In re DA

• Decision Date: 14 June 2002
• Citation: 801 A.2d 614
• Parties: In re: D.A., A Minor, Appellee. Appeal of: J.A., Natural Mother, Appellant.
• Court: Pennsylvania Superior Court

801 A.2d 614

In re: D.A., A Minor, Appellee.

Appeal of: J.A., Natural Mother, Appellant.

Superior Court of Pennsylvania.

Argued February 19, 2002.

Filed June 14, 2002.

Sharon M. Biasca, Pittsburgh, for appellant.

Sarah L. Hart, Pittsburgh, for Children and Youth Services of Allegheny County, appellee.

Before: DEL SOLE, P.J., JOHNSON, HUDOCK, FORD ELLIOTT, ORIE MELVIN, LALLY-GREEN, TODD, BENDER and BOWES, JJ.

BOWES, J.:

¶ 1 This appeal by J.A. ("Mother"), is from the July 21, 2000 order adjudicating her infant daughter, D.A., a dependent child. For the reasons that follow, we reverse the order of dependency.

¶ 2 D.A. was born on May 14, 2000. Shortly after the child's birth, a social worker at Allegheny General Hospital contacted Allegheny County Children, Youth, and Families ("CYF") with concerns regarding Mother's ability to care for D.A. Pursuant to an emergency placement hearing on May 24, 2000, the court transferred temporary legal and physical custody of D.A. to CYF, which placed the child into foster care. On June 23, 2000, CYF filed a petition for dependency, and the court held a hearing on that day, after which the matter was continued. The trial court ordered D.A. to be returned to Mother's custody after Mother secured adequate housing. The court held a second emergency placement hearing a week later, on June 30, 2000. The court continued the matter again and ordered D.A. to be returned to Mother's physical custody immediately. On July 21, 2000, following a hearing, the court adjudicated D.A. a dependent child but maintained her in Mother's physical custody. This timely appeal followed.

¶ 3 Initially, we must address CYF's motion to dismiss the appeal as moot. In its motion, CYF contends that since the common pleas court issued an order on February 4, 2002, closing D.A.'s dependency case, Mother resumed legal custody of D.A., and D.A.'s status as a dependent child was dissolved, this appeal has been rendered moot. Motion to Dismiss Appeal as Moot, 2/14/02, at 3.

¶ 4 Our Supreme Court explained the circumstances which invoke the doctrine of mootness as follows:

The cases presenting mootness problems involve litigants who clearly had standing to sue at the outset of the litigation. The problems arise from events occurring after the lawsuit has gotten underway-changes in the facts or in the law-which allegedly deprive the litigant of the necessary stake in the outcome. The mootness doctrine requires that "an actual controversy must be extant at all stages of review, not merely at the time the complaint is filed."

In re Gross, 476 Pa. 203, 209, 382 A.2d 116, 119 (1978) (quoting G. Gunther, Constitutional Law 1578 (9th ed.1975)).

¶ 5 As 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. In re Duran, 769 A.2d 497 (Pa.Super.2001). "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 Cain, 527 Pa. 260, 263, 590 A.2d 291, 292 (1991). In that case, an opinion of this Court is rendered advisory in nature. Jefferson Bank v. Newton Associates, 454 Pa.Super. 654, 686 A.2d 834 (1996). "An issue before a court is moot if in ruling upon the issue the court cannot enter an order that has any legal force or effect." Johnson v. Martofel, 797 A.2d 943, 946; In re T.J., 699 A.2d 1311 (Pa.Super.1997). The instant appeal presents a situation involving an intervening change in the factual posture of the case, which is described by CYF as follows:

Subsequent to the listing of the case for reargument [before this Court] on February 19, 2002, the Allegheny [County] Court of Common Pleas issued an order closing D.A.'s dependency case. The issuance of such a `closing order' dissolves D.A.'s status as a dependent child, restoring the Appellant's legal custody of her....

Motion to Dismiss Appeal as Moot, 2/14/02, at 3. Therefore, the mootness doctrine is implicated herein.

¶ 6 Nevertheless, this Court will decide questions that otherwise have been rendered moot when one or more of the following exceptions to the mootness doctrine apply: 1) the case involves a question of great public importance, 2) the question presented is capable of repetition and apt to elude appellate review, or 3) a party to the controversy will suffer some detriment due to the decision of the trial court. Erie Insurance Exchange v. Claypoole, 449 Pa.Super. 142, 673 A.2d 348 (1996); Commonwealth v. Smith, 336 Pa.Super. 636, 486 A.2d 445 (1984). ¶ 7 We conclude that the third exception applies herein. Specifically, Mother will suffer a detriment due to the trial court's initial decision declaring D.A. a dependant child. The finding of dependency regarding D.A. could detrimentally affect any future proceedings in which CYF would be involved with this family, either with D.A. directly or with any other child in the family. In determining whether a child is dependent, "the court must ascertain ... what sort of parental care the child received in the past...." In the Interest of Ryan C., 294 Pa.Super. 417, 440 A.2d 535, 536 (1982). (emphasis added). Any future allegations regarding Mother's care of D.A. necessarily will encompass consideration of the dependency finding rendered herein.

¶ 8 Thus, despite the general prohibition of appellate review of a moot question, we apply the applicable exception herein and address the merits. See Commonwealth v. Sal-Mar Amusements, Inc., 428 Pa.Super. 321, 630 A.2d 1269 (1993) (since it is clear that one of the parties would continue to suffer some detriment from lower court's decision, Superior Court denied motion to quash based on mootness and addressed merits); Janet D. v. Carros, 240 Pa.Super. 291, 362 A.2d 1060 (1976) (if one of parties to controversy will continue to suffer some detriment from lower court's decision, appeal will be heard); Commonwealth ex rel. Finken v. Roop, 234 Pa.Super. 155, 339 A.2d 764, 767-68 n. 4 (1975) ("mootness doctrine would not apply... [because] the collateral consequences and stigma of being adjudged mentally ill remain to plague appellant throughout his life"); cf. Sibron v. New York, 392 U.S. 40, 88 S.Ct. 1889, 20 L.Ed.2d 917 (1968) (criminal case moot only if shown that there is no possibility that any collateral legal consequences will be imposed).

¶ 9 We now address the propriety of the dependency adjudication. In the instant case, CYF alleged in its dependency petition that D.A. was a dependent child as defined in 42 Pa.C.S. § 6302(1). That section defines a dependent child as one who:

is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental or emotional health, or morals. A determination that there is a lack of proper parental care or control may be based upon evidence of conduct by the parent, guardian or other custodian that places the health, safety or welfare of the child at risk, including evidence of the parent's, guardian's or other custodian's use of alcohol or a controlled substance that places the health, safety or welfare of the child at risk[.]

Regarding an allegation of dependency, our Supreme Court stated in In re M.L., 562 Pa. 646, 649, 757 A.2d 849, 850-851 (2000):

[A] court is empowered by 42 Pa.C.S. § 6341(a) and (c) to make a finding that a child is dependent if the child meets the statutory definition by clear and convincing evidence. If the court finds that the child is dependent, then the court may make an appropriate disposition of the child to protect the child's physical, mental and moral welfare, including allowing the child to remain with the parents subject to supervision, transferring temporary legal custody to a relative or a private or public agency, or transferring custody to the juvenile court of another state. 42 Pa.C.S. § 6351(a).

¶ 10 When we review the dependency determination of a trial court, we apply the following scope and standard of review:

The standard of review which this Court employs in cases of dependency is broad.

However, the scope of review is limited in a fundamental manner by our inability to nullify the fact-finding of the lower court. We accord great weight to this function of the hearing judge because he is in the position to observe and rule upon the credibility of the witnesses and the parties who appear before him. Relying upon his unique posture, we will not overrule his findings if they are supported by competent evidence.

In re B.B., 745 A.2d 620, 622 (Pa.Super.1999) (citations omitted). "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." In re C.J., 729 A.2d 89, 92 (Pa.Super.1999) (citing In re Donna W., 325 Pa.Super. 39, 472 A.2d 635 (1984) (en banc)).

¶ 11 Mother raises the following issues for our review:

A. Did the trial court err in adjudicating child dependent based on 1) Mother's adolescent involvement in sexual abuse; 2) Mother's past mental health issues; and 3) Mother's indefinite attention span?

B. Did the trial court err in admitting testimony by petitioner/appellee as to allegations not set forth within the dependency petition?

C. Did the trial court err in granting petitioner/appellee two continuances without good cause shown?

D. Did the trial court err in admitting hearsay testimony by a hospital social worker under the business records hearsay exception?

Mother's brief at 4. Our review of the record regarding the first issue compels us to reverse the finding of dependency; therefore, we need not address the other three issues.

¶ 12 The first issue concerns Mother's claim that the court erred in finding D.A. dependent based on Mother's adolescent...