In the Interest of: S.N.V.B., a Minor
In the Interest of: S.N.V.B., a Minor No. 366 EDA 2017
| Pa. Super. Ct. | Aug 29, 2017Background
- Child born December 2014; DHS became involved March 2015 after concerns about Mother’s mental health, developmental delay, inadequate housing, and Child’s low birth weight and feeding needs.
- Child was removed from parental care March 31, 2015 and placed with paternal aunt; Child adjudicated dependent and committed to DHS in April 2015.
- Mother diagnosed with bipolar disorder and schizophrenia; DHS developed a Single Case Plan (SCP) requiring housing, mental health treatment, supervised visits twice weekly, parenting classes, domestic violence program, and family school; Mother did not complete SCP objectives.
- DHS filed petitions July 18, 2016 seeking goal change to adoption and involuntary termination of Mother’s parental rights under 23 Pa.C.S. § 2511(a)(1),(2),(5),(8) and (b).
- Trial court found Child had been in DHS custody over 12 months, Mother remained unable/unwilling to remedy conditions that led to removal, Child was bonded to paternal aunt (who provided a stable home), and terminated Mother’s parental rights January 6, 2017; Mother appealed.
Issues
| Issue | Mother’s Argument | DHS/Respondent’s Argument | Held |
|---|---|---|---|
| Whether termination under §2511(a)(8) was supported by clear and convincing evidence | Mother: she substantially completed FSP/SCP goals (re-engaged in services, visited, sought housing) | DHS: Mother failed to complete objectives, inconsistent visits, unstable housing, stopped/limited mental health treatment | Held: Affirmed — (a)(8) satisfied: >12 months in care, underlying conditions persisted, termination served Child’s needs |
| Whether termination violated §2511(b) because of a bond and harm to Child | Mother: ongoing bond from visits; termination would harm Child’s developmental/ emotional needs | DHS: No parental bond; Child bonded to paternal aunt who is stable caregiver; Child showed preference for aunt; no harm from severance | Held: Affirmed — (b) satisfied: primary consideration to Child’s developmental, physical and emotional needs favored adoption by aunt |
Key Cases Cited
- In re R.J.T., 9 A.3d 1179 (Pa. 2010) (appellate review of termination decisions and deference to trial court credibility findings)
- In re Adoption of S.P., 47 A.3d 817 (Pa. Super. 2012) (bifurcated §2511 analysis: parent conduct under (a), child welfare under (b))
- In re L.M., 923 A.2d 505 (Pa. Super. 2007) (explaining bifurcated §2511 framework)
- In re K.Z.S., 946 A.2d 753 (Pa. Super. 2008) (§2511(a)(8) requires 12 months in care and that conditions persist despite reasonable efforts)
- In re T.S.M., 71 A.3d 251 (Pa. 2013) (primary consideration under §2511(b) is child’s developmental, physical and emotional needs)
- In re K.M., 53 A.3d 781 (Pa. Super. 2012) (emotional needs include love, comfort, security, stability; focus on effect of severing bonds)