J-A06029-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: J.L., A MINOR IN THE SUPERIOR COURT OF

PENNSYLVANIA

APPEAL OF: BERKS COUNTY CHILDREN 

AND YOUTH SERVICES

No. 1660 MDA 2015

Appeal from the Order Entered August 28, 2015

In the Court of Common Pleas of Berks County

Juvenile Division at No(s): CP-06-DP-0000141-2014

*****

IN THE INTEREST OF: J.L., A MINOR IN THE SUPERIOR COURT OF

PENNSYLVANIA

APPEAL OF: BERKS COUNTY CHILDREN 

AND YOUTH SERVICES

No. 1661 MDA 2015

Appeal from the Order Entered August 28, 2015

In the Court of Common Pleas of Berks County

Juvenile Division at No(s): CP-06-DP-0000142-2014

*****

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

PENNSYLVANIA

APPEAL OF: BERKS COUNTY CHILDREN 

AND YOUTH SERVICES

No. 1662 MDA 2015

Appeal from the Order Entered August 28, 2015

In the Court of Common Pleas of Berks County

Juvenile Division at No(s): CP-06-DP-0000143-2014
J-A06029-16

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*****

IN THE INTEREST OF: J.B., A MINOR IN THE SUPERIOR COURT OF

PENNSYLVANIA

APPEAL OF: BERKS COUNTY CHILDREN 

AND YOUTH SERVICES

No. 1663 MDA 2015

Appeal from the Order Entered August 28, 2015

In the Court of Common Pleas of Berks County

Juvenile Division at No(s): CP-06-DP-0000144-2014

BEFORE: LAZARUS, J., STABILE, J., and DUBOW, J.

JUDGMENT ORDER BY LAZARUS, J.: FILED FEBRUARY 09, 2016

Berks County Children and Youth Services (the Agency) appeals from 

the order requiring it to pay a portion of the expenses incurred each month 

by H.C. (Grandmother) to care for J.L., S.H. and J.B. (Grandchildren). Upon 

review, we grant the Agency’s motion to dismiss the appeal. 

The Agency filed a petition for dependency of Grandchildren on April 

16, 2014. On July 10, 2014, Grandchildren were adjudicated dependent and 

the Agency transferred temporary legal and physical custody to 

Grandmother. At a status conference on August 28, 2015, the court ordered 

the Agency to “pay the shortfall every month” regarding Grandmother’s 

expenses in caring for the Grandchildren. Trial Court Order, 8/28/15. The 

Agency filed a timely appeal of the order, asserting, among other things, 

that the trial court abused its discretion by requiring the Agency to pay the 

shortfall without any limitations or restrictions on Grandmother’s spending.
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On January 27, 2016, the Agency filed a motion to dismiss the appeal 

because supervision of the Grandchildren was terminated based upon a 

stipulation of the parties and pursuant to Pennsylvania Rule of Juvenile Court 

Procedure 1631.1 Thus, the Agency argues that the appeal is moot since the 

Agency is no longer a party to any proceedings involving the Grandchildren.

We note that 

[a]s a general rule, an actual case or controversy must exist at 

all stages of the judicial process, or a case will be dismissed as 

moot. An issue can become moot during the pendency of an 

appeal due to an intervening change in the facts of the case or 

due to an intervening change in the applicable law.

In re D.A., 801 A.2d 614, 616 (Pa. Super. 2002). An order closing a 

dependency case during the pendency of an appeal implicates the mootness 

doctrine. Id. 

Instantly, the Agency’s supervision was terminated because the 

Grandchildren now live in Lehigh County and will receive services from that 

county’s Children and Youth Services, which satisfies the requirements of 

Pa.R.J.C.P. 1631. Thus, we find that “no party to the controversy will suffer 

some detriment due to the decision of the trial court.” D.A., supra at 616.

Appeal dismissed.

____________________________________________

1 The rule provides “for the termination of supervision when court-ordered 

services from the county agency are no longer needed” and other 

requirements are met. Pa.R.J.C.P. 1631(A). Here, supervision was 

terminated because jurisdiction of the case has been accepted by Lehigh 

County and the Grandchildren will be receiving services through Lehigh 

County Children and Youth Services. See Pa.R.J.C.P. 1631(A)(12).
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Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 2/9/2016