basis of environmental factors in Pennsylvania

2024See B.L.W., supra. - 10 - J-S19031-24 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.

2014The 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. 23 Pa.C.S.A. § 2511(a), (b). “[W]e need only agree with [a trial court’s] decision as to any one subsection [of 2511(a), along with 2511(b),] in order to affirm the termination of parental rights.” In re B.L.W., 843 A.2d 380, 384 (Pa.Super.2004) (en banc).

2026To demonstrate a sufficient basis for termination pursuant to § 2511(a)(2), the petitioning party must establish: “(1) repeated and continued incapacity, abuse, neglect or refusal; (2) that such incapacity, abuse, neglect or refusal caused the child to be without essential parental care, control or subsistence; and (3) that the causes of the incapacity, abuse, neglect or refusal cannot or will not be remedied.” In re Adoption of A.H., 247 A.3d 439, 443 (Pa.Super. 2021).

2023The 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. . . . 23 Pa.C.S. § 2511(a)(2), (b). -9- J-S20031-23 In order to satisfy section 2511(a)(2), the petitioning party must establish: “(1) repeated and continued incapacity, abuse, neglect or refusal; (2) that such incapacity, abuse, neglect or refusal caused the child to be without essential parental care, control or subsistence; and (3) that the causes of the incapacity, abuse, negle

2026The “determination of the child’s particular developmental, physical, and emotional needs and welfare must be made on a case-by-case basis,” but “courts should consider the matter from the child’s perspective, placing [the child’s] developmental, physical, and emotional needs and welfare above concerns for the parent.” In the Interest of K.T., 296 A.3d 1085 , 1105 (Pa. 2023) (citations omitted); see also C.M.K., 203 A.3d at 261-62 (the focus of Section 2511(a) is the conduct of the parent, whereas the focus of Section 2511(b) is the best interests of the child) (citation omitted).

2026The “determination of the child’s particular developmental, physical, and emotional needs and welfare must be made on a case-by-case basis,” but “courts should consider the matter from the child’s perspective, placing [the child’s] developmental, physical, and emotional needs and welfare above concerns for the parent.” In the Interest of K.T., 296 A.3d 1085 , 1105 (Pa. 2023) (citations omitted); see also C.M.K., 203 A.3d at 261-62 (the focus of Section 2511(a) is the conduct of the parent, whereas the focus of Section 2511(b) is the best interests of the child) (citation omitted). - 11 - J-A28

2024The 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. . . . 23 Pa.C.S. § 2511(b). “[T]he focus in terminating parental rights is on the parent, under Section 2511(a), whereas the focus in Section 2511(b) is on the child.” In re C.L.G., 956 A.2d 999, 1008 (Pa. Super. 2008) (en banc) (citation omitted).

2023The 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. . . . 23 Pa.C.S. § 2511(b). - 10 - J-S21018-23 “[T]he focus in terminating parental rights is on the parent, under Section 2511(a), whereas the focus in Section 2511(b) is on the child.” C.L.G., 956 A.2d at 1008 (citation omitted).

2023With 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. -7- J-S07016-22 23 Pa.C.S. § 2511(a)(1), (b); see also In re Z.S.W., 946 A.2d 726, 730 (Pa. Super. 2008).

2022With 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), (b). -7- J-A02021-22 To satisfy the requirements of Section 2511(a)(1), the party requesting termination must prove conduct by the parent “sustained for at least the six months prior to the filing of the termination petition, which reveals a settled intent to relinquish parental claim to a child or a ref

2018Id. § 2511(a)(5), (b).12 It is well settled that a party seeking termination of a parent’s rights bears the burden of proving the grounds to do so by “clear and convincing evidence,” a standard which requires evidence 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 T.F., 847 A.2d 738, 742 (Pa. Super. 2004) (citation omitted).

2018With 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). -6- J-S09002-18 It is well settled that a party seeking termination of a parent’s rights bears the burden of proving the grounds to so do by “clear and convincing evidence,” a standard which requires evidence that is “so clear, direct, weighty, and convincing as to enable the trier of fact to come t

2020The 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. 23 Po.C.S.A. §2511 "Parental rights may be involuntarily terminated where any one subsection of Section 2511 (al is satisfied, along with consideration of the subsection 2511 (b} provisions." In re Z.P., 994 A.2d 1108, 1117 (Pa.Super.2010}.

2018The 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.” 23 Pa.C.S. § 2511(b) -5- J-S79018-17 In cases involving termination of parental rights, our standard of review is limited to determining “whether the order of the trial court is supported by competent evidence, and whether the trial court gave adequate consideration to the effect of such a decree on the welfare of the child.” In re Z.P., 994 A.2d 1108, 1115 (Pa. Super. 2010) (quot

2024With 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(b). - 14 - J-A27008-24 In re K.M., 53 A.3d 781, 791 (Pa. Super. 2012), overruled on other grounds by In re Adoption of L.B.M., 161 A.3d 172 (Pa. 2017).

2019Pennsylvania appellate courts have stated that the emotional needs and welfare of the child have properly been interpreted to include 90 Appellant's Statement of Errors Complained of on Appeal, February 8, 2019. 14 "intangibles such as love, comfort, security, and stability." In re K.M., 53 A.3d 781, 791 (Pa. Super. 2012).

2020In re Adoption of M.E.P., 825 A.2d 1266, 1272 (Pa. Super. 2003) (citation omitted).

2019With 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 notice of the filing of the petition. 23 Pa.C.S. §§ 2511(a)(8) and (b). “[T]o terminate parental rights under Section 2511(a)(8), the following factors must be demonstrated: (1) [t]he child has been removed from parental care for [twelve] months or more from the date of removal; (2) the conditions which led to the removal or placement of the child continue to exist; and

2026The ‘utmost attention’ should be paid to discerning the effect on the child of permanently severing the parental bond.” In re T.S.M., 71 A.3d 251, 267 (Pa. 2013) (citation omitted).

2026The ‘utmost attention’ should be paid to discerning the effect on the child of permanently severing the parental bond.” In re T.S.M., 71 A.3d 251, 267 (Pa. 2013).

2022With 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), (b). -7- J-A02021-22 To satisfy the requirements of Section 2511(a)(1), the party requesting termination must prove conduct by the parent “sustained for at least the six months prior to the filing of the termination petition, which reveals a settled intent to relinquish parental claim to a child or a ref

2016With 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. § 2511(a)(1) and (b).1 To meet the requirements of Section 2511(a)(1), “the moving party must produce clear and convincing evidence of conduct, sustained for at least the 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 fai

2023This Court has stated repeatedly that “[i]ntangibles such as love, comfort, security, and stability are involved in the inquiry into the needs and welfare of the child.” In re C.M.S., 884 A.2d 1284, 1287 (Pa. Super. 2005) (citation omitted).

2023This Court has stated repeatedly that “[i]ntangibles such as love, comfort, security, and stability are involved in the inquiry into the needs and welfare of the child.” In re C.M.S., 884 A.2d 1284, 1287 (Pa. Super. 2005) (citation omitted).

2015With 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; see also In re B.L.W., 843 A.2d 380, 384 (Pa. Super. 2004) (en banc) (stating that, this Court need only agree with any one subsection of Section 2511(a), in addition to Section 2511(b), in order to affirm the termination of parental rights), appeal denied, 863 A.2d 1141 (Pa. 2004).4 With respect to Section 25

2015With 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)(2), (b); see also In re B.L.W., 843 A.2d 380, 384 (Pa. Super. 2004) (en banc) (stating that this Court need only agree with any one subsection of Section 2511(a), in addition to Section 2511(b), in order to affirm the termination of parental rights), appeal denied, 863 A.2d 1141 (Pa. 2004).

2024The grounds for termination of parental rights under § 2511(a)(2) due to parental incapacity are not limited to affirmative misconduct but may also “include acts of refusal as well as incapacity to perform parental duties.” In re Adoption of M.A.B., 166 A.3d 434, 444 (Pa.Super. 2017).

2024See Matter of Adoption of M.A.B., 166 A.3d 434, 448 (Pa. Super. 2017) (combining discussion of the children’s needs and welfare pursuant to subsection (a)(8) and subsection (b) because the “third element of [s]ection 2511(a)(8) requires that the [o]rphans’ [c]ourt conduct an analysis similar to that required under [s]ection 2511(b)”). - 18 - J-S25033-24 inadequate housing, furnishings, income, clothing and medical care if found to be beyond the control of the parent. 23 Pa.C.S. § 2511(b).

2024With 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. ____________________________________________ Agency Exhibit 12; N.T., 11/16/23, at 67-68; see also In re C.S., 761 A.2d 1197 , 1200 n.5 (Pa. Super. 2000) (en banc) (stating that Section 2511(a)(5) and (8) did not provide a basis for terminating the father’s parental rights when he was incarcerated at the time of the child’s remova

2015See In re C.S., 761 A.2d 1197, 1200 (Pa. Super. 2000) (en banc) (stating that Section 2511(a)(5) and (8) did not provide a basis for terminating the father’s parental rights when he was incarcerated at the time of the child’s removal from the mother’s care); accord In re Z.P., 994 A.2d 1108 , 1123 n.2 (Pa. Super. 2010). -5- J-S63016-15 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.

2019With 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. - 10 - J-S76044-18 To satisfy the requirements of § 2511(a)(2), the moving party must prove “(1) repeated and continued incapacity, abuse, neglect or refusal; (2) that such incapacity, abuse, neglect or refusal caused the child to be without essential parental care, control or subsistence; and (3) that the cau

2019With 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. - 21 - J-A16028-19 To satisfy the requirements of Section 2511(a)(2), the moving party must prove “(1) repeated and continued incapacity, abuse, neglect or refusal; (2) that such incapacity, abuse, neglect or refusal caused the child to be without essential parental care, control or subsistence; and (3) that t

2026See In re K.R., 200 A.3d 969, 979 (Pa. Super. 2018) (en banc) (observing that this Court may proceed to a review of one subsection of section 2511(a) “[w]ithout considering the orphans’ court[’s] determinations” under any other subsection). - 10 - J-S06017-26 To prove section 2511(a)(2) by clear and convincing evidence, the petitioning party must establish: “(1) repeated and continued incapacity, abuse, neglect or refusal; (2) that such incapacity, abuse, neglect or refusal caused the child to be without essential parental care, control or subsistence; and (3) that the causes of the incapacity

2025See In re K.R., 200 A.3d 969, 979 (Pa. Super. 2018) (en banc) (observing this Court may proceed to a review of one subsection of § 2511(a) “[w]ithout considering the orphans’ court’s determinations” under any other subsection).

2025The 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. 23 Pa.C.S.A. § 2511(b). “[S]ection 2511(b) focuses on whether termination of parental rights would best serve the developmental, physical, and emotional needs and welfare of the child.” In re Adoption of J.M., 991 A.2d 321, 324 (Pa.Super. 2010).

2025Under a Section 2511(b) analysis, the court must “discern the nature and status of the parent-child bond, with utmost attention to the effect on the child of permanently severing that bond.” Id. - 11 - J-A03020-25 Additionally, our Supreme Court has explained that “analysis of the parental bond is but one part of the overall [Section 2511(b)] analysis, which includes 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 emotional needs and welfare.” Interest of K.T., 296 A.3d at 1113.

2025Under subsection 2511(b), “‘the court must take into account whether a bond exists between child and parent, and whether termination would destroy an existing, necessary and beneficial relationship.’ The court is not required to use expert testimony, and social workers and caseworkers may offer evaluations as well.” In re M.P., 204 A.3d 976, 983 (Pa. Super. 2019) (citations omitted).

2024With 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(b). “‘In this context, the court must take into account whether a bond exists between child and parent, and whether termination would destroy an existing, necessary and beneficial relationship.’ The court is not required to use expert testimony, and social workers and caseworkers may offer evaluations as well.”

2024See In re S.C., 247 A.3d 1097, 1104 (Pa. Super. 2021), abrogated on other grounds by Interest of K.T., 296 A.3d 1085 , 1110 n.23 (Pa. 2023).

2023See In re S.C., 247 A.3d 1097, 1104 (Pa. Super. 2021), abrogated on other grounds by In re K.T., 296 A.3d 1085 , 1110 n.23 (Pa. 2023).

2023With 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. • See In re L.M., 923 A.2d 505, 511 (Pa. Super. 2007) ("Only if the court determines that the parent's conduct warrants termination of his or her parental rights does the court engage in the second of the analysis pursuant to Section 2511(b)"). 17 Super. 647 A.2d 217, 218 (1994).

2021With 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. 17 the needs and welfare analysis concerns the nature and status of the emotional bond between parent and child, with close attention paid to the effect on the child of permanently severing any such bond. /a# re L.A, 923 A.2d 505, 511 (Pa.Super.2007) (citations omitted).

2021With 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). -8- J-A19026-21 “Section 2511(a)(8) sets a 12-month time frame for a parent to remedy the conditions that led to the children’s removal by the court.” In re A.R., 837 A.2d 560, 564 (Pa. Super. 2003).

2021With 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); see also In re B.L.W., 843 A.2d 380, 384 (Pa. Super. 2004) (en banc) (stating we need only agree with the trial court -6- J-S15016-21 as to any one subsection of Section 2511(a), as well as Section 2511(b), to affirm).4 This Court has explained, “Section 2511(a)(8) sets a 12-month time frame for a p

2019The 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. 53RD JUDICIAL 10 See, e.g., In re N.A.M., 33 A.3d 95 _,.1pO.(f;la.,-Super, 2Pl1}; In re Interest of Lilley, 719 A2d

2019The 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. 53RD JUDICIAL 10 See, e.g., In re N.A.M., 33 A.3d 95 _,.1pO.(f;la.,-Super, 2Pl1}; In re Interest of Lilley, 719 A2d

2016With 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. -5- J-S71018-16 With respect to § 2511(a)(2), the grounds for termination of parental rights, due to parental incapacity that cannot be remedied, are not limited to affirmative misconduct; “to the contrary, those grounds may include acts of refusal as well as incapacity to perform parental duties.” In re A.L.D., 797 A.2d 326, 337

2014With 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)(2), (8); (b).2 terminated where any one subsection of Section 2511(a) is satisfied, along In re Z.P., supra at 1117 . 2511(a)(2), due to parental incapacity that cannot be remedied, are not limited to affirmative misconduct; to the contrary, those grounds may include acts of refusal as well as incapacity to

2009With 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), (b). [9] ¶ 16 Parental rights may be terminated pursuant to Section 2511(a)(1) "if the parent either demonstrates a settled purpose of relinquishing parental claim to a child or fails to perform parental duties." In re C.M.S., 832 A.2d 457, 462 (Pa.Super.2003), *777 appeal denied, 580 Pa. 687 , 859 A.2d

2009With 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), (b). 9 ¶ 16 Parental rights may be terminated pursuant to Section 2511(a)(1) “if the parent either demonstrates a settled purpose of relinquishing parental claim to a child or fails to perform parental duties.” In re C.M.S., 832 A.2d 457, 462 (Pa.Su per.2003), appeal denied, 580 Pa. 687 , 859 A.2d 767 (2