In re R.I.S.
36 A.3d 567
| Pa. | 2011Background
- Father is incarcerated with a June 2012 minimum and June 2016 maximum release date; he is father of A.I.S. (b. 2007) and R.I.S. (b. 2008).
- CYS filed protective custody and dependency petitions in early 2009; children adjudicated dependent in Feb. 2009 and placed in foster care.
- CYS filed in Dec. 2009 petitions to change placement goal to adoption and to involuntarily terminate Father’s and Mother’s parental rights.
- March 2, 2010 hearing produced trial court findings that supported the goal of reunification and denied termination.
- Superior Court reversed in a divided ruling, treating incarceration as evidence of parental incapacity and overturning the trial court.
- This Court reverses, reaffirming that incarceration alone cannot justify termination and remands for proper goal-change analysis; concurrent planning recognized; a pre-adoptive resource exists.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is incarceration alone grounds for termination of parental rights? | Father | CYS | No; incarceration alone cannot justify termination. |
| Did the trial court abuse its discretion in denying termination under 2511 grounds? | Father | CYS | There was competent evidence supporting denial; Superior Court erred in relying solely on incarceration. |
| Was goal-change to adoption properly analyzed? | Father | CYS | Remand for proper, child-focused analysis of the goal-change petition. |
| Should the case be remanded to address best interests under 2511(b) separately from termination? | Father | CYS | Remand to apply correct, separate 2511(b) analysis; concurrent planning appropriate. |
Key Cases Cited
- In re Atencio, 650 A.2d 1064 (Pa. 1994) (standard of review for termination; credibility and discretion)
- In re William L., 383 A.2d 1228 (Pa. 1978) (abuse of discretion standard in termination)
- In re McCray, 331 A.2d 652 (Pa. 1975) (incarceration may be considered to establish incapacity, not determinative)
- Adoption of Baby Boy A., 517 A.2d 1244 (Pa. 1986) (incarceration and maintaining bond; no full tolling of parental duties)
- In re R.J.T., 9 A.3d 1179 (Pa. 2010) (dealings with best interests; deferential review in dependency cases)
- In re K.Z.S., 946 A.2d 753 (Pa. Super. 2008) (bond considerations in termination analysis)
- In re E.A.P., 944 A.2d 79 (Pa. Super. 2008) (incarceration as evidence of incapacity when appropriate)