In the Interest of: R.W., Appeal of: B.W.
118 A.3d 456
Pa. Super. Ct.2015Background
- Dependency petition filed in Westmoreland County alleging Father incarcerated and an indicated perpetrator of abuse; Mother alleged indicated perpetrator of medical neglect.
- Dependency hearing held July 2, 2014 with testimony from WCCB caseworker, Mother's therapist, and maternal grandmother; Child adjudicated dependent that day.
- Father timely appealed on July 31, 2014 with a Rule 1925(a) statement of errors.
- Court reviewed whether hearsay was improperly admitted, whether custody-hearing evidence supported the dependency, and whether visitation should be denied.
- Court affirmed the dependency adjudication, finding ample evidence of neglect and grave threat by Father, and holding visitation denial proper under the grave-threat standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court admitted hearsay improperly. | Father | Court admitted certain hearsay | No reversible error; substantial evidence supported dependency. |
| Whether reliance on custody-hearing evidence was error. | Father | Evidence corroborates dependency | No reversal; evidence supported dependency anyway. |
| Whether visitation was denied on grave-threat grounds. | Father | Grave-threat standard satisfied | Denied; evidence showed grave threat to Child. |
Key Cases Cited
- In re R.J.T., 9 A.3d 1179 (Pa. 2010) (standard of review in dependency cases; abuse of discretion standard)
- In re C.R.S., 696 A.2d 840 (Pa. Super. 1997) (clear and convincing evidence definition for dependency)
- In re A.B., 63 A.3d 345 (Pa. Super. 2013) (prognostic evidence sufficient to meet burden to declare dependent)
- In re C.B., 861 A.2d 287 (Pa. Super. 2004) (grave threat standard for visitation in reunification plans)
- In re K.B., 419 A.2d 508 (Pa. Super. 1980) (removal only upon clearly necessary basis; trial court findings deferential)