Commonwealth v. B.S.

This case involves a youth, B.S., who was confined by court order for unrelated charges at a facility for youth charged with sexual offenses. During interviews with facility staff and child services workers, B.S. made incriminating statements. Because his statements were made to mandatory child abuse reporters, B.S. was reported for sexual abuse and referred to law enforcement.

The issue at stake was whether the youth's statements were voluntary, as B.S. was never informed of his rights—including his right to counsel, right to have an adult present during the interview, and his ability to walk out of the interview—and was never clearly advised of the ramifications of his statements.  

Juvenile Law Center filed an amicus brief in the Pennsylvania Superior Court, seeking affirmance of the trial court’s suppression of the statement on voluntariness grounds. 

The Pennsylvania Superior Court held that a confession made by a youth during treatment while involuntarily committed is not “per se involuntary absent certain procedural safeguards,” and that, in this case, the Commonwealth had met its burden of proof showing that the confession was voluntary.