Chester County Children & Youth Services v. Cunningham

ORDER

The court being equally divided, the order of the Superior Court 431 Pa.Super. 421, 636 A.2d 1157 (1994), is affirmed.

PAPADAKOS, J., did not participate in the decision of this case.

FLAHERTY, J., files an opinion in support of affirmance which is joined by ZAPPALA and CAPPY, JJ.

MONTEMURO, J., files an opinion in support of reversal which is joined by NIX, C.J., and CASTILLE, J.

MONTEMURO, J., is sitting by designation.

OPINION IN SUPPORT OF AFFIRMANCE

FLAHERTY, Justice.

The issue is whether foster parents have standing to commence adoption proceedings without the consent of the child welfare…