In Re Kerr

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that violation of a statutory procedural requirement under the Juvenile Act did not implicate a post-confinement remedy where the procedure was directed at constraining the terms of custody, which had terminated
• holding that violation of a statutory procedural requirement under the Juvenile Act did not implicate a post-confinement remedy where the procedure was directed at constraining the terms of custody, which had terminated
• holding the purpose of a similar Pennsylvania Juvenile Code provision calling for adjudicatory hearing within ten days is to prevent lengthy pre-hearing confinement
• holding under Pennsylvania law that failure to schedule an adjudicatory hearing within the ten-day statutory limit does not result in loss of jurisdiction
• stating, “Absent an unequivocal expression from the Legislature that loss of jurisdiction follows from a violation of the statute, we are unwilling to so declare”
• juvenile held beyond period of time provided by statute can petition court for immediate release (which guardian ad litem did not, but Stepmother did), and if not released, can petition the Superior Court (which Stepmother did not)

Source: CourtListener parenthetical corpus (CC0).

Cited by

6 cases in this archive cite this case.

• DB v. State, Department of Family Services
  Wyoming Supreme Court· 1993-10-04· cited 23×
• In the Interest of R.M.
  Supreme Court of Pennsylvania· 2002-02-21· cited 19×
• In Re: H.K., Appeal of: Greene County CYS
  Superior Court of Pennsylvania· 2017-10-13· cited 16×
• In the Interest of J.P.
  Superior Court of Pennsylvania· 2003-09-05· cited 15×
• In the Interest of: M.Y.C., Appeal of: Y.L.C.
  Superior Court of Pennsylvania· 2020-03-13· cited 3×
• In Re RM
  Supreme Court of Pennsylvania· 2002-02-21

Cites

3 cases in this archive are cited by this case.

• In the Interest of DelSignore
  Superior Court of Pennsylvania· 1977-06-29· cited 55×
• Hemenway v. Hemenway
  Superior Court of Pennsylvania· 1981-02-27· cited 9×
• Nemeth v. Nemeth
  Superior Court of Pennsylvania· 1981-07-31· cited 4×