In Re: Adoption of: H.A.Y., Appeal of: G.L.C.

Superior Court of Pennsylvania·Decided July 17, 2026·No. 3187 EDA 2025·Unpublished·Murray

Opinion

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN RE: ADOPTION OF: H.A.Y., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA :

:

APPEAL OF: G.L.C., FATHER :

:

:

:

: No. 3187 EDA 2025

Appeal from the Decree Entered November 10, 2025 In the Court of Common Pleas of Montgomery County Orphans' Court at No(s): 2025-A0100

BEFORE: LAZARUS, P.J., MURRAY, J., and FORD ELLIOTT, P.J.E. * MEMORANDUM BY MURRAY, J.: FILED JULY 17, 2026 G.L.C. (Father) appeals from the orphans’ court’s decree granting the petition filed by the Montgomery County Office of Children and Youth (OCY), and terminating Father’s parental rights to his biological daughter, H.A.Y. (Child), born in August 2023.1 After careful review, we affirm.

Mother and Child came to the attention of OCY after a referral was made alleging Mother and Child had tested positive for numerous illicit substances

* Retired Senior Judge assigned to the Superior Court.

1 Child’s biological mother, L.Y. (Mother), consented to Child’s adoption on May 27, 2025. See Petition for Confirmation of Custody, 7/22/25, Attachment (Consent of Birth Parent); see also 23 Pa.C.S.A. § 2711 (Consents necessary to adoption). On November 10, 2025, the orphans’ court terminated Mother’s parental rights to Child pursuant to 23 Pa.C.S.A. § 2504 (detailing an alternative procedure for termination of parental rights (TPR) “upon expiration of the time periods under section 2711 ….”). Decree, 11/10/25. Mother is not a party to the instant appeal.

upon Child’s birth. Dependency Petition, 11/9/23, at 4; see also id. at 5 (OCY indicating Child’s biological father was unknown to OCY on the date it filed the dependency petition). On December 1, 2023, following a hearing, the orphans’ court adjudicated Child dependent, transferred legal and physical custody of Child to OCY, and placed Child in the care of Child’s maternal aunt, J.Y. (foster mother). Order, 12/1/23, at 2; see also id. (ordering Mother to disclose Father’s identity and contact information to OCY); N.T., 11/10/25, at 11 (OCY caseworker Kyia Worthem (Ms. Worthem) testifying that Mother disclosed Father’s identity and, on October 3, 2024, paternity testing confirmed that Father is Child’s biological father).

The juvenile court2 conducted permanency review hearings in March, May, August, and November 2024; and February and May 2025. The juvenile court consistently found that Father had not complied with, or only minimally had complied with, the family’s permanency plan. The juvenile court consistently made the same findings concerning Father’s progress toward alleviating the circumstances that necessitated Child’s placement.

On July 22, 2025, OCY filed a petition seeking termination of Father’s parental rights to Child pursuant to 23 Pa.C.S.A. § 2511(a)(1), (2), (8), and (b). The matter proceeded to a hearing on November 10, 2025. Father, who

2 The Honorable Todd Eisenberg presided over most of Child’s dependency proceedings. The Honorable Lois E. Murphy presided over Father’s TPR proceedings.

was incarcerated at the state correctional institution in Laurel Highlands, 3 appeared by video, and was represented by court-appointed counsel. 4 Child, who did not appear, was represented by counsel.5 OCY presented the testimony of Ms. Worthem, and submitted (without objection) numerous exhibits.6 Father testified on his own behalf.

3 At the TPR hearing, the parties stipulated that Father had been incarcerated since May 1, 2024. N.T., 11/10/25, at 19-20.

4Sean E. Cullen, Esquire (Attorney Cullen), represented Father at the TPR hearing.

5 Child’s counsel served as both legal counsel and guardian ad litem (GAL). See In re Adoption of K.M.G., 240 A.3d 1218, 1235 (Pa. 2020) (“[W]here an orphans’ court has appointed a GAL/Counsel to represent both the child’s best interests and legal interests, appellate courts should review sua sponte whether the orphans’ court made a determination that those interests did not conflict.”). Child’s counsel represented that she “did not perceive a conflict between [Child’s] best interests and legal interests.” N.T., 11/10/25, at 5; see also id. at 5 (Child’s counsel indicating that Child “is two years old, and [] could not articulate her preferred outcome ….”). At the conclusion of the TPR hearing, the orphans’ court found that no conflict existed between Child’s best and legal interests. N.T., 11/10/25, at 73.

We note that “[p]erforming the required conflict determination … after the [TPR] hearing already began … is inconsistent with the procedure described by K.M.G.[, 240 A.3d at 1236 (holding that ‘the orphans’ court must determine whether counsel can represent the dual interests before appointing an individual to serve as GAL/Counsel for a child.’ (emphasis added))].” Interest of M.K.L., 354 A.3d 42, 49 n.3 (Pa. Super. 2026). However, “because [Child was] represented at the hearing,” and the orphans’ court made a no-conflict finding at the TPR hearing, “we decline to emphasize form over substance in this case.” Id.

6 The orphans’ court admitted as evidence, inter alia, the dependency court

record, family service plans, and several of Father’s criminal docket sheets. N.T., 11/10/25, at 7-8.

Ms. Worthem testified that Father’s goals, established in his family service plans, “were to maintain housing, maintain employment, stabilize his mental health, and to remain recovered from substance abuse.” N.T., 11/10/25, at 13. Ms. Worthem testified that, throughout the life of the dependency case, Father failed to supply OCY with evidence that he had addressed any of his permanency goals. Id. at 27-28.

Ms. Worthem testified that, throughout Child’s entire life, Father visited Child on only one occasion, in January 2024. Id. at 12, 23, 26. But see id. at 41 (Father testifying that he visited Child on some occasions in September 2023). Ms. Worthem explained that Father submitted a urine test on that date, which indicated positive results for cocaine, marijuana, benzodiazepines, and methamphetamine. Id. at 14, 24. According to Ms. Worthem, Father told her that he did not visit Child from January 2024 to the date of his incarceration (in May 2024) because he would have tested positive for illicit substances. Id. at 23.

Ms. Worthem testified that Father told OCY that “he had therapy and a family coach[,]” but he did not supply OCY with the names of his providers. Id. at 24-25. Ms. Worthem explained that Father never provided OCY with his contact information, and that OCY was unable to locate Father between January and May of 2024. Id. at 15, 25; see also id. at 25 (Ms. Worthem testifying that Father did not advise OCY that he was incarcerated, and that she discovered that he was in prison through her own research).

Ms. Worthem stated that though Father had provided her with a letter for foster mother, thanking foster mother for taking care of Child, Father had never, himself, cared for Child. Id. at 29-30. Ms. Worthem confirmed that Father had never attended any of Child’s medical appointments, or provided Child with clothing, cards, gifts, or financial support. Id. at 30.

Regarding Child’s current placement, Ms. Worthem testified that Child had been residing with foster mother and foster mother’s fiancée (collectively, foster parents) since Child was removed from Mother’s care, on December 1, 2023. Id. at 16. Ms. Worthem opined that Child “is doing really good in [foster mother’s] home[,]” that Child is “bonded to [] foster parents[,]” and that foster parents were meeting Child’s needs. Id. at 17. Ms. Worthem testified that foster parents were adoptive resources for Child, and opined that the permanency that adoption would provide for Child was in Child’s best interests. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

In Re: Adoption of: H.A.Y., Appeal of: G.L.C., (Pa. Ct. App. 2026).

In Re: Adoption of: H.A.Y., Appeal of: G.L.C. (In Re: Adoption of: H.A.Y., Appeal of: G.L.C.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Matter of Adoption of Charles EDM, II
708 A.2d 88 (Supreme Court of Pennsylvania, 1998)
In Re B.,N.M.
856 A.2d 847 (Superior Court of Pennsylvania, 2004)
In Re: Adoption of: A.C., a minor, Appeal of: A.C.
162 A.3d 1123 (Superior Court of Pennsylvania, 2017)
In re G.P.-R.
851 A.2d 967 (Superior Court of Pennsylvania, 2004)
In re T.S.M.
71 A.3d 251 (Supreme Court of Pennsylvania, 2013)
In Re: C.P.D., Appeal of: T.P.D.
2024 Pa. Super. 201 (Superior Court of Pennsylvania, 2024)
Adoption of: L.C.J.W. Appeal of: A.M.G.
2024 Pa. Super. 32 (Superior Court of Pennsylvania, 2024)