In Re: L.L., a Minor, In Re: L.L., a Minor No. 1726 MDA 2016

Background

Child (born July 2009) was placed in protective custody July 29, 2014 after referrals alleging Mother’s substance abuse and homelessness; Child lived in kinship care and was adjudicated dependent.
York County CYS then Adams County CYS supervised a reunification plan: Mother was required to obtain stable housing, complete drug/alcohol and mental health treatment, submit to random drug testing, cooperate with family services, and attend Child’s medical/educational appointments.
Mother made some early progress but was involuntarily discharged from treatment in spring 2015, missed agency appointments (including drug testing), failed to follow through with outpatient treatment, mental-health evaluation, and family-support services.
Child showed significant dental, behavioral, and toileting problems at placement; foster parents addressed medical, dental, educational, and therapeutic needs and are a pre-adoptive placement.
Child’s behavioral regression and increased soiling episodes correlated with sporadic visitations with Mother; agency recommended family therapy but Mother did not engage.
CYS petitioned to involuntarily terminate Mother’s parental rights under 23 Pa.C.S. § 2511(a)(1) and (b); the Orphans’ Court terminated Mother’s rights and the Superior Court affirmed.

Issues

Issue	Mother’s Argument	CYS/Respondent’s Argument	Held
Whether termination under 23 Pa.C.S. § 2511(a)(1) was warranted	Mother argued she had stable housing, employment, transportation, and overnight visits, showing rehabilitation and performance of parental duties	Mother repeatedly failed to complete substance-abuse and mental-health treatment, missed drug tests and agency appointments, and did not participate in Child’s medical/educational or therapeutic needs	Affirmed: Mother failed to perform parental duties for a period exceeding six months and showed a pattern of unfulfilled promises supporting termination under § 2511(a)(1)
Whether termination meets the child’s best interests under § 2511(b)	(not raised by Mother on appeal)	Child is thriving in a stable, pre-adoptive foster home; bond with foster parents outweighs limited and inconsistent bond with Mother; continued contact with Mother caused regressions in Child’s behavior	Affirmed: Termination serves Child’s developmental, physical, and emotional needs; severing Mother’s rights will not be detrimental and promotes permanency
Procedural issue: appealability based on docket entry and Rule 236(b) notice	Mother’s notice of appeal referenced the order; timing issue raised by court record	Clerk’s docket did not reflect proper notation of notice of entry as required by Pa.R.Civ.P. 236(b) and Pa.R.A.P. 108(b)	Court declined remand as judicial economy; addressed merits but cautioned Clerk to comply with Rule 236(b)
Whether other statutory subsections (§ 2511(a)(5), (8)) require review	Mother raised them in brief but did not preserve in Rule 1925(b) statement	CYS argued subsections unnecessary because (a)(1) and (b) suffice	Waived/unnecessary: Court affirmed based on § 2511(a)(1) and (b) and declined to consider unpreserved claims

Key Cases Cited

In re T.S.M., 71 A.3d 251 (Pa. 2013) (standard of review and guidance on bond and permanency in termination cases)
In re L.M., 923 A.2d 505 (Pa. Super. 2007) (docket-entry and appeal-period rules; deference to trial-court fact-finding)
In re B.L.W., 843 A.2d 380 (Pa. Super. 2004) (affirming termination where any one subsection of § 2511(a) and § 2511(b) are satisfied)
In re Adoption of Charles E.D.M., 708 A.2d 88 (Pa. 1998) (three-part inquiry after finding failure to perform parental duties)
Frazier v. City of Philadelphia, 735 A.2d 113 (Pa. 1999) (orders not appealable until docket reflects Rule 236(b) notice)
In re K.K.R.-S., 958 A.2d 529 (Pa. Super. 2008) (bond analysis: affection alone insufficient to defeat termination)
In re N.A.M., 33 A.3d 95 (Pa. Super. 2011) (consideration of child’s attachment to foster parents and continuity when weighing § 2511(b) factors)