In Re KJ
27 A.3d 236
| Pa. Super. Ct. | 2011Background
- DHS became involved in Oct. 2008 via GPS alleging Mother's lack of supervision and drug use.
- In Apr. 2009 DHS obtained an Order of Protective Custody for Child and her brother, placing them with Maternal Aunt; Child adjudicated dependent and in DHS legal custody.
- Mother had failed to complete FSP drug treatment; initial CEU cocaine-positive screen; she refused several recommended treatment options.
- Mother largely missed visits; DHS offered supervised visits but Mother generally declined or did not attend.
- Child moved to North Carolina with Maternal Cousin under ICPC in Apr. 2010; Mother visited rarely thereafter.
- DHS filed a petition for permanent legal custody (PLC) in Aug. 2010; evidentiary hearing held Oct. 13, 2010 in Mother's absence; court granted PLC to Maternal Cousin and husband.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PLC to a guardian chosen by DHS was in Child's best interest | Mother contends she complied with FSP and improved visitation. | DHS and court found stable relative placement in Child's best interest. | No abuse of discretion; PLC to Maternal Cousin affirmed. |
| Whether denial of continuance due to illness violated due process | Mother's illness warranted a short continuance to participate. | Trial court properly denied after considering prior continuances, travel, representation, and potential harm to Child; issue waived for lack of preservation. | No due process violation; denial affirmed. |
Key Cases Cited
- In re A.K., 906 A.2d 596 (Pa.Super.2006) (abuse-of-discretion standard in permanency matters; focus on child’s best interests)
- In re B.S., 861 A.2d 974 (Pa.Super.2004) (permanency decision tied to best interests and available options including relative guardianship)