In the Interest of: G.S., a Minor
124 EDA 2017
| Pa. Super. Ct. | Oct 2, 2017Background
- Child G.S., age 15, was placed in DHS protective custody after a report of physical abuse by her mother and a documented concussion.
- DHS obtained an emergency protective custody order; a shelter-care order found DHS had made reasonable efforts to prevent placement or that emergency placement justified lack of preventative services.
- At the adjudicatory hearing the court found G.S. dependent and removed from the home, but concluded DHS had made "NO reasonable efforts" to prevent removal.
- The trial court’s reasoning cited failures including lack of follow-up medical care, alleged failure to explore relatives for placement, and incomplete information about mother’s services.
- DHS appealed, arguing the trial court applied the wrong legal standard for the "reasonable efforts" inquiry and that the record supports a finding DHS did make reasonable efforts.
Issues
| Issue | Plaintiff's Argument (DHS) | Defendant's Argument (Trial Court/Child) | Held |
|---|---|---|---|
| Whether the trial court applied the correct legal standard for the "reasonable efforts" determination at an adjudicatory hearing under 42 Pa.C.S. § 6351(b) | Trial court should apply § 6351(b) preplacement standard (prevent/eliminate need for removal or emergency-placement exception) | Trial court applied a broader/permanency-oriented inquiry and considered post-placement factors | Court: Trial court applied incorrect standard; abused discretion by using improper criteria |
| Whether the record supports a finding that DHS made reasonable efforts to prevent G.S.'s placement | DHS points to prior orders (protective custody and shelter-care) that found reasonable efforts were made and to evidence presented at hearing | Trial court pointed to missed medical follow-up and other administrative deficiencies to find no reasonable efforts | Court: Prior findings and record support that DHS made reasonable efforts; trial court erred as a matter of law; remanded to enter finding DHS made reasonable efforts |
| Whether failures cited by the trial court (medical follow-up, exploring kinship, parenting-class info) were relevant to § 6351(b) inquiry | DHS: Those considerations were irrelevant or contradicted by record and prior shelter-care findings | Trial court: Presented as basis to deny reasonable efforts | Court: Many of trial court’s considerations were irrelevant to preplacement § 6351(b) standard; court erred |
| Appropriate remedy for the erroneous "no reasonable efforts" finding | DHS seeks vacatur and remand to enter that reasonable efforts were made | Trial court had not ruled on DHS’s reconsideration motion and maintained its finding | Court: Vacated part of order and remanded with instructions to enter finding DHS made reasonable efforts |
Key Cases Cited
- In re E.P., 841 A.2d 128 (Pa. Super. 2003) (standard of review and appellate role in dependency proceedings)
- In the Interest of K.C., 156 A.3d 1179 (Pa. Super. 2017) (adjudicatory hearings require application of § 6351(b) reasonable-efforts standard)
- In re T.S.M., 71 A.3d 251 (Pa. 2013) (discussing appellate delay and case-administration concerns)