THE COURTS
Title 249--PHILADELPHIA RULES
PHILADELPHIA COUNTY
Residential Placement Providers--Reporting Requirements Family Court Division; Administrative Order #98-06 (Revises Administrative Order #82-01)
[28 Pa.B. 5850] Effective immediately, all providers in institutional, group living, or foster residential placements for delinquent juveniles committed to said provider by the Juvenile Court shall file at least ten (10) days prior to any administrative review, review or discharge hearing:
(A) Progress Reports--At each three (3) month anniversary of a child's placement with said residential program. Said report to be filed with the Chief of Juvenile Branch, with copies to the assigned Probation Officer, District Attorney and Defense Counsel and shall delineate the social, behavioral, academic and vocational progress of said child. Where the placement involves additional special treatment components, including drug or alcohol treatment, sex offender treatment, psychiatric, retardation or learning disability therapy, said report shall also describe the child's course of treatment and progress. All incidents of normative or problematic behavior shall be delineated in the report.
Where the Court, pursuant to Department of Human Services regulations has set a five (5) month review date, a five (5) month report will be filed in lieu of a six (6) month report.
In all instances where there is an initial five (5) month administrative review, the child shall not be brought to Court, except by order of the Court, upon motion of District Attorney, Defense Counsel, Placement Institution, or Court itself. In that instance, said request being made at the date of the five (5) month administrative review hearing, the Court shall list the case no later than thirty (30) days, after the five (5) month review hearing for the child's appearance in Court. Following the administrative review hearing, the Court shall list the case four (4) months after the administrative review at which time the child may be brought down, if so ordered.
(B) Discharge or Transfer Reports--Upon any motion or recommendation for discharge (with or without jurisdictional restraint) or transfer to another institution or program or probation, provider shall file with the Chief of the Juvenile Branch with copies to the assigned Probation Officer, District Attorney and Defense Counsel, a comprehensive report delineating the program's entire experience with said child, specifically addressing social, behavioral, academic and vocational progress; and where appropriate the drug, alcohol, sex offender, psychiatric, retardation and/or learning disability therapy regarding the resident's progress therein. Any instances of problematic or normative behavior are to be detailed.
''Transfer to another institution or program'' means any increase or reduction in the level of treatment, supervision or structure within the same agency or with any other provider.Please note that a Court Order is required to bring a child to a hearing if the child is to be detained at the Youth Study Center or at a community based detention shelter. Whenever a child is brought down pursuant to a bring down on a Court Order for a hearing on the discharge or transfer, a copy of the report must accompany the child if the child is to be detained at the Youth Study Center or community base shelter pending the hearing.
(C) Passes, Work Release, Escape and Leaves--Under the recently enacted Victims Bill of Rights, victims of feloniously assaultive crimes are entitled to be informed, whenever the assailant ''is to be released on parole, furlough or any other form of supervised or unsupervised release.'' Accordingly, all residential providers are hereby required to follow the Home Pass Protocol published by the Pennsylvania Juvenile Court Judges' Commission. All notifications must comply with standards set forth in said protocol. The institution is required to file a supplemental notice of any failures to return, lateness in returning or any other normative or problematic behavior which occurs in or away from the agency after the commencement of the release program. Any cancellation of release shall be immediately reported to the District Attorney--686-4094 for communication to the victim.
(D) A.W.O.L. and/or Violation of Law
(1) Upon a committed child's unauthorized leave from a residential placement or his/her failure to return from an authorized leave, the staff of said program shall immediately, in person or by telephone, report the child's status to the Chief of the Juvenile Branch or his designate, the District Attorney's Office, and the appropriate local police authority. During regular working hours 9 a.m. to 5 p.m., personal or telephone notification should be directed to the assigned probation officer or that probation officer's supervisor. Telephone reporting after 4 p.m., holidays and weekends is to be directed to the Intake Interviewer on duty at 686-4818 or 686-4999, and the District Attorney's Office 686-6303 and a written report of all such incidents is to be faxed to the Chief of the Juvenile Branch at (215) 686-4014 within twenty-four (24) hours of occurrence.
(2) Upon the commission of any incident which would be a crime, by or upon any juvenile resident, the staff of any residential program shall notify the Chief of the Juvenile Branch in writing within twenty-four (24) hours. This report does not obviate any responsibility to notify proper law enforcement agencies.
PAUL P. PANEPINTO,
Administrative Judge
Family Court Division
[Pa.B. Doc. No. 98-1938. Filed for public inspection November 27, 1998, 9:00 a.m.]
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