IN RE S.H.

2209 EDA 2011

71 A.3d 973 (2013)

2013 PA Super 165

In re S.H., O.H., and N.H. Appeal of S.H., O.H., and N.H.

Superior Court of Pennsylvania.

Filed July 3, 2013.

Reargument Denied August 19, 2013.


Attorney(s) appearing for the Case

Barry M. Kassel and Marguerite C. Gualtieri , Philadelphia, for appellants.

Patricia A. Korey , Public Defender, Philadelphia, amicus curiae.

Michael E. Angelotti , Philadelphia, for Dept. of Human Service, participating party.

Edward M. Flannery , Philadelphia, for father, participating party.

BEFORE: STEVENS, P.J., GANTMAN, and PANELLA, JJ.


OPINION BY PANELLA, J.:

In a matter of first impression, and one which we are told has significant statewide ramifications, we must decide whether an order for Permanent Legal Custody entered pursuant to the Juvenile Act prohibits a parent from later seeking primary custody. This question necessitates review of issues surrounding the interpretation of key provisions of the Juvenile Act; the best interests of children; the historic and statutory right of parents to...

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