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Grounds for involuntary termination - 23 Pa. Cons. Stat. § 2511

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                               SUBCHAPTER B
                         INVOLUNTARY TERMINATION

     Sec.
     2511.  Grounds for involuntary termination.
     2512.  Petition for involuntary termination.
     2513.  Hearing.

        Cross References.  Subchapter B is referred to in section
     2504.1 of this title; section 6351 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.
            (2)  The repeated and continued incapacity, abuse,
        neglect or refusal of the parent has caused the child to be
        without essential parental care, control or subsistence
        necessary for his physical or mental well-being and the
        conditions and causes of the incapacity, abuse, neglect or
        refusal cannot or will not be remedied by the parent.
            (3)  The parent is the presumptive but not the natural
        father of the child.
            (4)  The child is in the custody of an agency, having
        been found under such circumstances that the identity or
        whereabouts of the parent is unknown and cannot be
        ascertained by diligent search and the parent does not claim
        the child within three months after the child is found.
            (5)  The child has been removed from the care of the
        parent by the court or under a voluntary agreement with an
        agency for a period of at least six months, the conditions
        which led to the removal or placement of the child continue
        to exist, the parent cannot or will not remedy those
        conditions within a reasonable period of time, the services
        or assistance reasonably available to the parent are not
        likely to remedy the conditions which led to the removal or
        placement of the child within a reasonable period of time and
        termination of the parental rights would best serve the needs
        and welfare of the child.
            (6)  In the case of a newborn child, the parent knows or
        has reason to know of the child's birth, does not reside with
        the child, has not married the child's other parent, has
        failed for a period of four months immediately preceding the
        filing of the petition to make reasonable efforts to maintain
        substantial and continuing contact with the child and has
        failed during the same four-month period to provide
        substantial financial support for the child.
            (7)  The parent is the father of a child conceived as a
        result of a rape or incest.
            (8)  The child has been removed from the care of the
        parent by the court or under a voluntary agreement with an
        agency, 12 months or more have elapsed from the date of
        removal or placement, the conditions which led to the removal
        or placement of the child continue to exist and termination
        of parental rights would best serve the needs and welfare of
        the child.
            (9)  The parent has been convicted of one of the
        following in which the victim was a child of the parent:
                (i)  an offense under 18 Pa.C.S. Ch. 25 (relating to
            criminal homicide);
                (ii)  a felony under 18 Pa.C.S. § 2702 (relating to
            aggravated assault);
                (iii)  an offense in another jurisdiction equivalent
            to an offense in subparagraph (i) or (ii); or
                (iv)  an attempt, solicitation or conspiracy to
            commit an offense in subparagraph (i), (ii) or (iii).
        (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.
        (c)  Right to file personal and medical history
     information.--At the time the decree of termination is
     transmitted to the parent whose rights have been terminated, the
     court shall advise the parent, in writing, of his or her
     continuing right to place and update personal and medical
     history information, whether or not the medical condition is in
     existence or discoverable at the time of adoption, on file with
     the court and with the Department of Public Welfare pursuant to
     section 2905(d) (relating to impounding of proceedings and
     access to records).
     (May 21, 1992, P.L.228, No.34, eff. 60 days; Dec. 20, 1995,
     P.L.685, No.76; Apr. 4, 1996, P.L.58, No.20, eff. 60 days; Nov.
     9, 2006, P.L.1358, No.146, eff. 180 days)

        2006 Amendment.  Act 146 added subsec. (a)(9).
        1996 Amendment.  Act 20 amended subsec. (a)(7).
        1995 Amendment.  Act 76 amended subsecs. (b) and (c) and
     added subsec. (a)(8). Section 7 of Act 76 provided that subsecs.
     (b) and (c) shall take effect in 60 days and, with regard to a
     child who has been removed from the care of the parent by the
     court or under a voluntary agreement with an agency prior to the
     effective date of Act 76, subsec. (a)(8) shall take effect 12
     months after the effective date of Act 76.
        Cross References.  Section 2511 is referred to in sections
     2513, 2714 of this title; section 6302 of Title 42 (Judiciary
     and Judicial Procedure).

Last modified: November 27, 2007