G.D. v. D.D.

61 A.3d 1031
CourtSuperior Court of Pennsylvania
DecidedFebruary 15, 2013
StatusPublished
Cited by22 cases

This text of 61 A.3d 1031 (G.D. v. D.D.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
G.D. v. D.D., 61 A.3d 1031 (Pa. Ct. App. 2013).

Opinion

OPINION BY

OLSON, J.:

Appellant D.D. (“Aunt”), the maternal great-aunt of the subject minor child, G.D. (“Child”), appeals, pro se, from the order dated and entered on June 29, 2012, in which the trial court denied her emergency motion to intervene in the dependency proceedings commenced by the Berks County Children and Youth Services, (“BCCYS” or the “Agency”).1,2 We affirm.

In its opinion, the trial court sets forth the factual background and procedural history of this appeal as follows.

The minor child was declared dependent by order of [the trial court] dated June 8, 2011, following an adjudicatory and dispositional hearing. On that same date, [BCCYS] placed [the] minor child in the care of A.D. and D.D., husband and wife, the minor child’s maternal great[-]uncle and aunt. A.D. and D.D. were granted a temporary foster care license at this time. BCCYS filed a MOTION FOR PLACEMENT WITH KINSHIP CAREGIVER NOT LICENSED WITHIN 60 DAYS on July 29, 2011. In that motion, BCCYS re[1034]*1034quested that the [trial court] approve placement with A.D. and D.D. pending the licensing of their home under 55 Pa.Code § 3700.70(a). The [trial court] granted BCCYS’ motion on August 1, 2011.
Minor child remained in A.D. and D.D.’s home until January 2012. On January 10, 2012, BCCYS petitioned the [trial court] to modify the minor child’s placement. A STIPULATION FOR MODIFICATION OF PLACEMENT was filed on this date. BCCYS, the child’s Guardian Ad Litem, child’s mother [“Mother”], and Mother’s attorney all agreed that the minor child would be removed from the home of A.D. and D.D.[,] and placed in a new foster home based on the failure of A.D. and D.D. to obtain the necessary foster care license. [The trial court] granted BCCYS’ motion to modify the minor child’s placement by order dated January 11, 2012.
Mother, through her attorney, filed a MOTION FOR PLACEMENT WITH KINSHIP CAREGIVER NOT LICENSED WITHIN SIXTY DAYS on January 30, 2012. In that motion, Mother requested that the minor child be returned to the care of A.D. and D.D. pending their appeal of the denial of their foster care license. In the alternative, Mother requested that the minor child be placed in the care of G.D. and C.D., husband and wife, pending the approval of their foster care license. G.D. and C.D. are also the minor child’s maternal great[-]uncle and aunt.
On February 3, 2012, BCCYS filed a related motion, titled MOTION FOR DETERMINATION OF MOST APPROPRIATE PLACEMENT. In that motion, BCCYS detailed its concerns relating to returning the child to the care [of] A.D. and D.D.[,] and also acknowledged that G.D. and C.D. had presented themselves as a potential kinship foster home for the minor child. An evidentia-ry hearing was held on February 15, 2012, at which A.D. and D.D.[,] as well as G.D. and C.D.[,] appeared and were represented by counsel. On February 21, 2012, the minor child’s placement was modified by order of [the trial court]. The minor child was placed in the care of G.D. and C.D.
On March 28, 2012, Mother, through her attorney, filed a MOTION FOR DETERMINATION OF MOST APPROPRIATE PLACEMENT. In that motion, Mother again requested that the minor child be returned to the care of A.D. and D.D. In support of that requested [sic], Mother averred that A.D. and D.D.’s appeal of the denial of their foster care license had been substantiated in February 2012[,] and A.D. and D.D. wanted to again become a resource for the minor child. The [trial court] held another evidentiary hearing on May 2, 2012, to address Mother’s motion. The [trial court] denied Mother’s motion on May 4, 2012, based on the [trial court’s] belief that the child’s current placement with G.D. and C.D. is most appropriate.
D.D. filed a pro se EMERGENCY MOTION TO TERMINATE DEPENDENCY AND RETURN CHILD BACK TO MATERNAL GREAT AUNT (hereinafter “Emergency Motion”) on June 15, 2012. [The trial court] entered an order on June 18, 2012, directing BCCYS to file an answer showing cause as to why D.D.’s motion should not be granted within twenty (20) days. BCCYS filed its answer, titled an ANSWER OF BERKS COUNTY CHILDREN AND YOUTH SERVICES TO EMERGENCY MOTION TO TERMINATE DEPENDENCY AND RETURN CHILD BACK TO MATERNAL GREAT AUNT on June [1035]*103526, 2012. Based upon a review of D.D.’s motion and BCCYS’ response, [the trial court] denied D.D.’s Emergency Motion on June 29, 2012.

Trial Court Opinion, 8/14/12, at 1-3 (block capitalization in original).

On July 27, 2012, Aunt timely filed an appeal from the order entered on June 29, 2012, along with a Concise Statement of Errors Complained of on Appeal pursuant to Pa.R.A.P. 1925(a)(2)® and (b).

In her brief on appeal from the dismissal of her motion, Aunt raises the following issues.

1. Did the [t]rial [c]ourt err and abuse its discretion when it denied the Petitioner[’]s Emergency Motion to Terminate Dependency and Return Child back to Maternal Great[-]Aunt without a hearing of all evidence and based solely on Berks County Children and Youth Service’s [sic] response in the Answer of Berks County Children and Youth Services to Emergency Motion To terminate [sic] Dependency and Return Child Back to Maternal Great[-]Aunt [?]
2. Did the [t]rial [c]ourt err and abuse its discretion by not questioning the validity of the Berks County Children and Youth Service’s [sic] statements in the Response Answer of Berks County Children and Youth Services to Emergency Motion To Terminate Dependency and Return Child Back to Maternal Great[-]Aunt [?][sic]
3. Did the [t]rial [c]ourt err and abuse its discretion by allowing Berks County Children and Youth Services twenty days to answer the Petitioner’s response in the Answer of Berks County Children and Youth Services to Emergency Motion To Terminate Dependency and Return Child Back to Maternal Great[-]Aunt [?]
4. Did the [t]rial [c]ourt err and abuse its discretion in not acknowledging Appellant’s “Standing” of Loco parentis to the minor child in question?
5. Did the [t]rial [c]ourt err and abuse its discretion in not acknowledging that the Petitioner and her husband, A.D., were approved licensed kinship/foster parents for the minor child, by Berks County Children and Youth Service[s], on February 15, 2012[,] the same day minor [sic][?]
6. Did the trial court err and abuse its discretion when it did not recognize that Appellant filed her “Intent to Adopt” in a timely manner[?]
7. Did the trial court err and abuse its discretion when it failed to hold a fair hearing regarding the several motions for “Most Appropriate Home” filed[?]
8. Did the trial court err and abuse its discretion when it did not give [Appellant the opportunity to refute BCCYS’s answers to her petition[?]
9. Did the trial court err and abuse its discretion when it did not recognize that [Appellant was a party to the proeeed-ings[?]
10. Did the trial court err and abuse its discretion when it when it [sic] did not consider the child’s best interest[?]
11.

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Bluebook (online)
61 A.3d 1031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gd-v-dd-pasuperct-2013.