## Facts

- M.L., born February 6, 1995, is the child of K.L. (mother) and R.G. (father), who were never married but shared custody from birth.
- In May 1996, the mother contacted the county children and youth agency, complaining the father lacked supplies and did not feed the child appropriately during his custodial periods.
- From August 1996 through January 1997, the mother repeatedly alleged the father sexually abused M.L. and subjected the child to six medical examinations for suspected sexual abuse.
- Each examination found no signs of sexual abuse; physicians reported diaper rash or normal redness.
- After continued allegations despite the absence of supporting medical evidence, the county agency filed a dependency petition.
- Following evidentiary hearings in February and March 1997, the trial court adjudicated M.L. dependent and transferred custody to the father.
- The record reflected the father was available and able to provide adequate care, and the dependency order placed the child with him.
- The Superior Court affirmed the dependency adjudication.
- The Supreme Court granted review limited to whether dependency is permissible when a noncustodial parent is ready, willing, and able to provide proper care.

## Issues

1. Whether a child may be adjudicated dependent under Pennsylvania’s Juvenile Act when a noncustodial parent is ready, willing, and able to provide proper parental care and control.

## Decision

- The Supreme Court of Pennsylvania reversed.
- The Court held a child cannot be found dependent when a noncustodial parent is ready, willing, and able to provide adequate care and control.
- Because the father was available and capable of providing proper care, the statutory basis for dependency was not satisfied.

## Legal Principles

- Dependency requires proof the child is “without proper parental care or control”; the availability of a parent able to provide proper care defeats that showing.
- A court may not use dependency jurisdiction to resolve what is effectively a custody dispute between parents when at least one parent can provide adequate care.
- State intervention through dependency proceedings is limited to circumstances where parental care is lacking from any available parent.

## Conclusion

The court concluded that dependency adjudication was improper because the father was a fit, available parent able to provide proper care; the matter could not be treated as a dependency case merely because the other parent was alleged to be unfit.


In re M.L., 757 A.2d 849 (Pa. 2000)