In the Interest of: S.M.W., a Minor
2025 EDA 2017
| Pa. Super. Ct. | Nov 21, 2017Background
- Child born Dec. 2015; Mother and Child tested positive for marijuana and cocaine at birth; DHS filed for protective custody and Child was placed in foster care.
- Mother has history of substance abuse, untreated mental health issues, HIV, and five other children previously removed from her care.
- Trial court adjudicated Child dependent (Jan. 2016) and later found aggravated circumstances, relieving DHS of reasonable-efforts obligations (Apr. 2016).
- DHS filed a petition to involuntarily terminate Mother’s parental rights (Jan. 2017); termination hearing occurred May 25, 2017.
- Trial court terminated Mother’s parental rights under 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8) and (b); appellate court focused on (a)(2) and (b) and affirmed.
Issues
| Issue | Mother’s Argument | DHS’s Argument | Held |
|---|---|---|---|
| Whether termination under §2511(a)(2) was proper (parental incapacity not remedied) | Mother: she completed FSP goals (parenting class, housing, ongoing treatment) and can parent Child | DHS: Mother repeatedly tested positive, was noncompliant with treatment, and failed to remedy conditions causing removal | Affirmed: clear-and-convincing evidence of repeated/incapacity and inability/refusal to remedy; termination proper under §2511(a)(2) |
| Whether termination met child-focused best-interest test under §2511(b) | Mother: regular twice-weekly visits and a parental bond; no evidence termination was best for Child | DHS: Child has been in foster care entire life, is in a pre-adoptive home, and needs permanency; bond is attenuated | Affirmed: termination serves Child’s developmental, physical and emotional needs by providing permanency; no irreparable harm shown |
Key Cases Cited
- In re T.S.M., 71 A.3d 251 (Pa. 2013) (standard of review and deference to trial court credibility findings)
- In re Adoption of M.E.P., 825 A.2d 1266 (Pa. Super. 2003) (elements for §2511(a)(2))
- In re K.Z.S., 946 A.2d 753 (Pa. Super. 2008) (foster-care duration and attenuated parental bond)
- In re Adoption of C.L.G., 956 A.2d 999 (Pa. Super. 2008) (primacy of child’s need for permanency)
- In re Adoption of S.P., 47 A.3d 817 (Pa. 2012) (affirming trial-court factfinding in termination cases)