In the Int. of: Q.R., Appeal of: C.W.
2759 EDA 2024
Pa. Super. Ct.Mar 21, 2025Background
- Mother (C.W.) appealed the Philadelphia Orphans’ Court’s decree terminating her parental rights to her minor child (Q.D.R.) under 23 Pa.C.S. § 2511(a)(1), (2), (5), (8) and (b), and the order changing the child’s permanency goal to adoption.
- The case initiated following a founded Child Protective Services report alleging Mother physically abused the child, leading to the child's removal and placement in foster care in February 2019.
- Mother was given case plan objectives including mental health treatment, substance abuse testing, parenting classes, and suitable housing, but her compliance was minimal; she repeatedly tested positive for cocaine and failed to establish stable housing or complete required services.
- The child has been in foster care for over five years and developed a parental bond with the resource parent, while Mother’s visitation was erratic and later suspended due to threatening behavior.
- Mother's counsel sought to withdraw under Anders v. California, asserting the appeal was frivolous; the Superior Court reviewed both the request to withdraw and the merits of the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination of Mother’s parental rights under §2511(a) and (b) was appropriate | Insufficient evidence; bond existed with child | Mother failed to meet objectives; child needs permanence | Termination supported by credible evidence |
| Whether changing the goal to adoption was proper | Goal should be permanent legal custody to allow more time | Child’s best interests require adoption; bond insufficient | Goal change to adoption affirmed; challenge moot |
| Whether counsel’s Anders withdrawal was proper | (N/A - procedural) | Counsel fulfilled Anders requirements | Withdrawal permitted after independent review |
| Whether Mother’s parental rights termination and goal change orders should stand | Orders not supported by record | Evidence established requirements met | Orders affirmed; appeal found frivolous |
Key Cases Cited
- In re Adoption of C.M., 255 A.3d 343 (Pa. 2021) (standard of review for termination of parental rights)
- In re Adoption of B.G.S., 240 A.3d 658 (Pa. Super. 2020) (Anders procedure applies in parental rights termination appeals)
- In re S.M.B., 856 A.2d 1235 (Pa. Super. 2004) (extension of Anders to termination cases)
- In re J.F.M., 71 A.3d 989 (Pa. Super. 2013) (affirmance under any §2511(a) subsection suffices)
- In re Z.P., 994 A.2d 1108 (Pa. Super. 2010) (untimely parental cooperation may be rejected)
- In re P.Z., 113 A.3d 840 (Pa. Super. 2015) (termination supported where no substantial parental bond)