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In re W.A.

SUPERIOR COURT OF PENNSYLVANIA
Jun 1, 2015
J-S31020-15 (Pa. Super. Ct. Jun. 1, 2015)

Opinion

J-S31020-15 No. 56 MDA 2015

06-01-2015

IN THE INTEREST OF: W.A. APPEAL OF: W.A.


NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Order Entered on December 24, 2014
In the Court of Common Pleas of Centre County
Civil Division at No.: 2006-660
BEFORE: BENDER, P.J., ALLEN, J., and WECHT, J. CONCURRING STATEMENT BY WECHT, J.:

I join in the disposition reached by the learned Majority. Our decisional law is clear that, in analyzing due process under the MHPA, we must consider the procedural protections provided by the statute relative to the specific situation. See Maj. Mem. at 5-6. I write separately only to express my unease with the situation where the attendant delay between the hearing and the rendering of a decision becomes progressively longer without any clear boundary regarding when due process is offended. We previously approved a delay when the decision was due on a Friday but rendered on a Monday in this case. See In re W.A ., 91 A.3d 702 (Pa. Super. 2015). Here, we approve of a delay when the decision was due on a Sunday and rendered on a Thursday. See Maj. Mem. at 2, 10. In In re S.L.W ., 698 A.2d 90 (Pa. Super. 1997), we approved a nine-day delay when the court provided an excuse that the appellant's son was seeking an alternative placement. While I agree that the instant delay is still within the bounds of due process as interpreted by our decisional law, the trial court must be on notice, especially since the history of W.A.'s mental health issues indicates this situation may recur, that it cannot allow the delay to continue to creep ever longer and expect growing delays to continue to receive approval in this Court.


Summaries of

In re W.A.

SUPERIOR COURT OF PENNSYLVANIA
Jun 1, 2015
J-S31020-15 (Pa. Super. Ct. Jun. 1, 2015)
Case details for

In re W.A.

Case Details

Full title:IN THE INTEREST OF: W.A. APPEAL OF: W.A.

Court:SUPERIOR COURT OF PENNSYLVANIA

Date published: Jun 1, 2015

Citations

J-S31020-15 (Pa. Super. Ct. Jun. 1, 2015)