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HomeMy WebLinkAboutCP-21-JV-0141-2004 IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AK., BORN February 4, 2004 LX., BORN February 4, 2004 NO. CP-21-mVENILE 141 - 2004 IN RE: OPINION PURSUANT TO Pa. RA.P. 1925 Guido, J., July , 2005 Twin sisters AK. and L. K. were born on February 4,2004. On June 4,2004 they were placed on an emergency basis because of suspected physical abuse. Over the next few months several hearings were conducted before the Dependency Master. On January 12,2005 we approved the Master's Report and adopted his recommendations that 1) the children were abused; 2) they were dependent; 3) father perpetrated the abuse; 4) mother is responsible for the abuse by omission; and 5) aggravated circumstances exist as to both 1 parents. Both parents filed exceptions to the Master's Report and Recommendations. We reviewed the transcripts of the hearings before the Master, as well as the exhibits presented therein. We also reviewed the briefs filed by each party and heard argument thereon. On April 21, 2005 we entered an order dismissing the exceptions and affirming our prior order. Both parents have filed this timely appeal from that order. The issues raised on appeal by each party are virtually identical. 2 In effect, they question our findings of dependency, abuse and aggravated circumstances? 1 See orders of January 12, 2005, with Master's Report and Recommendation attached thereto. 2 See Concise Statement of Matters Complained of on Appeal filed. 3 Mother also maintains that she is ready, willing and able to provide for the needs of the children. NO. CP-21-mVENILE 141 - 2004 AK. and L.K. were placed on an emergency basis because of suspected physical abuse. Pictures taken of the babies on that date showed that each child had extensive bruising on her face and body as well as dried blood under her fingernails and toenails. Skeletal surveys were performed on each child at the Hershey Medical Center. AK.'s survey showed that she had sustained 18 rib fractures and 12 fractures of her arms and legs. In addition, she had a possible skull fracture. Her sister L.K. had sustained 17 rib fractures. All of the fractures on each child were in various stages of healing, indicating that they occurred at different times. Dr. Danielle Boal interpreted the skeletal surveys. She is board certified in radiology and pediatrics. It was her opinion that the majority of the fractures could not have been caused accidentally. She further opined that they were caused by various intentional actions, i.e. shaking the children, as well as bending and jerking their extremities. Other physicians testified regarding the non fracture injuries, including the blood under the fingernails and toenails, as well as the extensive bruising. They concluded that the majority, if not all, of those injuries had been intentionally caused. Dependency and Abuse "A finding of abuse may support an adjudication of dependency." Matter of CR.S., 696 A2d 840, 843 (Pa.Super. 1997). "Child abuse" is "any act or failure to act by a perpetrator which causes non-accidental serious physical injury to a child under 18 years of age." See 23 Pa. C. S.A S 6303 (b) (1) (i). This definition is contained in the Child Protective Services Act and incorporated into to the Juvenile Act's definition of 2 NO. CP-21-mVENILE 141 - 2004 dependent child. 42 Pa. C.S.A. S 6302. See CR.S., Supra, 696 A.2d at 843, Fn. 5. An injury that causes "severe pain" is sufficient to meet the definition of "serious physical injury." 23 Pa. C.S.A. S 6303 (a). We thoroughly reviewed the transcripts in the instant case. We found the medical evidence to be overwhelming that the multiple injuries to these children were intentionally caused. We further found that the parental explanations as to the possible accidental nature of the injuries were both inconsistent and incredible. Thus we were satisfied by clear and convincing evidence that the children were abused and dependent. The abuse occurred while the children were in the care of their parents. It was of such a nature (intentionally caused) that it "normally would not have occurred except by reason of acts or omissions" of those caretakers. In Interest of JR. W, 428 Pa. Super. 597, 631 A.2d 1019, 1024 (1993); we were satisfied that there was "prima facie" evidence that the abuse was committed at the hands of father, and that mother was a perpetrator by omission. 23 Pa. C.S.A. 6381 (d). We were further satisfied that the children could not be safely reunited with either parent until appropriate services had been completed.4 Aggravated Circumstances The Juvenile Act authorizes the finding of aggravated circumstances if "( t )he child or another child of the parent has been the victim of physical abuse resulting in serious bodily injury, sexual violence or aggravated physical neglect by the parent." 42 Pa. C.S.A. S 6302. As noted above, we found by clear and convincing evidence that the 4 Although we found the existence of "aggravated circumstances," we directed the agency to work toward reunification of the parents and the children. 3 NO. CP-21-mVENILE 141 - 2004 children were the subject of physical abuse. We further found that the abuse occurred at the hands of their parents. The major thrust of the parents' argument is that the injuries sustained by the children do not meet the definition of "serious bodily injury" contained in the Juvenile Act. They correctly point out that the definition of "serious bodily injury" in the Juvenile Act differs from the definition of "serious physical injury" which is needed to find child abuse. We agree. However, we are satisfied that the dozens of fractures, including a possible skull fracture, sustained by these children met the definition of "seriously bodily injury" contained in the Juvenile Act. 5 Any argument to the contrary defies logic and common sense. DATE Edward E. Guido, J. Lindsay Dare Baird, Esquire Megan Malone, Esquire Kathleen Shaulis, Esquire Jacqueline M. Verney, Esquire Juvenile Probation CCC&Y CASA 5 The Juvenile Act defines "serious bodily injury" as follows: Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. 42 Pa. C.S.A. ~ 6302. 4