Brandon E. Ex Rel. Listenbee v. Reynolds

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal challenges the constitutionality of a state statute designed to assist parents in obtaining treatment for minors afflicted with a drug or alcohol dependency. The plaintiffs are three named minors who, on behalf of themselves and similarly situated minors, brought an action under 42 U.S.C. § 1983 challenging the constitutionality of Act 53, a Pennsylvania statute enacted in 1997. 1 See 71 Pa. Cons.Stat. Ann. 1690.112a (West Supp.1999). The Act allows a minor’s parents or a legal guardian who has custody of a minor to petition the court of…