In the Interest of: H.J.L., a Minor
1381 MDA 2016
| Pa. Super. Ct. | Dec 22, 2016Background
- Child (born 2009) was placed in foster care and adjudicated dependent in Jan 2015 after County Children and Youth received multiple reports (2006–2014) of neglect, unsanitary conditions, domestic violence, drug use, and drug dealing in the home.
- Mother tested positive for marijuana and heroin; Father lived in the home until incarcerated in Feb 2013 for robbery/resisting arrest and remained imprisoned through the hearings (release scheduled Feb 2017). Father last saw Child in Feb 2014.
- Child has been in a pre-adoptive foster placement since Nov 2015, bonded with foster parents, and attends therapy for emotional distress, anger, and anxiety.
- Father began writing letters to Child weekly/biweekly in late 2015 after requesting contact; Child did not demonstrate a desire to respond and there was no apparent parent–child bond.
- Agency petitioned to involuntarily terminate Father’s parental rights in Jan 2016; hearings were held May 23 and July 18, 2016, and the court terminated Father’s rights under 23 Pa.C.S. § 2511(a)(1), (a)(2), (a)(5) and (b) on July 22, 2016.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether grounds for involuntary termination under §2511(a) exist | Agency: Father’s long-term incarceration and failure to provide parental care/support or maintain a bond justify termination | Father: He made sincere efforts (letters), used available resources, will be released in reasonable time, intends to improve parenting | Court: Termination affirmed; incarceration and prolonged absence established grounds under §2511(a)(2) and related subsections |
| Whether termination serves Child’s best interests under §2511(b) | Agency: Foster placement meets Child’s developmental, emotional, physical needs; Child bonded with foster parents; Father cannot meet Child’s needs | Father: Child deserves an opportunity for relationship with him once released | Court: §2511(b) satisfied — Child’s welfare favors termination given lack of bond, Father’s absence, and foster parents’ positive impact |
Key Cases Cited
- In re A.R., 837 A.2d 560 (Pa. Super. 2003) (standard of appellate review for termination decisions)
- In re adoption of S.M., 816 A.2d 1117 (Pa. Super. 2003) (definition of clear and convincing evidence and totality-of-circumstances review)
- In re C.P., 901 A.2d 516 (Pa. Super. 2006) (party seeking termination must prove at least one §2511(a) ground and §2511(b) best-interest finding)
- In re Adoption of S.P., 47 A.3d 817 (Pa. 2012) (incarceration can be determinative where it causes repeated and continued incapacity preventing parental care)
- In the Interest of T.A.C., 110 A.3d 1028 (Pa. Super. 2015) (consideration of foster placement stability and child’s needs in §2511(b) analysis)