Opinion

In the Int. of: M.K.L., Appeal of: Phila. DHS

  • 2026 Pa. Super. 33
Court
Superior Court of Pennsylvania
Filed
Feb 24, 2026
Status
Published
Author
Bowes
On the bench
Beck; Bowes
Cited by
0 cases
Authority
More cited than 45.8%

The opinion

J-A27031-25

2026 PA Super 33

IN THE INTEREST OF: M.K.L., A : IN THE SUPERIOR COURT OF

MINOR : PENNSYLVANIA

:

:

APPEAL OF: PHILADELPHIA :

DEPARTMENT OF HUMAN SERVICES :

:

:

: No. 947 EDA 2025

Appeal from the Order Entered April 10, 2025

In the Court of Common Pleas of Philadelphia County Juvenile Division at

No(s): CP-51-AP-0000061-2025

IN THE INTEREST OF: M.A.L., A : IN THE SUPERIOR COURT OF

MINOR : PENNSYLVANIA

:

:

APPEAL OF: PHILADELPHIA :

DEPARTMENT OF HUMAN SERVICES :

:

:

: No. 948 EDA 2025

Appeal from the Order Entered April 10, 2025

In the Court of Common Pleas of Philadelphia County Juvenile Division at

No(s): CP-51-AP-0000062-2025

BEFORE: BOWES, J., MURRAY, J., and BECK, J.

CONCURRING OPINION BY BOWES, J.: FILED FEBRUARY 24, 2026

Constrained as we are by our Supreme Court’s precedent, I agree with

my esteemed colleagues’ decision to vacate the orders denying DHS’s

petitions to terminate Mother’s parental rights to her five-year-old sons,

M.K.L. and M.A.L. (“Children”), pursuant to 23 Pa.C.S. § 2511(a)(8) and (b).

However, for the reasons discussed infra, I write separately to stress my

J-A27031-25

position that where, as here, the certified record reveals that there is only one

reasonable ultimate outcome of the termination proceedings, delaying the

inevitable is contrary to the involved children’s best interests and the goals of

the Juvenile Act.

In outlining the reasons for its disposition, the Majority concludes that

the trial court erred both by (1) failing to conduct the bifurcated legal analysis

required by § 2511, see Majority Opinion, at 34-35, 39; and (2) misapplying

the law in relation to the second prong of § 2511(a)(8) to determine that DHS

failed to establish that the conditions that led to the Children’s removal no

longer existed. Id. at 48 (“Applied to the correct legal standard under

subsection (a)(8), the juvenile court’s findings, at best, indicate that Mother

has made some progress toward eliminating the conditions.”); see also In re

I.J., 972 A.2d at 11 (providing our inquiry is focused upon whether predicate

conditions have been “remedied” such that “reunification of parent and child

is imminent at the time of the hearing”).

Considering the foregoing errors, DHS requests that we reverse the trial

court order and terminate Mother’s parental rights. See DHS brief at 51

(“Reversal is necessary to protect [the Children’s] right to stability, security,

and emotional well-being.”). The Child Advocate also supports reversal in

anticipation of adoption. See Children’s brief at 33 (“[T]he Child Advocate

respectfully requests that this Court reverse the trial court's decision and

terminate the parental rights of Mother and allow the children to achieve

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permanence in the safe and nurturing home of their Grandmother.”)1

However, relying upon our High Court’s prior admonishments in Interest of

S.K.L.R., 256 A.3d 1108, 1123 (Pa. 2021), and Interest of K.T., 296 A.3d

1085, 1117 (Pa. 2023) (quoting S.K.L.R. (appellate courts “are not in a

position to make the close calls based on fact-specific determinations”)), the

Majority declines the invitation to reverse the trial court’s order denying

termination. See Majority Opinion at 54.

I find no fault with the Majority’s measured course of action in refusing

to do so. Nevertheless, it is the opinion of this jurist that delaying permanency

in these dependency-related involuntary termination cases by remanding for

further proceedings, in the face of reversible error, undermines the stated

“‘goal of finding permanency for children in less than two years, absent

compelling reasons,’ in accordance with federal law.” Interest of K.T., 296

A.3d at 1108 (quoting In re T.S.M., 71 A.3d 251, 269 (Pa. 2013) (“Following

[the Adoption and Safe Families Act of 1997 (“ASFA”)], Pennsylvania adopted

the goal of finding permanency for children in less than two years[.]”))

(cleaned up); see also 42 U.S.C. § 675(5)(E) (delineating procedure to

assure that participating agencies proceed with termination when children

have been in foster care for fifteen of the most recent twenty-two months);

____________________________________________

1 Remanding these cases for what amounts to a do-over vitiates this advocacy

for prompt finality.

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42 Pa.C.S. § 6351(f)(9) (implementing ASFA consideration in permanency

review hearings).

From my perspective, it is critical to advance the Children’s interest in

permanency because of the fleeting nature of childhood. As the K.T. Court

explained:

Our unanimous decision in T.S.M. also highlighted the importance

of permanency and the need to find stability for dependent children

in a timely fashion. As then-Justice Baer stated so eloquently,

courts considering a termination petition “must keep the ticking

clock of childhood ever in mind. Children are young for a scant

number of years, and we have an obligation to see to their healthy

development quickly.” Id. at 269 (emphasis added).

Interest of K.T., 296 A.3d at 1107–08 (Pa. 2023).

Mindful that permanence is near to paramount, and considering the

inevitable outcome of this case, on a clean slate I would have simply

acknowledged the trial court’s procedurally-flawed legal analysis and directed

it to grant the petition to terminate Mother’s parental rights to facilitate

Children’s adoption by S.K., the Paternal Grandmother. Where, as here, the

underlying facts plainly support the termination of parental rights, reversal

avoids the unnecessary delays to permanency associated with remanding for

further proceedings, which, as the K.T. Court noted, may include allowing the

trial court to further develop the record.

As this case is exemplary of what I consider a manifestly unreasonable

decision calling for reversal, I summarize the following facts as applied to the

appropriate legal analysis. DHS removed Children from Mother’s care based

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upon allegations that she abused M.K.L. physically, resulting in a black eye

and facial lacerations. See N.T., 3/13/25 at 11. The allegation of abuse was

determined to be founded. Id. 13 (“The [c]ourt’s going to take judicial notice

that the Court found [Mother] as a perpetrator of child abuse at the last listing

as to M.K.L.”). Hence, concerns about Mother’s anger management and

mental health problems have permeated this case from the outset.

During the termination hearing, Mother’s aggression emerged as she

persistently interrupted the testimony of Sheena Lowe, the CUA case manager

assigned to the Children. Mother provided a running commentary of

Ms. Lowe’s testimony, interrupted the proceedings seventy times, and

engaged in several profanity-laced emotional outbursts. At one point, Mother

so heatedly protested Ms. Lowe’s testimony, speaking over counsel, the trial

court, and the security officer, that the court instructed the Sherrif’s Office to

escort Mother from the courtroom. The following excerpt underscores the

tirade that preceded Mother’s ejection:

MS. LOWE: There were additional issues concerning [Mother’s]

home, that it was a lot of clutter, and the home was in a state of

disarray and there wasn’t any food in the refrigerator and very

little food in the cabinets.

THE MOTHER: Oh my god.

....

THE MOTHER: That’s fucking retarded. Like –

MS. LOWE: That was from my review of the record.

THE COURT: Okay.

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THE MOTHER: Oh my gosh.

....

THE MOTHER: Like this is unfair because that’s not even true.

THE COURT: Okay.

THE MOTHER: Like this is retarded. Like you all just saying

anything.

....

THE MOTHER: No, because now they’re just saying anything.

COURT OFFICER: Stop screaming out.

THE COURT: [Mother], you got to –

THE MOTHER: Like that’s not even true. Like I’ll -- I’ll tell you if

that’s true. Like that’s really retarded.

THE COURT: Okay.

THE MOTHER: Like she’s just saying anything. That wasn’t even

in the report originally. I had safety hazards. Fucking radiators

weren’t covered, stuff like that. What do you mean no food in the

cabinets and stuff? Like oh my gosh.

....

THE COURT: All right, [Mother]. You’re going to have your

opportunity, [Mother]. Go ahead, [DHS Counsel].

[DHS Counsel]: Thank you, Your Honor.

BY [DHS Counsel]:

Q. Do you have concerns that [M]other is or was using substances

at any point?

A. Yes.

Q. Can you elaborate on why you have those concerns?

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A. I have those concerns based off of –

....

THE MOTHER: This is crazy. They just want to terminate. You

all just want to terminate me at this point.

THE COURT: [Mother], that’s enough, [Mother].

THE MOTHER: Like this is retarded. They’re going to do it

anyway. It’s okay. This is you all world.

....

THE MOTHER: That’s it. That’s -- this is retarded. I’ve never

been around you using any substance. Are you -- are you serious?

....

THE MOTHER: You’re really trying to terminate me right now[?]

[MOTHER’S COUNSEL]: Let me do the objecting.

THE MOTHER: She just -- like she just literally -- that’s false.

....

THE MOTHER: That is so false.

....

THE MOTHER: Oh my god. Like this is what I’m talking about.

....

THE MOTHER: Like, ma’am, you’re just saying anything on that

stand, and you are lying. You are lying. You know you are. How

can she do that, yo. How could she do that. She know damn well

that’s a lie. Oh my god. Ma’am.

THE COURT: Okay. Let the record reflect it is now 2:49:32,

[M]other has left the courtroom because [M]other had another

outburst. She was escorted out by the sheriffs. She’s permitted

back in if and when she can resume proper court behavior.

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N.T., 3/15/25, at 16-20.

Even after Mother ostensibly regained her composure and returned to

the hearing, she eventually resumed berating Ms. Lowe about her testimony:

BY [DHS COUNSEL]:

Q. Have you witnessed the boys initiating any affection towards

their mother?

A. No.

Q. Okay. And have you witnessed the boys –

THE MOTHER: This lady --You’re a bitch. That’s what you are.

COURT OFFICER: Ma’am, ma’am.

THE MOTHER: No, she’s a bitch. Yeah, that’s on the record,

yeah.

COURT OFFICER: (inaudible)

THE MOTHER: You all can terminate, do whatever you want.

COURT OFFICER: Ma’am, ma’am, calm down.

THE MOTHER: That’s -- that’s some bullshit, my boys don’t show

me no affection[?] They don’t say mommy and all of that[?] I

love you, none of that, right? This is retarded. Let’s just get

through it. Let’s go. Come on. I really don’t care at this point. I

really don’t. I gave it my fucking all. And for her to just sit up

there like I’ve been just sitting back as a mom, not doing nothing

is just really retarded, down to the fact that my boys don’t even

love me or show me affection. Down to the part where do they

show -- no, they don’t. You all, like this is --this is cruel. This is

so freaking harsh. Like this is crazy, but okay.

....

THE MOTHER: Oh my gosh.

COURT OFFICER: Calm down.

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....

THE MOTHER: My heart is hurt and I can’t keep doing this. This

is my last court date, I swear to god. I gave it my all. I cannot

see this lady again or any – I don’t care what happens. I just got

to – I got to get out of this. Oh my god, oh my god, oh my god.

I try. Oh my god, oh my god. Oh my god.

Id. at 39-40.

Mother’s belligerence highlights the fact that her mental health problems

and chronic inability to manage her anger persist, notwithstanding the trial

court’s finding that DHS did not establish that Mother failed to address the

conditions that led to the Children’s removal. Indeed, the court’s orders

entered from the bench following the hearing soundly refute this would-be

finding that Mother had, in fact, addressed these conditions. As to Mother’s

problems with her mental health and anger management, the court ordered,

“Mom is to continue with mental health treatment at JFK. . . . Mom is to

attend anger management. Mom’s visits are weekly supervised at the agency,

line of sight, line of hearing.” N.T., 3/15/25, at 59.

As noted by the Majority, the trial court’s orders “strongly suggest that

. . . the juvenile court believed that Mother had not remedied the conditions

that led to Children’s removal.” Majority Opinion at 49. Hence, the trial

court’s finding of fact is not supported by the record, and insofar as the

certified record demonstrates that DHS established the second prong of

§ 2511(a)(8) by clear and convincing evidence, the trial court committed

reversible error in denying relief on that basis. Thus, but for being constrained

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to remand these cases, I would see no reason for the court to revisit this

prong.

Finally, while the needs-and-welfare analysis required by the third prong

of § 2511(a)(8) is legally distinct from its particularized counterpart outlined

in § 2511(b), insofar as the latter expressly concerns the child’s

developmental, physical, and emotional needs and welfare, like the trial court

and Majority, I address these analyses collectively. See Majority Opinion at

57 (referencing both § 2511 (a)(8) and § 2511 (b) in stating that the needs

and welfare analysis shall be in accordance with K.T.).

Our Supreme Court delineated this inquiry as follows:

[C]ourts should consider the matter from the child’s perspective,

placing her developmental, physical, and emotional needs and

welfare above concerns for the parent.

Accordingly, the determination of the child’s particular

developmental, physical, and emotional needs and welfare must

be made on a case-by-case basis. We have observed the law

regarding termination of parental rights should not be applied

mechanically but instead always with an eye to the best interests

and the needs and welfare of the particular children involved.

Thus, the court must determine each child’s specific needs.

Moreover, the child’s emotional needs and welfare include

intangibles such as love, comfort, security, and stability. As

further guidance, we have identified factors, i.e., specific needs

and aspects of the child’s welfare, that trial courts must always

consider. The courts must consider whether the children are in a

pre-adoptive home and whether they have a bond with their foster

parents. And, if the child has any bond with the biological parent,

the court must conduct an analysis of that bond, which is not

always an easy task.

Interest of K.T., 296 A.3d at 1105-06 (cleaned up).

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The extent of the “bond-effect analysis necessarily depends on the

circumstances of the particular case.” In re Adoption of J.M., 991 A.2d 321,

324 (Pa.Super. 2010) (cleaned up). It is the trial court’s province to “consider

the totality of the circumstances when performing a needs and welfare

analysis.” Interest of M.E., 283 A.3d 820, 839 (Pa.Super. 2022). This Court

has clarified that it is “within the discretion of the [trial] court to prioritize the

safety and security” of children “over their bonds with their parents.” Id. We

will not disturb such an assessment if the trial court’s factual findings are

supported by the record. Id.

Instantly, the trial court proffered from the bench the following rationale

for denying the petition to terminate Mother’s parental rights:

The [c]ourt found that [the] testimony today was lacking in

specifics as to mother’s shortcomings. The [c]ourt found that [it]

. . . is unable to clearly and convincingly decide that . . . [M]other’s

rights should be terminated based on the evidence that I have in

front of me today. That coupled with the testimony that mom

shares a healthy strong bond with the children leads me to the

only conclusion that the Court can come to is . . . to deny DHS’[s]

petition.

N.T., 3/15/25, at 66-67.

Relative to the Children’s needs and welfare, the trial court expanded

its rationale in the Rule 1925(a) Opinion as follows:

Ms. Lowe described Mother’s visits with the Children as what

the [c]ourt interpreted to be appropriate and positive experiences

for everyone. She stated that Mother brings snacks and toys for

the [C]hildren, and that she interacts with them properly. There

was no testimony elicited that showed that Ms. Lowe or any other

CUA visitation personnel ever had to redirect or coach [M]other

during her time with the Children. Ms. Lowe stated that

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sometimes Mother and the Children sang nursery rhymes together

and that Mother initiated affection with the [C]hildren by kissing

and hugging them in an appropriate manner. (N.T. March 13,

2025, Volume 1, Page 35 to 37). Notably, she testified that

Mother and the [C]hildren enjoy a healthy bond. (N.T. March 13,

2025, Volume 1, Page 46).

Ms. Lowe testified that the Children share a close

relationship with the current caregiver and that they are bonded.

She noted that the caregiver provides a safe, loving, healthy

relationship for the [C]hildren and that the caregiver ensures the

children attend the services they need. She stated that she

believes that the Children would suffer harm if they were removed

from the home of the current caregiver. She also said that she

believed there would be no irreparable harm to the Children if

Mother’s parental rights were terminated. (N.T. March 13, 2025,

Volume 1, Page 42 to 44).

Trial Court Opinion, 5/30/25, at 5-6.

Without rejecting Ms. Lowe’s testimony, the trial court proceeded to

criticize the manner in which DHS presented its case, discussed Mother’s

efforts to comply with her SCP objectives, and ultimately found “DHS failed to

meet its burden of proof, making it unclear to this court whether termination

of [M]other’s parental rights were in the child[ren]’s best interests.” Id. at 7.

Considering the evidence presented during the hearing, the trial court’s

needs-and-welfare analysis is flawed. First and foremost, the record does not

sustain the purported existence of a strong or beneficial parent-child bond

between Mother and Children that is worth preserving. Ms. Lowe never

characterized Mother’s connection to the children as a parental bond, and the

trial court’s rationale impermissibly equates Ms. Lowe’s actual testimony

concerning a “healthy bond” to the “necessary and beneficial” parent-child

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bond that is the fundamental concern under the needs and welfare analysis.

It is not. We have explained that a parental bond requires more than a casual

relationship. See In re J.L.C., 837 A.2d 1247, 1249 (Pa.Super. 2003)

(“Children often know, love, and sometimes have an enjoyable time with

parents who have little to do with their upbringing[.] The key is whether a

bond has developed.”).

Here, there is no evidence of Mother’s parental bond. Even accepting

the trial court’s findings that the visits went as Mother described, we may still

reject the court’s inference that the bond is meaningful. See In re Adoption

of C.M., 255 A.3d 343, 358 (Pa. 2021) (providing our “standard of review . . .

does not require the appellate court to accept the lower court's inferences or

conclusions of law.”). The testimony that the trial court relies upon merely

characterizes a relationship in which Mother is affectionate toward the

Children.

However, Mother’s affection for her Children is not dispositive. As DHS

accurately observes, “expressions of affection such as hugging and singing,

while positive, do not, standing alone, demonstrate the existence of a true

parental bond. Rather, they reflect a limited, recreational dynamic that lacks

the hallmarks of parental responsibility.” DHS brief at 48. Stated plainly, the

positive affection that Mother displayed toward her sons throughout two years

of supervised “line-of-sight-and-hearing” visitations, does not constitute a

necessary and beneficial parental bond which “would predictably cause

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extreme emotional consequences or significant, irreparable harm” to the

Children if severed. See Interest of K.T., 296 A.3d at 1109-10 (explaining

that “severance of a necessary and beneficial relationship is the kind of loss

that would predictably cause ‘extreme emotional consequences’ or significant,

irreparable harm”). Even under the trial court’s restrictive supervision,

Mother’s interactions with her sons during visits cannot be interpreted as

anything beyond appropriate.

Furthermore, the court’s analysis ignored its findings that the Children

are closely bonded with Paternal Grandmother, whom the court acknowledges

provides a safe, loving, healthy relationship for the Children, and satisfies their

needs, including their speech, occupational, and physical therapy services.

Indeed, the Children, both of whom are essentially non-verbal, have thrived

in the care of Paternal Grandmother, with whom they have shared a parent-

child relationship, for what is now three years, more than one-half of their

lives. Critically, notwithstanding the trial court’s emphasis on the Children’s

genial relationship with Mother, the certified record supports no inference

other than that they would be harmed if removed from their pre-adoptive

home with Paternal Grandmother. See N.T., 3/15/25, at 43.

Hence, I believe that it is manifestly unreasonable for the trial court to

have found that DHS failed to meet its burden as to the termination of Mother’s

parental rights. Mother’s feelings of affection for the Children do not preclude

the termination of her parental rights. As of the date of the hearing, the

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Children had been placed with Paternal Grandmother for approximately

twenty-six months and they are entitled to the safety, security, permanency,

and stability that she provides as a pre-adoptive resource. Manifestly, viewed

from the Children’s perspective and mindful of their specific needs,

terminating Mother’s parental rights supports their developmental, physical,

and emotional welfare. The trial court’s recitation of Ms. Lowe’s testimony

confirms as much and DHS was not required to present expert testimony or a

bonding evaluation under the facts of this case. See In re D.L.B., 166 A.3d

322, 328 (Pa.Super. 2017) (“[W]hen evaluating a parental bond, the court is

not required to use expert testimony. Social workers and caseworkers can

offer evaluations as well.” (cleaned up)).

Overall, it is clear to this jurist that delaying the permanency of M.K.L.

and M.A.L. in order for the trial court to revisit Mother’s progress toward

managing her anger and remedying her mental health problems simply

prolongs the inevitable, while depriving the children of their sought-after

permanency, and placing them at risk of harm. This reality is evinced both by

Mother’s shocking manifestation of her inability to overcome her anger issues

during the termination hearing and the continued need for line-of-sight-and-

hearing supervision during her weekly visits with the Children.

Fundamentally, I respectfully disagree with the core idea that appellate

courts should extend a special deference toward trial courts in terminating

parental rights that we do not extend to those courts in other matters that

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focus on the best interest of children. See e.g., Interest of K.B., 331 A.3d

50, 58 (Pa.Super. 2025) (reversing denial of dependency petition and

directing the court to adjudicate the child dependent); Interest of J.B., 296

A.3d 1234, 1242 (Pa.Super. 2023) (reversing juvenile court’s denial of

petitions for goal change and remanding for juvenile court to change

permanency goals to adoption); Rogowski v. Kirven, 291 A.3d 50, 60-61

(Pa.Super. 2023) (“Ultimately, [in child custody cases] the test is whether the

trial court’s conclusions are unreasonable as shown by the evidence of

record.”).

Rather than unnecessarily prolonging the Children’s deprivation of

permanency in this case, but for the trial court’s flawed analysis in the first

instance, I would reverse, as manifestly unreasonable, the orders denying

DHS’s petitions to involuntarily terminate Mother’s parental rights to the

Children notwithstanding the apprehensions our Supreme Court noted in

S.K.L.R., and K.T. See e.g., Interest of K.H., 324 A.3d 1222, 2024 WL

3373094 (Pa.Super. 2024) (non-precedential decision) (“We reverse the trial

court’s order denying termination of Father’s parental rights [because]

remand for further proceedings is not necessary.” (citing Hanna v. Key

Computer Sys., Inc., 562 A.2d 327, 329 (Pa.Super. 1989) (“We have not

. . . simply engaged in the substitution of our judgment for that of the trial

court. Rather, we have a deep and serious difference of opinion with the trial

court as to the effect of the application of the law to the facts of the case[.]”)).

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Accordingly, while I agree that binding precedent directs us to remand

the instant cases for the trial court to perform a proper analysis of §

2511(a)(8) and § 2511(b), mechanically remanding agency-initiated

termination of parental rights cases in the face of reversible error and the

fleeting stage of childhood is, in my view, contrary to the Juvenile Act’s stated

objective to expediently achieve permanency for dependent children. See

Interest of K.T., 296 A.3d at 1108 42; In re T.S.M., 71 A.3d at 269; 42

Pa.C.S. § 6351(f)(9).

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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