Commonwealth v. J.C.

199 A.3d 394
CourtSuperior Court of Pennsylvania
DecidedNovember 9, 2018
DocketNo. 1059 WDA 2017
StatusPublished
Cited by7 cases

This text of 199 A.3d 394 (Commonwealth v. J.C.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. J.C., 199 A.3d 394 (Pa. Ct. App. 2018).

Opinion

OPINION BY DUBOW, J.:

*396Appellant, J.C., appeals from the February 16, 2017 Order entered in the Court of Common Pleas of Allegheny County, which denied J.C.'s Petition for Writ of Habeas Corpus . After careful review, we affirm.

The juvenile court set forth a thorough and accurate factual and procedural history in its Pa.R.A.P. 1925(a) Opinion, which we need not repeat here. See Trial Court Opinion, filed 10/17/17, at 1-5. In sum, on April 9, 2010, the juvenile court adjudicated then 13-year-old J.C. dependent and placed him at Mel Blount Youth Home. On November 7, 2011, the juvenile court adjudicated J.C. delinquent after he admitted to Indecent Assault of a Child Under 13 while living at his dependent placement. At that time, the juvenile court deferred disposition pending a mental health evaluation. On November 29, 2011, the juvenile court entered a Delinquency Commitment Order, which committed J.C. to Adelphoi Village and ordered that the court review J.C.'s placement in five months. The juvenile court made a finding that "child is in need of treatment, supervision and rehabilitation" and that the commitment was "consistent with the protection of the public interest[.]" Delinquency Commitment Order, 11/29/11. At the five-month review hearing on April 9, 2012, the juvenile court made a finding that the "placement continues to be necessary and appropriate" and ordered J.C. to remain at Adelphoi Village. Placement Review Order, 4/9/12.

Following that hearing, the juvenile court conducted five review hearings.1 At each of the review hearings, the juvenile court provided J.C. notice of the hearing, an opportunity to be heard, and the assistance of counsel. Trial Court Opinion, filed 10/17/17, at 8. Additionally, at each review hearing, the juvenile court "addressed whether the commitment would be extended or modified and whether a modification would effectuate the purpose of the original order" and made a determination of whether the disposition and commitment of J.C. was consistent with the purpose of the Juvenile Act. Id.

On March 3, 2015, eight months prior to J.C.'s four-year commitment anniversary, J.C.'s probation officer filed a Failure to Adjust Allegation alleging that J.C. viewed pornography on a computer while in placement, which was against the rules and regulations, and that Adelphoi Village requested J.C.'s removal from the program. On the same day, after an emergency hearing where J.C. was present, the juvenile court issued a Detention Order that committed J.C. to a secure detention at the Shuman Center pending alternative placement, and made a finding that he posed a threat to the community. See Detention Order, 3/3/15. On March 10, 2015, after a hearing where J.C. was present, the juvenile court ordered that J.C. remain committed, placed J.C. at Cove Prep, and made findings that "child is in need of treatment, supervision and rehabilitation" and that the commitment was "consistent with the protection of the public interest[.]" Delinquency Commitment Order, 3/10/15.

Subsequently, the juvenile court held six additional review hearings.2 At each of the *397review hearings, the juvenile court provided J.C. notice of the hearing, an opportunity to be heard, and the assistance of counsel. Trial Court Opinion, filed 10/17/17, at 8. Additionally, at each review hearing, the juvenile court "addressed whether the commitment would be extended or modified and whether a modification would effectuate the purpose of the original order" and made a determination of whether the disposition and commitment of J.C. was consistent with the purpose of the Juvenile Act. Id.

On January 11, 2017, J.C. filed a Petition for Writ of Habeas Corpus alleging that the juvenile court detained J.C. illegally for over a year. After hearing oral argument on the matter, the juvenile court denied the Petition for Writ of Habeas Corpus on January 20, 2017. On January 24, 2017, J.C. filed a Petition for Reconsideration, which the juvenile court denied on February 16, 2017. On March 8, 2017, J.C. filed a Motion to Certify Interlocutory Order for Appeal, which the juvenile court granted on April 8, 2017.

On April 27, 2017, J.C. filed a Petition for Review with this Court. On July 24, 2017, this Court granted the Petition for Review and ordered the matter to proceed as an appeal. Both parties complied with Pa.R.A.P. 1925.

J.C. raises the following issue for our review:

When J.C. has been adjudicated delinquent of a first-degree misdemeanor punishable by up to five years' imprisonment, J.C. was initially committed to a placement facility for an indefinite period of time, the Commonwealth now wants to extend J.C.'s commitment beyond four years, but J.C. has already been continuously detained for more than the statutory maximum sentence of five years, whether J.C. must be released when the plain language of 42 Pa.C.S.[ ] § 6353(a) requires a hearing to have been held specifically to address whether to extend or modify J.C.'s initial commitment period and that such hearing needs to be held prior to the expiration of four years since the initial commitment, but the Commonwealth never filed for an extension pursuant to th e statute and, therefore, the trial court never held a hearing pursuant to the statute?

Appellant's Brief at 5.

J.C. avers that the juvenile court detained him illegally in violation of Section 6353 of the Juvenile Act, which, inter alia , prohibits a court from detaining a child for more than four years unless the juvenile court meets certain requirements.3 See 42 Pa.C.S. § 6353(a). Specifically, J.C. argues that the Commonwealth failed to file a petition requesting to extend J.C.'s initial commitment beyond four years and the juvenile court failed to hold a hearing on the issue prior to the expiration of four years as required by the statute, rendering J.C.'s commitment illegal. See Appellant's Brief at 13.

In turn, the Commonwealth argues that the language of the statute does not require the Commonwealth to file a petition for extension or the juvenile *398court to hold a hearing on said petition. See Appellee's Brief at 8. Rather, the Commonwealth asserts that the statute requires the juvenile court to conduct regularly scheduled commitment review hearings, which occurred and indicated a need for continued confinement.4 Id. at 8.

The interpretation and application of a statute is a question of law. C.B. v. J.B. , 65 A.3d 946, 951 (Pa. Super. 2013). As with all questions of law, we must employ a de novo standard of review and a plenary scope of review to determine whether the court committed an error of law. Id.

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Bluebook (online)
199 A.3d 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-jc-pasuperct-2018.