SUBCHAPTER B
INVOLUNTARY TERMINATION
Sec.
2511. Grounds for involuntary termination.
2512. Petition for involuntary termination.
2513. Hearing.
2514. Special provisions when child conceived as a result of rape or incest.
Cross References. Subchapter B is referred to in section 2504.1 of this title; section 6351 of Title
42 (Judiciary and Judicial Procedure).
§ 2511. Grounds for involuntary termination.
(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:
(1) The parent by conduct continuing for a period of at least six months immediately preceding
the filing of the petition either has evidenced a settled purpose of relinquishing
parental claim to a child or has refused or failed to perform parental duties.
(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.
(3) The parent is the presumptive but not the natural father of the child.
(4) The child is in the custody of an agency, having been found under such circumstances
that the identity or whereabouts of the parent is unknown and cannot be ascertained
by diligent search and the parent does not claim the child within three months after
the child is found.
(5) The child has been removed from the care of the parent by the court or under a voluntary
agreement with an agency for a period of at least six months, the conditions which
led to the removal or placement of the child continue to exist, the parent cannot
or will not remedy those conditions within a reasonable period of time, the services
or assistance reasonably available to the parent are not likely to remedy the conditions
which led to the removal or placement of the child within a reasonable period of time
and termination of the parental rights would best serve the needs and welfare of the
child.
(6) In the case of a newborn child, the parent knows or has reason to know of the child's
birth, does not reside with the child, has not married the child's other parent, has
failed for a period of four months immediately preceding the filing of the petition
to make reasonable efforts to maintain substantial and continuing contact with the
child and has failed during the same four-month period to provide substantial financial
support for the child.
(7) The parent is the father of a child conceived as a result of a rape or incest.
(8) The child has been removed from the care of the parent by the court or under a voluntary
agreement with an agency, 12 months or more have elapsed from the date of removal
or placement, the conditions which led to the removal or placement of the child continue
to exist and termination of parental rights would best serve the needs and welfare
of the child.
(9) The parent has been convicted of one of the following in which the victim was a child
of the parent:
(i) an offense under 18 Pa.C.S. Ch. 25 (relating to criminal homicide);
(ii) a felony under 18 Pa.C.S. § 2702 (relating to aggravated assault);
(iii) an offense in another jurisdiction equivalent to an offense in subparagraph (i) or
(ii); or
(iv) an attempt, solicitation or conspiracy to commit an offense in subparagraph (i), (ii)
or (iii).
(10) The parent has been found by a court of competent jurisdiction to have committed sexual
abuse against the child or another child of the parent based on a judicial adjudication
as set forth in paragraph (1)(i), (ii), (iii) or (iv) or (4) of the definition of
"founded report" in section 6303(a) (relating to definitions) where the judicial adjudication
is based on a finding of "sexual abuse or exploitation" as defined in section 6303(a).
(11) The parent is required to register as a sexual offender under 42 Pa.C.S. Ch. 97 Subch.
H (relating to registration of sexual offenders) or I (relating to continued registration
of sexual offenders) or to register with a sexual offender registry in another jurisdiction
or foreign country.
(b) Other considerations.--The court in terminating the rights of a parent shall give primary consideration to
the developmental, physical and emotional needs and welfare of the child. The 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.
(c) Right to file personal and medical history information.--At the time the decree of termination is transmitted to the parent whose rights have
been terminated, the court shall advise the parent, in writing, of his or her continuing
right to place and update personal and medical history information, whether or not
the medical condition is in existence or discoverable at the time of adoption, on
file with the court and with the Department of Public Welfare pursuant to Subchapter
B of Chapter 29 (relating to records and access to information).
(May 21, 1992, P.L.228, No.34, eff. 60 days; Dec. 20, 1995, P.L.685, No.76; Apr. 4,
1996, P.L.58, No.20, eff. 60 days; Nov. 9, 2006, P.L.1358, No.146, eff. 180 days;
Oct. 27, 2010, P.L.961, No.101, eff. 180 days; Oct. 28, 2016, P.L.966, No.115, eff.
imd.; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff.
imd.)
2018 Amendments. Act 10 amended subsec. (a)(11) and Act 29 reenacted subsec. (a)(11).
2016 Amendment. Act 115 added subsec. (a)(10) and (11).
2010 Amendment. Act 101 amended subsec. (c).
2006 Amendment. Act 146 added subsec. (a)(9).
1996 Amendment. Act 20 amended subsec. (a)(7).
1995 Amendment. Act 76 amended subsecs. (b) and (c) and added subsec. (a)(8). Section 7 of Act 76
provided that subsecs. (b) and (c) shall take effect in 60 days and, with regard to
a child who has been removed from the care of the parent by the court or under a voluntary
agreement with an agency prior to the effective date of Act 76, subsec. (a)(8) shall
take effect 12 months after the effective date of Act 76.
References in Text. The Department of Public Welfare, referred to in this section, was redesignated as
the Department of Human Services by Act 132 of 2014.
Cross References. Section 2511 is referred to in sections 2513, 2514, 2714 of this title; section 6302
of Title 42 (Judiciary and Judicial Procedure).
Notes of Decisions
Cited in
1,774
cases (
583 in the last 5 years), 1982–2026 · leading case:
In re Adoption of S.P., 47 A.3d 817 (Pa. 2012).
In re Adoption of S.P., 47 A.3d 817 (Pa. 2012).
· cites it 12× “the length of parent’s incarceration will preclude the court from unifying the (former) prisoner and the child on a timely basis in order to provide the child with the permanent home to which he or she is entitled, then the length of sentence, standing alone, should and does…”
Adoption of: M.A.B., A Minor, Appeal of: Erie OCY, 166 A.3d 434 (Pa. Super. Ct. 2017).
· cites it 8× “The Adoption Act provides the following with respect to the termination of parental rights: 23 Pa.C.S. § 2511. Grounds for involuntary termination (a) General rule.”
In the Interest of: L.W., Appeal of: W.H., 267 A.3d 517 (Pa. Super. Ct. 2021).
· cites it 12× “See 23 Pa.C.S. § 2511. It requires a bifurcated analysis “in which [the court] initially focuses on the conduct of the parent under Section 2511(a).”
In re T.S.M., 71 A.3d 251 (Pa. 2013).
· cites it 6× “CYF must prove the grounds for termination of parental rights under 23 Pa.C.S. § 2511 by clear and convincing evidence.”
In the Int. of: D.R.-W., a Minor Appeal of: D.W., 227 A.3d 905 (Pa. Super. Ct. 2020).
· cites it 7× “need not be made or continue to be made, whether the county agency has filed or sought to join a petition to terminate parental rights and to identify, recruit, process and approve a qualified family to adopt the child unless: -7- J-A27033-19 to relevant legal authority, we find…”
In re T.S., 192 A.3d 1080 (Pa. 2018).
· cites it 5× “That being the case, as long as trial courts require the state to prove parental unfitness - or, under Pennsylvania's law, grounds for termination, see 23 Pa.C.S. § 2511(a) - by at least clear and convincing evidence, the child's status as a non-adversary has been folded into…”
In the Int of: D.C.D./ Appeal of: Clinton Co C&YS, 105 A.3d 662 (Pa. 2014).
· cites it 9× “…case and beyond the scope of the issues we granted. Thus, I concur. Justice STEVENS joins this concurring opinion. . 23 Pa.C.S. § 2511. . 42 Pa.C.S. § 6351.”
In Re: Adoption of: A.C., a minor, Appeal of: A.C., 162 A.3d 1123 (Pa. Super. Ct. 2017).
· cites it 8× “Termination of parental rights is governed by section 2511 of the Adoption Act, 23 Pa.C.S. § 2511, which requires a bifurcated analysis: Initially, the focus is on the conduct of the parent.”
In Re Adoption of L.J.B., 18 A.3d 1098 (Pa. 2011).
· cites it 13× “, pursuant to 23 Pa.C.S. §§ 2511 and 2512. [6] Father *1105 and Stepmother alleged that Mother had abandoned L.”
In re N.A.M., 33 A.3d 95 (Pa. Super. Ct. 2011).
· cites it 5× “Requests to terminate a biological parent’s parental rights are governed by 23 Pa.C.S. § 2511, which provides in pertinent part as follows: (a) General rule.”
In the Interest of Coast, 561 A.2d 762 (Pa. 1989).
· cites it 16× “Rather, the trial court based its decision to terminate the Coasts' parental rights upon the correct legal standard as set forth in 23 Pa.C.S. § 2511. This determination was reached only after the trial court conducted a commendably exhaustive and exemplary inquiry into all the…”
— 23 Pa. Cons. Stat. § 2511(1) — 3 cases
— 23 Pa. Cons. Stat. § 2511(2) — 3 cases
— 23 Pa. Cons. Stat. § 2511(5) — 1 case
— 23 Pa. Cons. Stat. § 2511(7) — 1 case
— 23 Pa. Cons. Stat. § 2511(a) — 337 cases
In re T.S., 192 A.3d 1080 (Pa. 2018).
“That being the case, as long as trial courts require the state to prove parental unfitness - or, under Pennsylvania's law, grounds for termination, see 23 Pa.C.S. § 2511(a) - by at least clear and convincing evidence, the child's status as a non-adversary has been folded into…”
Adoption of: M.A.B., A Minor, Appeal of: Erie OCY, 166 A.3d 434 (Pa. Super. Ct. 2017).
“The Adoption Act provides the following with respect to the termination of parental rights: 23 Pa.C.S. § 2511. Grounds for involuntary termination (a) General rule.”
In re N.A.M., 33 A.3d 95 (Pa. Super. Ct. 2011).
“Requests to terminate a biological parent’s parental rights are governed by 23 Pa.C.S. § 2511, which provides in pertinent part as follows: (a) General rule.”
— 23 Pa. Cons. Stat. § 2511(a)(1) — 874 cases
In Re Adoption of L.J.B., 18 A.3d 1098 (Pa. 2011).
“, pursuant to 23 Pa.C.S. §§ 2511 and 2512. [6] Father *1105 and Stepmother alleged that Mother had abandoned L.”
In Re: Adoption of: A.C., a minor, Appeal of: A.C., 162 A.3d 1123 (Pa. Super. Ct. 2017).
“Termination of parental rights is governed by section 2511 of the Adoption Act, 23 Pa.C.S. § 2511, which requires a bifurcated analysis: Initially, the focus is on the conduct of the parent.”
In re Adoption of S.P., 47 A.3d 817 (Pa. 2012).
“the length of parent’s incarceration will preclude the court from unifying the (former) prisoner and the child on a timely basis in order to provide the child with the permanent home to which he or she is entitled, then the length of sentence, standing alone, should and does…”
— 23 Pa. Cons. Stat. § 2511(a)(10) — 4 cases
— 23 Pa. Cons. Stat. § 2511(a)(11) — 6 cases
— 23 Pa. Cons. Stat. § 2511(a)(2) — 688 cases
In re Adoption of S.P., 47 A.3d 817 (Pa. 2012).
“the length of parent’s incarceration will preclude the court from unifying the (former) prisoner and the child on a timely basis in order to provide the child with the permanent home to which he or she is entitled, then the length of sentence, standing alone, should and does…”
In re T.S., 192 A.3d 1080 (Pa. 2018).
“That being the case, as long as trial courts require the state to prove parental unfitness - or, under Pennsylvania's law, grounds for termination, see 23 Pa.C.S. § 2511(a) - by at least clear and convincing evidence, the child's status as a non-adversary has been folded into…”
— 23 Pa. Cons. Stat. § 2511(a)(2)(5) — 2 cases
— 23 Pa. Cons. Stat. § 2511(a)(2)(a) — 1 case
— 23 Pa. Cons. Stat. § 2511(a)(2)(i) — 1 case
— 23 Pa. Cons. Stat. § 2511(a)(3) — 3 cases
— 23 Pa. Cons. Stat. § 2511(a)(4) — 2 cases
— 23 Pa. Cons. Stat. § 2511(a)(5) — 148 cases
In the Interest of Coast, 561 A.2d 762 (Pa. 1989).
“Rather, the trial court based its decision to terminate the Coasts' parental rights upon the correct legal standard as set forth in 23 Pa.C.S. § 2511. This determination was reached only after the trial court conducted a commendably exhaustive and exemplary inquiry into all the…”
— 23 Pa. Cons. Stat. § 2511(a)(6) — 7 cases
— 23 Pa. Cons. Stat. § 2511(a)(7) — 4 cases
— 23 Pa. Cons. Stat. § 2511(a)(8) — 219 cases
Adoption of: M.A.B., A Minor, Appeal of: Erie OCY, 166 A.3d 434 (Pa. Super. Ct. 2017).
“The Adoption Act provides the following with respect to the termination of parental rights: 23 Pa.C.S. § 2511. Grounds for involuntary termination (a) General rule.”
— 23 Pa. Cons. Stat. § 2511(a)(9) — 5 cases
— 23 Pa. Cons. Stat. § 2511(a)(9)(ii) — 4 cases
— 23 Pa. Cons. Stat. § 2511(a)(b) — 1 case
— 23 Pa. Cons. Stat. § 2511(a)(l) — 15 cases
— 23 Pa. Cons. Stat. § 2511(b) — 849 cases
In the Interest of: L.W., Appeal of: W.H., 267 A.3d 517 (Pa. Super. Ct. 2021).
“See 23 Pa.C.S. § 2511. It requires a bifurcated analysis “in which [the court] initially focuses on the conduct of the parent under Section 2511(a).”
In re T.S.M., 71 A.3d 251 (Pa. 2013).
“CYF must prove the grounds for termination of parental rights under 23 Pa.C.S. § 2511 by clear and convincing evidence.”
In re T.S., 192 A.3d 1080 (Pa. 2018).
“That being the case, as long as trial courts require the state to prove parental unfitness - or, under Pennsylvania's law, grounds for termination, see 23 Pa.C.S. § 2511(a) - by at least clear and convincing evidence, the child's status as a non-adversary has been folded into…”
— 23 Pa. Cons. Stat. § 2511(b)(3) — 4 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.