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In re N.A.

Superior Court of Pennsylvania

May 13, 2015

IN THE INTEREST OF: N.A., A MINOR; APPEAL OF: DEPARTMENT OF HUMAN SERVICES (DHS)

Page 1145

Appeal from the Orders Entered July 24, 2014, in the Court of Common Pleas of Philadelphia County, Family Court at No(s): FID#51-FN-004497-2013, No. CP-51-DP-0002333-2013.

Appeal from the Order Entered July 24, 2014, in the Court of Common Pleas of Philadelphia County, Juvenile Division at No(s): FID#51-FN-004497-2013, No. CP-51-DP-0002330-2013. Before TERESHKO, J.

Michael E. Angelotti, Philadelphia, for appellant.

William A. Calandra, Philadelphia, for appellees.

Clair M. Stewart, Philadelphia, for N.T., participating party.

Chaim D. Sacks, Philadelphia, for S.A., participating party.

BEFORE: BENDER, P.J.E., LAZARUS, J., and FITZGERALD, J.[*]

OPINION

Page 1146

LAZARUS, J.

The Department of Human Services of the City of Philadelphia (" DHS" ) appeals the trial court's determination that minors M.A. and N.A. did not meet the definition of dependent children. The trial court described the procedural history of this matter as follows:

On November 11, 2013, DHS received a General Protective Services (" GPS" ) Report alleging that a neighbor observed M.A. and N.A. at the family's home without adult supervision. The Report further stated that police responded to the home, transported M.A. and N.A. to DHS and Mother was contacted to retrieve the children. Mother retrieved M.A. and N.A. later that day.
On November 20, 2013, DHS filed Dependency Petitions for M.A. and N.A. At the Adjudicatory Hearing on December 4, 2013 held before this Court, Adjudication was deferred. This Court also ordered that IHPS continue and DHS supervise the family.
At the Adjudicatory Hearing on March 5, 2014, held before this Court, Adjudication was deferred. This Court ordered DHS supervision to stand and N.A. to be referred to the Behavior Health System (" BHS" ) for Therapeutic Staff Support (" TSS" ) services. This Court also noted that M.A. was residing [with] L.P. (Maternal Grandmother), and N.A. was residing with his father, N.T., through family arrangements.
At the Adjudicatory Hearing on April 9, 2014, held before Master William Rice, the Court recommended:
AND NOW, this 9th day of April 2014, after consideration of the motion presented by the petitioner the Court finds that clear and convincing evidence does not exist to substantiate the allegations set forth in the petition. Furthermore it is ORDERED that the child is found not to be a Dependent Child pursuant to the Pennsylvania Juvenile Act and that the petition for dependency is dismissed. Any temporary legal and ...

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