452 Pa. 373 | Pa. | 1973
Opinion by
Ricky Ricardo Green (Ricky), the son of separated parents, Nathaniel and Ruth Green, was born on September 10,1955, and has had two attacks of poliomyelitis, causing problems of obesity. In addition, Ricky now suffers from paralytic scoliosis (94% curvature of the spine). Ricky’s mother, with whom he lives, consented to a recommended “spinal fusion” to relieve Ricky’s bent position but since she is a Jehovah’s Witness, refused to consent to any blood transfusions which are necessary for surgery. This caused the Director of the State Hospital for Crippled Children at Elizabeth-town, Pennsylvania, to file a “petition to initiate juvenile proceedings”
The Court of Common Pleas, Family Court Division, Juvenile Branch, of Philadelphia dismissed the petition, following an evidentiary hearing. The Superior Court unanimously reversed and remanded the matter for the appointment of a guardian. Green Oase, 220 Pa. Superior Ct. 191, 286 A. 2d 681 (1970). We granted allocatur.
On March 28,1973, an evidentiary hearing was held. The hearing judge found the following:
“Ricky is a good looking young man of seventeen with a pleasant facial expression. He appeared a little overweight but not obese at this time. He sat erect in his wheelchair without visible appearance of the curvature of his spine. He is in the tenth grade at Widener School and hopes to graduate in June, 1975.
“He answered all questions without hesitation and appeared to understand the benefit he might receive from the operation and the possible complications if he did not have it. In view of all the testimony, it is clear that he does not wish to have this operation.” In addition, a review of the notes of testimony of the evidentiary hearing discloses that Ricky’s decision was not based solely on religious grounds. He also stated that he liad been in the hospital a long time already, a.nd that no one “says it is going to come out right.”
The order of the Superior Court is reversed and the order of the Court of Common Pleas, Family Court Division, Juvenile Branch, of Philadelphia is affirmed.
This action was taken pursuant to the Juvenile Court Law, Act of June 2, 1933, P. L. 1433, §1 et seq., as amended, 11 P.S. §243 et seq.
Mr. Justice Eagen filed a dissenting opinion, in which Mr. Justice Roberts and Mr. Justice Pomeeoy joined.