J-S79031-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: M.M.C., a 

Minor

APPEAL OF: R.C., Father

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IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 1178 EDA 2016

Appeal from the Decree Entered March 10, 2016

in the Court of Common Pleas of Philadelphia County

Family Court at No(s): CP-51-AP-0000592-2015, 

FID: 51-FN-000960-2014

IN THE INTEREST OF: M.A.C., a 

Minor

APPEAL OF: R.C., Father

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IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 1179 EDA 2016

Appeal from the Decree Entered March 10, 2016

in the Court of Common Pleas of Philadelphia County

Family Court at No(s): CP-51-AP-0000591-2015, 

FID: 51-FN-000960-2014

BEFORE: GANTMAN, P.J., MOULTON and MUSMANNO, JJ.

MEMORANDUM BY MUSMANNO, J.: FILED DECEMBER 19, 2016

R.C. (“Father”) appeals the Decrees entered on March 10, 2016, 

granting the Petitions filed by the Philadelphia Department of Human 

Services (“DHS”) for the involuntary termination of his parental rights to his 

two children: M.M.C., a female born in March 2006, and M.A.C., a male born 
J-S79031-16

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in March 2011 (collectively “Children”), pursuant to the Adoption Act, 23 

Pa.C.S.A. § 2511(a)(1), (2), and (b).1 We affirm. 

In its Opinion, the trial court set forth the factual and procedural 

history of this case, which we adopt herein for the purpose of this appeal. 

See Trial Court Opinion, 5/18/16, at 1-3. 

On March 10, 2016, the trial court entered its Decrees granting DHS’s 

Petitions, and involuntarily terminating Father’s parental rights to Children 

pursuant to 23 Pa.C.S.A. § 2511(a)(1), (2), and (b).2 On April 8, 2016, 

Father timely filed Notices of Appeal, along with Concise Statements of 

errors complained of on appeal, pursuant to Pa.R.A.P.(a)(2)(i) and (b). This 

Court, sua sponte, consolidated the appeals.

On appeal, Father raises the following issue for our review:

Did the Court err as a matter of law and abuse its discretion 

when it terminated [F]ather’s parental rights where [DHS] failed 

to present clear and convincing evidence that Father evidenced a 

settled purpose of relinquishing [his] parental claim to 

____________________________________________

1

In its Decrees, the trial court also changed Children’s permanency goals to 

adoption, pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6351. Father has not 

challenged this aspect of the Decrees, and any challenge to those rulings has 

been waived. See Krebs v. United Ref. Co. of Pennsylvania, 893 A.2d 

776, 797 (Pa. Super. 2006) (holding that an appellant waives issues that are 

not raised in both his concise statement of errors complained of on appeal 

and the statement of questions involved in his brief on appeal); see also

Trial Court Opinion, 5/18/16, at 4. 

2 On April 12, 2016, the trial court entered an Order confirming the consent 

by C.B., Children’s biological mother (“Mother”), to the termination of her 

parental rights to Children. Mother did not file an appeal, nor is she a party

to the instant appeal. 
J-S79031-16

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[C]hildren; and failed to present clear and convincing evidence 

that [C]hildren would not be harmed by [the] termination of 

[F]ather’s parental rights[?]

Father’s Brief at 3.3

[A]ppellate courts must apply an abuse of discretion 

standard when considering a trial court’s determination of a 

petition for termination of parental rights. As in dependency 

cases, our standard of review requires an appellate court to 

accept the findings of fact and credibility determinations of the 

trial court if they are supported by the record. If the factual 

findings are supported, appellate courts review to determine if 

the trial court made an error of law or abused its discretion. As 

has been often stated, an abuse of discretion does not result 

merely because the reviewing court might have reached a 

different conclusion. Instead, a decision may be reversed for an 

abuse of discretion only upon demonstration of manifest 

unreasonableness, partiality, prejudice, bias, or ill-will. 

... [U]nlike trial courts, appellate courts are not equipped to 

make the fact-specific determinations on a cold record, where 

the trial judges are observing the parties during the relevant 

hearing and often presiding over numerous other hearings 

regarding the child and parents. Therefore, even where the 

facts could support an opposite result, as is often the case in 

dependency and termination cases, an appellate court must 

resist the urge to second guess the trial court and impose its 

own credibility determinations and judgment; instead we must 

defer to the trial judges so long as the factual findings are 

supported by the record and the court’s legal conclusions are not 

the result of an error of law or an abuse of discretion. 

In re Adoption of S.P., 47 A.3d 817, 826–27 (Pa. 2012) (citations 

omitted).

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3

Father stated his issue differently in his Concise Statement; however, we 

find it preserved for our review. 
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Termination of parental rights is controlled by section 2511 of the 

Adoption Act. See 23 Pa.C.S.A. § 2511. Satisfaction of any one subsection 

of section 2511(a), along with consideration of subsection 2511(b), is 

sufficient for the involuntary termination of parental rights. In re B.L.W., 

843 A.2d 380, 384 (Pa. Super. 2004) (en banc). In this case, we will review 

the trial court’s decision to terminate Father’s parental rights based upon 

subsections 2511(a)(1) and (b), which state the following:

(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:

(1) The parent by conduct continuing for a period of 

at least six months immediately preceding the filing 

of the petition either has evidenced a settled purpose 

of relinquishing parental claim to a child or has 

refused or failed to perform parental duties.

* * *

(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)(1) and (b). 

Father initially contends that the trial court erred in finding that DHS 

presented sufficient evidence to support the termination of his parental 

rights under subsection 2511(a)(1). See Father’s Brief at 11. Father 
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asserts that the trial court abused its discretion in finding that he exhibited a 

settled purpose to relinquish his parental rights. Id. at 12. Father claims 

that, prior to May 2015, his only goal was to maintain communication with 

Children, and that he was fully compliant with this goal. Id. Father 

acknowledges that, in May 2015, the trial court added the goals of attending 

parenting classes, anger management classes and drug and alcohol 

treatment, but argues that the Community Umbrella Agency (“CUA”)4social 

worker assigned to the case, Lashana Kimbrough (“Kimbrough”), never 

checked to see if these programs were immediately available to Father, 

never asked the prison for Father’s participation records, and never 

confirmed what work programs Father was participating in. Id. at 12-13. 

Father contends that, despite Kimbrough’s failure to confirm information 

vital to an assessment of Father’s goal compliance, the trial court 

nevertheless found Father to be minimally compliant with his goals on July 

17, 2015. Id. at 13. Father asserts that, because DHS failed to 

communicate with the prison, it failed to show that Father had not complied 

with his goals. Id. Father claims that he used all available resources to 

preserve his parental relationship with Children while in prison, and the trial 

court erred by terminating his parental rights “almost exclusively” based on 

his imprisonment. Id. 

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4 DHS implemented In-Home Protective Services for Children through CUA.
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With respect to subsection 2511(a)(1), our Supreme Court has held as 

follows:

Once the evidence establishes a failure to perform 

parental duties or a settled purpose of relinquishing 

parental rights, the court must engage in three lines 

of inquiry: (1) the parent’s explanation for his or her 

conduct; (2) the post-abandonment contact between 

parent and child; and (3) consideration of the effect 

of termination of parental rights on the child 

pursuant to Section 2511(b). 

In re Adoption of Charles E.D.M., 708 A.2d 88, 92 (Pa. 1988).

Regarding the termination of the parental rights of an imprisoned 

parent, our Supreme Court reiterated the standard of analysis pursuant to 

subsection 2511(a)(1) for abandonment, noting that a parent has an 

affirmative duty to love, protect and support his child and to make an effort 

to maintain communication and association with that child, and that a 

parent’s imprisonment makes the performance of this duty more difficult. 

See In re Adoption of S.P., 47 A.3d at 828; see also In re Adoption of 

McCray, 331 A.2d 652, 655 (Pa. 1975). Our Supreme Court has further 

stated the following regarding the parental obligations of an imprisoned 

parent:

a parent’s absence and/or failure to support due to 

incarceration is not conclusive on the issue of 

abandonment. Nevertheless, we are not willing to 

completely toll a parent’s responsibilities during his 

or her incarceration. Rather, we must inquire 

whether the parent has utilized those resources at 

his or her command while in prison in continuing a 

close relationship with the child. Where the parent 
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does not exercise reasonable firmness in declining to 

yield to obstacles, his other rights may be forfeited.

In re Adoption of McCray, 331 A.2d at 655 (footnotes, internal quotation 

marks and citation omitted). Further, “incarceration neither compels nor 

precludes termination of parental rights.” In re Adoption of S.P., 47 A.3d 

at 828 (citation omitted).

In its Opinion, the trial court addressed Father’s claim regarding 

subsection 2511(a)(1), set forth the relevant law, and determined that, 

during the six-month period preceding the filing of the Petitions, Father had 

not successfully completed his goals. See Trial Court Opinion, 5/18/16, at 

4-5. The trial court noted that Father has had no contact with Children or 

CUA since early summer 2015, has never reached out to CUA to arrange for 

visitation with Children, and has never met M.A.C. See id. at 5. The trial 

court further determined that Father has not been compliant with court 

Orders, had not utilized the resources available to him in prison to create 

and sustain a parent-child relationship with Children, and that Father’s own 

conduct had caused him to be placed in solitary confinement and to lose his 

phone privileges. Id. After a careful review of the record in this matter, we 

find the record supports the trial court’s factual findings, and its conclusions 

are not the result of an error of law or an abuse of discretion. In re 

Adoption of S.P., 47 A.3d at 827. Accordingly, we affirm the trial court’s 
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termination of Father’s parental rights to the Children pursuant to subsection 

2511(a)(1).5

Father also challenges the sufficiency of the evidence to support the 

trial court’s determination that the requirements of subsection 2511(b) had 

been satisfied. Father’s Brief at 16. Father contends that there was 

insufficient evidence to support a finding that the termination of his parental 

rights best serves Children’s needs and welfare, and that there was no 

relationship between him and Children that would cause Children to suffer 

irreparable harm if his rights were terminated. Id. at 15-16. Father claims 

that he has been in regular contact with Children through telephone 

conversations and letters, and that Children are aware of their familial 

relationship with him. Id. at 16. Father complains that the CUA social 

worker did not speak with Children, or consider the importance that Children 

have a father figure in their lives, before reaching her conclusion that 

____________________________________________

5 As we have determined that the trial court did not err in determining that 

the requirements of subsection 2511(a)(1) were satisfied, we need not 

address Father’s arguments regarding subsection 2511(a)(2). See In re 

B.L.W., 843 A.2d at 384. Father also purports to challenge the termination 

of his parental rights under subsections 2511(a)(5) and (8). See Father’s 

Brief at 11. However, Father’s brief includes no discussion of these 

subsections. See Pa.R.A.P. 2119(a). Moreover, the trial court did not base 

the termination of Father’s parental rights on either of those subsections. 

See Trial Court Decrees, 3/10/16, at 1 (basing the termination of Father’s 

parental rights on subsections 2511(a)(1), (2) and (b)). Accordingly, we 

decline to address Father’s bald claim regarding subsections 2511(a)(5) and 

(8).
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Children would not suffer irreparable harm if his parental rights were 

terminated. Id.

We have explained that, whereas the focus in terminating parental 

rights under subsection 2511(a) is on the parent; under subsection 2511(b), 

it is on the child. See In re Adoption of C.L.G., 956 A.2d 999, 1008 (Pa. 

Super 2008) (en banc). In reviewing the evidence in support of termination 

under subsection 2511(b), our Supreme Court has stated as follows:

[I]f the grounds for termination under subsection (a) are met, a 

court “shall give primary consideration to the developmental, 

physical and emotional needs and welfare of the child.” 23 

Pa.C.S.[A.] § 2511(b). The emotional needs and welfare of the 

child have been properly interpreted to include “[i]ntangibles 

such as love, comfort, security, and stability.” In re K.M., 53 

A.3d 781, 791 (Pa. Super. 2012). In In re E.M., [620 A.2d 481, 

485 (Pa. 1993)], this Court held that the determination of the 

child’s “needs and welfare” requires consideration of the 

emotional bonds between the parent and child. The “utmost 

attention” should be paid to discerning the effect on the child of 

permanently severing the parental bond. In re K.M., 53 A.3d at 

791.

In re T.S.M., 71 A.3d 251, 267 (Pa. 2013). 

A parent’s abuse and neglect are likewise a relevant part of this 

analysis: 

concluding a child has a beneficial bond with a parent simply 

because the child harbors affection for the parent is not only 

dangerous, it is logically unsound. If a child’s feelings were the 

dispositive factor in the bonding analysis, the analysis would be 

reduced to an exercise in semantics as it is the rare child who, 

after being subject to neglect and abuse, is able to sift through 

the emotional wreckage and completely disavow a parent .... 

Nor are we of the opinion that the biological connection between 

[the parent] and the children is sufficient in of itself, or when 

considered in connection with a child’s feeling toward a parent, 
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to establish a de facto beneficial bond exists. The psychological 

aspect of parenthood is more important in terms of the 

development of the child and [his or her] mental and emotional 

health than the coincidence of biological or natural parenthood.

In re K.K.R.-S., 958 A.2d 529, 535 (Pa. Super. 2008) (internal citations 

and quotation marks omitted); see also In re T.S.M., 71 A.3d at 267 

(noting that that even the most abused of children will often harbor some 

positive emotion towards the abusive parent); In re K.Z.S., 946 A.2d 753, 

763-64 (Pa. Super. 2008) (affirming the involuntary termination of the 

mother’s parental rights, despite the existence of some bond, where 

placement with the mother would be contrary to the child’s best interests, 

and any bond with the mother would be fairly attenuated when the child was 

separated from her, almost constantly, for four years).

Further, “a parent’s basic constitutional right to the custody and 

rearing of ... [his] child is converted, upon the failure to fulfill ... [his] 

parental duties, to the child’s right to have proper parenting and fulfillment 

of [the child’s] potential in a permanent, healthy, safe environment.” In re 

B., N.M., 856 A.2d 847, 856 (Pa. Super. 2004) (internal citations omitted); 

see also In re Adoption of C.L.G., 956 A.2d at 1007 (noting that a child’s 

life simply cannot be put on hold in the hope that a parent will summon the 

ability to handle the responsibilities of parenting).

Here, the trial court credited the testimony of Kimbrough that Father 

and Children have no parent-child bond and that there would be no 

irreparable harm to Children if Father’s parental rights were terminated. 
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See Trial Court Opinion, 5/18/16, at 6; see also id. (wherein the trial court 

noted that Father has not seen M.M.C. in over six years and has never met 

M.A.C.). The trial court further determined that it would be in Children’s 

best interests to be adopted by Children’s foster mother (their maternal 

great-grandmother), who has been a safe and permanent caregiver for them 

for the past two years, and who seeks to adopt them. Id. at 7. After a 

careful review of the record in this matter, we find that the record supports 

the trial court’s factual findings, and the court’s conclusions are not the 

result of an error of law or an abuse of discretion with regard to subsection 

2511(b). See In re Adoption of S.P., 47 A.3d at 827. Accordingly, we 

affirm the trial court’s determination that the requirements of subsection 

2511(b) were satisfied.

We, therefore, affirm the Decrees terminating Father’s parental rights 

with regard to Children under subsections 2511(a)(1) and (b).

Decrees affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 12/19/2016
Page I of7 

Factua] and Procedura] Background: 

The family in this case became known to OHS on March 11, 2011, when OHS received a General 

Protective Services ("OPS") report that C.B. ("Mother") had tested positive for cocaine, opiates, 

methadone and benzodiazepines when she gave birth to Child 2. OHS implemented In-Home 

Protective Services ("IHPS") in the home ofC.S., ("Foster Mother") the Children's maternal greatgrandmother. On March 20, 2014, OHS received a OPS report that Child 2 was running naked in 

a supermarket while Mother was asleep in the store. Mother could not be awakened, and was 

taken to the Emergency Room where she tested positive for cocaine, opiates, methadone and 

benzodiazepines. OHS implemented IHPS through a Community Umbrella Agency, ("CUA") 

which held a Single Case Plan ("SCP") meeting on April 14, 2014. The goal under the SCP was 

to stabilize the family. Father was incarcerated, having plead guilty to drug-related offenses on 

January 23, 2004. Mother left the home and could not be located by CUA. The court adjudicated 

Appellant R.C. ("Father") appeals from the order entered on March 10, 2016, granting the petition 

filed by the Philadelphia Department of Human Services ("OHS"), to involuntarily terminate 

Father's parental rights to M.A.C. ("Child l ") and M.M.C. ("Child 2") ("Children") pursuant to 

the Adoption Act, 23 Pa.C.S.A. §251 l(a)(l), (2) and (b). Janice Sulman, Esq., counsel for Father, 

filed a timely Notice of Appeal with a Statement of Matters Complained of on Appeal pursuant to 

Rule l 925(b ). 

Fernandes, J.: 

OPINION 

APPEAL OF: R.C., Father 1178/1179 EDA 2016 

FID: 5l-FN-000960-2014 

In the Interest of M.M.C., a Minor 

CP-5l-DP-0000991-2014 

CP-51-AP-0000591-2015 

CP-5 l-DP-0000992-20 I 4 

CP-5l-AP-0000592-2015 

In the Interest of M.A.C., a Minor 

IN THE COURT OF COMMON PLEAS 

FOR THE COUNTY OF PHILADELPHIA 

FAMILY COURT DIVISION 

Circulated 12/02/2016 12:59 PM
Page 2 of 7 

The goal change and termination trial was held over two days, January 27, 2016, and March 10, 

2016. On January 27, 2016, the CUA social worker testified that Father's objectives under the 

SCP were to take parenting and anger management classes, engage in drug and alcohol treatment 

and maintain phone contact with the Children. (N.T. 1/27/16, pg. 23). Father was incarcerated for 

drug offenses, his minimum release date was January 2017, and his maximum release date was 

August 2017. (N.T. 1/27/16, pgs. 23-24, 39). Father was in "the hcle'' - solitary confinement - 

and his phone privileges were revoked. Father still occasionally maintained contact with CUA 

and sent the Children letters via CUA. (N.T. 1/27/16, pgs. 5, 26, 46). The prison where Father is 

incarcerated offers parenting, anger management and drug and alcohol programs. CUA contacted 

the social worker in the prison, who confomed that Father had taken anger management classes in 

2012, prior to the Children coming into care. CUA was not able to confirm whether Father 

completed the classes. (N.T. 1/27/16, pgs. 37-38). The CUA social worker was not able to confirm 

whether Father engaged in any other programs. The prison social worker informed CUA that 

Father had "no engagement" since 2012. (N.T. 1/27/16, pgs. 25, 38). Father worked in prison, 

but the social worker did not know what job Father was employed in. (N.T. 1/27/16, pg. 39). 

Father had been found fully compliant in the past only because he had a single objective: to 

maintain contact and make himself known. (N.T. 1/27/16, pgs. 35-36). Father has never met Child 

2. He has never set up a visit with the Children at the prison. (N.T. 1/27/16, pg. 45). The CUA 

social worker testified that there was no strong bond between Father and the Children and that 

there would be no irreparable harm if Father's rights were terminated. A goal of adoption would 

be in the best interest of the Children. The Children are placed with Foster Mother, their maternal 

the Children dependent on May 2, 2014, fully committing them to OHS custody and placing them 

with Foster Mother. At an October 28, 2014, permanency review the court found that Father had 

been fully compliant with the SCP, and was having twice-weekly phone contact with the Children. 

Father was found fully compliant at February 18, 2015, and May 8, 2015, permanency reviews. 

CUA was ordered to make outreach to Father in prison to see what programs he was engaged with, 

and to explore visits. Father was found minimally compliant at a July 17, 2015, permanency 

review and was ordered to have telephone contact with the Children. Petitions to involuntarily 

terminate Father's parental rights to the Children and change the permanency goal to adoption 

were filed on August 13, 2015. 
Page 3 of 7 

I Mother's parental rights were also involuntarily terminated, but Mother has not appealed. 

Discussion: 

Father raises the following errors on appeal: 

1. The trial court erred as a matter of law and abused its discretion by terminating Father's 

parental rights where there is no clear and convincing evidence that Father has evidenced 

a settled purpose of relinquishing parental claim to his child or has refused or failed to 

perform parental duties. 

2. The trial court erred as a matter of law and abused its discretion by terminating Father's 

parental rights as there is no clear and convincing evidence that there is continued 

incapacity, abuse, neglect, or refusal by Father to parent that has caused the child to be 

without essential parental care, control or subsistence necessary for his physical or mental 

well-being nor is there clear and convincing evidence that Father cannot remedy any 

conditions and causes of the incapacity, abuse, neglect or refusal. 

3. The trial court erred as a matter of law and abused its discretion by terminating Father's 

parental rights as there was insufficient evidence presented to break the bond the child 

On March 10, 2016, Father's counsel informed the court that Father would not testify by phone; 

he did not wish to participate in the hearing. (N.T. 3/10/16, pgs. 5, 27). The CUA social worker 

testified that there was no bond between the Children and Father, so the Children would suffer no 

irreparable harm if Father's parental rights were terminated. Foster Mother provides for all the 

Children's needs, and has a maternal bond with the Children. (N.T. 3/10/16, pgs. 8-9). The court 

found clear and convincing evidence to terminate Father's parental rights under 23 Pa.C.S.A. 

§251 l(a)(l), (2) and (b). The court also found that DHS had made reasonable efforts to reunify 

the Children with Father, and that it was in the best interest of the Children to change their 

permanency goal to adoption. (N.T. 3/10/16, pgs. 30). On April 8, 2016, Father filed this appeal.' 

great-grandmother. Foster Mother is a pre-adoptive resource. (N.T. 1/27/16, pg. 27). The 

Children are bonded with Foster Mother, and she provides for their needs, including therapy and 

school. (N.T. 1/27/16, pgs. 28-29, 33-34). The court did not render a decision at this hearing, 

giving Father another chance to testify by phone at the next trial date. (N.T. 1/27/16, pgs. 8-9). 
Page 4 of 7 

The petitions for involuntary termination were filed on August 13, 2015. Father's SCP objectives 

were to take parenting and anger management classes, engage in drug and alcohol treatment and 

maintain contact with the Children. (N.T. 1/27/16, pgs. 23, 25). The CUA social worker testified 

that these classes were all available to Father in prison. During the six-month period preceding 

Father has not appealed the change of the Children's permanency goal to adoption, so he has 

waived the right to appeal the goal change. Father has appealed the involuntary termination of his 

parental rights. The grounds for involuntary termination of parental rights are enumerated in the 

Adoption Act at 23 Pa.C.S.A. §2511 (a), which provides the following grounds for §2511 (a)(l ): 

(a) General rule - The rights of a parent, in regard to a child, may be terminated after a 

petition is filed on any of the following grounds: 

( 1) The parent, by conduct continuing for a period of at least six months immediately 

preceding the filing of the petition, has either evidenced a settled purpose of relinquishing 

parental claim to a child or has refused or failed to perform parental duties. 

In proceedings to involuntarily terminate parental rights the burden of proof is on the party seeking 

termination, which must establish the existence of grounds for termination by clear and convincing 

evidence. In re Adoption of Atencio, 650 A.2d 1064 (Pa. 1994 ). To satisfy section (a)(l ), the 

moving party must produce clear and convincing evidence of conduct sustained for at least six 

months prior to the filing of the termination petition, which reveals a settled intent to relinquish 

parental claim to a child or a refusal or failure to perform parental duties. However, the six-month 

time period should not be applied mechanically; instead, the court must consider the whole history 

of the case. In re B.NM, 856 A.2d 847, 855 (Pa. Super. 2004). The standard of clear and 

convincing evidence is defined as testimony that is so clear, direct weighty and convincing as to 

enable the trier of fact to come to a clear conviction without hesitance of the truth of precise facts 

in issue. A parent's incarceration does not preclude termination of parental rights if the 

incarcerated parent fails to utilize the given resources and to take affirmative steps to support a 

parent-child relationship. In re D.J.S.. 737 A.2d 283 (Pa. Super. 1999). 

shared with Father where there was not clear and convincing evidence that the child would 

not be harmed by the termination 

4. The trial court erred as a matter oflaw and abused its discretion when it terminated Father's 

parental rights. 
Page 5 of 7 

Father has demonstrated a pattern of noninvolvement with the Children and noncompliance with 

his SCP objectives and court orders. Father has not engaged in any parenting, anger management 

or drug and alcohol programs since the start of this case, even though these programs were all 

available to him in prison. (N.T. 1/27/16, pg. 25). Father never took any steps to arrange visits 

with the Children while in prison. (N.T. 1/27/16, pgs. 27, 45). As a result of Father's refusal to 

parent, Child 2 has never even met Father in person. (N.T. 1/27/16, pg. 27). At the start of this 

case Father was able to maintain phone contact with the Children, but since summer of 2015, his 

The trial court also terminated Father's parental rights under 23 Pa.C.S.A. §2511 (a)(2). This 

section of the Adoption Act includes, as a ground for involuntary termination of parental rights, 

the repeated and continued incapacity, abuse, neglect or refusal of the parent that causes the child 

to be without essential parental care, control or subsistence necessary for his physical or mental 

well-being; and the conditions and causes of the incapacity, abuse, neglect or refusal cannot or will 

not be remedied by the parent. This ground is not limited to affirmative misconduct. It may include 

acts of refusal to perform parental duties, but focuses more specifically on the needs of the child. 

Adoption o(C.A. W, 683 A.2d 911, 914 (Pa. Super. 1996). 

the filing of the petitions, Father has not successfully completed any of these programs. Looking 

beyond the six-month period, the prison social worker informed CUA that Father had had "no 

engagement" since 2012, two years before the Children came into care. (N .T. 1/27 I 16. pgs. 25, 

38). The court heard testimony that Father took anger management in 2012, but not whether he 

completed it. (N.T. 1/27/16, pgs. 37-38). Father's only other objective was to maintain phone 

contact with the Children. Father, by his own conduct, has been placed in solitary confinement 

and lost his phone privileges. He has had no phone contact with the Children or CUA since early 

summer 2015. (N.T. 1/27/16, pgs. 26, 46). Father sent CUA letters, but only sporadically. (N.T. 

1/27/16, pg. 41). He has never reached out to CUA to set up visitation with the Children, and has 

never even met Child 2. (N.T. 1/27/16, pg. 27, 45). Throughout the life of this case Father has 

never been compliant with court orders. He has not utilized the resources available to him in prison 

to create and sustain a parent-child relationship. As a result the trial court did not abuse its 

discretion by finding clear and convincing evidence that Father, by his conduct, had refused and 

failed to perform parental duties under Section 2511 (a)(l ), so termination under this section was 

proper. 
Page 6 of 7 

The CUA social worker testified that Father and the Children have no paternal bond. Father has 

not seen Child 1 in over six years and has never met Child 2 in person. (N.T. 1/27/16, pg. 27), 

(N.T. 3/10/16, pg. 9). Father has never attempted to arrange visits with the Children. (N.T. 

1/27/16, pgs. 27, 45). Father lost his phone access in the early summer of 2015, and has 

communicated with the Children by mail since. (N.T. 1/27/16, pgs. 5, 26, 46). The CUA social 

worker testified that there would be no irreparable harm if Father's parental rights were terminated. 

After a finding of any grounds for termination under Section (a), the court must, under 23 

Pa.C.S.A. §2511 (b ), also consider what - if any - bond exists between parent and child. In re 

Involuntary Termination of CW.SM. and K.A.l.M. 839 A.2d 410, 415 (Pa. Super. 2003). The 

trial court must examine the status of the bond to determine whether its termination "would destroy 

an existing, necessary and beneficial relationship". In re Adoption o(TB.B. 835 A.2d 387, 397 

(Pa. Super. 2003). ln assessing the parental bond, the trial court is permitted to rely upon the 

observations and evaluations of social workers. In re K.Z.S.. 946 A.2d 753, 762-763 (Pa. Super. 

2008). In cases where there is no evidence of any bond between the parent and child, it is 

reasonable to infer that no bond exists. The extent of any bond analysis depends on the 

circumstances of the particular case. In re K.Z.S. at 762-763. However under 23 Pa.C.S.A. 

§25 I I (b ), 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, if found to be beyond the 

control of the parent. 

own conduct has placed him in solitary confinement without access to a phone. (N.T. 1/27/16, 

pgs. 5, 23-24). Father wrote two letters to the Children only via the CUA. (N.T. J/27/16, pg. 41). 

When given the opportunity by the court, Father did not wish to participate in the hearing, or be 

present by phone as explained by Father's counsel. (N.T. 3/10/16, pgs. 5, 27). The Children have 

been in care since May 2, 2014. During that time, Father has failed to take affirmative steps to 

place himself in a position to parent the Children. Father will not even be eligible for release until 

January 2017. (N.T. 1/27/16, pg. 39). Father's failure to comply with court orders shows that 

Father would be unable to remedy the causes of his incapacity in order to provide the Children 

with essential parental care, control or subsistence necessary for their physical and mental wellbeing. The Children need permanency, which Father cannot provide. Termination under Section 

25 I I (a)(2) was proper. 
Page 7 of 7 

Conclusion: 

For the aforementioned reasons, the court found that DHS met its statutory burden by clear and 

convincing evidence regarding termination of Father's parental rights pursuant to 23 Pa.C.S.A. 

§2511 ( a )(1 ), (2) and (b) since it would best serve the Children's emotional needs and welfare. The 

trial court's termination of Father's parental rights was proper and should be affirmed. 

(N.T. 1/27/16, pg. 27), (N.T. 3/10/16, pg. 8). It would be in the Children's best interest to be 

adopted by Foster Mother. (N.T. 1/27/16, pg. 27). Foster Mother and the Children have a parentchild bond, and she cares for their daily needs, including therapy and school. Foster Mother has 

been a safe and permanent caregiver for the Children for two years, and seeks to adopt them. (N.T. 

1/27/16, pgs. 28-29, 33-35), (N.T. 3/10/16, pgs. 8-9). Consequently, the court did not abuse its 

discretion when it found that it was clearly and convincingly established that there was no parental 

bond, and that termination of Father's parental rights would not destroy an existing beneficial 

relationship.