In re C.B.

In re C.B. presented the Pennsylvania Superior Court with an opportunity to revisit the evidentiary burden necessary for a court to adjudicate a juvenile as delinquent. C.B. was found to have possessed child pornography. At his dispositional hearing, he presented an expert who opined that the juvenile did not need further supervision, treatment, or rehabilitation. The Commonwealth presented no evidence to the contrary. The lower court relied on  42 Pa.C.S. § 6341(b), which creates a statutory presumption that any juvenile who commits a felonious act needs further supervision, treatment, or rehabilitation. The Superior Court held that the defense expert did not overcome that presumption and affirmed the dispositional order.

In-re-CB