In Re: Petition of: The Allegheny County Office of Children, Youth and Families (Summary Disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT IN RE: S.J., A MINOR PETITION OF: THE ALLEGHENY COUNTY OFFICE OF CHILDREN, YOUTH AND FAMILIES : : : : : : : : : : : No. 393 WAL 2005 Petition for Allowance of Appeal from the Order of the Superior Court entered April 28, 2005 at No. 1593WDA2004, affirming the Order of the Court of Common Pleas of Allegheny County, entered September 1, 2004 at No. 1921-02. ORDER PER CURIAM AND NOW, this 18th day of April, 2006, the Petition for Allowance of Appeal is hereby GRANTED only with respect to Petitioner's claim that the Superior Court failed to consider Curtis v. Kline, 666 A.2d 265 (Pa. 1995). The case is REMANDED to the Superior Court, which shall consider and address Petitioner's argument that the trial court's order cannot be reconciled with this Court's decision in Curtis. Furthermore, Respondent s Application to Vacate Supersedeas is hereby DENIED.

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