In The Interest of: Y.J.M., a Minor, 2270 EDA 2016

DHS substantiated a 2013 report that Mother used and sold drugs and that the home had drug activity and poor conditions.
Mother had several mental health disorders and did not receive treatment; the home had mold, broken floors, a ceiling leak, and safety hazards.
Children were adjudicated dependent in December 2013; OPC placed them in foster care and temporarily committed them to DHS with weekly supervised visits.
A 2015 permanency plan contemplated reunification if Mother met housing, drug, and mental health goals and allowed CUA to assess her home.
CUA assessed Mother’s home as needing substantial repairs and later described the home as un livable; Mother failed to attend a scheduled drug/alc. assessment and began incarceration for drug selling in 2015.
From late 2015 to 2016 Mother had minimal contact with the Children, failed to participate in random drug screens, and missed or canceled numerous visits; she was incarcerated from Aug 2015 to Mar 2016.
In October 2015 DHS filed petitions to involuntarily terminate Mother's parental rights; a June 2016 hearing found that termination was in the Children’s best interests and the bond with Mother was not essential to their welfare.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether termination under 2511(a)(1) was supported by clear and convincing evidence	DHS contends Mother failed to perform parental duties for six months prior to filing.	Mother argues she made progress toward reunification, including housing and treatment.	Yes; the court supported termination under 2511(a)(1).
Whether termination under 2511(b) was in the best interests considering the parent-child bond	DHS and the court should focus on the children’s needs and welfare, given the bond with foster parents and lack of irreparable harm from termination.	Mother asserts a meaningful bond exists and should be considered before terminating.	Yes; the court found termination in the children’s best interests and bond was not salvageable.

In re T.S.M., 71 A.3d 251 (Pa. 2013) (bond considerations and adoption goals guiding 2511(b) analysis)
In re L.M., 923 A.2d 505 (Pa. Super. 2007) (needs and welfare analysis; evidentiary burden on termination)
In re R.N.J., 985 A.2d 273 (Pa. Super. 2009) (clear and convincing standard for termination)
In re C.M.S., 884 A.2d 1284 (Pa. Super. 2005) (intangibles in needs and welfare analysis; bond relevance)
In re K.Z.S., 946 A.2d 753 (Pa. Super. 2008) (existing bond may be weak and termination permissible for welfare)
In re T.S.M., 71 A.3d 251 (Pa. 2013) (adoption-oriented considerations in 2511(b))