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MATTER OF DeSAVAGE

241 Pa.Super. 174 (1976)

360 A.2d 237

In the Matter of Dale Henry DeSAVAGE, a minor, Appellant (two cases). Appeal of George DeSAVAGE and Deborah DeSavage.

Superior Court of Pennsylvania.

Decided July 7, 1976.

Attorney(s) appearing for the Case

Louis Erteschik, Neighborhood Legal Services, Pittsburgh, for appellant in No. 195.

Eric N. Anderson, Neighborhood Legal Services, Pittsburgh, for appellant in No. 268.

Robert E. Kline, Asst. County Sol., Clifford C. Cooper, Alexander J. Jaffurs, County Sol., James A. Esler, Asst. County Sol., Pittsburgh, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

HOFFMAN, Judge.

This appeal presents an important and difficult question arising under Pennsylvania's Juvenile Act:1 Does the Act permit the juvenile court to declare a newborn infant "deprived" within the meaning of 11 P.S. § 50-102(4), when the child has never been in the custody of its natural parents, and the parents have never voluntarily relinquished custody of their child...

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