time of the termination hearing (Pennsylvania) · Go Syfert
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time of the termination hearing in Pennsylvania

69 Pennsylvania opinions name it 2 courts 2006–2026 33 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (36)

CaseFollowedCited
In Re Adoption of R.J.S.green
pasuperct · 2006 · cited in 9 Pennsylvania opinions naming this issue, 2008–2022
2 sentences

2022Id.; see, e.g., R.J.S., 901 A.2d at 512 (termination under section 2511(a)(8) was appropriate where the mother was not in a position to parent her children at the time of the termination hearing).

2020See id.; In re Adoption of R.J.S., 901 A.2d 502, 512 (Pa.Super. 2006) (concluding that termination under subsection 2511(a)(8) was appropriate where the mother was not in a position to parent her children at the time of the termination hearing).

79
In Re IJgreen
pasuperct · 2009 · cited in 11 Pennsylvania opinions naming this issue, 2015–2026
2 sentences

2017I.J., 972 A.2d at 11 ; see, e.g., R.J.S., 901 A.2d at 512 (termination under (a)(8) was appropriate where Mother was not in a position to parent her children at the time of the termination hearing).

2015See 23 Pa.C.S.A. § 2511(b); In re I.J., 972 A.2d at 11 ; see, e.g., In re Adoption of R.J.S., 901 A.2d at 512 (termination - 12 - J-S23015-15 under (a)(8) was appropriate where Mother was not in a position to parent her children at the time of the termination hearing).

611
In re T.S.green
pa · 2018 · cited in 6 Pennsylvania opinions naming this issue, 2019–2025
2 sentences

2025See id. -9- J-A09027-25 In re H.H.N., 296 A.3d 1258, 1263 (Pa. Super. 2023) (citation omitted); see also In re Q.R.D., 214 A.3d 233 , 239 (Pa. Super. 2019) (explaining that “the trial 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” (citation omitted and some formatting altered)).

2019See In re T.S., supra. Nevertheless, that claim merits no relief concerning the two Children, T.Q.T.W. and T.Z.W.T., as they were too young to articulate a preferred outcome at the time of the termination hearing.

56
In Re ARgreen
pasuperct · 2003 · cited in 3 Pennsylvania opinions naming this issue, 2019–2022
2 sentences

2022“If a parent fails to cooperate or appears incapable of benefiting from the reasonable efforts supplied over a realistic period of time, CYS has fulfilled its mandate and upon proof of satisfaction of the reasonable good faith effort, the termination petition may be granted.” In re A.R., 837 A.2d 560, 564 (Pa. Super. 2003) (citation omitted).

2020“If a parent fails to cooperate or appears incapable of benefiting from the reasonable efforts supplied over a realistic period of time, [the Agency] has fulfilled its mandate and[,] upon proof of satisfaction of the reasonable good faith effort, the termination petition may be granted.” In re A.R., 837 A.2d 560, 564 (Pa Super. 2003) (quotation, quotation marks, and brackets omitted).

33
In Re ZPgreen
pasuperct · 2010 · cited in 4 Pennsylvania opinions naming this issue, 2019–2025
2 sentences

2025See In re Z.P., supra. See also In re B.L.W., supra. Relevant to Section 2511(b), the Orphans’ Court observed: Finally, [giving] primary consideration to the developmental, physical and emotional need and welfare of the child, we found by clear and convincing evidence that termination best served the needs and welfare of [Child]. [Child] was under three years old at the time of the termination hearing.

2020The orphans’ court noted that Mother reengaged in drug and alcohol counseling at another provider in July of 2019; however, at the time of the termination hearing, Mother “was in danger of being unsuccessfully discharged again for poor attendance, declining drug screenings, and positive drug screenings.” Id.

24
In the Interest of K.Z.S.green
pasuperct · 2008 · cited in 2 Pennsylvania opinions naming this issue, 2019–2019
2 sentences

2019Dr. Rosen did not conduct a bonding evaluation of Child and Father, but noted that, given their lack of contact, “it would be remarkable if there was a bond[.]” Id. at 20; see In re K.Z.S., 946 A.2d 753, 762-63 (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.”). -7- J-S25004-19 In contrast, Child had been living with his foster family for thirty-eight months at the time of the termination hearing.

2019See In re K.Z.S., 946 A.2d 753, 764 (Pa. Super. 2008) (observing that the relationship between K.Z.S. and his mother “must be fairly attenuated,” given that K.Z.S. had been in foster care most of his young life, and that he had only limited contact with his mother during that time).

22
In re T.S.M.green
pa · 2013 · cited in 2 Pennsylvania opinions naming this issue, 2018–2018
2 sentences

2018See In re T.S.M., 71 A.3d 251, 268 (Pa. 2013) (common sense dictates that courts considering termination must also consider whether children are in pre-adoptive home and whether they have bond with foster parents).

2018See In re T.S.M., 71 A.3d at 270 (“The Supreme Court cautioned against using the goal of reunification “to prolong instability for children when it becomes clear that parents will be - 16 – J-S52037-18 unable to provide their children’s basic needs in the near future.”).

22
In Re MGgreen
pasuperct · 2004 · cited in 2 Pennsylvania opinions naming this issue, 2009–2009
2 sentences

2009See In re M.G., supra. ¶ 9 Moreover, the testimonial evidence reveals that, by the time of the termination hearing, the children had been placed together with the same foster family for a period of twenty-one months.

2009See In re M.G., supra . ¶ 9 Moreover, the testimonial evidence reveals that, by the time of the termination hearing, the children had been placed together with the same foster family for a period of twenty-one months.

22
In Re VEgreen
pasuperct · 1992 · cited in 2 Pennsylvania opinions naming this issue, 2024–2025
2 sentences

2025Father is not a party to this appeal. 4 Anders v. California, 386 U.S. 738 (1967); Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009); see also In re V.E., 611 A.2d 1267, 1275 (Pa. (Footnote Continued Next Page) J-A04019-25 The trial court provided a thorough review of the facts in this matter: Briefly, Mother is the natural mother of [Child]. [Child’s] natural father is [Father]. [Father] has never played a role in [Child’s] life, and [Father’s] parental rights were terminated via a separate decree entered in this matter concurrently with the decree [in the instant case.] The Huntingdon County

2024The report was substantiated. ____________________________________________ 2 See In re V.E., 611 A.2d 1267 (Pa. Super. 1992) (extending Anders briefing requirements to termination of parental rights appeals involving indigent parents represented by court-appointed counsel). 3 Father is not a party to the present appeal.At the time of the termination hearing, Mother and Father did not live together and Father testified that he barely sees Mother.

12
In Re CLGgreen
pasuperct · 2008 · cited in 2 Pennsylvania opinions naming this issue, 2021–2025
2 sentences

2025Approximately three years later, at the time of the termination hearing, the orphans’ court found that Father had “not ____________________________________________ 4 We have explained that Section 2511(a)(8) “explicitly requires an evaluation of the ‘needs and welfare of the child’ prior to proceeding to Section 2511(b), which focuses on the ‘developmental, physical and emotional needs and welfare of the child.’” In re C.L.G., 956 A.2d 999, 1008 (Pa. Super. 2008).

2021This Court has concluded that termination is proper under subsection (a)(8) where “at the time of the termination hearing, [the parent’s] drug[-]related issues continued to impact [the child] and [the parent’s] ability to care for [the child].” In re C.L.G., 956 A.2d 999 , 1006–07 (Pa. Super. 2008) (en banc).12 Specifically, “[a] child cannot be returned to a home in which drug activity is occurring,” especially when drug activity is among the conditions that led to the initial removal, regardless of whether a parent continued to engage in personal drug use.13 Id.; In re Adoption of M.A.R., 59

12
In the Interest of B.C.green
pasuperct · 2012 · cited in 2 Pennsylvania opinions naming this issue, 2015–2025
2 sentences

2025In the Interest of C., 36 A.3d 601, 609-610 , B.C., 609-610, 2012 Pa. Pa Super.

2015See In re B.C., 36 A.3d 601, 610 (Pa.Super. 2012) (affirming termination where father’s mental and emotional issues, which require anger management and sexual offender treatment, remained unaddressed at the time of the termination hearing).

12
In Re B.,N.M.green
pasuperct · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026Id.; see also id. (noting Mother secured a housing voucher by the time of the termination hearing).

11
Brooks v. B & R TOURING CO.green
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See In re A.J.C., 955 EDA 2019, 2019 WL 5095782 , at *8 (Pa.Super. 2019) (non-precedential decision) (holding when a petitioner files an amended petition in a termination of parental rights case “the original petition is superseded and rendered a virtual nullity”) (citing Brooks v. B & R Touring Co., 939 A.2d 398, 402 (Pa.Super. 2007)); see also Interest of J.R.C., ___ A.3d ___, 2025 WL 548386 , at *5 n.6 (Pa.Super. 2025) (non-precedential decision) (observing that § 2511(b) applies to the date of service of an amended termination of parental rights petition). - 11 - J-S05013-25 at the time of

11
In re Adoption of J.N.M.green
· 2018 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See id.

11
In the Interest of: A.M., a Minorgreen
pasuperct · 2021 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025Because we affirm the termination of parental rights, the appeals from goal change orders are moot.1 See Int. of A.M., 256 A.3d 1263, 1272-73 (Pa.Super. 2021).

11
In Re: C.M.K., Appeal of: CYSgreen
pasuperct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See id. (stating “a child’s life cannot be held in abeyance while a parent attempts to attain the maturity necessary to - 13 - J-S09029-25 assume parenting responsibilities”) (citation omitted).

11
In the Int. of: M.M., Appeal of: E.M.green
pasuperct · 2023 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025Interest of M.M., 302 A.3d 189, 197 (Pa.Super. 2023) (cleaned up). -3- J-A15011-25 All four children were adjudicated dependent and placed into foster homes.3 When they entered care, the children were not up to date medically or dentally but have since had those lapses addressed.

11
In the Int. of: H.H.N., Appeal of: D.B.green
pasuperct · 2023 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See id. -9- J-A09027-25 In re H.H.N., 296 A.3d 1258, 1263 (Pa. Super. 2023) (citation omitted); see also In re Q.R.D., 214 A.3d 233 , 239 (Pa. Super. 2019) (explaining that “the trial 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” (citation omitted and some formatting altered)).

11
Gwin v. Merkingreen
pa · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See In re Z.P., supra. See also In re B.L.W., supra. Relevant to Section 2511(b), the Orphans’ Court observed: Finally, [giving] primary consideration to the developmental, physical and emotional need and welfare of the child, we found by clear and convincing evidence that termination best served the needs and welfare of [Child]. [Child] was under three years old at the time of the termination hearing.

11
Kelly Buick, Inc. v. Knowlesgreen
pa · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025Id. at 569, 571 .

11
In the Int of: D.C.D./ Appeal of: Clinton Co C&YSgreen
pa · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
2 sentences

2023To the extent Father argues that termination was improper because of the Agency’s lack of communication or failure to make reasonable efforts to reunify him with Child, Section 2511(a)(2) does not require “a court to consider the reasonable efforts provided to a parent prior to termination of parental rights.” In re D.C.D., 105 A.3d 662, 672 (Pa. 2014); see id. at 672- 73 (holding that the provision of reasonable efforts to reunify parents and children is not a requirement for termination).

2023To the extent Father argues that termination was improper because of the Agency’s lack of communication or failure to make reasonable efforts to reunify him with Child, Section 2511(a)(2) does not require “a court to consider the reasonable efforts provided to a parent prior to termination of parental rights.” In re D.C.D., 105 A.3d 662, 672 (Pa. 2014); see id. at 672- 73 (holding that the provision of reasonable efforts to reunify parents and children is not a requirement for termination).

11
Adoption of: M.A.B., A Minor, Appeal of: Erie OCYgreen
pasuperct · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See Matter of Adoption of M.A.B., 166 A.3d 434, 449 (Pa. Super. 2017) (“a child develops a meaningful bond with a caretaker when the caretaker provides stability, safety, and security regularly and consistently to the child over an extended period of time.”).

11
In Re AKgreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See In re A.K., 936 A.2d at 533 .

11
In Re: Adopt of: A.H., Appeal of: C.W.green
pasuperct · 2021 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022“Parents are required to make diligent efforts toward the reasonably prompt assumption of full parental duties.” In re Adoption of A.H., 247 A.3d 439, 443 (Pa. Super. 2021).

11
In Re Adoption of M.A.R.green
pasuperct · 1991 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
11
In Re KCFgreen
pa · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
11
In re K.C.F.green
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021N.T., 9/2/20, at 24, 29-32; see also In re K.C.F., 928 A.2d 1046, 1053-54 (Pa.Super. 2007), appeal denied, 936 A.2d 41 (Pa. 2007) (“[T]he termination statute does not require children to be placed in a pre- adoptive home as a precondition to termination of parental rights.”). - 16 - J-A07011-21 Judgment Entered.

11
In Re CSgreen
pasuperct · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
11
In Re Julissa O.green
pasuperct · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
11
Green Party of Pennsylvania v. Department of State Bureau of Commissions, Elections & Legislationgreen
pa · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
11
Adoption of: T.M.L.M., A Minor, Appeal of: S.L.M.red
pasuperct · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
11
Mathews v. Eldridgegreen
scotus · 1976 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
11
In Re Rmggreen
pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
11
In re K.M.green
pasuperct · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
11
In Re NWgreen
pasuperct · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2006–2006
11
In Re GPRgreen
pasuperct · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2006–2006
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
In re N.A.M. green
pasuperct · 2011
2 sentences

2021Moreover, the primary cause of the incapacity was in fact remedied, as Father attained sobriety in or [J-74A-2021 and J-74B-2021] - 33 around October 2018 and maintained sobriety up to the time of the termination hearing in July 2020.12 Id.

2021Moreover, the primary cause of the incapacity was in fact remedied, as Father attained sobriety in or [J-74A-2021 and J-74B-2021] - 33 around October 2018 and maintained sobriety up to the time of the termination hearing in July 2020.12 Id.

22021–2021
In re Adoption of S.P. green
pa · 2012
2 sentences

2018In re Adoption of S.P., supra. At the time of the termination hearing, Child had been in placement for four years.

2018These circumstances contrast dramatically from those in In re Adoption of S.P. supra, where our Supreme Court determined that termination was appropriate.

22018–2018
In Re: M.Z.T.M.W., a minor, Appeal of: M.W. green
pasuperct · 2017
1 sentence

2026Id.

12026–2026
Burgess v. COURT OF COMMON PLEAS PHILA. COUNTY green
pa · 2009
1 sentence

2025Father is not a party to this appeal. 4 Anders v. California, 386 U.S. 738 (1967); Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009); see also In re V.E., 611 A.2d 1267, 1275 (Pa. (Footnote Continued Next Page) J-A04019-25 The trial court provided a thorough review of the facts in this matter: Briefly, Mother is the natural mother of [Child]. [Child’s] natural father is [Father]. [Father] has never played a role in [Child’s] life, and [Father’s] parental rights were terminated via a separate decree entered in this matter concurrently with the decree [in the instant case.] The Huntingdon County

12025–2025
Anders v. California green
scotus · 1967
1 sentence

2025Father is not a party to this appeal. 4 Anders v. California, 386 U.S. 738 (1967); Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009); see also In re V.E., 611 A.2d 1267, 1275 (Pa. (Footnote Continued Next Page) J-A04019-25 The trial court provided a thorough review of the facts in this matter: Briefly, Mother is the natural mother of [Child]. [Child’s] natural father is [Father]. [Father] has never played a role in [Child’s] life, and [Father’s] parental rights were terminated via a separate decree entered in this matter concurrently with the decree [in the instant case.] The Huntingdon County

12025–2025
In Re Involuntary Termination of Parental Rights of Burns green
pa · 1977
12021–2021
In the Interest of Lilley green
pasuperct · 1998
12019–2019
Phillips v. Children & Youth Services green
pasuperct · 1987
12019–2019
Mascarena v. Montana green
scotus · 2019
12019–2019
Sanders v. Uribe green
scotus · 2019
12019–2019
Matter of Adoption of Charles EDM, II green
pa · 1998
12018–2018
In Re ALD green
pasuperct · 2002
12017–2017
In Re Scb green
pasuperct · 2010
12015–2015
In re C.W.U. green
pasuperct · 2011
12015–2015
In Re IG green
pasuperct · 2007
12011–2011

Statutes the citing opinions construe

PA § 23 Pa. Cons. Stat. § 2511 (31) PA § 23 Pa. Cons. Stat. § 2313 (10) PA § 42 Pa. Cons. Stat. § 6351 (4) PA § 42 Pa. Cons. Stat. § 6301 (3) PA § 42 Pa. Cons. Stat. § 6302 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IN 669 (1984–2023) IA 655 (1989–2026) NC 207 (1994–2026) MI 121 (1999–2026) PA 69 (2006–2026) OR 39 (1997–2026) GA 36 (1995–2018) CO 24 (1998–2026) NE 23 (2003–2026) AR 21 (2002–2025) TX 19 (1990–2022) AZ 19 (2009–2026) VA 15 (2003–2020) WA 12 (1987–2026) CA 10 (1991–2015) AL 9 (2003–2017) MO 9 (1985–2022) ME 8 (2010–2020) KS 8 (2008–2025) UT 7 (1998–2011) MN 7 (1980–1990) MT 6 (2006–2026) LA 4 (1999–2016) CT 4 (2016–2020) TN 3 (2003–2021) NM 3 (2002–2021) FL 3 (2004–2009) IL 2 (2020–2021) VT 2 (2011–2012) ID 2 (2021–2022) AK 2 (1988–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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