In the Int. of: M.E.C., a Minor Appeal of: M.E.C. (memorandum)

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J-A27008-13 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN THE INTEREST OF: M.E.C., A MINOR, APPEAL OF: M.E.C. : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 349 MDA 2013 Appeal from the Order Entered February 11, 2013 In the Court of Common Pleas of Dauphin County Juvenile Division at No(s).: CP-22-JV-0000215-2012 BEFORE: BENDER, P.J., WECHT, J., AND FITZGERALD*, J. MEMORANDUM BY BENDER, J.: FILED JANUARY 13, 2014 M.E.C., a minor, appeals from the order entered on February 11, 2013, which revoked a consent decree and placed him on formal probation. We vacate and remand. In January 2012, Appellant forced the minor victim to perform oral sex upon him. Thereafter, Appellant was alleged delinquent for the following offenses: Involuntary Deviate Sexual Intercourse, 18 Pa.C.S. § 3123(1), (2); Sexual Assault, 18 Pa.C.S. § 3124.1; Indecent Assault, 18 Pa.C.S. § 3126(a)(1); and Indecent Exposure, 18 Pa.C.S. § 3127. offenses, the trial court entered a consent decree. A condition of the consent decree probation required Appellant to obtain a psychosexual evaluation and follow any treatment recommendations. Pursuant to his treatment recommendations, Appellant entered counseling. On December 10, 2012, Appellant signed a treatment contract that obligated him to refrain from possession of any pornographic material or visiting establishments that *Former Justice specially assigned to the Superior Court. J-A27008-13 maintain or distribute such materials. However, during a counseling session, Appellant disclosed that he had viewed pornography. On January 14, 2013, disclosure to his counselor, the probation office moved to revoke the consent decree. The trial court held a hearing, following which it revoked its consent decree and imposed formal probation. The trial court supported its decision with an opinion filed pursuant to Pa.R.A.P. 1925(a). In his timely appeal, Appellant asserts that the trial court erred treatment, reformation, and rehabilitation purposes of the Juvenile Act; and (2) Appell -dispositional See A petition alleging delinquency must be disposed of in accordance with the Juvenile Act. See In the Interest of J.J., 848 A.2d 1014, 1017 (Pa. Super. 2004) (citing In the Interest of Bosket, 590 A.2d 774, 776 (Pa. Super. 1991)); 42 Pa.C.S. §§ 6301 et seq in three ways: (1) by informal adjustment; (2) by consent decree, or (3) by he Id. at 1017 (citing Commonwealth v. J.H.B., 760 A.2d 27 (Pa. Super. 2000)). Juvenile Act grants broad discretion to the court when determining an appropriate disposition. We will not disturb a disposition absent a manifest In the Interest of R.D., 44 A.3d 657, 664 (Pa. 2 J-A27008-13 Super. 2012) (quoting In the Interest of R.D.R., 876 A.2d 1009, 1013 ifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of Commonwealth v. Rodriguez, 2013 PA Super 302, --- A.3d ---, at 2 (quotation omitted). Appellant argues that revocation of his consent decree undermined the treatment, reformation, and rehabilitation purposes of the Juvenile Act. See In the Interest of J.B., 39 A.3d 421, 427 (Pa. Super. 2012) (citing In the Interest of C.M.T., 861 A.2d 348, 356 (Pa. Super. 2004)). Specifically, Appell accountability and the development of personal qualities that will enable the juvenile offender to become a responsible and productive member of the Id. (quoting In the Interest of R.D.R., 876 A.2d 1009, 1013 (Pa. Super. 2005)). According to Appellant, by disclosing his use of pornography he committed to honest participation in the therapy process. Revocation of the consent decree, thus, was counter to the legislative intent of the Juvenile Act and hampered the goal of productive reintegration into the community. (b) Purposes. -- This chapter shall be interpreted and construed as to effectuate the following purposes: 3 J-A27008-13 (2) Consistent with the protection of the public interest, to provide for children committing delinquent acts programs of supervision, care and rehabilitation which provide balanced attention to the protection of the community, the imposition of accountability for offenses committed and the development of competencies to enable children to become responsible and productive members of the community. 42 Pa.C.S. § 6301(b)(2). In addition to treatment, reformation, and rehabilitation, an express purpose of the Juvenile Act is protection of the community. Id. The trial court must balance these purposes in the exercise of its discretion. See In the Interest of R.W., 855 A.2d 107, 111 (Pa. Super. 2004) (vacating an order of the trial court for failure to balance the public interest against the rehabilitative needs of the juvenile). decision. There is no evidence that establishes when Appellant allegedly violated the treatment contract. significant. The timing of his alleged violation is On December 10, 2012, Appellant signed the contract, obligating him to refrain from possession of any pornographic material. Absent evidence sufficient to establish that Appellant violated its terms after he agreed to be bound by them, revocation of the consent decree was occurred at the outset of his treatment. Failure to consider the timing of isclosure risks undermining the balance required by the Juvenile Act. See In the Interest of J.B., 39 A.3d at 427; In the Interest of R.W., 855 A.2d at 111. 4 J-A27008-13 Because sufficient evidence is not of record, we conclude the trial court abused its discretion. In the Interest of R.D., 44 A.3d at 664. Accordingly, we vacate the February 11, 2013 order and remand for a new hearing consistent with this memorandum. See Commonwealth v. Mullins, 918 A.2d 82, 85practice of remanding for new violation of probation hearings when revocations are vacated due to insufficient evidence).1 Order vacated. Case remanded. Jurisdiction relinquished. Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 1/13/2014 1 5

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