Pennsylvania Superior Court upholds termination of couple’s parental rights
The Pennsylvania Superior Court on Tuesday upheld a decision by Blair County President Judge Wade A. Kagarise that terminated the parental rights of a mother and father who failed to address their drug addictions over a period of three years.
The parents came to the attention of Blair County Children, Youth and Families in May 2022 after the agency received allegations they were neglecting medical needs of one of their children, who at the time was 2 years old.
In August 2022, the county agency provided services to the parents: to improve their parenting skills; address their drug addictions; and find more appropriate housing rather than living with one of the grandmothers.
In March 2023, the county agency found that the 2-year-old was suffering from severe asthma.
The child was taken to a hospital emergency room.
A further evaluation indicated he was suffering also from autism, ADHD and developmental delays.
About that time, the mother gave birth to a daughter who had cocaine in her system.
The newborn and her older brother were then placed in emergency protective custody of Blair County’s child welfare agency.
The court established concurrent goals for the outcome of the case, which included reunification or adoption.
It also ordered the parents to have drug and alcohol evaluations, comply with treatment recommendations, undergo random drug screens and obtain better housing.
However, in 2024, the agency filed separate petitions to terminate parental rights of both mother and father.
Termination was ordered subsequent to hearings on Sept. 26, 2024, and March 31, 2025.
The Superior Court opinion issued Tuesday pointed out that the children had been in foster care for more than two years.
The parents, each represented by separate attorneys, appealed Kagarise’s order.
They argued that the evidence presented against them was insufficient to support termination.
The Superior Court panel that reviewed the court order included Judges Judith F. Olson, Victor P. Stabile and Megan King.
The panel began its analysis of the case by quoting a recent Supreme Court decision which stated, “Children are young for a scant number of years, and we have an obligation to see to their healthy development quickly. When courts fail, the result, all too often, is catastrophically maladjusted children.”
The parents in the case before Kagarise argued they participated in drug and alcohol counseling, and had never refused drug screening.
Despite that argument, the Superior Court panel concluded the case record “does not reveal (the) parents’ progress, if any, with their drug and alcohol counseling.”
The mother tested positive on 10 drug screens since February 2024, while the father tested positive on 17 drug screens during that time.
The evidence, the panel stated, “establishes that parents’ repeated and continued incapacities, neglect, and refusal due to their illegal drug addictions, and failure to satisfy their permanency objectives, have caused the children to be without essential care, control or subsistence necessary for their physical or mental well-being.”
The parents also argued their children “love them” and are excited to see them during supervised visits.
“In this case, the record contains no competent evidence of a bond between the children and parents,” according to the appeals court panel.
The foster mother of the children testified during the hearings that the older child is on a wait list for services focusing on his developmental and behavioral problems.
She also stated she loves the children, and testified they have bonded with her and her husband.



