288 Pa. Super. 284 - In Re AEM’s Empirical Analysis

Citation profile

21 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Before interfering with a parent’s care or control of a child and ordering the intervention of an agency of the state, a court must first determine that the child is dependent.” In the Interest of Theresa E., [287] Pa.Super. [162, 172], 429 A.2d 1150, 1155 (1981). See 42 Pa.C. S.A. § 6341(a). “[T]he fact of dependency must be proved by evidence that is ‘clear and convincing.’ ” In the Interest of Theresa E., supra, 287 Pa.Superior Ct. at [172], 429 A.2d at 1155 . See 42 Pa.C.S.A. § 6341(c). “[I]n determining whether a child is dependent, the hearing judge should not ask what are the child’s ‘best interests’ but whether the child is presently without proper parental care and, if so, whether such care is immediately available.” In the Interest of Pernishek, 268 Pa.Super. 447, 458 , 408 A.2d 872, 877-78 (1979) (citing In the Interest of LaRue, 244 Pa.Super. 218 , 366 A.2d 1271 (1976)). Accord, In the Interest of Theresa E., supra; In the Interest of Black, 273 Pa.Super. 536 , 417 A.2d 1178 (1980). A child who has been adjudicated dependent may not be separated from his parents unless such separation is clearly necessary. 42 Pa.C.S.A. § 6301(b)(3); In the Interest of Theresa E., supra; In re Donna W., [284] Pa.Super. [338], 425 A.2d 1132 (1981) (collecting cases).”

   3 later decisions quote this exact passage
   e.g. 302 Pa. Super. 369 - Matter of Jackson · 293 Pa. Super. 109 - In the Interest of H. B.