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In the Interest of Y.W.-B.

Pennsylvania Supreme Court
265 A.3d 602 (2021)

Written by Nathan Benedict, JD

Facts

The Philadelphia Department of Health Services (DHS) (plaintiff) received an anonymous report indicating that Y.W.-B. was potentially being neglected by his mother (J.B.) (defendant). The report alleged that J.B. and her children had slept outside the Philadelphia Housing Authority (PHA) office one night and that on the previous day, J.B. was observed outside the PHA office for eight hours with one of her children and it was unknown whether J.B. fed the child during that time. In response to a DHS investigation, J.B. stated that she was not homeless and that she had slept outside the PHA as part of a political protest. A DHS caseworker sought access to J.B.’s home, which she refused without a court order. DHS filed a petition to compel an in-home visit. The petition referenced a prior dependency matter from years ago in which Y.W.-B. was adjudicated dependent and taken into DHS custody for two years until reunified with his family. The trial court found that probable cause existed to grant the petition. The Pennsylvania Superior Court affirmed, and J.B. appealed.

Rule of Law

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Issue

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Holding and Reasoning (Donohue, J.)

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Dissent (Mundy, J.)

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