OPINION
This appeal lies from an Order of the Court of Common Pleas of Philadelphia County, permitting the adoption of L.J., a dependent child in the custody of the Department of Human Services. Appellant, John Doe, Sr., is the natural father of L.J.’s half-sibling, John Doe, Jr. The main issue presented to this Court is one of first impression: does a half-sibling have standing to appeal an order changing a dependent child’s family service goal to adoption? Because we conclude that he does not, we affirm.
L.J. was born to M.D. on January 10, 1989, and his natural father died on December 6, 1990. Two years later, on December 28, 1992, M.D. voluntarily placed L.J. in foster care. Appellant was living with M.D. and L.J. at that time, although it is disputed when he actually moved into their home.
M.D. died on September 16, 1994. On November 7, 1994, the child advocate and DHS agreed that L.J.’s family service goal should be changed to adoption. On November 22, 1995, Appellant, for himself and on behalf of his son, filed a motion to disqualify the child advocate on grounds of conflict of interest, arguing that because counsel represented both children, she was unable effectively to pursue John Doe, Jr.’s interest in maintaining a relationship with his half-brother. After a hearing held on November 28, 1995, the trial court denied Appellant’s motion.
Appellant raises three issues for our review: (1) whether the trial court erred in its determination that John Doe, Jr. lacked standing to participate in his half-brother’s goal change proceedings; (2) whether the trial court erred in further deciding that Appellant lacked standing to participate in L.J.’s goal change proceedings; and (3) whether the trial court erred in refusing to disqualify the child advocate on the basis of a conflict of interest.
In an appeal from a goal change order, our standard of review is abuse of discretion; we are bound by the facts as found by the trial court unless they are not supported in the record. In Interest of M.B.,
As to the first of these criteria,
[a] “substantial” interest is an interest in the outcome of the litigation which surpasses the common interest of all citizens in procuring obedience to the law. A “direct” interest requires a showing that the matter complained of caused harm to the party’s interest. An “immediate” interest involves the nature of the causal connection between the action complained of and the injury to the party challenging it, and is shown where the interest the party seeks to protect is within the zone of interests sought to be protected by the statute or constitutional guarantee in question.
Id. at 86-87,
Measuring this ease against the standard, we find that the interest of Appellant’s son, John Doe, Jr., in the outcome of this proceeding is, in fact, substantial. Undoubtedly a sibling has a greater interest in the disposition, and possible adoption, of his half-brother than does the public at large. See Ken R., 546 Pa. at -,
Finally, we must consider whether John Doe, Jr.’s interest is immediate, that is, whether it lies in the “zone of interests sought to be protected by the statute or constitutional guarantee in question.” S. Whitehall Township Police Serv.,
The interest for which John Doe, Jr. seeks protection is allegedly a constitutional right of siblings to be raised together. However, we can discover no such right in our case law, and the authorities cited in support by amicus
The Juvenile Act governs dependency and delinquency hearings, 42 Pa.C.S.A. § 6303, defining a “dependent child” as one “without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health, or morals[.]” 42 Pa.C.S.A. § 6302 (emphasis added). Thus, in dependency proceedings, the focus of the Act is the behavior of the parent vis a vis the child.
To warrant an adjudication of dependency, the court must be persuaded by clear and convincing evidence that the child is “without proper parental care, and that such care is not immediately available.” In re Swope,
To support his theory of sibling rights, AppeEant cites several cases iEustrating the principle that, “[a]bsent compelling reasons ... siblings should be raised together whenever possible.” Wiskoski v. Wiskoski,
In the instant matter, L.J. is an orphan, while John Doe, Jr. has a natural father with whom he may someday be reunited. Significantly, AppeEant has not offered himself as a custodial alternative for L.J., in fact, quite the contrary, since during the hearing on the disqualification motion, AppeEant’s counsel specificaEy disavowed any such intention. (N.T. 11/28/95 at 11).
Appellant also contends that his son should be permitted to intervene in L.J.’s goal change proceedings because he meets the requirements of Pennsylvania Rule of Civil Procedure 2827, which permits intervention in a civil action where “such person could have joined as an original party in the action or could have been joined therein; or [] the determination of such action may affect any legally enforceable interest of such person.... ” Pa.R.Civ.P. 2327(3),(4).
Appellant and amicus argue that John Doe, Jr. not only could have been joined as an original party in L.J.’s dependency proceeding, he is already a party since the siblings’ eases are, and have always been, listed together. However, just because the siblings’ hearings are conjoined does not mean that each may participate, by arguing and presenting evidence, in proceedings regarding the other. Apparently the dispositional hearings have been listed together for convenience: L.J. and John Doe, Jr. are half-siblings living in the same foster home, and represented by the same child advocate. With the exception of the instant matter and Appellant’s presence, both eases have involved the same circumstances. Therefore, judicial economy has dictated the joint case listing, but does not signify the propriety of mutual intervention here.
Moreover, the Juvenile Act limits participation in dependency proceedings to parties: “the general public shall be excluded from [dependency] hearings[.]” 42 Pa.C.S.A. § 6336(d). Only “[a] party is entitled to the opportunity to introduce evidence and otherwise be heard on his own behalf and to cross-examine witnesses[,]” 42 Pa.C.S.A. § 6338(a); therefore, a person who is not a “party” to a proceeding has no right to participate.
Although the term party is not defined in the Act, this Court has considered two factors in determining whether or not a person should be given “party” status in a juvenile proceeding: “first, that []he is the legal custodian of the'juvenile; second, that it is [his] care and control of the juvenile that is in question.” In the Interest of Michael Y.,
Appellant points out that “dependency proceedings are the mechanism by which persons without prima facie custody rights delineated in state statutory or com
Appellant also argues that his son’s intervention is appropriate because he possesses a “legally enforceable interest” which is or will be affected by the proceedings. Pa.R.Civ.P. 2327(4). He claims his son has a substantive due process right to be raised with his biological family, and a right in Pennsylvania, absent compelling reasons, to be raised with his siblings. (Appellant’s Brief at 35).
As we have already noted above, no absolute constitutional or statutory right to be raised with a sibling yet exists in our jurisprudence. The Pennsylvania Supreme Court has found that the “ ‘exact boundaries of the ‘legally enforceable interest’ limitation [of Pa.R.Civ.P. 2327(4)] are not clear.’” Pennsylvania Railroad Co. v. Hughart,
Although Pennsylvania strongly favors raising siblings together whenever possible, this policy does not confer on John Doe, Jr. a “legally enforceable interest” such as to permit intervention in L.J.’s goal change proceedings under Rule 2327. The focus of such proceedings is exclusively on the best interests of the child whose future is under consideration, In Interest of M.B.,
It is necessary to insure that, in determining whether to change L.J.’s goal plan to adoption, the trial judge considers all the factors and evidence pertaining to L.J.’s best interests, including the importance of maintaining the relationship between L.J. and John Doe, Jr. Indeed, the court has appointed a child advocate for this very reason whose purpose is to determine what is in L.J.’s best interests, and present her conclusions to the court. Unlike Appellant, she can objectively consider all the options available for L.J. Although a determination of L.J.’s best interests might well have included evidence from Appellant concerning his son’s
Our disposition of the issue of John Doe, Jr.’s standing compels the conclusion that Appellant’s argument with respect to his own position is without substance. Without any legal or familial relationship with L.J., Appellant clearly cannot acquire standing independently to challenge the court Order. The only possible source of such status for Appellant is through his son, and we find that the biological link with L.J.’s half-brother fails to provide a substantial, direct, and immediate interest in the outcome of these proceedings. Since we have concluded that John Doe, Jr. lacks standing to appeal his half-brother’s goal change Order, so does his father.
Finally, Appellant contends that the trial judge erred in denying his motion to disqualify the child advocate since her representation of both siblings constituted an impermissible conflict of interest. However, since Appellant had no standing to participate in L.J.’s hearing, he had no standing to present a disqualification motion. Further, counsel faces no conflict of interest where only one legitimate interest is being represented; we have already determined that neither Appellant nor his son has such an interest. Thus given our conclusion that neither Appellant nor his son have standing to appeal LJ.’s goal change Order, we could decline to entertain their conflict of interest argument. However, because the trial judge addressed the disqualification motion on its merits before establishing that Appellant and his son had no standing to participate in L.J.’s goal change proceeding, we too will examine the issue.
The Pennsylvania Rules of Professional Conduct mandate that a lawyer “shall not represent a client if the representation of that client will be directly adverse to another client, [or] ... if the representation of that client may be materially limited by the lawyer’s responsibilities to another client_” Pa.R.P.C. 1.7(a), (b) (emphasis added).
Even assuming that both boys have legitimate interests, these interests are not directly adverse as contemplated by the Rules. Both L.J. and John Doe, Jr. are concerned with maintaining their sibling relationship, and there is nothing in the record to compel the conclusion that the relationship could not
Next, we must consider whether the child advocate’s representation of John Doe, Jr. was materially limited by her advocacy of adoption for L.J. Again, we conclude that it was not. Even if the child advocate had concentrated solely on John Doe, Jr.’s interest in maintaining his relationship with his half-brother, there is nothing else she could have done to effectuate that interest. Because we have concluded that John Doe, Jr. had no standing to intervene in L.J.’s goal change hearing, the child advocate could not have asserted John Doe, Jr.’s position at the hearing.
Appellant also denounces the dual representation on grounds that the child advocate “will have to use John Doe, Jr.’s confidential information^ gained during an attorney/client relationship,] against him.” (Appellant’s Brief at 16). However, Appellant offers no factual support for his allegations, and fails to specify any “confidences” which might have been revealed. Compare with In the Interest of Saladin,
Finally, Appellant and amicus express concern about the child advocate’s dual role in these proceedings, since in addition to acting as an advocate for her client’s position, she also serves as L.J.’s guardian ad litem, the arbiter of where her client’s best interests lie. Appellant and amicus argue that this dual role is impermissible. However, faced with a similar claim, this Court has found no difficulty:
Appellant’s final argument is that the child advocate should have acted as legal counsel to the children and instead, acted as guardian ad litem. We agree with the trial court that since the child advocate fulfilled its duty to assert the children’s best interests, there was no error.
In the Matter of Luis R.,
Despite Appellant’s repeated requests for a new hearing with separate counsel for each child, he offers no alternative solution to the present disposition order except, implicitly, to maintain the status quo. He has not, as noted above, proposed himself as an adoptive parent for L.J., and reunification with his son, as a means of keeping the siblings together. Nor has he acknowledged the consequences to L.J. if adoption were to be denied him, merely advancing what he considers to be his son’s best interests. While a litigant need not demonstrate altruism in formulating his arguments, more balance is required of the court.
In essence, Appellant would have us subordinate all other considerations to maintenance of the relationship between his son and L.J, and is quite prepared to abandon L.J.’s opportunity without any corresponding sacrifice or obligation on his own part. While we appreciate that his actions are on behalf of his child, we again emphasize that not all interests are equal, and that some must give way to others. The choice here is clear, but
Order affirmed.
SCHILLER, J., concurs in the result.
Notes
. Appellant claims he began living with M.D. in the fall of 1991; however the Department of Human Services’ records reflect that Appellant moved in one month before L.J.’s placement in foster care.
. This hearing was scheduled before Appellant filed his disqualification motion. Apparently, the child advocate and counsel for DHS believed the proceeding was limited to the issue of Appellant’s standing. (N.T. 11/28/96 4-5).
.The question of John Doe, Jr.’s standing must be examined first because Appellant may only acquire standing vicariously. See In the Interest of Garthwaite,
. The Juvenile Law Center has filed an Amicus Brief on Appellant’s behalf.
. Appellees purport to provide us with “compelling reasons” to justify separating the children: the foster family who cares for them has asked that L.J., diagnosed with Attention Deficit Disorder, be removed because he has become uncontrollable, and John Doe, Jr. is HIV positive. These matters are dehors the certified record, and as such, may not be considered by this court. Commonwealth v. Young,
. We note too that although AppeEant planned at one point to contest a goal change for his son to long term placement, (N.T. 12/21/95 at 11-12), he subsequently agreed to the change at a hear
. We do not address the question of whether a sibling might qualify as a party under other circumstances.
. Appellees have asked us to quash the appeal on this issue, arguing that the order denying the disqualification motion was a collateral one, Pa.R.A.P. 313(b), from which Appellant failed to file a notice of appeal within 30 days as required by Pa.R.A.P. 903. However, a motion to disqualify counsel is interlocutory, and, therefore, unap-pealable. See Middleberg v. Middleberg,
. These general rules do not apply when the lawyer reasonably believes the dual representation will not adversely affect either relationship, and the clients consent after consultation. Pa.R.P.C. 1.7 (a)(1)-(2), (b)(1)—(2). In the instant case, since both clients are minors, their consent cannot be obtained, and the exceptions are inapplicable.
