In Re SB

833 A.2d 1116
CourtSuperior Court of Pennsylvania
DecidedAugust 6, 2003
StatusPublished

This text of 833 A.2d 1116 (In Re SB) 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 SB, 833 A.2d 1116 (Pa. Ct. App. 2003).

Opinion

833 A.2d 1116 (2003)

In the Interest of: S.B., a Minor.
Appeal of: F.B. and A.M.B., the Parents of the Above-Named Minor.
In the Interest of: E.B., a Minor.

Superior Court of Pennsylvania.

Argued May 1, 2003.
Filed August 6, 2003.

David H. Acker, New Castle, for E.B. and F.B., appellants.

*1117 Stacy J. Harris, Aliquippa, for S.B., appellee.

John L. Brown, Asst. Dist. Atty., Beaver, for Com., appellee.

Before: JOYCE, BOWES and TAMILIA, JJ.

TAMILIA, J.

¶ 1 Father and mother, F.B. and A.M.B., respectively, appeal the May 21, 2002 Order, adopting the findings of the master with regard to their children, placing E.B., a female, in foster care with the goal of adoption, and S.B., a male, in the custody of appellants under the protective supervision of Beaver County Children and Youth Services (CYS).

¶ 2 The record reveals the children are natural siblings, adopted by appellants from a Guatemalan orphanage in 2000. Father immediately began an illicit relationship with E.B., then age nine (9). The sexual nature of this relationship was suspected and then later confirmed when E.B. had the opportunity to spend time with the Mother Superior who had been in charge of the orphanage in Guatemala. This information immediately was reported to the local CYS, which subsequently interviewed E.B. and confirmed the abuse. CYS filed an allegation with Juvenile Services alleging both children to be dependent and several hearings were held before a juvenile master.

[T]he master issued a forty-nine (49) page report, with his recommendations on each of the cases, to the Court. On March 15, 2002, this Court issued two Orders, one for each juvenile, adopting the recommendations of the Juvenile Master and adjudicating each juvenile dependent. On May 16, 2002, a disposition hearing was held in each case, and on May 21, 2002, the Court issued an Order placing [E.B.] in foster care under Beaver County Children and Youth Services, and placing her brother, [S.B.], in the custody of his parents under the protective supervision of Beaver County Children and Youth Services.

(Trial Court Opinion, McBride, J., 10/11/02, p. 2.) Appellants did not file exceptions or post-trial motions as required by local practice in Beaver County but instead filed this direct appeal.

¶ 3 In their statement of questions, parents raise the following questions for our review.

1. When a finding is made that a child is well cared for, safe in his parents' home, and has neither been physically or sexually abused, can the child be found dependent because a sibling has been abused or neglected?
2. With regard to [S.B.], is the finding of dependency supported by clear and convincing evidence?
3. With regard to [E.B.], is the finding of dependency supported by clear and convincing evidence?

(Appellants' brief, at 8.)

In dependency proceedings our [scope] of review is broad. Nevertheless, we will accept those factual findings of the trial court that are supported by the record because the trial judge is in the best position to observe the witnesses and evaluate their credibility. We accord great weight to the trial judge's credibility determinations. Although bound by the facts, we are not bound by the trial court's inferences, deductions, and conclusions therefrom; we must exercise our independent judgment in reviewing the court's determination, as opposed to its findings of fact, and must order whatever right and justice dictate.

*1118 In re S.J.L., 828 A.2d 352, 355 (Pa.Super.2003)(internal quotations and citations omitted.)[1]

`A court is empowered by 42 Pa.C.S. § 6341 [Adjudication] (a) [General rule] and (c) [Finding of dependency] to make a finding that a child is dependent if the child meets the statutory definition by clear and convincing evidence. If the court finds that the child is dependent, then the court may make an appropriate disposition of the child to protect the child's physical, mental and moral welfare, including allowing the child to remain with the parents subject to supervision, transferring temporary legal custody to a relative or a private or public agency, or transferring custody to the juvenile court of another state. 42 Pa.C.S. § 6351. [Disposition of dependent child] (a) [General rule].'

In re D.A., 801 A.2d 614, 617 (Pa.Super.2002) (en banc ), quoting In re M.L., 562 Pa. 646, 649, 757 A.2d 849, 850-851 (2000).

¶ 4 The trial court, for purposes of its Opinion, adopted and incorporated by reference the master's findings of fact as set forth at pages forty through forty-six of the Master's Report. (Trial Court Opinion at 3.) The court summarized these findings as follows:

[E.B.] was eleven (11) years of age on August 9, 2001 (August 8, 2001 Hearing Transcript, incorrectly dated August 27, 2001, at p. 17). She testified that her adoptive father, [F.B.], started touching her "a couple of days after I came here". She also stated, "He started taking my clothes off", sometimes she did not have clothes on, and that he touched her with his hands and kissed her "in my legs". She did tell him to stop, and he got mad. When she told her adoptive mother, [A.M.B.], "she never cared. She didn't pay attention to me". She testified that her adoptive father showed her "yucky movies" with people who "didn't have no clothes on and they were touching their privates and stuff." Finally, she testified that her adoptive father touched her with "his private". [E.B.] testified that she did not want to live with her adoptive father or her adoptive mother.

[E.B.] also spoke to various professionals concerning her allegations of sexual abuse at the hands of her adoptive father and lack of protection by her adoptive mother. These professionals included Kathleen Cloonan, Mother Ines Ayau, Father David Moriak, Children *1119 and Youth Services Intake Worker, Steven Socci, Leslie Waddell (who was a witness called by the attorney for the parents) and Children and Youth Services Caseworker, Nicole DiCicco. The Juvenile Master did find, and the Court does find, the revelations by the juvenile to all of the professionals concerned for her well-being, her "best interest", was consistent with her in-Court testimony before the Master.

(Trial Court Opinion at 3, citations omitted.)

¶ 5 Judge McBride continued,

Perhaps the most telling testimony in the entire proceeding was offered by Leslie Jan Waddell. As noted, she was called as a witness by counsel for the adoptive parents. She testified that she is a therapist in children's services. She stated that her office was initially called by [A.M.B.], the adoptive mother of the juveniles. [A.M.B.] telephoned on May 7, 2001 which was, ironically or not, the same day that Steven Socci, the Children and Youth Services Intake Worker, was interviewing [E.B.] at school. [A.M.B.] "...described that she ( [E.B.]) was having sexual outbursts and that she was preoccupied and—sexually preoccupied and questioned ([A.M.B.]) that there was sexual abuse". In her testimony, Ms. Waddell went into great detail describing her diagnosis of young [E.B.],

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Related

In the Interest of J.M.
652 A.2d 877 (Superior Court of Pennsylvania, 1995)
In Re S.J.-L.
828 A.2d 352 (Superior Court of Pennsylvania, 2003)
In Re Adoption of James J.
481 A.2d 892 (Supreme Court of Pennsylvania, 1984)
In re C.J.
729 A.2d 89 (Superior Court of Pennsylvania, 1999)
In re M.L.
757 A.2d 849 (Supreme Court of Pennsylvania, 2000)
In re D.A.
801 A.2d 614 (Superior Court of Pennsylvania, 2002)
In the Interest of S.B.
833 A.2d 1116 (Superior Court of Pennsylvania, 2003)
In re A.M.
530 A.2d 430 (Superior Court of Pennsylvania, 1987)

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Bluebook (online)
833 A.2d 1116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sb-pasuperct-2003.