In the Int. of: J.T.M.
CourtSuperior Court of Pennsylvania
Date FiledOctober 22, 2026
Docket283 MDA 2026
JudgeLane
StatusUnpublished
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Full Opinion
J-A15023-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
IN THE INTEREST OF: J.T.M., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
:
:
APPEAL OF: J.M., MOTHER :
:
:
:
: No. 283 MDA 2026
Appeal from the Decree Entered February 9, 2026
In the Court of Common Pleas of Dauphin County Orphans' Court at
No(s): 138-ad-2025
IN THE INTEREST OF: J.A.M., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
:
:
APPEAL OF: J.M., MOTHER :
:
:
:
: No. 284 MDA 2026
Appeal from the Decree Entered February 9, 2026
In the Court of Common Pleas of Dauphin County Orphans' Court at
No(s): 139-ad-2025
BEFORE: KUNSELMAN, J., LANE, J., and FORD ELLIOTT, P.J.E.*
MEMORANDUM BY LANE, J.: FILED OCTOBER 22, 2026
J.M. (“Mother”) appeals from the decrees which terminated her parental
rights to her two children: J.T.M. (born in 2013); and J.A.M. (born in 2015)
(collectively “the Children”). Additionally, Mother’s court-appointed counsel,
Michael Farabella, Esquire (“Counsel”) has filed a brief styled pursuant to
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
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Anders v. California, 386 U.S. 738 (1967), as well as an application to
withdraw as counsel. After careful review, we defer a ruling on Counsel’s
application, and remand to the orphans’ court with instructions.
The orphans’ court summarized the factual and procedural history of
this matter as follows:
. . . Mother has a history with the [Dauphin County Social
Services for Children and Youth (hereinafter “the Agency”)]
dating back to 2019. At that time, Mother left the Children for a
month, but because she left the Children with an appropriate
caretaker, the Agency referral was screened out. In 2021, the
Agency received a referral regarding the subject Children’s sister,
who was allegedly being sexually abused by Mother’s former
paramour, who is the father of the Children. Father was
subsequently charged with rape of a minor and various other
charges.
On October 19, 2023, the Agency received a referral with
concerns for Mother and the Children. Specifically, there were
concerns that Mother had been driving while intoxicated and that
Mother was unable to meet the mental health needs of the
Children’s sibling who had been raped by Mother’s former
paramour.
On November 3, 2023, the Agency filed a dependency
petition against Mother due to concerns of unsanitary and unsafe
housing conditions, and lack of parental ability as the Children
were experiencing . . . developmental delays. On November 6,
2023, following a shelter care hearing which was attended by
Mother, the Children were placed in the temporary care and
custody of the Agency.
On November 13, 2023, Mother had a supervised visit with
the Children scheduled, but she missed the visit due to failing to
attend a drug screening. On November 15, 2023, the court held
an adjudication and disposition (“A&D”) hearing. Mother
appeared at the hearing but not until the hearing was concluding.
Following the A&D hearing, the Children were adjudicated
dependent and placed in the care and custody of the Agency in a
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kinship foster home. On that same date, Mother tested positive
for alcohol, benzodiazepines, marijuana, and cocaine.
From November 16, 2023[,] to January 22, 2024, Mother
failed to show for multiple drug screens, missed multiple
scheduled visits with the Children, and missed multiple scheduled
appointments with an Agency caseworker. On January 22, 2024,
Mother completed a drug and alcohol evaluation through Dauphin
County Drug and Alcohol Services. On January 23, 2024, Mother
met with the Agency caseworker to discuss court objectives, a
family service plan, and child permanency plans for the Children.
On February 12, 2024, Mother again failed to appear for a
drug screen, and her scheduled visit with the Children was
cancelled. Between March 1, 2024[,] and July 10, 2024, there
was no contact between Mother and the Agency.
On October 29, 2024, Mother was arrested and charged with
driving under the influence, possession of marijuana, careless
driving, driving while privileges suspended, required financial
responsibility, and possession of a controlled substance by person
not registered.
On December 11, 2024, the Agency caseworker made a
referral for a psychological evaluation for Mother with Hugh Smith
[&] Associates.
On January 24, 2025, Mother called the Agency caseworker.
Mother sounded intoxicated and was slurring her speech such that
the caseworker had a difficult time understanding what she was
saying. The caseworker reviewed Mother’s service objectives and
asked that Mother come to the Agency for a drug screen.
On January 28, 2025, the Agency caseworker requested
Mother come into the office to discuss her family service plan, but
Mother only wanted to talk via telephone. After reviewing
Mother’s service objectives, Mother became distressed and hung
up the phone. Mother and the caseworker spoke again and
scheduled an in-person appointment for January 31, 2025.
Mother failed to appear at the Agency for that appointment.
Mother also failed to appear for a scheduled psychological
evaluation on February 25, 2025.
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On February 28, 2025[,] and March 4, 2025, the Agency
caseworker left two voicemails for Mother, asking her to return
her call. Mother failed to return either call. On March 7, 2025,
the Agency caseworker met with the Family Alternative Provider
(“FAP”). The FAP reported that Mother had been inconsistent with
her appointments and that she had admitted to continuing to drink
alcohol.
On March 12, 2025, the Agency caseworker telephoned
Mother, who reported that she was working with FAP and
Pennsylvania Counseling for mental health and drug and alcohol
treatment, as well as working with Justice Works once per week.
The Agency caseworker told Mother that if Mother could give a
negative urine drug screen[,] visitation could be reinstated. The
Agency caseworker also reviewed Mother’s objectives from the
family service plan.
From March 27, 2025[,] to May 30, 2025, Mother tested
positive for alcohol on two occasions, and from March 31, 2025[,]
to June 26, 2025, Mother tested positive for cocaine on four
occasions. From March 21, 2025[,] to June 4, 2025, the Agency
caseworker left three voicemails with Mother, all which were
unanswered.
On July 7, 2025, Mother contacted the Agency to inquire
about what she needed to do for reunification. The caseworker
advised Mother that she would review the case and contact
Mother. On July 21, 2025, Mother was arrested based on a bench
warrant stemming from failure to pay child support. On August
7, 2025, Mother came to the Agency to advise that she had just
been released from jail, and she submitted a urine sample which
was negative for all substances. On August 20, 2025, the Agency
caseworker telephoned Mother, and they discussed Mother’s
recent release from Dauphin County Prison. Mother reported that
she was finishing a psychological evaluation the following day,
that she had completed a parenting class, and that she was
completing a drug and alcohol evaluation through TrueNorth.
On September 5, 2025, the Agency caseworker called
Mother because she had missed an appointment at the Agency
scheduled for August 29, 2025. Mother reported that she still
needed to finish her drug and alcohol and mental health evaluation
and submit them to True North. Mother also requested a bus pass
from the Agency to assist with urine drug screens. The
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caseworker and Mother scheduled to meet on September 11,
2025. On September 11, 2025, Mother failed to show at the
parking lot of Eddie’s Furniture on Cameron Street, which was the
meeting location requested by Mother. The caseworker attempted
to contact Mother twice by telephone and then texted Mother,
requesting that she call the caseworker back. Mother called back
and said that she would be at Eddie’s Furniture in approximately
fifteen (15) minutes, but the caseworker requested that Mother
come to the Agency instead. Mother never came to the Agency.
Throughout the life of this case, six (6) permanency review
hearings were held on February 24, 2024; July 16, 2024;
November 19, 2024; March 27, 2025; June 26, 2025; and October
30, 2025, respectively. Mother only attended three (3) of the
hearings. At each permanency review hearing, the Children were
found to be dependent and continued to be placed in Agency care
and custody.
On December 19, 2025, the Agency filed petitions for
involuntary termination of Mother’s parental rights to the Children.
[The Agency also filed petitions to involuntarily terminate the
parental rights of the Children’s biological father.]
*****
On February 9, 2026, th[e] court conducted a hearing
(hereinafter “the TPR hearing”) on the Agency’s petitions for
involuntary termination of Mother’s parental rights. [The attorney
who represented the Children during the dependency proceedings,
as their guardian ad litem, Quintana Laudermilch, Esquire
(“Attorney Laudermilch”) appeared at the TPR hearing and
requested to also represent the Children’s legal interests. The
orphans’ court questioned Attorney Laudermilch as to whether she
discerned any conflict between the Children’s best and legal
interests, and she indicated that there was no conflict. See N.T.,
2/9/26, at 5. Accordingly, the orphans’ court ruled that Attorney
Laudermilch could represent the Children’s best and legal interests
at the TPR hearing. Mother did not appear at the hearing and did
not present any testimony or evidence in opposition to the
petitions.]
*****
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At the TPR hearing, the Agency presented the testimony of
Amber Torres [(“Torres”)], the Agency caseworker assigned to the
instant matter. Torres recounted that the Children in this case
were placed into Agency care due to concerns of unsanitary and
unsafe housing conditions, lack of parental ability, and concerns
of substance abuse by Mother. N.T., 2/9/26, at] 11. . . . Torres
recalled that throughout the life of this case, Mother was
scheduled for 195 drug screens, but she only appeared for nine of
them. [Id.] at 13-14. In five of those nine screens, Mother tested
positive for either alcohol, cocaine or both. [Id.] at 15.
Throughout the life of the case, spanning more than two years,
Mother only saw the Children at select court hearings, and she
never had a single formal visit with the Children since they came
into Agency care because she never provided three consecutive
negative drug screens as required for visitation. [Id.] at 16.
Torres also testified that on October 30, 2025, the court granted
the Agency a finding of aggravated circumstances due to Mother’s
failure to maintain substantial and continuing contact with the
Children for a period of longer than six months. [Id.] at 19.
Torres was asked about the various service objectives
Mother was ordered to complete following the [A&D] hearing on
November 15, 2023.
Mother’s first service objective was to cooperate and comply
with the Agency, to yield positive results. Torres testified that
Mother failed to maintain communication with the Agency and that
the Agency received returned mail from Mother throughout the
life of this case. [Id.] at 20.
Mother’s second service objective was to participate in a
parenting program and address her parenting needs to ensure the
consistency of the Children. Torres recounted that Mother
completed the curriculum of a parenting program but failed to
attend the program’s final session to do her post-curriculum
assessments, so she never received a certificate of completion for
the court. [Id.] at 20-21.
Mother’s third service objective was to address any drug and
alcohol issues to ensure the safety of the Children. Mother failed
to appear for most of her scheduled drug screenings, and,
therefore, she was unable to attend any visits with the Children
throughout the life of this case. [Id.] at 21. According to Torres,
the Agency received information indicating that Mother was at
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White Deer Run, a drug and alcohol treatment center in Lebanon,
but she was only there for about five days before being
unsuccessfully discharged. [Id.] at 21.
Mother’s fourth service objective was to maintain stable
housing and employment to provide for her and the Children.
Torres, who only became involved in this case in the summer of
2025, testified that she had never been to Mother’s home and was
therefore unable to testify as to the appropriateness of Mother’s
home. [Id.] at 22. However, Torres did note that Mother was
presently incarcerated at Dauphin County Prison as of the time of
the TPR hearing. [Id.] at 22.
Mother’s fifth and final service objective was to address any
mental health needs to ensure her stability. Torres recounted that
the Agency had referred Mother for a psychological evaluation
through Hugh Smith & Associates, but she missed several
appointments and never completed the evaluation. [Id.] at 22.
Moreover, while Mother represented to Torres that she intended
to go to TrueNorth for mental health services, Mother never
provided any documentation from TrueNorth to confirm that she
was receiving such services. [Id.] at 22-23.
*****
The Agency also presented testimony from Tiffany Burston
[(“Burston”)], a casework supervisor with the Agency. Burston
testified that the Agency was never able to do a home assessment
and that she had never been to Mother’s home because Mother
would always ask the Agency’s workers to meet her at some
location other than her home. [Id.] at 37. Burston stated that
she believed Mother owned a successful cobbler business, but
Mother always refused to provide any documentation to verify the
existence of the business and to verify the income that she earned
from the business. [Id.] at 37-38. As with Torres, Burston
testified that Mother was never able to provide three consecutive
clean drug screens throughout the life of this case. [Id.] at 39.
Burston furthermore recalled that Mother attended some court
hearings under the influence of alcohol or cocaine. [Id.] at 39.
On February 9, 2026, following the TPR hearing, th[e] court
concluded that the Agency had satisfied its burden of establishing,
by clear and convincing evidence, that statutory grounds existed
for termination of Mother’s parental rights to [the Children] and
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issued . . . decree[s] terminating Mother’s parental rights to the
Children. [The court also issued decrees terminating the parental
rights of the Children’s father.] On February 19, 2026, Mother,
through counsel, filed notices of appeal to the Superior Court at
each of the above-captioned dockets, and amended notices of
appeal followed on March 9, 2026. Mother, however, did not file
a statement of errors complained of on appeal at either docket.
Instead, Mother’s counsel filed a statement of intent to file an
Anders . . . brief in lieu of filing a concise statement of matters
on appeal.
On March 3, 2026, th[e] court filed a statement in lieu of a
Pa.R.A.P. 1925[(a)] opinion. Therein, th[e] court expressed that
it would refrain from issuing a [Rule] 1925[(a)] opinion because
Mother’s counsel had not filed a statement of errors complained
of on appeal and instead filed a statement of intent to file an
Anders . . . brief. However, on July 22, 2026, the Superior Court
issued an order directing the trial court to file a [Rule] 1925[(a)]
opinion, addressing the statutory grounds upon which th[e] court
terminated Mother’s parental rights as to each child. The
[orphans’ court then filed a Rule 1925(a) opinion. Thereafter,
Counsel filed an updated Anders brief.]
Orphans’ Court Opinion, 8/20/26, at 2-9 (unnecessary capitalization omitted,
some capitalization added).
When faced with an Anders brief, this Court may not review the merits
of any underlying issues without first examining counsel’s request to
withdraw. See In re X.J., 105 A.3d 1, 3 (Pa. Super. 2014). As this Court
has explained, in order to withdraw pursuant to Anders, counsel must:
1) petition the court for leave to withdraw stating that, after
making a conscientious examination of the record, counsel has
determined that the appeal would be frivolous; 2) furnish a copy
of the [Anders] brief to the [appellant]; and 3) advise the
[appellant] that he or she has the right to retain private counsel
or raise additional arguments that the [appellant] deems worthy
of the court's attention.
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With respect to the third requirement of Anders, that counsel
inform the appellant of his or her rights in light of counsel’s
withdrawal, this Court has held that counsel must “attach to their
petition to withdraw a copy of the letter sent to their client
advising him or her of their rights.”
In re J.D.H., 171 A.3d 903, 907 (Pa. Super. 2017) (citations and quotation
marks omitted).
Additionally, counsel must file a brief that meets the following
requirements established by the Pennsylvania Supreme Court in
Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009):
(1) provide a summary of the procedural history and facts, with
citations to the record; (2) refer to anything in the record that
counsel believes arguably supports the appeal; (3) set forth
counsel’s conclusion that the appeal is frivolous; and (4) state
counsel’s reasons for concluding that the appeal is frivolous.
Counsel should articulate the relevant facts of record, controlling
case law, and/or statutes on point that have led to the conclusion
that the appeal is frivolous.
X.J., 105 A.3d at 3-4 (citation omitted).
“Once counsel has satisfied the above requirements, it is then this
Court’s duty to conduct its own review of the trial court’s proceedings and
render an independent judgment as to whether the appeal is, in fact, wholly
frivolous.” Id. at 4 (citations omitted). Our independent review is not limited
to the issue(s) discussed by Anders counsel, but extends to “additional, non-
frivolous issues” that may have been overlooked by counsel. J.D.H., 171 A.3d
at 908 (citation omitted). An appeal is frivolous when it “lacks any basis in
law or fact.” Santiago, 978 A.2d at 356 (citation omitted).
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In this matter, Counsel filed an application to withdraw indicating his
conscientious review of the cases and his determination that Mother’s appeals
are frivolous. Counsel also filed an Anders brief which included a summary
of the factual and procedural of the case with citations to the record,
discussion of the issues that could arguably support Mother’s appeals, and
Counsel’s explanation for his belief that Mother’s appellate claims are
frivolous, with citations to relevant legal authority. Finally, Counsel attached
to his petition the letter that he sent to Mother which advised her of her rights
to: (1) retain new counsel to pursue the appeals; (2) proceed pro se on the
appeals; and (3) raise any additional points that Mother deems worthy of this
Court’s attention. As Counsel has met the technical requirements of Anders
and Santiago, we will proceed to consider the issues that Counsel has
identified.
In the Anders brief, Counsel identifies the following issues for our
review:
I. Did the [orphans’] court abuse its discretion in terminating
[the] parental rights of Mother where the agency failed to
meet its burden of proof?
II. Did the [orphans’] court abuse its discretion by failing to
give primary consideration to the developmental, physical,
emotional needs, and welfare of the child?
Anders Brief at 6 (unnecessary capitalization omitted).
Our standard of review in termination of parental rights cases is well
established:
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In cases concerning the involuntary termination of parental
rights, appellate review is limited to a determination of whether
the decree of the termination court is supported by competent
evidence. When applying this standard, the appellate court must
accept the trial court’s findings of fact and credibility
determinations if they are supported by the record. Where the
trial court’s factual findings are supported by the evidence, an
appellate court may not disturb the trial court’s ruling unless it
has discerned an error of law or abuse of discretion.
An abuse of discretion does not result merely because the
reviewing court might have reached a different conclusion or the
facts could support an opposite result. Instead, an appellate court
may reverse for an abuse of discretion only upon demonstration
of manifest unreasonableness, partiality, prejudice, bias, or ill-
will. This standard of review reflects the deference we pay to trial
courts, who often observe the parties first-hand across multiple
hearings.
In considering a petition to terminate parental rights, a trial
court must balance the parent’s fundamental right to make
decisions concerning the care, custody, and control of his or her
child with the child’s essential needs for a parent’s care,
protection, and support. Termination of parental rights has
significant and permanent consequences for both the parent and
child. As such, the law of this Commonwealth requires the moving
party to establish the statutory grounds by clear and convincing
evidence, which is evidence that is so clear, direct, weighty, and
convincing as to enable a trier of fact to come to a clear conviction,
without hesitance, of the truth of the precise facts in issue.
Interest of M.E., 283 A.3d 820, 829-30 (Pa. Super. 2022) (cleaned up).
The involuntary termination of parental rights is governed by section
2511 of the Adoption Act,1 which calls for a bifurcated analysis that first
focuses upon the “eleven enumerated grounds” of parental conduct set forth
in section 2511(a) that may warrant termination. Id. at 830; see also 23
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1 See 23 Pa.C.S.A. §§ 2101 et seq.
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Pa.C.S.A. § 2511(a)(1)-(11). If the orphans’ court determines the petitioner
has established grounds for termination under one of the section 2511(a)
subsections by “clear and convincing evidence,” the court then assesses the
petition pursuant to section 2511(b), which focuses upon the child’s
developmental, physical, and emotional needs and welfare. In re T.S.M., 71
A.3d 251, 267 (Pa. 2013); see also 23 Pa.C.S.A. § 2511(b). This Court need
only agree with the orphans’ court’s determination as to any one subsection
of section 2511(a), in addition to section 2511(b), in order to affirm
termination. See M.E., 283 A.3d at 830 (citing In re B.L.W., 843 A.2d 380,
384 (Pa. Super. 2004) (en banc)).
In this case, the orphans’ court terminated Mother’s parental rights to
the Children pursuant to section 2511(a)(1), (2), (5), (8), and (b). Given our
latitude in the review of an orphans’ court’s findings under section 2511(a),
we elect to review the underlying decrees pursuant to section 2511(a)(1) and
(b), which provide as follows:
(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.
****
(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
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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), (b).
In the first issue identified in the Anders brief, Counsel addresses the
sufficiency of the evidence supporting termination under section 2511(a).
Counsel notes that Torres testified that she became involved with Mother’s
case at the beginning of July 2025, although the Agency had been involved
with Mother since 2019 due to parenting concerns. Counsel asserts that
Mother’s substance abuse had been an ongoing concern, and the Agency put
a safety plan in place where Mother could work toward getting off drugs.
However, throughout the life of the case, Mother was in prison or non-
responsive to the Agency.
Counsel relates that Mother has not addressed her substance abuse
concerns, and she was unsuccessfully discharged from both White Deer Run
and Gaudenzia’s Family Alternatives Program. The Agency scheduled Mother
for urine screens and made it a condition that she test negative three
consecutive times to have visitation with the Children reinstated. Counsel
indicates that the Agency requested a total of one hundred and ninety-five
urine screens, but Mother complied with only nine. Furthermore, when Mother
would comply with drug screening, she tested positive on five occasions for
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drugs such as cocaine, buprenorphine, benzodiazepine, and amphetamine.
Counsel highlights that there was a point in time where Mother did not show
for testing for two years, despite the Agency offering to meet her at home or
work.
Counsel explains that Mother did not complete her mental health
requirements. Although she received a referral for Hugh Smith & Associates,
she missed the appointment and never rescheduled an evaluation. While
Mother claimed that she voluntarily signed up for TrueNorth’s counseling
services, she never provided any documentation to the Agency. The Agency
also referred Mother to Justice Works’ Nurturing Parenting Program, but she
failed to attend the final class to graduate from the program.
Counsel explains that Mother failed to maintain a relationship with the
Children throughout the case. Counsel points to Torres’ testimony that Mother
had never taken the Children to medical appointments, and she did not attend
any school meetings for the Children. Torres further testified that the only
time Mother would see Children would be at court, and there was a point in
time that Mother did not have contact with the Children for two years. In fact,
the court found aggravated circumstances existed because Mother did not
attempt to maintain a relationship with her Children for a period exceeding six
months.
Counsel further notes that Mother failed to obtain consistent income or
safe and stable housing. Torres testified that Mother never provided the
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Agency with pay stubs, and Mother never allowed the Agency to do a walk-
through of her residence, despite repeated attempts to do so. Mother was
also in Dauphin County Prison for two months for DUI and drug offenses. In
sum, Counsel submits that Mother was unable to address the concerns which
led to the Agency’s involvement, and the issues that existed at the time of the
Children’s referral to the Agency still existed at the time of the TPR hearing.
The orphans’ court explained the reasons underlying its decision to
terminate Mother’s parental rights pursuant to section 2511(a)(1), as follows:
[Section] 2511(a)(1) allows for the termination of parental
rights when “[t]he 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.” [The court] believe[s] that the testimony presented at
the TPR hearing in this matter demonstrated that Mother had
evidenced a settled purpose of relinquishing parental claim to the
Children for a period of at least six months immediately preceding
the Agency’s filing of the TPR petition[s].
Mother has exhibited almost no compliance with the service
objectives established in th[ese] case[s]. She almost never
communicated with the Agency, and she has missed all except for
nine of the 195 drug screenings scheduled throughout the life of
this case. And out of the nine screenings she appeared for, she
tested positive for alcohol or cocaine on five of those occasions.
She has had zero visits with the Children outside of court
proceedings due to her consistent failure to appear for drug
screenings as required for her to have visits with the Children.
Mother has also failed to complete a mental health evaluation
through Hugh Smith & Associates despite an Agency referral, and
she failed to provide any documentation that she completed an
evaluation through any other outlet.
As for Mother’s objective to maintain stable employment,
there was testimony suggesting that Mother owned a cobbler
business, but she neglected to provide the Agency with
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documentation regarding her finances and income such that the
Agency was unable to determine whether her income would be
sufficient to provide for the Children. Finally, as to Mother’s
objective to maintain stable housing, the Agency caseworker, . . .
Torres, testified that the Agency was unable to evaluate the
suitability of Mother’s home because Mother repeatedly denied the
caseworkers access to her home and insisted on having meetings
at locations other than her home.
In sum, Mother’s continued drug use; her consistent failure
to appear for drug screenings and visits with the Children; her
failure to complete a psychological evaluation; her failure to verify
her employment, income, and housing status; and her otherwise
complete lack of cooperation and communication with the Agency
clearly evidenced a settled purpose of relinquishing parental claim
to a child, as well as an unwillingness to take the steps necessary
for her to effectively perform her parental duties. Therefore, the
termination of her parental rights was appropriate under [section]
2511(a)(1).
Orphans’ Court Opinion, 8/20/26, at 12-13 (unnecessary capitalization
omitted, some capitalization added).
Based on our review, we conclude that the orphans’ court’s
determination that the Agency established the requirements of section
2511(a)(1) by clear and convincing evidence is supported by the record. As
explained above, pursuant to subsection (a)(1), the Agency was required to
establish that Mother “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.” 23 Pa.C.S.A. § 2511(a)(1). In making this
assessment, the orphans’ court was not permitted to consider any efforts
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made by Mother to remedy the conditions after the filing of the TPR petitions.
See 23 Pa.C.S.A. § 2511(b).
Here, the Agency filed the TPR petitions on December 19, 2025. The
evidence of record reflects that, in the six months preceding the filing of those
petitions, Mother either refused or failed to perform parental duties. While
Mother was provided with a list of service objectives, she failed to comply with
or complete those objectives. Specifically, Torres recounted that Mother’s
service objectives were to: (a) cooperate and comply with the Agency to yield
positive results; (b) participate in a parenting program and address her
parenting needs to ensure the consistency of the Children; (c) to address any
drug and alcohol issues to ensure the safety of the Children; (d) maintain
stable housing and employment to provide for her and the Children; and (e)
address any mental health needs to ensure her stability.
In the six months prior to the filing of the TPR petitions, Mother did not
cooperate or comply with the Agency’s directives. Mother failed to maintain
communication with the Agency, and the Agency received returned mail from
Mother throughout the life of this case. Mother failed to return phone calls
from Agency caseworkers, and failed to appear for numerous meetings
scheduled with caseworkers.
Although Mother participated in a parenting program, she failed to
attend the program’s final session to do her post-curriculum assessments, and
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therefore never completed the program, and never received a certificate of
completion to provide to the Agency and the court.
Mother did not address her ongoing drug and alcohol issues to ensure
the safety of the Children. Mother failed to appear for 186 of her 195
scheduled drug screenings. Although the Agency received information
indicating that Mother was at the White Deer Run drug and alcohol treatment
center, she was only there for approximately five days before being
unsuccessfully discharged. Indeed, although Mother attended only a few court
hearings, she appeared at some of those hearings under the influence of
alcohol or cocaine.
While the Agency referred Mother for a psychological evaluation through
Hugh Smith & Associates, she missed several appointments and never
completed the evaluation. Moreover, while Mother claimed that she intended
to go to TrueNorth for mental health services, she never provided the Agency
with any documentation from TrueNorth to confirm either her participation in
— or completion of — any services.
Mother did not demonstrate that she maintained stable housing or
employment to provide for her and the Children. Mother consistently refused
to provide any information regarding her employment or her income. Thus,
the Agency was unable to determine whether Mother had the financial means
to provide for the Children’s needs and welfare. Mother also refused to permit
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caseworkers to come to her residence to assess it for the safety of the
Children.
Most troubling, however, is the fact that, since November 6, 2023, when
the Children were first placed in the care and custody of the Agency, Mother
has not been able to attend any visits with the Children due to her inability to
provide three consecutive negative drug screens throughout the life of this
case. Thus, as of the date of the TPR hearing on December 19, 2025, Mother
had not had a visit with the Children for more than two years. In that same
period of time, Mother did not attend any medical appointments for the
Children, nor any school meetings for them. Consequently, as the record
supports the orphans’ court’s finding of grounds for termination under section
2511(a)(1), we affirm this ruling at both dockets.
In the second issue identified in the Anders brief, Counsel challenges
the trial court’s ruling with respect to section 2511(b). Having agreed with
the orphans’ court as to one of the enumerated subsections of section
2511(a), we would ordinarily turn our attention to the court’s analysis of
section 2511(b). See T.S.M., 71 A.3d at 267 (holding that if the orphans’
court determines the petitioner has established grounds for termination under
one of the section 2511(a) subsections by clear and convincing evidence, the
court then assesses the petition pursuant to section 2511(b), which focuses
upon the child’s developmental, physical, and emotional needs and welfare);
see also M.E., 283 A.3d at 830 (explaining that this Court need only agree
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with the orphans’ court’s determination as to any one subsection of section
2511(a), in addition to section 2511(b), in order to affirm termination).
However, the record before us, including the Orphans’ court opinion prepared
following remand, is devoid of