In the Int. of: K.T. (majority)
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Child K.T. was born June 2016. Allegheny County Office of Children, Youth and Families (CYF) first became involved with her when she tested positive for cocaine at birth; CYF had been involved with Mother since 2009 regarding an older child. Prompted by continued housing instability, a report of intimate partner violence between Mother and Child’s biological father, and Mother’s failure to follow through with service referrals, CYF sought a finding of dependency in early 2017. For more than two years, while Child remained in a foster home, and prior to CYF filing for termination, Mother was inconsistent with participation in CYF’s recommended services. The orphan court ultimately concluded “terminating the parental rights of Mother does not serve the needs and welfare of the child.” A majority of the Court of Appeals determined the record supported the
trial court’s “evaluation of the bond that clearly exists between Mother and Child, and its determination that this bond was worth preserving[,]” and the court was thus within its discretion to deny termination. In this discretionary appeal, the Pennsylvania Supreme Court was asked to determine whether the court that denied CYF’s petition for involuntary termination of a mother’s parental rights gave “primary consideration to the developmental, physical and emotional needs and welfare of the child” as required by 23 Pa.C.S. §2511(b). More specifically, the Court considered whether the court evaluating the parent-child bond must determine whether the bond was necessary and beneficial to the child, and severing the bond would cause the child to experience extreme emotional consequences, rather than a mere “adverse” impact. Upon review, the Supreme Court found error and thus (1) vacated the appellate court's orders and (2) remanded to the trial court for further proceedings.
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