In re G. T

106 Citing cases

  1. In re J.S.

    No. J-A02011-20 (Pa. Super. Ct. Mar. 16, 2020)

    "The burden of proof in a dependency proceeding is on the petitioner to demonstrate by clear and convincing evidence that a child meets that statutory definition of dependency." In re G.,T., 845 A.2d 870, 872 (Pa. Super. 2004) (citation omitted). Section 6302 of the Juvenile Act defines a "dependent child" as a child who:

  2. In re E.R.

    2324 EDA 2020 (Pa. Super. Ct. Aug. 16, 2021)

    The burden of proof in a dependency proceeding is on the petitioner to demonstrate by clear and convincing evidence that a child meets that statutory definition of dependency. In re G., T., 845 A.2d 870, 872 (Pa. Super. 2004) (internal citations and quotation marks omitted). "Clear and convincing evidence" is defined as evidence "that is so clear, direct, weighty and convincing as to enable the trier of fact to come to a clear conviction, without hesitance, of the truth of the precise facts in issue."

  3. In re Interest of K.B.

    No. 1689 EDA 2019 (Pa. Super. Ct. Jan. 28, 2020)

    The question of whether a child is lacking proper parental care or control so as to be a dependent child encompasses two discrete questions: whether the child presently is without proper parental care and control, and if so, whether such care and control are immediately available.In re G., T., 845 A.2d 870, 872 (Pa. Super. 2004) (internal quotations and citations omitted). A child is also deemed dependent if he is "born to a parent whose parental rights with regard to another child have been involuntarily terminated under 23 Pa.C.S. ยง 2511 (relating to grounds for involuntary termination) within three years immediately preceding the date of birth of the child and conduct of the parent poses a risk to the health, safety or welfare of the child."

  4. In re Interest of K.C.

    No. J-S35003-19 (Pa. Super. Ct. Oct. 29, 2019)

    42 Pa.C.S.A. ยง 6302. In In re G., T., 845 A.2d 870 (Pa. Super. 2004), this Court clarified the definition of "dependent child" further: The question of whether a child is lacking proper parental care or control so as to be a dependent child encompasses two discrete questions: whether the child presently is without proper parental care and control, and if so, whether such care and control are immediately available.

  5. In re C.S., D., S., Natural Parent

    No. 316 WDA 2018 (Pa. Super. Ct. Dec. 14, 2018)

    42 Pa.C.S. ยง 6302. In In re G., T., 845 A.2d 870 (Pa. Super. 2004), this Court further clarified the definition of "dependent child": The question of whether a child is lacking proper parental care or control so as to be a dependent child encompasses two discrete questions: whether the child presently is without proper parental care and control, and if so, whether such care and control are immediately available.

  6. In re Interest of S.P.

    J-S26045-17 (Pa. Super. Ct. May. 15, 2017)

    42 Pa.C.S. ยง 6302(1). In In re G., T., 845 A.2d 870 (Pa. Super. 2004), this Court clarified the definition of "dependent child." The question of whether a child is lacking proper parental care or control so as to be a dependent child encompasses two discrete questions: whether the child presently is without proper parental care and control, and if so, whether such care and control are immediately available.

  7. In re E.R.

    2324 EDA 2020 (Pa. Cmmw. Ct. Aug. 16, 2021)

    The burden of proof in a dependency proceeding is on the petitioner to demonstrate by clear and convincing evidence that a child meets that statutory definition of dependency. In re G., T., 845 A.2d 870, 872 (Pa. Super. 2004) (internal citations and quotation marks omitted). "Clear and convincing evidence" is defined as evidence "that is so clear, direct, weighty and convincing as to enable the trier of fact to come to a clear conviction, without hesitance, of the truth of the precise facts in issue."

  8. In re J.L.

    2831 EDA 2023 (Pa. Super. Ct. Aug. 6, 2024)

    In re G., T., 845 A.2d 870, 872 (Pa. Super. 2004)) (some formatting altered and emphasis added), see also E.B., 83 A.3d a 431 (same). "Moreover, a child should not be found to be dependent merely because a sibling has been adjudicated dependent." G., T., at 845 A.2d at 872.

  9. In re A.N.S.

    1432 WDA 2023 (Pa. Super. Ct. Jul. 25, 2024)

    "The burden of proof in a dependency proceeding is on the petitioner to demonstrate by clear and convincing evidence that a child meets that statutory definition of dependency." In re G.T., 845 A.2d 870, 872 (Pa. Super. 2004) (citation omitted).

  10. In re X.F.

    1149 MDA 2022 (Pa. Super. Ct. Mar. 8, 2023)

    Finally, this Court recognizes that "a child should not be found to be dependent merely because a sibling has been adjudicated dependent." In re G.T., 845 A.2d 870, 872 (Pa. Super. 2004). However, "the Juvenile Act evidence[s] sensitivity to the safety and emotional well-being of children who, although not abused themselves, have a sibling who has been physically or sexually abused at the hand of a family member."