In the Interest of: J.M.G. (majority)
Annotate this CaseAppellant, J.M.G., was born in August 1996. From an early age, J.M.G. experienced chronic mental health issues and a series of resultant hospitalizations. Following an incident in 2013, during which he attempted to choke his adoptive mother (Mother), J.M.G. consented to a voluntary admission into Philhaven, a behavioral health facility treating children and adolescents. Thereafter, J.M.G. agreed to a voluntary admission into Bradley Center, a residential treatment facility. While at Bradley Center, J.M.G. made revelations to Mother that he had been sexually inappropriate with his adoptive sister. Mother referred the matter to Childline. A subsequent investigation resulted in J.M.G. being adjudicated delinquent for one count of misdemeanor indecent assault. The Pennsylvania Supreme Court granted allowance of appeal in this case to decide whether the harmless error doctrine was applicable to determinations made by the trial court under Act 211 when the materials provided to the Sexual Offender Assessment Board (SOAB), and considered by the Commonwealth’s expert in preparing his report and rendering his opinion, erroneously contained privileged communications under 42 Pa.C.S. section 5944 of the Judicial Code, establishing psychologist-patient privilege. After review, the Supreme Court concluded the harmless error doctrine did not apply.
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