dissenting:
This is a difficult and complex case. The decision of the majority has placed commendable emphasis upon the need to achieve promptly that stability which is promised by allowing the child to remain with the Becks in Venango County. I share the majority’s concern for the best interests of the child and am almost persuaded to concur in the majority’s decision.
However, the majority has overlooked the fact that the Court of Common Pleas of Venango County lacked jurisdiction to award custody or decree adoption of this child. David Lynn Sturgeon is a ward of the Court of Common Pleas of Clearfield County. It was the Court in Clearfield County which received and determined the natural parents’ petition to relinquish the child; and it was the Clearfield County Court which, by court order, placed custody of the child in the Clearfield County Children and Youth Services. This agency stood in loco parentis to the child and was responsible for his welfare. The child’s legal residence, therefore, followed the agency and has always been in Clearfield County. His legal residence was not changed to Venango County merely because the Clearfield agency placed him temporarily in the care of persons who resided in *112Venango County. Under these circumstances the Venango County Court could not properly overrule the Clearfield County court order, remove custody from the Children and Youth Services in Clearfield County and, without its consent, award custody for purposes of adoption to temporary, foster parents in Venango County. See Johnson Adoption Case, 399 Pa. 624, 161 A.2d 358 (1960). See also Commonwealth Child Custody Act of April 28, 1978, P.L. 108, No. 47, 11 P.S. § 2401 et seq.1
Accordingly, I would reverse the order of the Court of Common Pleas of Venango County and return custody of David Lynn Sturgeon to the Clearfield County Children and Youth Services. I am confident that the Court of Common Pleas of Clearfield County will, in its determination, be as equally concerned for the best interests of David Lynn Sturgeon as this Court and the Court of Common Pleas of Venango County.
. Now repealed and re-enacted as part of the Uniform Child Custody Jurisdiction Act of October 5, 1980, P.L. 693, No. 142, § 201(a), 42 Pa.C.S. §§ 5341-5366.