In Re: J.K.S., Appeal of: A.S., natural mother
In Re: J.K.S., Appeal of: A.S., natural mother No. 442 WDA 2017
| Pa. Super. Ct. | Aug 31, 2017Background
- Child born Sept. 2013 to minor parents A.S. (Mother) and K.S. (Father); parents never married.
- Mother was incarcerated in 2014; Maternal Aunt (prospective adoptive parent) took physical custody Oct. 24, 2014 and was awarded sole physical custody by court order; Mother retained shared legal custody but visits were limited thereafter.
- Maternal Aunt filed a petition to involuntarily terminate parental rights of both parents under 23 Pa.C.S. § 2511 on Dec. 21, 2016; evidentiary hearing held Jan. 19, 2017.
- Mother waived counsel, testified she had completed boot camp and obtained housing/employment and sought to resume parenting; testimony showed infrequent in-person visits (about monthly) and limited phone contact.
- Orphans’ Court found Mother had not meaningfully performed parental duties for the statutorily required period and that Child had a stronger bond with Maternal Aunt and her husband; court terminated Mother’s rights under § 2511(a)(1) and (b).
- Superior Court affirmed, deferring to the trial court’s credibility findings and concluding termination was supported by clear and convincing evidence and served the child’s best interests.
Issues
| Issue | Maternal Aunt (Petitioner) Argument | Mother’s Argument | Held |
|---|---|---|---|
| Whether § 2511(a)(1) grounds met (failure/refusal to perform parental duties over 6 months) | Mother failed to maintain communication, visitation, and a parental relationship for the relevant period; conduct showed settled purpose to relinquish or failure to parent | Mother asserts she made efforts to visit and communicate; Maternal Aunt impeded contact; intended to file to modify custody | Affirmed: clear and convincing evidence Mother failed to perform parental duties; credibility findings credited Petitioner |
| Whether termination is in child’s best interest under § 2511(b) | Termination would secure stability; child primarily bonded with Aunt and husband who provide daily care and are prospective adoptive parents | Mother contends severance would harm child; cites moments of attachment during visits | Affirmed: court found no close parent–child bond with Mother and that termination served Child’s developmental, emotional, and welfare needs |
Key Cases Cited
- In re Adoption of S.P., 47 A.3d 817 (appellate deference to trial court credibility findings)
- In re Z.S.W., 946 A.2d 726 (§ 2511(a)(1) requires conduct over six months showing settled intent or failure to perform parental duties)
- In re B.,N.M., 856 A.2d 847 (parental duties defined as affirmative obligations to provide safety, security, stability, and to maintain communication)
- In re Adoption of Faith M., 501 A.2d 1105 (absent parent must make special effort to bridge geographic separation and maintain communication)
- In re C.M.S., 884 A.2d 1284 (§ 2511(b) focuses on child’s developmental, physical, and emotional needs; intangibles like love, comfort, security matter)