In the Interest of: L v. a Minor
127 A.3d 831
| Pa. Super. Ct. | 2015Background
- Mother appeals a dependency adjudication and CPSL child-abuse finding involving her minor daughter, L.V., after severe injuries were sustained in October 2014.
- DHS obtained protective custody, and a shelter-care hearing occurred with Child’s commitment to DHS continuing.
- Dependency and related findings were heard March 17, 2015, with testimony from CHOP doctors, DHS staff, and Child’s guardian ad litem.
- Court found Child dependent due to Father’s abuse and Mother’s failure to obtain timely medical care; Mother remained in a relationship with Father.
- The court also found aggravated circumstances and that reunification services need not be provided; Mother’s visits with Child were suspended.
- Mother timely appealed challenging dependency, child-abuse finding, aggravated circumstances, and cessation of reunification efforts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred in adjudicating dependent | Mother cared for Child and sought services. | Record supports lack of proper parental care due to injuries and ongoing risk. | No abuse of discretion; Child dependent affirmed. |
| Whether Mother committed child abuse under CPSL | Injuries were inflicted by Father; Mother had no reason to know. | Presumption of abuse from injuries supports finding against Mother. | No abuse of discretion; Mother held to have committed child abuse. |
| Whether there were aggravated circumstances | Mother argues lack of awareness of injuries; Father responsible. | Evidence shows Mother failed to protect and sought inadequate medical care. | Aggravated circumstances supported; affirm. |
| Whether DHS need not make reasonable reunification efforts | Reunification still appropriate; should continue. | Totality of circumstances supports cessation of reunification services. | Court within discretion to cease reunification efforts. |
Key Cases Cited
- In re A.B., 63 A.3d 345 (Pa. Super. 2013) (dependency standard; clear-and-convincing evidence; credibility review)
- In re L.Z., 111 A.3d 1164 (Pa. 2015) (presumption when child injury occurs; rebuttal possible)
- In re R.P., 957 A.2d 1205 (Pa. Super. 2009) (aggravated circumstances framework; totality of circumstances)
- In re C.J., 729 A.2d 89 (Pa. Super. 1999) (grave threat standard for visitation when reunification goal preserved)
- In re C.B., 861 A.2d 287 (Pa. Super. 2004) (grave threat standard; parental fitness to associate with child)