B. Appeal Dr. Loren Roth

Juvenile Section, holding appellant, Dr. Loren Roth, in contempt. The circumstances surrounding the contempt citation occurred during the dispositional phase of a juvenile delinquency proceeding. A thirteen-year-old boy named "B" was adjudicated a delinquent after he escaped from a juvenile facility and participated in a theft of four automobiles. As part of the courts efforts to determine proper placement for the juvenile, both "B" and his mother were interviewed by various juvenile court personnel. In the course of these interviews it was learned that "Bs" mother had received inpatient psychiatric treatment at the University of Pittsburgh, Western Psychiatric Institute and Clinic (WPIC), on four occasions between 1964 and 1974. Based upon this information, the juvenile courts psychiatrist, who had examined both "B" and his mother, recommended ". . . getting the hospital records regarding "Bs" mother and her treatment." In response to this recommendation, the juvenile court judge wrote to WPIC requesting release of "Bs" mothers psychiatric records. When informed by WPIC that the records would not be released without the patients consent, the court issued a subpoena to the Administrator of WPIC ordering him to attend a hearing on April 26, 1976, and to bring "Bs" mothers records with him. On April 26, 1976, Dr. Roth attended the hearing on behalf of the director of WPIC, and although he had brought the appropriate documents with him, refused to release them to the Court without the patients consent. Dr. Roth was then adjudged in contempt of court and fined $100.00. Execution of the courts order was stayed pending appeal.