Opinion
J-S07030-19 No. 1523 MDA 2018
05-30-2019
IN THE INTEREST OF: M.D. AND Z.F., MINORS APPEAL OF: B.F. AND A.D.
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Dispositional Order Entered August 27, 2018
In the Court of Common Pleas of Schuylkill County Juvenile Division at No(s): CP-54-DP-0000200-2018, CP-54-DP-0000323-2015 BEFORE: OLSON, J., McLAUGHLIN, J., and PELLEGRINI, J. DISSENTING MEMORANDUM BY PELLEGRINI, J.:
Retired Senior Judge assigned to the Superior Court. --------
While I agree with the majority that the record is unclear as to whether B.F. (Father) and A.D. (Mother) waived their statutory right to counsel, I would dismiss the appeal as moot.
The order that is the subject of this appeal entered on August 27, 2018, found both minor children to be dependent with service ordered in the home. However, this order has been supplanted by a new more restrictive order dated September 24, 2018, which, after a hearing, granted custody to Schuykill County Children and Youth Services, as well as ordering both minor children's removal from the home.
Because the September 24, 2018 order was based on new findings of dependency and superseded the August 27, 2018 order which is the subject of this appeal, I would dismiss this appeal as moot.
Accordingly, I respectfully dissent.