In the Interest of T.P.
78 A.3d 1166
| Pa. Super. Ct. | 2013Background
- Juvenile was adjudicated delinquent for indecent assault, harassment, and indecent exposure based on acts involving a 12-year-old victim, with age at time of acts under 14.
- Disposition required sex-offender counseling with the Commonwealth Clinical Group, which mandated a polygraph examination as part of treatment.
- During a pre-polygraph interview, Juvenile admitted sexual misconduct involving a family member, leading to a delinquency petition alleging IDSI and indecent acts.
- Juvenile moved to suppress statements, arguing violations of Miranda, lack of knowing voluntary and intelligent waivers, and that admissions were barred by the Juvenile Act § 6338(c)(1) as part of screening/assessment.
- The suppression court suppressed the statements under § 6338(c)(1); the Commonwealth appealed under Pa.R.A.P. 311(d).
- The Superior Court affirmed, holding § 6338(c)(1) applied because the pre-polygraph interview was an assessment under the Juvenile Act, and the court properly used that statute to suppress the statements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the claim under § 6338(c)(1) was properly considered despite alleged waiver | Juvenile: waiver not required; issue reasonably raised and court duly applied law | Commonwealth: waiver under Rule 302 precludes consideration | Waiver not controlling; court may affirm on proper basis |
| Whether the pre-test polygraph interview constitutes an 'assessment' under § 6338(c)(1) | Juvenile: interview was part of assessment and treatment; protected by § 6338(c)(1) | Commonwealth: interview primarily treated as 'treatment' not 'assessment' | Interview can be an assessment (and part of treatment); § 6338(c)(1) applies |
Key Cases Cited
- Commonwealth v. Pena, 31 A.3d 704 (Pa.Super.2011) (trial court acted as advocate by sua sponte addressing grounds not raised)
- Rauch v. Commonwealth, 78 Pa. 490 (Pa.1875) (court may notice law when acting under statutory authority)
- In re R.A., 761 A.2d 1220 (Pa.Super.2000) (juvenile proceedings are non-adversarial; focus on rehabilitation)
- Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255, 322 A.2d 114 (Pa.1974) (plain error waiver doctrine; issues must be properly preserved)