Kelly Buick, Inc. v. Knowles, 36 A.3d 567 (Pa. 2011). · Go Syfert
Kelly Buick, Inc. v. Knowles, 36 A.3d 567 (Pa. 2011). Cases Citing This Book View Copy Cite
380 citation events (380 in the last 25 years) across 3 distinct courts.
Strongest positive: In the Int. of: K.T. Apl of: CYF (pa, 2023-06-21)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) In the Int. of: K.T. Apl of: CYF (2×) also: Cited as authority (rule)
Pa. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
questions regarding the propriety of an order granting or denying a goal change petition are, of course, discrete inquiries requiring an analysis of interests exquisitely separable from those interests reviewed in questions relating to the involuntary termination of parental righ…
examined Cited as authority (verbatim quote) In the Int. of: K.T. Apl of: K.T. (2×) also: Cited as authority (rule)
Pa. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
questions regarding the propriety of an order granting or denying a goal change petition are, of course, discrete inquiries requiring an analysis of interests exquisitely separable from those interests reviewed in questions relating to the involuntary termination of parental righ…
examined Cited as authority (verbatim quote) In the Int. of: C.P., Appeal of: T.P.
Pa. Super. Ct. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
we state emphatically that this court has never adopted or countenanced a view that incarceration alone is per se evidence of parental incapacity or that it represents appropriate and sufficient grounds for the involuntary termination of parental rights.
discussed Cited as authority (rule) In the Interest of: B.A.N.
Pa. Super. Ct. · 2026 · confidence medium
Our Supreme Court has defined clear and convincing evidence as “testimony that is so clear, direct, weighty, and convincing as to enable the trier of fact to come to a clear conviction, without hesitation, of the truth of the precise facts in -5- J-S14033-26 issue.” In re R.I.S., 36 A.3d 567, 572 (Pa. 2011) (citing In re Adoption of Atencio, 650 A.2d 1064 (Pa. 1994)).
discussed Cited as authority (rule) In Re: A.K., Appeal of: J.K.
Pa. Super. Ct. · 2025 · confidence medium
The right to “raise one’s children has long been recognized as one of our basic civil rights[, and] the complete and irrevocable termination of parental rights is one of the most serious and severe steps a court can take.” In re R.I.S., 36 A.3d 567, 572 (Pa. 2011) (plurality) (citations omitted).
cited Cited as authority (rule) In the Interest of: R.F., a Minor
Pa. Super. Ct. · 2025 · confidence medium
Moreover, “the burden is on the child welfare agency . . . to prove that a change in goal would be in the child’s best interest.” In re R.I.S., 36 A.3d 567, 573 (Pa. 2011).
cited Cited as authority (rule) In Re: C.L.C., Jr., a minor
Pa. Super. Ct. · 2025 · confidence medium
In re T.L.H., ___ A.3d ___, ___, 2025 PA Super 102 , 2025 WL 1375945 at *9 (Pa.Super. 2025) (quoting In re R.I.S., 614 Pa. 275, 284-87 , 36 A.3d 567, 572-74 (2011)).
examined Cited as authority (rule) In Re: T.L.H., Jr., a Minor (6×)
Pa. Super. Ct. · 2025 · confidence medium
Because the instant decree did not reference either Section 2511(a)(5) and (a)(8) as grounds for termination, we do not address these grounds. - 14 - J-S01002-25 Father’s Brief at 4 (some formatting altered).14 Standard of Review In reviewing Father’s appeal, we are mindful that “the grounds of termination must be demonstrated by clear and convincing evidence[]” by the party seeking termination, in order to protect both “a parent’s substantive due process rights” and fundamental parental rights, “while also ensuring the safety and permanency needs of dependent children.” See …
discussed Cited as authority (rule) In the Int. of: L.T.R., a Minor
Pa. Super. Ct. · 2025 · confidence medium
Father maintains that he utilized the “opportunities [that are] available in prison to make sincere efforts to maintain a place of importance in the li[fe] of his … [C]hild[.]” Id. at 14 (quoting In re R.I.S., 36 A.3d 567, 574 (Pa. 2011) (plurality)).
cited Cited as authority (rule) In the Int. of: W.U., Jr., Appeal of: S.U.
Pa. Super. Ct. · 2024 · signal: cf. · confidence medium
Cf. In re R.I.S., [] 36 A.3d 567, 579 (Pa. 2011) (plurality opinion) (Baer, J., concurring) (“It is incumbent upon the judicial system to be child-focused.
discussed Cited as authority (rule) In Re: B.K., Appeal of: Somerset County CYS (2×)
Pa. Super. Ct. · 2024 · confidence medium
In re: RIS, supra, at 572.
cited Cited as authority (rule) In Re: K.H., Appeal of: CYF
Pa. Super. Ct. · 2024 · signal: cf. · confidence medium
Cf. In re R.I.S., [] 36 A.3d 567, 579 ([Pa.] 2011) (plurality opinion) (Baer, J., concurring) (“It is incumbent upon the judicial system to be child-focused.
discussed Cited as authority (rule) In Re: Adoption of G.W., Appeal of: CYS (2×) also: Cited "see"
Pa. Super. Ct. · 2024 · confidence medium
In re R.I.S., 36 A.3d 567, 573 (Pa. 2011).
cited Cited as authority (rule) In Re: C.D.J.H, Appeal of: R.S.
Pa. Super. Ct. · 2023 · confidence medium
In re: R.I.S., 36 A.3d 567, 573-74 (Pa. 2011) (plurality opinion); cf. S.P., 47 A.3d at 828 .
cited Cited as authority (rule) Adoption of: J.L.D. Appeal of: O.E.
Pa. Super. Ct. · 2023 · signal: cf. · confidence medium
Cf. In re R.I.S., 614 Pa. 275 , 36 A.3d 567, 579 (2011) (plurality opinion) (Baer, J., concurring) (“It is incumbent upon the judicial system to be child-focused.
cited Cited as authority (rule) In the Interest of: A.B., Appeal of: B.B.
Pa. Super. Ct. · 2023 · confidence medium
Id.; In re R.I.S., 36 A.3d 567, 572 (Pa. 2011) (plurality).
discussed Cited as authority (rule) Term. of Par. Rights to N.I.G., Appeal of: M.G.
Pa. Super. Ct. · 2023 · confidence medium
Each involuntary termination case involving an incarcerated person is analyzed on its own facts, “keeping in mind . . . that the child’s need for consistent parental care and stability cannot be put aside or put on hold.” See In re R.I.S., 36 A.3d 567, 569 (Pa. 2011), quoting In re E.A.P., 944 A.2d 79, 84 (Pa. Super. 2008).
cited Cited as authority (rule) In the Matter of: S.L.J.V., a Minor
Pa. Super. Ct. · 2023 · confidence medium
Id.; R.I.S., [ 36 A.3d 567, 572 (Pa. 2011) (plurality opinion)].
discussed Cited as authority (rule) In the Int. of: M.E.B.-H., Appeal of: M.H.
Pa. Super. Ct. · 2022 · confidence medium
“Questions regarding the propriety of an order granting or denying a goal change petition are … discrete inquiries requiring an analysis of interests exquisitely separable from those interests reviewed in questions relating to the involuntary termination of parental rights.” In re R.I.S., 36 A.3d 567, 575 (Pa. 2011).
discussed Cited as authority (rule) In the Int. of: A.G.M., Appeal of N.W.M.
Pa. Super. Ct. · 2022 · confidence medium
Indeed, the law in Pennsylvania is quite the opposite, and we reiterate the definitive principle that when a parent uses the opportunities that are available in prison to make sincere efforts to maintain a place of importance in the lives of his or her children, incarceration alone will not serve as grounds for involuntary termination of Father’s parental rights.” In re R.I.S. & A.LS., 36 A.3d 567, 574 (Pa. 2011) The Court further explained that the court must inquire as to whether the parent had utilized resources at his or her command while in prison In pursuing a close relationship with…
discussed Cited as authority (rule) In the Int. of: A.F., Appeal of: H.H. (2×)
Pa. Super. Ct. · 2022 · confidence medium
While incarceration alone cannot - 12 - J-A27011-21 form a basis for the termination of parental rights, “[a]n incarcerated parent desiring to retain parental rights must exert him[self] to take and maintain a place of importance in the child’s life.” In re R.I.S. 36 A.3d 567, 573 (Pa. 2011).
cited Cited as authority (rule) In the Int. of: G.R., Appeal of: A.R.
Pa. Super. Ct. · 2022 · confidence medium
Id.; R.I.S., 36 A.3d 567, 572 (Pa. 2011) (plurality).
discussed Cited as authority (rule) In the Int. of: H.W., Appeal of: M.W.
Pa. Super. Ct. · 2021 · confidence medium
While the majority relies on In re R.I.S., 36 A.3d 567, 569 (Pa. 2011), for the proposition that “a parent’s incarceration, standing alone, cannot constitute proper grounds for the termination of his or her parental rights,” it neglected the trial court’s finding that Father failed to use reasonable efforts to overcome the obstacle of his incarceration.
examined Cited as authority (rule) In the Int. of: H.W., Appeal of: M.W. (5×) also: Cited "see"
Pa. Super. Ct. · 2021 · confidence medium
In re R.I.S., 36 A.3d 567, 573 (Pa. 2011) (citations omitted).
cited Cited as authority (rule) In Re: Adoption of: L.A.K. Apl of: C.K.
Pa. · 2021 · confidence medium
Id. at 13-14 (citing In re R.I.S., 36 A.3d 567, 572 (Pa. 2011); In re Adoption of Atencio, 650 A.2d 1064, 1066 (Pa. 1994)).
cited Cited as authority (rule) In Re: Adoption of: A.L.K. Apl of: C.K.
Pa. · 2021 · confidence medium
Id. at 13-14 (citing In re R.I.S., 36 A.3d 567, 572 (Pa. 2011); In re Adoption of Atencio, 650 A.2d 1064, 1066 (Pa. 1994)).
cited Cited as authority (rule) Adoption of: R.J., aka, R.R.M., Appeal of: C.J.
Pa. Super. Ct. · 2021 · confidence medium
Id.; R.I.S., [ 36 A.3d 567, 572 (Pa. 2011) (plurality opinion)].
cited Cited as authority (rule) In the Interest of: J.D., Appeal of: J.C.
Pa. Super. Ct. · 2021 · confidence medium
Id.; R.I.S., 36 A.3d 567, 572 (Pa. 2011) [(plurality opinion)].
discussed Cited as authority (rule) In the Int. of: M.G., Appeal of: J.G.
Pa. Super. Ct. · 2021 · confidence medium
Our Supreme Court has stated, “the burden is on the child welfare agency . . . to prove that a change in goal would be in the child’s best interest.” In re R.I.S., 36 A.3d 567, 573 (Pa. 2011). - 16 - J-A19041-21 Father asserts that reunification remained a viable option because there was no evidence that he lacked the capacity to parent.
cited Cited as authority (rule) In Re: D.A.W., Jr., a Minor
Pa. Super. Ct. · 2021 · confidence medium
Id.; R.I.S., 36 A.3d 567, 572 (Pa. 2011) (plurality).
cited Cited as authority (rule) In the Int. of: M.F.G., Appeal of: K.F.
Pa. Super. Ct. · 2021 · confidence medium
As the Supreme Court stated, “the burden is on the child welfare agency . . . to prove that a change in goal would be in the child’s best interest.” In re R.I.S., 36 A.3d 567, 573 (Pa. 2011).
cited Cited as authority (rule) Adoption of: I.C., Appeal of: T.C.
Pa. Super. Ct. · 2021 · confidence medium
Id.; R.I.S., [ 614 Pa. 275, 284 ,] 36 A.3d 567, 572 (Pa. 2011) (plurality opinion)].
cited Cited as authority (rule) In the Int. of: A.M.K., Appeal of: D.A.K.
Pa. Super. Ct. · 2021 · confidence medium
Id.; R.I.S., 36 A.3d 567, 572 (Pa. 2011) [(plurality opinion)].
discussed Cited as authority (rule) In the Int. of: T.I.-A.B.S., Appeal of: T.I-A.B.S.
Pa. Super. Ct. · 2021 · confidence medium
Our Supreme Court has defined clear and convincing evidence as “testimony that is so clear, direct, weighty, and convincing as to enable the trier of fact to come to a clear conviction, without hesitation, of the truth of the precise facts in issue.” In re R.I.S., [ 614 Pa. 275 ,] 36 A.3d 567, 572 (2011) (citing In re Adoption of Atencio, [ 539 Pa. 161 ,] 650 A.2d 1064 (1994)).
discussed Cited as authority (rule) In Re: A.L., a Minor
Pa. Super. Ct. · 2021 · confidence medium
Id.; R.I.S., 36 A.3d 567, 572 (Pa. 2011) ____________________________________________ 5 On June 4, 2021, CYS and the GAL filed a joint brief arguing that this Court should affirm the trial court Order. 6 Although Father does not specifically reference sections 2511(a)(1) or (2) in his Concise Statement and Statement of Questions Involved portions of his brief, we find his issue encompasses both of those sections, which he has discussed in the Argument section of his brief. -6- J-S20032-21 (plurality).
cited Cited as authority (rule) In Re: T.L.H., Appeal of: D.L.W.
Pa. Super. Ct. · 2021 · confidence medium
Id.; R.I.S., [ 36 A.3d 567, 572 (Pa. 2011) (plurality opinion)].
cited Cited as authority (rule) In the Int. of: R.L.T., Appeal of: T.A
Pa. Super. Ct. · 2021 · confidence medium
Id.; R.I.S., [ 36 A.3d 567, 572 (Pa. 2011) (plurality opinion)].
cited Cited as authority (rule) In Re: M.A.M., Appeal of: A.D.
Pa. Super. Ct. · 2021 · confidence medium
Id.; R.I.S., 36 A.3d 567, 572 (Pa. 2011) [(plurality opinion)].
cited Cited as authority (rule) In Re: M.R.O., Appeal of: M.W.
Pa. Super. Ct. · 2021 · confidence medium
Id.; R.I.S., 36 A.3d 567, 572 (Pa. 2011) (plurality opinion)].
cited Cited as authority (rule) In the Int. of: L.L., Appeal of: R.L.
Pa. Super. Ct. · 2021 · confidence medium
Id.; R.I.S., [ 614 Pa. 275, 284 ,] 36 A.3d 567, 572 (Pa. 2011) (plurality opinion)].
cited Cited as authority (rule) In the Int. of: L.L., Appeal of: C.R.
Pa. Super. Ct. · 2021 · confidence medium
Id.; R.I.S., [ 614 Pa. 275, 284 ,] 36 A.3d 567, 572 (Pa. 2011) (plurality opinion)].
cited Cited as authority (rule) In the Interest of: A.Y., Appeal of: L.M.Y.
Pa. Super. Ct. · 2021 · confidence medium
Id.; R.I.S., [ 614 Pa. 275, 284 , 36 A.3d 567, 572 (Pa. 2011) (plurality)].
cited Cited as authority (rule) Adoption of: T.L.K., a Minor
Pa. Super. Ct. · 2021 · confidence medium
Id.; R.I.S., [ 614 Pa. 275, 284 ,] 36 A.3d 567, 572 (Pa. 2011) (plurality opinion)].
cited Cited as authority (rule) In the Int. of J.E.R., Appeal of: J.R.
Pa. Super. Ct. · 2021 · confidence medium
Moreover, “the burden is on the child welfare agency . . . to prove that a change in goal would be in the child’s best interest.” In re R.I.S., 36 A.3d 567, 573 (Pa. 2011).
cited Cited as authority (rule) Adoption of: H.N.A., Appeal of: D.L.S.
Pa. Super. Ct. · 2021 · confidence medium
Id.; R.I.S., [ 36 A.3d 567, 572 (Pa. 2011) (plurality opinion)].
cited Cited as authority (rule) In the Interest of: J.G., Appeal of: J.G.
Pa. Super. Ct. · 2021 · confidence medium
Moreover, “the burden is on the child welfare agency . . . to prove that a change in goal would be in the child’s best interest.” In re R.I.S., 36 A.3d 567, 573 (Pa. 2011).
cited Cited as authority (rule) Adoption of: S.R.A., Appeal of: A.M.A.
Pa. Super. Ct. · 2020 · confidence medium
Id.; R.I.S., [ 614 Pa. 275, 284 ,] 36 A.3d 567, 572 (Pa. 2011) (plurality opinion)].
cited Cited as authority (rule) Adoption of: M.L.K., Appeal of: N.S.K.
Pa. Super. Ct. · 2020 · confidence medium
Id.; R.I.S., [ 614 Pa. 275, 284 ,] 36 A.3d 567, 572 (Pa. 2011) (plurality opinion)].
cited Cited as authority (rule) Adoption of: H.R.D., Appeal of: WCCB
Pa. Super. Ct. · 2020 · confidence medium
Id.; In re R.I.S., 36 A.3d 567, 572 (Pa. 2011) (plurality).
cited Cited as authority (rule) In the Int. of: C-A., M., a Minor
Pa. Super. Ct. · 2020 · confidence medium
Id.; [In re:] R.I.S., 36 A.3d 567, 572 (Pa. 2011) [(plurality opinion)].
Retrieving the full opinion text from the archive…
KELLY BUICK, INC., Kelly Buick, Inc., t/a, a/k/a, d/b/a, Kelly Buick-GMC, Kelly Management Corporation
v.
Lauren H. KNOWLES and Her Parents John and Dianne Knowles as Agents and Power of Attorney on Her Behalf, and Ian Tough, Margit Kinard, V.A.U.L. Trust
No. 64 EM 2011.
Supreme Court of Pennsylvania.
Oct 31, 2011.
36 A.3d 567
Published

ORDER

PER CURIAM.

AND NOW, this 31st day of October, the Petition for Review is DENIED.