about us

Your Parental Rights Are Worth Defending — Even Now

Termination of parental rights is the most serious action the state can take against a family — a permanent legal severance that ends the parent-child relationship entirely. If CYS has filed a TPR petition against you, or if your dependency case is moving in that direction, you need an attorney who understands exactly what the state must prove and exactly how to challenge it. Kevin Taccino has represented parents in TPR proceedings in Franklin County and surrounding courts as part of his court-appointed dependency practice. He knows this process, and he knows how to fight it.

What Termination of Parental Rights Means in Pennsylvania — and How It's Triggered

Pennsylvania law sets out specific statutory grounds that CYS must prove before a court can terminate parental rights. Termination is not automatic, and it is not inevitable. But the legal standards are strict, the timelines are real, and waiting to act makes every ground harder to contest.

 

The most common trigger — and the one most parents don't see coming — is the 15/22-month rule. Under Pennsylvania law, if a child has been in out-of-home placement for 15 of the most recent 22 months, CYS is generally required to file a TPR petition. This rule exists regardless of whether the parent has been making progress on their case plan. The clock starts running from the date of placement, not from when a case plan is finalized or when services are offered. By the time many parents realize they are approaching this threshold, the petition is already being prepared.

 

Beyond the 15/22-month rule, Pennsylvania courts can also consider termination on the following grounds:

 

  • Abandonment of the child for a period of at least six months
  • Conviction for abuse or homicide of another child in the household
  • Repeated and continued incapacity to care for the child, where that incapacity cannot be remedied
  • Failure to remedy the conditions that led to placement within a reasonable period of time

 

Each of these grounds requires CYS to meet a clear and convincing evidence standard — the highest civil burden of proof. That standard exists because the stakes are permanent. And because the burden is on the state, there is always a legal question to be asked: has CYS actually proven what it claims?

The 15/22-Month Rule: What Parents Need to Understand

The 15/22-month rule catches parents off guard more than any other TPR trigger. The count begins the day the child enters placement — not the day a parent receives services, not the day a case plan is signed. If the child has been in placement for 15 of the past 22 months, CYS must file for TPR unless a specific exception applies, such as a compelling reason documented in the record or a placement with a relative who does not want to adopt. Understanding where your case stands on this timeline is one of the first things Kevin assesses when a new dependency client comes in.

What CYS Must Prove — and What You Can Challenge

At a TPR hearing, CYS bears the burden of proving its grounds by clear and convincing evidence. That is a meaningful legal threshold. Kevin's role is to examine whether the agency has actually met it: whether services were offered and refused, or never genuinely provided; whether the parent's progress was fairly measured; whether the case plan conditions were reasonable and achievable; and whether the child's best interests are as clearly served by termination as CYS contends. These are not abstract arguments — they are factual and legal questions that belong in front of a judge.

If You're Already Behind on Your Case Plan

Missing steps in a dependency case plan is more common than most parents expect, and it does not automatically mean TPR is the outcome. What matters at this stage is what can still be demonstrated: compliance going forward, engagement with services, and a credible path to reunification. Kevin advises parents throughout the dependency process specifically because earlier engagement reduces the risk of reaching a TPR petition — but representation remains available and effective even after a petition has been filed. The question he asks at the start of every dependency case is the same one he asks when a TPR petition arrives: what can we still do? There is usually more than the client expects.

Continuity Across the Dependency Case — From CYS Investigation to TPR Hearing

Many of Kevin's TPR clients came to him earlier in their dependency case — for a CYS investigation, a shelter care hearing, or an adjudication. That continuity matters. An attorney who has been present throughout the dependency process knows the record, knows what was offered and what was withheld, and knows which factual disputes are worth pressing at a TPR hearing. If you are coming in at the TPR stage without prior representation, Kevin can get up to speed on your case history and build the strongest defense the record supports. Either way, the goal is the same: make CYS prove every element of its case, and give you the best available argument for keeping your rights intact.

Frequently Asked Questions About TPR Defense in Pennsylvania

  • How does termination of parental rights work in Pennsylvania?

    A TPR petition is filed by CYS or another party and heard before a judge. CYS must prove at least one statutory ground for termination by clear and convincing evidence. The parent has the right to contest the petition, present evidence, and be represented by an attorney throughout the hearing. If the court grants the petition, the parent's legal relationship with the child ends permanently — which is why contesting the petition with experienced representation matters.

  • How do I fight termination of parental rights in Pennsylvania?

    The defense begins with examining whether CYS has met its burden of proof on the grounds it has alleged. This includes reviewing whether services were properly offered, whether the parent's compliance was accurately documented, and whether the agency followed required procedures. An attorney can also raise affirmative defenses, challenge the agency's evidence, and present testimony on the parent's behalf. The earlier you engage an attorney, the more options are available.

  • What is the 15/22-month rule and does it apply to my case?

    Pennsylvania law requires CYS to file a TPR petition when a child has been in out-of-home placement for 15 of the most recent 22 months, unless a documented exception applies. The clock runs from the date of placement. If your child has been in foster care or kinship placement for an extended period, this rule may already be in play — which is why it's critical to understand where your case stands on that timeline as early as possible.

  • Can I still fight TPR if I missed parts of my case plan?

    Yes. Missing case plan steps does not mean termination is automatic or that the hearing outcome is predetermined. Courts consider whether services were genuinely available, whether the parent has made recent progress, and whether there is a realistic path to reunification. Representation at this stage focuses on what the record shows and what can still be demonstrated — not just on what went wrong.

  • Does Kevin Taccino handle TPR cases outside of Franklin County?

    Kevin represents parents in TPR and dependency proceedings in Franklin County and surrounding counties including Adams, Cumberland, and Perry. If you are facing a TPR petition in south-central Pennsylvania, contact the office to discuss whether your case falls within the firm's service area.

Talk to a TPR Defense Attorney Before the Hearing Date

TPR hearings move on the court's schedule, not yours. Once a petition is filed, the timeline compresses — and the options available to you narrow with each passing hearing. Kevin Taccino represents parents at TPR hearings in Franklin County and surrounding courts, challenging the grounds CYS must prove and building the strongest case the record allows. The consultation fee is credited toward your retainer if you hire the firm. Call 717-262-2319 or use the contact form to schedule.