2020
230 A.3d 500 — Pa. Superior Court · Juvenile Law

Affirming an adjudication of dependency, the Superior Court addressed three intersecting issues at the juncture of the Juvenile Act, the Child Protective Services Law, and parental due process. The Court held that the ten-day hearing requirement of 42 Pa.C.S. § 6335 may be extended on the child’s request through her GAL, with successive ten-day continuances permitted, and that the proper remedy for a violation is release from shelter care rather than vacatur of a later adjudication. On parental due process, the Court reaffirmed that while the right to the care, custody, and control of one’s child is a fundamental liberty interest, dependency proceedings warrant a less demanding procedural framework than criminal cases because the state acts under its parens patriae power and the proceeding is reunification-oriented rather than purely adversarial. The Court also clarified that a CYS amendment of a dependency petition under Pa.R.J.C.P. 1334 is permissible absent prejudice, and that good-faith reliance on registry information at the time of an emergency protective custody application does not, by itself, offend due process.

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