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G.B. (08/27/87)

decided: August 27, 1987.

IN RE G.B., A JUVENILE. APPEAL OF BUCKS COUNTY CHILDREN AND YOUTH SERVICES AGENCY


Appeal from the Order entered December 1, 1986 in the Court of Common Pleas of Bucks County, Juvenile Division, No. 11 C.W. 1978-Bucks.

COUNSEL

Cynthia M. Weaver, Newtown, for appellant.

Malcolm J. Gross, Allentown, for appellee.

Montemuro, Kelly and Cercone, JJ.

Author: Cercone

[ 366 Pa. Super. Page 11]

This is an appeal from a determination of the Lehigh County Court of Common Pleas that Lehigh County would not accept, by transfer from Bucks County, the case of G.B., a dependent child, under the Juvenile Act, 42 Pa.C.S.A. ยงยง 6301-6365.

In January 1978, G.B. was adjudicated dependent by the Bucks County Court of Common Pleas and placed in the custody of the Bucks County Children and Youth Services Agency. (Bucks County agency) In January 1985, the Bucks County Court of Common Pleas determined, at a six-month judicial review hearing, that the case should be

[ 366 Pa. Super. Page 12]

    transferred to Lehigh County because the mother resided in Lehigh County. Thereafter, the Lehigh County Office of Children and Youth Services (Lehigh County agency) indicated that it would not agree to the transfer of G.B.'s case to its agent.

On petition of the Bucks County agency, a hearing was conducted on May 13, 1986, before the Honorable Isaac S. Garb of the Bucks County Court of Common Pleas. That petition contained the following request: "Therefore, it is requested that the Court again review this case and, after a full hearing, order the legality and merits of transfer of legal custody of [G.B.] to Lehigh County Children and Youth Services." The Lehigh County Agency was given notice of the hearing and appeared, with counsel, for the limited purpose of objecting to the jurisdiction of the Bucks County court over the matter. On May 15, 1986, Judge Garb issued the following order:

AND NOW, this 15th day of May, 1986, after hearing in the above-captioned matter, it is hereby ORDERED and DIRECTED that this proceeding be transferred to the Court of Common Pleas of Lehigh County, Juvenile Division. This Order is based on this Court's findings after hearing on May 13, 1986, that the minor child, [G.B.] resides in Lehigh County for these purposes, that County being the County of residence of his only known parent at the present time and having existed for some significant period of time.

No appeal was taken from this order.

On October 9, 1986, the Bucks County agency petitioned the Lehigh County Court of Common Pleas for an Emergency Order and hearing because the Lehigh County agency had done nothing to provide for the welfare of G.B. After a hearing on the aforementioned petition, the Honorable David E. Mellenberg issued the order of December 1, 1986 which states, "It is ordered the custody of the said minor, [G.B.], cannot be accepted in Lehigh County and that custody shall ...


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