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In the Interest of T.M.T.
64 A.3d 1119
| Pa. Super. Ct. | 2013
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Background

  • DHS became involved July 29, 2009 over medical neglect concerns for T.M.T. (congenital glaucoma) and failure to obtain medical treatment.
  • August 21, 2009 DHS found the home deplorable; children placed in CSI foster care.
  • Father repeatedly tested positive for cannabis and had no substantial treatment history.
  • February 2010 FSP aimed at reunification; Father attended but did not achieve treatment compliance.
  • By January 2012, ongoing noncompliance and missed medical visits; T.M.T. required eye surgery in March 2012.
  • July 20, 2012 court terminated Father’s parental rights; appeal followed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether 2511(a)(8) supports termination DHS showed 12-month threshold with ongoing conditions Father contends conditions were not remedied Yes, conditions continued; termination affirmed under (a)(8)
Whether termination serves the child’s needs under 2511(b) Termination serves child’s needs due to stable foster care Bond with Father argued to be meaningful Yes, best interests favored termination; bond not compensatory

Key Cases Cited

  • In re R.N.J., 985 A.2d 273 (Pa. Super. 2009) (standard of review for termination petitions; clear and convincing evidence)
  • In re S.H., 879 A.2d 802 (Pa. Super. 2005) (broad, comprehensive review; deference to trial court)
  • In re J.L.C., 837 A.2d 1247 (Pa. Super. 2003) (clear and convincing evidence; credibility issues resolved by court)
  • In re M.G., 855 A.2d 68 (Pa. Super. 2004) (credibility and scope of evidence in termination)
  • In re Adoption of T.B.B., 835 A.2d 387 (Pa. Super. 2003) (abuse of discretion standard; bond considerations)
  • In re C.L.G., 956 A.2d 999 (Pa. Super. 2008) (importance of parent-child bond in best-interest analysis)
  • In re A.R.M.F., 837 A.2d 1231 (Pa. Super. 2003) (bond with foster parents; severing bond acceptable where no significant bond exists)
  • In re R.J.S., 901 A.2d 502 (Pa. Super. 2006) (best interests test; development of needs and welfare priority)
Read the full case

Case Details

Case Name: In the Interest of T.M.T.
Court Name: Superior Court of Pennsylvania
Date Published: Apr 8, 2013
Citation: 64 A.3d 1119
Court Abbreviation: Pa. Super. Ct.