How to Win a Termination of Parental Rights Case in Pennsylvania​

Understanding how to navigate the termination of parental rights process in Pennsylvania can feel daunting. Termination of parental rights permanently severs a parent’s legal relationship with a child.

Once the court enters a final order, that parent loses custody, visitation, decision-making authority over medical care or education, and support obligations. Most adoption agencies require a full termination before finalizing a placement, so understanding both voluntary and involuntary routes is essential if you’re working toward adoption through a private or county agency.

Two Routes to Terminate Parental Rights

Before diving into the specifics of voluntary or court-ordered endings, it helps to understand the basic choices parents face. One path lets a birth parent willingly surrender rights to make adoption possible, while the other gives the court authority to step in when a child’s safety or well-being is at risk. Each route follows its own rules and timelines, so knowing which one applies to your situation will guide you through the right next steps.

Parents may part ways with their own rights or terminate the other parent’s rights, in one of two ways:

Voluntary Termination

Birth parents who decide they cannot parent may sign consent forms to relinquish their parental rights. Although the parent initiates this process, it still requires a formal hearing in Orphans’ Court where the parent (or their attorney) confirms informed consent. Afterwards, the adoption agency, whether private or Statewide Adoption Network (SWAN) affiliate, will move forward with home studies and matching.

Involuntary Termination

When clear grounds exist for an involuntary termination, such as abandonment, neglect, abuse, or serious criminal conduct, the court can end parents’ rights without parental agreement. The county agency must file a petition, a notice is served, and a formal hearing with testimony is held to decide the matter.

Grounds for Involuntary Termination Under 23 Pa. C.S. § 2511

Pennsylvania’s Consolidated Statutes list specific grounds. A petition may be filed if the parent, for at least six months, has either:

• Refused or failed to perform parental duties, such as providing financial support, medical care, or maintaining meaningful contact, and failed to ensure the child’s basic needs while in the parents’ care.
• Caused the child to lack essential care, due to repeated incapacity, abuse, neglect, or refusal, and cannot or will not remedy those conditions.
• Been convicted of serious offenses, including criminal homicide (18 Pa.C.S. Ch. 25) or aggravated assault (18 Pa.C.S. § 2702) where the victim is the child.
• Committed sexual abuse or is required to register as a sexual offender.
• Unremedied conditions leading to the child’s out-of-home placement for six months, where available services will not correct the issues.

In every case, the court must determine that terminating parental rights best serves the child’s physical, emotional, and developmental well-being.

Step-by-Step: Filing or Defending Against a Petition

Filing or defending against a termination petition doesn’t have to feel like navigating a maze alone. By following clear, practical steps, you’ll avoid common delays like missed deadlines or improper service and make sure the court sees the full picture of your family’s situation. With the right preparation, you’ll be in control of your timeline, protect your or your child’s rights, and move more confidently toward a stable outcome.

1. Determine Your Role
   Decide whether you are petitioning for voluntary or involuntary termination, or defending against a CPS-initiated petition for involuntary termination.
2. Prepare and File the Petition
   In Dauphin County, you file your petition in Orphans’ Court. At a minimum, your paperwork must show:
   • What happened and when
     • Exact dates (or best estimates) of any neglect, abandonment, or criminal acts.
   • Which part of the law applies
     • Point to the specific subsection(s) of 23 Pa. C.S. § 2511(a) that match your situation.
   • Proving proof
     • Attach summaries or copies of CPS reports, medical or school records, and any other documents that back up your claims.
3. Serve Notice
   Legally notify the other parent, the county agency, and any guardian ad litem. Proper service is crucial as mistakes can force the process to restart.
4. Gather and Present Evidence
   Compile all relevant documents: CPS assessments, witness affidavits, and records showing failure to pay child support or maintain contact. At the hearing, you, or your attorney, must demonstrate by clear and convincing evidence that termination is justified or, if defending, show how you’ve remedied past issues and comply with reunification plans.
5. Attend the Hearing
   Orphans’ Court evaluates testimony and evidence. For involuntary cases, the agency presents the petition; for voluntary cases, the parent confirms consent. Outcomes can include:
   • Entry of a Termination Decree
   • Denial of the petition (rare)
   • Continuance for additional evidence or services.
6. Appeals and Final Steps
   After an involuntary termination, the parent has 30 days to appeal the decision to the Superior Court. Voluntary relinquishment is final and not appealable. Once termination is final, adoptive parents proceed with the adoption agency’s timeline and finalize custody.

Meeting ASFA Deadlines

Under the Adoption and Safe Families Act and state permanency rules, if a child has been in agency custody for 15 of the most recent 22 months, the county must file a petition for involuntary termination, unless an exception applies. This “15-of-22-month rule” ensures timely permanency and guides foster or kinship caregivers who may wish to adopt.

Avoid Common Pitfalls in the Termination Process

Before diving into the details of your case, it helps to know the most common traps. From missing critical deadlines to shaky paperwork and service mistakes, each misstep can mean extra delays or even an unfavorable ruling. By staying organized, meeting every requirement on time, and keeping thorough records, you’ll put your best foot forward and keep the focus on what matters most: the child’s stability and well-being.

• Missing Deadlines: Skipping the 30-day appeal window or failing to submit required parenting plans can derail your case.
• Poor Documentation: A petition for “how to win a termination of parental rights case” depends on strong, specific evidence; vague allegations won’t suffice.
• Improper Service: Always follow the court’s rules for serving notice. If the other parent can’t be located, use alternative methods sanctioned by the court.
• Underestimating Permanency Hearings: Stay engaged with your caseworker, attend every review hearing, and comply with all court-ordered services to avoid involuntary termination.

Navigating the termination process, whether it be voluntary or involuntary, requires attention to detail, strict compliance with statutory grounds, and careful timing. Whether you’re a birth parent, foster or adoptive parent, or someone defending parental rights, early consultation with a qualified family law attorney can make a critical difference. By contacting the Parental Rights Lawyers at Grace Legal Offices, you’ll be better positioned to protect the child’s best interests and achieve the legal outcome your family needs.