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EUGENE HAYNES AND GENA HAYNES. APPEAL POTTER COUNTY CHILDREN AND YOUTH SERVICES. EUGENE HAYNES AND GENA HAYNES (11/04/83)

filed: November 4, 1983.

IN RE THE INTEREST OF EUGENE HAYNES AND GENA HAYNES. APPEAL OF POTTER COUNTY CHILDREN AND YOUTH SERVICES. IN RE IN THE INTEREST OF EUGENE HAYNES AND GENA HAYNES, APPELLANTS


No. 1275 Pittsburgh 1981, No. 1276 Pittsburgh 1981, APPEAL FROM THE ORDER OF DECEMBER 7, 1981 IN THE COURT OF COMMON PLEAS OF POTTER COUNTY, NO. 14 of 1981, Juvenile Division

COUNSEL

John B. Leete, Coudersport, for appellant (at No. 1275) and for participating party (at No. 1276).

Perry S. Patterson, Coudersport, submitted a brief on behalf of appellants (at No. 1276) and for appellees (at No. 1275).

Basil John Freeman, Port Allegany, no appearance nor briefs submitted on behalf of participating parties.

George Stenhach, Coudersport, no appearance nor briefs submitted on behalf of Babcock, participating party.

Cavanaugh, Rowley and Cirillo, JJ.

Author: Cirillo

[ 326 Pa. Super. Page 313]

The unfortunate situation presented in this case is the result of a petition filed ten years ago on July 19, 1973, in the Juvenile Court docket of the Court of Common Pleas of Potter County. The petition alleged that Gena Mae Haynes and Eugene Paul Haynes were "deprived children." That same day, a court order awarded temporary custody of these two children to the Child Welfare Services of Potter County pending further hearing or judicial disposition. Nothing further occurred in this matter until eight years later, on April 9, 1981, when a petition for court-ordered voluntary placement of said children was filed. On April 21, 1981, pursuant to an informal hearing, a motion to withdraw this petition was granted. On April 30, 1981, a petition seeking an adjudication of dependency of said children was filed. On May 11, 1981, the natural mother, Mazie M. Halliday, filed a petition for a writ of habeas corpus to compel the Potter County Children and Youth Service to return her two minor children to her. On May 22, 1981, a petition to intervene was filed by the childrens' foster parents, the Meslers. Both children had been placed with the Meslers by the Children and Youth Services of Potter County. Subsequently, pursuant to the request of Potter County Children and Youth Services, the habeas corpus action and the juvenile court dependency action were consolidated. After various continuances, both matters were heard in a bifurcated hearing. Then, by order dated June 9, 1981, President Judge Harold B. Fink, ordered that the two children remain in the foster home for three to six months with increased visitation; the ultimate custody of the children to go to the natural mother at the end of this transitional period. Subsequently, a petition for re-hearing was filed with a request for reconsideration by the court. After a hearing, on December 7, 1981, the court entered an order denying reconsideration of the initial order. From this order, the Children and Youth Services of Potter County appealed. We affirm.

[ 326 Pa. Super. Page 314]

A petition to adjudicate dependency is under the purview of the Juvenile Act, 42 Pa.C.S.A. § 6301, et seq.*fn1 The underlying purpose of the Juvenile Act is as follows:

§ 6301. Short title and purposes of Chapter.

(a) Short title. -- This chapter shall be known and may be cited as the "Juvenile Act."

(b) Purposes. -- This chapter shall be interpreted and construed as to effectuate ...


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