Termination of Parental Rights • Future Incarceration • “Incapacity” • Bond with Child

In Re Adoption of A.C., PICS Case No. 17-0848 (Pa. Super. May 12, 2017) Moulton, J. (17 pages).

Trial court correctly refused to terminate father's parental rights because CYS failed to show grounds for termination existed under §2511(a)(1) or (a)(2) because father maintained contact and visitation with child throughout his incarceration and regularly visited the child since his release. Affirmed.

Child tested positive for drugs at birth and shortly after was adjudicated dependent and placed with foster mother. CYS filed a petition to terminate parental rights when child was a little more than a year old. Mother failed to attend the hearing and her rights were terminated but the hearing to terminate father's rights was continued pending the outcome of his criminal trial. A hearing was held after father was acquitted of the criminal charges. The bonding assessment showed that child was well-bonded with her foster mother and was forming a bond with her father. The evaluator's only concern was with father's criminal history and pending charges. Since father's release from jail he had complied with all CYS directives and shown that no drug or alcohol treatment was necessary, no additional parenting services were needed and obtained adequate housing with his mother and his other children. Child had spent 22 of her 24 months of life with foster mother. Father was still awaiting trial on other criminal charges. The trial court denied the petition to terminate father's parental rights and child's guardian ad litem appealed on behalf of the child.