IN THE INTEREST OF: I.A. APPEAL OF: ALLEGHENY COUNTY OFFICE OF CHILDREN, YOUTH AND FAMILIES IN RE: I.A., A MINOR APPEAL OF: F.A.
Appeal from the Order Entered May 28, 2013 In the Court of Common Pleas of Allegheny County Family Court at No. 2343-12, JID No. 89533-A
Appeal from the Order Entered June 26, 2013 In the Court of Common Pleas of Allegheny County Juvenile Division at No. 2343-12
BEFORE: BENDER, P.J.E., LAZARUS, J., AND MUNDY, J. [*]
Allegheny County Office of Children, Youth and Families (CYF or Agency) appeals from the order dated May 20, 2013, and entered May 28, 2013, that granted the private petition filed by the probation officer assigned to the minor subject of this case, I.A., born in June of 1995, finding I.A. to be a dependent child pursuant to the Juvenile Act, 42 Pa.C.S. § 6302 "Dependent Child." F.A. (Mother) appeals from the order dated June 25, 2013, and entered June 26, 2013, that continued jurisdiction over I.A. by the juvenile court after he turned eighteen years old. Following review, we reverse the order finding I.A. to be a dependent child and, therefore, dismiss Mother's appeal as moot.
We begin our review in relation to CYF's appeal from the juvenile court's order determining that I.A. is a dependent child. The court provided the following findings of fact upon which it based its conclusion:
Findings of fact are as follows: The child has three pending delinquency petitions at T175049, T174410 and T175082, all related to alleged assaults by the child at school and in the home. The child had been evaluated by Dr. Zerby and Dr. Neeper who found the child not competent at this time to participate in his defense due to mental health issues and in need of mental health treatment and possible RTF placement. All parties stipulated on the delinquency case as to the child's mental incapacity. All parties had notice of the child's competency issue. Mother and child were living in a hotel and the child was not attending school and was demonstrating out of control behaviors in school and at home. The child had not received treatment as of May 23, 2013, due to [M]other's refusal to permit the child to receive mental health treatment and cooperate with the court appointed educational and medical guardian, Sharon Profeta, Esquire. The court finds in addition that there are cultural and communication issues that necessitated CYF services.
Probation filed a private petition since CYF had refused to help this child and mother. The court finds that [M]other had recently obtained housing, but still refuses to cooperate and assist in her son's mental health treatment and the child will be 18 years of age before another hearing can be scheduled. This court also finds that even though the Child had recently started to attend school, as a result of the guardian's assistance, there are still concerns that his educational needs are not being met and needs to have an IEP plan in place. The child also continues to pose a risk for out of control behaviors without prescribed mental health treatment.
While the court believes the child has a guardian under section one, there may need to be a hearing to determine the child's mental capacity on the dependency case to determine whether the child is mentally incapacitated.
While lacking statutory authority, this court would opine that a child that is found to be incompetent due to mental health issues and commits delinquent acts is similar to a 42 Pa.C.S.A. [§] 6302 "Dependent Child" (7) when a child under the age of 10 commits a delinquent act or crime they are seemed [sic] to be dependent.
The entire record of the child's case shall be incorporated and be made part of this hearing subject to any evidentiary objections.
Order of Adjudication and Disposition—Child Dependent, 5/20/13, at 2.
CYF filed its timely appeal and a statement of matters complained of on appeal. In its brief, CYF ...