In the Interest of: Z.T.-D.N., a Minor
In the Interest of: Z.T.-D.N., a Minor No. 3108 EDA 2016
| Pa. Super. Ct. | Apr 19, 2017Background
- DHS sought involuntary termination of Mother’s parental rights to Z.T.-D.N. and Z.N.N. after years of noncompliance with SCP objectives.
- Mother had prior returns to care in 2011 and 2012, with housing instability and mental health concerns cited since before 2010.
- The SCP required housing, dual-diagnosis assessment, ARC services, PCE, and visitation; Mother failed to achieve housing and attended few services.
- Visitation was inconsistent; Children resisted or stopped visiting; JJPI therapy required consent that Mother refused.
- Court found Mother failed to remedy conditions and that termination would best serve the Children’s needs and welfare, with goal change to adoption.
- Trial court’s conclusions were that clear and convincing evidence supported termination under §2511(a)(1), (2), (8) and that §2511(b) favored the Children’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination was supported by clear and convincing evidence under §2511(a)(1),(2),(8) | Mother argues progress toward SCP goals negates termination. | DHS argues persistent housing, mental health, and noncompliance justify termination. | Yes; termination supported by §2511(a)(1),(2),(8) |
| Whether the court properly weighed the Childs’ needs under §2511(b) | Mother contends bond and welfare require more consideration. | DHS contends best interests favored adoption given lack of bond and needs. | Yes; best interests favored adoption; no reversible error in bond assessment. |
Key Cases Cited
- In re T.S.M., 71 A.3d 251 (Pa. 2013) (guidance on appellate deference and TPR analysis)
- In re L.M., 923 A.2d 505 (Pa. Super. 2007) (bond/needs welfare emphasis in §2511(b))
- In re R.N.J., 985 A.2d 273 (Pa. Super. 2009) (clear and convincing evidence standard in §2511(a))
- In re Adoption o(Atencio, 650 A.2d 1064 (Pa. 1994) (six-month conduct inquiry and relinquishment/neglect standard)
- In re B.NM., 856 A.2d 847 (Pa. Super. 2004) (six-month period not mechanical; holistic case history)
- In re Adoption o(KJ), 938 A.2d 1128 (Pa. Super. 2009) (bond/needs welfare and conditions existing after removal)
- In re KZ.S., 946 A.2d 753 (Pa. Super. 2008) (bond consideration and environmental factors not sole basis for termination)
- In re Bowm( n), 835 A.2d 387 (Pa. Super. 2003) (parens patriae framework for best interests)