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