In the Interest of B.S.

923 A.2d 517, 2007 Pa. Super. 126, 2007 Pa. Super. LEXIS 857
CourtSuperior Court of Pennsylvania
DecidedMay 4, 2007
StatusPublished
Cited by31 cases

This text of 923 A.2d 517 (In the Interest of B.S.) 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 Interest of B.S., 923 A.2d 517, 2007 Pa. Super. 126, 2007 Pa. Super. LEXIS 857 (Pa. Ct. App. 2007).

Opinion

OPINION BY

ORIE MELVIN, J.:

¶ 1 Appellant, D.D., the paternal grandmother of B.S. (child),1 appeals from an order entered May 4, 2006 determining that she did not have standing to participate in the child’s dependency proceedings. After careful consideration, we affirm.

¶ 2 Appellant represents that the child was born on April 27, 2004. As the trial court summarized:

On June 27, 2005, [the child’s natural] Mother entered a Voluntary Placement Agreement, placing child into the care and custody of Indiana County Children and Youth Services (hereinafter “IC-CYS”). An Adjudication and Disposition hearing took place on July 27, 2005. Child was placed with ICCYS and adjudicated dependent. Th[e trial] court adopted the goal of return to family. On October 19, 2005, ICCYS placed [c]hild in the care of [Appellant] as a prospective kinship foster parent, pending foster care approval in accordance with Title 55 Pa.Code, Chapter 3700. On December 14, 2005, ICCYS removed child from [Appellant’s] care and placed child into another foster care placement. On December 22, 2005, ICCYS placed child back in [k]inship [placement with [Appellant].
On February 14, 2006, a Permanency Hearing was held. During this time, it was brought to the court’s attention that [Appellant] had obtained legal counsel and expressed an interest to participate in the proceedings. [Appellant’s] counsel was permitted to observe the proceedings, but not to participate as a party.[2] As a result of the permanency hearing, the court entered an order stating that the [c]hild was to remain in the care, custody and control of ICCYS, and that placement in foster care (with [Appellant] ) should continue.
On March 16, 2006, ICCYS filed a Petition for Special Relief requesting that the court issue a nunc pro tunc order effective February 20[,] 2006 continuing the placement with [Appellant] pending foster care home approval. The court granted the special relief nunc pro tunc and a Rule to Show Cause was issued. A hearing was scheduled for April 11, 2006.
[519]*519On April 11, 2006, the parents, the IC-CYS solicitor, counsel for the parents and the guardian ad litem for the child were present. [Appellant] also appeared with her counsel, who withdrew his appearance before the proceeding commenced. The court was informed that [Appellant] had retained new counsel, although this counsel was not present.
After the court called the case, the IC-CYS solicitor made a motion to withdraw the Special Relief Petition and requested that the court vacate its order of March 17, 2006. Counsel for the Father requested an explanation for [the] agency’s action. The ICCYS solicitor stated that the [Appellant’s] home study had raised concerns and the agency no longer wished to seek her approval as a kinship foster parent. Following this explanation, all counsel present informed the court that they did not object to the agency’s withdrawal of the Petition for Special Relief and the vacating of the court’s order of March 17, 2006. Since [Appellant’s] home was not approved as a foster placement, the agency also requested a provision for the transfer of custody of the [e]hild to the agency for placement in an approved foster home. During this proceeding [Appellant] was present and did not request to be heard or participate as a party.[3]
On May 4, 2006, [Appellant’s] new counsel filed a Motion to Reconsider the April 11, 2006 Order.[4] The Motion for Reconsideration and [Appellant’s] request for standing were denied on May 4, 2006.

Trial Court Opinion, 10/10/06, at 1-4. Specifically, the May 4, 2006 order provided:

AND NOW, this 4th day of May 2006, it is hereby ORDERED, ADJUDGED, and DECREED that:
1. [Appellant] does not have standing in the above captioned matter pursuant to 42 Pa.C.S.A. § 6338(a)[5] and In re L.J., 456 Pa.Super. 685, 691 A.2d 520 [ (Pa.Super.1999) ].
2. The Motion for Reconsideration is denied.

Order, 5/4/06. This appeal followed.6

¶ 3 Appellant presents three questions for our review:

1. Whether the Trial Court erred in failing to recognize [Appellant] as a party and grant her standing to participate in dependency proceedings regarding her minor grandson, [B.S.] when [Appellant’s] care, custody and control of [the child] were all issues before the trial [520]*520court because [Appellant] was acting as [the child’s] kinship care provider.
2. Whether the Trial Court erred in failing to grant [Appellant] a hearing on her Motion for Reconsideration of the Trial Court’s order removing [the child] from [Appellant’s] care when she [has] a right to be heard pursuant to 42 Pa. C.S.A. § 6336.1.
3. Whether the Trial Court erred when it denied [Appellant] standing in dependency proceedings and access to the juvenile docket when [Appellant] has initiated custody proceedings in which she has automatic standing and the trial court must make a best interest of [the] child determination in both the custody proceedings and in the disposition of the dependency proceedings involving [the child].

Appellant’s brief at 4. We note that the child’s natural father has filed a letter adopting Appellant’s brief and that the guardian ad litem has adopted the Appel-lee’s brief by reference pursuant to Pa. R.A.P. 2137, 42 Pa.C.S.A. We also note that Appellee had earlier filed a motion to quash the present appeal, which motion was denied by this Court per curiam by order dated November 30, 2006 without prejudice to Appellee’s ability to raise the issue before the merits panel. Appellee challenges appellate jurisdiction in its brief but has not filed another motion to quash.

¶ 4 We first address our appellate jurisdiction. Both parties in their statement of jurisdiction contend this Court has jurisdiction to review the order denying standing under the collateral order doctrine.7 Without addressing the applicability of the collateral order doctrine, we will assume appellate jurisdiction here as we did in In re L.C., II, 900 A.2d 378 (Pa.Super.2006), to review the denial of standing to a paternal grandmother in a dependency proceeding. See also In re D.K, 2007 PA Super 99, 922 A.2d 929 (exercising jurisdiction to review similar order denying standing in a dependency proceeding).

¶ 5 Appellant also argues that this appeal, allegedly taken from the May 4, 2006 order, is untimely and represents an attempt to manufacture appellate jurisdiction because any denial of standing to Appellant occurred months earlier at the February 14, 2006 hearing when her counsel was permitted to observe but not to participate. We, however, have not been provided with a transcript of the February 14, 2006 hearing and are thus left to observe that the May 4, 2006 order itself suggests that it is

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Int of: J.S., Appeal of: T.S.
Superior Court of Pennsylvania, 2025
In the Int. of: K.S.-P., a Minor
Superior Court of Pennsylvania, 2025
In the Int. of: S.D., Appeal of: DHS
2025 Pa. Super. 79 (Superior Court of Pennsylvania, 2025)
In the Int. of: K.B., Appeal of: DHS
2025 Pa. Super. 21 (Superior Court of Pennsylvania, 2025)
In the Int. of: E.W., Appeal of: E.H.
Superior Court of Pennsylvania, 2024
In the Interest of: J.H., Appeal of: L.C.S.
Superior Court of Pennsylvania, 2024
In the Int. of: L.R., Appeal of: A.M.
Superior Court of Pennsylvania, 2023
In Re: C.N., Appeal of: C.N. and B.N.
Superior Court of Pennsylvania, 2022
In the Int. of: B.F., Appeal of: A.R.
Superior Court of Pennsylvania, 2020
M.W. v. S.T. and V.T.
Superior Court of Pennsylvania, 2018
M.W. v. S.T.
196 A.3d 1065 (Superior Court of Pennsylvania, 2018)
In the Interest of: E.M., a Minor
Superior Court of Pennsylvania, 2017
Roscioli, K. v. Roscioli, J.
Superior Court of Pennsylvania, 2017
C.M. v. A. & M.B.
Superior Court of Pennsylvania, 2016
In the Interest of: L.F. Appeal of: V.F.
Superior Court of Pennsylvania, 2016
In the Int. of: D.M., a Minor Appeal of: N.S.
Superior Court of Pennsylvania, 2015
In the Int. of: B.C.T.-S., a Minor
Superior Court of Pennsylvania, 2015
In the Interest of: M.J.A.S., a Minor
Superior Court of Pennsylvania, 2015
In the Interest of: S.K.
Superior Court of Pennsylvania, 2015
In the Interest of: M.B. Appeal of: N.C.
101 A.3d 124 (Superior Court of Pennsylvania, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
923 A.2d 517, 2007 Pa. Super. 126, 2007 Pa. Super. LEXIS 857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-bs-pasuperct-2007.