In the Interest of: P.K.K., Jr., a Minor
1933 EDA 2017
| Pa. Super. Ct. | Dec 18, 2017Background
- DHS sought involuntary termination of Father P.K.K.'s parental rights to his two children, P.K.K., Jr. (b. 2008) and J.Z.K. (b. 2010).
- Children were adjudicated dependent and placed in DHS foster care after Mother was found wandering with the children while high on PCP and marijuana; Father was incarcerated for drug charges.
- Mother’s reunification efforts failed; Father had a pattern of drug use, incarceration, probation violations, and housing instability.
- Court-ordered Family Service Plans required Father to obtain suitable housing, complete drug/alcohol treatment, attend therapy, and maintain regular visits; Father failed to consistently comply.
- Multiple permanency reviews showed Father’s limited compliance, ongoing drug use, and missed therapy/appointments; Mother’s rights were terminated earlier in 2016.
- A bonding/parenting capacity evaluation by Dr. Williams and a continued caseworker assessment supported termination in the Children’s best interests under 23 Pa.C.S. § 2511(a)(2) and (b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination was proper despite consistent visits | Father had weekly visits and housing adequacy | Father argues visits, housing, and treatment show progress | Termination upheld on § 2511(a)(2) and (b) grounds |
| Whether housing adequacy affects termination | Housing was appropriate and DHS failed to prove otherwise | Housing issues remained unresolved | Court relied on overall record, including bonding and safety concerns, to terminate |
| Whether Father’s drug treatment status supports termination | Father was in treatment and compliant at times | Inconsistent treatment and probation issues persisted | Termination affirmed due to persistent substance abuse and risk to welfare |
Key Cases Cited
- In re S.M., 816 A.2d 1117 (Pa. Super. 2003) (clear and convincing evidence standard; totality of circumstances)
- In re C.P., 901 A.2d 516 (Pa. Super. 2006) (burden on parent to prove grounds for termination under §2511(a) and (b))
- In re A.R., 837 A.2d 560 (Pa. Super. 2003) (abuse of discretion review; evidence must support termination)