In the Int. of: N.L., a Minor
Docket 1631 MDA 2025
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- Filed
- Jurisdiction
- Pennsylvania
- Court
- Superior Court of Pennsylvania
- Type
- Lead Opinion
- Case type
- Other
- Disposition
- Affirmed
- Judge
- Dubow
- Citation
- 2026 PA Super 72
- Docket
- 1631 MDA 2025
Appeal from a juvenile court order refusing to terminate dependency jurisdiction after the dependent turned 21 and ordering CYS to fund the dependent's transition placement
Summary
The Superior Court of Pennsylvania affirmed the juvenile court's November 7, 2025 order that declined to terminate court supervision of dependent adult N.L. at age 21 and ordered York County Children and Youth Services (CYS) to fund N.L.’s placement until social security benefits were obtained. The juvenile court found that although CYS had developed a transition plan, the plan lacked an enforceable funding source because N.L.’s guardian had not secured benefits. The Superior Court held that a dependency court may continue supervision past 21 when a transition plan is not complete, particularly when income to support placement is not in place.
Issues Decided
- Whether the juvenile court retained jurisdiction to continue supervision of a dependent after the individual turned 21 when the transition plan lacked a funded income source
- Whether CYS satisfied Rule 1631(e) by developing a transition plan sufficient to terminate court supervision
- Whether the juvenile court abused its discretion in ordering CYS to pay for the dependent's placement until social security benefits were obtained
Court's Reasoning
The court relied on Rule 1631(e) and this Court's decision in Interest of R.P., which require an approved transition plan that documents housing, income, medical and support services before terminating supervision. Although CYS had developed a plan, the plan lacked a viable source of income because social security benefits had not been applied for or activated. Given the absence of funding and an unresponsive guardian, the juvenile court reasonably continued supervision to ensure the placement would be financially supported.
Authorities Cited
- Pa.R.J.C.P. 1631(e)
- Interest of R.P.344 A.3d 783 (Pa. Super. 2025)
- 42 Pa.C.S. § 6302
Parties
- Appellant
- York County Children and Youth Services Agency
- Appellee
- N.L.
- Guardian
- Robert Stump
- Guardian
- N.L.'s guardian ad litem
- Judge
- Dubow, J.
Key Dates
- Original dependency adjudication
- 2018-06-18
- Transition plan approved (hearing)
- 2022-06-24
- Permanency review discovering no SSA application
- 2025-06-23
- Juvenile court status hearing and order
- 2025-11-07
- Superior Court decision filed
- 2026-04-10
What You Should Do Next
- 1
Confirm social security application status
The guardian or CYS should promptly verify that the social security application has been filed and track its processing so funding is in place.
- 2
Coordinate funding and placement payments
CYS should ensure payments to the placement provider continue until social security benefits begin, consistent with the juvenile court's order.
- 3
Orphans' Court oversight of guardian
The Orphans' Court should monitor the guardian's performance and, if necessary, take steps to ensure the guardian obtains benefits or appoint a different guardian.
- 4
Prepare for expedited review hearing
Parties should gather documentation of benefit activation and payment arrangements for the expedited review scheduled by the juvenile court.
Frequently Asked Questions
- What did the court decide?
- The court affirmed the juvenile court's decision to keep supervision in place after N.L. turned 21 and to order CYS to fund N.L.'s placement until social security benefits were activated.
- Who is affected by this decision?
- York County CYS, N.L. (the dependent), his legal guardian Robert Stump, and the placement provider are directly affected because CYS was required to fund the placement until benefits began.
- Why didn't the court end supervision when N.L. turned 21?
- Because the required transition plan lacked a secured income source—social security benefits had not been obtained—and the court found that supervision could not be ended until the plan was fully funded and implemented.
- What are the legal grounds for continuing supervision past age 21?
- Pennsylvania Rule of Juvenile Court Procedure 1631(e) and the court’s prior decision in Interest of R.P. require a complete transition plan, including documented income, before terminating supervision.
- Can this decision be appealed further?
- Potentially yes; this was an appeal to the Superior Court and further review could be sought by petitioning the Pennsylvania Supreme Court, subject to that court's discretionary review rules.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
J-A07017-26
2026 PA Super 72
IN THE INTEREST OF: N.L., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
APPEAL OF: YORK COUNTY :
CHILDREN AND YOUTH SERVICES :
AGENCY :
:
:
: No. 1631 MDA 2025
Appeal from the Order Entered November 7, 2025
In the Court of Common Pleas of York County Juvenile Division at No(s):
CP-67-DP-0000216-2018
BEFORE: BOWES, J., DUBOW, J., and NEUMAN, J.
OPINION BY DUBOW, J.: FILED: APRIL 10, 2026
Appellant York County Children and Youth Services Agency (“CYS”),
joined by N.L.’s guardian ad litem (“GAL”), appeals from the November 7,
2025 order entered in the York County Court of Common Pleas in which the
juvenile court denied Appellant’s request to terminate court supervision for
N.L. when N.L. became 21 years old and ordered CYS to pay for N.L.’s new
placement until N.L.’s legal guardian, Robert Stump, secured social security
benefits for N.L.1 CYS argues that the juvenile court did not have jurisdiction
to continue N.L.’s dependency following his 21st birthday because CYS had
“developed” an appropriate transition plan. The trial court disagreed, finding
____________________________________________
1 While an order continuing a child’s goal and placement is not final or
appealable, this order is appealable because it concerns the continuation of
court supervision of a child adjudicated dependent. after a dependent’s 21st
birthday. See Int. of R.P., 344 A.3d 783, 793 (Pa. Super. 2025) (addressing
the issue of continuing juvenile court jurisdiction after dependent’s 21st
birthday).
J-A07017-26
that although CYS had “developed” a transition plan, Mr. Stump had not
properly applied for social security benefits to pay for the plan and thus, N.L.
did not have an acceptable transition plan. After careful review, we affirm.
The relevant facts and procedural history are as follows. On June 18,
2018, the juvenile court adjudicated N.L. dependent due to concerns about
his mother’s lack of supervision and inability to manage his special needs.2
The court placed N.L. at The Woods, a residential treatment facility focused
on lower functioning children and adults with autism.
On June 24, 2022, when N.L. was almost 18 years old, the court held a
hearing and approved a transition plan for N.L. that contemplated a transition
to an adult residential facility when N.L. turned 21. The juvenile court
requested that the Orphans’ Court appoint a legal guardian for N.L’s estate
due to N.L.’s limited ability to address the paperwork necessary for continued
placement and social security benefits. The Orphans’ Court appointed Mr.
Stump as N.L.’s legal guardian.
The juvenile court continued to approve the transition plan at
subsequent permanency review hearings, but identified difficulties in the
transition, including “complex paperwork and difficulties with waiting lists and
requirements for the limited adult residential facilities” as well as “a lack of
communication with the guardian appointed by the Orphans’ Court.” Juvenile
Ct. Op., 12/16/25, at 3.
____________________________________________
2 N.L. is non-verbal autistic and intellectually challenged.
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On June 23, 2025, during a permanency review hearing, the juvenile
court learned that “no one had ever applied for [N.L.’s] social security
benefits,” “which would be necessary [to] determin[e] funding for
implementing the transition plan[.]” Id. The juvenile court referred the case
to the Orphans’ Court in order to review whether Mr. Stump was meeting the
needs of the child. The Orphans’ Court found that Mr. Stump was “properly
managing [N.L.’s] placement” but acknowledged that N.L. did not have any
finances and had not yet obtained social security benefits.3 Orphans’ Ct.
Order, 8/13/25, at 2.
On September 19, 2025, a few months before N.L. turned 21, N.L.
transitioned to adult placement at a group home through Community Options.
Mr. Stump, however, had not yet obtained social security benefits for N.L., so
there were no funds to pay the facility.
On November 6, 2025, four days before N.L.’s 21st birthday, the juvenile
court held a status review hearing. A Community Options program specialist
testified that it had been “challenging getting in regular contact with [] N.L.’s
____________________________________________
3 Although Orphans’ Court found that Mr. Stump properly managed N.L.’s
estate, we question this conclusion in light of the fact that Mr. Stump was
generally unresponsive to those assisting N.L. and, more importantly, had not
even started the process of applying for social security benefits a few months
before N.L. turned 21. Although the Orphans’ Court’s finding is not before us,
we emphasize that if Mr. Stump remains as the guardian of N.L.’s estate, the
Orphans’ Court has the responsibility to oversee Mr. Stump’s stewardship
regularly to ensure that he is meeting his obligations and if not, appoint a new
guardian for N.L.’s estate.
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J-A07017-26
legal guardian,” that the facility was “still waiting for N.L.’s awards letter to
be kicked in with his social security benefit[,]” and that “since N.L.’s moving
in in September, [] room and board payment ha[d] not been submitted[.]”
N.T. Hr’g, 11/6/25, at 10-11.
The court ordered CYS to fund the transition plan because there were
no social security benefits in place. Because of its concern regarding N.L.’s
lack of funding for his transition plan, the court, relying on Interest of R.P.,
344 A.3d 783, 790 (Pa. Super. 2025), declined to terminate jurisdiction and
scheduled an expedited review hearing for February 2026. This timely appeal
followed. CYS and the juvenile court complied with Pa.R.A.P. 1925.
On appeal, CYS raises the following issue for our review: “The [juvenile]
court erred as a matter of law and abused its discretion by extending juvenile
court jurisdiction in N.L.’s dependency case after his 21st birthday based on
its reliance on [] Int[erest] of R.P.” CYS’s Br. at 7.
“Generally, the standard of review in dependency cases is for an abuse
of discretion insofar as the appellate court must accept the [lower] court's
findings of fact and credibility determinations if supported by the record, but
need not accept the court's inferences or conclusions of law.” Int. of R.P.,
344 A.3d at 787. To the extent the instant case involves questions pertaining
to standing and jurisdiction, our standard of review is de novo, and our scope
of review is plenary. See In re Adoption of A.M.W., 289 A.3d 109, 116 (Pa.
Super. 2023); Int. of J.M., 219 A.3d 645, 650 (Pa. Super. 2019).
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Here, N.L. is now over the age of 21 and no longer falls within the
Juvenile Act’s technical definition of a “child.” See 42 Pa.C.S. § 6302
(indicating that “child” is individual who is under the age of 21 and meets
certain criteria). However, this Court recently held that “nothing in Section
6302 suggests that a [juvenile] court in a dependency proceeding is
automatically and irrevocably stripped of jurisdiction as soon as the subject
individual turns twenty-one years old.” Int. of R.P., 344 A.3d at 790.
This case implicates Rule 1631(e), which governs the requirements for
termination of court supervision for individuals over the age of 18. Pa.R.J.C.P.
1631(e). “In pertinent part, [CYS] must prepare and file a transition plan
incorporating the decision-making and input of the subject person.” Int. of
R.P., 344 A.3d at 791 (citing Pa.R.J.C.P. 1631(e)(2)). The transition plan
must include the following:
The transition plan must, at a minimum, address and document
several vital considerations concerning the dependent’s transition
into self-sustained life by virtue of the end of the individual’s court
supervision, including, inter alia: (1) specific housing plans
following discharge from dependency; (2) a description of any
income sources; (3) specific plans for educational and vocational
goals; (4) employment goals and status; (5) a description of the
individual’s continued medical and behavioral health needs; and
(6) a description of any other needed support services.
Id. (citing Pa.R.J.C.P. 1631(e)(2)(i)-(v), (viii)).
“Thereafter, the court is required to ‘review the transition plan’ and
ensure that [CYS] has satisfied these requirements.” Id. (citing Pa.R.J.C.P.
1631(e)(3)). In Interest of R.P., we determined that, even if the dependent
turns 21, the juvenile court “cannot terminate its supervision without
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J-A07017-26
approving an appropriate transition plan” and “can only discharge the person
from its supervision after all of the above listed requirements have been met.”
Id. (citing Pa.R.J.C.P. 1631(e)(4), (f)) (internal quotation marks omitted);
see also id. at 793 (court erred in terminating jurisdiction where “the record
indicat[ed] that significant questions remained at the time of discharge
regarding [the 21-year-old’s] future housing, income, education,
employment, health needs, and support services”).
CYS argues that Superior Court’s analysis in Interest of R.P. does not
apply to these facts because the juvenile court in this case finalized N.L.’s
transition plan while the juvenile court in Interest of R.P. had not “finalized
or ratified” R.P’s transition plan. CYS’s Br. at 8. As a result, this Court, in
Interest of R.P., remanded the appeal “with instructions that dependency
jurisdiction could be terminated once an appropriate transition plan was
approved.” Id.
In contrast, the juvenile court found that the analysis in Interest of
R.P. applied to this case. Juvenile Ct. Op. at 4. The juvenile court emphasized
that further court supervision was required to ensure feasible permanent
placement for N.L. because “as of June 2025, no one could respond to
questions regarding [N.L.]’s social security benefits” and “until such time as
[the benefits] begin, [N.L.] does not have a source of income necessary to
terminate jurisdiction.” Id. at 5, 7. Further, the court explained that:
[The transition plan] must have “a description of the child’s
sources of income.” [Pa.R.J.C.P. 1631(e)(2)(ii).] Without the
source of income being in place, not maybe possibly might be in
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J-A07017-26
place at some point in the future[, t]he transition plan is not
complete. In this specific case, at the time of the last hearing, the
representative from the residential placement for the youth raised
the following concerns: 1) Behavioral issues related to
transitioning to the placement; 2) A monthly payment for room
and board for $712.15 per month[;] . . . and 3) Payment for
clothing, laptop needed for communication and other
miscellaneous expenses.
Id. at 7 (emphasis in original).
We wholeheartedly agree with the juvenile court’s analysis, commend
the juvenile court’s stewardship over this matter, and conclude that it did not
abuse its discretion by continuing to assert jurisdiction over N.L. to ensure
that N.L’s transition plan was properly funded. Although CYS argues that the
juvenile court erred in maintaining jurisdiction because the juvenile court
“approved” the transition plan, this argument is disingenuous. The juvenile
court’s approval is meaningless if funding is not in place to support the
transition plan. The record is clear that at the time of the November hearing,
Mr. Stump, who had only started the application process a few months earlier,
had not secured social security benefits for N.L. and was unresponsive to calls
from his placement.4 With the lack of funding and an unresponsive guardian
for N.L.’s estate, the juvenile court properly extended its jurisdiction to
oversee that N.L.’s transition plan is properly funded. If the juvenile court
had not maintained jurisdiction, it is uncertain that Mr. Stump would meet his
____________________________________________
4 Even CYS admits that “[m]inimal efforts were made by [Mr. Stump] to secure
any entitlement to social security benefits [] until August 2025 when [Mr.
Stump] was brought before the judge of the Orphans’ Court to determine
whether or not he was adequately serving N.L.” CYS’s Br. at 9, n. 1.
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obligations as the guardian of N.L.’s estate and ensure that N.L.’s transition
plan was fully funded.5
We, therefore, affirm the court’s November 7, 2025 order.
Order affirmed.
Judgment Entered.
Benjamin D. Kohler, Esq.
Prothonotary
Date: 04/10/2026
____________________________________________
5 We note that on March 18, 2026, the trial court provided a supplemental
record indicating that Mr. Stump had filed the necessary paperwork for social
security benefits and the social security agency was funding N.L.’s transition
costs. On March 4, 2026, the juvenile court, thus, accepted CYS’s transition
plan and terminated its supervision of N.L. We, however, will not dismiss this
appeal on the grounds of mootness because the jurisdictional issue is “capable
of repetition and apt to elude appellate review.” In re R.D., 44 A.3d 657,
680 (Pa. Super. 2012). Furthermore, based on our review of the supplemental
record, we share the juvenile court’s outrage that CYS had not issued any
payment to Community Options despite the November 7, 2025, order
requiring CYS to fund N.L.’s transition plan until social security benefits were
activated. We, however, leave it to the juvenile court to impose any sanctions
it deems necessary.
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