In the case of In re S.H., O.H. and N.H., 2013 Pa. Super.165, the decision of the Superior Court of Pennsylvania has potentially far-reaching statewide ramifications regarding the relationship between an order of permanent legal custody from Dependency Court and a typical custody order from Family Court (Domestic Relations).
In S.H., the children at issue were initially committed to the custody of the Department of Human Services. After three years of hearings, DHS finally petitioned Dependency Court to award the children to their maternal grandmother, who was already serving as a kinship foster parent. DHS’s petition was granted and the maternal grandmother was awarded permanent legal custody. The legislature, through 23 Pa.C.S.A. Section 2511, statutorily created the method to terminate parental rights, which involves very specific procedures and legal requirements to do so. A key element to this case is the fact that the parental rights of the children’s father were never terminated pursuant to 23 Pa.C.S.A. Section 2511 at any point in the litigation.
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