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COMMONWEALTH v. HENIG (04/18/63)

April 18, 1963

COMMONWEALTH
v.
HENIG, APPELLANT.



Appeal, No. 32, Oct. T., 1963, from order of Court of Quarter Sessions of Delaware County, J. V. No. 10426, 1962, in case of Commonwealth of Pennsylvania v. Aileen Hening. Order affirmed.

COUNSEL

Geneva M. Henig, appellant, in propria persona.

Paul r. Sand, Assistant District Attorney, for Commonwealth, appellee.

Before Rhodes, P. J., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Montgomery

[ 200 Pa. Super. Page 616]

OPINION BY MONTGOMERY, J.

This is an appeal taken by Geneva M. Henig, the natural parent of Aileen Henig, from an order affirming a previous order which committed the said Aileen Henig to the Wallingford Home of the Orphans' Society of Philadelphia, and placing her there in their custody as a ward of the Juvenile Court of Delaware County.

The case resulted from the taking into custody of Aileen Henig, a twelve year old girl, who was apprehended on March 22, 1962, by the Radnor Township police while in Woolworth's department store located in Wayne, Pennsylvania. The child was caught in the act of shoplifting two pairs of nylon stockings valued at seventy-nine cents a pair, three comic books valued at fifteen cents each, and one comb valued at twenty-nine cents, from a counter in this department store. The total value of the articles was $2.32.

Although the child actually committed a crime, since she had no previous record of a violation of the law the normal disposition of this matter would have resulted in the return of this child to the custody of her parents without probationary supervision. Because of

[ 200 Pa. Super. Page 617]

    the parents' failure to cooperate with the court and the juvenile staff, the lower court felt that a period of detention was necessary in order to more thoroughly evaluate the situation. It was therefore ordered on March 23, 1962, that the staff make an investigation, the case to be returned to court if the family did not cooperate. Two months later another hearing was held before the Honorable WILLIAM R. TOAL, as a result of which it was determined to hold Aileen in detention for further study because the mother not only refused to cooperate, but actively endeavored to obstruct the course of the investigation. She made appointments with the juvenile authorities to discuss Aileen and then either cancelled these appointments or failed to show up. Her attitude was that her child was guilty of no wrongdoing, the police were not telling the truth, and that the child need not answer any questions directed to her by the staff or court psychologist and court psychiatrist.

On July 13, 1962, another hearing was held which developed the fact that from June first until the hearing neither Mr. or Mrs. Henig made any effort to see or visit with Aileen in the detention home although Mrs. Henig had been repeatedly requested by the staff to do so.

At the hearing the court found Aileen to be delinquent, and decided that it was best for the welfare of the child that she be committed to the Wallingford Home of the Orphans' Society of Philadelphia for such time as was necessary in the opinion of the Juvenile Court staff and the authorities of the home; that ...


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