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J-S66011-12

2012 PA Super 263 IN THE INTEREST OF: T.D., JR., A MINOR, IN THE SUPERIOR COURT OF PENNSYLVANIA

APPEAL OF T.D., JR., A MINOR, Appellant No. 838 MDA 2012

Appeal from the Order Entered April 16, 2012 In the Court of Common Pleas of York County Juvenile Division at No(s): CP-67-JV-0000091-2012, CP-67-JV-00000922012, CP-67-JV-0000188-2012 BEFORE: BOWES, SHOGAN, and PLATT,* JJ. OPINION BY BOWES, J.: Filed: December 3, 2012

T.D., Jr., a minor, appeals from the April 16, 2012 dispositional order entered following adjudication of his delinquency. After careful review, we vacate the order and remand for entry of a new dispositional order. T.D. was charged at lower court docket No. 91 JV 2012 with burglary, criminal conspiracy to commit burglary, theft, and receiving stolen property, arising from the after-hours theft of video games from the Martin Library. Identical charges were filed at lower court docket No. 92 JV 2012, and involved the unauthorized entry into a private home and the theft of a cell phone, camera, tablet computer, Wii game system, nightstick, controllers,
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Retired Senior Judge assigned to the Superior Court.

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liquor and food.

After considering the testimony of Brian Grimm, the

director of operations at the library, Teresa Williams and her son, Zhaine Palmer, York City Police Detective Anthony Fetrow's account of his investigation and T.D.'s admissions to acts constituting theft and receiving stolen property filed at lower docket No. 188 JV 2012, the court concluded that T.D. committed the delineated delinquent acts and that he was "in need of treatment, supervision, or rehabilitation." See Pa.R.J.C.P. 408(C) and

409(A). The court proceeded to the disposition hearing. Juvenile probation supplied a report to the court indicating that T.D.'s mother had housing and substance abuse issues but recommended that T.D. remain in her custody. Additionally, probation asked the court to continue GPS monitoring, require T.D. to complete the Weekend Daikon Alternative Program ("WAP"), attend an after-school program at Pressley Ridge and the Quantum evaluation. T.D.'s mother advised the juvenile court that she had an abusive marriage and had allowed T.D.'s father to raise him, but, within the prior year, T.D.'s father simply left T.D. at mother's house. She acknowledged Opportunities through the YMCA, and order a psychiatric

that she had a history of substance abuse and several prior incarcerations. However, she allegedly had been substance free for one year and was undergoing counseling at Edgar Square, and she asked the court for a chance to parent T.D.

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The court placed T.D. on formal supervision.

He was directed to

complete ten weekends at the WAP Program, remain on GPS monitoring for at least thirty additional days, participate in the Quantum Opportunity Program every day after school, not commit any new delinquent acts, abstain from all drug and alcohol use, and abide by a curfew. Mother was ordered to undergo a 23 Pa.C.S.

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Pennsylvania Law