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In re Adoption of A.H.

Pennsylvania Superior Court

March 3, 2021

In re adoption of A.H. involved Mother’s appeal of the Orphans’ Court decree terminating her rights to her 11-year-old  son pursuant to the Adoption Act. The Pennsylvania Superior Court affirmed, concluding that the record supported the Orphans’ Court’s decision that Mother was incapable of parenting, under 23 Pa.C.S. § 2511(a)(2). To the extent that Mother made legitimate efforts to treat her mental health issues, Cumberland County Children and Youth Services was still able to demonstrate by clear and convincing evidence that Mother’s progress, after 28 months, was insufficient. Mother also sought to challenge the decision to change the dependency goal from reunification to adoption. However, the goal-change decision was issued in a separate order, on a separate docket. Thus, in accordance with Commonwealth v. Walker, 185 A.3d 969 (Pa. 2018), the Court ruled that Mother waived the issue.

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