In re L.Z.

91 A.3d 208, 2014 Pa. Super. 85, 2014 WL 1687815, 2014 Pa. Super. LEXIS 226
CourtSuperior Court of Pennsylvania
DecidedApril 29, 2014
StatusPublished
Cited by20 cases

This text of 91 A.3d 208 (In re L.Z.) 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.Z., 91 A.3d 208, 2014 Pa. Super. 85, 2014 WL 1687815, 2014 Pa. Super. LEXIS 226 (Pa. Ct. App. 2014).

Opinions

OPINION BY

OLSON, J.:

Appellant, L.F. (“Mother”), appeals from the juvenile court’s January 6, 2012 order adjudicating L.Z. (“Child”) dependent, finding aggravated circumstances, and finding Mother a perpetrator of child abuse. We affirm in part and vacate in part.

The juvenile court recited the following facts in its Pa.R.A.P.1925(a) opinion:

On December 31, 2011, the Department of Human Services (hereinafter, “DHS”) received a Child Protective Services (hereinafter, “CPS”) report alleging that [ ] Child was brought to Abing-ton Memorial Hospital with a deep cut to the base of his penis, a bruise on each of his cheeks, and severe diaper rash.
[* * *]
On January 6, 2012, there was an adjudicatory hearing held before Judge [Ann M.] Butchart. Mother was present at the hearing and was represented by counsel. The [c]ourt heard testimony from DHS social worker, Kelly Brown [ (“Ms. Brown”) ]. Ms. Brown testified that she met with Mother at the hospital on December 3, 2011. Mother told [Ms. Brown] that she had been residing with [210]*210her paramour for the two days prior to the incident and that she had not seen [ ] Child since that time. Mother told Ms. Brown that she and [] Child resided with [R.F., Child’s maternal aunt (“Aunt”) ], and that [she and Aunt] were the two primary caregivers for [ ] Child. In her testimony, Ms. Brown stated that Mother indicated that [] one of the green circular marks on [ ] Child’s cheekbones was caused by a fall where he hit his face on a table. Mother was unable to provide any explanation as to the cause of the other mark. It was also noted that [ ] Child consistently resided with Mother. Ms. Brown testified that she had received another report that [ ] Child was unkempt, his feet were filthy, and his toes were dirty. It was also learned that while Mother and [Aunt] were transporting [ ] Child to the hospital they stopped at Dunkinf] Donuts. Mother was diagnosed as suffering from bipolar disorder. However, Mother’s level of compliance with treatment was unknown.
Ms. Brown testified that there was a General Protective Services (hereinafter, “GPS”) report that was substantiated against Mother, regarding lack of supervision for [ ] Child and [ ] Child suffering from a yeast infection. Mother was not indicated as a perpetrator of abuse either by commission or omission for the CPS report. [Aunt] was indicated as a perpetrator of abuse in the CPS report.
The [c]ourt also heard testimony from Dr. Deborah Silver [ (“Dr. Silver”) ], the Medical Director of the Pediatric Inpatient Unit at Abington Memorial Hospital. Dr. Silver was qualified as an expert in pediatric medicine. Dr. Silver received training in identifying and treating child abuse and during the course of her career had seen several cases of abuse. Dr. Silver testified that she believed [ ] Child was the victim of child abuse. Dr. Silver stated that in cases where there is a suspicion of child abuse pictures were taken as a matter of ordinary course. The pictures provided to the [c]ourt indicated a bruise on [] Child’s left cheekbone, a bruise on his right cheek, a penis laceration in his genital area, and a significant diaper rash. Dr. Silver testified that [ ] Child’s penile laceration was an “extremely uncommon presentation” for a child of his age. Dr. Silver also indicated in her professional opinion that the injury caused [] Child severe pain. She also stated that the injury appeared to be non-accidental in nature. The explanation for the injury provided by [Aunt] was that [] Child pulled firmly on his foreskin and put traction on his penis causing it to bleed. Dr. Silver opined that this explanation did not seem plausible because [] Child was not strong enough to cause such an injury to himself.
Dr. Silver described [ ] Child’s bruises in detail. [ ] Child’s bruises were very dark and were located on opposite sides of his face. He had a large bruise in the meat of his right cheek in the buckle area as well as his left cheekbone. Mother stated that the bruises were caused when [] Child fell on top of a T.V. table. Dr. Silver testified that in her professional opinion the explanation provided was not consistent with the injuries. Dr. Silver opined that the injury to the right cheek was caused by someone grabbing [] Child’s face and “squeezing it between their fingers and planting their thumb in the cheek.” Dr. Silver stated that [] Child could not have been very comfortable and that this was a common abuse injury that she saw. Dr. Silver testified that although she could not provide an exact date of when [ ] Child suffered the bruises, she [211]*211did state that they were less than a week and more than a day old.
Mother reported that [] Child’s diaper rash was caused by diarrhea. Dr. Silver reported that the location of [] Child’s diaper rash indicated that he had been in urine for extended periods of time. Mother’s explanation for the rash was not compatible to the location of the rash. [] Child was also treated for a yeast infection. Dr. Silver testified that [ ] Child was very dirty. [ ] Child had dirt from his knees to his toes and his toenails were encrusted with black dirt. Dr. Silver diagnosed [ ] Child’s injuries as “non-accidental trauma.”

Juvenile Court Opinion, 5/17/12, at 1-5 (record citations and footnotes omitted).

As a result of the foregoing, DHS filed a petition on December 9, 2011 seeking to have Child adjudicated dependent. The Defender Association of Philadelphia Child Advocacy Unit was appointed counsel and guardian ad litem (“Child Advocate”) for Child. On January 4, 2012, the Child Advocate filed a motion seeking a ruling that Child was a victim of child abuse, that Mother was the perpetrator of said abuse, and that aggravated circumstances as defined by 42 Pa.C.S.A. § 6302 existed. On January 6, 2012, a hearing was held on DHS’ dependency petition and the Child Advocate’s motion. At the conclusion of the hearing, the juvenile court adjudicated Child dependent based upon present inability to care for Child and child abuse. The juvenile court specifically found that Child was the victim of abuse perpetrated by Mother, and that there were aggravated circumstances. Aggravated Circumstances Order, 1/6/12. As a result of the finding of aggravated circumstances the juvenile court ordered that “no efforts are to be made to preserve the family and reunify [] Child with [] Mother.” Id.

Mother filed a timely notice of appeal on February 6, 2012,1 in which she raised three issues: 1) the juvenile court erred in finding Mother responsible for child abuse under 23 Pa.C.S.A. § 6303; 2) the juvenile court erred in finding that aggravated circumstances existed under 42 Pa.C.S.A. § 6302; and, 3) the juvenile court erred in finding that DHS did not need to make reasonable efforts to reunify. In a prior opinion, a divided panel of this Court affirmed in part and vacated in part the order of the juvenile court. Specifically, the juvenile court’s order was affirmed insofar as it declared Child dependent. The juvenile court’s findings that Mother was the perpetrator of abuse and that aggravated circumstances existed were vacated. Moreover, the juvenile court’s order permitting cessation of reunification efforts was vacated. Appellee, the Child Advocate, sought reargument of our decision and we granted en banc review. This matter is now ready for this Court’s consideration.

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Cite This Page — Counsel Stack

Bluebook (online)
91 A.3d 208, 2014 Pa. Super. 85, 2014 WL 1687815, 2014 Pa. Super. LEXIS 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lz-pasuperct-2014.