In the Interest of: N.W.-B. (majority)
Annotate this CaseMother J.B., lived with her two young children (“Y.W.-B” and “N.W.-B”) and the children’s father (“Father”) in Philadelphia. In 2019, the Philadelphia Department of Human Services (“DHS”) allegedly received a general protective services report (“GPS report”) from an unidentified source alleging possible neglect by Mother. Although DHS referenced this GPS report several times at the evidentiary hearing and used it to refresh its sole witness’s recollection, it inexplicably never introduced it into evidence. The proceedings revealed the allegation suggested Mother was homeless and failed to feed one of her children during a single eight-hour period. DHS used this allegation as grounds to enter and inspect the family residence. The issue for the Pennsylvania Supreme Court's review was whether DHS established sufficient probable cause for the trial court to issue the order permitting entry into the home without consent. To this, the Court concluded DHS did not establish probable cause, and thus reversed the order of the Superior Court holding to the contrary.
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