In the Int. of S.C. - Juvenile Delinquency Appeal
Summary
The Superior Court of Pennsylvania dismissed an appeal concerning a juvenile's out-of-home placement. The court found the appeal fell outside the scope of the relevant rule, which limits challenges to the fact of placement rather than the specific agency or institution.
What changed
The Superior Court of Pennsylvania, in a non-precedential decision (J-S44029-25), dismissed an appeal filed by S.C., a minor, regarding their out-of-home placement in a juvenile delinquency matter. The court determined that the appeal was improperly filed under Pa.R.A.P. 1612 because the challenge focused on the specific placement rather than the general fact of an out-of-home placement, which is the only aspect permitted for review under the rule. The underlying facts involved the minor possessing firearms and making threats.
This decision clarifies the scope of appellate review for juvenile out-of-home placements under Rule 1612. Legal professionals representing juveniles in delinquency cases must ensure that any appeals strictly adhere to the rule's limitations, focusing solely on the necessity of out-of-home placement itself and not on the particulars of the placement facility or agency. Failure to comply with these procedural requirements will result in dismissal, as demonstrated in this case.
What to do next
- Review Pa.R.A.P. 1612 to understand limitations on appeals for out-of-home juvenile placements.
- Ensure any future appeals regarding juvenile out-of-home placements strictly challenge the fact of placement, not the specific facility or agency.
Source document (simplified)
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by Dubow](https://www.courtlistener.com/opinion/10803133/in-the-int-of-sc-appeal-of-sc/about:blank#o1)
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March 3, 2026 Get Citation Alerts Download PDF Add Note
In the Int. of: S.C., Appeal of: S.C.
Superior Court of Pennsylvania
- Citations: None known
- Docket Number: 2308 EDA 2025
- Precedential Status: Non-Precedential
Judges: Dubow
Combined Opinion
by Dubow
J-S44029-25
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
IN THE INTEREST OF: S.C., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
:
:
APPEAL OF: S.C., MINOR :
:
:
:
: No. 2308 EDA 2025
Appeal from the Order Entered August 22, 2025
In the Court of Common Pleas of Montgomery County Juvenile Division
at No(s): CP-46-JV-0000313-2025
BEFORE: LAZARUS, P.J., DUBOW, J., and SULLIVAN, J.
JUDGMENT ORDER BY DUBOW, J.: FILED MARCH 3, 2026
S.C., a minor (“Petitioner”), files a “Petition for Specialized Review of
Out of Home Placement in Juvenile Delinquency” (“Petition”) pursuant to
Pa.R.A.P. 1612. Upon review, we dismiss this appeal because Petitioner’s sole
challenge is outside the scope of Rule 1612, as explained infra.
A detailed recitation of the factual and procedural history is unnecessary
to our disposition. Briefly, in April 2025, then-16-year-old Petitioner posted
pictures of a firearm along with threats of self-harm on social media. While
doing a wellness check, law enforcement learned that Petitioner had gone to
a party at a friend’s house the night before while intoxicated and brandished
a knife and gun at partygoers. Petitioner admitted that, after drinking vodka
all day, he stole the spare key to his Father’s gun safe and took one of the
guns from the safe to the party.
J-S44029-25
On June 6, 2025, Petitioner entered an open admission to Possession of
a Firearm by a Minor, Simple Assault, and Possessing an Instrument of Crime,
and Public Drunkenness.1 On August 22, 2025, after a disposition hearing,
the court issued an order placing Petitioner in the North East Secure Treatment
Unit.
Counsel for Petitioner timely filed the instant Petition pursuant to Rule
1612, which provides for expedited appellate review of out-of-home
placement in juvenile delinquency matters. Pa.R.A.P. 1612(a). The Petition
complies with the requirements set forth in Rule 1612(b). Id. at 1612(b)
(listing petition requirements). On September 29, 2025, the juvenile court
issued an opinion.
When reviewing a petition filed pursuant to Rule 1612, this Court “shall
not consider any challenge to the juvenile court’s selection of a specific agency
or specific institution as the site of the out-of-home placement and instead
may consider only a challenge to the fact that the placement is out-
of-home.” Id. at 1612(c)(1) (emphasis added). Furthermore, this Court
“shall not consider any challenge to the underlying adjudication of
delinquency.” Id. at 1612(c)(2). “The Juvenile Act grants broad discretion to
juvenile courts in determining appropriate dispositions,” and “this Court will
not disturb the juvenile court’s disposition absent a manifest abuse of
discretion.” In Interest of J.G., 145 A.3d 1179, 1184 (Pa. Super. 2016).
1 18 Pa.C.S. §§ 6110.1(a), 2701(a)(3), 907(a), and 5505, respectively.
-2-
J-S44029-25
Instantly, Petitioner argues that the juvenile court abused its discretion
when it entered its August 22, 2025 disposition order committing Petitioner to
North East Central Secure Treatment Unit, a state secure facility, and failed
to consider the least restrictive alternative of placing Petitioner at Manos
House Drug and Alcohol Rehabilitation Services, Inc., a non-secure residential
treatment program. Petition at 8. Notably, both are out-of-home placements.
Pursuant to Rule 1612, Petitioner’s challenge is outside the scope of our
review. Because Petitioner fails to challenge the fact that the placement is
out-of-home and only raises a “challenge to the juvenile court’s selection of a
specific agency or specific institution as the site of the out-of-home
placement[,]” Rule 1612(c) mandates that this Court “shall not consider” the
instant challenge. Pa.R.A.P. 1612(c)(1).
Since Petitioner’s sole challenge is not cognizable under Rule 1612(c),
we are constrained to dismiss this appeal.
Appeal dismissed.
Date: 3/3/2026
-3-
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