Patience is key in
grandparents custody case

By Diane Prokop
Times Staff Writer

Morris and Mildred Brasovankin will return to Family Court next week to try once again to bring their grandson Steven, who is in foster care, back to their Oxford Circle home.
"We’re hanging in there, waiting for the hearing and hoping for the best," Mildred Brasovankin said by phone last week.
The court session is scheduled for Sept. 11. The couple have been trying to get their 5-year-old grandson back since he was removed from their home in June by the city Department of Human Services.
Steven was born to a mother addicted to drugs and a father — the Brasovankins’ son — who recently was ordered by the court to undergo psychological counseling.
According to the Brasovankins’ attorney, Marc Collazzo, Morris, 89, and Mildred, 85, have been the most stable influence in the boy’s life.
They were called to take care of him in February after his father had taken him to the hospital because of a cold, requesting that the youngster be admitted for treatment and then allegedly acting erratically when his request was denied because the boy’s condition failed to warrant it.
With Steven’s father unable to take care of him, DHS entered the picture when the Brasovankins became caregivers for their grandson.
One month later, a March court hearing concluded with a judge declaring Steven a dependent of the commonwealth and instructing DHS to find placement for him in 90 days.
On June 6, one week before a scheduled emergency hearing to decide the boy’s future, DHS took Steven from his school and placed him in foster care.
Mildred Brasovankin thought for sure that she and her husband would get him back after a July 17 hearing in Family Court. Their trip from Oxford Circle to Center City proved disappointing — the brief court session was continued, in large part because of the absence of Steven’s DHS social worker, James Hood, who was on vacation.
Aided by their attorney, Collazzo, the Brasovankins had hoped to prove they are fit to care for their grandson.
Although a formal gag order was not issued, those involved with the case were advised not to discuss what went on during the 30-minute hearing, according to Collazzo.
Judge Ann Butchart had "asked participants in the courtroom to be respectful of the minor child’s privacy rights," said a statement from Philadelphia Family Court Administrative Judge Kevin M. Dougherty.
He also noted that Steven’s case focuses on dependency and not custody.
"This case is a dependency matter, involving allegations of abuse or neglect of a minor child. In Dependency Court, the judge makes decisions regarding the physical and psychological well-being of minors whose parents cannot presently care for them," Dougherty said in the statement.
"Dependency cases focus on the child and his or her parent(s). Dependency cases require the court to balance the rights of the minor child with the rights and actions of the biological parent(s) and legal guardians," he said. "Under Pennsylvania law, grandparents are typically afforded more rights in custody cases than in dependency cases."
The Brasovankins continue to visit Steven weekly during supervised visits with the little boy.
"He still says ‘don’t go.’ The hour goes very quickly," Mildred Brasovankin said.
Collazzo hopes to be able to reunite the boy and his grandparents after next week’s hearing.
"Right now, we just want to exhaust all legal means to protect the health, safety and welfare of Steven and ensure that he is returned to his family where he belongs," the attorney said. ••
Reporter Diane Prokop can be reached at 215-354-3036 or dprokop@phillynews.com