In the Interest of: A.A., a Minor
1006 EDA 2016
| Pa. Super. Ct. | Dec 1, 2016Background
- Child (born Nov. 2009) was removed from the home in Jan. 2014 after an incident in New Jersey; CYS obtained protective custody and Child was adjudicated dependent Feb. 19, 2014.
- Child placed with foster parents in Waymart; foster placement stable, Child made significant educational and health progress but showed some emotional regression during placement.
- Parents had supervised visitation; Mother's visitation was suspended by court order on July 27, 2015; Father’s reunification and ICPC efforts failed and his ICPC was denied due to criminal history.
- CYS developed a permanency plan, conducted family-finding efforts, assessed kin (Maternal Grandfather approved but not recommended due to protective-capacity concerns), and prepared foster parents to adopt.
- At the Feb. 23, 2016 permanency hearing (order entered Mar. 7, 2016), CYS sought change of permanency goal from reunification to adoption (concurrent SPLC); trial court approved the change and mother timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by changing goal from reunification to adoption after suspending Mother’s visits seven months earlier | Mother: suspension of visitation was unsupported; court should have given Mother more time to remedy deficits and allowed visitation to continue before goal change | CYS/Trial court: Mother failed to comply with plan, made minimal progress, visits were inconsistent and suspended to allow reunification efforts with Father; goal change serves Child’s best interest | Court: No abuse of discretion; record supports goal change based on §6351(f)/(f.1) factors and Child’s best interest |
Key Cases Cited
- In re R.J.T., 9 A.3d 1179 (Pa. 2010) (standard of review in dependency cases: accept trial court fact/credibility findings if supported)
- In Interest of L.Z., 111 A.3d 1164 (Pa. 2015) (dependency review and abuse-of-discretion standard)
- In re Adoption of S.P., 47 A.3d 817 (Pa. 2012) (definition of abuse of discretion in parental/child matters)
- In re G., T., 845 A.2d 870 (Pa. Super. 2004) (definition of "dependent child" and burden on petitioner)
- In re D.A., 801 A.2d 614 (Pa. Super. 2002) (court’s authority to make dispositional orders for dependent children)
- In re A.K., 936 A.2d 528 (Pa. Super. 2007) (factors under 42 Pa.C.S. §6351(f) for goal-change decisions)
- In re K.C., 903 A.2d 12 (Pa. Super. 2006) (child’s best interest governs placement after dependency)
- In re E.F.V., 461 A.2d 1263 (Pa. Super. 1983) (state’s interest in protecting child’s best interest over parental preferences)
