2006 Pa. Super. 359 - Ramer v. Ramer’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The meaning of section 5303(c) ... is made plain by the statutory language. See Fritz v. Wright, 589 Pa. 219 , 907 A.2d 1088, 1090 (2006) (stating that statutes are to be interpreted in accordance with their plain language). It requires the trial court to appoint a “qualified professional” who shall then counsel the “offending parent.” 23 Pa.C.S. § 5308(c). While the modifier “qualified” is not defined in the statute, it becomes superfluous if not read to require the professional to have expertise tied to the particular offense under assessment. See Commonwealth v. Lassiter, 554 Pa. 586 , 722 A.2d 657, 661 (1998) (rejecting statutory interpretation that would render a word superfluous because such would conflict with the “axiom of statutory construction that whenever possible each word in a statutory provision is to be given meaning and not to be treated as surplusage”) (citation omitted). Realistically, whether the offending parent poses a threat of harm to the child cannot be assessed adequately without an understanding of that parent’s particular criminal conduct and the nature of the offense. Our laws recognize that sexual offenders in particular often present with unique mental health issues. See, e.g., 42 Pa.C.S. § 9795.4 (requiring expert assessment of offenders who commit specified sexual offenses). Obviously, these same issues can gravely impact the best interests of a child in a custody setting. By requiring the trial court to “appoint” the qualified professional, t”

   1 later decision quote this exact passage · from the majority
   e.g. 2009 Pa. Super. 60 - Cramer v. Zgela

2. “(c) Counseling. — In making a determination to award custody, partial custody or visitation pursuant to subsection (b), the court shall appoint a qualified professional to provide counseling to an offending parent described in subsection (b) and shall take testimony from that professional regarding the provision of such counseling prior to issuing any order of custody, partial custody or visitation. Counseling, required in accordance with this subsection, shall include a program of treatment or individual therapy designed to rehabilitate a parent which addresses, but is not limited to, issues regarding physical and sexual abuse, domestic violence, the psychology of the offender and the effects of abuse on the victim. If the court awards custody, partial custody or visitation to an offending parent described in subsection (b), the court may require subsequent periodic counseling and reports on the rehabilitation of the offending parent and the well-being of the child following an order relating to custody, partial custody or visitation. If, upon review of a subsequent report or reports, the court determines that the offending parent poses a threat of harm to the child, the court may schedule a hearing and modify the order of custody or visitation to protect the well-being of the child.”

   1 later decision quote this exact passage · from the majority
   e.g. 2009 Pa. Super. 60 - Cramer v. Zgela

3. “remanded with instructions to comply with the plain language of 23 Pa.C.S. § 5303(b) and (c).” Id. at 902. 3 . Neither party objected to Mr. Walmer’s presence. 4 . Rule 240(f) (”

   1 later decision quote this exact passage · from the majority
   e.g. 2009 Pa. Super. 60 - Cramer v. Zgela