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[U] In re E.B.

Superior Court of Pennsylvania

November 15, 2013

IN THE INTEREST OF: E.B. APPEAL OF: E.B., FATHER

NON-PRECEDENTIAL DECISION

Appeal from the Order Entered April 9, 2013 In the Court of Common Pleas of Philadelphia County Family Court at No(s): CP-51-DP-0000648-2013

BEFORE: BOWES, J., DONOHUE, J., and OTT, J.

MEMORANDUM

OTT, J.

E.B. ("Father") appeals from the order dated April 9, 2013, in the Court of Common Pleas of Philadelphia County, that adjudicated as dependent his female child, E.B., born in January of 2013, and placed her in kinship foster care with her maternal grandmother.[1] We affirm.

The juvenile court set forth the following facts and procedural history:[2]

On September 26, 2011, the Department of Human Services ("DHS") implemented In-Home Protective Services ("IHPS") to address concerns for the safety and welfare of E.B.'s older siblings, J.B. and D.B., ages six (6) and four (4) years old, respectively.
On December 2, 2011, DHS received a Child Protective Services ("CPS") report alleging that J.B. was physically abused by the children's Father []; that J.B. had a scratch on his face; that when questioned about the injury, J.B. stated that Father caused the injury and that Father had hit him with a belt; and, that Father used corporal punishment as a method of discipline. This report was indicated.
On December 8, 2011, DHS received a CPS report alleging that J.B. stated that he was physically abused on December 2, 2011, by Father, and that his younger sibling, D.B., sustained a fractured clavicle in July 2011, as a result of being hit by Father, and that J.B. was currently residing with the children's maternal grandfather, K.J. This report was indicated.
On December 8, 2011, DHS obtained an Order of Protective Custody ("OPC") for J.B. and D.B., and placed both children in the home of the maternal grandfather. The children's concurrent permanency goal is Permanent Legal Custody ("PLC").
On December 9, 2011, a Shelter Care Hearing was held for J.B. and D.B. wherein the court granted DHS temporary legal custody.
On September 3, 2012, Father was arrested and charged with driving under the influence of a controlled substance, two (2) counts of driving with a suspended or revoked license, and receiving stolen property. On November 21, 2012, Father pled guilty to receiving stolen property, and was sentenced to a minimum of three (3) months to a maximum of twenty-three (23) months confinement, with parole at three (3) months to be followed by three (3) years of reporting probation. Father was ordered to obtain his General Equivalency Diploma (GED), to receive drug and alcohol treatment, and to pay court costs and probation supervision fees. On December 11, 2012, the Honorable Alice Dubow issued an order granting immediate parole as to the receiving stolen property conviction.
On November 13, 2012, this Court held a Permanency Review Hearing for both of E.B.'s older siblings[, ] J.B. and D.B. Father was not present at the hearing because, as noted in the court order, he was incarcerated at the House of Corrections. This Court ordered that both children remain committed to DHS.
On November 29, 2012, Father was arrested and charged with aggravated assault, endangering the welfare of children wherein a parent/guardian/other commits the offense ("EWOC"), recklessly endangering another person, simple assault, and possession of an instrument of a crime; the charges stemmed from D.B.'s July 2011 fractured clavicle. Father posted bail on December 14, 2012, and a stay-away order was issued against Father.
On January [], 2013, Mother [] gave birth to E.B. prematurely, and E.B. remained at Pennsylvania Hospital. On March 11, 2013, this Court held a Permanency Review Hearing for J.B. and D.B. This Court found both parents in minimal compliance with their respective Family Service Plan ("FSP") objectives, and both children were ordered to remain as committed to DHS. In addition, this Court referred Father to the Central Evaluation Unit ("CEU") for a forthwith drug screen and monitoring.
On March 11, 2013, DHS learned that E.B., who was three (3) months old at that time, was discharged from the Pennsylvania Hospital to the care of Mother and Father on March 8, 2013. DHS arranged to meet with both parents and E.B. the following day at the home of the children's maternal grandmother, N.H.
On March 12, 2013, DHS visited the maternal grandmother's home, met with the family, evaluated the home, conducted criminal and ChildLine clearances, and developed a Safety Plan for E.B. at the maternal grandmother's home. Father and Mother agreed that E.B. would reside with the children's maternal grandmother, N.H., and the maternal great-grandmother pending the outcome of Father's criminal hearing. The Safety Plan stated that N.H. would: ensure E.B.'s safety while E.B. resided in the home; provide for E.B.'s basic daily needs, including medical as needed; supervise all visits with Father; communicate any concerns to DHS; assist Mother with medical appointments as needed; and accept IHPS services if and when ...

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