In the Interest of: Y.W.-B., Petition of: J.B.

Supreme Court of Pennsylvania

In the Interest of: Y.W.-B., Petition of: J.B.

DecidedJanuary 5, 2021

Docket436 EAL 2020 (Granted)

StatusPublished

This text of In the Interest of: Y.W.-B., Petition of: J.B. (In the Interest of: Y.W.-B., Petition of: J.B.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In the Interest of: Y.W.-B., Petition of: J.B., (Pa. 2021).

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Opinion

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

IN THE INTEREST OF: Y.W.-B., A MINOR : No. 436 EAL 2020 : : PETITION OF: J.B., MOTHER : Petition for Allowance of Appeal : from the Order of the Superior Court

IN THE INTEREST OF: N.W.-B., A MINOR : No. 437 EAL 2020 : : PETITION OF: J.B., MOTHER : Petition for Allowance of Appeal : from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 5th day of January, 2021, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by petitioner, are:

(1) Did the Superior Court err in creating a rule of law that violates Article 1, Section 8 of the Pennsylvania Constitution, when it ruled that where a Pennsylvania Child Protective Services agency receives a report that alleges that a child is in need of services, and that there is a fair probability that there is evidence that would substantiate that allegation in a private home, where the record does not display a link between the allegations in the report and anything in that private home, then that government agency shall have sweeping authority to enter and search a private home?

(2) Did the Superior Court err in creating a rule of law that violates the Fourth Amendment of the United States Constitution, when it ruled that where a Pennsylvania Child Protective Services agency receives a report that alleges that a child is in need of services, and that there is a fair probability that there is evidence that would substantiate that allegation in a private home, where the record does not display a link between the allegations in the report and anything in that private home, and there was no showing of particularity, then that government agency shall have sweeping authority to enter and search a private home?

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IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

IN THE INTEREST OF: Y.W.-B., A MINOR : No. 436 EAL 2020 : : PETITION OF: J.B., MOTHER : Petition for Allowance of Appeal : from the Order of the Superior Court

IN THE INTEREST OF: N.W.-B., A MINOR : No. 437 EAL 2020 : : PETITION OF: J.B., MOTHER : Petition for Allowance of Appeal : from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 5th day of January, 2021, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by petitioner, are:

(1) Did the Superior Court err in creating a rule of law that violates Article 1, Section 8 of the Pennsylvania Constitution, when it ruled that where a Pennsylvania Child Protective Services agency receives a report that alleges that a child is in need of services, and that there is a fair probability that there is evidence that would substantiate that allegation in a private home, where the record does not display a link between the allegations in the report and anything in that private home, then that government agency shall have sweeping authority to enter and search a private home?

(2) Did the Superior Court err in creating a rule of law that violates the Fourth Amendment of the United States Constitution, when it ruled that where a Pennsylvania Child Protective Services agency receives a report that alleges that a child is in need of services, and that there is a fair probability that there is evidence that would substantiate that allegation in a private home, where the record does not display a link between the allegations in the report and anything in that private home, and there was no showing of particularity, then that government agency shall have sweeping authority to enter and search a private home?

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In the Interest of: Y.W.-B., Petition of: J.B., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-yw-b-petition-of-jb-pa-2021.