Commonwealth v. K.M.-F.

117 A.3d 346, 2015 Pa. Super. 124, 2015 Pa. Super. LEXIS 285
CourtSuperior Court of Pennsylvania
DecidedMay 22, 2015
StatusPublished
Cited by17 cases

This text of 117 A.3d 346 (Commonwealth v. K.M.-F.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. K.M.-F., 117 A.3d 346, 2015 Pa. Super. 124, 2015 Pa. Super. LEXIS 285 (Pa. Ct. App. 2015).

Opinion

OPINION

PER CURIAM:

In this case, we are presented with a petition for review filed pursuant to Pa. R.A.P., Rule 1770, 42 Pa.C.S.A., Review of Dispositional Order for Out of Home Placement in Juvenile Delinquency Matters. This relatively new rule was promulgated by our supreme court in response to the recommendations made by the Inter-branch Commission on Juvenile Justice Report of May 2010. The commission was created in August 2009 with a mandate to develop appropriate recommendations for reform of the juvenile justice system. It recognized the importance of timely appellate review of juvenile placement decisions finding that in order for review to be meaningful, it must be completed before the child’s placement or other disposition is completed. The commission recommended the following:

That the Supreme Court’s Appellate Court Procedural Rules Committee and Juvenile Court Procedural Rules Committee collaborate to develop an expedited appeals process or, in the alternative, collaborate to develop a process that affords an aggrieved party an option to elect a mechanism that affords some measure of review of a juvenile court judge’s decision short of a formal appellate review in the following proceedings ... an order of disposition following an adjudication of delinquency that removes a child from his or her home.

Commission Report p. 56.

This expedited appellate review is the genesis of Rule 1770.1 The rule provides a [348]*348vehicle for a juvenile placed in out-of-home overnight placement to seek review of that decision within ten days of the placement order.2 The rule references the requirements of Chapter 15 of the Appellate Rules (Judicial Review of Governmental Determinations), which sets forth various procedural requirements of a petition for review generally. Additionally, Rule 1561(a) allows that this court “may affirm, [349]*349modify, vacate, set aside, or reverse any order brought before it for review and may remand the matter and direct the entry of such appropriate order or require such further proceedings as may be just under the circumstances.” Pa.R.A.P., Rule 1561(a), 42 Pa.C.S.A.

The superior court’s Operating Procedure (“O.P.”) § 65.22 allows for substantive petitions and motions, such as, motions to quash or dismiss appeals, petitions for permission to appeal an interlocutory order, and petitions for review, to be submitted to a three-judge motions panel which represents a quorum of the court for decision purposes.3 Upon filing with the Prothonotary’s office, such petitions are then reviewed by the court’s Central Legal Staff and submitted to the motions panel for decision. The volume of substantive motions filed with the superior court each year is very high.4 Therefore, for purposes of expediting review by a motions panel of petitions for review filed pursuant to Rule 1770, we suggest that a petitioner specifically and clearly label the petition for review as one seeking expedited review of out-of-home placement in a juvenile delinquency matter.5

Upon review of the petition for review filed in the case, we find it meets the contents requirements of Rule 1770(b), which are designed to provide the appellate courts with sufficient record materials to decide the issue presented, including a certificate of counsel stating the petition is presented in good faith and not for delay. The petition is timely filed. The juvenile court has complied with the directive of Rule 1770(f), by providing a statement of the reasons for its determination on the record at the conclusion of the hearing and with Rule 1770(g), by timely certifying the notes of testimony from the hearing. For the reasons that follow, we grant the petition for review and affirm the juvenile court’s decision for out-of-home placement.

Petitioner was adjudicated delinquent for aggravated assault and recklessly endangering another person following his admission to those charges in exchange for the Commonwealth’s withdrawal of the criminal attempted homicide charge and the amending of the robbery charge. There was no dispositional agreement between the parties. Following a lengthy dispositional hearing, the juvenile court permitted the Juvenile Probation Office to place Petitioner out of his home at Summit Academy or the Abraxas Leadership Development Program.

Petitioner admitted to luring his physically disabled best friend into the woods, attacking him, and leaving him on a hillside unconscious. The victim was outside until he awoke the following day and crawled out of the woods, where he was discovered and assisted by good Samaritans. The victim was hospitalized and suf[350]*350fered serious injuries as a result of the assault.

Petitioner filed this petition pursuant to Rule 1770(a). Petitioner argues that the juvenile court did not specifically state why out-of-home placement was the least restrictive alternative as required by the Juvenile Act,6 and that the juvenile court abused its discretion by ordering out-of-home placement because the decision was against the weight of the evidence presented at the hearing. Petitioner argued that the offenses occurred 17 months prior to the hearing, and the evidence established that Petitioner was on the honor roll, a star wrestler, actively participating in his voluntary private counseling, had never violated his electronic home monitoring or his no-contact order, and was determined to be a low-to-moderate risk for re-offending.7 Petitioner argued that there was no evidence presented to establish or suggest that Petitioner could not be treated in the community or that any service or treatment plan required by Petitioner could not be provided in a community setting. The Commonwealth did not file a response to Petitioner’s petition.8

We first set forth our standard of review of a dispositional order:

As noted by the court, the Juvenile Act grants to the court broad discretion in disposition. 42 Pa.C.S.A. § 6341, § 6352; In re Love, 435 Pa.Super. 555, 646 A.2d 1233 (1994). In the opinion dated November 21, 1999, the court details its rationale for the disposition it ordered. Finding that the court properly considered the information presented to it and fashioned a disposition it believed best suited the circumstances involved, we perceive no manifest abuse of discretion which would cause us to disturb its order.

In the Interest of A.D., 771 A.2d 45, 53 (Pa.Super.2001) (en banc).

The juvenile court had a lengthy dispositional hearing as evidenced by the 95-page transcript. At the dispositional hearing, the court heard testimony from Petitioner as well as his probation officer, his therapist, his social worker, and his mother. The juvenile court also heard testimony from the victim’s father and uncle. The court heard recommendations and argument from probation, the Commonwealth, and defense counsel. During the hearing, the court asked each of the witnesses questions and noted that it would consider the testimony with appropriate weight in balancing Petitioner’s re[351]*351habilitative needs against its duties to hold Petitioner accountable and protect the community.

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Cite This Page — Counsel Stack

Bluebook (online)
117 A.3d 346, 2015 Pa. Super. 124, 2015 Pa. Super. LEXIS 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-km-f-pasuperct-2015.