In the Int. of: Z.J.M., a Minor Appeal of: M.B.
In the Int. of: Z.J.M., a Minor Appeal of: M.B. No. 1208 MDA 2016
Pa. Super. Ct.Feb 27, 2017Background
- Decrees dated June 28, 2016 terminated Mother's (and Father's) parental rights to Z.O.B. and Z.J.M. and changed their permanency goals to adoption.
- Mother appealed; Attorney DeStefano filed an Anders brief and petition to withdraw; this Court conducted an independent review.
- Trial court found Mother made little progress meeting service objectives and that placement exceeded 32 months.
- Bonding assessment showed no close Mother–children bond; children had formed a strong bond with the foster family.
- Foster family provided stability and love; adoption was in the children’s best interests; Father’s rights were also terminated.
- Court affirmed the termination decrees and granted Attorney DeStefano withdrawal, applying §2511 grounds and best-interests analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the goal change to adoption was proper | Mother contends error in changing goal | SSCY argues goal change is appropriate | Goal change affirmed |
| Whether termination of parental rights was supported by law and record | Mother argues insufficient evidence for termination | SSCY proves grounds under §2511 | Termination upheld on clear and convincing evidence |
Key Cases Cited
- In re S.M.B., 856 A.2d 1235 (Pa. Super. 2004) ( Anders withdrawal standards; independent review of frivolousness required)
- In re J.D. WM, 810 A.2d 688 (Pa. Super. 2002) (clear-and-convincing evidence standard; termination burden on agency)
- In re J.E., 745 A.2d 1250 (Pa. Super. 2000) (best interests analysis; developmental needs must guide the outcome)
- In re K.Z.S., 946 A.2d 753 (Pa. Super. 2008) (bonding/needs analysis; parental rights not preserved by passive interest)
