In the interest of: T.A.C. Appeal of: L.C.
110 A.3d 1028
| Pa. Super. Ct. | 2015Background
- Mother (L.C., n/k/a L.F.) suffered longstanding serious mental-health problems (bipolar disorder with schizophrenic tendencies) and lived with maternal grandmother in Florida; she denied or delayed allowing release of medical records and had been hospitalized for psychosis.
- After parental separation, father had custody; following father’s conviction and incarceration for recklessly endangering the children, the children were placed in protective custody in Nov. 2011 and adjudicated dependent; they have been in the same pre-adoptive foster home since early 2012.
- CYS developed a permanency plan requiring Mother to engage in consistent mental-health treatment, stabilize, live independently, and demonstrate parenting capacity; Mother made minimal progress, refused to voluntarily provide treatment updates, and did not obtain unsupervised visits or live independently.
- CYS filed petitions to involuntarily terminate Mother’s parental rights on May 15, 2014; the trial court held a hearing on Aug. 1, 2014 and terminated under 23 Pa.C.S. § 2511(a)(8) and (b) on Aug. 19, 2014.
- Trial court found: (1) more than 12 months had elapsed since removal; (2) the conditions leading to removal (unstable, untreated/poorly managed mental illness and inability to parent independently) persisted; (3) Mother’s limited Skype contact and four in-person visits did not overcome safety, stability, and bonding concerns; and (4) foster parents provided stability and were prepared to adopt.
- Mother appealed, arguing she had treated for mental illness, was improving, could parent with grandmother’s help, and that termination was not in the children’s best interests.
Issues
| Issue | Mother's Argument | CYS/State's Argument | Held |
|---|---|---|---|
| Whether conditions that led to removal continue to exist under 23 Pa.C.S. § 2511(a)(8) | Mother: She is in ongoing treatment, improving, willing to take parenting classes, and can parent with grandmother’s assistance | CYS: Mother’s mental-health instability, noncompliance (including delayed releases), inconsistent medication use, inability to parent unsupervised, and lack of progress over 3+ years show conditions persist | Held: Conditions persist; (a)(8) satisfied — termination affirmed |
| Whether termination serves children’s needs and welfare under 23 Pa.C.S. § 2511(b) | Mother: Maintains bond via Skype, letters, packages; in-person visits occurred; severing bond would harm children | CYS: Although a bond may exist, severing would benefit children by providing permanence; foster parents meet children’s emotional needs and are ready to adopt | Held: Termination best serves children’s developmental, physical, and emotional needs; (b) satisfied — termination affirmed |
Key Cases Cited
- In re Adoption of S.M., 816 A.2d 1117 (Pa. Super. 2003) (standards for termination and clear-and-convincing evidence)
- In re A.R., 837 A.2d 560 (Pa. Super. 2003) (appellate standard of review for termination orders)
- In re D.A.T., 91 A.3d 197 (Pa. Super. 2014) (conditions that led to removal may persist even if some issues are addressed)
- In re S.H., 879 A.2d 802 (Pa. Super. 2005) (permanency and stability support termination when parent cannot meet minimum parenting level)
- In re K.Z.S., 946 A.2d 753 (Pa. Super. 2008) (best-interest analysis considers love, comfort, security, and stability)
- In re A.S., 11 A.3d 473 (Pa. Super. 2010) (court may emphasize child’s safety and benefits of foster placement in bonding analysis)