May 9, 1979
IN THE INTEREST OF: STEPHANIE ZIMMERMAN, A MINOR APPEAL OF CHILDREN'S SERVICES OF YORK COUNTY
No. 380 March Term, 1977, Appeal from the Order of the Court of Common Pleas of York County, Pennsylvania, Juvenile Action, entered May 13, 1977, at No. 44 of 1977.
Before Spaeth, Hester and Montgomery, JJ.
MEMORANDUM IN SUPPORT OF PER CURIAM ORDER:
The lower court denied a petition for deprivation brought by the Children's Services of York County.
Appellant (Children's Services) claims that the court erred when it found that an isolated incident of abuse did not rise to the level of "deprivation" as to deny parents the custody of their child.
To deny parents custody of their child, the Juvenile Act imposes a heavy burden. The court held that to make a finding of deprivation, more than just an isolated example of abuse was necessary, given the other favorable attributes the parents have shown. Since the hearing court is imbued with great discretion in these cases, we are very reluctant to substitute our decision for theirs. Appellant has shown us no abuse of discretion by the lower court. Thus we affirm the lower court.
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