In the Interest of: L.M., Appeal of: A.M.
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Opinion
J-S01033-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
IN THE INTEREST OF: L.M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: A.M., MOTHER : : : : : No. 1031 WDA 2025
Appeal from the Order Entered July 11, 2025 In the Court of Common Pleas of Clarion County Orphans’ Court at No(s): 120 OC 2025
IN THE INTEREST OF: O.M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: A.M., MOTHER : : : : : No. 1032 WDA 2025
Appeal from the Order Entered July 11, 2025 In the Court of Common Pleas of Clarion County Orphans’ Court at No(s): 121 OC 2025
BEFORE: BOWES, J., PANELLA, P.J.E., and STEVENS, P.J.E.*
MEMORANDUM BY STEVENS, P.J.E.: FILED: February 18, 2026
A.M. (“Mother”) appeals from the orders entered in the Court of
Common Pleas of Clarion County Orphans’ Court involuntarily terminating her
parental rights to L.M. (born in January of 2018) and O.M. (born in September
of 2021) (collectively “the Children”) pursuant to Section 2511 of the Adoption
____________________________________________
* Former Justice specially assigned to the Superior Court. J-S01033-26
Act, 23 Pa.C.S.A. §§ 2101-2938.1 After our careful review, we affirm the
orders.
The relevant facts and procedural history are as follows: On August 30,
2023, Clarion County Children and Youth Services (“CYS”) filed dependency
petitions as to the Children. Therein, CYS alleged that, since January 21, 2016,
CYS had received seventeen referrals on the family for various issues,
including truancy, lack of healthcare, and mental health concerns related to
the Children, as well as the parents’ substance use and homelessness. The
most recent referrals occurred on July 14, 2023, and August 21, 2023, and
after investigation, the referrals were found to be valid.
Specifically, CYS alleged the family was homeless, the Children had not
received routine medical care, and Father, as well as J.M., had unaddressed
mental health concerns. CYS indicated that it referred the family for various
services; however, Mother and Father (collectively “the parents”) would not
cooperate or communicate with CYS. The juvenile court appointed counsel for
Father and Mother, as well as a guardian ad litem for the Children.
1 The orphans’ court also involuntarily terminated Father’s parental rights to
the Children. Father filed appeals from the court’s orders changing the placement goal from reunification with biological parents to adoption, as well as the orders involuntarily terminating his parental rights to the Children. Father’s appeals are docketed at 1013 WDA 2025, 1014 WDA 2025, 1020 WDA 2025, and 1021 WDA 2025. Father’s appeals are addressed in a separate decision.
-2- J-S01033-26
Following a hearing, on September 22, 2023, the juvenile court found
the Children to be dependent and transferred legal custody to CYS. The
parents retained physical custody of the Children, and the juvenile court set
various goals for the parents. Specifically, the juvenile court directed the
parents to cooperate with CYS, meet regularly with CYS, permit CYS access
to their home upon CYS’s request, and participate/cooperate with all
recommended services, including drug and alcohol treatment. The juvenile
court also directed the parents to cooperate with CYS to explore kinship
resources for the Children in the event it became necessary to place them with
a relative.
On March 11, 2024, following a permanency review hearing, the juvenile
court found the Children to be dependent and placed the Children in foster
care. The juvenile court found that, on January 19, 2024, the Children had
been left in a hotel room under the care of Father, who was under the influence
of a substance to the point he was rendered unconscious. Father was arrested
in connection with this incident and convicted of endangering the welfare of
children. The juvenile court noted Mother, despite being aware of Father’s
condition, left the Children in Father’s care.
Further, in placing the Children in foster care, the juvenile court found
Mother and Father had tested positive for methamphetamine; Father admitted
he continued to use methamphetamine; and Mother began treatment for her
drug addiction but did not participate regularly therein. The juvenile court
-3- J-S01033-26
determined L.M.’s educational, mental health, and dental needs had not been
addressed by the parents. The juvenile court noted the Children did not have
beds. The juvenile court found the parents had been minimally compliant with
their permanency plan goals. The placement goal for the Children was return
to parents with a concurrent goal of adoption.
On August 23, 2024, following a permanency review hearing, the
juvenile court retained the placement of the Children in foster care. The
juvenile court found the parents had been minimally compliant with their
permanency plan goals. The juvenile court noted the parents were living in a
shed, which lacked electricity, heat, and restroom facilities. Neither Father
nor Mother successfully completed their drug and alcohol treatment programs.
CYS had difficulty locating and communicating with the parents. Father was
unemployed while Mother worked at a gas station. The placement goal for
the Children was reunification with the parents with a concurrent goal of
adoption.
On January 10, 2025, following a permanency review hearing, the
juvenile court retained the placement of the Children in foster care. The
juvenile court found the parents had been minimally compliant with their
permanency plan goals. Neither Father nor Mother successfully completed
their drug and alcohol treatment programs. Father admitted that he continued
to use methamphetamine. The parents did not have stable housing and did
not communicate with CYS. In the January 10, 2025, orders, the juvenile
-4- J-S01033-26
court retained the placement goal for the Children as return to parents with a
concurrent goal of adoption.
CYS filed petitions in the juvenile court to change the Children’s goal to
adoption. Further, on May 2, 2025, CYS filed in the orphans’ court petitions
to involuntarily terminate the parental rights of Father and Mother as to the
Children pursuant to 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8), and (b).
On July 8, 2025, the matter proceeded to an evidentiary hearing at
which Father and Mother, as well as their respective attorneys, were present.
Further, the Children were represented by their guardian ad litem, Zachary
Shekell, Esquire, and separate legal counsel, Levieta Lerch, Esquire.
Sherry Casher, the acting director of CenClear’s substance use disorder
(“SUD”) treatment program, testified it is the regular business practice of
CenClear to keep records of attendance. N.T., 7/8/25, at 7. She testified
Mother was a client of the SUD treatment program during 2024 and 2025. Id.
at 8. Specifically, she testified Mother entered the SUD treatment program
on January 31, 2024, and she attended sessions on February 6, February 20,
February 27, March 5, and April 17, 2024. Id. at 9. Mother either cancelled
or failed to show for scheduled sessions on February 7, February 14, March
12, March 19, April 1, April 11, and April 23, 2024. Id.
Ms. Casher testified CenClear’s policy is that, after the third no-show, a
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J-S01033-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
IN THE INTEREST OF: L.M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: A.M., MOTHER : : : : : No. 1031 WDA 2025
Appeal from the Order Entered July 11, 2025 In the Court of Common Pleas of Clarion County Orphans’ Court at No(s): 120 OC 2025
IN THE INTEREST OF: O.M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: A.M., MOTHER : : : : : No. 1032 WDA 2025
Appeal from the Order Entered July 11, 2025 In the Court of Common Pleas of Clarion County Orphans’ Court at No(s): 121 OC 2025
BEFORE: BOWES, J., PANELLA, P.J.E., and STEVENS, P.J.E.*
MEMORANDUM BY STEVENS, P.J.E.: FILED: February 18, 2026
A.M. (“Mother”) appeals from the orders entered in the Court of
Common Pleas of Clarion County Orphans’ Court involuntarily terminating her
parental rights to L.M. (born in January of 2018) and O.M. (born in September
of 2021) (collectively “the Children”) pursuant to Section 2511 of the Adoption
____________________________________________
* Former Justice specially assigned to the Superior Court. J-S01033-26
Act, 23 Pa.C.S.A. §§ 2101-2938.1 After our careful review, we affirm the
orders.
The relevant facts and procedural history are as follows: On August 30,
2023, Clarion County Children and Youth Services (“CYS”) filed dependency
petitions as to the Children. Therein, CYS alleged that, since January 21, 2016,
CYS had received seventeen referrals on the family for various issues,
including truancy, lack of healthcare, and mental health concerns related to
the Children, as well as the parents’ substance use and homelessness. The
most recent referrals occurred on July 14, 2023, and August 21, 2023, and
after investigation, the referrals were found to be valid.
Specifically, CYS alleged the family was homeless, the Children had not
received routine medical care, and Father, as well as J.M., had unaddressed
mental health concerns. CYS indicated that it referred the family for various
services; however, Mother and Father (collectively “the parents”) would not
cooperate or communicate with CYS. The juvenile court appointed counsel for
Father and Mother, as well as a guardian ad litem for the Children.
1 The orphans’ court also involuntarily terminated Father’s parental rights to
the Children. Father filed appeals from the court’s orders changing the placement goal from reunification with biological parents to adoption, as well as the orders involuntarily terminating his parental rights to the Children. Father’s appeals are docketed at 1013 WDA 2025, 1014 WDA 2025, 1020 WDA 2025, and 1021 WDA 2025. Father’s appeals are addressed in a separate decision.
-2- J-S01033-26
Following a hearing, on September 22, 2023, the juvenile court found
the Children to be dependent and transferred legal custody to CYS. The
parents retained physical custody of the Children, and the juvenile court set
various goals for the parents. Specifically, the juvenile court directed the
parents to cooperate with CYS, meet regularly with CYS, permit CYS access
to their home upon CYS’s request, and participate/cooperate with all
recommended services, including drug and alcohol treatment. The juvenile
court also directed the parents to cooperate with CYS to explore kinship
resources for the Children in the event it became necessary to place them with
a relative.
On March 11, 2024, following a permanency review hearing, the juvenile
court found the Children to be dependent and placed the Children in foster
care. The juvenile court found that, on January 19, 2024, the Children had
been left in a hotel room under the care of Father, who was under the influence
of a substance to the point he was rendered unconscious. Father was arrested
in connection with this incident and convicted of endangering the welfare of
children. The juvenile court noted Mother, despite being aware of Father’s
condition, left the Children in Father’s care.
Further, in placing the Children in foster care, the juvenile court found
Mother and Father had tested positive for methamphetamine; Father admitted
he continued to use methamphetamine; and Mother began treatment for her
drug addiction but did not participate regularly therein. The juvenile court
-3- J-S01033-26
determined L.M.’s educational, mental health, and dental needs had not been
addressed by the parents. The juvenile court noted the Children did not have
beds. The juvenile court found the parents had been minimally compliant with
their permanency plan goals. The placement goal for the Children was return
to parents with a concurrent goal of adoption.
On August 23, 2024, following a permanency review hearing, the
juvenile court retained the placement of the Children in foster care. The
juvenile court found the parents had been minimally compliant with their
permanency plan goals. The juvenile court noted the parents were living in a
shed, which lacked electricity, heat, and restroom facilities. Neither Father
nor Mother successfully completed their drug and alcohol treatment programs.
CYS had difficulty locating and communicating with the parents. Father was
unemployed while Mother worked at a gas station. The placement goal for
the Children was reunification with the parents with a concurrent goal of
adoption.
On January 10, 2025, following a permanency review hearing, the
juvenile court retained the placement of the Children in foster care. The
juvenile court found the parents had been minimally compliant with their
permanency plan goals. Neither Father nor Mother successfully completed
their drug and alcohol treatment programs. Father admitted that he continued
to use methamphetamine. The parents did not have stable housing and did
not communicate with CYS. In the January 10, 2025, orders, the juvenile
-4- J-S01033-26
court retained the placement goal for the Children as return to parents with a
concurrent goal of adoption.
CYS filed petitions in the juvenile court to change the Children’s goal to
adoption. Further, on May 2, 2025, CYS filed in the orphans’ court petitions
to involuntarily terminate the parental rights of Father and Mother as to the
Children pursuant to 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8), and (b).
On July 8, 2025, the matter proceeded to an evidentiary hearing at
which Father and Mother, as well as their respective attorneys, were present.
Further, the Children were represented by their guardian ad litem, Zachary
Shekell, Esquire, and separate legal counsel, Levieta Lerch, Esquire.
Sherry Casher, the acting director of CenClear’s substance use disorder
(“SUD”) treatment program, testified it is the regular business practice of
CenClear to keep records of attendance. N.T., 7/8/25, at 7. She testified
Mother was a client of the SUD treatment program during 2024 and 2025. Id.
at 8. Specifically, she testified Mother entered the SUD treatment program
on January 31, 2024, and she attended sessions on February 6, February 20,
February 27, March 5, and April 17, 2024. Id. at 9. Mother either cancelled
or failed to show for scheduled sessions on February 7, February 14, March
12, March 19, April 1, April 11, and April 23, 2024. Id.
Ms. Casher testified CenClear’s policy is that, after the third no-show, a
client is “discharged unsuccessfully” from the SUD treatment program. Id. at
11. She noted Mother was provided with a letter dated April 12, 2024, warning
-5- J-S01033-26
her that she could be discharged from the SUD treatment program for missing
sessions and directing her to attend a session on April 17, 2024, at 4:00 p.m.
Id. Ms. Casher confirmed Mother attended the April 17, 2024, session;
however, she did not show for the April 23, 2024, session. Id. at 12. On May
30, 2024, Ms. Casher sent Mother an “unsuccessful discharge letter” due to
her failure to comply with the attendance policy. Id.
Ms. Casher noted that, after an unsuccessful discharge, a client may be
reinstated thirty days later. Id. at 13. On November 11, 2024, Mother
entered the SUD treatment program for the second time; however, Mother
failed to appear for either the first scheduled session on November 11, 2024,
or the second scheduled session on November 18, 2024. Id. Mother attended
a session on November 27, 2024. Id. at 14. She was then a no-show for the
session on December 10, 2024, and she cancelled her session for December
16, 2024. Id. at 15. Mother attended a session on December 30, 2024. Id.
Mother did not attend any sessions in January of 2025; she was a no-show for
sessions on January 9, 2025, and January 21, 2025. Id. at 16. Accordingly,
on February 28, 2025, Mother was “unsuccessfully discharged” from the SUD
treatment program, and a letter so stating was sent to Mother on March 3,
2025. Id. at 17. Ms. Casher confirmed Mother was “unsuccessfully
discharged” due to having more than three no-shows, which violated
CenClear’s attendance policy. Id. Mother has received no further treatment
from CenClear. Id.
-6- J-S01033-26
Ms. Casher testified Father was also a client at CenClear in 2024 and
2025. Id. at 18. Specifically, she testified that Father entered the SUD
treatment program on December 12, 2024, but he attended no other sessions
in December of 2024. Id. Specifically, he cancelled his session for December
13, 2023, and he was a no-show for sessions on December 18 and 30, 2024.
Id. Father attended a session on January 24, 2025; however, he was a no-
show on January 6 and 13, 2025. Id. at 19. Accordingly, on March 4, 2025,
Father was “unsuccessfully discharged” from the SUD treatment program. Id.
at 20. Ms. Casher confirmed Father was discharged due to having more than
three no-shows, which violated CenClear’s attendance policy. Id. Ms. Casher
noted the discharge letter informed Father that there was a thirty-day waiting
period for Father to re-enroll in the SUD treatment program. Id. Ms. Casher
testified Father did not seek to re-enroll thereafter. Id. at 21.
On cross-examination, Ms. Casher admitted that Mother cancelled two
of her appointments because of work conflicts; however, she indicated the
cancellations were not “held against her.” Id. at 22. Rather, it was Mother’s
no-shows, i.e., failing to contact CenClear to report that she would not be
attending the sessions, which resulted in her unsuccessful discharge from the
SUD treatment program. Id. Ms. Casher noted she did not know whether
Mother participated in any other treatment programs outside of the CenClear
system. Id.
-7- J-S01033-26
Ms. Casher indicated that neither Mother’s nor Father’s charts contained
any notations that they cancelled sessions because of health problems. Id.
at 25. She noted that, if Mother or Father had reported health problems, they
may have been given leniency before being unsuccessfully discharged. Id.
In any event, she noted Mother and Father each had more than three no-
shows before they were unsuccessfully discharged, and, therefore, they were
both given leniency by CenClear. Id.
Probation Officer Sarah Mosley testified she is a probation officer, and
after Father was placed on probation in connection with his conviction for
endangering the welfare of children, she began supervising him. Id. at 27.
Officer Mosley noted that, in early November of 2024, Father was diagnosed
with cancer, so the probation office showed him leniency in terms of meeting
various probation requirements; however, he was required to submit to
random drug screens. Id. at 28.
Officer Mosley testified that, throughout his probation supervision,
Father repeatedly admitted to using drugs. Id. at 29. On December 18, 2024,
Father signed an admission form indicating that he had used
methamphetamine on seven or eight occasions since his release from prison
with the most recent use on December 17, 2024. Id. On January 28, 2025,
Father signed an admission form indicating that he used methamphetamine
on January 21, 2025; on March 21, 2025, Father signed an admission form
indicating that he used methamphetamine on March 16, 2025; on April 11,
-8- J-S01033-26
2025, Father signed an admission form indicating that he used
methamphetamine on April 6, 2025, and marijuana on April 10, 2025; on April
24, 2025, Father signed an admission form indicating he used
methamphetamine on April 22, 2025; and, on May 6, 2025, Father signed an
admission form indicating he used marijuana on May 6, 2025. Id. at 30-35.
Officer Mosley testified that May 6, 2025, was the last time she saw Father.
Id. at 35. He was a “no-show” for his May 14, 2025, probation appointment.
Id. at 36.
Moreover, Officer Mosley testified about a specific incident occurring on
March 21, 2025. She noted that Father had failed to report to the probation
office as required for several weeks, so on March 21, 2025, Officer Mosley
made an unscheduled visit to the apartment listed as Father’s last known
address. Id. Despite knocking on the door for half an hour with evidence
that Father was inside, no one answered the door. Id. at 37. Accordingly,
Officer Mosley called for back-up, and when other officers arrived, one of them
kicked down the door to gain entry. Id.
Mother and Father were found inside the apartment hiding in a closet.
Id. The apartment was cluttered with garbage and “handfuls” of needles lying
on the floor. Id. at 38, 43. Father admitted that he had used
methamphetamine but denied using the needles. Id. at 39. Mother indicated
that she had used the needles to inject herself with suboxone. Id. Mother
was arrested and charged with possession of drug paraphernalia. Id.
-9- J-S01033-26
Officer Mosley noted that Father’s admitted drug use and failure to
report were violations of his probation, and, thus, the court scheduled a
probation revocation hearing for the end of April 2025, but the hearing was
continued until June 26, 2025. Id. at 40. However, Father failed to appear
for the probation revocation hearing on June 26, 2025, and the criminal court
issued a warrant for his arrest. Id. at 41. Officer Mosley testified that, when
Father appeared for the instant termination hearing on July 8, 2025, he was
informed that he would be actively detained after the hearing. Id.
On cross-examination, Officer Mosley clarified that Mother reported that
she “frequently injects her[self with] suboxone.” Id. at 43. Officer Mosley
noted that Mother was not on probation as of March 21, 2025, so she did not
question Mother further about her drug use. Id.
Erin Schrecengost testified she was initially the CYS caseworker
assigned to the instant matter. Id. at 46. She confirmed the Children were
adjudicated dependent on September 22, 2023, based on housing instability
and drug use by the parents. Id. While the Children initially remained in the
physical custody of the parents, they were removed from the parents’ custody
on March 11, 2024, and placed in foster care due to the parents’ lack of
sobriety. Id. at 47.
Ms. Schrecengost confirmed Father was arrested on January 19, 2024,
after he was found unresponsive in a hotel while caring for the Children. Id.
The police found “drug paraphernalia, multiple knives, and syringes lying on
- 10 - J-S01033-26
the floor in the hotel room.” Id. Father was charged with two counts of
endangering the welfare of children in connection with this incident. Id. at
48. Father was incarcerated from January 19, 2024, to February 13, 2024.
Id. Ms. Schrecengost testified that Mother admitted she left the Children in
Father’s care knowing that he had been using drugs. Id.
Regarding Mother’s and Father’s permanency plan goals, Ms.
Schrecengost noted both parents struggled to maintain their sobriety, and on
March 12, 2024, both parents tested positive for methamphetamine and
amphetamine. Id. at 50. On April 24, 2024, Mother tested positive for
methamphetamine and amphetamine; Father tested negative but admitted
that he had used methamphetamine approximately one week earlier. Id.
Although Mother attended an intake appointment in January of 2024 for
CenClear, she missed seven appointments and was unsuccessfully discharged
on May 30, 2024. Id. Mother went to Pyramid Healthcare for inpatient
treatment on July 18, 2024, but she left just two days later against medical
advice. Id. Mother returned to Pyramid Healthcare on July 31, 2024;
however, she left on August 18, 2024, before completing the program and
against medical advice. Id. Mother received no further drug or alcohol
treatment until November 11, 2024, when she attended an intake
appointment at CenClear. Id. at 51. However, thereafter, Mother did not
consistently attend sessions, and she was unsuccessfully discharged from the
program on February 28, 2025. Id.
- 11 - J-S01033-26
Regarding Father, he first sought drug treatment when he attended an
intake appointment on June 6, 2024, at the Armstrong, Indiana, Clarion Drug
and Alcohol Commission (“the Commission”). Id. at 52. The Commission’s
recommendation was that Father participate in inpatient rehabilitation, which
Father attempted to do on five separate occasions thereafter. Id. Specifically,
Father went to Cove Forge in June of 2024, but he was there for only a few
days. Id. He then went to Pyramid Healthcare on June 28, 2024, but he left
on June 29, 2024, because he was not receptive to intervention. Id. at 53.
Father returned to Pyramid Healthcare on July 9, 2024, but he left on July 12,
2024, against medical advice. Id. Father returned to Pyramid Healthcare on
July 31, 2024, but he left on August 2, 2024, without notifying the staff. Id.
Father returned to Pyramid Healthcare on August 2, 2024, approximately two
hours after he had left, where he remained until August 18, 2024. Id. Father
revoked his release of information with Pyramid Healthcare, so CYS was
unable to get any further information thereafter. Id. at 54.
Ms. Schrecengost testified that Father received no drug or alcohol
treatment after he left Pyramid Healthcare on August 18, 2024, until
December 12, 2024, when he appeared for an intake appointment with
CenClear. Id. However, following his intake appointment, Father attended
no sessions at CenClear in December and only one session in January of 2025.
Id. Ms. Schrecengost testified that the instant case was transferred to a
different CYS caseworker, Dakota Curran, in February of 2025, and, thus, Ms.
- 12 - J-S01033-26
Schrecengost’s interaction with the family thereafter was limited. Id. As of
February of 2025, neither Mother nor Father had achieved their housing goals
or treatment goals with alcohol/drugs. Id. at 75. Mother completed her
parenting class goal; however, Father did not. Id. at 78.
Ms. Schrecengost testified that, during the time frame when she was
the family’s CYS caseworker, she often had difficulty contacting the parents,
and she “struggled” to obtain drug screens from them. Id. at 55. Ms.
Schrecengost testified she conducted drug screens on Mother on September
20, 2024, December 27, 2024, January 24, 2025, January 28, 2025, and
February 11, 2025. Id. With the exception of prescribed suboxone, Mother
tested negative for all substances. Id. Ms. Schrecengost screened Father on
December 27, 2024, January 28, 2025, and February 11, 2025; Father twice
tested negative for all substances but once tested positive for suboxone for
which he had no prescription. Id. at 56. Ms. Schrecengost noted that she
had been receiving updates from the probation department, including
information that Father admitted to using drugs. Id.
Ms. Schrecengost indicated that, in addition to the permanency plan
goal of consistently attending drug and alcohol treatment, which Mother and
Father failed to do, they were also supposed to maintain safe, stable housing.
Id. When the Children were removed from the parents’ physical custody on
March 11, 2024, the parents were struggling to maintain housing. Id. at 57.
- 13 - J-S01033-26
Regarding the history of the parents’ housing, Ms. Schrecengost testified
that, on December 28, 2023, the family was residing with a family member,
who allotted the family two bedrooms. Id. However, CYS’s visit of the home
on December 28, 2023, revealed one room was “completely filled with
trash…and not being used as a living space[.]” Id. There were insufficient
beds for the Children. Id. Because of the condition of the rooms, CYS
contacted the state police, who then instructed the parents to take the
Children to their maternal grandmother’s home for the weekend to give the
parents time to clean the two rooms and provide sufficient beds. Id. at 58.
The parents improved the condition of the rooms but then moved out of the
two rooms and into a shed on the property in June or July of 2024. Id. The
shed had no heat, electricity, or running water. Id. Ms. Schrecengost testified
that the shed was not an appropriate living space for the Children. Id.
The parents moved out of the shed in November of 2024, and into an
apartment, which had a monthly rental payment of $725.00. Id. at 59. While
Mother was employed at a gas station, Father was unemployed, and, thus,
they received assistance to pay the security deposit and first month’s rent.
Id. However, thereafter, they were unable to meet the monthly rent
obligation, and by January of 2025, they were facing eviction. Id.
Ms. Schrecengost testified that, in addition to the other permanency
goals discussed above, Father had a goal to address and stabilize his mental
health, including receiving a psychiatric evaluation. Id. at 60. However, as of
- 14 - J-S01033-26
May of 2024, Father had not taken any steps to address his mental health
issues. Id. On December 27, 2024, Father reported to Ms. Schrecengost
that, while he was in inpatient treatment for drugs and alcohol, he received a
psychiatric evaluation. Id. Ms. Schrecengost received a copy of the
evaluation, and she discovered that the evaluation was not completed because
Father left the facility early. Id. at 61. Father did not go to another mental
health provider to have the psychiatric evaluation completed. Id.
Ms. Schrecengost testified that both parents had the permanency plan
goal of improving their parenting skill, and they were referred to the Triple P
Parenting Program on December 26, 2023. Id. Mother completed the
parenting program on October 31, 2024, after several months of
noncompliance; however, Father did not complete the parenting program due
to his incarceration. Id. at 62.
Ms. Schrecengost testified that both parents had the permanency plan
goal of providing for the Children’s medical, educational, and basic needs. Id.
She noted L.M. had significant dental needs, which were revealed during a
dental exam at school on December 8, 2023. Id. Specifically, L.M. had “six
severely decayed teeth, and he was complaining of pain.” Id. However, L.M.
was unable to receive immediate treatment because the parents failed to turn
in the necessary paperwork to the assistance office, thus allowing L.M.’s
insurance coverage to lapse. Id. at 63. JusticeWorks tried to contact the
parents to assist them; however, the parents would not answer their phones.
- 15 - J-S01033-26
Id. Finally, on February 14, 2024, with CYS paying, L.M. was examined by
another dentist, who informed the family that L.M. needed dental surgery. Id.
After L.M.’s insurance was reinstated, he had dental surgery on November 14,
2024. Id. at 64.
During this time, while he was attending Kindergarten, L.M. exhibited
troubling behavior at school, including “flipping over desks and chairs[,]
attempting to jump out of the window of the classroom[,] kicking, screaming,
swearing, and hitting.” Id. These behaviors occurred regularly when he was
in school, and the school reached out to CYS indicating they were unable to
control his behaviors. Id. On January 16, 2024, L.M. had a mental health
assessment at Family Psychological, and he was diagnosed with ADHD and
provisional conduct disorder. Id. at 65. L.M. was referred for further mental
health treatment; however, there was a delay in L.M. getting the treatment
because his parents had allowed his insurance to lapse. Id.
Additionally, Ms. Schrecengost testified the school also reported that,
from the beginning of the school year in the fall of 2023 to February of 2024,
L.M. had thirty-one absences from school. Id. To address the truancy issue,
the family was referred to JusticeWorks; however, this did not improve L.M.’s
school attendance while he was in the parents’ physical custody. Id.
Ms. Schrecengost testified that, after L.M. was removed from the
physical custody of the parents and placed in foster care, his teachers reported
that L.M.’s behavior improved. Id. Specifically, on April 9, 2024, L.M.’s
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teacher reported L.M. was acting less impulsively and able to calm down more
quickly. Id. He has continued to improve while in foster care. Id. at 66.
Moreover, Ms. Schrecengost testified that, when he came into care, L.M. was
wearing glasses, and in fact, his parents had ordered him prescription glasses
on November 22, 2023, and March 1, 2024. Id. However, CYS took L.M. to
an eye appointment on April 21, 2024, and the doctor discovered L.M. was
wearing “over the counter reading glasses rather than his prescription glasses
that he should have been wearing.” Id.
Regarding O.M., Ms. Schrecengost testified that she had not received
vaccinations since she was four months old, and with CYS’s permission, the
foster parents took O.M. to a physician so that she is now current with her
vaccination requirements. Id. at 67.
Ms. Schrecengost testified that, during the time she was the assigned
caseworker for the family, the parents were difficult to reach by telephone,
and they did not follow-up with service providers. Id. She noted that
JusticeWorks attempted to provide services to the parents, including
budgeting assistance; however, the parents were unsuccessfully discharged
on December 16, 2024. Id. at 68. Ms. Schrecengost testified that
JusticeWorks supervised weekly visits between the parents and the Children;
however, the parents failed to appear for visits from July 9, 2024, to August
27, 2024. Id. At this point, because of the parents’ failure to appear for
visits, JusticeWorks changed the visits to bi-weekly. Id. at 69.
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Ms. Schrecengost testified there have been concerns reported to CYS
about the visits. Id. Specifically, Father has been observed bringing a
backpack to the visits, going into the bathroom, and spending lengthy periods
of time in the bathroom with the backpack. Id. Also, L.M. reported after a
visit that Mother told him to tell “the judge that he wanted to live with his
grandmother.” Id. at 70. Ms. Schrecengost noted that maternal grandmother
was investigated as a possible resource for the Children; however, she already
has Mother’s three older children in her care. Id. at 83. When a visit was
cancelled due to the parents failing to confirm in a timely manner, Father sent
angry text messages to a supervisor at JusticeWorks, and he then appeared
at the JusticeWorks office, cursing and yelling at the supervisor. Id.
As of February of 2025, when Ms. Schrecengost ceased being the
caseworker for the family, visits were occurring at the JusticeWorks offices.
Following the visits, L.M. became “moody” and would not listen to his foster
parents. Id. at 71. O.M. struggled with problematic behaviors after she visited
with the parents. Id. Ms. Schrecengost noted that O.M. has been placed in a
kinship home with Mother’s cousin, and L.M. has been placed in a separate
foster home. Id. She noted CYS tried to keep the Children together; however,
they were unable to find a foster family willing to accept responsibility for
both.
At the time Ms. Schrecengost ceased being the caseworker, L.M. was
doing “great in the foster home;” he called his foster parents “mom” and
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“dad;” and he seemed to get along with the other children in the home. Id.
at 72. L.M. attended therapy weekly, and he was performing better in school
since being placed with his foster parents. Id. at 73. O.M. called her foster
parents “mom” and “dad,” and she played well with the other children in the
home. Id. She received speech therapy. Id. at 74. Based on her
observations, Ms. Schrecengost opined that the Children reacted better to
their respective foster parents, who have indicated a desire to adopt the
Children, than they did to Mother and Father. Id.
Dakota Curran testified he became the CYS caseworker for the family in
February of 2025. Id. at 91. On February 11, 2025, he attended a visit
between the Children and the parents. Id. at 92. On this day, Father tested
negative for all substances, and Mother tested positive for her prescribed
suboxone. Id. Mother reported she quit her job at a gas station because the
“owner was trying to pin [a] robbery on her.” Id. At this time, Father was
receiving social security disability payments. Id. The parents’ rent was past
due, but Community Action paid the rent on March 5, 2025. Id. at 93.
Mr. Curran testified neither parent has met their goal of receiving
alcohol/drug treatment. Id. at 96. He went to the parents’ apartment on
March 11, 2025, and March 19, 2025; however, no one answered the door.
Id. Mr. Curran confirmed that, on March 21, 2025, a probation officer and
the state police entered the apartment and found the parents inside. Id. at
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97. Mother was charged with possession of drug paraphernalia in connection
with the March 21, 2025, incident. Id. at 98.
Mr. Curran testified he visited the apartment on March 26, 2025, and
Father answered the door. Id. at 99. Father told Mr. Curran that he was
having difficulty attending drug and alcohol treatment because he was
receiving cancer treatment. Id. However, in the same conversation, Father
reported he had been discharged from cancer treatment because he missed
too many appointments. Id. at 100. Mr. Curran indicated that Father often
cited his cancer diagnosis as the reason he could not achieve permanency plan
goals; however, Mr. Curran discovered Father was not “actually attending that
[cancer] treatment consistently.” Id. at 101. In fact, as of March of 2025, he
had been “kicked out” of the cancer treatment program for noncompliance.
Id. He noted that, during this time, Father admitted to the probation
department that he was using methamphetamines, and despite Father
claiming to have received drug treatment through the hospital where the
cancer treatment was occurring, Father refused to provide proof of such drug
treatment. Id.
On April 23, 2025, Mr. Curran had a meeting with Mother, who reported
that Father was “using drugs badly, wasn’t going to treatment, had trashed
the apartment.” Id. at 102. On April 28, 2025, Mother reported to Mr. Curran
that Father moved out of the apartment, moved in with his mother, and signed
the housing voucher over to Mother. Id. Mr. Curran noted he unsuccessfully
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attempted to contact Father for several weeks, and he then learned there was
a bench warrant out for Father’s arrest. Id. at 95. Mother has no source of
income to support herself or the Children. Id. at 94.
On May 6, 2025, Mr. Curran attempted to drug screen both of the
parents; however, the results were both “inconclusive.” Id. Mother’s urine
sample did not “activate the temperature strip and was a small sample.” Id.
Father admitted to Mr. Curran that he smoked marijuana that morning and
was taking a prescribed amphetamine; however, “inexplicably,” Father’s urine
test came back negative for all substances. Id. at 103. Mother voluntarily
gave a second urine sample on May 7, 2025; however, it again did not
“activate the temperature strip.” Id. Mr. Curran noted that CYS workers are
not allowed to physically view parents while they are giving urine samples.
Id. Mother admitted that she had been using her prescribed suboxone
inappropriately by injecting it. Id. at 104.
Mr. Curran testified that, since the time he took over as the CYS
caseworker for the family, Mother has not met her goal of receiving drug or
alcohol treatment, and she was incarcerated for a brief time on June 27, 2025,
for failing to appear at a preliminary hearing in relation to the criminal charges
stemming from the March 21, 2025, incident. Id. He also testified Father has
not met his goal of receiving drug or alcohol treatment. Id. He opined that
Mother does not have the resources to provide for the Children’s medical or
educational needs. Id. at 106. He also testified that, since Father refuses to
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receive proper medical care for his cancer, his health is an issue, and he
otherwise cannot provide for the Children’s medical or educational needs. Id.
Mr. Curran further noted that Father had mental health issues, and, to his
knowledge, Father has not received mental health treatment. Id. Father did
not complete his parenting program goal during the time Mr. Curran was the
caseworker. Id.
Mr. Curran testified that he would characterize Mother’s and Father’s
compliance with the permanency plan goals as “minimal.” Id. He indicated
they are difficult to reach. Id. He noted the parents appeared for most visits
with the Children; however, after the visits, L.M.’s behavior regressed with
violent outbursts directed at other children. Id. at 109. O.M. showed concerns
about being removed from her foster family. Id.
Mr. Curran noted L.M. and O.M. are currently with the same pre-
adoptive foster families as they were when he took over the case in February
of 2025. Both sets of foster parents have indicated a desire to continue
allowing L.M. and O.M. to have a relationship with each other. Id. at 111,
123. He has observed L.M. calling his foster parents “mom” and “dad,” and
he seems very comfortable with them. Id. at 110. O.M. is “shy and “reserved”
around Mother and Father; however, she is “open” and “engaging” with her
foster parents. Id.
Mr. Curran testified that CYS’s recommendation is that, due to fifteen
months passing since the Children have been removed from the parents’ care,
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and the parents have made minimal progress towards their goals, the goal for
the Children should be changed from reunification with parents to adoption
with the parents’ rights being terminated. Id. at 112. He testified CYS
believes this would be in the best interest of the Children so that they can
have stability and a home environment that meets their basic needs, which
neither Mother nor Father can provide at this point. Id.
L.M.’s foster father testified that L.M. has been in his home for
approximately eight months, and when he began living there, he was
aggressive and lashed out at other children. Id. at 130. He testified that,
today, if L.M. lashes out, he accepts responsibility and apologizes. Id. L.M.’s
foster father testified that, after visits with Mother and Father, L.M.’s behavior
regresses with the school and bus driver reporting violent outbursts from L.M.
Id. at 131. L.M.’s foster father testified that L.M. is affectionate towards him
and his wife. Id. at 132. He indicated that he has no doubt L.M. loves Mother
and Father; however, L.M. has stated to him that he “just wants the process
to be over.” Id. L.M.’s foster father testified that, after a visit with Mother
and Father, L.M. asked him to explain addiction. Id.
L.M.’s foster father testified that L.M. tells him and his wife that he “loves
them,” he calls them “mom” and “dad,” and he gets along with the other
children in the house. Id. at 133. He confirmed that, if Mother’s and Father’s
parental rights are terminated, he would encourage L.M. and O.M. to visit each
other, and he supports L.M. continuing with therapy. Id. He noted that his
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family attends church, and L.M. accompanies them. Id. at 134. He testified
that he and his wife want to continue giving L.M. a “happy, healthy, and
thriving” home. Id.
Mother testified she has lived in an apartment since November of 2024.
Id. at 138. She testified it is a two-bedroom apartment; however, L.M. would
have his own room while O.M. would share a bedroom with her. Id. at 139.
Mother testified she has a voucher for housing. Id. She indicated Father
moved out of the apartment upon her request because he had “become a little
bit mentally abusive.” Id. at 145. Mother testified she used to work at a gas
station, and she is currently “living off her income tax refund.” Id. at 140.
She “might have a job at Perkins, and she is considering filing for
disability…because [her] health has been pretty bad lately.” Id. She noted
she recently had hand surgery. Id. She indicated she will be able to provide
for the Children in “no more than two months” if she gets the job at Perkins
or social security disability payments. Id. at 147.
She admitted that, when the Children were found dependent, the family
did not have stable housing. Id. Mother acknowledged that “drug use and
[lack of] appointments for [the Children’s] medical” care are among the
reasons the Children were removed from her and Father’s care. Id. Mother
acknowledged that last time she gave Mr. Curran urine samples the results
were inconclusive. Id. at 143. She indicated he let the samples sit too long
before testing them, which resulted in an incorrect urine temperature. Id.
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She noted that the prior test results were positive solely for suboxone, for
which she has a prescription. Id. at 144. She acknowledged that she has
been on suboxone for approximately eight years, but she wants to stop the
drug because she no longer has a “desire for opiates.” Id. at 159.
Regarding her permanency plan goal of drug and alcohol counseling,
Mother testified she has been doing it “online.” Id. at 144. Mother indicated
she does not know the name of the treatment program, and she just “Googles”
to watch treatment. Id. Mother indicated she did not go back to CenClear
because the only location with openings is in Brookville, and her car is not
currently operational. Id. Mother testified she has been sober since the end
of July of 2024. Id. at 145. She indicated that “treatment does not define
my sobriety,” and she has remained sober without a formal treatment
program. Id. at 153. However, she admitted that completing drug and alcohol
treatment was one of her permanency plan goals. Id. at 154.
Mother testified she visits the Children, and during the visits, the
Children ask to go home with her and are affectionate towards her. Id. at
141. She indicated she brought gifts and toys to visits, but L.M. told her to
not buy him presents because he wants the money to go towards Mother’s
apartment. Id. L.M. is “scared of us losing the apartment.” Id.
Mother testified that she has three older children (ages 17, 15, and 9),
and in her opinion, it would be detrimental to break the bond L.M. and O.M.
have with these children. Id. at 142. She acknowledged that her older
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children have lived with maternal grandmother for “several years,” and she
has allowed them to do so because they need stability. Id. at 162. She
indicated her bond with the Children has not been assessed. Id. at 146.
Mother testified she loves the Children, and she wants them to be home with
her. Id. at 149.
She acknowledged L.M. and O.M. have bonds with their respective foster
parents, so if the Children are returned to her care, she would seek counseling
for them and allow the foster parents to visit the Children. Id. Mother testified
she would have the means to take the Children to medical visits because
maternal grandmother has a car. Id. at 148.
Maternal grandmother testified L.M. and O.M. are “close” with their
three older siblings; however, they have not had regular visits since L.M. and
O.M. were found to be dependent. Id. at 172. Maternal grandmother testified
Mother and Father separated in April of 2025, and she believes the “toxic”
relationship played a part in the Children being removed from the parents’
care. Id. at 173. Maternal grandmother testified that, since Mother separated
from Father, she has been more active with the older children. Id. at 174.
Maternal grandmother testified Mother has issues with her hands and
legs. Id. at 175. She echoed Mother’s testimony that, in the next two months,
Mother would be ready to assume care and responsibility for L.M. and O.M.
Id. Maternal grandmother testified Mother loves the Children, and in her
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opinion, there is a bond between them worth preserving. Id. at 176. She
testified the Children are “momma’s babies.” Id.
Maternal grandmother confirmed Mother’s three older children have
lived with her for three years. Id. at 177. She testified it was necessary for
these children to live with her because Mother has not had a large enough
house. Id. Maternal grandmother confirmed that the police came to her house
because of behaviors involving one of Mother’s older children, who is autistic.
Id. at 178. Maternal grandmother acknowledged that she was given an
opportunity to be a kinship resource for L.M.; however, she did not turn in the
necessary paperwork. Id. at 179. She testified that she sought help from
the foster care licensing agency, and “everyone just ignored [her] attempts
to be licensed.” Id. She admitted that, when the Children were removed from
the parents’ physical custody, she was living in a two-bedroom apartment with
the three older children and her boyfriend. Id. at 186. However, she is now
living in a larger residence. Id.
Maternal grandmother testified that she was with Mother when she
asked Mr. Curran for help to get Father out of the apartment in the spring of
2025, and Mr. Curran said he would talk to his supervisors. Id. at 180.
Maternal grandmother testified that Mother never received help thereafter
from Mr. Curran. Id.
Father testified he resides with paternal grandmother, and on November
3, 2024, he was diagnosed with cancer of the esophagus and lymph nodes.
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Id. at 188. He indicated he underwent chemotherapy, which undermined his
ability to meet some of his permanency plan goals, including drug and alcohol
treatment. Id. at 190. He admitted that he did not finish his prescribed
rounds of chemotherapy, and in approximately April of 2025, he was
discharged after he missed several appointments. Id. at 192. He began
seeing an oncologist at a different location. Id.
Father testified he has been going to Clarion Family Therapy for mental
health, and Crossroads every two weeks for drug and alcohol counseling. Id.
He indicated he began drug and alcohol counseling approximately two months
prior to the termination hearing, and he is taking prescribed Adderall and
suboxone. Id. at 193. He also completed parenting classes while he was
incarcerated. Id. at 194. Father testified he realizes he has an addiction, and
he is ready to address it. Id. at 198.
Father testified that he wants L.M. and O.M. to be returned to Mother’s
custody or, alternatively, placed with maternal grandmother. Id. at 201. He
acknowledged that he was not in a position to take custody of the Children
because of his outstanding criminal matter; however, he is trying to get to a
position where he can be a “better parent” and would like visitation. Id. at
202. He testified he and Mother love the Children, and they should be with
family. Id. He testified he is bonded with the Children, as is Mother. Id. at
203.
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Father admitted that, as of June 26, 2025, he was staying at a friend’s
house, and he used methamphetamine two days prior to the termination
hearing. Id. Father admitted that he feels “hopeless,” and he is a drug addict.
Id. at 206. He acknowledged that, as of the day of the termination hearing,
he was unable to care for the Children because he is an active drug addict.
Id. at 215. He indicated that his cancer diagnosis prevented him from
meeting his permanency plan goals, but it did not stop him from going outside
the home, purchasing methamphetamine, and consuming it. Id. at 207.
Father admitted he had not seen his probation officer since May 6, 2025,
and he did not attend a court hearing on June 26, 2025. Id. at 215. Father
indicated he tried to remain free so that he could attend the termination
hearing. Id. Father indicated that Mother transported him for his
chemotherapy appointments, which resulted in her missing visits and other
appointments regarding the Children. Id. at 217. He noted that Mother has
always been better with the Children whereas he has “always been kind of a
slouch.” Id.
Thereafter, the juvenile court entered orders changing the Children’s
permanency goal to adoption. The orphans’ court also entered orders
involuntarily terminating Mother’s parental rights to the Children pursuant to
23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8), and (b). With the assistance of
counsel, Mother filed timely, separate notices of appeal as to each child from
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the orphans’ court’s orders entered in the termination matter.2 Mother also
filed contemporaneous concise statements of errors complained of on appeal
pursuant to Pa.R.A.P. 1925(a)(2)(i) and (b), and Clarion County President
Judge Sara J. Seidle-Patton filed responsive Pa.R.A.P. 1925(a) opinions.3 This
Court sua sponte consolidated Mother’s notices of appeal.
On appeal, Mother presents the following issues in her “Statement of
the Questions Involved” (verbatim):
1. Whether the Trial Court erred or committed an abuse of discretion in terminating Mother’s parental rights pursuant to 23 Pa.C.S.A. § 2511(a)(1)? 2. Whether the Trial Court erred or committed an abuse of discretion in terminating Mother’s parental rights pursuant to 23 Pa.C.S.A. § 2511(a)(2)? 3. Whether the Trial Court erred or committed an abuse of discretion in terminating Mother’s parental rights pursuant to 23 Pa.C.S.A. § 2511(a)(5)? 4. Whether the Trial Court erred or committed an abuse of discretion in terminating Mother’s parental rights pursuant to 23 Pa.C.S.A. § 2511(a)(8)? 5. Whether the Trial Court erred or committed an abuse of discretion in terminating Mother’s parental rights pursuant to 23 Pa.C.S.A. § 2511(b)?
2 Mother did not appeal the juvenile court’s change of goal orders entered in
the dependency matter.
3 We note that President Judge Seidle-Patton presided over both the dependency matters in the juvenile court, as well as the termination matters in the orphans’ court.
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Mother’s Brief at 5.4
Initially, we note that our standard of review is well-settled:
In an appeal from an order terminating parental rights, our scope of review is comprehensive: we consider all the evidence presented as well as the orphans’ court’s factual findings and legal conclusions. However, our standard of review is narrow: we will reverse the orphans’ court’s order only if we conclude that the orphans’ court abused its discretion, made an error of law, or lacked competent evidence to support its findings. The orphans’ court’s judge’s decision is entitled to the same deference as a jury verdict.
In re L.M., 923 A.2d 505, 511 (Pa.Super. 2007) (citations omitted). Further,
we have stated:
Where the orphans’ court’s findings are supported by competent evidence of record, we must affirm the orphans’ court even though the record could support an opposite result. We are bound by the findings of the orphans’ court which have adequate support in the record so long as the findings do not evidence capricious disregard for competent and credible evidence. The orphans’ court is free to believe all, part, or none of the evidence presented, and is likewise free to make all credibility determinations and resolve conflicts in the evidence. Though we are not bound by the orphans’ court’s inferences and deductions, we may reject its conclusions only if they involve errors of law or are clearly unreasonable in light of the orphans’ court’s sustainable findings.
In re M.G., 855 A.2d 68, 73-74 (Pa.Super. 2004) (citations omitted).
4 In the argument portion of her brief, Mother abandons her claim of error under Subsections 2511(a)(1) and (2); however, she contends the orphans’ court erred in concluding CYS met its burden under Subsections 2511(a)(5), (8), and (b). We note that this Court need only agree with the orphans’ court’s findings under any one enumerated Subsection of 2511(a), as well as 2511(b). See In re B.L.W., 843 A.2d 380, 384 (Pa.Super. 2004) (en banc). Here, we focus our analysis on whether the orphans’ court erred in terminating Mother’s parental rights under Subsections 2511(a)(8) and (b).
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The involuntary termination of parental rights is governed by Section
2511 of the Adoption Act, which requires a bifurcated analysis. The orphans’
court must initially determine whether the conduct of the parent warrants
termination under Subsection 2511(a). Only if the court determines that the
petitioner established grounds for termination under Subsection 2511(a) does
it then engage in assessing the petition under Subsection 2511(b), which
involves a child’s needs and welfare. In re T.S.M., 620 Pa. 602, 71 A.3d 251,
267 (2013). To involuntarily terminate parental rights, the petitioner must
prove grounds under both Subsections 2511(a) and (b) by clear and
convincing evidence. Id.
Instantly, the orphans’ court terminated Mother’s parental rights
pursuant to 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8), and (b). In order to
affirm the termination of parental rights, this Court need only agree with the
orphans’ court’s findings under any one enumerated Subsection of 2511(a),
as well as 2511(b). See In re B.L.W., 843 A.2d 380, 384 (Pa.Super. 2004)
(en banc).
In this case, we review the order involuntarily terminating Mother’s
parental rights pursuant to Subsections 2511(a)(8) and (b), which provide as
follows:
(a) General Rule.—The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds: ***
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(8) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency, 12 months or more have elapsed from the date of removal or placement, the conditions which 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. *** (b) Other considerations.—The court in terminating the rights of a parent shall give primary consideration to the developmental, physical and emotional needs and welfare of the child. The rights of a parent shall not be terminated solely on the basis of environmental factors such as inadequate housing, furnishings, income, clothing and medical care if found to be beyond the control of the parent. With respect to any petition filed pursuant to subsection (a)(1), (6) or (8), the court shall not consider any efforts by the parent to remedy the conditions described therein which are first initiated subsequent to the giving of notice of the filing of the petition.
23 Pa.C.S.A. § 2511(a)(8), (b) (bold in original).
Pursuant to Subsection 2511(a)(8), the petitioner must prove (1) the
child has been removed from parental care for 12 months or more; (2) the
conditions which led to the removal or placement of the child continue to exist;
and (3) the termination of parental rights would best serve the needs and
welfare of the child. This Court has explained:
Unlike other subsections, § 2511(a)(8) does not require the court to evaluate a parent’s willingness or ability to remedy the conditions that led to the placement of the child[.] In re M.A.B., 166 A.3d 434, 446 (Pa.Super. 2017). “[T]he relevant inquiry” regarding the second prong of § 2511(a)(8) “is whether the conditions that led to removal have been remedied and thus whether reunification of parent and child is imminent at the time of the hearing.” In re I.J., 972 A.2d 5, 11 (Pa.Super. 2009). Further, the Adoption Act prohibits the court from considering, as part of the § 2511(a)(8) analysis, “any efforts by the parent to remedy the conditions described [in the petition] which are first
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initiated subsequent to the giving of notice of the filing of the petition.” 23 Pa.C.S.A. § 2511(b). Although § 2511(a) generally focuses on the behavior of the parent, the third prong of § 2511(a)(8) specifically “accounts for the needs of the child.” In re C.L.G., 956 A.2d 999, 1008-09 (Pa.Super. 2008) (en banc). This Court has recognized “that the application of [§ 2511(a)(8)] may seem harsh when the parent has begun to make progress toward resolving the problems that had led to the removal of his or her child[.]” In re Adoption of R.J.S., 901 A.2d 502, 513 (Pa.Super. 2006). However, by allowing for termination when the conditions that led to removal of a child continue to exist after a year, the statute implicitly recognizes that a child’s life cannot be held in abeyance while a parent attempts to attain the maturity necessary to assume parenting responsibilities. The court cannot and will not subordinate indefinitely a child’s need for permanence and stability to a parent’s claims of progress and hope for the future. Indeed, we work under statutory and case law that contemplates only a short period of time…in which to complete the process of either reunification or adoption for a child who has been placed in foster care.
In re M.E., 283 A.3d 820, 832 (Pa.Super. 2022) (citation omitted).
Subsection 2511(b) requires the court to “give primary consideration to
the developmental, physical and emotional needs and welfare of the child”
when considering whether to involuntarily terminate parental rights. 23
Pa.C.S.A. § 2511(b). Our Supreme Court, in In re E.M., 533 Pa. 115, 620
A.2d 481 (1993), first recognized that the “emotional needs and welfare”
analysis under Subsection 2511(b) should include, in part, the child’s bond
with his or her parent. In doing so, the Court later articulated that the effect
on the child of severing a bond with a parent requires “a determination of
whether the bond is necessary and beneficial to the child, i.e., whether
maintaining the bond serves the child’s developmental, physical, and
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emotional needs and welfare.” In the Interest of K.T., ___ Pa. ___, 296
A.3d 1085 (2023).
In concluding that CYS proved the grounds for termination by clear and
convincing evidence under Subsections 2511(a)(8) and (b), the orphans’ court
relevantly indicated the following:
On September 22, 2023, [the Children were] declared dependent for concerns with housing instability and the parents’ drug use. [The Children have] three older half-siblings[, who reside with maternal grandmother]. On January 19, 2024, Father was found unresponsive in a hotel room while caring for O.M. and L.M., and subsequently, [Father] was arrested for two counts of endangering the welfare of children. Mother admitted to leaving the Children with Father with the knowledge he was using drugs. Both parents were drug screened and tested positive for methamphetamines. Mother admitted to using drugs with Father. On March 11, 2024, [the Children] were placed in foster care. Since [the Children] were declared dependent and placed in foster care, Mother was to actively engage in drug and alcohol counseling, obtain stable housing, and complete a parenting skills program. Mother was unsuccessfully discharged from drug and alcohol treatment on three separate occasions and never completed the drug and alcohol treatment successfully. Mother’s caseworker said it was difficult to communicate with and screen Mother for drugs. In March 2025, a field visit by Father’s probation officer led to a forceable entry into [the parents’] home because Mother and Father would not answer the door. Father admitted to using methamphetamine, and Mother admitted to ownership of needles found in the home. Mother was charged with possession of drug paraphernalia. In May 2025, Mother’s drug screen results were inconclusive on two occasions because the temperature [of her urine samples] did not activate as appropriate temperature for urine. Housing stability was an issue since the inception of this case and remained an issue at the time of the [termination] hearing. Mother quit her job at a gas station in early 2025 and has been living on income tax refunds until she finds future employment. Until the end of April 2025, Mother continued to
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reside with Father even though she was aware that he was actively using methamphetamine. *** The [orphans’] court found that, based on the evidence and testimony presented at the one-day hearing, [CYS] met its burden in supporting termination under [numerous subsections] of the statute and most significantly under subsection (a)(8). [The Children were found] dependent on September 22, 2023, due to concerns for housing instability and the parents’ drug use. Mother admitted to leaving the [Children] in Father’s care with knowledge he was using drugs. Both parents admitted to using methamphetamine at that time, and Mother tested positive for the substance. One of the primary goals for Mother was to obtain and maintain a sober lifestyle. Mother has been unsuccessfully discharged from drug and alcohol treatment on three separate occasions, with the latest occasion on February 28, 2025. She testified that treatment did not define her sobriety, so she did not need to go. Since the time of the dependency, Mother has not complied with the permanency plan and continued to reside with Father, knowing he is an active addict, until [CYS] filed for involuntary termination of parental rights. Mother is currently facing drug paraphernalia charges and has no income. [Mother admitted that it] will take several months, possibly more, for Mother to be able to demonstrate sufficient stability to care for [the Children]. Housing stability still remains an issue due to a lack of income, [Mother] refuses to comply with treatment and drug testing to verify sobriety, and until recently, [Mother] remained in the home with Father who was actively using methamphetamine. Since being declared dependent in September 2023 [and placed in foster care on March 11, 2024], [the Children] have been in foster care for over fifteen months with no hope of reunification with Mother for, [by Mother’s own admission], at least several more months. The [orphans’] court did not abuse its discretion nor err in finding Mother’s parental rights should be terminated pursuant to 23 Pa.C.S.A. § 2511(a)[(8)]. It is in [the Children’s] best interests for Mother’s parental rights to be terminated so a stable family environment can be achieved for [them]. ***
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Mother also contends the [orphans’] court abused its discretion and/or erred in finding that her parental rights should be terminated pursuant to 23 Pa.C.S.A. § 2511(b)….Mother’s parental rights were terminated pursuant to [Subsection 2511(a)(8) and (b)] with the orphans’ court’s focus on the developmental, physical, and emotional needs, as well as the overall welfare, of the [Children]. L.M. has spent over fifteen months of his life in foster care, developing a stable, loving bond with his foster parents. Initially, L.M. struggled with behavioral issues but quickly showed significant improvement, without medication intervention, within weeks of being removed from the parents’ care. L.M.’s needs are not being adequately addressed by Mother, and there is no indication that they will be met in the future. L.M. is keenly aware of his Mother’s addiction and financial instability. He continues to offer money to help his parents, along with praying for them to stop using drugs. L.M. is thriving and comfortable living with his foster parents. For L.M.’s best interest, it is necessary to terminate Mother’s parental rights to ensure his stability and future well-being. [The orphans’] court did not base its decision on factors that are beyond the control of Mother. Mother’s failure to demonstrate progress was completely within her control and a result of her personal decision-making.
Orphans’ Court Opinion, filed 9/30/25 in 1031 WDA 2025, at 1-6 (citations to
record omitted).
Furthermore, the orphans’ court indicated:
It is in O.M.’s best interest for Mother’s parental rights to be terminated so a stable family environment can be achieved as she is placed in a kinship home and has a bond with her resource family. *** O.M. has spent over fifteen months of her forty-four months of life in foster care, developing a stable life with her foster parents. Since being removed from Mother’s care, O.M. has demonstrated more playful and engaging behavior according to [CYS] staff. O.M.’s needs were not adequately addressed by Mother, and there is no indication that they will be met in the future as Mother still remains without employment, has avoided compliance with drug treatment, and has no plan for stability. For O.M.’s best interest, it is necessary to terminate Mother’s parental
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rights to ensure her stability and future well-being. The [orphans’] court did not base its decision on factors that are beyond the control of Mother.
Orphans’ Court Opinion, filed 9/30/25 in 1032 WDA 2025, at 6-7 (citations to
We find no abuse of discretion. In re L.M., supra (setting forth our
standard of review). With respect to the first prong of Subsection 2511(a)(8),
the record demonstrates the Children have been removed from parental care
for twelve months or more.
With respect to the second prong of Subsection 2511(a)(8), we agree
with the orphans’ court that CYS met its burden of proving the conditions
which led to the removal or placement of the Children continue to exist. See
In re T.S.M., supra (setting forth the burden of proof in termination cases).
Specifically, the Children were removed from Mother’s care due to Mother’s
substance abuse and inability to provide stable housing for the Children.
Despite Mother being offered services, the conditions which led to the removal
or placement of the Children continue to exist. Mother failed to complete drug
and alcohol treatment, and, while she presently lives in an apartment with the
assistance of housing vouchers, she has no income or plan as to how her rent
will be paid in the future. Mother admitted she cannot presently provide for
the Children. Thus, CYS met the second prong of Subsection 2511(a)(8).
With respect to the third prong of Subsection 2511(a)(8), we agree with
the orphans’ court that CYS proved termination of Mother’s parental rights will
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best serve the needs and welfare of the Children. See In re T.S.M., supra.
The Children’s mental, physical, educational, and behavioral needs are being
met by their respective foster families, who intend to adopt the Children. The
orphans’ court found that the Children have developed stable, loving bonds
with their respective foster families. Further, the orphans’ court determined
the Children’s need for permanency and stability is paramount in this case.
We discern no abuse of discretion. In re L.M., supra.
Having determined the orphans’ court properly found CYS met its
burden under Subsection 2511(a)(8), we next examine whether the orphans’
court properly found termination is in the best interests of the Children under
Subsection 2511(b). See In re C.L.G., 956 A.2d at 1009 (holding that, after
we resolve the analysis of the “needs and welfare of the child” under
Subsection 2511(a)(8), we must then address the “needs and welfare of the
child” under Subsection 2511(b)). Bond, permanency, stability, and all other
intangibles are “all of ‘primary’ importance in the Subsection 2511(b)
analysis.” In the Interest of K.T., supra, 296 A.3d at 1109. It is within the
province of the orphans’ court to “consider the totality of the circumstances
when performing a need and welfare analysis.” Id. We will not disturb such
an assessment if the orphans’ court’s factual findings are supported by the
record.
Here, in examining the bond between Mother and the Children, the court
found that Mother does not have a “healthy bond” with the Children. Juvenile
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Court Opinion, filed 9/30/25 in 1014 WDA 2025, at 5-6. The court noted that
L.M., in particular, worries about his parents because of their financial
struggles and drug addiction, which in turn leads him to “carry the burden to
try to remedy his parents’ problems.” Id. However, the Children have stable,
loving bonds with their respective pre-adoptive foster parents. We conclude
the court did not abuse its discretion in holding that, under the totality of the
circumstances, it is necessary to sever any bond between Mother and the
Children so that the Children can have permanency and stability with their
needs being met. In the Interest of K.T., supra.
For all of the foregoing reasons, we affirm.
Orders affirmed.
DATE: 2/18/2026
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Cite This Page — Counsel Stack
In the Interest of: L.M., Appeal of: A.M., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-lm-appeal-of-am-pasuperct-2026.