In the Int. of: E.H., Appeal of: E.B.H.
CourtSuperior Court of Pennsylvania
Date FiledNovember 2, 2026
Docket463 WDA 2026
JudgeNeuman
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
J-S34018-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
IN THE INTEREST OF: E.H., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
APPEAL OF: E.B.H., FATHER :
:
:
:
:
: No. 463 WDA 2026
Appeal from the Order Entered March 10, 2026
In the Court of Common Pleas of Allegheny County Juvenile Division at
No(s): CP-02-DP-0000668-2025
IN THE INTEREST OF: M.H., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
APPEAL OF: E.B.H., FATHER :
:
:
:
:
: No. 464 WDA 2026
Appeal from the Order Entered March 10, 2026
In the Court of Common Pleas of Allegheny County Juvenile Division at
No(s): CP-02-DP-0000667-2025
BEFORE: KING, J., NEUMAN, J., and BENDER, P.J.E.
MEMORANDUM BY NEUMAN, J.: FILED: NOVEMBER 2, 2026
E.B.H. (“Father”) appeals from the orders dated February 18, 2026, and
entered on March 10, 2026, in the Court of Common Pleas of Allegheny County
Juvenile Division, directing E.H. (born November 2023) and M.H. (born
February 2025) (collectively “Children”) to remain in their current foster
J-S34018-26
placement following their dependency adjudications.1, 2 Father challenges the
trial court’s dispositional decision to keep Children in their current placement,
its decision during the adjudicatory hearing to admit certain evidence, and the
effectiveness of court-appointed counsel’s representation. After careful
review, we affirm the adjudicatory and dispositional decisions but remand
these cases to allow the trial court to correct its dispositional orders consistent
with this memorandum.
The trial court summarized the relevant factual background of this
matter as follows:
The Allegheny County Office of Children Youth and Families
(“CYF”) became involved with Children on November 17, 2025[,]
following a disclosure from their 10[-]year[-]old half-sister,
Y.H.,[3] that Father physically disciplined her and had touched her
inappropriately. Following a forensic interview of Y.H., CYF
obtained a verbal Emergency Custody Authorization to remove all
three children from [the] parents’ care. All three children were
placed in the foster home of S.K. and M.K. At the time of removal,
E.H. was one year old and M.H. was eight months old. In early
December 2025, [E.H.] and [M.H.] were placed in a new foster
____________________________________________
1 These appeals are properly before us, as “it is the dispositional order
following a dependency adjudication that is a final appealable order.”
Interest of J.M., 219 A.3d 645, 651 (Pa. Super. 2019).
2 By per curiam order dated April 16, 2026, this Court sua sponte consolidated
the appeals at docket nos. 463 and 464 WDA 2026, as the appeals involve
related parties and issues. See Pa.R.A.P. 513.
3 Y.H. is not a subject of the instant appeals. See Trial Court Opinion (“TCO”),
6/11/26, at 1 n.1. The three children share the same mother; however, the
biological father of Y.H. is S.B. Dispositional Order, 3/10/26, at 2.
-2-
J-S34018-26
home of A.C. and C.V. [(collectively “Foster Parents”)], due in part
to some challenging behavioral issues with E.H.
Following Children’s removal, both [M.H.C. (“Mother”)] and Father
[(collectively “Parents”)] were charged with criminal offenses
related to Y.H.’s disclosures. Mother was charged with one felony
count of endangering the welfare of children. Father was charged
with numerous felonies including rape, aggravated indecent
assault, unlawful contact with a minor, indecent assault,
corruption of minors, and indecent exposure.
On January 27, 2026, the [c]ourt conducted an adjudicatory
hearing in these matters during which Mother and Father were
represented by separate counsel. At the time, Father was
incarcerated in the Allegheny County Jail and participated by
video. Father had been denied bail related to his criminal charges,
and an anticipated release date was unknown. Mother was
detained in an Immigration and Customs Enforcement (“ICE”)
detention center in West Virginia and participated by telephone.
Mother’s eligibility for release was unknown and remained subject
to the control of the United States immigration authorities.
During the hearing, the [c]ourt heard brief testimony from Dr.
Margaret Russell, an attending physician at Children’s Hospital
Child Advocacy Clinic, and Detective Julie Turney. Dr. Russell
confirmed CYF’s offer of proof that had she been called to testify,
she would have testified that her physical examinations of E.H.
and M.H. did not independently raise concerns for maltreatment.
The [c]ourt admitted the following exhibits with no objections
from counsel:
• CYF Exhibit 1: E.H.’s follow[-]up consult note from
January 12, 2026;
• CYF Exhibit 2: Y.H.’s follow-up consult note from
December 19, 2025;
• CYF Exhibit 3: Y.H.’s initial consult note from November
18, 2025; and
• CYF Exhibit 4: Interview summary of Y.H.’s forensic
interview conducted on November 17, 2025[,] at the
Child Advocacy Center at UPMC Children’s Hospital.13
-3-
J-S34018-26
13 In the Dispositional Order dated February 18, 2026, [and
entered on March 10, 2026,] the [c]ourt summarized CYF
Exhibit 4 as follows:
CYF Exhibit 4 is the written summary of the forensic
interview of [Y.H.] conducted at the Children’s
Advocacy Center at Children’s Hospital. The interview
was conducted on 11/17/25. In it, [Y.H.] made
credible disclosures of sexual abuse by [Father],
including credible disclosures of penetration. [Y.H.]
further provided a credible description of her
observation of [Father’s] ejaculating. [Y.H.] also
made credible disclosures of threats of physical
violence made by [Father] against Mother and against
[Y.H].
[Dispositional Order, 3/10/26, at 3 ¶ 16.]
No additional testimony or exhibits were offered or admitted, and
the [c]ourt adjudicated Children dependent under subsection 1 of
the definition of dependent child.[4, 5] The [c]ourt then found that
placement of … Children remained clearly necessary as neither
parent was available to care for them.
On February 10, 2026, the parties appeared for the dispositional
hearing to address, among other things, Parents’ requests that
Children be placed with a paternal aunt, Ye.H., with childcare and
other assistance to be provided by another paternal aunt, K.B.,
who resided in the same household as Parents and Children prior
to their removal. During the hearing, all parties agreed that, while
the law requires both CYF and the [c]ourt to give preference to
kinship caregivers including blood relatives, the [c]ourt must
make a dispositional decision reflecting the child’s best interests
based on the evidence presented. The [c]ourt heard testimony
from the following witnesses: Anjelica Salih[,] CYF Casework
____________________________________________
4 See 42 Pa.C.S. § 6302 (defining ‘dependent child’ as “[a] child who: (1) is
without proper parental care or control, subsistence, education as required by
law, or other care or control necessary for his physical, mental, or emotional
health, or morals”).
5 The orders of adjudication are dated January 27, 2026, and were entered on
the docket on February 9, 2026. TCO at 1 n.1. The court also adjudicated
Y.H. dependent that same day. Id.
-4-
J-S34018-26
Supervisor; Mother; K.B., paternal aunt; Ye.H., paternal aunt;
S.K., foster parent to Y.H.; and A.C., foster parent to Children.
Both the casework supervisor and Children’s foster parent
reported … Children are doing well in their current placement[;] …
regarding E.H. specifically, they have seen improvement with his
behavioral concerns. Children’s foster parent also spoke of the
efforts he and his wife have made to get Children involved with
Alliance for Infants and Toddlers, and their current and future
plans for childcare with the help of extended family. Further, [the]
foster parents for both Children and Y.H. have been working
together to facilitate sibling visitation, which all three children
enjoy.
CYF recommended … Children stay in their current foster
placement[,] as the agency had “serious concerns” regarding
[the] paternal aunts’ understanding of why Father is
incarcerated.18 During their respective testimony, both paternal
aunts expressed confusion about Father’s incarceration. Ye.H.
testified … she did not believe there could be charges against
Father. Similarly, K.B. testified … she believed Y.H. lied and … the
allegations of abuse were false. Further, K.B. spoke negatively
about Y.H. and referred to her as a “rebel[.”] Despite their
confusion, both paternal aunts expressed their intention to comply
with any court orders should Children be placed in their care.
18 CYF also noted … the agency was unable to complete full
assessments and criminal background checks on various
family members. However, this played no role in the
[c]ourt’s ultimate decision to keep Children in their current
foster placement.
Following the testimony, the [c]ourt needed an opportunity to
review the exhibits entered on the first day of the hearing before
announcing a decision regarding disposition. The parties next
appeared before the [c]ourt on February 18, 2026, at which time
the [c]ourt ordered … Children were to remain in their current
foster placement. When announcing the disposition, the [c]ourt
gave a description of the facts and reasoning supporting its
decision to keep Children in their foster placement rather than
place them in the care of their paternal aunt.
First, the [c]ourt observed that, although the criminal court
proceeding regarding Father has yet to conclude, the evidence it
was entitled to rely upon during the dispositional phase of these
proceedings established … Y.H. experienced abuse in the
-5-
J-S34018-26
household, and further, … Father’s family had yet to understand
or confront the current situation. The [c]ourt found … it was not
in … Children’s best interests to be placed with family “who have
not yet begun to understand what happened.”
Second, the [c]ourt noted … the three siblings deserve to have a
continuing relationship with one another. Given the views
expressed by paternal aunts, specifically those of K.B. regarding
Y.H., the [c]ourt did not believe the family could effectively
facilitate the ongoing relationship between Children and their
sister who would remain in her current foster placement.
Last[ly], the [c]ourt noted the uncertainty and disruption that
comes with multiple placement changes for dependent children
and that E.H. and M.H. had already experienced one change in
placement after removal from Parents’ care. While Ye.H. is willing
to care for Children, she has not been a caregiver for them in the
past. Children have been in their current placement for a few
months, and they are doing well.
In arriving at its decision to maintain Children’s placement, the
[c]ourt considered the importance of both their English and
Spanish language development in order to maintain a relationship
with Mother, who speaks primarily Spanish, and other extended
family. Accordingly, the [c]ourt ordered ongoing visits between
Children and Parents, Children and Y.H., as well as with paternal
relatives, many of whom reside in the area.
TCO at 2-8 (some footnotes omitted; some formatting altered).
On March 31, 2026, Father filed timely notices of appeal, and after being
directed to do so, he filed concise statements of errors complained of on
appeal pursuant to Pa.R.A.P. 1925(b). The trial court later filed its Rule
1925(a) opinion.
Herein, Father presents the following issues for our review:
1. Did the trial court abuse its discretion when it admitted the
double hearsay summary report of the complainant’s forensic
interview at the adjudication hearing in violation of the
Pennsylvania Rules of Evidence and the [t]ender [y]ears
exception, 42 Pa.C.S. § 5985.1?
-6-
J-S34018-26
2. Did the trial court abuse its discretion when it found credible
and assigned weight to the allegations in the double hearsay
summary report at the disposition hearing over the sworn, in-
court testimony of the paternal relatives even though the
summary report was never admitted into evidence, and there
were no facts of record to support the findings?
3. Did the trial court abuse its discretion when it placed the
children in foster care with non-Spanish-speaking strangers
rather than with ready and available relatives based on its
finding that the allegations presented in the double hearsay
summary report were more credible and reliable than the
sworn, in-person testimony of the paternal aunts?
4. Did trial counsel provide ineffective assistance when she made
no objection to the admission of the double hearsay summary
report at the adjudication hearing or the disposition hearing
without ever having seen the forensic interview recording,
without having reviewed the forensic interview with her client,
and without investigating or testing the accuracy and reliability
of the allegations presented in the summary report in any way?
Father’s Brief at 7-8.6
Preliminarily, we note:
[T]he standard of review in dependency cases requires an
appellate court to accept the findings of fact and credibility
determinations of the trial court if they are supported by the
record, but does not require the appellate court to accept the
lower court’s inferences or conclusions of law. Accordingly, we
review for an abuse of discretion.
In re R.J.T., 9 A.3d 1179, 1190 (Pa. 2010). “The trial court is free to believe
all, part, or none of the evidence presented and is likewise free to make all
credibility determinations and resolve conflicts in the evidence.” Interest of
X.P., 248 A.3d 1274, 1276 (Pa. Super. 2021) (citation omitted). “We accord
great weight to the trial court’s fact-finding function because the trial court is
____________________________________________
6 We have reordered Father’s issues for ease of disposition.
-7-
J-S34018-26
in the best position to observe and rule on the credibility of the parties and
witnesses.” In Interest of C.K., 165 A.3d 935, 941 (Pa. Super. 2017)
(cleaned up).
Additionally, we recognize, “A dependency hearing is a two-stage
process governed by the Juvenile Act[, 42 Pa.C.S. §§ 6301-6387].” Interest
of S.D., 334 A.3d 919, 925 (Pa. Super. 2025).
The first stage requires the court to hear evidence on the
dependency petition and to determine whether the child is
dependent. See 42 Pa.C.S. § 6341(a). Section 6302[] defines a
‘dependent child,’ in part, as one who:
is without proper parental care or control, subsistence,
education as required by law[,] or other care or control
necessary for his physical, mental or emotional health, or
morals. A determination that there is a lack of proper
parental care or control may be based upon evidence of
conduct by the parent … that places the health, safety[,] or
welfare of the child at risk[.]
42 Pa.C.S.[] § 6302(1). This Court has held a child will be
declared dependent when he is presently without proper parental
care or control, and when such care and control are not
immediately available. See In re G.T., 845 A.2d 870, 872 (Pa.
Super. 2004). Proper parental care has been defined as “that care
which (1) is geared to the particularized needs of the child and (2)
at a minimum, is likely to prevent serious injury to the child.” In
re A.B., 63 A.3d 345, 349 (Pa. Super. 2013) (internal quotation
marks and citation omitted). “The question of whether a child is
lacking proper parental care and control encompasses two
discrete questions: whether the child presently is without proper
parental care and control, and if so, whether such care and control
are immediately available.” In re M.W., 842 A.2d 425, 428 (Pa.
Super. 2004) (citation omitted). In answering the first question,
the paramount concern is the “welfare of the child at the time of
the hearing.” In the Interest of Black, … 417 A.2d 1178, 1183
([Pa. Super.] 1980). In answering … the second question, “it may
be necessary for the hearing court to look to the future.” Id. at
1182.
-8-
J-S34018-26
A finding that a child is dependent requires proof by “clear and
convincing evidence,” i.e., testimony that is “so clear, direct,
weighty, and convincing as to enable the trier of facts to come to
a clear conviction, without hesitancy, of the truth of the precise
facts at issue.” Matter of C.R.S., 696 A.2d 840, 843 (Pa. Super.
1997) (internal quotation marks and citation omitted). If the
court finds a child dependent, it proceeds to the second stage of
the dependency process, which requires an appropriate
disposition based on the best interest of the child pursuant to
section 6351(a) and (b). See 42 Pa.C.S.[] § 6341(a), (c); see
also In re B.S., 923 A.2d 517, 521 (Pa. Super. 2007).[7]
Id. at 925-26. During a dispositional hearing following the finding of
dependency, “all evidence helpful in determining the questions presented,
including oral and written reports, may be received by the court and relied
upon to the extent of its probative value even though not otherwise competent
in the hearing on the petition.” 42 Pa.C.S. § 6341(d)(1)(i); see also 42
Pa.C.S. § 6341(d)(2) (“The parties or their counsel shall be afforded
opportunity to examine and controvert written reports so received and to
cross-examine individuals making the reports.”).
We address Father’s first two issues together, as they both relate to CYF
Exhibit 4. Specifically, Father challenges the trial court’s admission of CYF
Exhibit 4 into evidence at the adjudicatory hearing, as well as the weight it
prescribed to the allegations contained within said exhibit at the dispositional
____________________________________________
7 “The ‘disposition’ of a dependent child refers to where the child will live,
under what conditions, and who will assume physical and/or legal custody.”
Interest of V.B., No. 438 EDA 2023, unpublished memorandum at 6 n.3 (Pa.
Super. filed Aug. 29, 2023); see also Pa.R.A.P. 126(b) (stating unpublished
non-precedential decisions of the Superior Court filed after May 1, 2019, may
be cited for their persuasive value).
-9-
J-S34018-26
hearing, on the grounds that the exhibit constitutes inadmissible hearsay. We
review the merits of these claims mindful of the following:
“It is well settled that questions concerning the admission or
exclusion of evidence in dependency proceedings are within the
sound discretion of the trial court and will be reversed on appeal
only where a clear abuse of that discretion exists.” In re J.J., 69
A.3d 724, 730 (Pa. Super. 2013) (citation omitted). “The Rules
of Juvenile Court Procedure provide that in adjudications, each
party shall have an opportunity to present evidence subject to the
rules of evidence. Pa.R.J.C.P. 1406(C), cmt.” Interest of I.R.-
R., 208 A.3d 514, 519 (Pa. Super. 2019)…; see also In Interest
of Gonzalez, … 386 A.2d 586, 589 ([Pa. Super.] 1978) (stating,
“The Juvenile Act states … all proceedings shall be conducted in
an informal but orderly manner. This of course does not mean …
all rules of evidence are abandoned”; but noting … the Juvenile
Act “does provide the judge wide latitude in assuring … the truth
is brought out and the philosophy and purpose of the Juvenile Act
is realized.” (footnotes omitted)).
“To constitute reversible error, an evidentiary ruling must not only
be erroneous, but also harmful or prejudicial to the complaining
party.” Interest of K.D.-Z., 330 A.3d 831, 837 (Pa. Super. 2025)
(citation omitted). “A party suffers prejudice when the trial court’s
error could have affected the verdict.” Commonwealth v.
Tyack, 128 A.3d 254, 257 (Pa. Super. 2015) (citation omitted).
Interest of A.J., 345 A.3d 374, 387 (Pa. Super. 2025) (cleaned up).
“Hearsay is an out-of-court statement offered to prove the truth of the
matter asserted.” Heddings v. Steele, 526 A.2d 349, 351 (Pa. 1987); see
also Pa.R.E. 801(c) (defining ‘hearsay’).
As a general rule, hearsay is inadmissible, because such evidence
lacks guarantees of trustworthiness fundamental to our system of
jurisprudence. The rule against admitting hearsay evidence stems
from its presumed unreliability, because the declarant cannot be
challenged regarding the accuracy of the statement. Notably, it
is elemental that an out[-]of[-]court statement which is not
offered for its truth, but to explain the witness’ course of
conduct[,] is not hearsay.
- 10 -
J-S34018-26
Interest of A.J., 345 A.3d at 387 (citation omitted). Hearsay may be
admissible if it falls within one of the exceptions delineated in the Pennsylvania
Rules of Evidence or within an exception prescribed by the Pennsylvania
Supreme Court or by statute. See In re A.J.R.-H., 188 A.3d 1157, 1167 (Pa.
2018) (citing Pa.R.E. 802); Interest of A.J., 345 A.3d at 388; see also
Interest of V.B., No. 438 EDA 2023, unpublished memorandum at 4
(“Hearsay within hearsay — or ‘double hearsay’ as it is sometimes referred —
is not excluded by the rule against hearsay if each part of the combined
statements conforms with an exception to the rule.”) (citing Pa.R.E. 805).
Here, Father claims the trial court erred in admitting CYF Exhibit 4 — a
written summary report of Y.H.’s forensic interview — during the adjudication
hearing, because the report constitutes double hearsay and does not fall
within the tender years exception8 or any other hearsay exception. Father’s
Brief at 18, 23; see also id. at 18 (“The report constitutes double hearsay[,]
as neither the child nor the interviewer testified, and the underlying video
recording was never presented or reviewed.”). Father notes the trial court’s
dispositional orders list the criminal allegations made by Y.H. against Father
____________________________________________
8 The tender years exception is codified at Section 5985.1 of the Tender Years
Act, 42 Pa.C.S. §§ 5981-5988, and “allows for the admission of a child’s out-
of-court statement due to the fragile nature of young victims of sexual abuse.”
Commonwealth v. Wilson, 286 A.3d 1288, 1295 (Pa. Super. 2022) (citation
omitted). Pursuant to Section 5985.1(a), an out-of-court statement made by
a child victim or witness may be introduced into evidence if: “(i) the court
finds, in an in camera hearing, … the evidence is relevant and … the time,
content[,] and circumstances of the statement provide sufficient indicia of
reliability; and (ii) the child either: (A) testifies at the proceeding; or (B) is
unavailable as a witness.” 42 Pa.C.S. § 5985.1(a)(1) (formatting altered).
- 11 -
J-S34018-26
and referenced in CYF Exhibit 4 among the facts it considered in concluding
Children were dependent. Id. at 27. As such, he contends the trial court
relied on inadmissible evidence in adjudicating Children dependent and
therefore requests this Court vacate both the adjudicatory and dispositional
orders and remand for a new adjudication hearing and disposition hearing.
Id. at 23, 25; see also id. at 25 (“The adjudication order should be vacated.
Once the adjudication order is vacated, the disposition order must be vacated
as well, as the former must precede the latter. Pa.R.J.C[iv.]P. 1409.”).
In response, the trial court acknowledged it admitted CYF Exhibit 4
during the adjudicatory portion of the hearing on January 27, 2026. See TCO
at 12. However, it clarified “the [c]ourt did not take the time to review and
consider it before adjudicating Children dependent.” Id.; but see
Dispositional Order, 3/10/26, at 3 ¶ 16 (referencing CYF Exhibit 4 as evidence
supporting the dependency adjudication). In fact, the trial court conveyed it
“did not review CYF Exhibit 4 until after the conclusion of testimony during
the dispositional portion of the hearing.” TCO at 12 (emphasis added). Hence,
the trial court opined its reference to CYF Exhibit 4 in its dispositional order
merely constitutes a harmless error, which “can easily be corrected by
entering amended findings that do not include Paragraph 16 in the section
supporting the adjudication of dependency.” Id.
A review of the hearing transcripts confirms the trial court’s accounting.
For instance, immediately following the admission of CYF Exhibit 4 during the
adjudicatory hearing, the trial court confirmed with the parties’ counsel that
- 12 -
J-S34018-26
there was nothing further they wished to present related to adjudication and
then announced, “I am adjudicating all three children dependent.” See N.T.,
1/27/26, at 27-28. Subsequently, towards the end of the dispositional
hearing, the trial judge stated, “[T]here are some exhibits from last time that
I have not looked [sic] and wish to before I make a decision.” N.T., 2/10/26,
at 65; see also Interest of V.B., No. 438 EDA 2023, unpublished
memorandum at 8 (recognizing “our trial judges are perfectly capable of
entertaining a thought for one purpose, without accepting it for another”).
Moreover, the trial court expressly stated it adjudicated Children
dependent because neither parent was available to care for them. See N.T.,
1/27/26, at 28; TCO at 4-5. The trial court’s dependency adjudication is
supported by clear and convincing evidence in the record. See N.T., 1/27/26,
at 21 (Mother’s counsel stipulating that as of the date of the adjudication
hearing, Mother is “in ICE detention and … her status remains subject to the
control of the U.S. Immigration authorities”); id. at 23 (Father’s counsel
stipulating that Father is currently incarcerated in the Allegheny County Jail,
Father has been denied bail, and his anticipated release date is currently
unknown); see also In re G.T., 845 A.2d at 872 (stating a child will be
declared dependent when he is presently without proper parental care or
control and when such care and control are not immediately available).
Based on the foregoing, it is evident the trial court’s admission of CYF
Exhibit 4 had no effect on its adjudicating Children dependent; thus, we
discern no reversible error in the trial court’s admission of said evidence. See
- 13 -
J-S34018-26
Interest of K.D.-Z., 330 A.3d at 837 (“To constitute reversible error, an
evidentiary ruling must not only be erroneous, but also harmful or prejudicial
to the complaining party.”). Additionally, we conclude the reference to the
exhibit in the portion of its dispositional order supporting the adjudication of
dependency constitutes a harmless error. As such, we remand to allow the
trial court to amend its March 10, 2026 dispositional orders, omitting any
reference to CYF Exhibit 4 as evidence supporting the dependency
adjudication.
Father further claims he “was never afforded the opportunity to examine
and controvert the written summary report at the disposition hearing because
it was never introduced into evidence.” Father’s Brief at 29 (citing 42 Pa.C.S.
§ 6341(d)(2)). Nevertheless, even if this Court determines CYF Exhibit 4 was
properly admitted into evidence, Father contends the trial court abused its
discretion in finding the double hearsay summary report credible and
assigning more weight to it than to the paternal aunts’ sworn testimony for
the purpose of determining disposition. See id. at 29-32. Father argues the
trial court could not properly assess the credibility of the allegations contained
within the written summary report of Y.H.’s forensic interview, “because the
witness did not testify, nor was her recorded interview admitted into
evidence.” Id. at 31. He adds, “The allegations were not corroborated by any
other evidence, such as physical or medical evidence. The allegations were
contradicted by the in-court, sworn testimony of the paternal aunts.” Id.;
see also id. at 35 (arguing even though the evidentiary rules are relaxed at
- 14 -
J-S34018-26
the disposition hearing, “the evidence relied on by the trial court must be
reliable (accurate) and credible (believable)”); id. at 36 (suggesting even if
the tender years exception is not technically applicable at the disposition
hearing, it provides guidance as to “how a trial court should determine the
weight afforded hearsay statements attributed to a child”). Hence, he
concludes the trial court’s credibility determinations are not entitled to any
deference. Id. at 32, 38. Father’s arguments are unavailing.
Contrary to Father’s assertion that CYF Exhibit 4 was never admitted
into evidence, the record indicates the written summary of Y.H.’s forensic
interview was admitted into evidence at the January 27, 2026 hearing, “with
no objections from counsel[.]” TCO at 4; see also N.T., 1/27/26, at 27. To
the extent Father appears to suggest the exhibit cannot be considered for the
purpose of determining disposition because it was admitted into evidence
during the adjudicatory portion of the hearing rather than the dispositional
portion, we deem this argument waived because Father fails to cite to any
legal authority in support of his position or to engage in any meaningful
discussion of the law. See Umbelina v. Adams, 34 A.3d 151, 161 (Pa.
Super. 2011) (“[W]here an appellate brief fails to provide any discussion of a
claim with citation to relevant authority or fails to develop the issue in any
other meaningful fashion capable of review, that claim is waived.”); see also
Banfield v. Cortes, 110 A.3d 155, 168 n.1 (stating this Court will not develop
an argument on behalf of the appellant).
- 15 -
J-S34018-26
Alternatively, Father essentially asks us to re-weigh the evidence and
re-assess the trial court’s credibility determinations, which we cannot and will
not do. It is well-established, “[T]his Court defers to the trial court as fact-
finder on issues of credibility and weight of the evidence, and it is not for this
Court to reweigh the evidence on appeal.” A.C. v. J.B., No. 1751 EDA 2022,
unpublished memorandum at 14 (Pa. Super. filed Mar. 8, 2023) (citing Klos
v. Klos, 934 A.2d 724, 728 (Pa. Super. 2007)); see also Interest of X.P.,
248 A.3d at 1276 (“The trial court is free to believe all, part, or none of the
evidence presented and is likewise free to make all credibility determinations
and resolve conflicts in the evidence.”).
Moreover, we recognize that during a dispositional hearing following a
dependency finding, Section 6341(d) of the Juvenile Act explicitly permits the
trial court to rely on “all evidence helpful in determining the questions
presented, including oral and written reports, … to the extent of its
probative value even though not otherwise competent in the hearing on
the petition.” 42 Pa.C.S. 6341(d)(1)(i) (emphasis added); see also Matter
of J.P., 573 A.2d 1057, 1065 (Pa. Super. 1990) (noting “all evidence including
some hearsay may be received in disposition,” pursuant to Section 6341(d));
TCO at 13 (explaining Section 6351 of the Juvenile Act grants trial courts
broad discretion to enter a disposition that serves the child’s bests interests
and the relaxed standard set forth in Section 6341(d) applies to this stage of
the proceeding). Here, the trial court found “[CYF] Exhibit 4 carried significant
probative value sufficient to conclude, for purposes of disposition, that Y.H.
- 16 -
J-S34018-26
experienced some form of sexual abuse by Father.” TCO at 15. Based on the
foregoing, we conclude the trial court properly exercised its discretion to weigh
the evidence presented, and we discern no abuse of discretion in the trial
court’s consideration of the written summary of Y.H.’s forensic interview for
the limited purpose of determining Children’s disposition following their
dependency adjudication.
Next, Father claims “[t]he trial court abused its discretion when it placed
[Children] in foster care with strangers rather than with their paternal aunts.”
Father’s Brief at 54; see also id. at 58 (contesting “the trial court’s decision
to credit the double hearsay summary report over the sworn testimony of the
paternal aunts”); id. (“Rather than place [Children] with their paternal aunts,
who they knew and [with whom they] shared a common language and culture,
the trial court chose to place them with [non-Spanish-speaking] strangers.”).
In support, Father baldly avers, “The trial court’s chauvinistic disregard for the
family’s language and culture demonstrates … it did not consider the best
interests of … [C]hildren when it placed them in foster care with strangers.”
Id. at 58-59. No relief is due on this claim.
Again, Father asks this Court to re-weigh evidence and re-assess the
trial court’s credibility findings, which we cannot do. See Interest of X.P.,
supra; Interest of C.K., supra; A.C., supra. Additionally, Father’s claim
the trial court failed to consider Children’s best interests and disregarded the
family’s language and culture is belied by the record. Based on our review of
the record, it is clear the trial court “considered and weighed multiple factors
- 17 -
J-S34018-26
affecting … Children’s interests” in determining Children should remain in their
current foster placement. TCO at 13-14; see also id. at 14 (concluding “the
considerations supporting maintaining … Children in their current placement
outweighed those that would support moving … Children to a new
placement”). In doing so, it acknowledged the statutory preference for placing
children with kin when a child’s parents are not available to provide care for
the child. Id. at 13-14; see also id. at 14 n.40 (citing 67 Pa.C.S. § 7507(c)
(“If a child has been removed from the child’s home under a voluntary
placement agreement or is in the legal custody of the county agency, the
county agency shall give first consideration to placement with relatives or
kin.”)). However, it explained:
The [c]ourt may place children with a foster family, although there
might be willing relatives, where foster care is in the best interest
of the children or aggravated circumstances exist. … The goal of
preserving the family unit cannot be elevated above all other
factors when considering the best interests of children, but must
be weighed in conjunction with other factors.
Id. at 14 n.42 (quoting In re Adoption of G.R.L., 26 A.3d 1124, 1127 (Pa.
Super. 2011) (internal citations omitted)).9
Specifically, the trial court considered the following factors in reaching
its dispositional decision: 1) the criminal charges against Father; 2) Children’s
interest in maintaining their relationship with their older sibling, Y.H.; 3)
Children’s need for stability; and 4) Children’s interest in maintaining their
____________________________________________
9 The trial court recognized, “In re Adoption of G.R.L. addressed a prior
version of the kinship care program which had substantially similar provisions
to the version currently enacted.” TCO at 14 n.42 (citation omitted).
- 18 -
J-S34018-26
connections with Spanish-speaking family. See TCO at 14-20; see also id.
at 20 (opining the trial court fashioned a disposition that recognized the
important interests of maintaining Children’s connections with their family and
culture, while according greater weight to the factors that supported
maintaining Children’s current placement). First, the trial court explained the
criminal charges against Father and the evidence related to his conduct
demanded its serious attention. Id. at 14; see also id. at 14-15 (stating
Father is charged with rape and associated other sexual offenses against Y.H.,
who resided in the household with Children); id. at 15 (noting the charges
alone raise obvious safety concerns, but CYF’s Exhibit 4 supplemented and
added weight to the charges). It stressed the importance for any proposed
caregiver for children who resided in a home where child abuse is alleged to
have occurred to treat those allegations seriously and to demonstrate some
understanding of them, especially when the proposed caregiver is a close
family member of the alleged perpetrator of the abuse. Id. at 16-17; see
also id. at 17 (finding Children’s paternal aunts demonstrated no
understanding of the seriousness of the allegations against Father and no
acceptance of even the possibility that the abuse described by Y.H. occurred);
id. (conveying the paternal aunts’ testimony raised serious concerns about
their protective capacity and judgment).
Second, the trial court considered Children’s interest in maintaining their
relationship with their half-sister, Y.H. Id. at 17. It found Foster Parents have
already demonstrated their ability to support Children’s relationship with Y.H.,
- 19 -
J-S34018-26
noting some sibling visits have already taken place and future visits hav