Commonwealth v. Croft
Commonwealth v. Croft
Opinion of the Court
Opinion by
The Court of Common Pleas, Family Court Division, Juvenile Branch, of Philadelphia, adjudged each of the five appellees to be delinquent on various charges but
These appeals do not present the question of a constitutional right to a rehearing; nor is there present any question of the denial of a juvenile’s right to appeal. “The action of the juvenile court is always subject to appellate review and correction for errors of law or abuse of discretion.” Holmes Appeal, 175 Pa. Superior Ct. 137, 146, 103 A. 2d 454, 459 (1954); aff’d, 379 Pa. 599, 109 A. 2d 523 (1954), cert. denied, 348 U.S. 973 (1955).
The sole question of law presented by these appeals is whether a rehearing, following a probation order, is mandatory or discretionary under Section 15 of The Juvenile Court Law (Act of June 2, 1933, P. L. 1433, §15, 11 P.S. §257) which provides:
“Within twenty-one (21) days after the final order of any judge of the juvenile court, committing or placing any dependent, neglected or delinquent child, such child shall, as a matter of right, by his or her parent or parents or next friend, have the right to present to the court a petition to have Ms or her case or cases reviewed and reheard, if, in the opinion of such parent, parents, or next friend, an error of fact or of law, or of both, has been made in. such proceedings or final
“Upon the presentation of such petition the court shall grant such review and rehearing as a matter of right.” (Emphasis added.)
The juvenile court judge relied on our language in Com. v. McIntyre, 435 Pa. 96, 98, 254 A. 2d 639, 641 (1969), that, “‘committing or placing’ as used in 11 P.S. §257 envisions an order of the juvenile court judge ‘placing’ the juvenile in a home or institution.” As correctly demonstrated by the Superior Court, McIntyre is inapposite as it involved the issue whether a rehearing is mandatory following the juvenile court’s certification of the case to the criminal court. Such certification does not “commit” or “place” the juvenile and, moreover, certification is not a final order.
We also agree with the Superior Court’s determination that an order of the juvenile court allowing a juvenile to remain at home subject to some form of probation is a “final order”. We similarly recognize and approve the Superior Court’s conclusion that even limited forms of probation “constitute some interference with the adjudicated youth’s civil liberty.” 217 Pa. Superior Ct. at 208, 269 A. 2d at 396. However, none of these legal principles resolve the pivotal issue posed by these appeals: Hoes a juvenile court order allowing the delinquent youth to remain at home subject to some form of probation constitute a final order committing or placing the juvenile which entitles the juvenile to a rehearing as a matter of right?
Prom our examination of the entire Juvenile Court Act, we conclude it was not the legislative intent to grant rehearings as a matter of right from this type of order. Although the Act nowhere specifically defines “allow”, “place”, or “commit”, such a distinction is drawn by Section 8 of The Juvenile Court Law (Act of June 2, 1933, P. L. 1433, §8, as amended, 11 P.S.
A second and important reason for this interpretation concerns the great impact of the Superior Court’s statutory construction on the administration of juvenile court justice. This point is graphically illustrated by reference to the following table of dispositions by the juvenile court of Philadelphia.
Although we earlier concluded that the teaching of McIntyre did not cover this situation, we do achieve the identical result in a different context: “ ‘committing or placing’ as used in 11 P.S. §257 envisions an order of the juvenile court judge ‘placing’ the juvenile in a home or institution.” 435 Pa. at 98, 254 A. 2d at 641. Accordingly, we are of the opinion that a juvenile allowed to remain at home subject to probation is not entitled to a rehearing as a matter of right. We do wish to emphasize, however, that our ruling does not affect the juvenile court’s discretionary power to grant rehearings when the best interests of the juvenile would be served by such a rehearing.
The orders of the Superior Court are reversed and the orders of Philadelphia Court of Common Pleas, Family Court Division, Juvenile Branch, are affirmed.
Choosing 1970 as a representative year, 9,408 eases were dismissed, discharged or pending as compared to 9,858 cases in the total category of miscellaneous cases.
Dissenting Opinion
Dissenting Opinion by
The issue presented here, properly framed by the majority of the Superior Court is “whether an order
The statute in question reads as follows: “Within twenty-one (21) days after the final order of any judge of the juvenile court, committing or placing any . . . delinquent child, such child shall, as a matter of right, by his or her parent or parents or next friend, have the right to present to the court a petition to have Ms or her case or cases reviewed and reheard, if, in the opinion of such parent, parents, or next friend, an error of fact or of law, or of both, has been made in such proceedings or final order, or if the said order has been improvidently or inadvertently made.”
Act of June 2, 1933, P. L. 1433, §15, 11 P.S. §257. (Emphasis added.)
The statute gives the court numerous options as to the final order it can fashion after adjudicating a juvenile as a delinquent:
a
“(a) Allow a child to remain in its home ... or place such child in a suitable family home, subject, in either case, to the supervision and guardianship of a probation officer, and may require such child to report to the probation officer as often as deemed necessary, and may require such child to be returned to the court for further proceedings whenever the same appears to the court to be necessary.
“(b) Commit a child to the care, guidance and control of some reputable citizen of good moral character, subject to the supervision of a probation officer. . . .
“(c) Commit a child to some suitable institution.
“(d) Commit a child to an industrial or training school. . . .
“(e) Commit any child over the age of sixteen years to any state industrial school or home. . . .” Id. §8, 11 P.S. §250 (emphasis added).
The majority attributes to the Legislature the intent to draw an artificial distinction between the first type of order authorized in subsection (a), returning the child to the custody of his parents, and all other orders including the order authorized by the second part of subsection (a), “placing” the child “in a suitable family home.” The majority justifies this statutory surgery on the ground that Section 257, in granting a mandatory rehearing, uses the words “committing or placing” which appear in ail the possible orders of Section 250 except for the first part of subsection (a).
The majority’s reasoning assumes that the Legislature found a significant distinction between being placed on probation and returned to the custody of parents, and all the other possible orders. A juvenile who is “placed” with a family other than his own and placed on probation enjoys the right of rehearing while the juvenile who is returned to his own parents subject to the same conditions of probation does not. There is nothing in the statute or any considerations of policy to support this distinction.
It cannot be argued that there is any difference in restraint of liberty between being allowed to return to one’s parents on probation and being placed with a suitable family on probation. Yet, the majority’s conclusion seems to rely on this premise in order to find a legislative intent to deprive juveniles returned to their parents the right to a rehearing. This premise is clear
The statute grants a rehearing as a matter of right to correct “an error of fact, or of law” and orders “improvidently and inadvertently made”. Id. §15, 11 P.S. at §257. The likelihood that the adjudication of delinquency is subject to one or more of these deficiencies is the same whether the juvenile is returned to his parents, placed with another family, or committed to an institution. As we observed in Commonwealth v. McIntyre, 435 Pa. 96, 254 A. 2d 639 (1969), “[t]he rationale behind allowing the juvenile a rehearing as of right under 11 P.S. §257 rests largely on the need for careful discretionary action by the juvenile court judge in 'placing’ the juvenile in a way 'which serves the best interests of both the child and society.’ ” Id. at 98, 254 A. 2d at 641; see Jenkins Appeal, 210 Pa. Superior Ct. 501, 234 A. 2d 49 (1967), where the court observed that the right to a rehearing “was not designed simply to afford the appellate courts an adequate record for review. It was also designed to assure that the utmost care and consideration would be given by the Courts in any proceeding affecting a juvenile”. Id. at 505, 234 A. 2d at 52.
The stigma of conviction attaches to a juvenile with equal force whether he is ordered returned to the custody of his parents, placed with a “suitable family”, or a “citizen of good moral character”, or committed to an institution. In Gault, supra, the United States Supreme Court observed: “. . . it is frequently said that juveniles are protected by the process from disclosure of their deviational behavior. . . This claim of secrecy, however, is more rhetoric than reality. Disclosure of court records is discretionary with the judge
Finally, I am totally unpersuaded by the majority’s reliance on statistical data to support their contention that recognizing the right of a delinquent returned to his parents on probation to a rehearing will swamp the juvenile courts. First, the statistics only indicate that a significant number of cases result in
I would therefore vacate the order of the Court of Common Pleas, Family Court Division, Juvenile Branch and remand the record for a rehearing guaranteed by Section 257.
Mr. Justice O’Brien joins in this dissent.
Moore Appeal, 217 Pa. Superior Ct. 206, 208, 269 A. 2d 395, 896 (1970).
Act of June 2, 1983, P. L. 1433, 11 P.S. §§243 et seq.
In Holmes’ Appeal, 379 Pa. 599, 109 A. 2d 523 (1954), cert. denied, 348 U.S. 973, 75 S. Ct. 535 (1955), the question was not raised yet the facts indicate that appellant was granted a rehearing after an adjudication of delinquency. Id. at 603, 109 A. 2d at 524. There is no way of determining whether it was believed a matter of right or in the discretion of the trial court.
The words “committing or placing” on which the majority’s analysis completely relies are nowhere defined in the statute. See Act of June 2, 1933, P. L. 1433, §1, 11 P.S. §243.
The United States Supreme Court in McKeiver v. Pennsylvania, 403 U.S. 528, 91 S. Ct. 1976 (1971), held that due process did not require a jury trial in juvenile proceedings, affirming the opinion of this Court in Terry Appeal, 438 Pa. 339, 265 A. 2d 350 (1970). The Supreme Court stated: “But one cannot say that in our legal system the jury is a necessary component of accurate fact finding”. 403 U.S. 528, 543, 91 S. Ct. 1976, 1985.
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