Child Abuse • “Aggravated Circumstances” • Dependency • Sufficiency of Evidence

In the Interest of J.M., a minor, PICS Case No. 17-1117 (Pa. Super. June 27, 2017) Solano, J. (40 pages).

Family court was precluded from making a finding of aggravated circumstances in a petition alleging child abuse unless the court first determined the victim child to be dependent. Order of the family court vacated.

Ja.M., mother of J.M., a minor, appealed the order of the family court holding that J.M. was the victim of physical abuse perpetrated by mother and that mother's conduct constituted “aggravated circumstances,” and further holding that because J.M.'s father was available to assume custody J.M. was not dependent. While J.M. was legally in mother's custody, but was being watched by his maternal grandmother, he was diagnosed with a fractured right wrist. Mother testified that the injury occurred while J.M. was with her mother, but later sought to blame the injury on J.M.'s paternal grandmother.