In the Interest of: L.C., a Minor
In the Interest of: L.C., a Minor No. 3669 EDA 2016
| Pa. Super. Ct. | Jul 14, 2017Background
- L.C. was born March 2015 and immediately placed in foster care after DHS received a report that Mother tested positive for PCP and marijuana at delivery and had prior substance abuse and mental-health issues; three of Mother’s other children had prior involuntary terminations.
- Juvenile court adjudicated L.C. dependent on March 27, 2015; he has lived in the same pre-adoptive foster home since infancy and had supervised visitation as the initial goal was reunification.
- Court-ordered service plan required drug/alcohol evaluation and treatment, mental-health treatment, parental training, housing, and random drug tests; Mother failed to complete pre-incarceration treatment and missed evaluations and visits.
- Mother was arrested June 29, 2015 and remained incarcerated through the October 25, 2016 termination hearing; she claimed to have completed programs in prison but provided no documentation and did not demonstrate completion of substance-abuse or mental-health treatment.
- DHS filed petitions (Sept 23, 2016) to involuntarily terminate Mother’s parental rights under 23 Pa.C.S. § 2511 and to change the permanency goal to adoption; the trial court denied Mother’s short continuance request, found her testimony not credible, terminated parental rights under subsections including (a)(1), and changed the goal to adoption.
Issues
| Issue | Mother’s Argument | DHS’s Argument | Held |
|---|---|---|---|
| Whether denial of continuance violated due process | Mother: denial prevented her from producing prison documentation of program completion | DHS: Mother had notice, failed to secure/provide documents, credibility issues justified denial | Court: Denial was not an abuse of discretion; credibility finding supported refusal of continuance |
| Whether DHS proved statutory grounds for termination under § 2511(a)(1) (failure to perform parental duties) | Mother: She completed programs in prison and was working toward service-plan goals | DHS: Mother avoided ordered evaluations, failed treatment pre-incarceration, had no contact or meaningful effort to parent; prison progress undocumented | Court: Clear and convincing evidence Mother failed to perform parental duties for statutory period; termination under (a)(1) affirmed |
| Whether termination meets the best-interest inquiry under § 2511(b) | Mother: Not argued separately beyond contesting (a) findings | DHS: L.C. bonded to foster mother, no parent-child bond with Mother, adoption serves child’s stability | Court: L.C. has no bond with Mother; strong bond with foster mother; terminating rights serves child’s developmental, physical, and emotional needs |
| Whether goal change to adoption was erroneous | Mother: appealed but offered no developed argument challenging goal change | DHS: goal change appropriate given lack of parental progress and foster placement stability | Court: Claim waived for inadequate briefing; goal change affirmed |
Key Cases Cited
- In re J.K., 825 A.2d 1277 (Pa. Super. 2003) (abuse-of-discretion standard for continuance denials)
- Commonwealth v. Hall, 867 A.2d 619 (Pa. Super. 2005) (factfinder credibility deference)
- In re M.M., 106 A.3d 114 (Pa. Super. 2014) (standard of review in termination appeals)
- In re Adoption of S.P., 47 A.3d 817 (Pa. 2012) (parental duties include maintaining communication and using resources while incarcerated)
- Matter of Adoption of Charles E.D.M., II, 708 A.2d 88 (Pa. 1998) (three-part inquiry after finding failure to perform parental duties)
- Adoption of C.J.P., 114 A.3d 1046 (Pa. Super. 2015) (bifurcated § 2511(a) then (b) analysis)