David Berger, Philadelphia, for appellant.
Herbert Mayers, Philadelphia, for appellee.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.
[ 169 Pa. Super. Page 241]
This is an appeal from an order of the juvenile court (Juvenile Division of the Municipal Court of Philadelphia) made under circumstances hereinafter stated.
[ 169 Pa. Super. Page 242]
The appellee and one Peter Salemno, her former husband, had two children, -- Donna, aged 7, and Nancy, aged 6. The parents did not live together after February, 1946, and were divorced. In December, 1946, the juvenile court committed Donna, the elder child, to the custody of her mother. Mrs. Salemno remarried in 1948 and that child now lives with her mother and step-father.
Nancy, the child involved in the present case, was committed by the juvenile court to the custody of the Catholic Children's Bureau. Later the order was changed to permit the Bureau to place the child in a 'free home.'
It will thus be seen that the jurisdiction of the juvenile court had attached and the powers of the court been exercised. It follows that matters concerning the welfare of said dependent child are for that court. Rarely, if ever, would the jurisdiction be transferred to the court of common pleas under a habeas corpus proceeding.
In October, 1947, the father of the child had executed a formal document giving consent to her adoption by a person found suitable to the Catholic Children's Bureau; and no November 3, 1947, the mother executed a similar document. On November 22, only 19 days thereafter, the mother requested the Catholic Children's Bureau to return the child to her. In November, 1947, the child was placed by the Bureau with the Ciammaichellas for adoption. Nancy was then two years of age and at the present hearing she was about five years old.
On December 4, 1948, the mother petitioned the juvenile court to return this child to her. This is a matter of right under the ...