In The Interest of: T.W.P., a Minor, 3511 EDA 2015

Background

DHS became involved after Mother’s newborns tested positive for benzodiazepines and marijuana at birth (2011); children adjudicated dependent and received in‑home services, later placed in foster care (2013) after Mother was observed under the influence.
Mother’s Family Service Plan required drug/alcohol treatment, mental health treatment, domestic violence counseling, housing, parenting evaluation, and dual‑diagnosis assessment.
Children remained in DHS custody and were placed in pre‑adoptive/kinship homes; permanency goal changed to adoption in 2014.
DHS filed petitions (April 2014) to involuntarily terminate Mother’s parental rights under 23 Pa.C.S. § 2511(a)(1), (2), (5), (8) and (b) and to change goal to adoption; hearings held in 2014–2015 with multiple witnesses and a parenting capacity evaluation by a psychologist.
Trial court found Mother had persistent substance use, untreated/unstable mental health issues, ongoing domestic violence exposure, unsafe housing/economic instability, and a parenting evaluation indicating she was unable to provide safety and permanency; court terminated parental rights and changed goal to adoption (Nov. 4, 2015).
Mother appealed, raising judicial bias and due‑process claims and, through counsel, challenges under § 2511(a) and (b); Superior Court affirmed (Sept. 28, 2016).

Issues

Issue	Mother’s Argument	DHS/Respondent’s Argument	Held
Whether grounds for termination under § 2511(a)(2) were proven by clear and convincing evidence	Mother argued she made efforts to maintain contact and remedy conditions; thus § 2511(a)(2) not satisfied	DHS argued Mother’s repeated incapacity (substance use, mental health, DV, housing instability) caused children to lack essential parental care and would not be remedied	Affirmed: § 2511(a)(2) satisfied—Mother’s incapacity continued and would not be remedied
Whether termination met the child needs/welfare requirement under § 2511(b) (bond analysis)	Mother argued the court failed to properly consider ongoing bonds and her compliance efforts	DHS/court relied on evidence of children’s stability in pre‑adoptive homes, lack of adequate parent–child bond, and harm from preserving an unhealthy situation	Affirmed: § 2511(b) satisfied—primary consideration to children’s developmental/ emotional needs favored termination
Whether Mother waived issues by deficient concise statement and briefing	Mother preserved some claims but failed to develop others in Rule 1925(b)/brief	DHS asserted waiver for issues not properly raised or developed	Superior Court found some procedural waiver but reviewed merits under Laboy where claim’s nature was discernible; nevertheless found substantive claims lacked merit
Claims of judicial bias and due process based on recusal request/representation	Mother claimed judge was biased and improperly forced counsel on her	DHS argued procedural defects and lack of developed argument; trial court credibility determinations entitled to deference	Rejected: appellate standard defers to trial court; no reversible partiality or due process violation shown

Key Cases Cited

In re Adoption of S.P., 47 A.3d 817 (Pa. 2012) (standard of review and deference to trial court credibility findings in termination cases)
In re R.J.T., 9 A.3d 1179 (Pa. 2010) (trial court’s first‑hand observations and non‑mechanical application of dependency criteria)
In re T.S.M., 71 A.3d 251 (Pa. 2013) (bifurcated analysis under § 2511; focus on parent conduct then child needs/welfare)
In re M.G., 855 A.2d 68 (Pa. Super. 2004) (trial court discretion in weighing evidence and credibility)
In re C.S., 761 A.2d 1197 (Pa. Super. 2000) (clear and convincing evidence definition)
In re L.M., 923 A.2d 505 (Pa. Super. 2007) (description of § 2511 bifurcated process)
In re Adoption of M.E.P., 825 A.2d 1266 (Pa. Super. 2003) (elements for § 2511(a)(2) termination)
In re Adoption of C.D.R., 111 A.3d 1212 (Pa. Super. 2015) (grounds for termination include incapacity and refusal as well as affirmative misconduct)
In re K.M., 53 A.3d 781 (Pa. Super. 2012) (emotional needs/welfare include intangibles such as love, comfort, security, stability)