In the Interest of: J.H., Appeal of: J.H. (memorandum)
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J-S13012-14 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN THE INTEREST OF: J.H. IN THE SUPERIOR COURT OF PENNSYLVANIA APPEAL OF: J.H. No. 831, 832 WDA 2013 Appeal from the Order January 16, 2013 In the Court of Common Pleas of Clearfield County Juvenile Division at No(s): CP-17-JV-0000145-2012 CP-17-JV-0000146-2012 BEFORE: PANELLA, J., MUNDY, J., and STABILE, J. MEMORANDUM BY PANELLA, J.: FILED: April 23, 2014 Appellant, J.H., a minor, appeals from the dispositional orders1 entered January 16, 2013, in the Court of Common Pleas of Clearfield County, following his adjudication on the charge of, inter alia, rape of a child.2 We affirm.3 The juvenile court summarized the facts and procedural history of this case as follows. ____________________________________________ 1 J.H. purports to appeal from the order entered April 12, 2013, which denied his Motion for Reconsideration and/or Motion for a new Trial. We have amended the caption accordingly. 2 3 18 PA.CONS.STAT.ANN. § 3121(c). On September 27, 2013, this Court consolidated the appeals J.H. filed from the two separate dispositional orders docketed at 831 WDA 2013 and 832 WDA 2013. J-S13012-14 On November 7, 2012, an Juvenile Petition Alleging Delinquency was filed against Juvenile, J.H., in the above captioned matters charging him with count(s) of: Rape of a Child, Criminal Attempt to Commit Rape of a child, Involuntary Deviate Sexual Intercourse with a child, all felonies of the first (1st) degree; Indecent Assault, a felony of the third (3rd) degree; and Harassment, a summary. The Complaint alleges that in 2008 through 2009, Juvenile anally penetrated a male juvenile (age four (4) and five (5) at the times stated) sibling, also a male juvenile (age eight (8) and nine (9) at the to give Juvenile oral sex on two occasions. The Complaint further indicates that N.S. reported the assault in August 2012 which eventually led to the disclosure by both victims to the police and the filing of the charges. Juvenile appeared before the Clearfield County Department interview, accompanied by his attorney. On January 15, 2013, one (1) day before the Adjudication hearing, Juvenile faxed a Motion for Continuance to the [c]ourt, and did not serve the Commonwealth. The [c]ourt denied the Motion. On January 16, 2013, an Adjudication and Disposition Hearing was held before this [c]ourt, with the commonwealth and Juvenile, represented by counsel, presenting evidence and testimony. The [c]ourt found Juvenile delinquent and ordered testing, and have no contact with the victims. The [c]ourt also found that it was in the best interests of Juvenile to be removed from the home of his parents, and he was thereafter placed at Appalachian Youth Service (AYS) in Edensburgh, Cambria County, Pennsylvania, where he currently remains. Juvenile filed a Motion to Set Aside Offen Registration on January 17, 2013, and a Motion for Reconsideration and/or Motion for a new Trial on January 25, 2013. A [h]earing on said Motions was held on March 15, 2013, and the [c]ourt ordered appropriate letter briefs from the parties thereafter. On April 12, 2013, the [c]ourt issued an Opinion and with any and requirements. all applicable -2- sex offender registration J-S13012-14 Juvenile Court Opinion, 8/6/13 at 1-2. This timely appeal followed. On appeal, J.H. raises the following issues for our review: 1. Did the lower court err by denying the motion for continuance of trial filed by defense counsel? 2. Did the lower court err by ordering an out of home placement disposition at the same moment of adjudication? 3. Did the lower court err by adjudicating appellant J.H. due to lack of weight and sufficiency of the evidence? 4. Did the Clearfield County Juvenile Probation department operating under the direction of the [c]ourt err in obtaining a Psycho/Sexual evaluation of the juvenile recommending treatment prior to adjudication? We note that The Juvenile Act grants broad discretion to the court in disposition. In the Interest of A.D., 771 A.2d at 53 (citing 42 Pa.C.S.A. §§ 6341, 6352; In re Love, 435 Pa.Super. 555, 646 A.2d 1233 (1994)). This Court will not disturb a disposition absent a manifest abuse of discretion. Love, 646 A.2d at 1238. The purpose of the Juvenile Act is as follows: 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. Legislature's clear intent to protect the r Interest of J.C., 751 A.2d at 1181. In re L.A., 853 A.2d 388, 394 (Pa. Super. 2004). -3- community while In the J-S13012-14 With our applicable standards of review in mind, we have examined the certified record, the briefs of the parti and the applicable law, and we find that the juvenile court ably and methodically addressed the issues J.H. presented on appeal. Accordingly, -written memorandum opinions. See Juvenile Court Opinion, 4/12/13; 8/6/13. Dispositional orders affirmed. Jurisdiction relinquished. Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 4/23/2014 -4-
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