In the Interest of: S.E.C-B, a Minor
In the Interest of: S.E.C-B, a Minor No. 2051 EDA 2016
| Pa. Super. Ct. | Jun 30, 2017Background
- DHS removed three children (born 2011, 2012, 2014) from Mother after a 2014 GPS report revealed Mother gave birth to the youngest in a bathtub and relinquished the infant to a friend; children were placed with Maternal Grandfather.
- Mother completed many SCP tasks (visitation, parenting/anger-management classes, parenting-capacity evaluation, changed work schedule) but did not produce records of mental-health treatment and did not complete a home assessment.
- Parenting-capacity evaluator (Dr. Russell) diagnosed impaired anticipatory thinking and recommended individual therapy; caseworker testified Mother’s untreated mental-health and housing issues prevented unsupervised reunification.
- DHS filed petitions in May 2016 to terminate Mother’s parental rights (citing 23 Pa.C.S. §2511(a)(1),(2),(5),(8) and (b)) and to change permanency goals to adoption; Mother failed to appear at the termination hearing.
- The trial court terminated parental rights and changed the permanency goal to adoption; Mother timely appealed.
Issues
| Issue | Mother’s Argument | DHS / Trial Court’s Argument | Held |
|---|---|---|---|
| Whether grounds for termination under 23 Pa.C.S. §2511(a)(8) were proven | Mother argued she remedied most SCP goals and remains actively involved with children; conditions leading to removal were addressed | DHS argued children were removed >12 months, Mother failed to address primary issue (mental health), visitation never progressed to unsupervised, safety concerns persisted | Court affirmed (a)(8) finding: 12‑month requirement met and primary conditions (mental‑health, housing) persisted, so (a)(8) satisfied |
| Whether termination meets statutory best‑interests test under §2511(b) (developmental, physical, emotional needs) | Mother argued strong parental bond exists; termination would sever her only source of love/comfort for children | DHS/caseworker testified grandfather is primary caretaker, children would not suffer irreparable harm, adoption is in best interest | Court vacated the (b) determination and remanded: trial court did not adequately evaluate or develop evidence on emotional/psychological effects of severing Mother–child bond; ordered professional bonding assessment and further hearing |
| Whether changing permanency goal to adoption was proper | Mother argued same points as to §2511(b) — bond and ongoing parental role make adoption inappropriate | DHS relied on same evidence supporting termination and permanency change | Court vacated goal‑change orders pending the §2511(b) remand and further bonding evidence |
Key Cases Cited
- In re Adoption of S.P., 47 A.3d 817 (Pa. 2012) (standard of review and deference to trial court in termination appeals)
- In re R.N.J., 985 A.2d 273 (Pa. Super. 2009) (clear and convincing evidence burden explained)
- In re Z.P., 994 A.2d 1108 (Pa. Super. 2010) (only one §2511(a) subsection need be satisfied before §2511(b) inquiry)
- In re L.M., 923 A.2d 505 (Pa. Super. 2007) (focus on parental conduct under §2511(a) before §2511(b))
- In re D.A.T., 91 A.3d 197 (Pa. Super. 2014) (§2511(a)(8) analysis requires evaluation of child’s needs and welfare and distinguishes from §2511(b))
- In re Adoption of M.E.P., 825 A.2d 1266 (Pa. Super. 2003) (factors required under §2511(a)(8))
- In re T.S.M., 71 A.3d 251 (Pa. 2013) (§2511(b) requires careful consideration of emotional bonds and the potential effect of severance)
