In Re: C.P.W., minors, Appeal of: C.W.
In Re: C.P.W., minors, Appeal of: C.W. No. 241 WDA 2017
| Pa. Super. Ct. | May 15, 2017Background
- CYF filed dependency petitions in 2013 after ongoing concerns about Mother’s substance abuse, domestic violence, missed medical/educational appointments, and unstable housing; Father had intermittent engagement and criminal history.
- The children (born 2010, 2011, 2012, 2014) were removed from Mother’s care in October 2013 and remained in foster/pre‑adoptive placements; J.W. was later placed with paternal grandmother.
- Over multiple permanency hearings (2013–2016), both parents were repeatedly found to be in minimal or no compliance with Family Service Plan goals (mental health, dual‑diagnosis treatment, drug screens, housing, parenting/domestic violence services).
- Court‑appointed psychologist Dr. Terry O’Hara conducted repeated individual and interactional evaluations (2013–2016) and recommended treatment and improvement; he expressed concerns about Father’s mental health, substance use, housing, and ability to care for four young children.
- CYF petitioned to involuntarily terminate parental rights; on January 25, 2017 the Orphans’ Court terminated Father’s rights under 23 Pa.C.S. § 2511(a)(2), (5), (8) and (b). Father appealed only the Section 2511(b) determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination served the children’s developmental, physical and emotional needs and welfare under 23 Pa.C.S. § 2511(b). | CYF: permanency, stability, and foster attachments outweigh parental bonds; parents’ minimal compliance endangers children’s needs. | Father: strong attachment and love between him and the children; termination would deprive children of paternal affection. | Court affirmed termination under § 2511(b): record supported findings of insufficient parental progress and that severing rights served children’s best interests. |
| Whether Father preserved challenge to statutory grounds under § 2511(a). | N/A (CYF relied on statutory grounds alleged). | Father did not contest trial court’s finding on § 2511(a) in statement of issues on appeal. | Issue waived; appellate review limited to § 2511(b). |
Key Cases Cited
- In re Adoption of S.P., 47 A.3d 817 (Pa. 2012) (appellate deference to trial court findings in TPR cases)
- In re T.S.M., 71 A.3d 251 (Pa. 2013) (bifurcated analysis under § 2511; give primary consideration to child’s needs and welfare)
- In re R.J.T., 9 A.3d 1179 (Pa. 2010) (deference to trial court credibility determinations)
- In re M.G., 855 A.2d 68 (Pa. Super. 2004) (trial court free to resolve credibility and evidence conflicts)
- In re Adoption of T.B.B., 835 A.2d 387 (Pa. Super. 2003) (affirm where competent evidence supports trial court)
- In re L.M., 923 A.2d 505 (Pa. Super. 2007) (need to evaluate parental conduct under § 2511(a) before considering § 2511(b))
- In re C.S., 761 A.2d 1197 (Pa. Super. 2000) (definition of clear and convincing evidence)
- In re K.M., 53 A.3d 781 (Pa. Super. 2012) (emotional needs include love, comfort, security, stability)
- In re E.M., 620 A.2d 481 (Pa. 1993) (consideration of emotional bonds in needs and welfare analysis)
- In re Adoption of J.M., 991 A.2d 321 (Pa. Super. 2010) (absence of evidence of a bond supports inference no bond exists)
- In re Z.P., 994 A.2d 1108 (Pa. Super. 2010) (bond evaluation may be based on testimony of social workers/caseworkers)
- In re K.K.R.-S., 958 A.2d 529 (Pa. Super. 2008) (Section 2511(b) does not require formal bonding evaluation)
