In the Interest of A.B.
63 A.3d 345
| Pa. Super. Ct. | 2013Background
- Mother left her six-month-old child alone at home to attend a party; police arrested her for endangering the welfare of a child.
- Child was placed in foster care pursuant to a DHS protective custody order.
- Adjudicatory hearing occurred on July 24, 2012; Officer Muscarnero testified that Mother left Child sleeping and showed no concern.
- DHS observed Child as overweight with flat affect and limited interaction shortly after placement; Child improved in foster care.
- Mother invoked Fifth Amendment rights; DHS questioned Mother about July 6, 2012, and Mother asserted privilege against self-incrimination.
- Trial court found Child dependent and that placement with DHS was warranted; Mother filed an appeal challenging the hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court denied a fair hearing to Mother | Mother argues the court failed to protect her from harassment and ensured a fair hearing. | The court did not harass or embarrass Mother; questions were appropriate to resolve the dependency issue. | No; ruling that the hearing was fair and Child independently dependent. |
Key Cases Cited
- In re R.J.T., 9 A.3d 1179 (Pa. 2010) (standard of review in dependency cases)
- In re R.T., 592 A.2d 55 (Pa. Super. 1991) (proper parental care and removal standards)
- In re C.R.S., 696 A.2d 840 (Pa. Super. 1997) (definition of proper parental care)
- In re K.B., 419 A.2d 508 (Pa. Super. 1980) (clear necessity for removal; unfeasibility of alternatives)
- In re S.S., 651 A.2d 174 (Pa. Super. 1994) (trial court determines whether removal from family is clearly necessary)
- Commonwealth v. Hansley, 24 A.3d 410 (Pa. Super. 2011) (Rule 1925(b) specificity required for issues on appeal)
