In Re: Adopt. of: J.E.M.-M., a Minor

CourtSuperior Court of Pennsylvania
DecidedSeptember 29, 2025
Docket690 MDA 2025
StatusUnpublished

This text of In Re: Adopt. of: J.E.M.-M., a Minor (In Re: Adopt. of: J.E.M.-M., a Minor) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re: Adopt. of: J.E.M.-M., a Minor, (Pa. Ct. App. 2025).

Opinion

J-A24013-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN RE: ADOPTION OF: J.E.M.-M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: A.M., MOTHER : : : : : No. 690 MDA 2025

Appeal from the Decree Entered May 13, 2025 In the Court of Common Pleas of Franklin County Orphans' Court at No(s): 55-ADOPT-2024

BEFORE: DUBOW, J., KUNSELMAN, J., and BECK, J.

MEMORANDUM BY BECK, J.: FILED: SEPTEMBER 29, 2025

A.M. (“Mother”) appeals from the decree entered by the Franklin County

Court of Common Pleas (“orphans’ court”) terminating her parental rights to

J.E.M.-M. (“Child”), born March 2019, pursuant to 23 Pa.C.S. § 2511(a)(1),

(2), and (b). Because we conclude that the orphans’ court did not abuse its

discretion in terminating Mother’s parental rights, we affirm.

The record reflects that in May 2019, around the time Child was eight

weeks old, Franklin County Children and Youth Services (“CYS”) instituted a

dependency action seeking placement of Child after M.M. (“Father”), Child’s

father, and Mother were arrested, and CYS determined that Mother’s home J-A24013-25

was no longer safe for Child.1 At that time, CYS placed Child in the care of

R.M. and S.M. (“Petitioners”), and with the exception of March to September

2023, Child has lived exclusively with Petitioners. In September 2023,

Petitioners filed a complaint for custody of Child and on January 24, 2024, the

trial court granted Petitioners primary physical and legal custody of Child. The

custody order allowed Mother to have supervised visits with Child with the

consent of Petitioners. See Trial Court Order, 1/24/2024. The order

permitted supervision of the visits by Petitioners, an agreed to third party, or

ABC House—an organization located in Chambersburg, Pennsylvania that

provides parenting support and education services, including assisting with

supervised visitation. See id. On October 31, 2024, Petitioners filed a petition

to involuntarily terminate Mother’s and Father’s parental rights to Child and a

report of intention to adopt Child.2

____________________________________________

1 We do not know the details regarding the arrests or the underlying dependency action, as neither the dependency record nor the dependency docket was made part of the record in this case.

2 Petitioners had standing to file the petition to involuntarily terminate Mother’s and Father’s parental rights under section 2512(a)(3) of the Adoption Act. See 23 Pa.C.S. § 2512(a)(3) (“A petition to terminate parental rights with respect to a child under the age of 18 years may be filed by … [t]he individual having custody or standing in loco parentis to the child and who has filed a report of intention to adopt required by section 2531.”).

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The orphans’ court held a hearing on the petition on February 18, 2025,3

and summarized the testimony related to Mother, which our review of the

record confirms, as follows:

[Child] began living with [Petitioners] approximately eight weeks after his birth as part of a dependency action in Franklin County. He lived with them until [CYS] gave [Child] back to [Mother] in March [2023. Petitioners] went through all the training and background checks to qualify as kinship care providers even though they are not related to [Mother, Father or, Child]. In March 2023, [Mother] was awarded primary custody of [Child], and [Petitioners] were granted weekend periods of partial physical custody. By August [2023], Mother moved from Franklin County to York County and asked [Petitioners] to accept primary custody of the minor child as she tried to address a housing problem. After some back and forth, [Child] ended up [returning to Petitioners] on September 10, 2023, and [has] been with them ever since. [Child] was given to [Petitioners] with a backpack, a toy[,] and the clothes he was wearing.

[As stated above, Petitioners] initiated a custody action in late 2023, and after a hearing held in January 2024, they were granted primary physical and legal custody of the minor child.

[Child] has been diagnosed with ADHD, and he sees a therapist for anxiety and participates in music therapy.

[Child] has a routine in [Petitioners’] household performing many activities, including feeding the dog, taking out the trash, clearing his dishes and putting away his laundry after it is done. He is home-schooled.

Unfortunately, when he attended school with other children, his anxiety would lead to aggressive behaviors and specifically biting children.

3 Child had legal counsel throughout the termination proceedings. Child’s counsel indicated on the record at the termination hearing that she understood she was solely representing his legal interests. See N.T., 2/18/2025, at 57.

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[Petitioners] support the child financially[,] providing all his food, housing, clothing[,] and anything else he needs.

During the time [Petitioners] and Mother were exchanging [Child], Mother moved at least six times. She was at times homeless and living with various men.

For the six months preceding the filing of the petition to terminate parental rights, Mother provided Petitioners with a single child support payment in July 2024, but did not provide any other financial support for [Child], and [did not] send him any cards or letters, nor [did she provide any] parental supervision or emotional support to [Child].

In the six months preceding filing the petition, [Petitioners did not] move from their residence, and maintained the same phone number and TikTok account. Mother made no effort to contact [Child] through [Petitioners].

Petitioners have concerns for [Child]’s safety as Mother had great trouble caring for herself.

Petitioners intend to adopt [Child], if the parental rights of Mother … are terminated by the [orphans’ court].

Even though there was a custody order affording Mother three options to exercise supervised custody with [Child], she did not use any method in the six months before the filing of the petition[.] S.M. and Mother had a difficult relationship, such that [she] cut off communication with Mother, but did not interfere with Mother’s ability to contact [Child] through her husband. Mother had financial limitations, and although [Petitioners did not] give Mother any financial help, they did drive [Child] to meet the Mother on several occasions during the custody case, but not during the six months before the filing of the petition. Mother never asked them to provide her financial support.

[Mother] testified to the following: She is living in a Red Roof Inn Hotel in York, Pennsylvania.

Mother testified as to her desire to serve as mother to [Child], despite living in a hotel, having no funds beside food stamps and having no employment. She could not provide any

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concrete plans as to how she would meet all his therapeutic needs aside from vague references to using public transportation. …

Orphans’ Court Opinion, 6/20/2025, at 7-9 (unnecessary capitalization and

record citations omitted).

On May 13, 2025, following an adoption home study, the orphans’ court

issued a decree involuntarily terminating the parental rights of Mother and

Father. Mother timely appealed to this Court.4 Both Mother and the orphans’

court complied with Pennsylvania Rule of Appellate Procedure 1925. Mother

presents the following issues for review:

1) Did the [orphans’ court] err by determining that grounds for the termination of the parental rights of Mother were proven pursuant to 23 Pa.C.S. [§] 2511(a) (1); 23 Pa.C.S. [§] 2511(a)(2)?

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Cite This Page — Counsel Stack

Bluebook (online)
In Re: Adopt. of: J.E.M.-M., a Minor, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adopt-of-jem-m-a-minor-pasuperct-2025.