In Re: M.E.M., Appeal of: S.M.M., mother
532 WDA 2017
| Pa. Super. Ct. | Sep 29, 2017Background
- Mother (S.M.M.) has a long history of substance abuse, mental-health diagnoses, criminal convictions, and periods of incarceration; she entered treatment in March 2015 and is in remission.
- Parents were divorced; children (born 2004 and 2006) have lived with Father (S.A.M.) and Stepmother since about 2010; Mother’s last contact with the children was in early 2012.
- Father obtained two Protection From Abuse (PFA) orders against Mother (2010 and 2013); under the original PFA Father was granted exclusive custody. Father later moved to modify the PFA to allow Mother contact.
- Mother made only two attempts (through probation/parole officers) to contact Father about visitation and otherwise provided no financial, emotional, or regular contact with the children for years.
- Father filed petitions to involuntarily terminate Mother’s parental rights under 23 Pa.C.S. § 2511(a)(1), (2) and (b); the orphans’ court granted the petitions and the Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether Mother’s conduct met §2511(a)(1) (failure/refusal to perform parental duties for ≥6 months) | Mother contended she exercised reasonable firmness despite obstacles Father placed (fear of retaliation, reliance on PFAs) and attempted contact via probation officers | Father argued Mother failed to perform parental duties for years, made only minimal contact attempts, and did not pursue court relief or modify PFAs to enforce visitation | Court held §2511(a)(1) satisfied: Mother failed to act affirmatively to preserve relationship; two contacts via probation were insufficient |
| Whether termination was in children’s best interest under §2511(b) | Mother argued her love and desire to parent; implied that termination would harm parent-child bond | Father and orphans’ court emphasized children’s stability with Father/Stepmother, lack of meaningful bond with Mother given long absence, and Stepmother’s willingness to adopt | Court held §2511(b) satisfied: children have stability, no strong bond with Mother, and termination would not be detrimental; adoption by Stepmother favored children’s welfare |
Key Cases Cited
- In re R.J.T., 9 A.3d 1179 (Pa. 2010) (appellate review defers to trial court’s factfinding and credibility determinations in termination cases)
- In re Adoption of S.P., 47 A.3d 817 (Pa. 2012) (incarceration does not relieve parent of duty to maintain contact; must use available resources)
- In re B., N.M., 856 A.2d 847 (Pa. Super. 2004) (parent must act affirmatively and exercise reasonable firmness to preserve parental relationship)
- In re Z.S.W., 946 A.2d 726 (Pa. Super. 2008) (standards for proving §2511(a)(1) based on six-month period and consideration of parent’s explanations and post-abandonment contact)
- In re Adoption of C.D.R., 111 A.3d 1212 (Pa. Super. 2015) (§2511(b) best-interest analysis includes bond, stability, and continuity considerations)