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.
-2- 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)
-3- 3 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)
-4- 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)
-5- -5 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)
-6- 6- 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- discretion only discretion only upon demonstration of upon demonstration of manifest manifest unreasonableness, Ipartiality, unreasonableness, partiality, prejudice, prejudice, bias, or ill- bias, or ill- will." 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), |
-9- 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
-10- -10- 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
-11- -11- 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
-12- -12- 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
-13- -13- 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
-14- -14- 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.
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