J-A06029-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN THE INTEREST OF: J.L., A MINOR IN THE SUPERIOR COURT OF
PENNSYLVANIA
APPEAL OF: BERKS COUNTY CHILDREN
AND YOUTH SERVICES
No. 1660 MDA 2015
Appeal from the Order Entered August 28, 2015
In the Court of Common Pleas of Berks County
Juvenile Division at No(s): CP-06-DP-0000141-2014
*****
IN THE INTEREST OF: J.L., A MINOR IN THE SUPERIOR COURT OF
PENNSYLVANIA
APPEAL OF: BERKS COUNTY CHILDREN
AND YOUTH SERVICES
No. 1661 MDA 2015
Appeal from the Order Entered August 28, 2015
In the Court of Common Pleas of Berks County
Juvenile Division at No(s): CP-06-DP-0000142-2014
*****
IN THE INTEREST OF: S.H., A MINOR IN THE SUPERIOR COURT OF
PENNSYLVANIA
APPEAL OF: BERKS COUNTY CHILDREN
AND YOUTH SERVICES
No. 1662 MDA 2015
Appeal from the Order Entered August 28, 2015
In the Court of Common Pleas of Berks County
Juvenile Division at No(s): CP-06-DP-0000143-2014
J-A06029-16
*****
IN THE INTEREST OF: J.B., A MINOR IN THE SUPERIOR COURT OF
PENNSYLVANIA
APPEAL OF: BERKS COUNTY CHILDREN
AND YOUTH SERVICES
No. 1663 MDA 2015
Appeal from the Order Entered August 28, 2015
In the Court of Common Pleas of Berks County
Juvenile Division at No(s): CP-06-DP-0000144-2014
BEFORE: LAZARUS, J., STABILE, J., and DUBOW, J.
JUDGMENT ORDER BY LAZARUS, J.: FILED FEBRUARY 09, 2016
Berks County Children and Youth Services (the Agency) appeals from
the order requiring it to pay a portion of the expenses incurred each month
by H.C. (Grandmother) to care for J.L., S.H. and J.B. (Grandchildren). Upon
review, we grant the Agency’s motion to dismiss the appeal.
The Agency filed a petition for dependency of Grandchildren on April
16, 2014. On July 10, 2014, Grandchildren were adjudicated dependent and
the Agency transferred temporary legal and physical custody to
Grandmother. At a status conference on August 28, 2015, the court ordered
the Agency to “pay the shortfall every month” regarding Grandmother’s
expenses in caring for the Grandchildren. Trial Court Order, 8/28/15. The
Agency filed a timely appeal of the order, asserting, among other things,
that the trial court abused its discretion by requiring the Agency to pay the
shortfall without any limitations or restrictions on Grandmother’s spending.
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J-A06029-16
On January 27, 2016, the Agency filed a motion to dismiss the appeal
because supervision of the Grandchildren was terminated based upon a
stipulation of the parties and pursuant to Pennsylvania Rule of Juvenile Court
Procedure 1631.1 Thus, the Agency argues that the appeal is moot since the
Agency is no longer a party to any proceedings involving the Grandchildren.
We note that
[a]s a general rule, an actual case or controversy must exist at
all stages of the judicial process, or a case will be dismissed as
moot. An issue can become moot during the pendency of an
appeal due to an intervening change in the facts of the case or
due to an intervening change in the applicable law.
In re D.A., 801 A.2d 614, 616 (Pa. Super. 2002). An order closing a
dependency case during the pendency of an appeal implicates the mootness
doctrine. Id.
Instantly, the Agency’s supervision was terminated because the
Grandchildren now live in Lehigh County and will receive services from that
county’s Children and Youth Services, which satisfies the requirements of
Pa.R.J.C.P. 1631. Thus, we find that “no party to the controversy will suffer
some detriment due to the decision of the trial court.” D.A., supra at 616.
Appeal dismissed.
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1
The rule provides “for the termination of supervision when court-ordered
services from the county agency are no longer needed” and other
requirements are met. Pa.R.J.C.P. 1631(A). Here, supervision was
terminated because jurisdiction of the case has been accepted by Lehigh
County and the Grandchildren will be receiving services through Lehigh
County Children and Youth Services. See Pa.R.J.C.P. 1631(A)(12).
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J-A06029-16
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 2/9/2016
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