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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, 2017
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Background

  • 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)
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Case Details

Case Name: In the Int. of: Z.J.M., a Minor Appeal of: M.B.
Court Name: Superior Court of Pennsylvania
Date Published: Feb 27, 2017
Docket Number: In the Int. of: Z.J.M., a Minor Appeal of: M.B. No. 1208 MDA 2016
Court Abbreviation: Pa. Super. Ct.