In re M.B.

869 A.2d 542
CourtSuperior Court of Pennsylvania
DecidedFebruary 22, 2005
StatusPublished
Cited by13 cases

This text of 869 A.2d 542 (In re M.B.) 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 M.B., 869 A.2d 542 (Pa. Ct. App. 2005).

Opinion

OPINION BY

OLSZEWSKI, J.:

¶ 1 Appellant, mother, appeals the order of May 4, 2004 (granting a protective order to the Erie County Office of Children and Youth); the order of May 19, 2004 (denying appellant’s motion for leave of court); and the order of May 24, 2004 (changing the goal in the child dependency case to adoption from reunification). On appeal, appellant claims that the lower court abused its discretion in its rulings, deprived appellant of due process in its May 4, 2004 and May 19, 2004 rulings, lacked sufficient evidence for its May 24, 2004 ruling, and erred with regard to the admission and exclusion of witness testimony at the May 24, 2004 proceedings.1 We affirm.

¶2 The relevant factual history, as related in the lower court opinion, is as follows. A minor child, M.B., born on October 14, 2001, was detained in foster care by the Erie County Office of Children and Youth (hereinafter the “OCY”) on June 24, 2003. Lower Court Opinion, 7/12/2004, at 1. On July 22, 2003, after a hearing, M.B. was adjudicated dependent based on the dependent child petition, which included allegations of appellant’s homelessness, appellant leaving M.B. unsupervised with people she did not know, [545]*545appellant’s transient behavior, and the father’s stated and documented inability to care for the child. Id. On August 20, 2003, after a dispositional hearing, the lower court ordered the continued placement of M.B. in foster care, established the goal of reunification with appellant, and adopted the OCY’s plan for reunification. Id. at 2. The plan for reunification included, among other requirements, appellant’s participation in educational programs, appellant’s demonstration of parental skills, and appellant’s attendance and participation in M.B.’s medical, developmental, psychological, and educational appointments. Id. at 2.

¶ 3 Prior to the scheduled healing of February 6, 2004, and consistent with the confidentiality protocol of the OCY with regard to its documents, a copy of the confidential court summary was provided to appellant. Id. at 2. At the February 6, 2004 hearing, one of appellant’s witnesses had in her possession a copy of the confidential court summary and indicated that the document was provided to her by appellant. Id. at 3. Thereafter, on April 2, 2004, the OCY presented a motion for protective order, alleging that confidentiality was breached by appellant at the previous hearing. Id. at 3. Looking to safeguard the confidential information and balance appellant’s interests, the OCY sought the protective order so as to be permitted to provide all confidential documents for subsequent hearings to appellant’s attorney rather than directly to appellant. Id. at 3. The lower court granted the protective order on May 4, 2004. Docket Report, at 1.

¶4 Appellant then filed a motion for leave of court, seeking to provide copies of two court summaries, a family kinship profile, and two other related reports to potential witnesses. Lower Court Opinion, 7/12/2004, at 4. This motion was denied on May 19, 2004. Docket Report, at 1.

¶ 5 After the May 24, 2004 permanency hearing, the lower court determined that while appellant had complied with many technical requirements of the educational plans, was cooperative, and stated her love for her child, appellant, who suffers from mental retardation, lacked progress within the education plans, had not been able to maintain consistent housing, was unaccounted for during a period of time while staying with an unknown man, was discharged from a parental skills program for failing to follow the rules, missed visits with M.B., and was aware of M.B.’s special needs but was unable to meet them. Lower Court Opinion, 7/12/2004, at 4-7. The lower court, in its order of May 24, 2004, then changed the goal for M.B. to adoption from reunification and authorized the OCY to pursue termination of parental rights. Docket Report, at 1.

¶ 6 Appellant sets forth fourteen assignments of error in her Pa.R.A.P. 1925(b) concise statement of matters complained of on appeal, which can be summarized as follows.2 Appellant challenges the May 4, 2004 order granting the OCY a protective order and the May 19, 2004 order denying appellant’s motion for leave from the protective order. With regard to these two orders, appellant claims that the lower court abused its discretion in its rulings and that without the documents underlying the rulings, appellant was deprived of due process.3 Appellant also challenges the [546]*546May 24, 2004 order directing a goal change. Appellant claims that the lower court abused its discretion in its ruling, that there was insufficient evidence for the ruling, and that the lower court erred with regard to the admission and exclusion of witness testimony at the hearing.

¶ 7 Appellant first challenges the orders of May 4, 2004 and May 19, 2004, claiming that the lower court abused its discretion. Appellant’s Brief, at 4. When reviewing a lower court’s order in a case involving a minor child, we review for an abuse of discretion with a focus on the best interests of the child; an abuse of discretion “is more than just an error in judgment ... [the lower court] will not be found to have abused its discretion unless the record discloses that the judgment exercised was manifestly unreasonable or the result of partiality, prejudice, bias, or ill-will.” Commonwealth v. Hess, 745 A.2d 29, 31 (Pa.Super.2000).

¶ 8 There is a compelling interest in protecting minor children’s privacy rights and the protection of a minor child’s privacy is a key aspect of the Juvenile Act.4 This Court has held that “Pennsylvania’s Juvenile Act demonstrates our legislature’s compelling interest in safeguarding children involved in juvenile proceedings.” In re M.B., 819 A.2d 59, 65 (Pa.Super.2003). Additionally, the confidentiality of documents prepared in the course of proceedings under the Juvenile Act is protected from dissemination. 42 Pa.C.S.A. § 6307. Only persons “having a legitimate interest in the proceedings” may also have access to the information, but only with prior approval of the court. 42 Pa.C.S.A. § 6307(7).

¶ 9 Appellant argues that the “denial of rights to a parent cannot and should not be shrugged off under the mantra ‘best interest of the child.’ ” Appellant’s Brief, at 19. Appellant claims that M.B.’s interests “are not harmed in any way” by disclosure to third parties. Id. We disagree.

¶ 10 Here, the lower court noted that appellant had breached the confidentiality standards at a past hearing and intended to disseminate the confidential documents relating to M.B., again, in preparation for future hearings. The best interest of the child is not a mantra, rather, it is the paramount concern in these proceedings. The lower court recognized the importance of safeguarding the interests of M.B. and prevented the disclosure of M.B.’s confidential information to any third parties. This was not an abuse of discretion.

¶ 11 Appellant next challenges the orders of May 4, 2004 and May 19, 2004, claiming that she was deprived of due process by not having an opportunity to be heard and in limiting and precluding appellant from providing confidential documents to witnesses. Appellant’s Brief, at 4.

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Bluebook (online)
869 A.2d 542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mb-pasuperct-2005.