[35 Pa.B. 2214]
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PART D. MASTERS Rule 185. Appointment to Cases.
A. Appointment. If necessary to assist the juvenile court judge, the president judge or his or her designee may appoint masters to hear designated juvenile delinquency matters.
B. Prohibited practice. Masters shall not engage in practice before the juvenile court in the same judicial district where they preside over juvenile matters.
Official Note: Rule 185 adopted April 1, 2005, effective April 1, 2006.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 185 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 187. Authority of Master.
A. Cases to be heard by Master. A master shall have the authority to preside over only the following:
1) detention hearings, detention review hearings, or shelter-care hearings;
2) discovery, pre-adjudicatory, or preliminary proceedings for misdemeanors;
3) any hearing in which the petition alleges only misdemeanors; and
4) uncontested dispositional review hearings and uncontested probation revocation hearings.
B. No authority. A master shall not have the authority to:
1) conduct transfer hearings pursuant to Rule 394;
2) issue warrants; and
3) hear requests for writs of habeas corpus.
C. Right to hearing before judge. Prior to the commencement of any proceeding, the master shall inform the juvenile, the juvenile's guardian(s), if present, the juvenile's attorney, and the attorney for the Commonwealth that the juvenile and the Commonwealth have a right to have the matter heard by a judge. If the juvenile or the Commonwealth objects to having the matter heard by the master, the case shall proceed before the judge.
Comment A master's authority is limited under paragraph (A) to specifically those types of cases provided. To implement this rule, Rule 800 suspends 42 Pa.C.S. § 6305(b) only to the extent that masters may not hear all classes of cases.
Under paragraph (B)(2), nothing is intended to limit the master's ability, in a proper case before the master, to recommend to the court that a warrant be issued. This includes arrest, bench, and search warrants.
Concerning the provisions of paragraph (C), see 42 Pa.C.S. § 6305(b).
See Rule 127 for recording of proceedings before a master.
Official Note: Rule 187 adopted April 1, 2005, effective April 1, 2006.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 187 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 190. Admissions Before Master.
A. Types of cases. A master may accept an admission to any misdemeanor.
B. Requirements. The admission requirements of Rule 407 shall be followed.
Official Note: Rule 190 adopted April 1, 2005, effective April 1, 2006.
Rule 191. Master's Findings and Recommendation to the Judge.
A. Announcement of Findings and Recommendation. At the conclusion of the hearing, the master shall announce in open court on the record, the master's findings and recommendation to the judge.
B. Submission of Papers and Contents of Recommendation. Within one business day, the master shall submit a summary of the recommendation to the juvenile court judge. If requested, a copy of the summary shall be given to the juvenile's attorney, the juvenile, if unrepresented, the attorney for the Commonwealth, and the juvenile probation officer. The summary shall specifically state a recommendation to the judge.
C. Judicial Action. The judge shall by order:
1) accept the recommendation;
2) reject the recommendation and issue an order with a different disposition;
3) send the recommendation back to the master for more specific findings; or
4) schedule a rehearing under Rule 192 within seven days.
Comment The juvenile court may promulgate a form for masters to use. The summary of the recommendation may take the form of a court order to be adopted by the court.
If a party contests the master's decision, the copy of the summary may be used as an attachment in a motion for a rehearing in front of the judge.
The master's decision is subject to approval of the judge. When the judge, in rejecting the master's recommendation, modifies a factual determination, a rehearing is to be conducted. The judge may reject the master's findings and enter a new finding or disposition without a rehearing if there is no modification of factual determinations. See In re Perry, 459 A.2d 789 (Pa. Super. Ct. 1983). The juvenile waives the right to complain of double jeopardy if the Commonwealth requests a rehearing before the judge. See In re Stephens, 419 A.2d 1244 (Pa. Super. Ct. 1980).
Nothing in this rule prohibits the court from modifying conclusions of law made by the master.
Official Note: Rule 191 adopted April 1, 2005, effective April 1, 2006.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 191 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 192. Challenge to Master's Recommendation.
A. Time limitation. A party may challenge the master's recommendation by filing a motion with the clerk of courts within three days of receipt of the recommendation. The motion shall request a rehearing by the judge and aver reasons for the challenge.
B. Rehearing. The judge shall act on the challenge within seven days of the date of the motion. The detention status of the juvenile will remain the same pending the rehearing unless otherwise ordered by the judge.
Comment Under paragraph (A), the petition for a rehearing may be oral or written.
Under paragraph (B), the judge does not have to grant a rehearing. A judge may deny the request based on the petition. If the judge does grant a hearing, it should be held within seven days of the date of the challenge.
The juvenile waives the right to complain of double jeopardy if the Commonwealth requests a rehearing before the judge. See In re Stephens, 419 A.2d 1244 (Pa. Super. Ct. 1980).
Official Note: Rule 192 adopted April 1, 2005, effective April 1, 2006.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 192 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
CHAPTER 2. COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION
PART A. COMMENCING PROCEEDINGS
Rule
200. Commencing Proceedings.
PART B. ARREST PROCEDURES IN DELINQUENCY CASES
(a) Arrest Warrants
210. Arrest Warrants.
211. Requirements for Issuance.
212. Duplicate and Alias Warrants of Arrest. 213. Execution of Arrest Warrant.
(b) Arrests Without Warrant
220. Procedure in Cases Commenced by Arrest Without Warrant. 221. Temporary Detention in Police Lock-Up.
PART C. WRITTEN ALLEGATION PROCEDURES
231. Written Allegation.
232. Contents of Written Allegation.
233. Approval of Private Written Allegations.
PART D. PRE-ADJUDICATORY DETENTION
240. Detention of Juvenile.
241. Notice of Detention Hearing.
242. Detention Hearing.
243. Detention Rehearings.
PART A. COMMENCING PROCEEDINGS Rule 200. Commencing Proceedings.
Juvenile delinquency proceedings within a judicial district shall be commenced by:
1) submitting a written allegation pursuant to Rule 231;
2) an arrest without a warrant:
a) when the offense is a felony or misdemeanor committed in the presence of the police officer making the arrest; or
b) upon probable cause when the offense is a felony; or
c) upon probable cause when the offense is a misdemeanor not committed in the presence of the police officer making the arrest, when such arrest without a warrant is specifically authorized by statute;
3) transfer of a case from a criminal proceeding pursuant to 42 Pa.C.S. § 6322;
4) the court accepting jurisdiction of a resident juvenile from another state; or
5) the court accepting supervision of juvenile pursuant to another state's order.
Comment Paragraph (1) allows for commencing delinquency proceedings by submitting a written allegation. This procedure departs from the Juvenile Act, which provides that the filing of a petition commences a proceeding. Rule 800 suspends 42 Pa.C.S. § 6321 only to the extent that it is inconsistent with the procedures of this rule. Petitions filed by any person circumvent the juvenile probation's office ability to divert the case through informal adjustment as provided in 42 Pa.C.S. § 6323. Probation officers may ''receive and examine complaints and charges of delinquency . . . of a child for the purpose of considering the commencement of proceedings.'' 42 Pa.C.S. § 6304(a)(2).
See Rule 231 for procedures on submitting a written allegation.
For the definition of a ''written allegation,'' see Rule 120.
The Juvenile Act provides that ''a child may be taken into custody . . . pursuant to the laws of arrest.'' 42 Pa.C.S. § 6324. Paragraph (2) states the laws of arrest without a warrant in Pennsylvania. See Pa.R.Crim.P. 502.
Paragraph (4) encompasses a juvenile who lives in Pennsylvania and commits a crime in another state and that state wants Pennsylvania to accept the disposition of the juvenile and supervise the juvenile.
Paragraph (5) encompasses a juvenile who lives outside of Pennsylvania, committed a crime outside of Pennsylvania, is moving to Pennsylvania, and the other jurisdiction would like Pennsylvania to accept the disposition of the juvenile and supervise the juvenile.
For procedures for when the juvenile is alleged to have violated probation, see Rule 612.
For inter-county transfer of juveniles, see Rule 302.
See § 6321(a) of the Juvenile Act for commencement of proceedings under the Juvenile Act. 42 Pa.C.S. § 6321(a).
Official Note: Rule 200 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 200 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
PART B. ARREST PROCEDURES IN DELINQUENCY CASES
(a) Arrest Warrants Rule 210. Arrest Warrants.
A. Application. An application for an arrest warrant shall be made by filing a written allegation supported by a probable cause affidavit with the president judge or any issuing authority designated by the president judge of each judicial district. The president judge shall ensure twenty-four hour availability of a designated issuing authority.
B. Approval of Commonwealth. When a certification is filed by the District Attorney pursuant to Rule 231, no application for an arrest warrant shall be submitted to the issuing authority unless an attorney for the Commonwealth has approved the application.
C. Arrest procedures. When a juvenile is arrested pursuant to a warrant, the case shall proceed in the same manner as a warrantless arrest in accordance with Rule 220.
Comment For the contents of a written allegation, see Rule 232. For the requirements of the issuance of an arrest warrant, see Rule 211.
Under paragraph (A), the president judge of each judicial district may designate a juvenile court judge, another common pleas judge, or other issuing authorities to receive applications for arrest warrants. The president judge also is to designate an issuing authority to receive applications after normal business hours and on holidays. For the definition of ''issuing authority,'' see Rule 120.
To implement the procedures of paragraph (A), Rule 800 suspends 42 Pa.C.S. § 6303(b) only to the extent that Magisterial District Judges may detain a juvenile for the limited purposes of this rule if the Magisterial District Judge is so designated by the president judge of the judicial district to receive arrest warrant applications.
Official Note: Rule 210 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 210 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 211. Requirements for Issuance.
A. Probable Cause. No arrest warrants shall be issued but upon probable cause, supported by one or more affidavits sworn to before the issuing authority. The issuing authority, in determining whether probable cause has been established, may not consider any evidence outside the affidavits.
B. Evidence. At any proceeding on a motion challenging an arrest warrant, no evidence shall be admissible to establish probable cause for the arrest warrant, other than the affidavits provided for in paragraph (A).
Comment This rule does not preclude oral testimony before the issuing authority, but it requires that such testimony be reduced to an affidavit prior to the issuance of a warrant. All affidavits in support of an application for an arrest warrant should be sworn to before the issuing authority prior to the issuance of the warrant.
This rule carries over to the arrest warrant, the requirement that the evidence presented to the issuing authority be reduced to writing and sworn to, and that only the writing is subsequently admissible to establish that there was probable cause. In these respects, the procedure is similar to that applicable to search warrants. See Pa.R.Crim.P. 203.
For a discussion of the requirements of probable cause for the issuance of an arrest warrant, see Commonwealth v. Flowers, 369 A.2d 362 (Pa. Super. Ct. 1976).
The affidavit requirements of this rule are not intended to apply when an arrest warrant is to be issued for noncompliance with a citation, with a summons, or with a court order.
Official Note: Rule 211 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Chapter two, Part B published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 212. Duplicate and Alias Warrants of Arrest.
A. Duplicates. When a warrant of arrest has been issued and it appears necessary or desirable to issue duplicates for execution, the issuing authority may issue any number of duplicates. Each duplicate shall have the same force and effect as the original. Costs may be assessed only for one such warrant and only one service fee may be charged.
B. Alias. After service and execution of an original or duplicate warrant, an alias warrant may be issued if the purpose for which the original or duplicate has been issued has not been accomplished.
Official Note: Rule 212 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 212 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 213. Execution of Arrest Warrant.
A. A warrant of arrest may be executed at any place within the Commonwealth.
B. A police officer shall execute a warrant of arrest.
Comment For the definition of ''police officer,'' see Rule 120.
Official Note: Rule 213 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Chapter two, Part B published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
(b) Arrests Without Warrant Rule 220. Procedure in Cases Commenced by Arrest Without Warrant.
A. The person arresting a juvenile shall promptly:
1) notify the juvenile's guardian of:
a) the arrest of the juvenile;
b) the reason for the arrest; and
c) the juvenile's whereabouts; and
2) either:
a) release the juvenile to his or her guardian upon the guardian's promise to bring the juvenile before the court when requested by the court, unless detention of the juvenile is warranted; or
b) deliver the juvenile before the court or to a detention facility designated by the court; or
c) deliver the juvenile to a medical facility if the juvenile is believed to be suffering from a physical condition or illness that requires prompt treatment.
B. In all cases, the person arresting the juvenile promptly shall submit the written allegation, as required by Rule 231(A)(2).
Comment The juvenile probation officer can accept juveniles for the court as described in paragraph (A)(2)(b).
The release of the juvenile does not eliminate the requirement of submission of a written allegation. For the general procedures governing written allegations, see Chapter Two, Part (C).
See 42 Pa.C.S. § 6326.
Official Note: Rule 220 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Chapter two, Part B published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 221. Temporary Detention in Police Lock-Up.
A. Secure detention. A juvenile under arrest may be held securely in a police lock-up or other facility that houses an adult lock-up only under the following conditions:
1) the secure holding shall only be for the purpose of identification, investigation, processing, releasing or transferring the juvenile to a guardian, juvenile court, or detention facility;
2) the secure holding shall be limited to the minimum time necessary to complete the procedures listed in paragraph (A)(1), but in no case may such holding exceed six hours; and
3) if so held, the juvenile shall be separated by sight and sound from incarcerated adult offenders and shall be under the continuous visual supervision of law enforcement officials or facility staff.
A juvenile shall be deemed to be held securely only when physically detained, confined in a locked room or cell, or when secured to a cuffing rail or other stationary object within the facility.
B. Non-secure detention. Notwithstanding other provisions of law, a juvenile may be held in non-secure custody in a building or facility that houses an adult lock-up only under the following conditions:
1) the area where the juvenile is held is an unlocked multi-purpose area that is not designated or used as a secure detention area or is not part of a secure detention area; or, if the area is a secure booking or similar area, it is used only for processing purposes;
2) the juvenile is not physically secured to a cuffing rail or other stationary object during the period of custody in the facility;
3) the area is limited to providing non-secure custody only long enough for the purposes of identification, investigation, processing or release to guardians or for arranging transfer to another agency or appropriate facility; and
4) the juvenile shall be under continuous visual supervision by a law enforcement officer or other facility staff during the period of non-secure custody.
Comment This rule reflects certain provisions of § 6326 of the Juvenile Act. 42 Pa.C.S. § 6326.
Official Note: Rule 221 adopted April 1, 2005, effective October 1, 2005.
PART C. WRITTEN ALLEGATION PROCEDURES Rule 231. Written Allegation.
A. Submission. In every delinquency case, the law enforcement officer shall submit a written allegation to the juvenile probation office.
1) Juvenile not under arrest. When a juvenile is not under arrest, a written allegation shall be submitted to the juvenile probation office and a copy shall be forwarded to the attorney for the Commonwealth unless the District Attorney elects to require initial receipt and approval of the written allegation under paragraph (B).
2) Juvenile under arrest. When a juvenile is under arrest, a written allegation shall be submitted promptly to the court or detention facility, and copies shall be immediately forwarded to the juvenile probation office and the attorney for the Commonwealth unless the District Attorney elects to require initial receipt and approval of the written allegation under paragraph (B).
B. Approval by the District Attorney. The District Attorney of any county may require initial receipt and approval of written allegations by an attorney for the Commonwealth before a delinquency proceeding is commenced.
1) Certification. If the District Attorney elects to require initial receipt and approval of written allegations in his or her county, the District Attorney shall file a certification with the court of common pleas. The certification shall specifically state the classes, grading, or types of cases that the police officer shall submit to the attorney for the Commonwealth.
2) Timeliness. All written allegations shall be approved or disapproved without unreasonable delay. An attorney for the Commonwealth shall be available at all times for this purpose unless the District Attorney has specified otherwise in the certification pursuant to (B)(1).
C. Procedures Following the Attorney for the Commonwealth's Approval.
1) Juvenile not under arrest. If a juvenile is not under arrest and an attorney for the Commonwealth approves the written allegation, notice of the approval and a copy of the written allegation shall be forwarded immediately to the juvenile probation office.
2) Juvenile under arrest. If a juvenile is under arrest, the written allegation shall be submitted to the attorney for the Commonwealth and approved prior to taking the juvenile to a detention facility. If the written allegation is approved, it shall be submitted promptly to the court or detention facility. A copy of the notice of the approval and the written allegation shall be forwarded to the juvenile probation office.
D. Attorney for the Commonwealth's Disapproval. If the written allegation has been disapproved for prosecution, it shall nevertheless be transmitted to the juvenile probation office with notice of the disapproval. If the juvenile is in custody, the juvenile shall be released immediately unless there are other grounds for the juvenile's detention.
Comment A ''petition'' and a ''written allegation'' are two separate documents and serve two distinct functions. A ''written allegation'' is the document that initiates juvenile delinquency proceedings. Usually, the ''written allegation'' will be filed by a law enforcement officer and will allege that the juvenile has committed a delinquent act that comes within the jurisdiction of the juvenile court. Once this document is submitted, a preliminary determination of the juvenile court's jurisdiction is to be made. Informal adjustment and other diversionary programs may be pursued. If the attorney for the Commonwealth or the juvenile probation officer determines that formal juvenile court action is necessary, a petition is then filed.
See Rules 210 (Arrest Warrants) and 220 (Procedures in Cases Commenced by Arrest Without Warrant) for the procedures on submitting written allegations for arrests.
Under paragraphs (A)(2) and (C)(2), the police officer is to submit the written allegation promptly to the intake staff at the court or the detention facility.
As used in this rule, ''District Attorney'' is the District Attorney of each county. This rule gives the District Attorney of each county the option of requiring that written allegations and /or arrest warrant affidavits filed in that county by police officers have the prior approval of an attorney for the Commonwealth. Under the rule, the District Attorney may elect to require prior approval of written allegation, or arrest warrant affidavits (see Rule 210), or both. In addition, the District Attorney is given the authority to define which offenses or grades of offenses will require such prior approval. For example, the District Attorney may specify that prior approval will be required only if a felony is alleged, or that prior approval will be required for all cases.
Under paragraph (B), the District Attorney decides whether an attorney for the Commonwealth receives initial receipt and approval of written allegations. Once the District Attorney has filed a certification with the court under paragraph (B)(1), any attorney for the Commonwealth may receive and approve written allegations as specified in the certification by the District Attorney. This procedure creates a new option for the District Attorney to decide if written allegations need to be approved by an attorney for the Commonwealth. To implement this procedure, Rule 800 suspends 42 Pa.C.S. § 6304, only to the extent that probation officers may have to seek approval of any attorney for the Commonwealth.
Under paragraph (D), a juvenile should be released from custody unless there are other legally sufficient bases for detaining the juvenile, such as, violation of probation or other pending allegations.
Official Note: Rule 231 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 231 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 232. Contents of Written Allegation.
Every written allegation shall contain:
1) the name of the person making the allegations;
2) the name, date of birth, and address, if known, of the juvenile, or if unknown, a description of the juvenile;
3) a statement that:
a) it is in the best interest of the juvenile and the public that the proceedings be brought; and
b) the juvenile is in need of treatment, supervision, or rehabilitation;
4) the date when the offense is alleged to have been committed; provided, however:
a) if the specific date is unknown, or if the offense is a continuing one, it shall be sufficient to state that it was committed on or about any date within the period of limitations; and
b) if the date or day of the week is an essential element of the offense alleged, such date or day shall be specifically set forth;
5) the place where the offense is alleged to have been committed;
6) a) i) a summary of the facts sufficient to advise the juvenile of the nature of the offense alleged; and
ii) the official or customary citation of the statute and section, or other provision of law which the juvenile is alleged to have violated, but an error in such citation shall not affect the validity or sufficiency of the written allegation; or
b) a certification that the juvenile has not complied with the sentence imposed for a conviction of a summary offense;
7) the name and age of any conspirators, if known;
8) a statement that the acts were against the peace and dignity of the Commonwealth of Pennsylvania or in violation of an ordinance of a political subdivision;
9) a notation if criminal laboratory services are requested in the case;
10) a verification by the person making the allegation that the facts set forth in the written allegation are true and correct to the person's personal knowledge, information, or belief, and that any false statement made is subject to the penalties of the Crimes Code, 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities; and
11) the signature of the person making the allegation and the date of execution of the written allegation.
Comment This rule sets forth the required contents of all written allegations whether the person making the allegation is a law enforcement officer, a police officer, or a private citizen.
Official Note: Rule 232 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 232 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 233. Approval of Private Written Allegations.
A. Submission of written allegation. When the person making the allegation is not a law enforcement officer, the written allegation shall be submitted to the juvenile probation officer for approval, unless the District Attorney has elected to require initial receipt and approval under Rule 231(B). The juvenile probation officer or the attorney for the Commonwealth shall approve or disapprove the written allegation without unreasonable delay.
B. Requirements.
1) Approval. If the private written allegation is approved, the case shall proceed as any other written allegation under Rule 231(C) and (D).
2) Disapproval. If the written allegation is disapproved, the attorney for the Commonwealth or the juvenile probation officer shall state the reasons on the written allegation form and return it to the person making the allegation. The person making the allegation may file a motion for review of the disapproval by the court.
Comment For the contents of a written allegation, see Rule 231.
In all cases where the affiant is not a law enforcement officer, the written allegation should be submitted for approval or disapproval by the juvenile probation officer or the attorney for the Commonwealth. Once the allegation is approved, the case should proceed as any other written allegation would proceed. See Rule 231.
When the person filing a document alleging a juvenile committed a delinquent act is a private citizen, he or she should follow the same process and proceedings as probation officers and law enforcement officers. Private citizens are not to be afforded additional rights when it comes to adjudicating a juvenile delinquent. The purpose of the Juvenile Act, 42 Pa.C.S. § 6334, is achieved by providing an avenue for the private citizen to commence a delinquency proceeding by submitting a written allegation. If the written allegation is disapproved, the private citizen has the right to challenge the decision by motion to the court of common pleas. If the court of common pleas overturns the decision of the attorney for the Commonwealth or the juvenile probation officer, the court should direct the attorney for the Commonwealth or the juvenile probation officer to approve the written allegation and proceed with the case in the same manner as any other case. This procedure ensures informal action is not precluded, such as, informal adjustment. Once a petition is filed, informal adjustment is not allowed. See Comment to Rule 312. In addition, Rule 800 suspends 42 Pa.C.S. § 6334 only to the extent that a private citizen may not submit a petition.
For motions and service, see Rules 344 and 345.
Official Note: Rule 233 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 233 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
PART D. PRE-ADJUDICATORY DETENTION Rule 240. Detention of Juvenile.
A. Detention requirements. If a juvenile is brought before the court or delivered to a detention facility designated by the court, the juvenile probation officer immediately shall:
1) examine the written allegation;
2) make an investigation, which may include an intake conference with the juvenile, the juvenile's attorney, guardian, or other interested and informed adult; and
3) release the juvenile, unless it appears that the juvenile's detention is warranted.
B. Filing of petition. The release of the juvenile shall not prevent the subsequent filing of a petition.
C. Prompt hearing. If the juvenile is not released, a detention hearing shall be held no later than seventy-two hours after the juvenile is placed in detention.
D. Time restrictions. Except as provided in paragraphs (D)(1) and (D)(2), if the adjudicatory hearing is not held or notice of request for transfer is not submitted within the ten-day period as specified in Rules 391 and 404, the juvenile shall be released.
1) A juvenile may be detained for an additional single period not to exceed ten days when the court determines that:
a) evidence material to the case is unavailable;
b) due diligence to obtain such evidence has been exercised;
c) there are reasonable grounds to believe that such evidence will be available at a later date; and
d) the detention of the juvenile would be warranted.
2) A juvenile may be detained for successive ten-day intervals if the delay is caused by the juvenile. The court shall state on the record if failure to hold the hearing resulted from delay caused by the juvenile. Delay caused by the juvenile shall include, but not be limited to:
a) delay caused by the unavailability of the juvenile or the juvenile's attorney;
b) delay caused by any continuance granted at the request of the juvenile or the juvenile's attorney; or
c) delay caused by the unavailability of a witness resulting from conduct by or on behalf of the juvenile.
Comment If a juvenile is detained, the guardian should be notified immediately. See Rules 220 (Procedures in Cases Commenced by Arrest Without Warrant) and 313(B) (Taking into Custody from Intake) for notification of the guardian.
Under paragraph (D)(2), if the juvenile causes delay, the juvenile may continue to be held in detention. The additional period of detention should not exceed ten days. The court may continue such detention for successive ten-day intervals if the juvenile caused the delay. The time restrictions of paragraph (D) apply to a juvenile who is placed in detention, even if previously released.
For time restrictions on detention for juveniles scheduled for a transfer hearing to criminal proceedings, see Rule 391.
For statutory provisions on detention, see 42 Pa.C.S. §§ 6325, 6331, 6335. For the Juvenile Court Judges Commission's Detention Standards, see 37 Pa. Code § 200.101 et seq. (2003).
Official Note: Rule 240 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 240 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 241. Notice of Detention Hearing.
Notice of the detention hearing, including date, time, place, and purpose, shall be given to:
1) the juvenile;
2) the juvenile's guardian;
3) the juvenile's attorney;
4) the juvenile probation officer;
5) the attorney for the Commonwealth; and
6) any other appropriate persons.
Comment Notice should be as timely as possible. Because there is a seventy-two hour time restriction, notice may be oral. Every possible attempt should be made to notify all interested persons.
If a guardian has not been notified, a rehearing is to be ordered under Rule 243 upon submission of an affidavit by the guardian.
Official Note: Rule 241 adopted April 1, 2005, effective October 1, 2005.
Rule 242. Detention Hearing.
A. Informing juvenile of rights. Upon commencement of the hearing, the court shall:
1) provide a copy of the written allegation to the juvenile and the juvenile's guardian, if present;
2) inform the juvenile of the right to counsel and to assigned counsel; and
3) inform the juvenile of the right to remain silent with respect to any allegation of delinquency.
B. Manner of hearing.
1) Conduct. The hearing shall be conducted in an informal but orderly manner.
2) Recording. If requested by the juvenile or the Commonwealth, or if ordered by the court, the hearing shall be recorded by appropriate means. If not so recorded, full minutes of the hearing shall be kept.
3) Testimony and evidence. All evidence helpful in determining the questions presented, including oral or written reports, may be received by the court and relied upon to the extent of its probative value even though not competent in the hearing on the petition. The juvenile's attorney, the juvenile, if unrepresented, and the attorney for the Commonwealth shall be afforded an opportunity to examine and controvert written reports so received.
4) The juvenile shall be present at the detention hearing and the juvenile's attorney or the juvenile, if unrepresented, may:
a) cross-examine witnesses offered against the juvenile; and
b) offer evidence or witnesses, if any, pertinent to the probable cause or detention determination.
C. Findings. The court shall determine whether:
1) there is probable cause that a delinquent act was committed by the juvenile; and
2) detention of the juvenile is warranted.
D. Filing of petition. If a juvenile remains detained after the hearing, a petition shall be filed with the clerk of courts within twenty-four hours or the next court business day.
Comment A detention hearing consists of two stages. The first stage of a detention hearing is a probable cause hearing. If probable cause is not found, the juvenile is to be released. If probable cause is found, then the court is to proceed to the second stage.
The second stage of a detention hearing is a detention determination hearing. The court should hear pertinent evidence concerning the detention status of the juvenile, review and consider all alternatives to secure detention, and determine if the detention of the juvenile is warranted.
The procedures of paragraph (D) deviate from the procedures of the Juvenile Act. See 42 Pa.C.S. § 6331. Under paragraph (D), a petition does not have to be filed within twenty-four hours of the juvenile's detention; rather, the petition should be filed within twenty-four hours of the conclusion of the detention hearing if the juvenile is detained. See Rule 800. If the juvenile is not detained, a petition may be filed at any time prior to the adjudicatory hearing. However, the juvenile's attorney should have sufficient notice of the allegations prior to the adjudicatory hearing to prepare for the defense of the juvenile. See Rule 363 for time of service. See Rule 331 for service of the petition. See Rule 330 for petition requirements.
See 42 Pa.C.S. §§ 6332, 6336, and 6338 for the statutory provisions concerning informal hearings and other basic rights.
Official Note: Rule 242 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 242 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 243. Detention Rehearings.
A. Mandatory Rehearing. If the guardian submits an affidavit to the juvenile probation officer alleging that the guardian was not notified of the detention hearing and that the guardian did not appear or waive appearance at the detention hearing, a rehearing shall be held within seventy-two hours of the submission of the affidavit.
B. Discretionary Rehearing. The court may grant a rehearing upon request of the juvenile's attorney, the juvenile, if unrepresented, or the attorney for the Commonwealth, or on its own motion.
C. Forum. The judge, who heard the original detention hearing or adopted the findings of the master, shall hold the rehearing, unless the judge assigns the case to a master.
Comment See 42 Pa.C.S. § 6332(b).
Under paragraph (A), upon receiving an affidavit, the juvenile probation officer is to schedule a rehearing, forward the affidavit to the proper person to schedule a rehearing, or submit the affidavit to the court for rescheduling.
Under paragraph (C), only a judge may hold a rehearing, unless the judge orders a master to hear the case.
Official Note: Rule 243 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 243 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
CHAPTER 3. PRE-ADJUDICATORY PROCEDURES
PART A. VENUE
Rule
300. Venue.
302. Inter-County Transfer.
PART B. INTAKE AND INFORMAL ADJUSTMENT
310. Pre-Intake Duties, Scheduling, and Notice. 311. Intake Conference.
312. Informal Adjustment. 313. Detention from Intake.
PART C. PETITION
330. Petition: Filing, Contents, Function. 331. Service of Petition.
332. Multiple Offenses in Petition.
333. Separate Petitions.
334. Amendment of Petition.
335. Withdrawal of Petition. 336. Re-Filing of the Petition After Withdrawal or Dismissal.
PART D. PROCEDURES FOLLOWING FILING OF PETITION
340. Pre-Adjudicatory Discovery and Inspection. 341. Notice of Alibi Defense.
PART D(1). MOTION PROCEDURES
344. Motions and Answers.
345. Filing and Service. 346. Omnibus Motion for Relief.
347. Time for Omnibus Motion and Service.
348. Disposition of Omnibus Motions. 350. Suppression of Evidence. 351. Adjudicatory Hearing on Separate Petitions. 352. Separate Adjudicatory Hearings for Offenses or Juveniles.
353. Motion for Return of Property.
PART D(2). ADJUDICATORY SUMMONS AND NOTICE PROCEDURES
360. Summons and Notice.
362. Requirements of the Summons.
363. Service of Summons and Notice. 364. Failure to Appear on the Summons.
PART E. CONSENT DECREE
370. Consent Decree.
371. Objection to Consent Decree.
373. Conditions of Consent Decree.
PART F. PRESERVATION OF TESTIMONY AND EVIDENCE
380. Preservation of Testimony After Commencement of Proceedings.
381. Preservation of Testimony by Video Recording.
384. DNA Testing (Reserved).
PART G. TRANSFER FOR CRIMINAL PROSECUTION
390. Notice of Request for Transfer to Criminal Proceedings. 391. Time Restrictions for Detention of Juveniles Scheduled for Transfer Hearing.
394. Transfer Hearing. 395. Procedure to Initiate Criminal Information. 396. Bail.
PART A. VENUE Rule 300. Venue.
A. Generally. A delinquency proceeding shall be commenced in:
1) the county in which the delinquent act was allegedly committed; or
2) the juvenile's county of residence.
B. Change of venue. The juvenile may file a motion for change of venue if there is substantial prejudice to the juvenile. The court shall decide the motion.
Official Note: Rule 300 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 300 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 302. Inter-County Transfer.
A. Adjudication of Delinquency. When the court proceeds to an adjudicatory hearing for non-resident juveniles, it shall hear evidence on the petition pursuant to Rule 406 or accept an admission pursuant to Rule 407 and shall rule on the offenses in accordance with Rule 408. The court may transfer the case to the juvenile's county of residence for a hearing to determine if the juvenile is in need of treatment, rehabilitation, or supervision pursuant to Rule 409 and if the court finds the juvenile to be in need of treatment, rehabilitation, or supervision, the receiving court shall proceed under Chapter Five.
B. Courtesy Supervision.
1) The court may transfer supervision of the juvenile to the juvenile's county of residence after:
a) a consent decree is entered; or
b) a dispositional order is entered; and
2) The county providing courtesy supervision may, with cause, withdraw supervision at any time and return the matter for further action to the county which entered the dispositional order.
C. Transmission of juvenile court file. If the case is transferred under paragraph (A) or (B), the transferring court shall order transfer of certified copies of all documents, reports, and summaries in the juvenile's court file.
Comment The purpose of allowing transfer of disposition and supervision of the juvenile to the juvenile's county of residence is to allow probation to supervise the juvenile closely. Supervision is difficult if the juvenile lives in another county.
Under paragraph (B), this rule also may apply if the juvenile moves to a different county in this Commonwealth at some stage in the proceedings.
When the case is being transferred under paragraph (A), the transferring court should enter a finding of the amount of restitution owed and to whom it should be paid, if ordered. A restitution order should be included in the dispositional order, if applicable, under paragraph (B).
Official Note: Rule 302 adopted April 1, 2005, effective October 1, 2005.
PART B. INTAKE AND INFORMAL ADJUSTMENT Rule 310. Pre-Intake Duties, Scheduling, and Notice.
A. Juvenile probation officer duties. After a written allegation is submitted, the juvenile probation officer shall gather pertinent information to determine whether:
1) the allegations are within the jurisdiction of the juvenile court; and
2) it is appropriate to schedule an intake conference.
B. Scheduling. Intake conferences shall be scheduled within a reasonable time after submission of the written allegation.
C. Notice. The juvenile probation officer shall make all reasonable efforts to provide actual notice of the intake conference to the juvenile and the juvenile's guardian.
Comment If the juvenile probation officer has exhausted all methods of communication with the juvenile's guardian, the juvenile probation officer may proceed with the intake conference without the presence of the guardian. If the juvenile is detained at the intake conference without the presence of a guardian, the juvenile probation officer is to notify the guardian of the detention of the juvenile immediately. See Rule 313(B).
Official Note: Rule 310 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Chapter three, Part B published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 311. Intake Conference.
A. The juvenile probation officer may conduct an intake conference to determine what further action, if any, should be taken.
B. Before proceeding with an intake conference, the juvenile probation officer shall:
1) provide a copy of the written allegation to the juvenile, the juvenile's guardian, if present, and the juvenile's attorney, if present; and
2) inform the juvenile and the juvenile's guardian, if present, of the juvenile's rights; and
3) afford the victim the opportunity to offer prior comment on the disposition of the case if informal adjustment or an alternative resolution of the case is being considered.
C. The juvenile probation officer shall provide the attorney for the Commonwealth with notice of the decision resulting from the intake conference. Within a reasonable time of receiving the notice, the attorney for the Commonwealth may file a motion requesting review by the court of the juvenile probation officer's action. The court shall conduct a hearing on the motion.
Comment Under paragraph (A), in making a decision, the juvenile probation officer should balance the interests of the victim and protection of the community, imposition of accountability on the juvenile for offenses committed, and the development of competencies for the juvenile. See 42 Pa.C.S. § 6301. The juvenile probation officer should consult with the victim, the attorney for the Commonwealth, the juvenile, the juvenile's attorney, if present, and the juvenile's guardian to determine how the case should be handled. See Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
For the statutory protections concerning statements made by the juvenile, see 42 Pa.C.S. § 6323(e).
Under paragraph (C), it is anticipated that the attorney for the Commonwealth should consult with the juvenile probation officer before any court action.
Nothing in these rules is intended to confer a right upon any person, not already afforded by law, to attend an intake conference.
Official Note: Rule 311 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 311 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 312. Informal Adjustment.
A. Participation. At any time prior to the filing of a petition, the juvenile probation officer may informally adjust the allegation(s) if it appears:
1) an adjudication would not be in the best interest of the public and the juvenile;
2) the juvenile and the juvenile's guardian consent to informal adjustment with knowledge that consent is not obligatory; and
3) the admitted facts bring the case within the jurisdiction of the court.
B. Completion.
1) If the juvenile successfully completes the informal adjustment, the case shall be dismissed and prosecution is barred.
2) If the juvenile does not successfully complete the informal adjustment, a petition shall be filed.
Comment Informal adjustments may not occur after the filing of a petition. Commonwealth v. J.H.B., 760 A.2d 27 (Pa. Super. Ct. 2000). See 42 Pa.C.S. § 6323(a).
The juvenile probation officer or other agencies may give ''counsel and advice'' as to the informal adjustment. See 42 Pa.C.S. § 6323(b). ''Counsel and advice'' may include referral to a social service agency or other conditions as agreed to by the juvenile probation officer and the juvenile.
A juvenile's participation in an informal adjustment may not exceed six months, unless extended by order of the court for an additional period not to exceed three months. See 42 Pa.C.S. § 6323(c). Any incriminating statements made by the juvenile to the juvenile probation officer and in the discussions or conferences incident thereto are not to be used against the juvenile over objection in any criminal proceeding or hearing under the Juvenile Act. See 42 Pa.C.S. § 6323(e).
Prior to informally adjusting the written allegation, the juvenile probation officer is to give the victim an opportunity to comment. In addition, the victim is to be notified of the final outcome of the hearing. See Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
If a petition is filed because the juvenile has not successfully completed the requirements of an informal adjustment, the procedures of Rule 330 are to be followed.
Official Note: Rule 312 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 312 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 313. Detention from Intake.
A. Detention. If it is determined at an intake conference that a juvenile should be detained, the matter shall proceed pursuant to Rule 240.
B. Notice to Guardian. If a guardian is not present at the intake conference, the juvenile probation officer immediately shall notify the guardian of the juvenile's detention.
Comment The provision concerning notification of a guardian in Rule 220 is to be followed.
Official Note: Rule 313 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Chapter three, Part B published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
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