State by state grounds and codes
https://www.childwelfare.gov/pubPDFs/groundtermin.pdf#page=7&view=Summaries%20of%20State%20Laws
Pennsylvania
Circumstances That Are Grounds for Termination of Parental Rights
Cons. Stat. Tit. 23, § 2511
The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds:
• The parent, for at least 6 months, either has evidenced a settled purpose of relinquishing parental claim to a child
or has refused or failed to perform parental duties.
• 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 or her 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.
• The parent is the presumptive but not the natural father of the child.
• The child has 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 3 months after the child is
found.
• The child has been in an out-of-home placement for at least 6 months, the conditions that led to the placement
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 that 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.
• 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, and has failed for 4 months to make reasonable efforts to
maintain substantial and continuing contact or to support the child.
• The parent is the father of a child conceived as a result of a rape or incest.
• The child has been removed from the care of the parent, 12 months or more have elapsed from the date of
removal, the conditions that led to the removal continue to exist, and termination of parental rights would best
serve the needs and welfare of the child.
• The parent has been convicted of one of the following in which the victim was a child of the parent:
» Criminal homicide
» Aggravated assault
» An attempt, solicitation, or conspiracy to commit an offense listed above
Circumstances That Are Exceptions to Termination of Parental Rights
Cons. Stat. Tit. 23, § 2511
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.
Circumstances Allowing Reinstatement of Parental Rights
This issue is not addressed in the statutes reviewed.
Grounds for Involuntary Termination of Parental Rights https://www.childwelfare.gov
61 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information
Gateway.
Thursday, December 17, 2015
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