J-S59002-17

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: H. S., A MINOR IN THE SUPERIOR COURT OF

PENNSYLVANIA

APPEAL OF: M. S., MOTHER

No. 1047 EDA 2017

Appeal from the Order Entered February 21, 2017

In the Court of Common Pleas of Philadelphia County

Family Court at No(s): CP-51-DP-0000158-2017

IN THE INTEREST OF: B. S. JR., A 

MINOR

IN THE SUPERIOR COURT OF

PENNSYLVANIA

APPEAL OF: M. S., MOTHER

No. 1048 EDA 2017

Appeal from the Order Entered February 21, 2017

In the Court of Common Pleas of Philadelphia County

Family Court at No(s): CP-51-DP-0000159-2017

BEFORE: BENDER, P.J.E., OTT, J., and FITZGERALD, J.*

MEMORANDUM BY BENDER, P.J.E.: FILED NOVEMBER 07, 2017

M.S. (Mother) appeals from the February 21, 2017 orders that granted 

the petitions filed by the Philadelphia Department of Human Services (DHS), 

requesting the adjudication of dependency of H.S. (Child 1), born in January 

of 2016, and B.S., Jr. (Child 2), born in October of 2012.1 After review, we 

affirm. 

____________________________________________

* Former Justice specially assigned to the Superior Court.

1 This Court consolidated these two appeals sua sponte by order filed on 

April 2, 2017. 
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On appeal, Mother presents the following two issues for our review:

1. Did the [t]rial judge rule in error that the Philadelphia City 

Solicitor’s Office meant [sic] its burden of proof that the 

child[ren] should be adjudicated dependent under 42 Pa.C.S. [§] 

6302?

2. Did the judge rule in error that the children be committed to the 

Department of Human Services? 

Mother’s brief at 3. 

Our standard of review for dependency cases is as follows:

[T]he standard of review in dependency cases requires an 

appellate court to accept the findings of fact and credibility 

determinations of the trial court if they are supported by the 

record, but does not require the appellate court to accept the 

lower court’s inferences or conclusions of law. Accordingly, we 

review for an abuse of discretion.

In re R.J.T., 9 A.3d 1179, 1190 (Pa. 2010).

Section 6302 of the Juvenile Act defines a dependent child, in part, as 

a child who

(1) is without proper parental care or control, subsistence, 

education as required by law, or other care or control 

necessary for his physical, mental, or emotional health, or 

morals. A determination that there is a lack of proper 

parental care or control may be based upon evidence of 

conduct by the parent, guardian or other custodian that 

places the health, safety or welfare of the child at risk, 

including evidence of the parent’s, guardian’s or other 

custodian’s use of alcohol or a controlled substance that 

places the health, safety or welfare of the child at risk; 

42 Pa.C.S. § 6302(1).

In In re G., T., 845 A.2d 870 (Pa. Super. 2004), we stated: 
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The question of whether a child is lacking proper parental care or 

control so as to be a dependent child encompasses two discrete 

questions: whether the child presently is without proper parental 

care and control, and if so, whether such care and control are 

immediately available. 

Id. at 872 (internal quotations and citations omitted). “The burden of proof 

in a dependency proceeding is on the petitioner to demonstrate by clear and 

convincing evidence that a child meets that statutory definition of 

dependency.” Id.

We have reviewed the certified record, the briefs of the parties, the 

applicable law, and the comprehensive opinion authored by the Honorable 

Joseph Fernandes of the Court of Common Pleas of Philadelphia County, filed 

on May 24, 2017. We conclude that Judge Fernandes’s well-reasoned 

opinion correctly disposes of the issues raised by Mother in these appeals

and we discern no abuse of discretion or error of law. Accordingly, we adopt 

Judge Fernandes’s opinion as our own and affirm the February 21, 2017 

orders on that basis. 

Orders affirmed. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 11/7/2017
J-S59002-17

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