In Re: T.R.R., a Minor, 918 EDA 2017

Child in Bucks County CYS custody since Dec 2010; adjudicated dependent with CYS custody at shelter hearing Jan 14, 2011.
Permanency goal changed from reunification to adoption on Sept 11, 2012 by agreement of both parents.
Parents have mental health issues; both completed parenting classes but largely failed to implement skills; Child has speech/hearing delays and required interventions.
Parents initially consented to termination but revoked; trial court vacated the terminations; after remand, eleven days of hearings were held.
On Feb 15, 2017 the trial court granted involuntary termination; this Court affirmed the decrees after appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Grounds for termination under §2511(a)(2)	CYS showed repeated incapacity to provide care	Parents could remedy with offered services	Grounds established under §2511(a)(2)
Reasonable efforts and capacity to remedy under §2511(a)(5)/(a)(2)	CYS efforts were inadequate to cure incapacity	Parents’ capacities could be improved with continued services	Termination affirmed; efforts insufficient to justify reversal
Best interests and overall grounds for termination	Best interests require termination due to ongoing incapacity	Better to pursue more services and potential reunification	Termination warranted; best interests favored termination

In re L.M., 923 A.2d 505 (Pa. Super. 2007) (standard of review; capacity evidence must be competent)
In re M.G., 855 A.2d 68 (Pa. Super. 2004) (deference to trial court findings; flexible review)
Cardamone v. Elshoff, 659 A.2d 575 (Pa. Super. 1995) (best interests are paramount; parents' rights subordinate to child welfare)
In re A.L.D., 797 A.2d 326 (Pa. Super. 2002) (change of goal from reunification to adoption ends disputes over services adequacy)
In re B.L.W., 843 A.2d 380 (Pa. Super. 2004) (may rely on one subsection to affirm termination; proper scope of review)