In re R.B.

765 A.2d 396
CourtSuperior Court of Pennsylvania
DecidedDecember 26, 2000
StatusPublished
Cited by6 cases

This text of 765 A.2d 396 (In re R.B.) 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 R.B., 765 A.2d 396 (Pa. Ct. App. 2000).

Opinion

TAMILIA, J.:

¶ 1 R.B., a juvenile, appeals from the Order of the trial court requiring him to remain in his placement at Alternative Rehabilitation Communities, Inc. (“ARC”) and to undergo an evaluation at Johns Hopkins University Hospital (“Johns Hopkins”) to determine his receptivity to pharmacological intervention. The Order further required ARC to ensure that R.B. has a patient advocate available to him at the hospital.

R.B. was born on July 12, 1982. In April, 1998, he was charged with Theft, 18 Pa.C.S.A. § 3921(a) and Receiving Stolen Property, 18 Pa.C.S.A. § 3925(a). A psychiatrist concluded that R.B. was mentally ill, but not legally insane. On April 30, 1998, R.B. entered a guilty but mentally ill admission to one count of simple assault and one count of terroristic threats. [Thereafter, the trial court adjudicated R.B. delinquent.] On May 18, 1998, R.B. was placed at [ARC]. Following periodic review hearings, R.B. has remained in placement at ARC.
While in placement^] R.B. has undergone counseling. During therapy he revealed that he had been sexually victimized by his family[,] that he had molested young girls, and that once again he has cravings to sexually assault little girls.
ARC submitted a report to the court for the February, 2000, review hearing which recommended that R.B. continue in placement at ARC and that he under[397]*397go an evaluation at Johns Hopkins to determine his receptivity to pharmacological intervention. At the end of the review proceeding the court entered the following Order:
AND NOW, this 17th day of February, 2000, the Court orders that R.B. continue in treatment at ARC. He is to cooperate with an evaluation at Johns Hopkins and with Dr. Berlin to determine his receptivity to pharmacological intervention. The Court furthermore provides that ARC shall take all steps to ensure that R.B. has a patient advocate available to him when he is at Johns Hopkins in order to determine his receptivity to pharmacological treatment as well as his understanding of the matters which are being asked of him.
R.B. filed a Motion for Reconsideration which the court denied. This appeal followed.

(Trial Court Opinion, Grim, J., 4/25/2000, at 1-2.)

¶ 2 R.B. now claims that the trial court abused its discretion in ordering him, “a mentally ill seventeen-year old, to cooperate with an evaluation for pharmacological intervention with Depo Provera, the “chemical castration” cure.” (Appellant’s brief at 4.) In this regard, appellant asserts that (a) the trial court lacked the authority to order his cooperation with chemical castration procedures, (b) the Order was not warranted by the evidence, (c) appellant is not capable of giving informed consent to the procedure, and (d) the Order requiring appellant’s cooperation with the evaluation is an ex post facto enhancement of his prior sentence.

¶ 3 An Order of disposition in a juvenile matter is within the sound discretion of the trial court and will not be disturbed by this Court absent an abuse of discretion. In re Love, 435 Pa.Super. 555, 646 A.2d 1233 (1994). The authority of the trial court over a delinquent child is set forth in the Juvenile Act1 which provides that the trial court may make any order of disposition determined to be “consistent with the protection of the public interest and best suited to the child’s treatment, supervision, rehabilitation, and welfare, which disposition shall, as appropriate to the individual circumstances of the child’s case, provide balanced attention to the protection of the community ... [and] the development of competencies to enable the child to become a responsible and productive member of the community.” 42 Pa. C.S.A. § 6352(a).

¶4 We find the trial court abused its discretion in modifying its prior Order of disposition to include evaluation of a manner of treatment which effect on a juvenile has not been validated and has not been verified by studies with proven results for adolescents. Our review of Pennsylvania statutory and case law on the use of medical castration and Depo-Provera discloses no discussion of this issue, and a survey of the cases and laws of other jurisdictions reveals that where it has become an issue in the courts, it has not met with a favorable reception. People v. Gauntlett, 134 Mich.App. 737, 352 N.W.2d 310, modified, 419 Mich. 909, 353 N.W.2d 463 (1984); State v. Brown, 284 S.C. 407, 326 S.E.2d 410 (1985). It is not of great significance that the 17-year-old child agreed to the evaluation when the need to control his sexual proclivities is a paradigm of his treatment protocol. Even following release, the treatment protocol, if introduced, would require extensive follow-up and supervision including lifelong adherence to the drug program which could not be pursued by juvenile court beyond its age jurisdiction of 18 or at the latest, 21. This alone would make such a treatment modality unconstitutional as beyond the limits of probation. While the juvenile court would minimize the effect of its Order by suggesting it is only for evaluation and not treatment and that use of Depo-Provera would only be ordered if appellant [398]*398was fully informed of its effect and consented, the limited intelligence and deprived condition of appellant coupled with his mental condition and present medicated treatment makes it dubious that he can truly give an informed consent. The use of Depo Provera as a condition of probation was exhaustively covered in an article in the Dayton Law Review in 1986.2 William Green reviewed medical and legal research in this regard and as authority for the general legal response to this modality of probation.

First, there was no statutory authorization for treating sex offenders with the drug. The court was unwilling to interpret the state probation statute, which allowed trial courts at their discretion to impose ‘other lawful conditions,’ to permit the use of Depo-Provera. Michigan case law, the drug’s experimental status, and its ‘alphabet of adverse reactions from acne to cancer to weight gain’ cast doubt on its validity as a probation condition. Second, the professional literature demonstrated that Depo Provera had not ‘gained acceptance in the medical community as a safe and rehable medical procedure.’ Third, Depo-Prov-era’s experimental status, the limited professional literature on its use, the limited availability of the drug, and the content of the judge’s order made it virtually impossible for the defendant to perform the probation condition.

Id. at 10 (footnotes omitted); quoting Gauntlett, supra.

¶ 5 John Hopkins University Hospital is noted for its progressive work in treatment of sexual dysfunction, and while recognizing John Hopkins to be on the cutting edge of problems of sexual dysfunction, but with no convincing evidence the pharmacological approach will be effective to resolve appellant’s problems, we cannot permit the juvenile to make such a portentous decision to enter the John Hopkins program on the very meager and slim information available to the hearing judge.

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Bluebook (online)
765 A.2d 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rb-pasuperct-2000.