In the Matter of: L.Z.

The Pennsylvania Supreme Court granted review in this case to consider whether the Superior Court exceeded its scope and standard of review by substituting its judgment for that of the trial court in determining whether the child at issue in this case suffered abuse and whether that abuse was perpetrated by his mother. In 2011, twenty-one-month-old L.Z. was brought to Abington Memorial Hospital by L.F., his mother, and R.F., his maternal-aunt, who lived and cared for child together, to be treated for a deep cut nearly halfway around the base of his penis. The physicians also observed a dark bruise in the buckle area (above the jawbone and below the cheekbone) of Child's right cheek and another on his left cheekbone, as well as a severe diaper rash and yeast infection on the front of his body. The child was also unkempt with very dirty legs and feet. The presentation of these injuries was consistent with abuse and inconsistent with several explanations given by Mother and Aunt, which led the treating physicians to suspect that the injuries were non-accidental. The hospital staff filed a report with the Philadelphia Department of Human Services (DHS). After initial emergency proceedings, the court placed the child in protective custody, with physical custody given to Child's maternal grandfather. At an adjudicatory hearing at which Mother was present and represented by counsel but did not testify, the court considered DHS's dependency and aggravated circumstances petitions. The trial court determined that the Mother perpetrated the abuse, and that medical evidence presented by DHS demonstrated the child's injuries were neither accidental nor self-inflicted. The Superior Court reversed the trial court, and the Supreme Court's review of this matter centered on whether the Superior Court misapplied the Child Protective Services Law's (CPSL) definition of child abuse and whether the court misconstrued the evidentiary presumption of 23 Pa.C.S. 6381(d), which provided that when a child incurs abuse not ordinarily suffered absent acts or omissions of a parent or other person responsible, the fact of abuse suffices to establish prima facie evidence of abuse by the parent or person responsible. The Supreme Court concluded that the Superior Court indeed misapplied the CPSL and misconstrued the evidentiary presumption of 23 Pa.C.S. 6381(d). Accordingly, the decision of the Superior Court was reversed and the trial court's order reinstated. View "In the Matter of: L.Z." on Justia Law