In the Interest of: T.M.B., a Minor
In the Interest of: T.M.B., a Minor No. 2854 EDA 2016
| Pa. Super. Ct. | Apr 13, 2017Background
- Mother appeals orders terminating parental rights to T.M.B., M.A.H., and M.S.S.H. and changing their permanency goals to adoption.
- Trial court on Nov. 14, 2016 detailed the history and made findings supporting termination under 23 Pa.C.S.A. § 2511(a)(2) and (b).
- Counsel filed an Anders brief with a Petition to Withdraw; this Court granted withdrawal after compliance with Santiago requirements.
- This Court applied abuse-of-discretion review and clear-and-convincing-evidence standards to the termination and goal-change decisions.
- Mother did not file a pro se or new counsel brief; counsel noted Mother’s absence at hearings and stipulated to averments.
- Court affirmed termination and adoption-goal change, adopting the trial court’s reasoning and citing related authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination was proven by clear and convincing evidence under §2511(a)(2) and (b). | Mother | Mother | Affirmed; evidence supported termination and best interests. |
| Whether reasonable efforts to reunify were required or improperly assessed. | Mother | DHS failure to reunify does not bar termination under §6351. | Court held termination valid despite agency efforts and allowed under §6351. |
| Whether changing the goal to adoption served the children's best interests. | Mother | Best interests favored adoption after termination. | Affirmed; best interests supported durability of permanency through adoption. |
| Whether Anders/Santiago procedures were satisfied for withdrawal of counsel. | Mother | Counsel complied with Anders and Santiago requirements. | Counsel withdrawal approved; Anders/Santiago compliance established. |
Key Cases Cited
- In re R.J.T., 9 A.3d 1179 (Pa. 2010) (abuse-of-discretion standard; factual findings reviewed for support)
- In re Adoption of S.P., 47 A.3d 817 (Pa. 2012) (clear-and-convincing standard; termination context)
- In re S.M.B., 856 A.2d 1235 (Pa. Super. 2004) (Anders framework applicability to parental rights appeals)
- In re D.C.D., 105 A.3d 662 (Pa. 2014) (agency failure to provide reasonable efforts does not preclude termination)