In the Interest of: A.A.S., a Minor
In the Interest of: A.A.S., a Minor No. 2848 EDA 2016
| Pa. Super. Ct. | Feb 13, 2017Background
- Two children (A.A.S., b. 2005; A.S., b. 2009) were removed from Mother after a CPS report in August 2013 alleging severe physical abuse of A.A.S., including belt marks and head injuries; Mother’s paramour admitted beating A.A.S.
- Mother was arrested on aggravated/simple assault, recklessly endangering another person (REAP), and endangering the welfare of a child (EWOC); children placed in DHS custody and foster/kinship care.
- A court found aggravated circumstances and adjudicated the children dependent; Mother’s visits were suspended and supervised services were offered.
- DHS filed petitions in November 2015 to involuntarily terminate parental rights; Father consented to termination; hearings were held April 25 and August 24, 2016.
- The trial court terminated Mother’s parental rights under 23 Pa.C.S. § 2511(a)(1),(2),(5),(8) and (b), and changed the permanency goal to adoption; Mother appealed.
Issues
| Issue | Mother’s Argument | DHS/Trial Court’s Argument | Held |
|---|---|---|---|
| Whether §2511(a)(2) termination was proper (parental incapacity/neglect that won’t be remedied) | Mother: she complied with Family Service Plan (FSP) goals (parenting, mental health, housing) and pled guilty, showing remediation | Trial court/DHS: parenting evaluation found Mother lacked capacity to provide safety; continued contact with paramour who abused child; children feared Mother | Court affirmed termination under §2511(a)(2) — clear and convincing evidence Mother’s incapacity would not be remedied |
| Whether termination met §2511(b) (children’s best interests) | Mother: lack of contact limited ability to repair bond; termination harms children | Trial court/DHS: children live with maternal aunt, express fear of Mother, have stability and support; termination would not cause permanent emotional harm | Court held termination satisfied §2511(b); termination is in children’s developmental, physical, emotional best interests |
| Whether completion of FSP and treatment preclude termination (claims under other §2511(a) subsections) | Mother: completion of FSP goals shows capacity and warrants preserving parental rights | Trial court/DHS: completion insufficient given evaluative findings, ongoing relationship with abuser, and children’s fear; remedial efforts after petition filing are limited | Court rejected Mother’s argument; factual findings support termination under at least one §2511(a) ground and §2511(b) |
Key Cases Cited
- In re T.S.M., 71 A.3d 251 (Pa. 2013) (standard of review in termination cases; deference to trial court’s credibility findings)
- In re L.M., 923 A.2d 505 (Pa. Super. 2007) (bifurcated analysis under §2511: parent conduct then child best interests)
- In re B.L.W., 843 A.2d 380 (Pa. Super. 2004) (only one subsection of §2511(a) plus §2511(b) required to affirm)
- In re Adoption of C.D.R., 111 A.3d 1212 (Pa. Super. 2015) (parental incapacity need not be affirmative misconduct; includes refusal or incapacity)
- In re K.K.R.-S., 958 A.2d 529 (Pa. Super. 2008) (emotional bond is a factor in §2511(b) analysis but not dispositive)
- In re N.A.M., 33 A.3d 95 (Pa. Super. 2011) (trial court may prioritize child safety, stability, and continuity over parental bond analysis)