Argued September 10, 2014
Appeal from the Order of the Court of Common Pleas, Allegheny County, Civil Division, No(s): Docket Number 99-1597. Before COZZA, J.
Benjamin N. Zuckerman, Pittsburgh, for T.S., appellant.
Cheryl B. Gorski, Pittsburgh, for D.R.S., appellee.
Darnel B. Rosario, Pittsburgh, for CYS Allegheny County, participating party.
BEFORE: FORD ELLIOTT, P.J.E., SHOGAN and MUSMANNO, JJ.
In this dependency case, T.S. (" Father" ) appeals from the order entered on March 12, 2014, that, inter alia, directed Father to undergo a psychiatric evaluation and changed the placement of his minor child (" D.S." ). After careful review, we reverse in part and affirm in part.
The trial court set forth the relevant facts and procedural history of this matter as follows:
The family has an extensive history with Allegheny County Child Youth and Families (CYF) dating back to 2000. Both D.S. and [a sibling] Z.S. were removed from Mother's care for suspected neglect and physical abuse. They were eventually returned to her care. The children were removed from Mother's care in 2002 for similar allegations. Father was granted primary physical custody of the children in Adult Family Division. Mother was allowed unsupervised contact with the children through this order. The family came to the attention of CYF again in 2009 when Mother requested removal of the children. It was reported that Father had placed the children in Mother's care sometime in 2008. CYF filed a Dependency Petition but the case was closed after Father agreed to assume custody of the children.
On September 27, 2013, Father filed a Private Dependency Petition alleging that D.S. was running away and refusing to follow household rules.
2 At a Shelter Hearing
3 on October 10, 2013, [F]ather requested that the children be removed from his home. Sometime prior to entering the courtroom for this hearing, the caseworker observed the children, in the hall, begging Father to return home. The caseworker testified that [F]ather responded by pushing the children off of him and saying " get the f*** off of me" .
2 A similar petition was filed for Z.S.
3 The Honorable William Ward was presiding over the case until December 31st, 2013.
At a review hearing on November 12, 2013, the court allowed D.S. to return home to [F]ather. Father subsequently demanded the child be removed from his home again on December 5, 2013. On December 18, 2013, D.S. was adjudicated dependent under 42 Pa.C.S. § 6302(1) and (6). Father stipulated that he required CYF's assistance in meeting D.S.'s mental health needs. At this hearing, the court offered Father home visits on Christmas Eve and Christmas day. Father declined both of the visits. The court further ordered that D.S., Father and Father's paramour
4 attend [Allegheny Forensic Associates] (AFA) evaluations. D.S. did attend her individual evaluation but Father
and his paramour refused to attend their individual evaluations with Dr. Rosenblum.
4 It should be noted that Father's live-in paramour was the former CYF caseworker assigned to the family case. This was a point of contention in the family and thus the reason for ...