In Re RA

761 A.2d 1220
CourtSuperior Court of Pennsylvania
DecidedOctober 27, 2000
StatusPublished

This text of 761 A.2d 1220 (In Re RA) 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 RA, 761 A.2d 1220 (Pa. Ct. App. 2000).

Opinion

761 A.2d 1220 (2000)

In the Interest of R.A.
Appeal of Harrisburg School District.

Superior Court of Pennsylvania.

Argued May 23, 2000.
Filed October 27, 2000.

*1221 Royce L. Morris, Harrisburg, for appellant.

William M. Shreve, Harrisburg and Laval S. Miller-Wilson, Philadelphia, for R.A., participating party.

Eric R. Augustine, Asst. Dist. Atty., Harrisburg, for Com., participating party.

Thomas W. Scott and Michael J. O'Conner, Harrisburg, for Harrisburg Educ. Ass'n, participating party.

BEFORE: McEWEN, President Judge, LALLY-GREEN, and HESTER, JJ.

LALLY-GREEN, J.:

¶ 1 Appellant, the Harrisburg School District (District), appeals from the protective order issued by the juvenile court in this case on August 12, 1999. We vacate the order.

¶ 2 The complex procedural history of the case is as follows. The protective order arose out of an incident on May 21, 1999, where Henry Dengler, a teacher, was assaulted in school by nine-year-old student R.A. The Honorable Lawrence F. Clark, Jr. held a juvenile adjudication concerning R.A. on May 26, 1999. During that hearing, Judge Clark learned that the District had reprimanded Mr. Dengler for calling the police after a previous violent incident concerning R.A. on May 6, 1999. Specifically, the District reprimanded Mr. Dengler for calling the police directly, without first notifying school police.

¶ 3 This information came to the court's attention as follows. First, the court heard testimony from Mr. Dengler concerning the May 21 attack. The court found beyond a reasonable doubt that R.A. committed the attack intentionally, but the court did not complete the adjudication because juvenile authorities were not prepared to make a recommendation regarding his disposition. N.T., 5/26/99, at 24, 41. The court then took additional testimony from the victim so that we can gain a perspective of the totality of the circumstances. Id. at 24. The court did so because it was aware of the May 6 incident, but had not heard Mr. Dengler's testimony concerning that incident. Id. The court told Mr. Dengler that it's your absolute right as the victim of a crime to share with the Court not only your perceptions and understanding of the facts of the case, but any other collateral matters that may affect upon you personally, professionally or in any other way. Id. at 25. Mr. Dengler then discussed the May 6 incident and the District's reprimand, which was issued on May 10, 1999. Id. at 26-33. After being questioned by the court, Mr. Dengler testified that the reprimand would cause him to hesitate before calling the police, and that it has caused other teachers to hesitate. Id. at 35. He also testified that the school police are unresponsive to violent outbursts by students, and that he feels that he has been retaliated against for exercising his rights. Id. at 36-38. The District Attorney then asked that the court do what's appropriate, taking into account the effect that the incident has had on Mr. Dengler's career. Id. at 43.

¶ 4 At the end of the hearing, Judge Clark issued a protective order stating that no person shall take any adverse action of any kind against Mr. Dengler as a result of his notifying the police. Docket Entry 5; N.T., 5/26/99, at 44-47. Judge Clark denied reconsideration on May 27, 1999. Docket Entry 6.

¶ 5 On May 28, 1999, the District appealed to the Superior Court from Judge Clark's May 26, 1999 protective order. Docket Entry 9. It also filed an Emergency Application for Stay Pending Appeal or Supersedeas (the Stay Application) and filed an Emergency Application for Leave to Intervene for Purpose of Obtaining Party Status (the Intervention Application). Docket Entries 10-11. On the same day, May 28, 1999, the Superior Court extended the time for complying with the protective order to June 1, 1999, denied all other requests for relief in the Stay Application *1222 and referred the Intervention Application to the trial court for disposition. Docket Entry 12. On June 1, 1999, our Supreme Court granted the District's Stay Application pending the trial court's disposition of the Intervention Application. Docket Entry 13. On June 2, 1999, Judge Clark transferred the case to his colleague, Judge Kleinfelter. Docket Entry 14. On June 7, 1999, the Harrisburg Education Association (HEA)[1] filed an Intervention Application. Docket Entry 15. On June 10, 1999, Judge Kleinfelter granted both Intervention Applications for the limited purpose of holding an evidentiary hearing on August 11, 1999, regarding the merits of the underlying protective order. Docket Entry 16. In doing so, Judge Kleinfelter vacated Judge Clark's May 27 order denying reconsideration of the May 26 protective order. Id. Judge Kleinfelter also decreed that the protective order itself shall remain in effect. Id. On July 2, 1999, the City of Harrisburg petitioned to intervene. Docket Entry 19. Judge Kleinfelter granted this petition on July 27, 1999. Docket Entry 22.

¶ 6 The Honorable Joseph H. Kleinfelter scheduled an evidentiary hearing on the merits of the protective order on August 11, 1999. The HEA, the District, the City of Harrisburg, and the Commonwealth appeared at the hearing. After the hearing, Judge Kleinfelter held that the protective order should not only be reaffirmed, but should be expanded to protect all teachers and staff employed by the school district who find themselves as victims of crime. Transcript of Proceedings, 8/12/99, at 10. Judge Kleinfelter denied reconsideration on August 12, 1999. Docket Entry 25. This appeal by the District followed.

¶ 7 We will briefly summarize the positions of the parties. The District argues that: (1) the juvenile court lacked jurisdiction to issue the order; (2) the court abused its discretion by soliciting testimony regarding the reprimand during R.A.'s adjudication proceeding; (3) the court abused its discretion in issuing the protective order; and (4) the order impermissibly interferes with the Board of School Directors' lawful exercise of authority under the Public School Code of 1949. The Commonwealth argues that the court did have authority to issue the order, and that the court did not abuse its discretion. Similarly, the HEA has filed a Brief supporting the protective order.[2]

¶ 8 As noted above, the District raises four issues on appeal:

1. Whether the juvenile court lacks jurisdiction over the issuance of a protective order against the Harrisburg School District In the Interest of R.A., which involved a juvenile dependency matter and not a criminal matter.

2. Whether the Juvenile court abused its discretion in soliciting testimony from Henry Dengler following an adjudication hearing In the Interest of R.A., when there was no genuine issue properly before the juvenile court with respect to Mr. Dengler's need for a protective order.

3. Whether the trial court abused its discretion in affirming the juvenile court's issuance of a protective order on behalf of Henry Dengler.

4. Whether the protective order issued on May 26, 1999 and expanded on August 12, 1999 must be vacated because it interferes with the Harrisburg Board of School Directors' lawful exercise of their authority under the Public School Code of 1949.

*1223 District's Brief at 4. Because we agree with the District's first argument, we need not address its remaining claims.

¶ 9 It is undisputed that the protective order arose out of a juvenile adjudication concerning R.A.

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Cite This Page — Counsel Stack

Bluebook (online)
761 A.2d 1220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ra-pasuperct-2000.