In the Interest of Vaglica

Appellant Thomas G. Vaglica appeals his adjudication of delinquency on a charge of violating 18 Pa.C.S. § 2905. We reverse.

On August 5, 1981, appellant’s mother Rosa Barr was arrested. Appellant was playing basketball nearby and the officer stopped and picked up appellant before proceeding to City Hall. Mrs. Barr also had her two infant children with her. An adult friend of the family met them at City Hall. At the time, appellant was 17 years 8 months of age. Children and Youth Services learned of the situation, telephoned a judge and obtained an oral order for custody of the two infants.…