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In re Father

SUPERIOR COURT OF PENNSYLVANIA
Sep 22, 2016
No. 3624 EDA 2015 (Pa. Super. Ct. Sep. 22, 2016)

Opinion

J-S59015-16 No. 3624 EDA 2015

09-22-2016

IN THE INTEREST OF: D.C., A MINOR APPEAL OF: D.C., FATHER


NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Order Entered November 5, 2015
In the Court of Common Pleas of Philadelphia County
Juvenile Division at No(s): CP-51-DP-0001815-2015 FID: 51-FN-1533-2015 BEFORE: BENDER, P.J.E., OLSON, J., and FITZGERALD, J. MEMORANDUM BY BENDER, P.J.E.:

Former Justice specially assigned to the Superior Court.

D.C. (Father) appeals from the November 5, 2015 order that adjudicated D.C. (Child) dependent, that ordered Child removed from C.H.'s (Mother) home with legal custody transferred to the Philadelphia Department of Human Services (DHS), that directed Child was to be placed in kinship care, and that found child abuse was established. After careful review, we affirm.

Child was born in October of 2014.

We note that the trial court references the Child Protective Services Law, 23 Pa.C.S. § 6303, and identifies a definition of "child abuse." See Trial Court Opinion, 3/24/16, at 12. That section was amended and became effective as of December 31, 2014, and applies to the present case. Although the court's citation references the pre-amendment definition, the court's findings and analysis comport with the post-amended language and Father's actions here fall within the revised definition. See 23 Pa.C.S. § 6303(.1)(8)(i).

Father filed a timely appeal and a statement of matters complained of on appeal. In his brief, Father states his questions as follows:

1) Whether the evidence was sufficient in making a finding of child abuse[?]

2) Whether the evidence was sufficient in adjudicating Child dependent[?]

3) Whether the evidence was sufficient to sustain placement into agency custody[?]
Father's brief at 5.

Our scope and standard of review in dependency cases is as follows:

We must accept the facts as found by the trial court unless they are not supported by the record. Although bound by the facts, we are not bound by the trial court's inferences, deductions, and conclusions therefrom; we must exercise our independent judgment in reviewing the court's determination, as opposed to its findings of fact, and must order whatever right and justice dictate. We review for abuse of discretion. Our scope of review, accordingly, is of the broadest possible nature. It is this Court's responsibility to ensure that the record represents a comprehensive inquiry and that the hearing judge has applied the appropriate legal principles to that record. Nevertheless, we accord great weight to the court's fact-finding function because the court is in the best position to observe and rule on the credibility of the parties and witnesses.
In the Interest of A.N., 39 A.3d 326, 330 (Pa. Super. 2012) (quoting In re C.M.T., 861 A.2d 348, 351 (Pa. Super. 2004) (citations omitted)).

We have reviewed the certified record, the briefs of the parties, the applicable law, and the thorough, well-written 13-page opinion authored by the Honorable Vincent L. Johnson of the Court of Common Pleas of Philadelphia County, dated March 24, 2016. We conclude that Judge Johnson's extensive opinion accurately disposes of the issues presented by Father on appeal and we discern no abuse of discretion or error of law. Accordingly, we adopt Judge Johnson's opinion as our own and affirm the November 5, 2015 order on that basis.

Order affirmed.

Fitzgerald, J., joins this decision.

Olson, J., concurs in the result. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 9/22/2016

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Summaries of

In re Father

SUPERIOR COURT OF PENNSYLVANIA
Sep 22, 2016
No. 3624 EDA 2015 (Pa. Super. Ct. Sep. 22, 2016)
Case details for

In re Father

Case Details

Full title:IN THE INTEREST OF: D.C., A MINOR APPEAL OF: D.C., FATHER

Court:SUPERIOR COURT OF PENNSYLVANIA

Date published: Sep 22, 2016

Citations

No. 3624 EDA 2015 (Pa. Super. Ct. Sep. 22, 2016)