In re M.L.
Supreme Court of Pennsylvania
757 A.2d 849 (2000)
K.L. and R.G., who never married, had a child, M.L., and shared custody, with K.L. holding primary physical custody. K.L. repeatedly complained to Children and Youth Services (CYS) about R.G.'s care during his weekend visits and made six separate, ultimately unsubstantiated, allegations that R.G. sexually abused M.L. Medical staff instead found that K.L.'s deteriorating mental health was leading her to subject M.L. to unnecessary physical examinations. CYS nonetheless filed a dependency petition, and the trial court declared M.L. dependent based on K.L.'s mental-health issues, placing M.L. with R.G. R.G. accepted custody but appealed the dependency finding itself, and the appellate court affirmed.
Whether a child whose non-custodial parent is ready, willing, and able to provide adequate care can be declared a dependent child.