In the Int. of: W.P., Appeal of: W.P.

CourtSuperior Court of Pennsylvania
DecidedAugust 18, 2025
Docket2974 EDA 2024
StatusUnpublished

This text of In the Int. of: W.P., Appeal of: W.P. (In the Int. of: W.P., Appeal of: W.P.) 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: W.P., Appeal of: W.P., (Pa. Ct. App. 2025).

Opinion

J-A08007-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: W.P., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: W.P., MINOR : : : : : No. 2974 EDA 2024

Appeal from the Order Entered November 4, 2024 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0001126-2023

BEFORE: LAZARUS, P.J., McLAUGHLIN, J., and SULLIVAN, J.

MEMORANDUM BY LAZARUS, P.J.: FILED AUGUST 18, 2025

W.P. (Child), a minor,1 appeals from the order, entered in the Court of

Common Pleas of Philadelphia County, Juvenile Division, denying the

Philadelphia Department of Human Services’ (DHS) petition for dependency. 2

We affirm.

____________________________________________

1 Child is represented on appeal by the Defender Association of Philadelphia,

Child Advocacy Unit. DHS has not filed a brief in this matter. See Letter from the City of Philadelphia DHS, 1/29/25.

2 The court’s order reads as follows:

The Child is not Dependent pursuant to the Pennsylvania Juvenile Act and [] the petition for dependency is dismissed. Any temporary legal and physical custody by the Philadelphia County Human Services of the Child shall be discharged. . . . Mother is ready[,] willing[,] and able to care [for Child]. Child advocate and DHS to cooperate for [Child’s] safe return back to Brazil.

Order of Adjudication and Disposition, 11/4/24. J-A08007-25

In 2021, when Child was fourteen years old, he came to the United

States3 to live with his maternal uncle, W.M. (Uncle) and an unidentified aunt.

His parents remained in Brazil. Child’s parents were told that he was going to

school, but, according to Child, he was working in Uncle’s auto shop for

approximately two years, six days a week, and he was never enrolled in

school. See N.T. Adjudicatory Hearing, 11/4/24, at 40-41. Child testified

Uncle mistreated him. Id. at 42.

On December 13, 2023, DHS received a Child Protective Services (CPS)

report alleging that Child was being labor-trafficked by Uncle. On December

20, 2023, DHS obtained an order of protective custody (OPC); Child was

placed in a group home and eventually in a foster home. The court held a

shelter care hearing on December 22, 2023. Following the hearing, the court

placed Child in the temporary custody of DHS.

On January 4, 2024, DHS filed a dependency petition, and the court

listed the matter for an adjudicatory hearing on February 1, 2024. The

adjudicatory hearing, continued five times, was ultimately held on November

4, 2024. Mother, who lives in Brazil, did not attend the hearing, but was

represented at the hearing by Robin Banister, Esquire.

3 It appears Child was abandoned at the airport in New York by the person

who accompanied him on the flight from Brazil. Police contacted Uncle, who is Mother’s brother, in Philadelphia. Child testified: “I came here because the guy that brought us said he was going to bring my mother afterwards, but when we got to the airport the guy that brought me abandoned me. . . . He was my mom’s ex’s friend.” N.T. Adjudicatory Hearing, 11/4/24, at 36.

-2- J-A08007-25

On November 4, 2024, following the hearing, the court entered an order

finding Child was not dependent, discharging the dependency petition, and

discharging the temporary commitment to DHS. On November 11, 2024,

Child filed a motion for reconsideration4 and an application for a stay of the

discharge of the dependency petition and commitment to DHS. On November

27, 2024, Child filed a notice of appeal, and, on December 3, 2024, Child filed

an application for stay in this Court.

On December 13, 2024, this Court entered an order remanding the case

for the trial court to address the application for stay. On December 16, 2024,

the trial court denied the motion to stay the order, finding Child did not meet

the statutory definition of a “dependent” child pursuant to 42 Pa.C.S.A. §

6302(1), because Mother was “ready, willing, and able to care for [] Child.”

Order, 12/16/24. The trial court found Child’s needs and welfare would be

best served in Mother’s care and that it would be in Child’s best interest “to

be reunited with his Mother forthwith.” Id. Thereafter, Child sought a stay in

this Court. On January 30, 2025, this Court entered the following order:

The “Application for Stay,” filed December 26, 2024, by the Child Advocate on behalf of Child to stay the Order of November 4, 2024, is GRANTED, in part, and DENIED, in part, in the best interest of the Child. The November 4, 2024 Order is STAYED except for the directive that DHS and Child Advocate continue the process of obtaining Child’s birth certificate from the Consulate in New York.

4 The court did not act on the motion for reconsideration, and it was denied

by operation of law. See Pa.R.A.P. 1701(b)(3) - Explanatory Note.

-3- J-A08007-25

Per Curiam Order, 1/24/25.

On appeal, Child raises the following issues:

1. The trial court erred as a matter of law and abused its discretion by not adjudicating Child dependent when the evidence presented by [DHS] and Child established, by clear and convincing evidence, that Child was a dependent child under the Juvenile Act, 42 Pa.C.S.[A.] § 6302.

2. The trial court erred as a matter of law and abused its discretion by not adjudicating Child dependent in a manner that effectuated the purposes of the Juvenile Act, where DHS and Child presented clear and convincing evidence for the trial court to conclude that adjudicating Child dependent best served Child’s needs and welfare under 42 Pa.C.S.[A.] § 6301(b)(1.1).

Appellant’s Brief, at 3.

The standard of review in dependency cases requires an appellate court

to accept the findings of fact and credibility determinations of the juvenile

court if they are supported by the record; but it does not require the appellate

court to accept the juvenile court’s inferences or conclusions of law. Interest

of I.R.-R., 208 A.3d 514, 519 (Pa. Super. 2019) (citing In re R.J.T., 9 A.3d

1179, 1190 (Pa. 2010)). As such, we review for an abuse of discretion. Id.

The appellate court must ensure that the record represents a comprehensive

inquiry and that the trial court has applied the appropriate legal principles to

the record. See In re L.B., 229 A.3d 971, 977 (Pa. Super. 2020).

At the adjudicatory hearing, the court heard testimony from various

individuals and representatives of agencies that were instrumental in

protecting Child and obtaining foster care placement for him. Additionally, the

-4- J-A08007-25

court heard from Child, who is doing well in placement and in school.

However, the court determined the evidence did not support a finding of

dependency where Mother was ready to care for Child:

Based on the evidence that I have received, all of the allegations are as to the uncle [from] whom he’s been removed or actually escaped. There are no allegations indicating that his mother is in any way unable to care for her son. [DHS] appropriately followed up with the Brazilian government in order to obtain the necessary reports that are reflected in [Exhibits] DHS-1 and DHS-2 [International Social Services Home Study.] [5] It appears we have a Justin S.[6] case, where the mother has presented herself as ready, willing, and able. I have no idea where the father is.

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