J-A15046-18

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: K.G., A MINOR

APPEAL OF: P.H., MATERNAL 

GRANDMOTHER

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 93 MDA 2018

Appeal from the Order Entered December 11, 2017

In the Court of Common Pleas of Huntingdon County Juvenile Division at 

No(s): CP-31-DP-0000057-2015

IN THE INTEREST OF: A.G., A 

MINOR

APPEAL OF: P.H.

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 95 MDA 2018

Appeal from the Order Entered December 11, 2017

In the Court of Common Pleas of Huntingdon County Juvenile Division at 

No(s): CP-31-DP-0000058-2015

BEFORE: PANELLA, J., MURRAY, J., and FORD ELLIOTT, P.J.E.

MEMORANDUM BY MURRAY, J.: FILED AUGUST 30, 2018

In these consolidated appeals, P.H. (Maternal Grandmother) appeals 

from the orders changing the permanent placement goals for her minor 

granddaughters, A.G., born in November 2013, and Ka.G., born in May 2015 

(collectively, Children), from reunification to adoption. After careful review, 

we affirm.
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The relevant facts and procedural history of this case are as follows. 

Maternal Grandmother is the biological grandmother of four granddaughters: 

S.H., Ki.G., and Children. S.H. currently resides with Maternal Grandmother 

and is not part of this appeal.1 The family originally became known to the 

Huntington County Children and Youth Services Agency (the Agency) in 

August 2010, after reports were received alleging that Ki.G. lacked proper 

parental care and control. Dependency Petition (Ki.G.), 8/3/10, at 3 

(unpaginated). The report further alleged that Children’s mother, S.G. 

(Mother), had a criminal record that included drug charges and was refusing 

to cooperate with the Agency. Id. On August 13, 2010, the juvenile court 

adjudicated Ki.G. dependent, however, physical custody of Ki.G. remained 

with Mother. 

In November 2010, Mother placed Ki.G. in the care of Maternal 

Grandmother and moved to Pittsburgh with her three other children. On July 

6, 2011, the Agency filed a petition to transfer physical and legal custody of 

Ki.G. to Maternal Grandmother and appoint her as Ki.G.’s legal custodian. The

juvenile court granted the petition on August 22, 2011. Thereafter, having 

determined that Ki.G. had been placed with a fit and willing relative, the 

Agency filed, and the juvenile court granted, a petition to terminate court 

supervision. Order, 8/22/11.

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1 Maternal Grandmother appealed the goal change order for Ki.G., which we 

address by separate memorandum at Docket No. 94 MDA 2018.
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[Ki.G.] was already in the custody of [Maternal Grandmother] 

when Allegheny County placed S.H., A.G., and [Ka.G.] in kinship 

care with [Maternal Grandmother] on July 1, 2015. This 

placement occurred after the natural mother of the children was 

hospitalized following an automobile accident, which ultimately 

claimed her life approximately three weeks later. Allegheny 

County adjudicated [Ka.G.], A.G. and S.H. dependent on 

September 2, 2015. The Juvenile Division of the Allegheny County 

Court of Common Pleas subsequently transferred the cases to the 

Juvenile Division of the Huntingdon County Court of Common 

Pleas. When it became evident that [Maternal Grandmother] was 

overwhelmed with attempting to care [for] all four of the children, 

[the Agency] placed [Ki.G., A.G. and Ka.G.] in alternative foster 

care settings. The fourth child, whose case is not subject to this 

appeal, remains in kinship care with [Maternal Grandmother]. The 

parental rights of all of the Natural Fathers except S.H.’s (who is 

not subject to this appeal) have been terminated.

[Maternal Grandmother] is very well-intentioned, and has always 

attempted to meet the needs of her granddaughters. From the 

inception of these dependency matters, however, we were 

concerned that [Maternal Grandmother] was unable to adequately 

care for all of the children simultaneously. When [Maternal 

Grandmother] assumed the care of all four of her grandchildren in 

July of 2015, she was working at Weis Markets in State College, 

Centre County and was driving 45 minutes each way to go to 

work, and also leaving the children in the care of her 89-year-old 

mother. Services were put in place by [the Agency], but even 

with those services [Maternal Grandmother] was “overwhelmed” 

and didn’t have time to address all of her household needs. The 

children were removed from her custody due to home condition 

issues and the inability to appropriately care for all of the children 

at one time.

Juvenile Court Opinion, 2/13/18, at 1-2 (footnotes omitted).

On November 8, 2017, the court terminated the parental rights of 

Children’s fathers. Trial Court Opinion, 2/13/18, at Ex. A. That same day, 

the Agency petitioned for the juvenile court to conduct a permanency review 
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hearing for Children for the purpose of changing their permanency goal from 

reunification to adoption. 

The court held a permanency review hearing on December 1, 2017, 

during which the Agency presented the testimony of Emily Dixon, the 

caseworker assigned to the family. Maternal Grandmother testified on her 

own behalf and presented the testimony of J.L., Ki.G.’s foster mother, as an 

adversarial witness. At the conclusion of the hearing, Maternal Grandmother 

expressed her disagreement with the Agency’s position of changing Children’s 

permanency goals to adoption. N.T., 12/1/17, at 26. Rather, Maternal 

Grandmother argued that Children should be returned to her care. Id.

Relevant to this appeal, during Maternal Grandmother’s closing 

arguments, the following exchange took place:

[ATTORNEY FOR MATERNAL GRANDMOTHER]: . . . My client has 

been working towards reunifying [Ki.G.] as her legal guardian all 

along. Seeking to change the goal to adoption at this point is 

something that we object to. She has legal standing with regard 

to [Ki.G.] as her legal guardian to reunify with her, and she has 

done what has been asked of her to do that. . . . 

[THE COURT]: Thank you, [attorney for Maternal Grandmother]. 

I’m going to take the matters under advisement.

[GUARDIAN AD LITEM]: Can I speak briefly?

[THE COURT]: You may.

[GUARDIAN AD LITEM]: I think counsel will agree that [Maternal 

Grandmother] does not have legal standing to challenge the goal 

change as to [A.G.] and [Ka.G.]. If she does have some basis, I 

would like to hear it now because I don’t know.

[THE COURT]: I don’t think she does.
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[ATTORNEY FOR MATERNAL GRANDMOTHER]: I would like to 

speak to that.

. . .

[THE COURT]: The issue I was going to raise is the standing issue. 

She has status as guardian in one case and not in the other three.

[ATTORNEY FOR MATERNAL GRANDMOTHER]: I believe that the 

Agency has waived any standing issue with regard to [A.G.] and 

[Ka.G.]. They have asked [Maternal Grandmother] to do certain 

things to reunify. In every permanency plan that they have 

submitted to this Court they have indicated that [Maternal 

Grandmother] was to do certain things prior to getting the children 

back in her home.

[THE COURT]: They would be negligent if they didn’t, and they 

probably would be violating the law. We want children to be in 

kinship care, and the Agency asks grandparents all the time to do 

things. And I think they wouldn’t be doing their duty. I think you 

would object if they didn’t give her the opportunity, if they hadn’t 

given her the opportunity. I don’t think you can have it both ways. 

I think the argument that we are asking for this grandmother to 

be able to care for the children but they shouldn’t have asked us 

to take steps, it doesn’t make sense to me.

[ATTORNEY FOR MATERNAL GRANDMOTHER]: No, I’m saying that 

because they have asked her to take steps, they have treated her 

as a party to this case and not just as a potential kinship foster 

home.

[THE COURT]: I think she has every right, and she should have 

participated all along in this case. That doesn’t mean she has 

standing. . . .

Permanency Review Hearing, 12/1/17, at 30-33.

On December 11, 2017, the juvenile court entered its order changing 

Children’s permanent placement goal from reunification to adoption. Maternal 
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Grandmother timely filed a notice of appeal and concise statement of matters 

complained of on appeal pursuant to Pa.R.A.P. 1925(a)(2)(i) and (b).

Maternal Grandmother presents identical issues with regard to A.G. and 

Ka.G., and thus we address them together. Maternal Grandmother raises the 

following issues for our review:

1. Did the court below err when it continued Child’s placement in 

a foster home, despite the fact that [Maternal Grandmother] is 

Child’s maternal grandmother and is fully capable of caring for 

Child and meeting her needs in her home?

2. Did the court below err when it found that the placement of 

Child continued to be necessary and appropriate, when the 

evidence showed that [Maternal Grandmother] completed all 

tasks set forth in the service plan that was established for 

[Maternal Grandmother] to reunify with Child?

3. Did the court below err when it changed the permanent 

placement goal to Adoption, despite the fact that it is in Child’s 

best interest to return to [Maternal Grandmother], with whom 

she previously resided?

4. Did the court below err when it found that Child’s “placement 

is the least restrictive placement that meets the needs of the 

Child, and there is no less restrictive alternative available, in 

that the child is placed with a half-sibling in the most family 

like setting available,” when the evidence showed that 

[Maternal Grandmother], who is the maternal grandmother of 

child, is fully capable of caring for Child in her home, which 

would be the least restrictive and most family-like setting 

available for this Child?

5. Did the court below err when it found that reasonable efforts 

had been made to place Child and her siblings together, when 

Child has one sibling residing with [Maternal Grandmother], 

and one sibling residing in another foster home, and despite 

the fact that [Maternal Grandmother] is fully capable of caring 

for Child and all of her siblings in [Maternal Grandmother’s] 

home?
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Maternal Grandmother’s Brief (A.G.) at 19-21 (juvenile court answers 

omitted).2

Generally, the issues Maternal Grandmother presents for our review 

assail the change in permanency goal from reunification to adoption. Both the 

juvenile court, Agency and guardian ad litem (GAL) contend, however, that 

Maternal Grandmother lacks standing to challenge the goal change “because 

[Maternal Grandmother] does not fall in any of the categories of standing 

enumerated by the Superior Court and cannot be conferred status by virtue 

of being a grandparent, in the context of a dependency proceeding.” 

Appellee’s Brief (GAL) at 4; see also Trial Court Opinion, 2/13/18, at 3-5.

“An issue regarding standing to participate in dependency proceedings 

is a question of law warranting plenary review, and our scope of review is de 

novo.” In re C.R., 111 A.3d 179, 182 (Pa. Super. 2015). “[T]he question of 

standing is whether a litigant is entitled to have the court decide the merits of 

the dispute or of particular issues.” Id. (quoting Silfies v. Webster, 713 

A.2d 639, 642 (Pa. Super. 1998)). 

Dependency proceedings are governed by the Juvenile Act, 42 Pa.C.S.A. 

§ 6301 et seq. The Juvenile Act provides that all parties to a dependency 

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2 We note Maternal Grandmother’s violation of Pennsylvania Rules of Appellate 

Procedure 2119. The Rule provides, in pertinent part, “[t]he argument shall 

be divided into as many parts as there are questions to be argued[.]” 

Pa.R.A.P. 2119(a). However, because Maternal Grandmother’s violation does 

not substantially impede appellate review, we decline to quash the appeal. 

See In re Ullman, 995 A.2d 1207, 1211 (Pa. Super. 2010) (“This Court may 

quash or dismiss an appeal if the appellant fails to conform to the 

requirements set forth in the Pennsylvania Rules of Appellate Procedure.”).
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proceeding are entitled to counsel, to present evidence, and to cross-examine 

witnesses. 42 Pa.C.S.A. §§ 6337, 6338; see also In re L.C. II, 900 A.2d 

378, 380-81 (Pa. Super. 2006). This Court has defined “party” to include “(1) 

the parents of the juvenile whose dependency status is at issue; (2) the legal 

custodian of the juvenile whose dependency status is at issue, or (3) the 

person whose care and control of the juvenile is in question.” In re J.S., 980 

A.2d 117, 120 (Pa. Super. 2009). Foster parents, kinship parents, preadoptive parents, and other caregivers, however, are not automatically 

considered parties to a dependency proceeding. Rather, a non-parent’s right 

to participate in a dependency proceeding is governed by Section 6336.1 of 

the Juvenile Act, which states: 

The court shall direct the county agency or juvenile probation 

department to provide the child’s foster parent, pre[-]adoptive 

parent or relative providing care for the child with timely notice of 

the hearing. The court shall provide the child’s foster parent, pre[-

]adoptive parent or relative providing care for the child the right 

to be heard at any hearing under this chapter. Unless a foster 

parent, pre[-]adoptive parent or relative providing care for 

a child has been awarded legal custody pursuant to section 

6357 (relating to rights and duties of legal custodian), 

nothing in this section shall give the foster parent, pre[-

]adoptive parent or relative providing care for the child 

legal standing in the matter being heard by the court.

42 Pa.C.S.A. § 6336.1(a) (emphasis added). Therefore, the Juvenile Act is 

clear that if a foster parent, pre-adoptive parent, or relative providing care for 

a child has not been granted legal custody of the child, he or she does not 

have standing to participate as a party in the dependency proceeding, and 

instead is entitled to notice of the hearing and the opportunity to be heard. 
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Maternal Grandmother does not contend, and the record does not 

reflect, that she was awarded legal custody of Children. To the contrary, the 

Agency is their legal custodian. See Permanency Review Order, 12/11/17, at 

6. Instead, Maternal Grandmother argues that because she was treated like 

a party, she has standing to challenge the juvenile court’s permanency review 

order. Maternal Grandmother’s Reply Brief (A.G) at 1. Alternatively, Maternal 

Grandmother asserts that even if she lacks standing, both the Agency and 

GAL are estopped from raising the issue now because they failed to make a 

timely objection to her treatment as a party. Id. at 3.

Pursuant to Section 6336.1(a), Maternal Grandmother does not have 

standing, she does not have the rights of a party, i.e., the right to counsel, to 

call witnesses, to conduct cross-examination, and to file an appeal. See 42 

Pa.C.S.A. §§ 6336.1(a), 6337, 6338; Pa.R.A.P. 501. To the extent that the 

juvenile court denied Maternal Grandmother any of these opportunities, the 

juvenile court did not err.

However, pursuant to Section 6336.1(a), Maternal Grandmother was 

entitled to notice of the hearing and an opportunity to be heard. The record 

reflects that the juvenile court permitted Maternal Grandmother to be heard 

at the December 1, 2017 hearing. It allowed Maternal Grandmother to 

express her position, to update the court about her care of Children, and to 

rebut the contentions of the Agency’s testifying witness. N.T., 12/1/17, at 

18-24. Indeed, the juvenile court went beyond merely allowing Maternal 

Grandmother “to be heard,” as it appointed her counsel and allowed her to 
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call witnesses to testify on her behalf. Id. at 11-15. Maternal Grandmother 

provides no legal authority, nor are we aware of any, that supports her 

contention that such treatment by the juvenile court conferred her with legal 

standing. To the contrary, our case law is clear that kinship foster parents do 

not have standing to participate in dependency proceedings. 42 Pa.C.S.A. § 

6336.1 (“nothing in this section shall give the foster parent, preadoptive 

parent or relative providing care for the child legal standing in the matter 

being heard by the court.”) (emphasis added). We therefore find that the 

juvenile court did not err in its treatment of Maternal Grandmother at the 

hearing.

Moreover, we likewise reject Maternal Grandmother’s assertion that the 

Agency/GAL waived the challenge to standing because it failed to timely 

object. The record reveals that Maternal Grandmother first asserted her right 

to standing at the December 1, 2017 permanency review hearing. Children’s 

GAL immediately made a contemporaneous objection, stating plainly on the 

record that he believed Maternal Grandmother lacked legal standing to 

challenge Children’s goal change. 

Pertinently, because we have concluded that Maternal Grandmother 

lacked standing, we are without jurisdiction to decide the merits of her issues. 

See K.B. II v. C.B.F., 833 A.2d 767, 774 (Pa. Super. 2003) (“When a statute 

creates a cause of action and designates who may sue, the issue of standing 

becomes interwoven with that of subject matter jurisdiction. Standing then 

becomes a jurisdictional prerequisite to an action.”) (emphasis omitted). 
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Maternal Grandmother’s lack of standing is dispositive in this appeal. 

Accordingly, we affirm the permanency review orders changing the Children’s 

placement goals from reunification to adoption.3

Orders affirmed. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 08/30/2018

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3 We reiterate that our holding is mandated by the language of the Juvenile 

Act; to the extent our decision may be perceived as draconian, we are 

cognizant of and note that the juvenile court has demonstrated thoughtful 

consideration in presiding over this case, including its efforts to maintain the 

siblings’ relationships through their visits with Maternal Grandmother every 

other weekend.