In the Int. of: Q.L.W.B., Jr., a Minor
CourtSuperior Court of Pennsylvania
Date FiledOctober 23, 2026
Docket930 MDA 2026
JudgeKing
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
IN THE INTEREST OF: Q.L.W.B., JR., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
:
:
APPEAL OF: V.H., MOTHER :
:
:
:
: No. 930 MDA 2026
Appeal from the Decree Entered May 21, 2026
In the Court of Common Pleas of Dauphin County Orphans' Court at
No(s): 3-AD-2026
BEFORE: STABILE, J., MURRAY, J., and KING, J.
MEMORANDUM BY KING, J.: FILED: OCTOBER 23, 2026
Appellant, V.H. (“Mother”), appeals from the decree entered in the
Dauphin County Court of Common Pleas, Orphans’ Court, which involuntarily
terminated her parental rights to Q.L.W.B., Jr. (“Child”) (born in February
2016). We affirm.
In its opinion, the Orphans’ Court set forth the relevant facts and
procedural history of this case as follows:
Child was born [in] February…2016. On October 23, 2020,
the Agency received a referral with concerns for substance
abuse by Mother, who tested positive for phencyclidine and
marijuana. Mother agreed for Child to reside with maternal
aunt under a safety plan. On May 7, 2021, maternal aunt
was granted sole custody of Child, and on May 25, 2021,
the Agency closed the family for services.
The instant case was initiated on January 20, 2022, when
the Agency filed a Dependency Petition due to continued
substance abuse by Mother, as she had tested positive for
phencyclidine upon the birth of Child’s sibling. On January
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24, 2022, following a shelter care hearing, Mother was
granted shared custody of her children with maternal aunt,
who had presented as a resource. This [c]ourt found that
Child was not dependent and released him to the custody of
maternal aunt. The [c]ourt, however, ordered that Child’s
sibling remain in the care and custody of the Agency,
pending an adjudication and disposition (“A&D”) hearing.
From January of 2022 to January 4, 2024, Mother had
continuous involvement with the Agency regarding Child’s
sibling.
On August 9, 2024, the Agency received a referral with
concerns for Mother, Child, and Child’s sibling. The referral
source indicated that Mother was intoxicated and hit Child’s
sibling.
On August 10, 2024, an Agency caseworker attempted to
call Child’s maternal aunt at various telephone numbers but
was unable to reach her. The caseworker also attempted to
visit Mother’s home but [was] unable to reach anyone there.
Later that day, Mother called the caseworker and stated that
she felt like the Agency was harassing her and that she
intended to get an attorney. The caseworker told Mother
that she needed to see the children, but Mother told the
caseworker that she was not in the area. Also, later that
day, the Agency caseworker received a text … stating that
maternal aunt had custody of Child and that Child’s sibling
was with Mother but was to return to Milton Hershey School
within the week.
On August 11, 2024, the Agency caseworker completed an
announced home visit. Mother denied any allegations of
hitting Child’s sibling. Mother admitted that she drinks beer
sometimes. Mother denied any drug use at that time, but
she was asked to submit to a drug screen, which was
positive for PCP and alcohol.
On August 14, 2024, there was a safety plan hearing for
Child and his sibling, and the [c]ourt accepted a sixty (60)-
day plan for the children. However, on August 16, 2024,
Mother called the caseworker and stated that the children’s
safety plan resource was no longer able to care for the
children. Consequently, on the same day, the Agency held
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a family meeting, it was determined that since Child did not
have a resource, he would be placed into foster care.
On August 19, 2024, the Agency filed a second Dependency
Petition due to ongoing concerns regarding Mother’s
substance abuse and lack of parental ability for Child. On
August 26, 2024, following a shelter care hearing, this
[c]ourt ordered that Child remain in the temporary custody
of the Agency pending an A&D hearing.
On September 4, 2024, an A&D hearing was held, and this
[c]ourt ordered Child and his sibling to be adjudicated
dependent and placed in the care and custody of the
Agency. Mother attended this hearing. On September 9,
2024, Dauphin County Drug and Alcohol Evaluation
recommended inpatient treatment for Mother, and on
September 11, 2024, a county mobile case management
specialist informed the Agency caseworker that she
recommended Mother to participate in outpatient counseling
services for drug and alcohol treatment.
On October 8, 2024, Mother completed a psychological
evaluation with Hugh Smith & Associates, and Mother was
diagnosed with Bipolar 1 Disorder, Phencyclidine Use
Disorder, and Intellectual Disability.
On November 1, 2024, Mother began working with Justice
Works Nurture Parenting Program, a program which she
ultimately completed on March 12, 2025. In December
2024, Mother began outpatient drug and alcohol treatment
through PA Counseling, but on March 21, 2025, she was
unsuccessfully discharged from this treatment due to lack of
attendance.
On January 27, 2025, while at the Agency’s office to meet
with her new caseworker, Mother tested positive for PCP,
although she denied any drug use and requested monthly
meetings to discuss what she needed to do.
On February 19, 2025, Mother called the caseworker and
said she could not work because she had heart failure and
that she was running out of money to pay bills. On April 3,
2025, the caseworker completed an announced home visit
and did a walkthrough at the home. The caseworker
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observed that the house was safe and appropriate, but
during the visit, Mother expressed multiple times that she
was still struggling with finances.
On May 26, 2025, Mother had a video visit with Child, but
the call ended early because Child wanted to go play video
games. On June 26, 2025, Child’s foster mother expressed
concerns about possible inappropriate discipline from family
members. On June 27, 2025, Mother completed a drug
screen but cancelled her scheduled visit with Child because
she had to visit another one of her children in the hospital.
On July 21, 2025, the Agency received an email from Child’s
foster mother indicating that Child did not want to visit
Mother that week. At the same time, Mother completed an
intake at PA Counseling for dual program of drug and alcohol
and mental health.
On August 21, 2025, following a permanency review
hearing, this [c]ourt ordered Child to remain dependent and
in the care and custody of the Agency. The [c]ourt also
ordered Mother and Child to complete family therapy.
Additionally, it was ordered that visitation between Mother
and Child could only increase if there were negative drug
screens for six (6) consecutive Mondays. On the same day
as the permanency review hearing, the Agency met with
Mother to discuss the Adoption and Safe Families Act (ASFA)
timeline. The Agency discussed family therapy and service
objectives as well as the plan for Child to come home.
Mother purportedly stated that she could obtain financial
assistance but said that she did not want to go through the
process of doing so.
On August 22, 2025, Mother cancelled a supervised visit
with Child. On August 31, 2025, the Agency attempted a
home visit with Mother but was unable to reach her despite
knocking multiple times on the door and repeated attempts
to call her on the telephone.
On September 2, 2025, the Agency spoke with Mother via
telephone regarding inadequate drug screening paperwork
from third parties. Mother reportedly began yelling and
made a comment about giving up on getting Child back. On
the same date, the Agency conducted an unannounced
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home visit, but the Agency representative had to wait and
knock for ten (10) minutes before Mother opened the door.
On September 12, 2025, Mother met with the Agency at the
Agency’s office, where Mother expressed that she did not
want to participate in family therapy despite it being ordered
by this [c]ourt.
On September 19, 2025, Mother cancelled a supervised visit
with Child. On September 26, 2025, Mother tested positive
for alcohol in a drug screen, and another supervised visit
with Child was cancelled.
On October 23, 2025, the Agency visited Child’s foster
home. While there, Child told the Agency that Mother had
spent the whole weekend with him while he was at his aunt’s
house, and Mother had told him not to say anything about
her being there. The same day, Child’s foster mother
reached out to the Agency and said that Mother had called
asking if the Agency had been out to see Child. Reportedly,
when Child was told that he would no longer be able to see
his aunt, he was visibly excited.
On October 29, 2025, Mother called the Agency and stated
that she would not come in for her scheduled drug screen.
She also refused to provide information about whether she
had stayed overnight with Child. On October 30, 2025, the
Agency was informed by Child’s therapist that Child was
scared to go home to Mother.
On November 20, 2025, this [c]ourt held a permanency
review hearing and ordered that Child remain dependent
and in the care and custody of the Agency. This [c]ourt also
ordered that Mother’s visits be reduced to twice a month.
On February 4, 2026, the Agency filed a Petition for
Involuntary Termination of Mother’s parental rights to Child.
(Orphans’ Court Opinion, filed 7/30/26, at 1-6).
The court held a termination hearing on March 16, 2026 and May 19,
2026. At the March 16, 2026 hearing, the court heard testimony from the
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following witnesses: Angela Weller, Psy. D., a psychologist who conducted a
psychological and parenting evaluation of Mother on October 8, 2024; Mikayla
O’Reilly, an outpatient therapist at Pennsylvania Counseling Service, who
worked as Mother’s therapist; Elizabeth Staub, Mother’s caseworker from the
Agency;1 Chanell Blanding (Mother’s cousin); Mother; and T.H. (Child’s adult
sibling who resides with Mother).
At the May 19, 2026 hearing, the court heard additional testimony from
Ms. Staub and testimony from Child’s foster father. The court also conducted
an in camera interview with Child. Child expressed a preference to live with
Mother.2
On May 21, 2026, the court entered a decree involuntarily terminating
Mother’s parental rights. Mother timely filed a notice of appeal on June 11,
2026, along with a concise statement per Pa.R.A.P. 1925(a)(2)(i).
Mother raises the following issues for our review:
Did the [Orphans’ Court] abuse its discretion in terminating
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1 Ms. Staub testified, inter alia, that “after approximately two years of Agency
involvement with Child, Mother has still not completed the following service
objectives: 1) weekly communication with Child either through visits, phone
calls, or text messages; 2) following through with any recommendation from
her drug and alcohol evaluation; and 3) completing three weekly drug
screenings.” (Orphans’ Court Opinion at 12) (citing N.T. Hearing, 3/16/26, at
54-55).
2 We note that the record confirms the court appointed separate legal interests
counsel for Child following the conclusion of the March 16, 2026 hearing when
the record indicated that there might be a conflict between Child’s best and
legal interests. (See N.T. Hearing, 3/16/26, at 158-59). We further note with
displeasure that legal interests counsel did not file a brief on appeal.
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parental rights of Mother where the agency failed to meet
its burden of proof? …
Did the [Orphans’ Court] abuse its discretion by failing to
give primary consideration to the developmental, physical,
emotional needs, and welfare of the child?
(Mother’s Brief at 5) (sub-issues omitted).
Appellate review in termination of parental rights cases implicates the
following principles:
In cases involving termination of parental rights: “our
standard of review is limited to determining whether the
order of the trial court is supported by competent evidence,
and whether the trial court gave adequate consideration to
the effect of such a decree on the welfare of the child.”
In re Z.P., 994 A.2d 1108, 1115 (Pa.Super. 2010) (quoting In re I.J., 972
A.2d 5, 8 (Pa.Super. 2009)).
Absent an abuse of discretion, an error of law, or
insufficient evidentiary support for the trial court’s
decision, the decree must stand. … We must employ
a broad, comprehensive review of the record in order
to determine whether the trial court’s decision is
supported by competent evidence.
In re B.L.W., 843 A.2d 380, 383 (Pa.Super. 2004) (en
banc), appeal denied, 581 Pa. 668, 863 A.2d 1141 (2004)
(internal citations omitted).
Furthermore, we note that the trial court, as the finder
of fact, is the sole determiner of the credibility of
witnesses and all conflicts in testimony are to be
resolved by [the] finder of fact. The burden of proof
is on the party seeking termination to establish by
clear and convincing evidence the existence of
grounds for doing so.
In re Adoption of A.C.H., 803 A.2d 224, 228 (Pa.Super.
2002) (internal citations and quotation marks omitted). The
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standard of clear and convincing evidence means testimony
that is so clear, direct, weighty, and convincing as to enable
the trier of fact to come to a clear conviction, without
hesitation, of the truth of the precise facts in issue. In re
J.D.W.M., 810 A.2d 688, 690 (Pa.Super. 2002). We may
uphold a termination decision if any proper basis exists for
the result reached. In re C.S., 761 A.2d 1197, 1201
(Pa.Super. 2000) (en banc). If the court’s findings are
supported by competent evidence, we must affirm the
court’s decision, even if the record could support an opposite
result. In re R.L.T.M., 860 A.2d 190, 191[-92] (Pa.Super.
2004).
In re Z.P., supra at 1115-16 (quoting In re Adoption of K.J., 936 A.2d
1128, 1131-32 (Pa.Super. 2007), appeal denied, 597 Pa. 718, 951 A.2d 1165
(2008)).
The Orphans’ Court granted involuntary termination of Mother’s parental
rights under Section 2511(a)(1) and (b), which state:3
§ 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.
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3 Although the court also found termination proper under Section 2511(a)(2),
(5), and (8), “[p]arental rights may be involuntarily terminated where any
one subsection of Section 2511(a) is satisfied, along with consideration of the
subsection 2511(b) provisions.” In re Z.P., supra at 1117 (emphasis added).
Thus, we focus our review on Section 2511(a)(1) and (b). For this reason, we
also omit below Mother’s arguments as to whether termination was proper
under Section 2511(a)(2), (5), and (8).
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* * *
(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.
23 Pa.C.S.A. § 2511(a)(1) and (b).
In her issues combined, Mother argues that throughout the proceedings
she has shown a constant resolve to complete her service objectives. Mother
highlights testimony from Ms. Staub that Mother signed all releases,
completed parenting classes, completed a psychological evaluation, followed
through with a drug and alcohol evaluation, and maintained consistent
communication with the Agency. Mother emphasizes that she obtained a
living space that is safe and appropriate for Child where Child’s siblings can
also reside. Mother acknowledges that she missed 14 visits with Child within
a period of two years, but she explains there “was a mix of the Agency not
allowing her to visit if she tested positive for narcotics, the Child not wanting
to go, or cancellations.” (Mother’s Brief at 12). Mother insists that she
attempted to engage with Child even when Child did not want to attend visits.
Mother contends that she maintained a showing of interest in Child’s life.
Mother insists that her hard work and progress make clear that she did not
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demonstrate a settled purpose to relinquish a parental claim to Child, or a
refusal or inability to perform parental duties per Section 2511(a)(1).
Regarding Section 2511(b), Mother argues that she has a beneficial
bond with Child. Mother contends that her visits with Child generally went
well and Child would be happy to see her. Mother avers that she encouraged
Child to maintain proper hygiene and keep up with treating his skin conditions
(dry skin/eczema). Mother highlights that she would embrace Child, show
him photos of the family on her phone, play basketball with him, eat with him,
and try to call Child on the phone even when Child did not want to speak to
her. Mother insists that she has all of Child’s favorite things at her home and
she will ensure Child can play sports and do all the things he enjoys. Mother
maintains that the Agency did not present evidence of a lack of a bond
between Mother and Child. Mother asserts that severing the bond between
Mother and Child will be harmful to Child. Mother concludes that the court’s
termination decision under Section 2511(a)(1) and (b) was improper, and this
Court must grant relief. We disagree.
When conducting a termination analysis:
Initially, the focus is on the conduct of the parent. The party
seeking termination must prove by clear and convincing
evidence that the parent’s conduct satisfies the statutory
grounds for termination delineated in Section 2511(a). Only
if the court determines that the parent’s conduct warrants
termination of…his parental rights does the court engage in
the second part of the analysis pursuant to Section 2511(b):
determination of the needs and welfare of the child under
the standard of best interests of the child.
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In re L.M., 923 A.2d 505, 511 (Pa.Super. 2007) (internal citations omitted).
Termination under Section 2511(a)(1) involves the following:
To satisfy the requirements of [S]ection 2511(a)(1), the
moving party must produce clear and convincing evidence
of conduct, sustained for at least the six months prior to the
filing of the termination petition, which reveals a settled
intent to relinquish parental claim to a child or a refusal or
failure to perform parental duties. In addition,
Section 2511 does not require that the parent
demonstrate both a settled purpose of relinquishing
parental claim to a child and refusal or failure to
perform parental duties. Accordingly, parental rights
may be terminated pursuant to Section 2511(a)(1) if
the parent either demonstrates a settled purpose of
relinquishing parental claim to a child or fails to
perform parental duties.
Once the evidence establishes a failure to perform parental
duties or a settled purpose of relinquishing parental rights,
the court must engage in three lines of inquiry: (1) the
parent’s explanation for his or her conduct; (2) the post-
abandonment contact between parent and child; and (3)
consideration of the effect of termination of parental rights
on the child pursuant to Section 2511(b).
In re Z.S.W., 946 A.2d 726, 730 (Pa.Super. 2008) (internal citations
omitted).
Under Section 2511(b), the court must consider whether termination
will meet the child’s needs and welfare. In re C.P., 901 A.2d 516, 520
(Pa.Super. 2006). “Intangibles such as love, comfort, security, and stability
are involved when inquiring about the needs and welfare of the child. The
court must also discern the nature and status of the parent-child bond, paying
close attention to the effect on the child of permanently severing the bond.”
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Id. Significantly:
In this context, 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.
When conducting a bonding analysis, the court is not
required to use expert testimony. Social workers and
caseworkers can offer evaluations as well. Additionally,
Section 2511(b) does not require a formal bonding
evaluation.
In re Z.P., supra at 1121 (internal citations omitted).
Further, our Supreme Court has clarified that, in making a Section
2511(b) determination, a trial court must analyze: (1) whether the parental
bond is “necessary and beneficial to the child;” (2) “the child’s need for
permanency and length of time in foster care;” (3) “whether the child is in a
pre-adoptive home and bonded with foster parents;” and (4) “whether the
foster home meets the child’s developmental, physical, and emotional needs,
including intangible needs of love, comfort, security, safety and stability.”
Interest of K.T., ___ Pa. ___, ___, 296 A.3d 1085, 1113 (2023). Moreover,
the Court explained that, when reviewing the nature of the parental bond, a
court must consider “whether maintaining the bond serves the child’s
developmental, physical, and emotional needs and welfare.” Id.
Instantly, the Orphans’ Court explained its rationale for terminating
Mother’s parental rights under Section 2511(a)(1) as follows:
[T]he testimony presented at the [termination h]earing in
this matter demonstrated that Mother had evidenced a
settled purpose of relinquishing parental claim to Child for a
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period of at least six months immediately preceding the
Agency’s filing of the [termination p]etition.
While Mother has complied with some of the service
objectives established in this case, that compliance overall
has been minimal. Mother took one parenting course, she
maintained contact with the Agency, and she attended all
permanency review hearings. However, her efforts to
improve her mental health and address her substance
addiction have been inconsistent, and the results of such
efforts have been mixed.
While Mother completed a psychological evaluation, she did
not complete all the recommendations of the evaluation as
of the time of the [termination] hearing. Specifically, she
had not yet commenced mental health counseling, she had
not set up a psychiatric consultation, and she had not
arranged family therapy as recommended by the evaluation.
Moreover, while she was participating in drug and alcohol
treatment as of the time of the [termination] hearing, the
testimony established that her attendance at the treatment
sessions was sporadic, with her having missed six of her
scheduled counseling sessions in the month of February
2026 alone. Moreover, while both the Agency and PA
Counseling required Mother to submit to periodic drug
screenings, Mother consistently has missed drug screenings
and has tested positive for alcohol on multiple occasions,
causing her to miss scheduled visits with Child. In fact,
throughout the life of this case, [Ms.] Staub reported that
Mother has missed about fourteen (14) scheduled visits with
Child, either due to positive drug screens or last-minute
cancellations by Mother. Mother herself admitted that she
drinks alcohol on occasion despite the fact that she recently
met the criteria for alcohol abuse and in spite of her past
significant struggles with PCP addiction.
In sum, while we acknowledge that Mother has seemingly
made progress regarding her PCP addiction, her continued
use of alcohol, her sporadic attendance at drug and alcohol
treatment sessions, her repeated failure to submit to
periodic drug testing, are concerning in light of her previous
substance addiction and raises concerns about her ability to
be serious about and effectively treat and manage her
substance use. As improving her mental health and getting
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her substance abuse fully under control are pivotal to
ensuring Mother’s ability to effectively parent and provide a
safe and stable environment for Child, we believe that her
overall inconsistent and lackluster efforts in these endeavors
evidence a settled purpose of relinquishing claim to Child,
and the termination of her parental rights was appropriate
under 23 Pa.C.S. § 2511(a)(1).
(Orphans’ Court Opinion at 20-22).
The record supports the court’s analysis. Although Mother made some
progress throughout the life of this case, Mother failed to complete or follow
through with multiple recommendations as discussed above. Indeed, Dr.
Weller testified that after she evaluated Mother, she provided various
recommendations to Mother in a letter which directed Mother to reach out to
Dr. Weller to discuss the recommendations in more detail. However, Dr.
Weller had no record of Mother following up with Dr. Weller. (See N.T.
Hearing, 3/16/26, at 12-13). Mother’s therapist, Ms. O’Reilly, also testified
that Mother had several no-show or cancelled treatment appointments. (See
id. at 28-29). Caseworker Staub also confirmed that Mother’s compliance
with her service objectives was mixed. (Id. at 41-49). Further, as discussed,
Mother missed approximately 14 visits with Child either due to cancellations
by Mother or due to positive drug screens by Mother which caused her to be
unable to attend. (Id. at 42). While Ms. Staub also sought to help Mother
set up case management services, Mother expressed disinterest in certain
services. (Id. at 45). Mother also failed to appear for multiple scheduled drug
screenings and missed several scheduled counseling sessions. (Id. at 47-48).
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Ms. Staub also testified that Mother has not attended Child’s regular medical
appointments or any of Child’s sports practices or games. (Id. at 52-53). Ms.
Staub explained that after approximately two years of Agency involvement,
Mother had still failed to complete all of her service objectives. (Id. at 54-
55). On this record, we cannot say that the court erred or abused its discretion
in finding that termination of Mother’s parental rights was proper under
Section 2511(a)(1). In re Z.P., supra; In re Z.S.W., supra.
With respect to Section 2511(b), the Orphans’ Court stated:
In the instant case, the best interests of Child were served
by terminating Mother’s parental rights and ordering that
Child remain in the custody of the Agency. Child reported
to this [c]ourt that he loved his Mother and wanted to stay
with his Mother, but the evidence and testimony presented
over the two-day hearing raised significant doubts to this
[c]ourt about whether being placed with Mother would
provide the security and stability necessary to promote
Child’s developmental, physical and emotional needs and
welfare.
While Child claimed that he loved his mother and that he
wished to live with her, this [c]ourt is not convinced that is
such a strong bond between Child and Mother that severing
the bond would be detrimental to Child’s wellbeing.
Caseworker Staub, who observed visits between Mother and
Child throughout the life of this case, reported that Child
would be hesitant to react with Mother during the visits, and
Child would often play on his phone or play sports alone in
the Agency’s visitation room. Moreover, it was reported that
as this case progressed, Child refused to even answer the
phone when Mother attempted to call.
As for Child’s developmental, physical and emotional needs
and welfare, we do not believe that these would be best
served by continuing Mother’s parental rights and placing
Child with Mother. Child’s newest foster father testified that
Child has been exhibiting significant behavioral issues in the
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days leading up to the second [termination] hearing date,
and Caseworker Staub unequivocally testified that Child
would best benefit from having stability, discipline, and
responsibility which he clearly lacked in Mother’s home.
Mother’s ongoing issues with alcohol abuse, her hesitance
to seek mental health treatment, and her inconsistent
efforts at keeping up with drug and alcohol treatment clearly
pose a challenge to her ability to tend to Child’s
developmental, physical and emotional needs, a challenge
which is compounded by the fact that Mother is unable to
drive and, by her own admission, would have to heavily rely
on other individuals to assist in the transportation and
caregiving of Child.
Taking all the foregoing into consideration, we believe that
terminating Mother’s parental rights will not be detrimental
to Child’s emotional wellbeing, and we maintain that
terminating Mother’s parental rights and permitting the
Agency to work towards placing Child in a permanent stable
foster home would be the most conducive to promoting
Child’s developmental, physical and emotional needs.
(Orphans’ Court Opinion at 26-27).
The record supports the court’s analysis. Caseworker Staub testified
that when she observed some visits between Mother and Child, Child would
sit on his phone or play basketball alone. (See N.T. Hearing, 3/16/26, at 43-
44). Ms. Staub noted that between the dates of the termination hearings,
Child had been placed in a new foster home. Ms. Staub testified that between
the dates of the termination hearings, Mother had missed two of her scheduled
visits with Child and had multiple positive screens for alcohol. Based on the
developments between the March 16, 2026 and May 19, 2026 hearing dates,
Ms. Staub opined that it was still her belief that it would be in Child’s best
interests to have Mother’s parental rights terminated. (See N.T. Hearing,
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5/19/26, at 5-8). Further, Child’s foster father at the time of the second
termination hearing stated that despite Child’s recent behavior, he was still
willing to serve as a foster parent for Child and was trying to effectively deal
with Child’s outbursts. (See id. at 16-21).
Although the court acknowledged Child’s preference to live with Mother,
such preference is not dispositive. See Interest of D.R.-W., 227 A.3d 95
(Pa.Super. 2020) (explaining that child’s preferred outcome in termination
matter is not controlling, especially where child is under 12 years old; where
child’s preference appeared immature and completely at odds with other
evidence of record, it was well within court’s discretion to accord such
preference little weight). On this record, we cannot say that the court erred
or abused its discretion in deciding that termination of Mother’s parental rights
was proper under Section 2511(b), where termination would best serve Child’s
needs and welfare. See In re Z.P., supra. Accordingly, we affirm.
Decree affirmed.
Judgment Entered.
Benjamin D. Kohler, Esq.
Prothonotary
Date: 10/23/2026
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