In the Int. of: J.G., Appeal of: J.G.

CourtSuperior Court of Pennsylvania
DecidedJanuary 8, 2020
Docket2120 EDA 2019
StatusUnpublished

This text of In the Int. of: J.G., Appeal of: J.G. (In the Int. of: J.G., Appeal of: J.G.) 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 the Int. of: J.G., Appeal of: J.G., (Pa. Ct. App. 2020).

Opinion

J-S63002-19

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: J.G., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : : APPEAL OF: J.G., FATHER : No. 2120 EDA 2019

Appeal from the Order Entered July 8, 2019 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0002511-2017

BEFORE: GANTMAN, P.J.E., MURRAY, J., and STRASSBURGER, J.*

MEMORANDUM BY GANTMAN, P.J.E.: FILED JANUARY 08, 2020

Appellant, J.G. (“Father”), appeals from the order entered in the

Philadelphia County Court of Common Pleas that extended the dependency

adjudication of J.G. (“Child”) and found Father was the perpetrator of child

abuse against Child. We affirm.

The relevant facts and procedural history of this case are as follows.

Father and N.H. (“Mother”) are the natural parents of Child, born in August

2017. On September 18, 2017, the Philadelphia Department of Human

Services (“DHS”) filed a dependency petition for Child based on a lack of

parental care and supervision. The court adjudicated Child dependent on

September 26, 2017, but permitted Child to remain at home with Father and

Mother. A few months later, on December 20, 2017, Child was admitted to

St. Christopher’s Hospital for Children based on his pediatrician’s concerns

____________________________________________

* Retired Senior Judge assigned to the Superior Court. J-S63002-19

regarding Child’s failure to thrive. At four months old, Child was severely

underweight and malnourished. Child was also dirty and had multiple rib

fractures in various stages of healing. Due to Child’s condition, the hospital

referred Child to DHS.

On December 27, 2017, DHS filed an application for an order of

protective custody of Child, which the court subsequently granted. Following

a shelter care hearing on December 28, 2017, the court placed Child in foster

care upon his release from the hospital. DHS filed a second dependency

petition on January 18, 2018, requesting a finding of abuse against Father and

Mother. Following hearings on April 2, 2019, and July 8, 2019, the court

entered an order extending the dependency adjudication of Child and finding

Father and Mother had committed child abuse against Child. On July 25, 2019,

Father filed a timely notice of appeal and a contemporaneous concise

statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925.1

Father raises the following issues for our review:

DID THE TRIAL JUDGE RULE IN ERROR THAT THE PHILADELPHIA CITY SOLICITOR’S OFFICE [MET] ITS BURDEN OF PROOF THAT THERE SHOULD BE A FINDING OF CHILD ABUSE UNDER THE CHILD PROTECTIVE SERVICES ACT, 23 PA.C.S. SEC. 6303[?]

DID THE TRIAL COURT JUDGE ERR IN ALLOWING FATHER’S CRIMINAL DOCKET AND CRIMINAL COURT SUMMARY IN AS PART OF THE CHILD ABUSE HEARING[?] ____________________________________________

1Mother filed a separate appeal from the order, which is docketed at No. 2119 EDA 2019 (J-S63001-19).

-2- J-S63002-19

(Father’s Brief at 2).2

Our standard of review from an adjudication of dependency:

[R]equires an appellate court to accept the findings of fact and credibility determinations of the trial court if they are supported by the record, but does not require the appellate court to accept the [trial] court’s inferences or conclusions of law. Accordingly, we review for an abuse of discretion.

In re A.B., 63 A.3d 345, 349 (Pa.Super. 2013) (internal citation omitted). In

other words: “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.” In

re D.A., 801 A.2d 614, 618 (Pa.Super. 2002) (en banc).

During the course of dependency proceedings, a trial court may find a

parent to be the perpetrator of child abuse as defined under the Child

2 Concerning his second issue, Father’s appellate brief contains only a single- paragraph argument with no citations to any supporting legal authority. Father’s failure to develop his issue on appeal compels waiver. See Lackner v. Glosser, 892 A.2d 21 (Pa.Super. 2006) (explaining arguments must adhere to rules of appellate procedure and arguments which are not appropriately developed are waived; arguments not appropriately developed include those where party has failed to cite relevant authority to support contention); Pa.R.A.P. 2119(a). Moreover, even if properly preserved, Father’s claim would merit no relief for the reasons stated in the trial court’s opinion. (See Trial Court Opinion, filed August 28, 2019, at 5) (finding: testimony indicated Father was with Child often because he was under house arrest; Father’s criminal summary was also relevant to show if Father was incarcerated in December 2017, which could have negated finding of child abuse against Father; Father showed no prejudice from admission of criminal summary).

-3- J-S63002-19

Protective Services Law (“CPSL”). In Interest of J.M., 166 A.3d 408, 421-

22 (Pa.Super. 2017). The “CPSL does not create or include a separate action

for child abuse, and, under the Juvenile Act, a finding of abuse can only be

made as part of a dependency proceeding in which abuse is alleged.” In

Interest of R.T., 592 A.2d 55, 59 (Pa.Super. 1991). See also 23 Pa.C.S.A.

§ 6370(b)(2)(i) (stating that if county agency deems it appropriate in

dependency or delinquency proceeding, including instance in which alleged

perpetrator has access or poses threat to child, county agency may petition

court for finding of child abuse).

The CPSL defines “child abuse,” in relevant part, as follows:

§ 6303. Definitions

(b.1) Child abuse.—The term “child abuse” shall mean intentionally, knowingly or recklessly doing any of the following:

(1) Causing bodily injury to a child through any recent act or failure to act.

* * *

(5) Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act.

(7) Causing serious physical neglect of a child.

23 Pa.C.S.A. § 6303(b.1)(1),(5),(7). “Bodily injury” is defined as

“[i]mpairment of physical condition or substantial pain.” 23 Pa.C.S.A. §

-4- J-S63002-19

6303(a). “Serious physical neglect” is defined as, inter alia, “[t]he failure to

provide a child with adequate essentials of life, including food, shelter, or

medical care” which “endangers a child’s life or health, threatens a child’s well-

being, causes bodily injury or impairs a child’s health, development, or

functioning.” Id. The existence of “child abuse” pursuant to Section

6303(b.1) must be proved by clear and convincing evidence. In re L.Z., 631

Pa. 343, 361, 111 A.3d 1164, 1174 (2015). Under certain circumstance,

however, the identity of an abuser may be established by prima facie

evidence. Id. See also In re L.V., 127 A.3d 831, 837-38 (Pa.Super.

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Related

In the Interest R.T.
592 A.2d 55 (Superior Court of Pennsylvania, 1991)
In the Matter of: L.Z., Appeal of: L.Z.
111 A.3d 1164 (Supreme Court of Pennsylvania, 2015)
In the Interest of: L v. a Minor
127 A.3d 831 (Superior Court of Pennsylvania, 2015)
In the Interest of: J.M., a Minor
166 A.3d 408 (Superior Court of Pennsylvania, 2017)
In re D.A.
801 A.2d 614 (Superior Court of Pennsylvania, 2002)
Lackner v. Glosser
892 A.2d 21 (Superior Court of Pennsylvania, 2006)
In the Interest of A.B.
63 A.3d 345 (Superior Court of Pennsylvania, 2013)

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