In the Interest of: A.K, a Minor and M.K., a Minor
In the Interest of: A.K, a Minor and M.K., a Minor No. 1024 MDA 2016
| Pa. Super. Ct. | Jun 22, 2017Background
- Three children involved: S.D. (2006), M.K. (2009), and infant A.K.1 (2015); A.K.1 had a twin, A.K.2, who died January 12, 2016.
- A.K.2 was found non-responsive after being placed to sleep by Father in a swing on his abdomen with a blanket covering much of his face; Father left children briefly and did not monitor the infant; Mother returned home later and did not check the infant for over an hour.
- Medical imaging showed abusive fractures: A.K.2 had healed left rib fractures, possible acute right rib fracture, and a spinal compression fracture; A.K.1 had a healed right rib fracture.
- CYS obtained emergency custody and filed dependency petitions and motions to find aggravated circumstances; trial court adjudicated the children dependent and, on May 26, 2016, found aggravated circumstances and ordered no further reunification efforts for Father and Mother (as to some or all children).
- Parents appealed; CYS moved to dismiss the appeals because the parties initially failed to request the correct transcript; the Superior Court declined to dismiss, finding no prejudice and that transcript was later provided.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether aggravated circumstances exist based on "serious bodily injury" from physical abuse (rib/spine fractures) | Father/Mother: fractures do not amount to "serious bodily injury" since no proof of life‑threatening injury or protracted impairment; lack of bruising and no proof parents knew of fractures | CYS: fractures were the result of physical abuse and support aggravated‑circumstances finding | Court: Rejected serious‑bodily‑injury basis — evidence did not show life‑threatening injury or protracted impairment, so aggravated circumstances cannot be premised on "serious bodily injury" here |
| Whether aggravated circumstances exist based on "aggravated physical neglect" (omissions in care) — and whether reunification efforts may be stopped | Father: actions were negligent but not aggravated neglect; death was accidental; Mother: death was a tragic accident and she did not physically abuse children | CYS: Father placed infant in a life‑threatening sleeping position and failed to monitor; Mother failed to check on infant and habitually left children unattended — omissions causing life‑threatening condition | Court: Found aggravated physical neglect as to A.K.2 (and therefore aggravated circumstances as to siblings): Father placed infant in dangerous sleeping position and failed to monitor; Mother failed to check on infant and had a pattern of leaving children unsupervised; court properly ordered no further reunification efforts |
| Whether appeals should be dismissed for failure to timely request transcript | CYS: Appeals should be dismissed or claims waived because appellants did not request the crucial hearing transcript timely | Parents: Counsel mistakenly requested wrong transcript but requested correct transcript promptly after court order; no prejudice | Court: Denied dismissal — appellants later obtained transcript within reasonable time, no prejudice, and the court proceeded to merits review |
Key Cases Cited
- In re A.B., 63 A.3d 345 (Pa. Super. 2013) (standard of review in dependency/aggravated‑circumstances appeals)
- In re R.J.T., 9 A.3d 1179 (Pa. 2010) (trial court factual findings and credibility determinations entitled to deference)
- In re L.V., 127 A.3d 831 (Pa. Super. 2015) (post‑aggravated‑circumstances, court may end reunification efforts at its discretion)
- In re A.H., 763 A.2d 873 (Pa. Super. 2000) (discussion of reunification efforts after aggravated circumstances finding)
- In re S.B., 833 A.2d 870 (Pa. Super. 2003) (aggravated circumstances based on abuse of one child can affect siblings)
- Commonwealth v. Preston, 904 A.2d 1 (Pa. Super. 2006) (appellant must order/pay for necessary transcripts; failure may result in waiver/dismissal)
- Commonwealth v. Williams, 715 A.2d 1101 (Pa. 1998) (appellate sanctions for failure to provide record)
- In re R.C., 945 A.2d 182 (Pa. Super. 2008) (aggravated‑circumstances orders treated as appealable collateral orders)
- In re K.T.E.L., 983 A.2d 745 (Pa. Super. 2009) (excusing procedural noncompliance in appellate statement where no prejudice shown)