In Re: Adoption of D.R.M., Appeal of J.A.M.

CourtSuperior Court of Pennsylvania
DecidedJuly 9, 2026
Docket65 WDA 2026
StatusUnpublished
AuthorKing

This text of In Re: Adoption of D.R.M., Appeal of J.A.M. (In Re: Adoption of D.R.M., Appeal of J.A.M.) 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: Adoption of D.R.M., Appeal of J.A.M., (Pa. Ct. App. 2026).

Opinion

J-A16029-26

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN RE: ADOPTION OF D.R.M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.A.M., FATHER : : : : : No. 65 WDA 2026

Appeal from the Decree Entered December 9, 2025 In the Court of Common Pleas of Butler County Orphans’ Court at No(s): 2024-00023A

IN THE INTEREST OF: D.M., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : APPEAL OF: J.A.M., FATHER : : : : : : No. 66 WDA 2026

Appeal from the Order Entered December 22, 2025 In the Court of Common Pleas of Butler County Juvenile Division at No(s): CP-10-DP-0000124-2022

BEFORE: McLAUGHLIN, J., KING, J., and BENDER, P.J.E.

MEMORANDUM BY KING, J.: FILED: JULY 9, 2026

Appellant, J.A.M. (“Father”), appeals from the decree entered in the

Butler County Court of Common Pleas Orphans’ Court, which granted the

petition of Appellee, the Butler County Children and Youth Agency (“CYA”), for

involuntary termination of Father’s parental rights to his minor child, D.R.M.

(“Child”). Father has also filed a separate notice of appeal from the court’s J-A16029-26

order changing Child’s placement goal to adoption. We affirm.

The relevant facts and procedural history of this appeal are as follows.

Child was born in December 2013. Child’s natural parents are A.C.C.

(“Mother”) and Father. Father was absent from Child’s life for approximately

ten years. For a portion of that time, Father was incarcerated. As a result of

his prior conviction, Father is required to register as a sex offender. (See N.T.

Hearing, 7/17/25, at 99-100).1

Mother and Child resided with R.C. (“Maternal Grandmother”) and

Child’s half-siblings. On December 5, 2022, CYA received a General Protective

Services referral alleging that Mother overdosed, and Maternal Grandmother

revived Mother by administering Narcan. CYA held a meeting to consider the

family’s circumstances on December 20, 2022. At that time, CYA determined

that Mother and her paramour, J.S., were required to submit to drug screens.

On December 29, 2022, CYA contacted Mother, who admitted to recent drug

usage. Mother also refused a drug screen. On December 30, 2022, the court

transferred legal and physical custody of Child to CYA, and it placed Child in

kinship care with Maternal Grandmother. By order dated January 18, 2023,

the court adjudicated Child dependent.

____________________________________________

1 At the termination hearing on April 28, 2025, CYA presented the criminal docket from Father’s case, which occurred in Lawrence County. The docket revealed that Father entered a guilty plea in 2015 to indecent assault, 18 Pa.C.S.A. § 3126(a)(1). (See N.T. Hearing, 4/28/25, at 155; CYA’s Exhibit 17).

-2- J-A16029-26

After some initial difficulties, CYA first contacted Father in October 2023.

Father attended a permanency review hearing on November 15, 2023, and he

expressed a desire to be “involved” in Child’s life. (Permanency Review Order,

filed 11/22/23, at 2). CYA scheduled therapeutic visitation for Father, which

commenced on April 11, 2024. Father subsequently made biweekly visits with

Child, which resulted in moderate compliance with his permanency plan

objectives.

On April 22, 2024, CYA filed petitions for the involuntary termination of

Mother and Father’s parental rights. CYA filed a corresponding motion to

change Child’s placement goal to adoption on June 26, 2024. On October 17,

2024, the dependency and termination cases were reassigned to a new jurist,

and the outstanding termination petitions and goal change motion were

consolidated for the court’s review.2 Termination hearings occurred over the

course of four days: January 16, 2025, April 28, 2025, May 30, 2025, and July

17, 2025. Immediately before the January hearing, the court conducted an

in camera interview with Child and her half-siblings.3 At the subsequent

2 Attorney Lope served as Child’s guardian ad litem (“GAL”) in the dependency

case, as well as Child’s legal counsel for the termination proceedings. In its findings of fact, the court determined that “a conflict of interest does not exist…. Child neither fully comprehends the true depth of ‘permanency’ nor articulate[s] a reasonable preference.” (Trial Court Opinion, filed 12/9/25, at 1 n.2).

3 The court also conducted an in camera meeting with Child and her half- siblings before the July 17, 2025 hearing.

-3- J-A16029-26

hearings, CYA presented testimony from agency caseworkers, supervisors,

service providers, and a psychologist. Father testified on his own behalf at

the July 2025 hearing.

On December 9, 2025, the court issued findings of fact, conclusions of

law, and final decrees terminating Mother and Father’s parental rights. In its

findings, the court emphasized Child’s attachment to Maternal Grandmother,

Father’s extended absence from Child’s life, and Father’s ongoing involvement

with the criminal justice system. On December 22, 2025, the court also

granted CYA’s goal change motion. On January 8, 2026, Father timely filed a

notice of appeal and concise statement from the decree terminating his

parental rights. That same day, Father filed a separate notice of appeal from

the goal change order. Mother is not a party to the current appeals, which

this Court consolidated sua sponte.

Father now raises the following issues on appeal:

Whether the trial court committed an error of law by interviewing the child without placing the interview on the record.

Whether the trial court abused its discretion in finding by clear and convincing evidence that the requirements of 23 Pa.C.S.A. § 2511(b) were met.

Whether the trial court committed an abuse of discretion in finding by clear and convincing evidence that Father displayed conduct continuing for a period of at least six (6) months immediately preceding the filing of the petition for involuntary termination of parental rights which evidenced a settled purpose of relinquishing his parental claim to the child or refused or failed to perform parental duties during that time under 23 Pa.C.S.A. § 2511(a)(1), particularly

-4- J-A16029-26

where [CYA] did not locate [F]ather or provide notice of hearings to him until October 24, 2023.

Whether the trial court erred and committed an abuse of discretion in finding by clear and convincing evidence that the conditions that led to the removal or placement of the child continue to exist, Father cannot or will not remedy those conditions within a reasonable period of time, the services or assistance reasonably available to the parent are not likely to remedy the conditions which led to the removal or placement of the child within a reasonable period of time and termination of parental rights would best serve the needs and welfare of the child under 23 Pa.C.S.A. § 2511(a)(5), particularly where [CYA] did not locate [F]ather or provide notice of hearings to him until October 24, 2023.

Whether the trial court committed an abuse of discretion in finding by clear and convincing evidence that the conditions that led to the removal or placement of the child continue to exist and termination of parental rights would best serve the needs and welfare of the child under 23 Pa.C.S.A. § 2511(a)(8).

Whether the trial court abused its discretion in terminating Father’s rights pursuant to 23 Pa.C.S.A. § 2511(a)(11).

Whether the trial court abused its discretion in changing the goal from reunification to adoption.

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Bluebook (online)
In Re: Adoption of D.R.M., Appeal of J.A.M., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-drm-appeal-of-jam-pasuperct-2026.