# In Re Tameka M.

> Supreme Court of Pennsylvania · September 21, 1990 · 525 Pa. 348

URL: https://www.frixlaw.com/law-library/cases/9649898

## Case

- **Full name:** In Re TAMEKA M., a Minor. Appeal of CHILDREN AND YOUTH SERVICES OF ALLEGHENY COUNTY
- **Court:** Supreme Court of Pennsylvania
- **Decided:** September 21, 1990
- **Citations:** 525 Pa. 348; 580 A.2d 750; 1990 Pa. LEXIS 171
- **Precedential status:** Published
- **Opinion:** Dissent by McDERMOTT
- **Judges:** Nix, Larsen, Flaherty, McDermott, Zappala, Papadakos, Cappy
- **Cited by:** 46 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9649898

## How later opinions describe it (automated extraction)

- holding that “[t]he Juvenile Court maintains a continuing plenary jurisdiction in dependency cases under 42 Pa.C.S.[] § 6351 and has the power to review the circumstances of dependent juveniles and to question both the legal custodian, CYS, and the foster parents concerning th…
- stating, “In ordering a disposition under Section 6351 of the Juvenile Act, the court acts not in the role of adjudicator reviewing the action of an administrative agency, . . . rather the court acts pursuant to a separate discretionary role with the purpose of meeting the chi…
- stating, “[i]n ordering a disposition under Section 6351 of the Juvenile Act, the court acts not in the role of adjudicator reviewing the action of an administrative agency, . . . rather the court acts pursuant to a separate discretionary role with the purpose of meeting the c…
- noting that under 42 Pa.C.S. § 6351(a), trial court contemplating an “order of disposition best suited to the protection and physical, mental and moral welfare of [a dependent] child” may be faced with options of two “equally effective schools, both suited to the child’s needs”

## Opinion text

McDERMOTT, Justice,
dissenting.
The authority to select educational resources for children in the care of the Children and Youth Services of the Department of Welfare is circumscribed by budgetary restraints. That many may be served those restraints must be observed. However laudable may be purposes other than those prescribed by the agency, we cannot select more for one dependent than we can give to all. I respectfully and regretfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9649898. Public record. Not legal advice.