Friday, January 23, 2009

Superior Court - IN THE INTEREST OF F.C., III, a minor APPEAL OF: F.C., III

IN THE INTEREST OF F.C., III, a minor
APPEAL OF: F.C., III

No. 1302 WDA 2007 2009 PA Super 9 Atlantic: 966 A.2d 1131 Petition for Reargument Denied 1/23/2009 Filed: 1/23/2009

Appeal from the Order of June 12, 2007,
in the Court of Common Pleas of Allegheny County,
Civil Division at No. Docket No. 1081-07, History No. 67217-C
Before: MUSMANNO, DONOHUE and COLVILLE, JJ.
Opinion by: COLVILLE, J.
F.C., a minor, appeals the order committing him to involuntary drug and/or alcohol treatment under 71 P.S. § 1690.112a (commitment of minors, “Act 53”). The issues are: (1) whether F.C. was denied due process when, based solely on a petition for involuntary drug treatment, he was detained and subjected to a drug and alcohol assessment in which he was compelled to divulge private information without first being given notice and an opportunity to test the allegations in the petition; (2) whether his right to counsel was infringed when he was assessed without counsel present; (3) whether he was denied due process by being restrained in shackles prior to and during the hearing to determine his involuntary commitment; (4) whether his right to counsel was infringed during the hearing because, being held in restraints, he could not communicate with his counsel. We affirm.
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