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SCOTT W. (10/06/77)

SUPERIOR COURT OF PENNSYLVANIA


decided: October 6, 1977.

IN THE INTEREST OF SCOTT W., A MINOR. APPEAL OF SCOTT WILLS, A MINOR. APPEAL OF ATTORNEY GENERAL ROBERT P. KANE AND SUPERINTENDENT ERNEST S. PATTON

No. 1800 October Term 1976 & No. 1801 October Term, 1976, Appeal from Order by the Court of Common Pleas Bucks County, sitting as Juvenile Court, at No. 321 of 1976 and 322 of 1976.

COUNSEL

Michael A. Klimpl, Assistant Public Defender, Doylestown, with him Martin J. King, Chief Public Defender, Doylestown, for appellant at No. 1800.

J. Andrew Smyser, Deputy Attorney General, Harrisburg, for appellant at No. 1801.

Stephen B. Harris, First Assistant District Attorney, Warrington, for appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Price, J., dissents.

Author: Cercone

[ 250 Pa. Super. Page 227]

This is an appeal from the order of the Juvenile Court of Bucks County committing Scott Edward Wills to the State Correctional Institution at Camp Hill. As he was in the court below, Scott Wills is joined in challenging this commitment order by the Attorney General who contend that Camp Hill no longer qualifies as a proper facility for the commitment of delinquent children under the Juvenile Act, Act of December 6, 1972, P.L. 1464, No. 331, 11 P.S. § 50-101 et seq. (Supp.1977). We agree.*fn1

Since the entry of the lower court's order committing Scott to Camp Hill, the legislature has amended the Juvenile

[ 250 Pa. Super. Page 228]

Act so that it no longer authorizes commitment of a child to a "special facility for children operated by the Department of Justice."*fn2 The Juvenile Act, as now amended, authorizes commitment only to an "Institution, Youth Development Center, camp, or other facility for delinquent children operated under the direction or supervision of the court or other public authority and approved by the Department of Public Welfare" or an "Institution operated by the Department of Public Welfare."*fn3 Camp Hill, which is operated by the Department of Justice does not fit under any of these categories. The Juvenile Act has also been amended to

[ 250 Pa. Super. Page 229]

    prohibit, under all circumstances, the commitment of a child adjudged delinquent to "a penal institution or other facility used primarily for the execution of adults convicted of a crime."*fn4 Under the Juvenile Act as amended, Camp Hill can no longer, under any circumstances, be considered a proper facility for the commitment of a child adjudged delinquent.

The order of the lower court committing appellant to Camp Hill is vacated. The lower court is directed to issue

[ 250 Pa. Super. Page 230]

    an order for the disposition of appellant Scott Wills consistent with the Act of August 3, 1977, P.L. /--, No. 41, § 25 (amending the Juvenile Act, Act of December 6, 1972, P.L. 1464, No. 332, 11 P.S. § 50-100 et seq.) (Senate Bill 757, House Bill 1).

It is so ordered.


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