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J.S.M. (06/23/86)

submitted: June 23, 1986.

IN THE INTEREST OF J.S.M., A MINOR. APPEAL OF YORK COUNTY CHILDREN AND YOUTH SERVICES


Appeal from the Order entered December 5, 1985 in the Court of Common Pleas of York County, Juvenile Division, No. 164 J.A. 1985.

COUNSEL

Sheryl A. Dorney, York, for appellant.

Dorothy Livaditis, York, for appellee.

Olszewski, Cercone and Hester, JJ.

Author: Cercone

[ 356 Pa. Super. Page 361]

On September 5, 1985, appellant York County Children and Youth Services filed a Petition for Emergency Placement of the above-named minor in the Court of Common Pleas of York County. The court ordered that the minor remain at the Children's Home of York until appellant could determine the availability of relatives or until a dependency petition would be filed.

On September 12, 1985, the appellant filed an Alleged Dependent Child Petition in the York County court. A hearing was scheduled for October 3, 1985 but it was continued for the purpose of exploring the issue of whether Lancaster County should assume jurisdiction over this case.*fn1 Apparently no agreement was reached between officials in the two counties.

On November 7, 1985, appellant filed a Petition to Transfer Custody and Jurisdiction from York County to Lancaster County. A hearing was conducted at which time testimony was taken regarding the child's situation and her family's ability to provide care and supervision for her.

[ 356 Pa. Super. Page 362]

The York County court issued an order directing the minor's custody be vested in Lancaster County Children and Youth Services and that jurisdiction be transferred to the Juvenile Court of Lancaster County. An attorney for York County Children and Youth Services forwarded a letter to Judge Buckwalter, of Lancaster County court of common pleas, requesting that he direct Lancaster County Children and Youth Services to honor the November 12 court order.

On December 5, 1985, Judge Buckwalter filed a memorandum opinion and order declining to accept transfer of the case from York County, finding the minor's most recent residence to be in York County and, therefore, holding that proper venue and jurisdiction of the matter rested in York County. It is from this order from which this appeal lies.

The instant case deals with a dependency proceeding initiated pursuant to the Juvenile Act, Act of July 9, 1976, P.L. 586, No. 142, 42 Pa.C.S.A. ยงยง 6301-6365. To effectuate the purposes of the Act, there are certain instances in which the court of a county within the commonwealth may transfer a juvenile proceeding to another court within the commonwealth. ...


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