c99,6a6s3so.ss
700
IN THE IN THE COURT COURT OF
OF COMMON
COMMON PLEAS OF LANCASTER PLEAS OF COUNTY, LANCASTER COUNTY, PENNSYLVANIA PENNSYLVANIA
ORPHANS' ORPHANS' COURT
COURT DIVISION
DIVISION
IN RE: IN RE:
h. H / : .jo P p< No. 00950 0f No. 00950 of 2024
2024
; ' INVOLUNTARY TERMINATION INVOLUNTARY TERMINATION
IN RE: IN RE:
L. L. G1 GI No. 00951 0f No, 00951 of 2024
2024
INVOLUNTARY TERMINATION INVOLUNTARY TERMINATION
OPINION SUR OPINION SUR APPEAL
APPEAL
This opinion This opinion is is written
written in response to
in response to two appeals from two appeals from this
this
court's respective court's Decrees which respective Decrees involuntarily terminated which involuntarily terminated the the
parental rights parental of FF rights of W. _ P< i as birth father as birth father
(hereinafter, "Father") (hereinafter, gather") to his daughters to his daughters H; J J P;
P • .i (date
(date,
of birth: of birth: August August ,, , 2013;
2013; hereinafter,
hereinafter, "HJP")
Hp) and LL and - GG
P. (date of (date of birth:
birth: September
September 2019; hereinafter, 2019; "LGP") .
hereinafter, "LGP").
The two The children are two children are referred referred to collectively in to collectively in this
this opinion as
opinion as
the "Children". the "Children".
PROCEDURAL HISTORY PROCEDURAL OF TERMINATION HISTORY OF TERMINATION OE OF PARENTAL RIGHTS CASE
PARENTAL RIGHTS CASE
Petitioners C Petitioners C< . K. : (hereinafter, (hereinafter, "Mother") and "Mother") and
K< R< R y' K:
K! rr (hereinafter, (hereinafter, "Stepfather")
"Stepfather") filed
filed aa Petition
Petition
for Adoption for Adoption and Termination of and Termination of Parental Parental Rights on April
Rights on April 19,
19,
2024 1, by 2024, by their counsel, Anne their counsel, M. Gibson, Anne M. Gibson, Esquire,
Esquire, for
for HJP and
HJ? and
LGP. 1GP. The Respondent, The Respondent, F, F W:
W P .,, Ill (hereinafter, III (hereinafter,
"Father") was served Father") was served by by the Forest County
the Forest County Sheriff's Sheriff's Office
Office with
with
·a2 -
Petitioners Petitioners filed an Amended filed an Amended Petition For Adoption Petition For and Termination Adoption and Termination
of Parental of Parental Rights on August Rights on August 8,
8, 2024.
2024.
the two the two Petitions Petitions for for Adoption and Termination Adoption and Termination of of Parental Rights
Parental Rights
on June on June 24, 24, 2024.
2024. By Order dated By Order dated May
May 16, 2024, H.
16, 2024, Allison
H. Allison
Wright, Esquire, Wright, was appointed Esquire, was appointed to to represent
represent Father in both
Father in both
matters. matters, By Orders dated By Orders dated September 5, 2024, September 5, 2024, Jeffrey Jeffrey S.
S. Shank,
Shank,
Esquire, was Esquire, was appointed appointed as
as legal
legal interest
interest attorney
attorney for
for the
the
Children Children..
The court The court held hearings on held hearings on the
the termination of parental termination of parental
rights petitions rights on October petitions on October 31, 2024 2, and 31, 2024, and on
on February
February 6, 2025.
6, 2025,
The The Decrees terminating Father'
Decrees terminating Father'ss parental parental rights to the
rights to Children
the Children
were docketed were docketed on on February
February 18, 2025.
18, 2025. Father Father timely
timely filed
filed aa Notice
Notice
of Appeal of Appeal for each Child for each Child on
on March
March 5, 2024, together
5, 2024, together with his with his
Statement of Errors Statement of Complained Of Errors Complained Of On
On Appeal.
Appeal. The court The court issued
issued
orders dated orders dated March March 6,
6, 2025,
2025, directing
directing counsel
counsel to
to address Father's
address Father's
Statement of Statement of Errors Errors Complained
Complained Of
Of On
On Appeal
Appeal for each Child
for each Child by
by
March 20, March 20, 2025.
2025. Counsel complied Counsel complied and
and timely
timely filed separate
filed separate
Answers Answers for each Child.
for each Child.
FINDINGS OF FACT FINDINGS OF FACT
1. 1. LGP LGP was born September
was born September ,, 2009.
2009. (N.T.
(N.T. 02/06/2025 at
02/06/2025 at
page page 4)
4)
2. 2. HJP was HJP was born
born August
ugust .,, 2013.
2013. (N.T. 02/06/2025 at (N.T. 02/06/2025 at page
page
15) 15
Father Father initially indicated aa willingness initially indicated willingness to to sign
sign aa Confirmation
Confirmation of
of
Consent to Consent to voluntarily terminate his voluntarily terminate parental rights his parental rights to the Children;
to the Children; however, however,
he ultimately he did not ultimately did do so.
not do so.
3
3. 3. Mother and Stepfather Mother and Stepfather have have been
been together
together for
for
approximately nine approximately nine years.
years. They were
They were married on August married on August 24,
24, 2019,
2019.
(N.T. 02/06/2025 (N.T. 02/06/2025 at at page 27)
page 27)
4 4.. Mother and Mother and Father
Father were not married
were not and ended married and ended their
their
relationship relationship in 2014.
in 2014. (N.T. 02/06/2025 (N.T. 02/06/2025 at
at page
page 27)
27)
55. Stepfather has Stepfather has provided
provided the Children with the Children with their
their basic
basic
needs and needs and emotional emotional support and helps support and helps Mother
Mother to
to take care of
take care of the
the
Children's daily Children's daily needs.
needs. (N.T. 02/06/2025 (N.T. 02/06/2025 at
at pages 69-70)
pages 69-70)
6. 6. Stepfather Stepfather wishes
wishes to
to adopt both Children.
adopt both Children. (N.T.
(N.T.
02/06/2025 at 02/06/2025 page 70)
at page 70) (
7. 7. Prior to Prior to ending
ending of
of the
the relationship
relationship between
between Mother and
Mother and
Father in Father in 201.4, 2014, Father was addicted Father was addicted to heroin.
to heroin, (N.T. 02/06/2025 (N.T. 02/06/2025
at page at page 31 and at 31 and at page 97)
page 97)
88. In 2015 and In 2015 and 2016, Father had 2016, Father had only
only aa few
few weekends of
weekends of
physical custody with physical custody the Children.
with the Children. Father Father testified
testified that after
that after
his his relationship relationship with Mother ended, with Mother ended, he
he only
only had
had two
two weekends of
weekends of
physical custody physical custody with the Children.
with the Children. (N.T. 02/06/2025 (N.T. 02/06/2025 at
at page 33
page 33
and at and at page 86)
page 86)
9. 9. Mother and Mother and Stepfather credibly testified Stepfather credibly testified that the last that the last
in-person contact in-person contact Father Father had
had with the Children
with the Children occurred occurred on
on
Father's Day Father's of 2017.
Day of 2017. (N.T. 02/06/2025 (N.T. 02/06/2025 at
at page
page 33 and page
33 and page 68)
68)
10. 10. Father has Father has had
had no in-person contact
no in-person contact or
or telephone
telephone
contact with contact with the Children since the Children Father's Day since Father's Day 2017.
2017. (N.T.
(N.T.
02/06/2025 at 02/06/2025 at page page 7, at page
7, at 34)
page 34)
4
11. l. Mother retains Mother retains the
the same
same mobile
mobile telephone
telephone number
number that
that
she has she has had had since since before her relationship before her with Father relationship with Father began.
began,
(N.T. 02/06/2025 (N.T. 02/06/2025 at at page
page 35)
35)
12. 12. Father has Father called Mother
has called on her
Mother on her telephone
telephone and
and he knows
he knows
how to how to reach reach Mother by (telephone.
Mother by telephone. (N.T.
(N.T. 02/6/2025 at page
02/6/2025 at page 79)
79)
13. 13. Prior to Prior to the
the ^dissolution of their dissolution of their relationship in 2014, relationship in 2014,
Mother and Mother and Father lived together Father lived at Mother's together at Mother's parents' home.
parents' home. (N.T.
(N.T.
02/06/2025 at 02/06/2025 at page 46)
page 46)
14. 14. Father has Father has never contacted Mother's never contacted parents, either Mother's parents, either in in
person or via person or via telephone , nor telephone,1 nor has
has he ever sent
he ever cards, letters, sent cards, or
letters, 0r
presents to presents to Mother's parents for Mother's parents delivery to for delivery the Children.
to the Children. (N.T.
(N,T,
02/6/2025 at 02/6/2025 at page page 46)
46)
15. 15. Father has Father never sent
has never sent the
the Children
Children any
any letters or
letters or
gifts. gifts. (N.T. 02/06/2025 (N.T. at page
02/06/2025 at page 89
89)
16. 16. Father Father has
has performed
performed no parental duties no parental duties for
for the
the
Children since Children since 2018.
2018. (N.T. 02/06/2025 (N.T. 02/06/2025 at
at page 104)
page 104)
17. 17. Between 2017 Between 2017 and
and 2022,
2022, Father was homeless Father was for
homeless for
approximately two approximately two years .
years.1 (N.T. 02/06/2025 (N.T. 02/06/2025 at
at page
page 101)
101)
18. 18. In 2020, In 2020, Mother served Father Mother served Father with with aa complaint
complaint in
in
custody regarding custody the Cildren regarding the Children by by publication, as Mother publication, as did not Mother did not
know know Father's whereabouts.
Father's whereabouts, (N.T. 02/06/2025 (N.T. at page
02/06/2025 at page 65)
65)
19. 19. A custody conciliation A custody conciliation conference conference was held on
was held on May
May 12,
12,
2020. 2020. Father did Father not a:tend.
did not attend. (N.T. 02/6/2025 (N.T. 02/6/2025 at
at page
page 37
37 and
and
page 65; Petitioners' page 65; Petitioners' Exhibit Exhibit 1)
1)
5
20. 20. The resulting he resulting custody
custody order
order dated
dated May
May 13,
13, 2020,
2020, granted
granted
Mother sole Mother sole legal and physical legal and physical custody custody of
of the
the Children.
Children. (N.T.
(N. T.
02/06/2025 at 02/06/2025 at page page 37; Petitioners' Exhibit 37; Petitioners' Exhibit 1)
1)
21. 21. Pea: the custody Per the custody order,
order, Father
Father was not permitted
was not permitted to
to have
have
any contact any contact with with the Children until
the Crildren until he
he filed an affidavit
filed an affidavit of
of
criminal history criminal history and and petitioned the court
petitioned the court for contact .
for contact. (N.T.
(N.T,
02/06/2025 at 02/06/2025 at page page 37; Petitioner's Exhibit 37; Petitioner's Exhibit 1)
1)
22. 22. Father never Father never filed an affidavit filed an affidavit of
of criminal
criminal history
history nor
nor
did he file did he file aa petition petition for
for modification
modification of
or the custody order.
the custody order.
(N.T. 02/06/2025 (N,T. 02/06/2025 at at pace
pace 105)
105)
23. 23. Father is Father presently incarcerated is presently in state incarcerated in prison for state prison for
Drug Delivery Drug Delivery Resulting in Death, Resulting in Death, aa felony of the felony of the first
first degree.
degree.
(N.T. 02/06/2025 (N.T. 02/06/2025 at at page 87; Petitioners'
page 87; Exhibit 2)
Petitioners' Exhibit 2)
24. 24. Father plead guilty Father plead guilty to
to the
the charge
charge in December of
in December of 2022
2022
and is and is serving serving aa minimum of five minimum of five to
to ten
ten years incarceration in years incarceration in
state prison. state prison. (N.T. 02/6/2025 (N.T. 02/6/2025 at page 95;
at page 95; Petitioners'
Petitioners' Exhibit 2)
Exhibit 2)
25. 25. The earliest The earliest date
date Father
Father could
could be paroled from
be paroled from state
state
prison is April prison is 4, 2027.
April 4, 2027. (N.T. 02/06/2025 (N.T. 02/06/2025 at
at page
page 89
89 and
and at
at page
page
111) 111)
26. 26. After After he was incarcerated, he was incarcerated, Father called Mother Father called to
Mother to
arrange contact arrange contact with with ti^e Children, but
the Children, but Father Father ultimately decided ultimately decided
to wait to until he wait until he is released fror is released from prison
prison to
to have such contact.
have such contact.
(N.T. 02/06/2025 (N.T. 02/06/2025 at at page
page 40)
40)
6
27. 27. During his During his incarceration, Father has incarceration, Father has called called and
and spoken
spoken
with Mother with Mother approximately approximately five times.
five times. The last
The of these
last of these
telephone calls occurred telephone calls occurred on on December
December 23,
23, 2022.
2022. (N.T.
(NT. 02/06/2025
02/06/2025
at page at page 42)
42)
28. 28. Father Father has had no
has had in person
no in person contact
contact with
with the Children
the Children
since 2017, nor since 2017, has he nor has he Lpoken with them, spoken with them, nor
nor has
has he sent them
he sent them any
any
letters, cards, or letters, cards, or gifts.
gifts. (N.T. 02/06/2025 (N.T. 02/06/2025 at
at page
page 45)
45)
29. 29. Father never Father never discussed
discussed sending
sending cards or gifts
cards or gifts to
to the
the
Children with Children with Mother, Mother, nor
nor did
did he
he ever ask for
ever ask for her new address.
her new address.
(N.T. 02/06/2025 (N.T. 02/06/2025 at at page 108)
page 108)
30. 30. Mother obtained aa domestic Mother obtained domestic relations child support relations child support
order against Father. order against Father. ^Father Father made
made only sporadic child
only sporadic child support support
payments pursuant payments pursuant to to the order and
the order and has paid nothing has paid since 2017, nothing since 2017.
I
Father owes over Father owes over tens of thousands tens of of dollars thousands of dollars in child support in child support to
to
Mother. Mother. (N.T. 02/06/2025 (N,T. 02/06/2025 at
at pages
pages 47-50)
47-50)
31. 31. Father agrees Father agrees that
that the Children's adoption the Children's adoption by by
Stepfather Stepfather is in their is in their best interest, he best interest, he was
was unable to bring
unable to bring
himself to voluntarily himself to voluntarily [relinquish his parental relinquish his parental rights.
rights. (N.T.
(N.T.
02/06/2025 at 02/06/2025 at pages 112-114)
pages 112-114)
32. 32. Father agreed Father agreed to consent to to consent to the adoptions as the adoptions as aa ruse.
ruse.
Father' s deception Father's deception was was calculated
calculated to
to prolong the legal
prolong the process legal process
and delay and delay the Children's adoption.
the Children's adoption. (N.T.
(N.T. 02/06/2025
02/06/2025 at page 112)
at page 112)
33 . 33. Father incorrectly believed Father incorrectly believed that that LGP was fourteen
LGP was fourteen years
years
old instead old of her instead of correct age her correct age of
of fifteen.
fifteen. (N.T. 02/06/2025 (N.T. 02/06/2025 at
at
page page 111 ).
111).
34. 34. LGP views LGP views Stepfather as her Stepfather as father and her father and acknowledges acknowledges
that Stepfather that Stepfather performs performs parental duties.
parental duties, (N.T. 02/06/2025 (N.T. 02/06/2025 at
at
pages 8-9) pages 8-9)
35. 35. HJP refers HJ? refers to Stepfather as to Stepfather as her
her father.
father. HJP wishes to HJP wishes to
be adopted be adopted by Stepfather.
by Stepfathe. (N.T.
(N.T. 02/06/2025 at
02/06/2025 at pages
pages 13-14 and at
13-14 and at
page 19) Page 19)
CONCLUSIONS OF CONCLUSIONS LAW
OF LAW
1. l. The Petitioners The Petitioners proved
proved by clear and
by clear and convincing
convincing evidence
evidence
that: that
(a) (a) Father, by
Father, conduct continuing by conduct continuing for for more
more than
than aa
period of period of six six months
months preceding
preceding the
the filing
filing of the petition,
of the petition, either
either
has evidenced has evidenced aa settled settled purpose of relinquishing purpose of relinquishing parental claim parental claim
to the to Child or the Child or has has refused or failed
refused or failed to
to perform
perform parental duties.
parental duties.
[23 Pa.C.S.A. [23 Pa. C. S.A. S§ 2511 2511 (a)(1)]
(a)(1)1
I
(b) (b) Because of
Because of Father's
Father's repeated and continued repeated and continued
incapacity, abuse, incapacity, abuse, neglect neglect
i and
and refusal
refusal of
of Father,
Father, Father
Father has
has
caused the caused children to the children to be without essential be without essential parental care, parental care,
control or control or subsistence subsistence necessary
necessary for
for the children's physical the children's physical or or
mental well-being mental and the well-being and the conditions conditions and
and causes
causes of
of the
the
incapacity, abuse, neglect incapacity, abuse, or refusal neglect or cannot or refusal cannot or will
will not be
not be
remedied by remedied by Father.
Father. [23 Pa.C.S.A.
(23 Pa. C. S.A. §$ 2511
2511 (a) (2)]
(a)(2)
2. 2. The Petitioners The proved by Petitioners proved by clear clear and
and convincing evidence
convincing evidence
that that termination of Father'
termination of Father'ss parental parental rights
rights will
will best serve the
best serve the
developmental, physical, developmental, and emotional physical, and emotional needs and welfare needs and welfare of
of the
the
Child because Child because the Child' is the Child in need
is in need of
of aa nurturing,
nurturing, loving
loving and
and aa
stable home environment, stable home environment 1 , which
which Father
Father has failed to
has failed to provide, and provide, and
the severance the severance of of the bond between
the bond between the Child and the Child and Father will have Father will have
little little impact upon the impact upon the Child.
Child. [23 Pa.
(23 C. S.A. $§ 2511
Pa.C.S.A. 2511 (b)
(b)]]
DISCUSSION DISCUSSION
In In termination of parental termination of rights cases, parental rights cases, the burden is the burden upon
is upon
the petitioner the petitioner to to prove| by clear
prove by clear and
and convincing evidence that convincing evidence that the the
asserted grounds for asserted grounds seeking the for seeking the termination termination of
of parental
parental rights
rights
are valid. are valid. In re In S.H. f 812
re S.H., A. 2d 802,
819 A.24 802, 806
806 (Pa.Super.
(Pa. Super. 2005)
2005)
The standard The standard of clear and f clear and convincing
convincing evidence
evidence is
is
defined as defined as testimony testimony that
that is
is so
so "clear,
"clear, direct,
direct, weighty
weighty
and convincing and convincing as as toto enable
enable the
the trier
trier of
of fact to come
fact to come
to aa clear to clear conviction, conviction, without
without hesitance,
hesitance, of
of the
the truth
truth
of the of the precise precise facts
facts inin issue."
issue," InIn re J.L.C. %& .R.C.
re .L.C.
837 A. 837 2d 1247, A.2d 1251 (Pa.Super.
1247, 1251 (Pa. Super. 2003)
2003)
l
In matters In matters involving involving involuntary
involuntary termination
termination ofof parental parental
rights, rights, the appellate standard the appellate of review standard of is as
review is as follows
follows:
The standard The standard of
of review
review in
in termination
termination ofof parental parental
rights cases requires rights cases appellate courts requires appellate courts "to "to accept the
accept the
findings of findings of fact fact and
and credibility
credibility determinations determinations of of the
the
trial court trial court if if they are supported
they are supported byby the the record."
record," In In re
re
Adoption of Adoption of S.P., S.P., (616
[616 Pa. 309, 325,
Pa. 309, 325, 47
47 A.3d
A. 3d 817,
817, 826
826
(2012)]. (2012)1. "If If the factual findings
the factual findings are are supported,
supported,
appellate courts appellate courts review review to
to determine
determine if
if the
the trial court
trial court
made an made an error error of
of law
law or
or abused
abused its discretion." Id its discretion." Id.
"[A]
[A] decision decision may
may be
be reversed
reversed for
for an abuse of
an abuse of
-8- S-
9
discretion only discretion only upon demonstration of upon demonstration of manifest manifest
unreasonableness, Ipartiality, unreasonableness, partiality, prejudice, prejudice, bias, or illbias , or illwill
." Id. will. The trial fad. The court's decision, trial court's decision, however, however, should
should
not be not be reversed reversed merely
merely because
because the
the record would support record would support
aa different different result.
result. Id.Id. At [325-26, 47 At [325-26, 47 A.3d
A. 3d at]
at] 827.
827.
We have previously We have previously emphasized emphasized our deference to our deference to trial trial
courts that courts often have that often have first-hand first-hand observations
observations of of the
the
parties spanning parties spanning multiple multiple hearings
hearings. See in
See re R..T.,
in re R.J.T.,
[608 Pa. (608 Pa. 9,9, 26-27, 26-27, 99 A.3d
A. 3d 1179,
1179, 1190 (2010)].
1190 (2010)1.
In re T.$.M., In re T.S.M., 620 620 Pa, Pa. 602,
602, 628,
628, 71
71 A. 3d 251,
A.3d 267
251, 267
(2013) . (2013). "The trial "The court is
trial court is free
free to
to believe all, part,
believe all, part,
or none or none of the evidence of the evidence presented presented and
and is likewise free
is likewise free
to to make make all all credibility determinations and credibility determinations and resolve resolve
conflicts in conflicts in the eyidence." In the evidence." In re re M.G.
M.G. && J.G.,
J.G., 855
855 A. 2d
A.2d
68, 73-74 68, 73-74 (Pa.Super.
(Pa. Super. 2004) (citation omitted).
2004) (citation omitted). "[I]f "[I]f
competent evidence competent evidence1 supports supports thethe trial court's findings, trial court's findings, we will we will affirm affirm even
even ifif the record could the record could also
also support
support
the the opposite result." In opposite result." re Adoption In re Adoption of
f T.B.B.,
T.BB., 835835
A. 2d 387, A.2d 387, 394 (Pa. Super. 2003)(citation 394 (Pa.Super. 2003) (citation omitted).
omitted).
The termination The termination of of parental
parental rights
rights is
is governed
governed by
by Section
Section
2511 of the 2511 of the Adoption Adoption Act, 23 Pa.
Act, 23 Pa. C.S.A. §§ 2101-2938, CS.A, $$ 2101-2938, and
and
requires requires aa bifurcated bifurcated analysis
analysis of
of the
the grounds
grounds for termination
tor termination
followed by followed by the the needs
needs a'nd welfare of
and welfare of the child.
the child.
Our case Our case law Ihas made law has clear that made clear that under Section under Section
2511, the court must engage 2511, the court must engage in a bifurcated process in a bifurcated process prior to terminating prior to parental rights.
terminating parental rights. Initially, Initially, thethe
focus focus is on the is on the conduct
conduct of of the
the parent.
parent. TheThe party
party
seeking termination seeking termination mustmust prove prove byby clear and convincing clear and convincing
evidence that evidence that the the 'parent's conduct satisfies parent's conduct satisfies thethe statutory grounds statutory grounds for termination delineated for termination delineated in Section in Section
2511(a) . Only 2511(a). Only if if the court determines the court determines that that the
the
parent's conduct warrants parent's conduct termination of warrants termination of his or her his or her
parental rights does parental rights dees the the court
court engage
engage in
in the
the second
second
part of part of the analysis pursuant the analysis pursuant to to Section Section 2511(b):
25110b):
determination of determination of the the needs and welfare
needs and welfare under under the
the
standard of best interests of the child. standard of best interests of the child. One major One major
aspect of aspect of the need's and the needs and welfare analysis concerns welfare analysis concerns the the
nature and nature and status status |of the emotional of the emotional bond between parent bond between parent
and child, and child, with close attention with close attention paidpaid to the effect to the effect on on
the child of the child of permanently severing any permanently severing such bond.
any such bond. In
In rere
_
L.M., 923 A. L.M., 923 2d 505, A.2d 5051, 511
511 (Pa.super.
(Pa. Super. 2007) (citations 2007) (citations
omitted) . omitted), |
10
1 .{ a). 1.(a). Termination Termination pursuant to 23 Pa. C.S.A. § 2511(a)
pursuant to_23a2..8.A.5 (1)
25111a.1ll
There are There are two approaches to two approaches to aa finding of grounds finding of grounds for
for
termination of parental termination of parental rights rights under
under this
this subsection of the
subsection of the
statute. statute. Both require Both require the court to the court to examine
examine the
the period of at
period of at
least six least months prior six months prior to to the
the filing of the
filing of the petition.
petition. If, during If, during
that period that of time, period of time, aa parent parent exhibits
exhibits (1)
(l) aa settled purpose or settled purpose or
intent to intent to relinquish relinquish aa parental
parental claim
claim OR
OR (2)
(2) aa failure
failure to
to perform
perform
parental duties, parental duties, the court may the ccurt may then conclude that then conclude grounds to that grounds to
terminate exist. terminate exist. '
In this In case, the this case, subject amended the subject amended petitions petitions were filed on
were filed on
August 8, 2024. August 8, 2024. Six months Six prior to
months prior to that
that date would be
date would be February
February
8, 2024. 8, 2024. Mother, Stepfather, Mother, Stepfather, and
and LGP
LGP testified
testified that
that the last
the last
time time Father Father saw saw the Children was
the Children was Father's Father's Day
Day of 2017, but
of 2017, but even
even
if Father's if Father's testimony testimony is
is accurate
accurate that
that the
the last
last date Father had
date Father had
contact with contact with the children was the children was in 2018 3, Father in 2018', Father plainly has had plainly has had no
no
relationship with the relationship with the Children Children and
and has
has performed no parental performed no parental
I
duties for duties for not not less
less than
than six
six years.
years. In this
In this time
time period,
period, Father
Father
did not did not speak speak with with the Children, nor
the Children, did he
nor did he send
send them any letters
them any letters
or gifts. or gifts. Father did Father did pot
rot financially
financially support the Children support the Children to
to any
any
meaningful extent meaningful extent either.
either. As of the
As of the time
time this opinion is
this opinion is being
being
written, Father written, Father is is aa stranger
stranger to
to the Children.
the Children.
Father Father testified
testified to his belief
belief that he last
last had contact with
with the
' 3 Children in children in the summer f the summer
to his
of 2018.
2018.
that he
(N.T. 02/06/2025 (N.T. 02/06/2025 at
had contact
at page
page 78)
78)
the
11
Our appellate Our appellate courts have instructed courts have irstructed trial court's to trial court's to
refrain from refrain from aa mechanical application of mechanical application of the six-month period the six-month period
preceding the preceding the filing filing of
of the
the petition
petition for
for termination of parental termination of parental
rights, but rights, but rather to consider rather to consider the entire history the entire history of
of the
the case.
case.
In In following following this this precept,
precept, it
it is evident that
is evident that Father has not Father has not
performed any parental performed any parental duties as the duties as the Superior
Superior Court
Court has defined
has defined
them for them for aa period extending back period extending back well well beyond the six-months beyond the time six-months time
period period,.
As AS the the Superior Court has Superior Court explained:
has explained; "There phere is no simple
is no or
simple or
easy definition easy definition of of parental duties.
parental duties. Parental duty Parental is best
duty is best
understood in understood relation to in relation to the needs of the needs of aa child.
child. A child needs A child needs
love, love, protection, guidance, and protection, guidance, and support.
support. These needs, These needs, physical
physical
and emotional, and emotional, cannot cannot be
be met
met by
by aa merely
merely passive interest in passive interest in the
the
development of development of aa child, child. Thus,
Thus, this court has
this court has held
held that the
that the
parental obligation parental obligation is is aa positive
positive duty,
duty, which
which requires
requires
affirmative performance affirmative ... Because aa child performance...Because child needs more than needs more than aa
I
benefactor, parental benefactor, parental duty requires that duty requires that aa parent exert himself parent exert himself to
to
take and take and maintain maintain aa place place of
of importance
importance in
in the child's life."
the child's life, In In
re re B.
B.,, N.M.
N.M.,, 856 856 A. 2d 847,
A.2d 847, 855
855 (Pa.Super,
(Pa. Super. 2004)
2004)
In the In present case, the present case, Father did not Father did exert himself not exert himself to
to take
tae
and maintain and maintain aa place of importance place of importance in
in the Children's lives.
the Children's lives.
Father failed Father failed to to demonstrate
demonstrate anything
anything approaching reasonable approaching reasonable
firmness in firmness in attempting attempting to maintain contact to maintain contact with
with the Children.
the Children. By
By
12
his own hand, his own hand, once once his
his relationship
relationship with Mother ended, with Mother ended, so
so too did
too did
his his relationship with the relationship with tne Children.
Children.
In summary, In summary, grounds grounds for
for the
the termination of Father's termination of Father' s parental parental
rights under rights under §$ 2511 2511 (a)(1)
(a) (1) have
have been
been proven
proven by clear and
by clear and
convincing evidence. convincing evidence.
1. ( b) . 1,(b). Termination Termination pursuant
pursuant to 23 Pa. C.S.A.
to23Pa. § 2511(a) (2 C.8.A, $2511\a) (2)
Parental rights Parental rights may be terminated may be terminated under Section 2511(a)
under Section (2)
2511(a) (2)
I
if three conditions if three conditions are are met:
met; "(1)
(1) repeated
repeated and continued
and continued
incapacity, abuse, neglect Incapacity, abuse, neglect or or refusal
refusal must be shown;
must be shown; (2)
(2) such
such
incapacity, abuse, neglect incapacity, abuse, or refusal neglect or refusal must be shown must be to hav
shown to have
caused the caused child to the child to be be without essential parental without essential care, control parental care, control
or subsistence, or subsistence; and and ()
(3) it
it must
must be
be shown
shown that the causes
that the causes of
of the
the
incapacity, abuse, incapacity, abuse, neglect neglect or refusal cannot or refusal cannot or will not or will not be
be
remedied." In remedied," In re re Geiger,
Geiger, 459
459 Pa.
Pa. 636,
536, 331
331 A. 2d 172,
A.2d 172, 174 (1975)
174 (1975
I
"Unlike subsection "Unlike subsection (a)(1), (a) (1), subsection
subsection (a)(2)
(a) (2) does
does not
not
i
emphasize emphasize aa parent's parent's refusal
refusal oror failure
failure to
to perform parental
perform parental
duties, but duties, but instead instead emphasizes
emphasizes the
the child's
child's present and future present and future
need for need for "essential "essential parental care, control parental care, control or or subsistence
subsistence
necessary for necessary his physical for his physJcal or
or mental
mental well-being."
well-being." In re In re E.A.P.,
E.A.P.,
944 A. 944 2d 79, A.2d 79, 83 83 (Pa.Super,
(Pa. Super. 2008),
2008), citing
citing Tn
In re
re R.I., 468 Pa.
R.I., 468 Pa. 287,
287,
361 A.2d 361 A. 2d 294 294 (1975).
(1975). The grounds
The grounds for
for termination
termination under
under this
this
subsection "are subsection "are not not limited
limited to affirmative misconduct;
to affirmative those misconduct; those
grounds may grounds may include include acts
acts of
of incapacity
incapacity to
to perform parental
perform parental
13
duties." Id. duties." Id. at 83, citing at 83, citing In
In re
re A.L.D.,
A.1.D., 797 A.
797 2d 326,
A.2d 337
326, 337
I
(Pa. Super. 2002). Pa.Super. 2002).
Incarceration "while Incarceration "while not not aa litmus
litmus test
test for
for termination, can
termination, can
be determinative be determinative of of the question of
the question whether aa parent of whether is incapable parent is incapable
of providing of providing 'essential parental care, 'essential parental care, control or subsistence'
control or subsistence'
and the and the length of the length of the remaining confinement can remaining confinement can be be considered
considered as
as
i
highly relevant to highly relevant whether 'the to whether conditions and 'the conditions causes of and causes of the
the
I
incapacity, abuse, neglect incapacity, abuse, or refusal neglect or refusal cannot or will cannot or not be
will not be
remedied by the remedied by the parent, parent,'' sufficient
sufficient to
to provide grounds for
provide grounds for
termination pursuant to termination pursuant to 23 23 Pa.
Pa. C.S.A.
C.S.A. §$ 2511(a) (2) ." In 251l(a)02)." In re
re
Adoption of Adoption of S.P., S.P., 47 A.Ld
47 830 (Pa.
A.3d 830 (Pa. 2012).
2012).
Father abandoned Father abandoned the the Children
Children from
from Father's
Father's Day
Day 2017
2017 to
to
present. present. He has He has not provided any
not provided any parental care to parental care to the Children.
the Children.
Father Father testified that he testified that was actively he was actively addicted
addicted to
to drugs and that
drugs and that
he did not he did not wish wish for
for the: Children to
the Children see him.
to see him. Father did Father did not
not
maintain any contact maintain any contact with with the Children from
the Children 2017 until from 2017 present.
until present,
Father's abdication Father's abdication from from the Children's lives the Children's lives meant that the meant that the
Children were Children were entirely entirely ^reliant upon Mother reliant upon Mother and Stepfather for and Stepfather for
every manner every manner of of essential
essential parental
parental care.
care, Ultimately, Father was Ultimately, Father was
incarcerated for felony incarcerated for felony Drug Drug Delivery
Delivery Resulting in Death, Resulting in Death. The The
earliest possible earliest possible date date upon
upon which Father could
which Father could be released is be released is
April 4, April 4, 2027.
2027.
Since Father's incarceratior, Since Father's incarceration, he he has not pursued
has not pursued nor has he nor has he
had any had any visits with the visits with Children or the Children or had
had any
any contact with the
contact with the
14
Children, nor Children, has he nor has sent the
he sent Children any
the Children any letters or gifts.
letters or gifts.
Father's lengthy incarceration Father's lengthy will continue incarceration will continue to at least to at least 2027.
2027,
।
There is There is no evidence in no evidence in the the record
record that Father has
that Father has made
made any
any
attempts to attempts to perform parental duties perform parental duties during during his
his incarceration or
incarceration or
that he that he might might in in the
the future
future until
until after
after his
his release.
release. Through
Through his
his
own inaction, own Father was inaction, Father was not not in
in the Children's lives
the Children's lives before or before or
i
since his since his incarceration.
incarceration, Per In
Per In Re
Re S.P, supra, Father's
S.P, supra, Father's
remaining remaining lengthy lengthy incarceration alone is incarceration alone is not dispositive.
not dispositive.
However, when However, when viewed viewed in
in the light of
the light of Father's
Father's conduct before and conduct before and
I
after his after his incarceration, incarceration, itit becomes becomes clear
clear to
to the court that
the court that
Father's Father's incapacity and/or refusal incapacity and/or refusal to perform parental to perform parental duties duties
i
will continue will continue with with no
no foreseeable end in
foreseeable end sight.
in sight.
!
2 2.. Needs and welfare Needs and welfare sfof the child pursuant the child. pursuant to 23 Pa. C.S.A. S§ to23Pa.£.S.A.
I
2511 (b) 251102)
The court The court must must next determine whether next determine whether terminating Father' s terminating Father's
parental rights to parental rights to the Children will the children will best
best serve
serve the
the
developmental, physical, developmental, and emotional physical, and emotional needs and welfare needs and welfare of
of the
the
Children. Children, See, 23 Pa.
See, 23 Pa. C.S.A.
C.S.A. §S 2511
2511 (b).
(b) . "Intangibles such as Intangibles such as
love, comfort, security, love, comfort, and stability security, and stability are are involved in the
involved in the
inquiry into inquiry into the needs and the needs and welfare of the welfare of the child."
child." In re
In re C.M.S.,
C.M.S.,
884 A.2d 884 A. 2d 1284, 1284, 1287
1287 (Pa. Super. 2005)
(Pe.Super, 2005) An examination of An examination of the
the
parent-child bond parent-child is required, bond is required, where
where the court must
the court must assess
assess the
the
effect upon effect the child upon the child of of severing
severing that
that bond.
bond. Expert
Expert testimony is
testimony is
15
not required. not required. See In See re K.K.R.-S.,
In re K.K.R.-S., 958 A.
958 A.22d 529,
529, 533 (Pa. Super.
533 (Pa.Super.
2008) 2008)
Both Children Both Children testified testified that
that they consider Stepfather they consider Stepfather to be to be
their father. their father. Father'
Father'ss| total dereliction of total dereliction of parental duties parental duties
ensured that ensured that the Children have the Children no detectable have no detectable bond
bond with
with Father.
Father.
Terminating Father' s parental Terminating Father's parental rights rights to
to the Children will
the Children will not
not
negatively negatively impact the Children's impact the Children's emotional emotional well-being
well-being whatsoever,
whatsoever,
as after as after years years of of inaction
inaction Father
Father has
has erased
erased himself
himself from
from the
the
Children's lives. Children's lives. By any By any measure,
measure, for
for at
at least six years,
least six years, Father
Father
has not has not provided provided the the Children
Children witn
with love, comfort, or
love, comfort, or security.
security.
There is There is no bond whatsoever no bond whatsoever between between Father and the
Father and Children;
the Children;
thus, thus, there can be there can no impact be no upon such
impact upon such bond as aa result bond as of the
result of the
termination of termination of Father's Father's parental
parental rights.
rights.
The Children The Children deserve deserve aa nurturing,
nurturing, loving, and stable loving, and stable home.
home.
The Children The Children presently presently Lnjoy
enjoy aa home
home possessing
possessing these
these
characteristics with characteristics with Mother and Stepfather.
Mother and Stepfather. The Children's The Children's needs
needs
are met are met and and their welfare is their welfare is being
being promoted
promoted in their present in their present
home. home. Father's on-going Father's on-going presence presence in
in the Children's life
the Children's would lite would
only disturb only disturb the the peace the Children
peace the Children now
now enjoy.
enjoy.