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PA Bulletin, Doc. No. 96-1005

THE COURTS

Title 249--PHILADELPHIA RULES

PHILADELPHIA COUNTY

Amendment to Family Court Administrative Regulation 90-1; Juvenile Cases Dismissed or Withdrawn at Bar of Court

[26 Pa.B. 2902]

   Where a juvenile petition has been dismissed without prejudice or prosecution withdrawn without prejudice, the procedure for reinstatement of said petition or appeal by way of re-arrest, is as follows:

   1.  Administrative Judge to Entertain Petition: A Petition to Reinstate Juvenile Petition/Petition to Re-Arrest and Rule to Show Cause shall be filed with Clerk of Courts, Juvenile Branch, who shall time-stamp, record and transmit said Petition, with the original petition, to the Administrative Judge of the Family Division, Court of Common Pleas, or his/her designee.

   2.  The Administrative Judge or his/her designee, without a hearing, shall grant or deny the Rule to Show Cause.

   3.  If Rule denied by Administrative Judge: If the Rule is denied, the Court shall state on the Rule the reason(s) for said denial and no further proceeding shall be held on the matter;

   4.  If Rule issued by Administrative Judge: If the Rule is issued:

   (a)  The Commonwealth shall serve by personal service or certified mail a copy of the Petition and the Rule to Show Cause, with a date, place, time of hearing and the name of the designated Judge upon the attorney of record and juvenile, within five (5) days of the date of the hearing.

   (b)  The designated presiding Judge shall take testimony and decide the issue of Reinstatement of Petition and/or Re-Arrest;

   5.  If the designated presiding Judge grants Reinstatement of Petition and/or Re-Arrest, the Certification/Adjudicatory Hearing shall proceed in accordance with the Rules of Court and the Juvenile Act.

   6.  Contents of the Petition to Reinstate Juvenile Petition/Petition to Re-Arrest: The Petition to Reinstate Juvenile Petition/Petition to Re-Arrest shall state the following:

   a.  Prior to disposition of the case, reason(s) for said disposition, date of disposition, name of presiding Judge;

   b.  The relief requested and specific reason(s) why said relief should be granted;

   c.  The present custody/commitment status of the juvenile.

   7.  Time of Petition to Reinstate Juvenile Petition/Petition to Re-Arrest: The Petition to Reinstatement Juvenile Petition/Petition to Re-Arrest shall be filed and served within thirty (30) days after a juvenile petition has been dismissed without prejudice or prosecution with-drawn without prejudice unless the time of filing has been extended by the Court for cause shown.

PAUL P. PANEPINTO,   
Administrative Judge
Family Court Division

[Pa.B. Doc. No. 96-1005. Filed for public inspection June 21, 1996, 9:00 a.m.]


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