HomeMy WebLinkAboutCP-21-JV-0000224-2018
IN THE INTEREST OF:
R.N.H.,
A Juvenile
IN THE COURT OF COMMON PLEAS
NINTH JUDICIAL DISTRICT
CP-21-JV-0224-2018
IN RE: OPINION PURSUANT TO Pa.R.A.P. 1925(a)
PLACEY C.P.J. 30 JULY 2019
PROCEDURAL HISTORY
The incident that gave rise to this case occurred on June 20, 2018, at
the Hershey Medical Center’s Emergency Department in Dauphin County
where R.N.H. (Juvenile) had been taken for crisis treatment and where
multiple assaults on medical and hospital personnel occurred. These
events culminated in an admission by Juvenile and an adjudication by the
court on April 17, 2019, on the reduced single count of simple assault.
Counsel for Juvenile now appeals that adjudication based on the assertion
that the hearing to determine if the juvenile is in need of treatment,
supervision, or rehabilitation should have been set for another time
because Counsel was not prepared and wanted “to see reports from
CP-21-JV-0224-2018
Cumberland Hospital and also reports from the Children’s Service
1
caseworker.”
This is not the delinquency court’s first contact with Juvenile. At the
time of the Hershey Medical Center incident she was on a consent decree
which arose from another assault, and for which the Commonwealth had
requested an extension in April 2018, to permit Juvenile to complete her
treatment. The consent decree, as well as this adjudication, was fashioned
to allow Juvenile to continue with the treatment that she was receiving as
part of her juvenile dependency adjudication. Throughout the course of
both delinquency cases the Juvenile Probation Office was tasked to assist
Cumberland County Children and Youth Services, as necessary, in the
treatment process.
Juvenile’s treatment history is best summarized in the request for
psychological testing by Cumberland Hospital’s Medical Director, Dr.
Davidow, after the Juvenile’s August 2018 admission, which states:
\[Juvenile\] is a 15-year-old biracial young lady who presents
after an air ambulance and then ground ambulance flight
from Children's Hospital of Philadelphia. She had a
prolonged hospitalization where she was treated for anxiety,
bradycardia, hypokalemia, hypotension, orthostasis and
aggressive behavior. She had been admitted to Penn State
Hershey Medical Center for alcohol ingestion with a blood
alcohol over 0.2. The day prior to that admission, she was
1
Notes of Testimony (hereafter N.T.) Status Hearing, 4/17/19, at 10-11.
2
CP-21-JV-0224-2018
seen by her primary care physician and had lost 3 pounds
and had a heart rate of 41 and a blood pressure of 79/60.
She was admitted to the Hershey Pennsylvania Emergency
Department with vital signs including a heart rate of 46 and a
weight of 44 kg. … She has been in multiple eating disorder
hospital placements including Walden, Allora, Brandywine,
COPE, and Sheppard Pratt. She had over 6 hospitalizations
over the last 2 years since 2016. She has had multiple
aggressive outbursts at previous placements with 6 pending
charges for severe aggression against staff members. She
also misuses alcohol, marijuana, tobacco and prescription
2
pills mostly Xanax and Seroquel.
FACTS FROM PROCEEDINGS
The record consists of transcripts of the seven in-court proceedings
all labelled as “Status Hearing” on their face, and a Bates stamped record
that contains portions of Juvenile’s earlier juvenile docket, JV-169-2017;
seven (7) dispositional memoranda from Cumberland County Juvenile
Probation; a letter from Cumberland Hospital requesting psychological
testing; and twelve (12) periodic medical reports from Cumberland
3
Hospital. All of these records were received prior to the adjudication at
issue. An abridged review of these records reveals:
1. Juvenile was accepted by the court into a Consent Decree
conditioned on her receiving treatment (psychiatric, mental
2
RNH record-Bates stamped, at 19 (undated letter re: R.N.H., from Daniel N.
Davidow, M.D., Medical Director Cumberland Hospital).
3
The medical records from Juvenile’s prior treatment at multiple other hospitals are
not part of this record.
3
CP-21-JV-0224-2018
health, family based, drug and alcohol) on October 16, 2017.
2. As of February 2018, Juvenile had been in treatment at
Walden Eating Disorders Center—Rockview Hospital,
Vernon, Connecticut, which is noted in the Consent Decree
Review Order of February 5, 2018.
3. Commonwealth filed a motion to extend the Consent Decree
on April 12, 2017, because Juvenile had not completed her
treatment.
4. The Consent Decree was extended on April 17, 2018.
5. On June 20, 2018, Juvenile was transported to the Hershey
Medical Center Emergency Department, where it is reported
in the written allegations, that Juvenile assaulted six (6)
nurses or staff members in the Emergency Department that
were actively attempting to treat her. These events gave
rise to charges of Aggravated Assault and Disorderly
Conduct.
6. Between July 2018 and March 2019, six (6) status hearings–
an official on-the-record conference with court, counsel, and
juvenile probation–were held to update the court of
Juvenile’s then health, safety, location, and ongoing
4
CP-21-JV-0224-2018
treatment, as well as to establish a time line for a prompt
adjudicatory hearing.
7. These status hearings were held on and are designated in
the record as follows:
a. Notes of Testimony, Status Hearing, July 30, 2018
(N.T. 7/30/18, at __.);
b. Notes of Testimony, Status Hearing, August 20, 2018
(N.T. 8/20/18, at __.);
c. Notes of Testimony, Status Hearing, October 1, 2018
(N.T. 10/1/18, at __.);
d. Notes of Testimony, Status Hearing, November 5,
2018 (N.T. 11/5/18, at __.);
e. Notes of Testimony, Status Hearing, February 11,
2019 (N.T. 2/11/19, at __.); and
f. Notes of Testimony, Status Hearing, March 11, 2019
(N.T. 3/11/19 at, __.).
8. The seventh transcript, also designated as a Status Hearing,
was originally set as a Finding of Fact hearing, but it was
4
converted into an Admission and an Adjudication.
9. Notably from the transcripts Juvenile’s Counsel made the
following representations at the August 20, 2018 Status
Hearing:
\[COUNSEL\]: I have a call also into Krista Wilson, who is the
case manager. She did not call me back since I called her
this morning. …
4
N.T. 4/17/19, at 2-5.
5
CP-21-JV-0224-2018
\[COUNSEL\]: Yeah. So my plan is to go – assuming Krista
tells me that it will not be negative to \[Juvenile\], I am going to
go see her next week. That is all I can tell you. I haven't
talked to her about these cases. They are obviously very
serious. I don't know what she is going to tell me, if anything,
and all I can do is come back and— …
THE COURT: And by next week \[Counsel\] may have some
additional information that we go right, left or center, but at
least it is on the books now and we know where we are
going from there, and if we need to do something in the short
term, I certainly will. I am not wishing her any ill will down
there in Virginia, but I know she has been everywhere in
Pennsylvania. She has been in Massachusetts. She has
been in Wisconsin.
\[COUNSEL\]: And to be honest with you, that is my only
concern about this. I agreed to go down and see her, and I
am okay doing that, but if talking to her attorney about
serious aggravated assault is going to set her off, that is
not—
THE COURT: Yeah, and we don’t—
\[COUNSEL\]: You understand what I am saying.
THE COURT: And we don’t know until we get—
\[COUNSEL\]: And that is why I want to talk to the case
manager first so that she can say to me, oh, yeah, she is in a
good place and she can talk to you as opposed to, ma'am,
we need some more time before you can get out of here. So
I will let everybody know as soon as I talk to the case
5
manager.
10. At the next conference on October 1, 2018, Counsel
advised:
\[COUNSEL\]: Well, what I can to tell you, if you are
interested–
5
N.T. 8/20/19, at 5-7.
6
CP-21-JV-0224-2018
THE COURT: Sure.
\[COUNSEL\]: – is I had a long conversation with \[Juvenile\]’s
caseworker late this morning, and what she tells me was
some very positive things. Number one, \[Juvenile\] is eating
her vegetarian diet. She is taking her appropriate
medication. She has not been in any restraints. Family
counseling has started, and apparently that is even actually
going well. So overall what they are telling me is we are
really seeing some positive things happening. There was
some major hiccups with payments apparently, but what I
gather is the Commissioner’s \[sic\] have agreed to pay even
though the insurance fell off. So I am not sure of all of the
details, but they tell me Cumberland County is writing the
checks, and they are big checks, huge checks.
THE COURT: Yeah.
\[COUNSEL\]: But in any event–but what I asked the
caseworker pointblank was realistically when could
\[Juvenile\] come here, and she basically said she has to be
on level 3 consistently of her bulmia \[sic\], anorexic protocol.
She is on level 2 now, which is also good. Mainly because
they do not want her out of sight at any mealtimes because
they monitor that very closely, as you and I have already
discussed. And she is now eating somewhere between 60
and 100 percent of all of her meals. That in itself is a positive
thing. And mom is not interfering, which is good, but I do
agree that she needs to hear it more. There is a hearing–and
my suspicion is they are not going to bring \[Juvenile\] up. It is
at the end of October. I suspect they will probably do that by
video.
THE PROBATION OFFICER: Yes. I am sorry.
\[COUNSEL\]: That's what I understand. In any event, in terms
of putting a time on it, the caseworker tells me 6 to 8 weeks
at the earliest until they would be comfortable letting her out
of the facility. Now, on Wednesday she has been charged
with an assault on another resident down there, slapped her
or something. So they are going to charge her down in
Virginia, which also means that that charge–if she is found to
7
CP-21-JV-0224-2018
have committed it, they will probably adjudicate her and then
send it up to us for–by interstate. Which means we will then
have an adjudicated charge that we can utilize if necessary.
I just point that out to everybody so that we understand
where we are. But in the meantime I don't see an admission
in this case and–
THE COURT: And that's okay.
\[COUNSEL\]: No, I know that's -- I am just being very honest,
and Ms. Perchinski and I talked about it at length. And mom
is partly the heart of that but – because her daughter is going
to listen to her so. When I have conversations with \[Juvenile\]
directly she has been very cooperative with me, and I think
we are getting along. So we are going to continue to have
those conversations.
THE COURT: And you are correct about, you know, we just
need the adjudication. I am going to tell you point blank, I
would put it in my back pocket for now and let Children and
Youth do their thing, you know, but if we had another
breakdown like we did the other time when Children and
Youth had to get her down to Virginia and mom was going
off the rails for that, that won't happen here.
\[COUNSEL\]: Well, it sounds like if we can keep her down at
Cumberland this is the last and maybe best option for her. It
is really a very specialized facility, and what they do down
there is good work, but it is–
THE COURT: It is long work.
\[COUNSEL\]: Well, that's exactly right.
THE COURT: And you can’t expect 15 years of damage to
be undone in a week or a month.
\[COUNSEL\]: And the other thing that they are concerned
about, and I shared this with Ms. Perchinski as well, is they
are just concerned about her having to go through all of this.
They are worried how she is going to react on Wednesday to
a hearing that they say is just appointment of counsel that
she is going to have to go. So bringing her back up here for
a trial too early is not a good thing. …
8
CP-21-JV-0224-2018
\[COUNSEL\]: At least she seems to be doing much better in
treatment than she has over the past couple treatment
6
modalities.
11. At the conference on February 11, 2019, Counsel indicated
that “this seems to be the longest time she has spent in one
place in treatment, so there must be something happening
down there. Of course, I haven’t seen any updated reports,
7
so I do not know.”
12. All present at the March 11, 2019 conference were notified
to be prepared for a Finding of Fact hearing that would
coattail upon the scheduled April 2019 dependency
proceeding and that the delinquency hearing time would float
around the other proceeding, the court further indicated to be
prepared for all possible outcomes, and that the record
information was available to go in whatever direction
possible as presented by the situation.
13. Hearing Counsel was not present at the July 30, 2018 nor
the November 5, 2018 conferences; however, when pressed
by the court, stand-in counsel gave assurances that Counsel
6
N.T. 10/1/18, at 3-8.
7
N.T. 2/11/19, at 3.
9
CP-21-JV-0224-2018
would be ready for the hearing despite not being available
for the conferences.
14. From the initial conference to the taking of the admission,
the court advised all, particularly Juvenile, of the court’s
intention to follow the treatment plan from dependency court.
15. Specifically, prior to accepting the April 17, 2019 admission,
the following colloquy occurred:
THE COURT: Okay. Now, before I ask the last question
about do you admit, I want to ask what do you think’s going
to happen based on your admission?
THE JUVENILE: Like the consequences?
THE COURT: We will take that.
THE JUVENILE: More probation time, I guess.
THE COURT: Okay. Is your life going to change today?
THE JUVENILE: I don't think. Like–
THE COURT: Is she seeing Judge Peck today?
MS. PERCHINSKI: She is, Your Honor.
THE COURT: Okay. I am not going to interfere with the
treatment you are undergoing right now.
THE JUVENILE: Okay.
THE COURT: All right? In fact, I am not going to do a whole
lot of anything at this point. I want to give you the
opportunity to prove to yourself and to me and to your
attorney and your family that you can and will and are getting
better—doing better, okay?
THE JUVENILE: Yes.
10
CP-21-JV-0224-2018
THE COURT: And if you do that, I am not going to jump in
there and tell you what to do. All right? If you go to Judge
Peck’s courtroom there’s all kinds of other people talking and
it is not one-on-one interaction, right?
THE JUVENILE: Yes.
THE COURT: You see a lot of other people making
interaction with the judge and you are only a fraction of it.
Here I am focused laser beam on you.
THE JUVENILE: Yes.
THE COURT: It may be uncomfortable for some people, but
that's the difference between the courts. All right. She does
dependency, I do delinquency. All right. And I am not going
to make any ruling on the delinquency here at this point as
long as you are in treatment, complying with treatment, and
getting things done. If you’re making progress, I’m happy. I
don’t have to jump in. It is when you're not making progress
that I will jump in. So your life isn’t going to change from
what you are doing now.
THE JUVENILE: All right.
THE COURT: Is Judge Peck asking you to do something
that you can’t do?
THE JUVENILE: No.
THE COURT: Okay. So I will continue to follow on that. The
other thing I note as to the consequence of this is if you don’t
have additional situations—charges, is what \[Counsel\] put
down, that they are looking to expunge this case.
8
THE JUVENILE: Yes.
16. The April 17, 2019 delinquency adjudication directed
Juvenile to “continue on with dependency treatment that she
8
N.T. 4/17/19, at 7-9.
11
CP-21-JV-0224-2018
9
is ongoing until successful completion.”
17. The memorandum from probation in advance of the April 17,
2019 hearing specifically requested “\[i\]f \[Juvenile\] is found to
be in need of treatment, supervision and rehabilitation
Probation recommends that she be adjudicated delinquent
and placed on formal probation supervision. It is also
recommended that she return back to the Cumberland
Hospital in Virginia to continue her treatment and remain
10
there until all treatment is successfully completed.”
DISCUSSION
Statement of Law – As this court was instructed in In Interest of
C.S.S., 1799 MDA 2017 (Pa. Super., filed January 25, 2019), in order to
adjudicate a juvenile delinquent, “a juvenile court must determine (1) that
the juvenile committed the delinquent acts alleged; and (2) that the juvenile
is in need of treatment, supervision, or rehabilitation, before it may enter an
adjudication of delinquency.” Id., (citing Commonwealth v. M.W., 39 A.3d
958, 962 (Pa. 2012)). Once the juvenile court determines that the child
committed the alleged act, it must hold a dispositional hearing in which it
9
Id., at 13.
10
RNH record-Bates stamped, at 12 (Dispositional Memo, dated April 17, 2019,
Probation Officer’s Analysis and Summary).
12
CP-21-JV-0224-2018
“hear\[s\] evidence as to whether the child is in need of treatment,
supervision\[,\] or rehabilitation.” M.W., 39 A.3d at 965. “If the court finds
that the child is not in need of treatment, supervision\[,\] or rehabilitation\[,\] it
shall dismiss the proceeding and discharge the child from any detention or
other restriction theretofore ordered.” Id.; see also Pa.R.J.C.P. 409(1). “If
the court determines the juvenile is in need of treatment, supervision, or
rehabilitation, the court shall enter an order adjudicating the juvenile
delinquent and proceed in determining a proper disposition under Rule
512.” Pa.R.J.C.P. 409(2)(a). The court shall receive any oral or written
evidence from both parties and the juvenile probation officer that is helpful
in determining disposition, including evidence that was not admissible at
the adjudicatory hearing and give the juvenile and the victim an opportunity
to be heard. Pa.R.J.C.P. 512.
Application of Facts to Laws – The prerequisite for any adjudication of
delinquency is the determination that a delinquent act occurred, which in
this case was made for the court by Juvenile’s admission. Consequently a
hearing was necessitated to determine if the juvenile is in need of
treatment, supervision, or rehabilitation. In this case the hearing facts and
evidence necessary for that determination are found in the numerous
conferences, held in advance of the admission, to update the court on
13
CP-21-JV-0224-2018
Juvenile’s then-health, safety, and continuing need for ongoing treatment.
At times Counsel was prepared for the conferences; however, at other
times Counsel was not prepared although the court was ready to proceed.
This case should not be reversed now just so that Counsel can become
informed of the facts established in the record and of what the court already
understands.
It would be a grave disservice to Juvenile, a child whose medical
reports indicate that she does not travel well, to bring her back in sixty (60)
days to have an adjudication on well-settled facts. Prior to entering her
admission, Juvenile knew what would be expected of her and
acknowledged she could continue the course of treatment that was
expected of her from the dependency court plan.
All parties were noticed on the record, prior to the set hearing date,
that the court expected everyone to be prepared to move forward in
multiple directions. Further notice was given when probation requested the
delinquency adjudication in the written memorandum, and the court
previously stated the adjudication options at the periodic conferences
based on medical reports, including Counsel’s own oral report. Counsel’s
position that he now needs to see reports from the hospital and to speak
further with the caseworker is indefensible; it should have already been
14
CP-21-JV-0224-2018
done. The delinquency court buttressed the plans of the dependency court
by promoting and encouraging Juvenile’s continued treatment; to perform
any contrary action would impede Juvenile’s slow but progressing
restoration to health.
The record establishes Juvenile’s substantial need for continued
treatment, supervision, and rehabilitation. Counsel’s appeal is without
merit and should be denied.
By the Court,
________________________
Thomas A. Placey C.P.J.
Distribution:
Lauren Perchinski, Esq.
Ron Turo, Esq.
Juvenile Probation
15