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260 A.3d 26
Pa. Super. Ct.
2021
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Background:

  • CYS filed dependency petitions (2018) for N.B. based on Parents’ methamphetamine and alcohol abuse; Child remained under court supervision.
  • At an October 14, 2020 permanency/status hearing the trial court ordered Father to use a Soberlink alcohol-monitoring device (four tests/day) and stated CYS would purchase and maintain the device while Father was unemployed.
  • The court estimated acquisition cost ≈ $400 and monthly monitoring ≈ $200; CYS’s counsel did not object at the hearing and acknowledged he "understood."
  • The signed October 30, 2020 order directed CYS to pay for acquiring and monitoring Soberlink and omitted a clause in CYS’s draft stating Father would assume costs once employed.
  • CYS appealed, arguing the court erred in ordering CYS to pay and in striking the employment-based payment provision; Parents moved to quash the appeal.
  • The Superior Court held the order was an appealable collateral order but found CYS waived its challenge to CYS-funded Soberlink for failing to object; the court also affirmed the trial court’s editing of the written order and affirmed the October 30, 2020 order.

Issues:

Issue Plaintiff's Argument (CYS) Defendant's Argument (Parents/Trial Court) Held
Whether the trial court erred by directing CYS to obtain and maintain a Soberlink device for Father CYS: Court sua sponte ordered an expensive monitoring device that CYS should not have to pay for; record didn’t show Soberlink was necessary and CYS had no opportunity to propose alternatives Parents: CYS failed to preserve the issue by not objecting at the hearing; the court’s direction was within its authority to protect the child Waived: CYS failed to contemporaneously object at the hearing, so the claim is waived; no relief granted
Whether the trial court erred by striking CYS’s proposed written provision that Father would pay once employed CYS: The signed order did not reflect the court’s verbal on-the-record direction and the court should have included precise language permitting Father to assume costs upon employment Trial court/Parents: The court’s verbal order conditioned Father’s assumption of payment on a later, fact-specific determination (“at some point in time” after employment), not immediate payment upon any employment Affirmed: Trial court did not abuse discretion in striking the drafted language because the written order changed the timing and required a fact-specific showing of Father’s ability to pay

Key Cases Cited

  • In re J.R., 875 A.2d 1111 (Pa. Super. 2005) (interlocutory collateral-order appeal allowed where agency was ordered to provide a service it had discretion to fund)
  • In the Interest of J.M., 219 A.3d 645 (Pa. Super. 2019) (discusses limits on appealability of juvenile-court orders)
  • Dilliplaine v. Lehigh Valley Trust Co., 322 A.2d 114 (Pa. 1974) (contemporaneous-objection rule: appellate courts should not relieve trial counsel’s failure to object)
  • In re R.J.T., 9 A.3d 1179 (Pa. 2010) (standard of review in dependency matters: accept trial court’s credibility/findings and review for abuse of discretion)
  • In the Interest of L.V., 209 A.3d 399 (Pa. Super. 2019) (explains preservation requirements for appellate review in dependency cases)
  • In re A.W., 187 A.3d 247 (Pa. Super. 2018) (failure to timely object waives due process and other claims on appeal)
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Case Details

Case Name: In the Int. of: N.B., Appeal of: BCCYSSA
Court Name: Superior Court of Pennsylvania
Date Published: Aug 3, 2021
Citations: 260 A.3d 26; 2021 Pa. Super. 153; 260 A.3d 236; 2076 EDA 2020
Docket Number: 2076 EDA 2020
Court Abbreviation: Pa. Super. Ct.
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    In the Int. of: N.B., Appeal of: BCCYSSA, 260 A.3d 26