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HAAS APPEAL (05/14/75)

decided: May 14, 1975.

HAAS APPEAL


Appeal from orders of Court of Common Pleas, Family Division, of Allegheny County, No. J-1918 of 1972, in the interest of Susan Haas, a minor child.

COUNSEL

Richard Alan Weinstein, with him Abraham J. Glick, for appellant.

Harry F. Swanger, with him Thomas N. Kiehnoff, amicus curiae.

John M. Duff, Deputy Attorney General, with him Thomas F. Halloran, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Hoffman, J.

Author: Hoffman

[ 234 Pa. Super. Page 424]

Appellant contends that the juvenile court erred in sentencing her, upon adjudication of delinquency, to the State Correctional Institution at Muncy, rather than to an institution designed to receive and treat juvenile delinquents.

Appellant was born on August 14, 1958, and was sixteen years old at the time that she was most recently adjudicated delinquent. Her involvement with the juvenile justice system apparently began on June 8, 1972, at the age of thirteen, when her mother brought her to a juvenile detention home because she was incorrigible, habitually stayed out all night, and on one occasion left home for two weeks. This matter was handled informally. Shortly thereafter, the appellant left home and hitchhiked to Maumee, Ohio, with another girl. She was arrested in

[ 234 Pa. Super. Page 425]

Ohio, and her mother brought her back to Pittsburgh. Appellant was taken to the juvenile detention home, and again released without formal court action.

On September 28, 1972, appellant's mother filed the first formal delinquency petition, charging that appellant was incorrigible, a runaway, and used dangerous drugs. A hearing was scheduled for October 17, 1972, but appellant ran away in the interim and did not appear. Appellant was apprehended in Philadelphia, in a motel room with an adult male, on or about November 18, 1972. A second petition was filed on November 28, 1972. On November 30, appellant was, for the first time, adjudicated delinquent and committed to the Youth Development Center at Waynesburg. Appellant was released from Waynesburg on September 24, 1974, and placed on probation until March 25, 1975, in the custody of her mother.

On December 19, 1974, the appellant was arrested in Pittsburgh for soliciting a detective for prostitution and oral sodomy. After hearing, the lower court on February 4, 1975, adjudicated appellant delinquent and committed her to the State Correctional Institution at Muncy. By letter of February 6, 1975, the Office of the Attorney General advised the lower court that Muncy was an inappropriate place of commitment for a delinquent, as there is no facility at that prison for juveniles, and asked that the lower court modify its order. Appellant's attorney also filed a petition to vacate the order committing the appellant to Muncy. On February 10, 1975, the lower court denied this petition. The court also issued a rule against Bernard Malone, the superintendent of Muncy, to show cause why he should not be held in contempt of court for failing to accept appellant as an inmate at Muncy, and to provide a "separate facility" for her. From the order of ...


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