needs and welfare analysis in Pennsylvania

2025One major aspect of 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. -6- J-S17029-25 Id. (citations omitted).

2025“One major aspect of 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.” In re L.M., 923 A.2d 505, 511 (Pa.Super. 2007).

2017One major aspect of the needs and welfare analysis concerns the nature and status of the emotional bond between parent and child. - 16 - J-S49045-17 Id. at 1004 (citation and quotation marks omitted).

2015One major aspect of the needs and welfare analysis concerns the nature and status of the emotional bond between parent and child. -4- J-S20041-15 In re Adoption of C.L.G., 956 A.2d 999, 1004 (Pa. Super. 2008) (en banc) (citations omitted).

2024One major aspect of 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. -6- J-A13012-24 B.J.Z., 207 A.3d at 921 (citation omitted).

2021One major aspect of 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. -9- J-A02024-21 B.J.Z., 207 A.3d at 921 (citation omitted).

2026Matter of Adoption of L.C.J.W., 311 A.3d 41, 48 (Pa. Super. 2024) (citation omitted).

2024One major aspect of 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. -8- J-A16016-24 Matter of Adoption of L.C.J.W., 311 A.3d 41, 48 (Pa. Super. 2024) (citation omitted).

2026In re Adoption of R.J.S., 901 A.2d 502, 513 (Pa. Super. 2006). - 11 - J-S03031-26 Finally, although section 2511(a) focuses generally on the parent’s behavior, the third element of subsection (a)(8) centers on the child’s needs, thereby encompassing the needs and welfare analysis typically reserved until the trial court’s section 2511(b) analysis.

2017A major aspect of the needs and welfare analysis concerns the "nature and status of the emotional bond between parent and child." In re Adoption of R.J.S., supra. at 509 (citing In re C.M.S., 884 A.2d 1284, 1287 (Pa.Super. 2005)).

2026“One major aspect of 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.” In re Adoption of N.N.H., 197 A.3d 777, 783 (Pa Super. 2018) (citation omitted).

2026“One major aspect of 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.” In re Adoption of N.N.H., 197 A.3d 777, 783 (Pa Super. 2018) (citation omitted).

2025It is well settled that “[i]ntangibles such as love, comfort, security, and stability are involved in the inquiry into needs and welfare of the child.” In re C.M.S., 884 A.2d 1284, 1287 (Pa. Super. 2005). - 11 - J-S39002-24 “One major aspect of 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.” In re Adoption of N.N.H., 197 A.3d 777, 783 (Pa Super. 2018) (citation omitted).

2025It is well settled that “[i]ntangibles such as love, comfort, security, and stability are involved in the inquiry into needs and welfare of the child.” In re C.M.S., 884 A.2d 1284, 1287 (Pa. Super. 2005). - 15 - J-S31027-25 “One major aspect of 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.” In re Adoption of N.N.H., 197 A.3d 777, 783 (Pa Super. 2018) (citation omitted).

2020We have defined clear and convincing evidence as that which 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 C.S., 761 A.2d 1197, 1201 (Pa. Super. 2000) (en banc) (citation omitted).

2020We have defined clear and convincing evidence as that which 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 C.S., 761 A.2d 1197, 1201 (Pa. Super. 2000) (en banc) (citation and quotation marks omitted).

2022One major aspect of 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. - 10 - J-A08041-22 In re J.N.M., 177 A.3d at 942 (citation omitted).

2020We also note that courts may consider the totality of the circumstances when performing the needs and welfare analysis under section 2511(b). - 12 - J-S65026-19 J.N.M., 177 A.3d at 946 (citing In re Coast 561 A.2d 762, 771 (Pa. Super. 1989) (en banc)).

2020One major aspect of 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. - 13 - J-S23016-20 Adoption of C.D.R., 111 A.3d at 1215 (citation omitted).

2016“One major aspect of 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.” In re C.D.R., 111 A.3d 1212, 1215 (Pa. Super. 2015) (quoting In re L.M., 923 A.2d 505, 511 (Pa. Super. 2007).

2026The fact that a child has a bond with a parent “does not preclude the termination of parental rights.” In re A.D., 93 A.3d 888, 897 (Pa. Super. 2014).

2026The fact that a child has a bond with a parent “does not preclude the termination of parental rights.” In re A.D., 93 A.3d 888, 897 (Pa. Super. 2014).

2023See. e.g., N.A.M., 33 A.3d at 103 (“One major aspect of the needs and welfare analysis concerns the nature and status of the emotional bond between parent and child. . . . court[s] must examine the status of the bond to determine whether its termination would destroy an existing, necessary and beneficial relationship”) (internal quotation marks omitted).

2023See. e.g., N.A.M., 33 A.3d at 103 (“One major aspect of the needs and welfare analysis concerns the nature and status of the emotional bond between parent and child. . . . court[s] must examine the status of the bond to determine whether its termination would destroy an existing, necessary and beneficial relationship”) (internal quotation marks omitted).

2024In re Adoption of B.G.S., 245 A.3d 700 , 705 (Pa.Super. 2021) (cleaned up).

2024In re Adoption of B.G.S., 245 A.3d 700 , 705 (Pa.Super. 2021) (citations omitted).

2023In re S.C., 247 A.3d 1097 , 1103 (Pa. Super. 2021) (citation omitted).

2023In re S.C., 247 A.3d 1097, 1103 (Pa. Super. 2021) (citation omitted).

2023The analysis focuses on the totality of the circumstances. ln lnterest of Coast, 561 A.2d 762 (Pa Super. 1989).

2020We also note that courts may consider the totality of the circumstances when performing the needs and welfare analysis under section 2511(b). - 12 - J-S65026-19 J.N.M., 177 A.3d at 946 (citing In re Coast 561 A.2d 762, 771 (Pa. Super. 1989) (en banc)).

2021See In re P.Z., 113 A.3d 840, 850 (Pa.Super. 2015) (“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 part of the (Footnote Continued Next Page) J-A02024-21 The majority accurately summarized the facts and procedural history.

2018One major aspect of 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. -7- J-S47030-18 In re P.Z., 113 A.3d 840, 850 (Pa.Super. 2015) (formatting modified; citation omitted).

2024“One major aspect of 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.” In re L.M., 923 A.2d at 511 . “[C]ourts considering termination must also consider whether the children are in a pre-adoptive home and whether they have a bond with their foster parents.” In re T.S.M., 71 A.3d 251, 268 (Pa. 2013).

2024“One major aspect of 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.” In re L.M., 923 A.2d at 511 . “[C]ourts considering termination must also consider whether the children are in a pre-adoptive home and whether they have a bond with their foster parents.” In re T.S.M., 71 A.3d 251, 268 (Pa. 2013). - 11 - J-S18016-24 Here, as the court observed, Child has never resided with Mother and naturally shares a stronger bond with Foster Parents, whe

2022Id.; In re C.P., 901 A.2d 516, 520 (Pa.Super. 2006)).

2020With respect to the needs and welfare analysis, "The court must discern the nature and status of the parent-child bond, paying close attention to the effect on the child of permanently severing the bond." In re C.P., 901 A.2d 516 (Pa.Super.2006}.

2016Thus, mindful of the additional factors that should be emphasized during the needs-and-welfare analysis in In re K.Z.S., supra at 763 , such as “the love, comfort, security and stability the child might have with the foster parent” and the importance of continuing that beneficial relationship, we find that the record confirms that terminating Father’s parental rights best satisfies J.K.V.

2015Mindful of the additional factors that we stressed should be emphasized during the needs-and-welfare analysis in In re K.Z.S., supra at 763 , such as “the love, comfort, security and stability the child might have with the foster parent” and the importance of continuing those beneficial relationships, we find that the record confirms that terminating Father’s parental rights best satisfies A.D.M.’s and L.B.M.’s developmental, physical, and emotional needs and welfare.

2025One major aspect of 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. - 13 - J-A29022-24 Interest of K.T., 324 A.3d 49, 56 (Pa. Super. 2024) (citations and unnecessary capitalization omitted and paragraph break added).

2025Id. (citation and brackets omitted).

2017C.M.S., supra, [ 884 A.2d 1284, 1286-87 (Pa.Super. 2005)]; A.C.H., supra, [ 803 A.2d 224, 229 (Pa.Super. 2002)]; B.L.L., supra. Although a needs and welfare analysis is mandated by the statute, it is distinct from and not relevant to a determination of whether the parent’s conduct justifies termination of parental rights under the statute.

2008C.M.S., supra, [ 884 A.2d 1284, 1286-87 (Pa.Super.2005) ]; A.C.H., supra, [ 803 A.2d 224, 229 (Pa.Super.2002) ]; B.L.L., supra. Although a needs and welfare analysis is mandated by the statute, it is distinct from and not relevant to a determination of whether the parent’s conduct justifies termination of parental rights under the statute.

2021In re Adoption of B.G.S., 240 A.3d 658, 662-63 (Pa. Super. 2020) (case citation omitted). ____________________________________________ 2 We review the trial court’s order for an abuse of discretion.

2021In re Adoption of B.G.S., 240 A.3d 658, 662-63 (Pa. Super. 2020) (case citation omitted).

2019See id.

2019In re G.M.S., 193 A.3d 395, 401 (Pa. Super. 2018) (citation omitted).

2019We have defined clear and convincing evidence as that which 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 C.S., 761 A.2d 1197, 1201 (Pa.Super. 2000) (en banc) (quoting Matter of Adoption of Charles E.D.M., II, 708 A.2d 88, 91 (Pa. 1998)).

2018We have defined clear and convincing evidence as that which 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 C.S., 761 A.2d 1197, 1201 (Pa.Super. 2000) (en banc) (quoting Matter of Adoption of Charles E.D.M., II, 550 Pa. 595, 601 , 708 A.2d 88, 91 (1998)).

2019In re L.M., 923 A.2d 505, 511 (Pa. Super. 2007) (citations omitted); see also In re R.N.J., 985 A.2d 273, 276 (Pa. Super. 2009) (stating that “[t]he 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 the precise facts in issue.” (citation and quotation marks omitted)).

2014One major aspect of 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. t to come to a clear conviction, without hesitance, of the truth of the precise facts in In re R.N.J., 985 A.2d 273, 276 (Pa.Super. 2009) (quoting In re J.L.C., 837 A.2d 1247, 1251 (Pa.Super. 2003)).

2024Section 2511 requires clear and convincing evidence to support the grounds for termination, which we have defined as proof 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 Z.P., 994 A.2d 1108, 1116 (Pa. Super. 2010) (citation omitted).

2019In the context of a needs and welfare analysis, “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.” Z.P., 994 A.2d at 1121 .

2023CYF argues once a trial court determines the bond exists, it must then assess whether severing it by termination “would destroy something in existence that is necessary and beneficial” for the child and cause the child to “suffer extreme emotional consequences.” CYF’s Brief at 26, quoting P.A.B., 570 A.2d at 525 and E.M., 620 A.2d at 485 ; citing, e.g., T.S.M., 71 A.3d at 267 .

2023CYF argues once a trial court determines the bond exists, it must then assess whether severing it by termination “would destroy something in existence that is necessary and beneficial” for the child and cause the child to “suffer extreme emotional consequences.” CYF’s Brief at 26, quoting P.A.B., 570 A.2d at 525 and E.M., 620 A.2d at 485 ; citing, e.g., T.S.M., 71 A.3d at 267 .

2017S31043/17 229 (Pa.Super. 2002)]; B.L.L., supra. Although a needs and welfare analysis is mandated by the statute, it is distinct from and not relevant to a determination of whether the parent’s conduct justifies termination of parental rights under the statute.

2017C.M.S., supra, [ 884 A.2d 1284, 1286-87 (Pa.Super. 2005)]; A.C.H., supra, [ 803 A.2d 224, 229 (Pa.Super. 2002)]; B.L.L., supra. Although a needs and welfare analysis is mandated by the statute, it is distinct from and not relevant to a determination of whether the parent’s conduct justifies termination of parental rights under the statute.

2023The Superior Court in ln re: B, N.M., stated "a parent's basic constitutional right to the custody and rearing of his or her child is converted, upon the failure to fulfill his or her parental duties, to the child's right to have proper parenting and fulfillment of his or her potential in a permanent, healthy, safe environmenl." ln Re: 8., N.M, 856 A.2d 847, 856 (Pa. Super. 2004) The needs and welfare analysis focuses on whether termination of parental rights meets the developmental, physical, and emotional needs of the child. ln re T.D., 949 A.2d 910 (Pa. Super. 2008).

2016See a/so In re Adoption of C.J.P., supra; In re T.D., supra; In re Adoption of R.J.S., supra. In analyzing the conduct of a parent, the applicablestatutory language must be considered.

2021Here[,] the [c]ourt focused on a needs and welfare analysis in making its decision. [In re I.G. and J.G., 939 A.2d 950 (Pa.Super. 2007)].

2016Although this inquiry shares certain similarities with the previous needs and welfare analysis employed in 251 l(a), it differs in that our "focus is not on the parent's conduct, but on the child and his or her needs." Id.