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DEBORAH MOBLEY (08/07/86)

filed: August 7, 1986.

IN THE INTEREST OF DEBORAH MOBLEY, A MINOR. APPEAL OF LEORA KURLANSIK A/K/A LEORA MOBLEY


Appeal from Order of the Court of Common Pleas, Juvenile Division, of York County, No. 202 J.A. 1982.

COUNSEL

Victor A. Neubaum, Jr., York, for appellant.

Daniel Fennick, York, for appellee.

Wieand, Beck and Watkins, JJ.

Author: Wieand

[ 356 Pa. Super. Page 2]

This is an appeal from an order transferring jurisdiction and protective supervision of a dependent child to the Family Court of the 15th Judicial Circuit, Horry County, South Carolina. The natural mother, Leora Kurlansik, contends that the transfer of jurisdiction was improper. We disagree and affirm.

Deborah Mobley was born to Leora (Mobley) Kurlansik*fn1 and Blaine Mobley on September 19, 1982. On November 7, 1982, Deborah was declared a ward of the court and was placed in foster care pursuant to an emergency placement petition filed by the York County Children and Youth Services (YCCYS). On November 10, 1982, the child was adjudicated a dependent child in accordance with a stipulation entered by the parties. Custody was awarded to YCCYS. During the next three years, nine review hearings were held.

In April, 1983, the natural parents moved from Pennsylvania to Florida, where they resided with Blaine Mobley's

[ 356 Pa. Super. Page 3]

    mother. In May, 1984, the court learned that the natural parents had moved to Louisiana and were living near Blaine Mobley's father and his father's wife. To facilitate the goal of effecting an ultimate return of Deborah to her natural parents, the court, on June 26, 1984, ordered that physical custody of the child be transferred to the paternal grandfather and his wife, who were to assume foster care of the child until such time as the natural parents were capable of caring for the child themselves. Legal custody remained in YCCYS. Because neither the parents nor the child resided in Pennsylvania, the court, on October 31, 1984, directed that the Louisiana authorities be contacted to determine whether that state would assume jurisdiction over the case. On January 2, 1985, however, it was learned that the Louisiana authorities would not accept jurisdiction because, while the natural parents continued to reside in that state, the grandfather, his wife and the child had moved to South Carolina. The court in York County, therefore, directed that the authorities in South Carolina be contacted about providing supervisory services for the child and accepting jurisdiction of the case.

The next judicial review hearing was held on April 30, 1985. By this time, both parents had moved back to Pennsylvania and were seeking a divorce. The court found that while the natural parents mere making progress toward becoming suitable parents to Deborah, neither was ready, at that time, to assume the duties and obligations of a custodial parent. Therefore, the court directed that Deborah remain in foster care with her grandfather in South Carolina.

At a later review hearing on October 28, 1985, the court observed that although the natural mother had continued to make progress toward assuming custody, such a goal could not realistically be achieved for at least eight months. Therefore, the court directed that jurisdiction and protective supervision be relinquished to the Family Court of the 15th Judicial Circuit of the State of South Carolina, where Deborah ...


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