The Superior Court upheld the disposition determination of the court for out-of-home placement. The decision upheld the determination of the trial court that out-of-home placement was warranted. While the serious facts of the case (see below) drove the Court's decision to uphold the order, the case explains the expedited review process put in place as a result of the Rules Committee changes following the Interbranch Commission Report. The case discusses the procedural requirements for gaining expedited review, while also emphasizing the importance of a record to establish why a placement determination was made and why it is the least restrictive alternative.
The serious facts that factored into the Court's decision are as follows: Petitioner admitted to aggravated assault and REAP upon the Commonwealth's withdrawal of the criminal attempted homicide charge. He admitted to luring his physically disabled best friend into the woods, attacking him, and leaving him on a hillside unconscious. The victim did not awake until the following day, crawled out of the woods, and hospitalized for serious injuries.