From Casetext: Smarter Legal Research

In re A.C.

SUPERIOR COURT OF PENNSYLVANIA
May 11, 2015
J-A07014-15 (Pa. Super. Ct. May. 11, 2015)

Opinion

J-A07014-15 No. 1420 WDA 2014

05-11-2015

IN RE: A.C., A MINOR APPEAL OF: SOMERSET COUNTY CHILDREN & YOUTH SERVICES


NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Order July 21, 2014
In the Court of Common Pleas of Somerset County
Orphans' Court at No(s): 14 Adoption 2013
BEFORE: BENDER, P.J.E., LAZARUS, J., and MUNDY, J. CONCURRING STATEMENT BY LAZARUS, J.:

I join the Majority. However, I write separately to distance myself from the Majority's conclusion that the orphans' court abused its discretion by denying CYS's petitions to terminate the parental rights of Mother and Father.

When the trial court entered its order on July 24, 2014, it did so in reliance on this Court's decision in In re D.C.D ., 91 A.3d 173, 179 (Pa. Super. 2014), which our Supreme Court reversed on December 15, 2014. In re D.C.D ., 105 A.3d 662 (Pa. 2014). The trial court decided this matter according to then-existing law, and therefore, I do not believe that it abused its discretion. Rather, we remand because "a new rule of law is applied retroactively so that a party whose case is pending on direct appeal is entitled to the benefit of changes in the law." Walnut Street Associates v. Brokerage Concepts , Inc ., 20 A.3d 468, 479 (Pa. 2011) (citation omitted).


Summaries of

In re A.C.

SUPERIOR COURT OF PENNSYLVANIA
May 11, 2015
J-A07014-15 (Pa. Super. Ct. May. 11, 2015)
Case details for

In re A.C.

Case Details

Full title:IN RE: A.C., A MINOR APPEAL OF: SOMERSET COUNTY CHILDREN & YOUTH SERVICES

Court:SUPERIOR COURT OF PENNSYLVANIA

Date published: May 11, 2015

Citations

J-A07014-15 (Pa. Super. Ct. May. 11, 2015)