In re J.P.

511 A.2d 210, 354 Pa. Super. 107, 1986 Pa. Super. LEXIS 11075
CourtSuperior Court of Pennsylvania
DecidedJune 11, 1986
DocketNos. 1090, 1091
StatusPublished
Cited by2 cases

This text of 511 A.2d 210 (In re J.P.) 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
In re J.P., 511 A.2d 210, 354 Pa. Super. 107, 1986 Pa. Super. LEXIS 11075 (Pa. Ct. App. 1986).

Opinion

PER CURIAM:

These consolidated appeals, instituted by Allegheny County Children and Youth Services, arise out of a requisition filed in the state of North Carolina pursuant to the Interstate Compact on Juveniles, 62 P.S. § 731, requesting C.P.’s return to her father’s home in North Carolina.

C.P. was born on July 26, 1971, and in December of 1984 gave birth to a son, J.P. J.P.’s birth was the result of C.P. becoming impregnated by Gregory Kline when she was twelve years old. Gregory Kline was charged with statutory rape in connection with the aforementioned incident and is currently awaiting trial. C.P. and her infant son, J.P., resided in North Carolina with C.P.’s father, her legal [109]*109guardian, before running away from home in February of 1985. C.P. alleged various undocumented instances of abuse by her father. C.P. fled with J.P. to Allegheny County where they stayed with Mrs. Katherine Kline, Gregory’s mother and J.P.’s paternal grandmother.

After receiving the requisition for C.P.’s return, Pennsylvania authorities took both children into custody. Following a shelter hearing on February 19, 1985, they were returned to Mrs. Kline’s home pending receipt from North Carolina of materials necessary for resolution of the case under the Interstate Compact. Upon request of the lower court, the juvenile authorities in North Carolina, by letter dated April 11, 1985, gave assurances that they would intervene immediately upon C.P.’s return to North Carolina to provide supervision and protection from the alleged abuse of C.P. by her father.

The lower court held a hearing to determine C.P.’s best interests after concluding that Pennsylvania courts have the right to inquire into the propriety of a requisition filed under the Compact and order a child’s return only if such return would serve the best interests of the child. Upon conclusion of said hearing, it was determined that the best interests of both children would be served by remaining in Pennsylvania and residing with Mrs. Kline. The lower court held that in view of C.P.’s allegations of abuse and of the apparent lack of interest of her parents and of the North Carolina authorities in her welfare, it doubted a return to the family environment in North Carolina would serve her best interests. Appellant, Children and Youth Services, petitioned for reconsideration and upon reconsideration the prior Order was upheld. This appeal followed.

Appellant now contends that C.P. should have been returned to North Carolina pursuant to the requisition filed under the Interstate Compact. Appellant submits that the plain language of the Interstate Compact indicates that it is for the court of North Carolina to determine what is in the child’s best interest and the power of the Pennsylvania court is limited to a determination of whether the demanding court has made all the findings necessary to issue a [110]*110requisition. We agree, and hold that the lower court had no jurisdiction to inquire into C.P.’s best interests but was required to send C.P. to North Carolina pursuant to the requisition if the requisition was found to be properly issued.

We first note that both North Carolina and Pennsylvania have adopted the Interstate Compact on Juveniles (G.S. §§ 110-58 to 110-64, and 62 P.S. § 731 respectively). The underlying purposes of the Compact are clearly set forth in Article I which provides, in pertinent part, that:

The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to ... (3) the return, from one state to another, of non-delinquent juveniles who have run away from home____ It shall be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact____

(62 P.S. § 731, Art. I)

It becomes apparent that the underpinnings of the Compact are based upon notions of reciprocity and cooperation between the participating states. Article IV of the Compact, dealing specifically with the return of runaways, when read in conjunction with Article I, further delineates the role of the Pennsylvania courts when presented with an out-of-state requisition. Article IV provides, in part, that,

... [i]f the judge of such court [to whom the requisition is addressed] shall find that the requisition is in order, he shall deliver such juvenile over to the officer whom the court demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding, (emphasis added)

(62 P.S. § 731, Art. IV)

Thus, this section makes delivery of the juvenile to the demanding state mandatory as long as the requisition itself [111]*111is in order. Appellees would have us read the provision to include a requirement that before a runaway juvenile can be returned to the demanding state the asylum state must determine if it is in his/her best interests to do so. With this we cannot agree.

In the case sub judice, the Pennsylvania court could only determine if the demanding state properly followed the guidelines set forth in Article IV for issuing a requisition. Article IV provides that upon proper petition by the parent, guardian, person or agency entitled to legal custody of a runaway child, C.P.’s father herein, the judge of the court (North Carolina) to which this petition is presented:

... may hold a hearing thereon to determine whether for the purposes of this compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not he is an emancipated minor, and whether or not it is in the best interest of the juvenile to compel his return to the state. If the judge determines, either with or without a hearing, that the juvenile should be returned, he shall present to the appropriate court or to the executive authority of the state where the juvenile is to be located a written requisition for the return of such juvenile.

Additionally, Article IV, in specifically addressing the mandatory format of the requisition order, provides that,

... [the] requisition shall set forth the name and age of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent, guardian, person or agency entitled to his legal custody, and that it is in the best interest and for the protection of such juvenile that he be returned____

At no time during the present action did any of the parties argue that the requisition issued by North Carolina was deficient in any of its findings or procedurally defective in any respect. It is undisputed that James, C.P.’s father, [112]*112petitioned the North Carolina court setting forth all required information with a verifying affidavit. After a review of the requisition, it is also clear that Judge Burris of North Carolina made all of the required determinations and findings and presented a proper requisition for C.P.’s return to the Pennsylvania courts.

The lower court’s concern with North Carolina’s ability to effectively provide protection and care for C.P. and J.P., however well intended, is misplaced.

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Related

In the Interest of C.P.
533 A.2d 1001 (Supreme Court of Pennsylvania, 1987)
In the Interest of J.P.
533 A.2d 1006 (Supreme Court of Pennsylvania, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
511 A.2d 210, 354 Pa. Super. 107, 1986 Pa. Super. LEXIS 11075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jp-pasuperct-1986.