In the Interest of: A.J.W., a Minor, 2185 MDA 2015

Background

Father (R.C.W.) was incarcerated throughout proceedings; daughter A.J.W. born Aug. 2013 and placed in CYS custody in Mar. 2014; adjudicated dependent Apr. 2014.
Father had been arrested just before the child’s birth and remained incarcerated on drug-related convictions; anticipated earliest release Sept. 2016 with a maximum date in 2018.
Court-ordered services (parenting, mental-health, drug/alcohol evaluation) were imposed but Father’s ability to comply was hampered by incarceration; initial jail visitation (15 minutes/week) was suspended within months.
CYS filed a petition to involuntarily terminate Father’s parental rights under 23 Pa.C.S. § 2511(a)(1),(2),(5),(8) and (b); hearing held Nov. 2, 2015; CYS introduced documentary exhibits; Father testified by videoconference and had begun some prison programs only after the termination petition was filed.
Orphans’ Court found Father’s repeated and continued incapacity due to incarceration had left the child without essential parental care and that the incapacity could not be remedied within a reasonable time; also found no parent–child bond with Father and a strong bond with foster parents.
Decree terminating Father’s parental rights entered Nov. 30, 2015; Father appealed; appellate counsel filed an Anders brief and petition to withdraw; Superior Court affirmed termination under § 2511(a)(2) and (b) and granted counsel leave to withdraw.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to terminate Father’s rights under § 2511(a)(2)	CYS: Father’s repeated and continued incapacity due to long-term incarceration caused child to lack essential parental care and the condition cannot be remedied in a reasonable time	Father: He participated in prison parenting/substance programs and maintained limited contact (letters, pictures, video books) and sought delay until release to reunify	Yes — affirmed: Court found incarceration produced uncompensated incapacity causing lack of essential care and not remediable within a reasonable time
Whether termination is in child’s best interest under § 2511(b)	CYS: Child is bonded to foster parents, not Father; termination affords stability and permanence	Father: Continued contact and future release justify preserving parental rights to attempt reunification	Yes — affirmed: Court found no bond with Father, strong foster-family bond, and that termination serves child’s developmental, emotional, and physical needs
Whether Anders procedures were satisfied for counsel’s withdrawal on appeal	N/A (procedural)	Father might be abandoned on appeal absent counsel compliance	Yes — affirmed: Counsel complied with Anders/Santiago requirements and the court conducted independent review for nonfrivolous issues
Whether incarceration alone can support termination under § 2511(a)(2)	CYS: Incarceration is a relevant and potentially determinative factor when it causes lack of essential parental care	Father: Implied that incarceration should not, by itself, mandate termination given efforts and future release	Yes — affirmed consistent with precedent: Incarceration may be determinative when it produces the requisite incapacity and lack of care

Key Cases Cited

In re T.S.M., 71 A.3d 251 (Pa. 2013) (standard of review and emphasis on child’s ticking clock; consider pre-adoptive status and bonding)
In re Adoption of S.P., 47 A.3d 817 (Pa. 2012) (incarceration can be a determinative factor under § 2511(a)(2))
In re Adoption of M.E.P., 825 A.2d 1266 (Pa. Super. 2003) (elements for § 2511(a)(2) termination)
In re Adoption of J.M., 991 A.2d 321 (Pa. Super. 2010) (if no evidence of a parent–child bond, court may infer none exists)
In re K.Z.S., 946 A.2d 753 (Pa. Super. 2008) (bond analysis depends on case circumstances; no bond may be inferred when unsupported)
In re C.M.S., 884 A.2d 1284 (Pa. Super. 2005) (§ 2511(b) factors include love, comfort, security, and stability)
In re A.L.D., 797 A.2d 326 (Pa. Super. 2002) (parental incapacity may include refusal or inability to perform duties; late promises to comply can be rejected)