In Re Petition to Compel Cooperation With Child Abuse Investigation

875 A.2d 365, 2005 Pa. Super. 188, 2005 Pa. Super. LEXIS 1309
CourtSuperior Court of Pennsylvania
DecidedMay 20, 2005
StatusPublished
Cited by20 cases

This text of 875 A.2d 365 (In Re Petition to Compel Cooperation With Child Abuse Investigation) 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 Petition to Compel Cooperation With Child Abuse Investigation, 875 A.2d 365, 2005 Pa. Super. 188, 2005 Pa. Super. LEXIS 1309 (Pa. Ct. App. 2005).

Opinions

OPINION BY

FORD ELLIOTT, J.:

¶ 1 R.G. & S.G., natural parents of I.G., appeal the court’s March 4, 2004 order compelling their cooperation with Susquehanna County Services for Children and Youth (“C & Y”) for the scheduling and completion of a “home visit” of their residence. Appellants argue, inter alia, that the order was unsupported by probable cause and therefore violated their state and federal constitutional rights against unreasonable searches and seizures. We agree and vacate the lower court’s order.

¶ 2 On March 4, 2004, C & Y presented a “petition to compel cooperation with child abuse investigation” before the Honorable Kenneth W. Seamans, President Judge. In its petition, C & Y averred that on or about February 17, 2004, it received a Child Line referral for possible child abuse of I.G., born February 5, 2004; and that appellants had refused to allow the assigned caseworker to make a home visit as mandated by 55 Pa.Code § 3490.55(i). Without a hearing, Judge Seamans signed an order directing appellants to comply with a home visit within ten days. On March 9, 2004, appellants filed a motion for temporary stay, which was denied on that same date, the lower court “having determined under Pennsylvania Code Title 55 § 3490.55© a home visit is mandatory .... ” (Docket No. 2-7.) On March 10, 2004, appellants filed a notice of appeal.1 Both this court and our supreme court denied appellants’ motions for an emergency stay pending appeal.

¶ 3 Appellants have raised the following issues for this court’s review:

1. Is the home-visit order an appeal-able order?
2. Because the issue raises important public policy issues about whether social workers must comply with the Fourth Amendment and Article I, Section 8, and is capable of repetition yet evading appellate review, may this Court address the merits of the appeal even though the home visit has occurred?
3. Did the court below lack jurisdiction to entertain the petition for the home-visit order since its purported jurisdiction was based solely on an administrative regulation?
[369]*3694. Are Pennsylvania social-worker investigations, insofar as they include non-consensual entry into a private residence, subject to Fourth Amendment and Article I, Section 8?
5. Must home-visit orders like the one obtained by the Agency be supported by a verified petition stating facts amounting to probable cause and must they state with particularity the place to be searched?
6. If 55 Pa. ADC § 3490.73 allows a court to issue a home-visit order without probable cause, is it unconstitutional?
7. Does due process require notice and opportunity to be heard in non-emergency cases where social workers seek entry into a private residence to complete an investigation?

Appellants’ brief at 2.

¶4 Initially, we must address the appealability of the March 4, 2004 order. Pennsylvania Rule of Appellate Procedure 341 provides, in relevant part:

Rule 341. Final Orders; Generally
(a) General rule. Except as prescribed in subdivisions (d), and (e) of this rule, an appeal may be taken as of right from any final order of an administrative agency or lower court.
(b) Definition of final order. A final order is any order that:
(1) disposes of all claims and of all parties; or
(2) any order that is expressly defined as a final order by statute; or
(3) any order entered as a final order pursuant to subdivision (c) of this rule.

Pa.R.A.P. 341(a), (b).

¶ 5 In the instant case, there was never a juvenile dependency petition filed by C & Y. The investigation was completed without instituting further proceedings. In granting C & Y’s petition to compel, the trial court disposed of the only issue then before it: whether appellants were required to submit to a home visit as part of C & Y’s investigation into the child abuse allegations. As there was nothing else pending, the comb’s order disposed of all claims and of all parties; and therefore, constituted a “final order” for appeal purposes.2

¶ 6 Next, we must consider whether the matter is moot. After our supreme court denied appellants’ motion for an emergency stay, the home visit that is the subject of the instant appeal in fact occurred. (Appellants’ brief at 11.) Since then, appellants have received notice from C & Y that the investigation has been closed and that C & Y determined the allegations of possible medical neglect to be unfounded. (Id) Nevertheless, appellants urge this court to consider their claims on the merits because “the issues raised by this appeal are of the highest public importance and are capable of repetition yet evading review.” (Id)

¶ 7 “It is impermissible for courts to render purely advisory opinions. In other words, judgments or decrees to which no effect can be given will not, in most cases, be entered by this Court.” Rivera v. Pennsylvania Dept. of Corrections, 837 A.2d 525, 527-528 (Pa.Super.2003), appeal denied, 579 Pa. 704, 857 A.2d 680 (2004) (citations and quotation marks omitted).

Generally, an actual claim or controversy must be present at all stages of the judicial process for the case to be [370]*370actionable or reviewable. Plowman v. Plowman, 409 Pa.Super. 143, 597 A.2d 701, 705 (1991). If events occur to eliminate the claim or controversy at any stage in the-process, the case becomes moot. Id. Even if a claim becomes moot, we may . still reach its merits if the issues raised in the case are capable of repetition, yet likely to continually evade appellate review. Id. Seo also In Re Fiori, 543 Pa. 592, 600 n. 4, 673 A.2d 905, 909 n. 4 (1996) (holding death of patient did not preclude appellate review where issue was of important public interest, capable of repetition, yet apt to elude appellate review); Commonwealth v. Bernhardt, 359 Pa.Super. 413, 519 A.2d 417, 420 (1986) (holding exception to -mootness doctrine exists where ‘(1) the question involved is capable of repetition but likely to evade review, or (2) the question involved is one of public importance’). Therefore, if the issues raised by an appeal are ‘substantial questions’ or ‘questions of public importance,’ and are capable of repetition, yet likely to evade appellate review, then we will reach the merits of the appeal despite its technical mootness. Id.

In re Duran, 769 A.2d 497, 502 (Pa.Super.2001).

¶ 8 In Duran, supra, Maria Duran (“Maria”) was a Jehovah’s Witness who required a liver transplant.

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In Re Petition to Compel Cooperation With Child Abuse Investigation
875 A.2d 365 (Superior Court of Pennsylvania, 2005)

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Bluebook (online)
875 A.2d 365, 2005 Pa. Super. 188, 2005 Pa. Super. LEXIS 1309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-petition-to-compel-cooperation-with-child-abuse-investigation-pasuperct-2005.