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DAMON B. (02/01/85)

filed: February 1, 1985.

IN RE DAMON B., A MINOR CHILD. APPEAL OF JOAN B., MOTHER OF THE MINOR


No. 01444 Pittsburgh, 1983, Appeal from the Order of the Court of Common Pleas, Allegheny County, Juvenile Division, at No. 256-78.

COUNSEL

Lorraine D. Taylor, McKeesport, for appellant.

Mark P. Cancilla, Pittsburgh, for appellee.

Spaeth, President Judge, and Brosky and Olszewski, JJ.

Author: Brosky

[ 338 Pa. Super. Page 598]

This appeal is from an order*fn1 continuing custody with the foster parents, providing for visitation with the natural

[ 338 Pa. Super. Page 599]

    mother every 90 days and directing Children and Youth Services to "take appropriate action to achieve the goals of its permanent plan for said child consistent with the above findings." Those findings concluded with the following:

(35) This child's primary need at this time is security in his placement with the Krepineviches.*fn2

(36) Though not guaranteed, termination of parental rights and adoption by the Krepineviches can best meet this need.

We affirm those portions of the order continuing custody and scheduling visitation and reverse as to the permanent plan. Given that there were no findings of fact which would, in the future, justify termination of parental rights; and given that there was a finding of fact that the natural mother is a fit mother, we can only conclude that a permanent plan leading to termination of the natural mother's rights is inappropriate and that a permanent plan leading to the ultimate return of the child to his natural mother is indicated.

Background

Damon B., the child who is the subject of the appealed from order, was born in 1977. At the age of seven months he was adjudicated dependent and returned to his mother's custody. When he was 15 months old he was removed from his home and has been in the custody of CYS and in the foster home of the Krepineviche's since shortly thereafter through the ...


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