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ANTHONY SEVERA (02/27/79)

decided: February 27, 1979.

IN THE INTEREST OF: ANTHONY SEVERA, A MINOR. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, APPELLANT


Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of In the Interest of Anthony Severa, a minor, No. DP 1521-75-11-J 198159.

COUNSEL

Stanley I. Slipakoff, Assistant Attorney General, with him Michael von Moschzisker, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Howland W. Abramson, Assistant City Solicitor, for appellee, Philadelphia County Office of Mental Health and Mental Retardation.

Thomas E. Coval, with him Clover, Reinl, Knox & Coval, for appellee, Temple University.

Robert E. Paul, for appellee, Hall-Mercer Community Mental Health and Mental Retardation Center of Pennsylvania Hospital.

Judges Mencer, Rogers and Craig, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 40 Pa. Commw. Page 620]

The Department of Public Welfare (DPW) appeals an order of the Court of Common Pleas of Philadelphia

[ 40 Pa. Commw. Page 621]

County directing DPW to reimburse Hahnemann Hospital's Children's Inpatient Psychiatric Unit at St. Luke's Hospital (Hahnemann) for the cost of the support, care, and treatment of Anthony Severa, a minor, from December 19, 1975 to April 9, 1976. We reverse and remand.

On December 9, 1975, Anthony's mother, Betty Ann Severa, filed a petition, pursuant to Section 6 of the Juvenile Act,*fn1 formerly 11 P.S. § 50-302, in the Juvenile Branch of the Family Court Division of the Court of Common Pleas of Philadelphia County, alleging that Anthony was a deprived child as defined in Section 2(4) of the Juvenile Act, formerly 11 P.S. § 50-102(4).*fn2 In the petition, she sought an involuntary commitment of Anthony to a state mental facility, pursuant to Section 406 of the Mental Health and Mental Retardation Act of 1966 (MH/MR Act).*fn3

After a hearing, the court, on December 19, 1975, ordered DPW to determine an appropriate facility for treating Anthony. In the meantime, Anthony was committed by the court to Hall-Mercer Community Mental Health and Mental Retardation ...


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