In the Interest of: H.T. a/k/a H.D., a Minor
753 MDA 2017
| Pa. Super. Ct. | Sep 19, 2017Background
- Mother (C.D.) has a long history (since 2010) of Agency involvement for homelessness, mental-health issues, cognitive impairment, domestic violence, substance concerns, and inability to care for children; she has an IQ of 64 and diagnoses including intellectual disability and PDD.
- Mother has five children: parental rights were involuntarily terminated as to one child (2012) and voluntarily terminated as to two others; a fourth child (J.T.) was the subject of an aggravated-circumstances finding in 2016 with no reunification efforts.
- The newborn (H.T./H.D.) was taken into Agency custody upon hospital discharge in February 2017; the father (V.S.) was later identified and has a domestic-violence history.
- The Agency provided services and attempted preparation and parenting services before and after birth; mother’s participation was inconsistent and mostly began only in March 2017.
- At the April 4, 2017 adjudication hearing the court found the child dependent and that aggravated circumstances existed (based on prior involuntary termination and the seven-year history of noncompliance), and ordered that no further reunification efforts with mother were required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether, after finding aggravated circumstances, the Agency must continue reasonable reunification efforts for mother | Mother contends the court erred in ruling the Agency need not provide reunification efforts despite the aggravated-circumstance finding | Agency/trial court argued aggravated circumstances (including prior involuntary termination and long history of noncompliance) permit suspension of reunification efforts | Court affirmed: aggravated circumstances shown; court may, in its discretion, order that reasonable reunification efforts need not be made or continued |
Key Cases Cited
- R.P. v. L.P., 957 A.2d 1205 (Pa. Super. 2008) (standard of review and deference to trial court factfinding in dependency cases)
- In re M.L., 757 A.2d 849 (Pa. 2000) (scope of Juvenile Act authority to adjudicate dependency and make disposition to protect child)
- In re A.H., 763 A.2d 873 (Pa. Super. 2000) (aggravated-circumstance findings permit suspension of reunification efforts)
- In the Interest of L.V., 127 A.3d 831 (Pa. Super. 2015) (court may end reasonable efforts when aggravated circumstances exist)