section 2511(a) grounds in Pennsylvania

2022Interest of D.R.-W., 227 A.3d 905, 912-13 (Pa.Super. 2020) (citation omitted). -7- Subsection (a)(2) “emphasizes the child’s present and future need for essential parental care, control or subsistence necessary for his physical or mental well-being,” especially “where disruption of the family has already occurred and there is no reasonable prospect for reuniting it.” In re Z.P., 994 A.2d 1108, 1117 (Pa.Super. 2010).

2022Interest of D.R.-W., 227 A.3d 905, 912-13 (Pa.Super. 2020) (citation omitted).

2001In the Interest of Lilley, at 329-330 (citing Santosky v. Kramer, 455 U.S. 745 , 102 S.Ct. 1388 , 71 L.Ed.2d 599 ; In re T.R., 502 Pa. 165, 166 , 465 A.2d 642, 642-643 (1983)). ¶ 7 The rights of a parent may be involuntarily terminated on any of the eight grounds lists in 23 Pa.C.S.A. § 2511.

2001In the Interest of Lilley, at 329-330 (citing Santosky v. Kramer, 455 U.S. 745 , 102 S.Ct. 1388 , 71 L.Ed.2d 599 ; In re T.R., 502 Pa. 165, 166 , 465 A.2d 642, 642-643 (1983)). ¶ 7 The rights of a parent may be involuntarily terminated on any of the eight grounds lists in 23 Pa.C.S.A. § 2511.

1991Judge Beck reasons that "[n]eeds and welfare is not a concept that fosters parental termination... it is a concept that inhibits it." While it is true that section 2511(b) "does not contain an additional ground for terminating parental rights; such grounds are contained in section 2511(a) only[,]" see In re Adoption of Michael J.C., 326 Pa.Super. 143, 159 , 473 A.2d 1021, 1030 (1984) rev'd on other grounds, 506 Pa. 517 , 486 A.2d 371 (1984), we believe, however, that once the statutory grounds under section 2511(a) are met, the prospects of adoption cannot be seen as "inhibiting" the terminati

1991Judge Beck reasons that "[n]eeds and welfare is not a concept that fosters parental termination... it is a concept that inhibits it." While it is true that section 2511(b) "does not contain an additional ground for terminating parental rights; such grounds are contained in section 2511(a) only[,]" see In re Adoption of Michael J.C., 326 Pa.Super. 143, 159 , 473 A.2d 1021, 1030 (1984) rev'd on other grounds, 506 Pa. 517 , 486 A.2d 371 (1984), we believe, however, that once the statutory grounds under section 2511(a) are met, the prospects of adoption cannot be seen as "inhibiting" the terminati

2025If the trial court determines the petitioner established grounds for termination under § 2511(a) by clear and convincing evidence, the court then -9- must assess the petition under § 2511(b), which focuses on the child’s needs and welfare. [T.S.M., 71 A.3d at 267 ].

2025If the trial court determines the petitioner established grounds for termination under § 2511(a) by clear and convincing evidence, the court then must assess the petition under § 2511(b), which focuses on the child’s needs and welfare. [T.S.M., 71 A.3d at 267 ].

2026See M.E., 283 A.3d at 830 (citing In re B.L.W., 843 A.2d 380, 384 (Pa. Super. 2004) (en banc)).

2025If the trial court determines the petitioner established grounds for termination under § 2511(a) by clear and convincing evidence, the court then must assess the petition under § 2511(b), which focuses on the child’s needs and welfare. ____________________________________________ 2 The GAL filed a letter in this Court stating that he joins in DHS’s appellee brief. -5- In re M.E., 283 A.3d 820 , 830 (Pa. Super. 2022) (some internal quotation marks and citations omitted).

2026See, In re Adoption of S.P., 47 A.2d 817, 827-28 (Pa. 2012).

2018In the second step, the court must determine whether termination is in the best interest of the child, considering the 6 developmental, physical and emotional welfare of the child. 23 Pa.C.S.A. § 2511(b); In re Adoption of SP., 47 A.3d at 830 .

2024Id. ____________________________________________ 6 The Supreme Court’s reference to Section 2511(b), insofar as it should be considered as part of a Section 2511(a)(1) inquiry, is perplexing.

2022See In re C.M.K., 203 A.3d 258 , 261- 62 (Pa. Super. 2019) (holding that termination requires a bifurcated analysis, where the petitioner must first establish grounds under Section 2511(a) before proceeding to Section 2511(b)).

2025Instead of a focus on parental abandonment as in Section 2511(a)(1), in deciding whether a petitioner has established grounds under Section 2511(a)(2), a trial court must be mindful of “the child’s present and future need for essential parental care, control or subsistence necessary for his physical or mental well-being.” In re E.A.P., 944 A.2d 79, 82 (Pa. Super. 2008) (citation and quotation marks omitted). - 30 - Thus, while “sincere efforts to perform parental duties,” can preserve parental rights under subsection (a)(1), those same efforts may be insufficient to remedy parental incapacity

2025That subsection provides: (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: [. . .] (2) The repeated and continued incapacity, abuse, neglect or refusal of the parent has caused 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. 23 Pa.C.S.A. § 2511(a)(2). - 10 - To satisfy Section 2511(a)(2), the petitioning party must es

2025See In re E.S.M., 622 A.2d 388, 394 (Pa. Super. 1993); In re B., N.M., 856 A.2d 847, 859 (Pa. Super. 2004).

2023“This Court has observed that no bond worth preserving is formed between a child and a natural parent where the child has been in foster care for most of the child’s life, and the resulting bond with the natural parent is attenuated.” In re K.H.B., 107 A.3d at 180 (quoting In re K.Z.S., 946 A2d 753, 764 (Pa. Super. 2008)).

2019The Agency alleged in its Petition the following grounds under Section 2511 (a) to terminate Appellant's parental rights: 77 "Before terminating a parent's rights, the trial court must receive 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 the precise facts in issue."' In re Adoption of A.C., 162 A.3d 1123, 1133 (Pa. Super. 2017) ( quoting In re Adoption ofAtencio. 650 A.2d I 064, l 066 (Pa. 1994)). to I. 23 Pa.C.S.A 2511 a (2): The repeated and continued incapacity, abuse, neglect or

2019See N.T., at 76; see also In re K.M.G., -- A.3d --, 2019 PA Super 281 (Pa. Super. September 13, 2019) (en banc)(holding that the Superior Court does not have the authority to review sua sponte whether a conflict existed between counsel’s representation and the child’s stated preference in an involuntary termination of parental rights proceeding). 3 The orphans’ court determined that CYS established grounds under 23 Pa.C.S.A. § 2511(a)(1), (2), and (5) to terminate Mother’s parental rights.

2017We recognize that “issues not included in an appellant's statement of questions involved … are waived.” In re M.Z.T.M.W., 163 A.3d 462, 466 (Pa.Super. 2017).

2011In considering the totality of the circumstances presented through the evidence in this case, In re E.S.M., 622 A.2d 388, 392 (Pa. Super. 1993), the evidence demonstrates that M.S. has refused or failed to perform parental duties as to A.G.A.W. for a period in excess of six months immediately preceding the filing of that petition (the petition filed on February 26, 2010) so the ground under 23 Pa.C.S. § 2511 (a)( 1) has been established as to M.S.