In re L.J.

691 A.2d 520, 456 Pa. Super. 685, 1997 Pa. Super. LEXIS 573
CourtSuperior Court of Pennsylvania
DecidedMarch 21, 1997
StatusPublished
Cited by36 cases

This text of 691 A.2d 520 (In re L.J.) 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
In re L.J., 691 A.2d 520, 456 Pa. Super. 685, 1997 Pa. Super. LEXIS 573 (Pa. Ct. App. 1997).

Opinion

OPINION

MONTEMURO, Judge:

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.1 On January 22, 1993, L.J. was adjudicated dependent and placed in the custody of Philadelphia’s Department of Human Services (DHS). John Doe, Jr., L.J.’s half-brother, was born on May 20, 1993. One week after his birth, John Doe, Jr. was voluntarily placed in the same foster home as L.J.; M.D. was then very ill, and neither she nor Appellant was able to care for the child. On June 24, 1993, John Doe, Jr. was also adjudicated dependent. In January of 1994, a member of the Child Advocacy Unit (CAU) of the Defender Association was appointed to represent both L.J. and John Doe, Jr.; the same CAU attorney appointed initially continues to represent both children.

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.2 Another hearing was then scheduled on the issue of whether Appellant and/or his son had standing to intervene in L.J.’s goal change proceedings. Appellant filed a motion to intervene on December 11, 1995, which was denied at the standing proceeding on December 21, 1995. That same day, the trial judge approved the change of L.J.’s family service goal to adoption. This timely appeal followed.

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., 449 Pa.Super. 507, 510, 674 A.2d 702, 704 (1996). However, before we are permitted to review the appropriateness of the goal change order here, we must determine whether Appellant’s son, John Doe, Jr., has standing to appeal.3

[524]*524To possess standing to challenge an order of the court, a person must be aggrieved by that order. S. Whitehall Township Police Serv. v. S. Whitehall Township, 521 Pa. 82, 86, 555 A.2d 793, 795 (1989) (citation omitted). Specifically, (a) the challenger must “have a substantial interest in the subject-matter of the litigation; (b) the interest must be direct; and (c) the interest must be immediate and not a remote consequence.” Id. (citation omitted).

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, 555 A.2d at 795 (citations omitted). See Ken R., on Behalf of His Daughter, C.R. v. Arthur Z., 546 Pa. 49, 682 A.2d 1267 (1996) (applying same standard for standing to appeal from custody order); In the Interest of Garthwaite, 422 Pa.Super. 280, 619 A.2d 356 (1993) (applying same standard for standing to appeal from dependency order).

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 -, 682 A.2d at 1270 (finding that a sibling who wishes to obtain court ordered visitation privileges with other half-siblings has “substantial” interest in maintaining relationship with siblings). We also find that John Doe, Jr. has a direct interest in the outcome of L. J.’s goal change proceedings, that is, one which can be harmed by the result. Appellant argues that his son is harmed by the goal change because L.J.’s adoption will sever all legal ties between John Doe, Jr. and L.J. We agree that the adoption which is the inevitable effect of the goal change will indeed harm the legal relationship between L.J. and John Doe, Jr.

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., 521 Pa. at 87, 555 A.2d at 795. We conclude that since that John Doe, Jr.’s interest is not within the “zone of interests” protected under the Juvenile Act or the Constitution, it is not immediate. Compare with Ken R., 546 Pa. 49, 682 A.2d 1267 (holding that sibling does not have standing to sue for visitation rights since custody statute does not protect rights of siblings).

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 amicus4 are inapposite, as they concern the constitutional rights of parents, whether natural parents or foster parents, not siblings. See Santosky v. Kramer, 455 U.S. 745, 102 S.Ct.

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Bluebook (online)
691 A.2d 520, 456 Pa. Super. 685, 1997 Pa. Super. LEXIS 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lj-pasuperct-1997.