[35 Pa.B. 2214]
[Continued from previous Web Page] Rule 384. DNA Testing (Reserved).
PART G. TRANSFER FOR CRIMINAL PROSECUTION Rule 390. Notice of Request for Transfer to Criminal Proceedings.
A. General rule. After a petition is filed but before the first scheduled adjudicatory hearing, any notice of a request for transfer to criminal proceedings pursuant to 42 Pa.C.S. § 6355 shall be filed and served on:
1) the juvenile;
2) the juvenile's guardian;
3) the juvenile's attorney;
4) the juvenile probation office; and
5) the attorney for the Commonwealth.
B. Exception. If, after the first scheduled adjudicatory hearing but prior to the commencement of the adjudicatory hearing, there is a change in circumstances, a request for transfer to criminal proceedings may be filed and served in accordance with paragraph (A).
Comment The Juvenile Act gives the juvenile the opportunity to petition the court for transfer to criminal proceeding as reflected in this rule. See 42 Pa.C.S. § 6355(c). The court should use caution when a juvenile petitions the court for transfer to criminal proceedings. The court should inquire if the petition has been knowingly, intelligently, and voluntarily made.
The allegations requested to be transferred are to be classified as ''delinquent acts'', pursuant to 42 Pa.C.S. § 6302 (definition of ''delinquent acts'') and are to comply with the requirements as set forth in 42 Pa.C.S. § 6355 (Transfer to Criminal Proceedings). Any offense excluded from the definition of ''delinquent acts,'' paragraph (2) of the definition of ''delinquent act'' in 42 Pa.C.S. § 6302, should originate in criminal proceedings and may be transferred to delinquency proceedings, if so determined by the court. See 42 Pa.C.S. § 6322 (Transfer from Criminal Proceedings). For juveniles charged in criminal proceedings, the Rules of Criminal Procedure are applicable. See also Rule 100 on Scope of Rules. Also, any juvenile previously found guilty in criminal proceedings, for any charge other than a summary offense, should be charged in criminal proceedings for all subsequent offenses. See paragraph (2)(v) of the definition of ''delinquent act'' in 42 Pa.C.S. § 6302 and 42 Pa.C.S. § 6355(d).
The court should conduct a transfer hearing no sooner than three days after the notice of request for transfer to criminal proceedings is served unless the time requirement is waived. See Rule 394(A).
Under paragraph (A), it is anticipated that most notices of requests for transfer will be filed prior to the first scheduled adjudicatory hearing. However, under paragraph (B), it is noted that there may be changed circumstances, in which a notice for request of transfer may be filed at a later date but before the commencement of the adjudicatory hearing.
The attorney for the Commonwealth should notify the victim of any request for transfer. See Victim's Bill of Rights, 18 P. S. § 11.213.
Official Note: Rule 390 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 390 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 391. Time Restrictions for Detention of Juveniles Scheduled for Transfer Hearing.
A. Generally. The detention requirements of Rules 240, 241, 242, and 243 shall be followed for juveniles scheduled for a transfer hearing except for the time restrictions provided in paragraph (B) of this rule.
B. Time Restrictions. If the transfer hearing is not held within ten days of the filing of the notice of request for transfer to criminal proceedings, the juvenile shall be released except as provided in paragraphs (B)(1) and (B)(2).
1) A juvenile may be detained for an additional single period not to exceed ten days when the court determines:
a) that evidence material to the case is unavailable, including a psychological or psychiatric evaluation;
b) that due diligence to obtain such evidence or evaluation has been exercised;
c) that there are reasonable grounds to believe that such evidence or evaluation will be available at a later date; and
d) that the detention of the juvenile would be warranted.
2) A juvenile may be detained for successive ten-day intervals if the result of 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 The filing of a request for transfer to criminal proceedings resets the ten-day clock for a hearing for the juvenile in detention. The transfer hearing is to be held within ten days of the filing of a request for transfer to criminal proceedings, not ten days from the date of detention for the juvenile. This time requirement is different than the time requirement for the adjudicatory hearing under Rule 240(D). See Rule 800.
Under Paragraph (B)(1), the case may be extended for only one single period of ten days. However, under paragraph (B)(2) when the juvenile causes delay, the case may be extended for successive ten-day intervals.
Official Note: Rule 391 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 391 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 394. Transfer Hearing.
A. Scheduling. The court shall conduct a transfer hearing no earlier than three days after the notice of request for transfer to criminal proceedings is served unless this time requirement is waived.
B. Findings. At the hearing, if the court finds:
1) the juvenile is fourteen years old or older at the time of the alleged delinquent act;
2) notice has been given pursuant to Rule 390;
3) there is a prima facie showing of evidence that the juvenile committed a felony delinquent act;
4) there are reasonable grounds to believe that transfer of the case for criminal prosecution will serve the public interest by considering all the relevant factors; and
5) there are reasonable grounds to believe that the juvenile is not committable to an institution for the mentally retarded or mentally ill, then the court shall transfer the case to the division or a judge of the court assigned to conduct criminal proceedings for prosecution. Otherwise, the court shall schedule an adjudicatory hearing.
Comment The transfer hearing ordinarily has two phases. The first phase of the transfer hearing is the ''prima facie phase.'' The court should determine if there is a prima facie showing of evidence that the juvenile committed a delinquent act and if an adult committed the offense, it would be considered a felony. If a prima facie showing of evidence is found, the court proceeds to the second phase, known as the ''public interest phase.'' During the ''public interest phase,'' the court should determine if the juvenile is amenable to treatment, supervision, or rehabilitation as a juvenile and what is in the public's interest.
In determining public interest, the court should balance the following factors: 1) the impact of the offense on the victim or victims; 2) the impact of the offense on the community; 3) the threat posed by the juvenile to the safety of the public or any individual; 4) the nature and circumstances of the offense allegedly committed by the juvenile; 5) the degree of the juvenile's culpability; 6) the adequacy and duration of dispositional alternatives available under the Juvenile Act and in the adult criminal justice system; and 7) whether the juvenile is amenable to treatment, supervision, or rehabilitation as a juvenile by considering the following factors: a) age; b) mental capacity; c) maturity; d) the degree of criminal sophistication exhibited by the juvenile; e) previous records, if any; f) the nature and extent of any prior delinquent history, including the success or failure of any previous attempt by the juvenile court to rehabilitate the juvenile; g) whether the juvenile can be rehabilitated prior to the expiration of the juvenile court jurisdiction; h) probation or institutional reports, if any; and 8) any other relevant factors.
The burden of establishing by a preponderance of evidence that the public interest is served by the transfer of the case to criminal court and that the juvenile is not amenable to treatment, supervision, or rehabilitation in the juvenile system rests with the Commonwealth unless: 1) a deadly weapon as defined in 18 Pa.C.S. § 2301 (relating to definitions) was used and the juvenile was fourteen years of age at the time of the offense; or the juvenile was fifteen years of age or older at the time of the offense and was previously adjudicated delinquent of a crime that would be considered a felony if committed by an adult; and 2) there is a prima facie case that the juvenile committed a delinquent act that, if committed by an adult, would be classified as rape, involuntary deviate sexual intercourse, aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault), robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii)(relating to robbery), robbery of motor vehicle, aggravated indecent assault, kidnapping, voluntary manslaughter, an attempt, conspiracy, or solicitation to commit any of these crimes or an attempt to commit murder as specified in paragraph (2)(ii) of the definition of ''delinquent act'' in 42 Pa.C.S. § 6302. If the preceding criteria are met, then the burden of proof rests with the juvenile. See 42 Pa.C.S. § 6355.
For detention time requirements for juveniles scheduled for a transfer hearing, see Rule 391.
Official Note: Rule 394 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 394 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 395. Procedure to Initiate Criminal Information.
After the court orders the case transferred pursuant to Rule 394, these Rules no longer apply and the case shall be governed by the Pennsylvania Rules of Criminal Procedure. The attorney for the Commonwealth may file an information in accordance with Pa.R.Crim.P. 565.
Comment The transfer hearing serves as the preliminary hearing, therefore, the attorney for the Commonwealth may file the criminal information after the issuance of the transfer order. See Pa.R.Crim.P. 565 for presentation of an information without the preliminary hearing.
For any procedural questions concerning a juvenile whom has been transferred to criminal proceedings, see the Pennsylvania Rules of Criminal Procedure.
Official Note: Rule 395 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 395 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 396. Bail.
If transfer to criminal proceedings is ordered at the conclusion of the transfer hearing, the juvenile court judge shall determine bail for the juvenile. The bail rules in the Pennsylvania Rules of Criminal Procedure shall apply.
Comment See Pa.R.Crim.P. 520 through 536.
If the juvenile cannot post bail, the judge may issue a commitment order so the juvenile may be detained in a jail or the judge may continue the juvenile's detention as a juvenile pending trial. See 42 Pa.C.S. § 6327(d).
Official Note: Rule 396 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 396 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
CHAPTER 4. ADJUDICATORY HEARING
Rule
401. Introduction to Chapter Four. 404. Prompt Adjudicatory Hearing.
406. Adjudicatory Hearing. 407. Admissions.
408. Ruling on Offenses.
409. Adjudication of Delinquency. Rule 401. Introduction to Chapter Four.
Under these rules and the Juvenile Act, 42 Pa.C.S. § 6301 et seq., a determination for each case requires separate and distinct findings. First, the court is to hold an adjudicatory hearing, governed by Rule 406 or receive an admission from the juvenile of the allegations, governed by Rule 407. Second, after hearing the evidence or receiving an admission, the court is to rule on the offenses pursuant to Rule 408, stating with particularity the grading and counts of each offense. Third, after ruling on the offenses or entering its findings, the court is to determine if the juvenile is in need of treatment, supervision, or rehabilitation pursuant to Rule 409. After the court has made these findings and if the court finds that the juvenile is in need of treatment, supervision, or rehabilitation, the court is to hold a dispositional hearing as provided for in Rule 512 and is to enter a dispositional order pursuant to Rule 515. Nothing in these rules precludes the court from making these determinations at the same proceeding as long as the requirements of Rules 406 through 409 are followed.
Official Note: Rule 401 adopted April 1, 2005, effective October 1, 2005.
Rule 404. Prompt Adjudicatory Hearing.
A. Detained juvenile. If the juvenile is detained, an adjudicatory hearing shall be held within ten days of the filing of the petition. If the adjudicatory hearing is not held within ten days, the juvenile shall be released unless the exceptions of Rule 240(D) apply.
B. Non-detained juvenile. If the juvenile is not detained, the adjudicatory hearing shall be held within a reasonable time.
Official Note: Rule 404 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 404 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 406. Adjudicatory Hearing.
A. Manner of hearing. The court shall conduct the adjudicatory hearing without a jury, in an informal but orderly manner.
B. Recording. The adjudicatory hearing shall be recorded. The recording shall be transcribed:
1) at the request of a party;
2) pursuant to a court order; or
3) when there is an appeal.
Comment Under paragraph (A), the juvenile does not have the right to trial by jury. McKeiver v. Pennsylvania, 403 U. S. 528 (1971).
Official Note: Rule 406 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 406 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 407. Admissions.
A. Admissions. At any time after a petition is filed, the juvenile may tender an admission to the facts, adjudication of delinquency, and/or disposition.
1) Requirements. Before the court can accept an admission, the court shall determine that the admission is made voluntarily and knowingly. The court, at a minimum, shall ask questions to elicit the following information:
a) Does the juvenile understand the nature of the allegations to which he or she is admitting?
b) Is there a factual basis for the admission?
c) Does the juvenile understand that he or she has the right to a hearing before the judge?
d) Does the juvenile understand that he or she is presumed innocent until found delinquent?
e) Is the juvenile aware of the dispositions that could be imposed?
f) Is the juvenile aware that the judge is not bound by the terms of any agreement tendered unless the judge accepts such agreement?
g) Has the juvenile spoken with his or her attorney or waived the right to counsel in accordance with Rule 152?
h) Does the juvenile have any questions about admitting to the facts or delinquency based on the allegations?
i) Has the juvenile had the opportunity to speak with a guardian about his or her decision?
2) Agreements. If the parties agree upon the terms of an admission, the tender shall be presented to the court.
3) Court action. If the court accepts the tender, the court shall enter an order incorporating any agreement. If the court does not accept the tender, the case shall proceed as if no tender had been made.
4) Limitations on withdrawals. An admission cannot be withdrawn after the court enters the dispositional order.
B. Incriminating statements. An incriminating statement made by a juvenile in the discussions or conferences incident to an admission that is not ultimately accepted by the court or otherwise permitted to be withdrawn by the court shall not be used against the juvenile over objection in any criminal proceeding or hearing under the Juvenile Act, 42 Pa.C.S. § 6301 et seq.
Comment Under paragraph (A)(1), the court is to determine if the admission is voluntarily and knowingly made. Nothing in this rule is intended to prevent the court from using a written form to ascertain the necessary information, provided the court asks questions of the juvenile, on the record, to authenticate the juvenile's completion and understanding of the form and the juvenile's agreement with the statements made.
Under paragraph (A)(3), if the disposition agreed upon by the parties is unavailable or the court does not agree with the terms of the tender, the case is to proceed as if no tender had been made.
The court is not to accept a plea of nolo contendere. See In re B.P.Y., 712 A.2d 769 (Pa. Super. Ct. 1998).
Official Note: Rule 407 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 407 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 408. Ruling on Offenses.
A. Within seven days of hearing the evidence on the petition or accepting an admission under Rule 407, the court shall enter a finding by specifying which, if any, offenses, including grading and counts, alleged in the petition were committed by the juvenile.
B. If the court finds the juvenile did not commit the alleged delinquent acts, the court shall dismiss the allegations and release the juvenile, if detained, unless there are other grounds for the juvenile's detention.
C. If the court finds that the juvenile committed any delinquent act, the court shall proceed as provided in Rule 409.
Comment Under paragraph (A), for any offense the court finds that the juvenile committed, the court is to specify the grading and count(s). See 42 Pa.C.S. § 6341(b). It is noted that some offenses have no specific grading, i.e., ungraded felony or misdemeanor of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P. S. § 780-101 et seq., or the ungraded delinquent act of failure to comply with a sentence for a summary offense, 42 Pa.C.S. § 6302 (definition of ''delinquent act'').
Under paragraph (B), if all the allegations are dismissed, the court is to order the destruction of fingerprints and photographs. See 42 Pa.C.S. § 6341(a).
Official Note: Rule 408 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 408 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 409. Adjudication of Delinquency.
A. Adjudicating the juvenile delinquent. Once the court has ruled on the offenses as provided in Rule 408, the court shall conduct a hearing to determine if the juvenile is in need of treatment, supervision, or rehabilitation.
1) If the court determines that the juvenile is not in need of treatment, supervision, or rehabilitation, jurisdiction shall be terminated and the juvenile shall be released, if detained, unless there are other reasons for the juvenile's detention.
2) If the court determines that the juvenile is in need of treatment, supervision, or rehabilitation, the court shall enter an order adjudicating the juvenile delinquent and proceed in determining a proper disposition under Rule 512.
B. Timing.
1) If the juvenile is in detention, the court shall make its finding within twenty days of the ruling on the offenses pursuant to Rule 408.
2) If the juvenile is not in detention, the court shall make its finding within sixty days of the ruling on the offenses pursuant to Rule 408.
C. Extending Time by Agreement. The time restrictions under paragraphs (B)(1) and (B)(2) may be extended if there is an agreement by both parties.
Comment Under paragraph (A), absent evidence to the contrary, evidence of the commission of acts that constitute a felony is sufficient to sustain a finding that the juvenile is in need of treatment, supervision, or rehabilitation. See 42 Pa.C.S. § 6341(b).
This rule addresses adjudicating the juvenile delinquent or releasing the juvenile from the court's jurisdiction. This determination is different from finding the juvenile committed a delinquent act under Rule 408. For dispositional hearing procedures, see Chapter Five.
Official Note: Rule 409 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 409 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
CHAPTER 5. DISPOSITIONAL HEARING
PART A. SUMMONS AND NOTICE OF THE DISPOSITIONAL HEARING
Rule
500. Summons and Notice of the Dispositional Hearing.
PART B. DISPOSITIONAL HEARING AND AIDS
510. Prompt Dispositional Hearing.
512. Dispositional Hearing.
513. Aids in Disposition. 515. Dispositional Order.
516. Service of the Dispositional Order.
PART C. INTER-STATE TRANSFER OF DISPOSITION
520. Transfer of Disposition and Supervision of Juvenile to Another State (Reserved).
521. Disposition and Supervision of a Juvenile Received from Another State (Reserved).
PART A. SUMMONS AND NOTICE OF THE DISPOSITIONAL HEARING Rule 500. Summons and Notice of the Dispositional Hearing.
A. Summons. The court shall issue a summons compelling the juvenile and the juvenile's guardian to appear for the dispositional hearing.
B. Notice. The court shall give notice of the dispositional hearing to:
1) the attorney for the Commonwealth;
2) the juvenile's attorney; and
3) the juvenile probation office.
C. Requirements. The general summons and notice procedures of Rule 124 shall be followed.
Comment Section 6335(a) of the Juvenile Act provides that the court shall direct the issuance of a summons to the juvenile, guardian, and any other persons as appears to the court to be proper and necessary for the proceedings. 42 Pa.C.S. § 6335(a).
The attorney for the Commonwealth or the juvenile probation officer should notify the victim of the hearing. See Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
Other persons may be subpoenaed to appear for the hearing. See 42 Pa.C.S. § 6333.
Official Note: Rule 500 adopted April 1, 2005, effective October 1, 2005.
Part B. DISPOSITIONAL HEARING AND AIDS Rule 510. Prompt Dispositional Hearing.
A. General rule. If the juvenile is detained, the dispositional hearing shall be held no later than twenty days after the ruling on the offenses under Rule 408.
B. Continuances. The dispositional hearing may be continued, if necessary. If the juvenile is detained, each continuance shall not exceed twenty days.
Comment Under paragraph (B), if there is a continuance, the court should review the juvenile's case every twenty days until there is a final dispositional order.
See 42 Pa.C.S. § 6341(b).
Official Note: Rule 510 adopted April 1, 2005, effective October 1, 2005.
Rule 512. Dispositional Hearing.
A. Manner of hearing. The court shall conduct the dispositional hearing in an informal but orderly manner.
1) Evidence. The court shall receive any oral or written evidence which is helpful in determining disposition, including evidence that was not admissible at the adjudicatory hearing.
2) Opportunity to be heard. Before deciding disposition, the court shall give the juvenile and the victim an opportunity to make a statement.
B. Recording. The dispositional hearing shall be recorded. The recording shall be transcribed:
1) at the request of a party;
2) pursuant to a court order; or
3) when there is an appeal.
Comment Under paragraph (A)(2), for victim's right to be heard, see Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
To the extent practicable, the judge or master that presided over the adjudicatory hearing for a juvenile should preside over the dispositional hearing for the same juvenile.
Official Note: Rule 512 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 512 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 513. Aids in Disposition.
A. Social Study. The court may order the preparation of a social study in any case to aid in the decision for disposition.
B. Examinations. The court may order the juvenile to undergo psychological, psychiatric, drug and alcohol, or any other examination, as it deems appropriate to aid in the decision for disposition.
C. Victim-Impact Statement. The victim may submit a victim-impact statement to the court. If the victim has submitted a victim-impact statement, the court shall accept and consider the victim-impact statement in determining disposition.
Comment Section 6341(e) of the Juvenile Act requires the court to receive reports and other evidence bearing on the disposition or need of treatment, supervision, or rehabilitation. In re McDonough, 430 A.2d 308 (Pa. Super. Ct. 1981).
Paragraph (C) addresses a statement submitted by the victim to the court. For the victim's opportunity to be heard, see Rule 512(A)(2). See also Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
Official Note: Rule 513 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 513 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 515. Dispositional Order.
A. Generally. When the court enters a disposition, the court shall issue a written order, which provides balanced attention to the protection of the community, accountability for the offenses committed, and development of the juvenile's competencies to enable the juvenile to become a responsible and productive member of the community. The order shall include:
1) the terms and conditions of the disposition;
2) the name of any agency or institution that is to provide care, treatment, supervision, or rehabilitation of the juvenile;
3) the date of the order; and
4) the signature and printed name of the judge entering the order.
B. Restitution. If restitution is ordered in a case, the dispositional order shall include:
1) a specific amount of restitution to be paid by the juvenile;
2) to whom the restitution is to be paid; and
3) a payment schedule, if so determined by the court.
C. Guardian participation. The court shall include any obligation in its dispositional order imposed upon the guardian.
Comment See 23 Pa.C.S. § 5503 and 42 Pa.C.S. § 6310.
Dispositional orders should comport in substantial form and content to the Juvenile Court Judges' Commission model orders to receive funding under the federal Adoption and Safe Families Act (ASFA) of 1997 (P. L. 105-89). The model forms are also in compliance with Title IV-B and Title IV-E of the Social Security Act. For model orders, see http://www.jcjc.state.pa.us or http://www.dpw.state.pa.us or request a copy on diskette directly from the Juvenile Court Judges' Commission, Room 401, Finance Building, Harrisburg, PA 17120.
Official Note: Rule 515 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 515 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 516. Service of the Dispositional Order.
Upon entry of the disposition, the court shall issue a dispositional order and the order shall be served promptly upon:
1) the juvenile;
2) the juvenile's guardian;
3) the juvenile's attorney;
4) the attorney for the Commonwealth;
5) the juvenile probation officer;
6) any agency directed to provide treatment; and
7) any other person as ordered by the court.
Official Note: Rule 516 adopted April 1, 2005, effective October 1, 2005.
PART C. INTER-STATE TRANSFER OF DISPOSITION Rule 520. Transfer of Disposition and Supervision of Juvenile to Another State (Reserved).
Rule 521. Disposition and Supervision of a Juvenile Received From Another State (Reserved).
CHAPTER 6. POST-DISPOSITIONAL PROCEDURES
PART A. SUMMONS AND NOTICE
Rule
600. Summons and Notice of the Commitment Review, Dispositional Review, and Probation Revocation Hearing.
PART B. MODIFICATIONS, REVIEWS, AND APPEALS
605. Detaining Juvenile for Modification of the Dispositional Order or Violation of Probation.
610. Dispositional and Commitment Review.
612. Modification or Revocation of Probation.
613. Termination of Court Supervision. 616. Post-Dispositional Procedures; Appeal (Reserved). 617. Release of Juvenile Pending Appeal (Reserved).
PART A. SUMMONS AND NOTICE Rule 600. Summons and Notice of the Commitment Review, Dispositional Review, and Probation Revocation Hearing.
A. Summons. The court shall issue a summons compelling the juvenile and the juvenile's guardian to appear for the commitment review, dispositional review, or probation revocation hearing.
B. Notice. The court shall give notice of the hearing to:
1) the attorney for the Commonwealth;
2) the juvenile's attorney;
3) the juvenile probation office; and
4) the placement facility staff, if the juvenile is in placement.
C. Requirements. The general summons and notice procedures of Rule 124 shall be followed.
Comment Section 6335(a) of the Juvenile Act provides that the court shall direct the issuance of a summons to the juvenile, guardian, and any other persons as appears to the court to be proper and necessary for the proceedings. 42 Pa.C.S. § 6335(a).
The attorney for the Commonwealth or the juvenile probation officer should notify the victim of the hearing. See Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
Other persons may be subpoenaed to appear for the hearing. See 42 Pa.C.S. § 6333.
Official Note: Rule 600 adopted April 1, 2005, effective October 1, 2005.
PART B. MODIFICATIONS, REVIEWS, AND APPEALS Rule 605. Detaining Juvenile for Modification of the Dispositional Order or Violation of Probation.
A. A juvenile may be detained for a modification of a dispositional order or a violation of probation by:
1) the filing of a motion for modification of the dispositional order;
2) the anticipated filing of a motion for modification of the dispositional order within twenty-four hours of the juvenile's detention; or
3) the filing of a motion alleging probation violations.
B. The court shall adhere to the detention, notice, time, and manner of hearing provisions of Rules 240, 241 and 242.
Official Note: Rule 605 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 605 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 610. Dispositional and Commitment Review.
A. Dispositional Review Hearing.
1) A court may schedule a review hearing at any time.
2) In all cases when the juvenile is removed from the home, the court shall hold dispositional review hearings at least every six months.
B. Change in dispositional order. Whenever there is a request for a change in the dispositional order, other than a motion to revoke probation as provided in Rule 612, the court shall give the parties notice of the request and an opportunity to be heard.
1) The juvenile may be detained pending a court hearing.
2) A detention hearing shall be held within seventy-two hours of the juvenile's detention, if detained.
3) The juvenile shall be given a statement of reasons for the discharge from a placement facility or request for change in the dispositional order.
4) A review hearing shall be held within twenty days of the discharge from the placement facility or request for change in the dispositional order.
C. Advanced Communication Technology. If the parties agree, commitment and dispositional review hearings may be held by teleconferencing, two-way simultaneous audio-visual communication, or another similar method when a juvenile is committed to a placement facility. The juvenile shall be permitted to communicate fully and confidentially with the juvenile's attorney immediately prior to and during the proceeding.
Comment Under paragraph (A), the court may hold a review hearing at any time; however, if the juvenile is removed from the home, the court is to conduct a hearing at least every six months.
Nothing in this rule is intended to prohibit the emergency transfer of a juvenile from a placement facility to a detention facility pending reconsideration of the dispositional order and this rule is not intended to preclude a motion for modification of a dispositional order after the juvenile has been detained.
Some placement facilities are hours away from the dispositional court. Paragraph (C) allows a hearing, when a juvenile is in a placement facility, to be conducted via teleconferencing, two-way simultaneous audio-visual communication, or similar method. The juvenile is to be afforded all the same rights and privileges as if the hearing was held with all present in the courtroom.
Official Note: Rule 610 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 610 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 612. Modification or Revocation of Probation.
A. Filing. A motion to modify or revoke probation shall be filed in accordance with Rule 345.
B. Time of Hearing on the Motion.
1) If the juvenile is detained, the hearing on the motion shall be held within ten days of the detention hearing.
2) If the juvenile is not detained, the hearing on the motion shall be held promptly.
C. Modification. If the court modifies the dispositional order, the court shall state the grounds for the modification and shall issue a new dispositional order in accordance with Rule 515.
Comment A juvenile should be afforded due process before probation can be revoked. Cf. Gagnon v. Scarpelli, 411 U. S. 778 (1973); Morrissey v. Brewer, 408 U. S. 471 (1972). A juvenile's probation cannot be revoked simply on the grounds of hearsay evidence. In re Davis, 586 A.2d 914 (Pa. 1991).
For detention procedures, see Rules 240 through 243.
For dispositional orders, see Rule 515.
Official Note: Rule 612 adopted April 1, 2005, effective October 1, 2005.
Rule 613. Termination of Court Supervision.
A. Notice. When the juvenile has completed the terms of the dispositional order, the juvenile probation officer shall move for the termination of the court's supervision by filing a motion. The motion shall set forth:
1) The juvenile has completed the terms of the court's dispositional order;
2) Restitution, fines, and costs have been paid in full; and
3) The juvenile has not committed any new offenses in which a criminal proceeding or proceeding governed by the Juvenile Act, 42 Pa.C.S. § 6301 et seq., may be commenced.
B. Objection. Any party may object to the motion under paragraph (A) and request a hearing. Such objection shall be made within thirty days of receipt of the motion; otherwise, objections are deemed waived.
C. Hearing. If objections have been made under paragraph (B), the court shall hold a hearing and give each party an opportunity to be heard before the court enters its final order.
D. Termination. When the requirements of paragraphs (A) through (C) have been met and the court is satisfied that the juvenile has carried out the terms of the dispositional order, the court may discharge the juvenile from its supervision.
Comment For procedures on motions, see Rule 344 and 345. For procedures on the dispositional order, see Rule 515. See also, 42 Pa.C.S. § 6352.
Under paragraph (A)(2), see 42 Pa.C.S. § 9728 for collection of outstanding restitution.
Official Note: Rule 613 adopted April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 613 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Rule 616. Post-Dispositional Procedures; Appeal (Reserved).
Rule 617. Release of Juvenile Pending Appeal (Reserved).
CHAPTER 8. SUSPENSIONS
Rule
800. Suspensions of Acts of Assembly. Rule 800. Suspensions of Acts of Assembly.
This rule provides for the suspension of the following Acts of Assembly that apply to delinquency proceedings only:
1) The Act of November 21, 1990, P. L. 588, No. 138, § 1, 42 Pa.C.S. § 8934, which authorizes the sealing or search warrant affidavits, and which is implemented by Pa.R.Crim.P. 211, through Pa.R.J.C.P. 105, is suspended only insofar as the Act is inconsistent with Pa.R.Crim.P. Rules 205, 206, 211.
2) The Act of July 9, 1976, P. L. 586, No. 142, § 2, 42 Pa.C.S. § 6335(c), which provides for the issuance of arrest warrants if the juvenile may abscond or may not attend or be brought to a hearing, is suspended only insofar as the Act is inconsistent with Rule 124, which requires a summoned person to fail to appear and the court to find that sufficient notice was given.
3) The Act of July 9, 1976, P. L. 586, No. 142, § 2, 42 Pa.C.S. § 6336(c), which provides that if a proceeding is not recorded, full minutes shall be kept by the court, is suspended only insofar as the Act is inconsistent with Rule 127(A), which requires all proceedings to be recorded, except for detention hearings.
4) The Public Defender Act, Act of December 2, 1968, P. L. 1144, No. 358, § 1 et seq. as amended through Act of December 10, 1974, P. L. 830, No. 277, § 1, 16 P. S. 9960.1 et seq., which requires the Public Defender to represent all juveniles who for lack of sufficient funds are unable to employ counsel is suspended only insofar as the Act is inconsistent with Rules 150 and 151, which requires separate counsel if there is a conflict of interest.
5) The Act of July 9, 1976, P. L. 586, No. 142, § 2, 42 Pa.C.S. § 6337, which provides that counsel must be provided unless the guardian is present and waives counsel for the juvenile, is suspended only insofar as the Act is inconsistent with Rule 152, which does not allow a guardian to waive the juvenile's right to counsel.
6) The Act of July 9, 1976, P. L. 586, No. 142, § 2, 42 Pa.C.S. § 6305(b), which provides that the court maydirect hearings in any case or class or cases be conducted by the master, is suspended only insofar as the Act is inconsistent with Rule 187, which allows masters to hear only specific classes of cases.
7) The Act of July 9, 1976, P. L. 586, No. 142, § 2, 42 Pa.C.S. § 6321, which provides for commencement of a proceeding by the filing of a petition, is suspended only insofar as the Act is inconsistent with Rule 200, which provides the submission of a written allegation shall commence a proceeding.
8) The Act of July 9, 1976, P. L. 586, No. 142, § 2, 42 Pa.C.S. § 6303(b), which provides that a district judge or judge of the minor judiciary may not detain a juvenile, is suspended only insofar as the Act is inconsistent with Rule 210, which allows Magisterial District Judges to detain in limited circumstances.
9) The Act of July 9, 1976, P. L. 586, No. 142, § 2, 42 Pa.C.S. § 6334, which provides that any person may bring a petition, is suspended only insofar as the Act is inconsistent with Rules 231, 233, and 330, which provide for a person other than a law enforcement officer to submit a private written allegation to the juvenile probation office or an attorney for the Commonwealth, if elected for approval; and that only a juvenile probation officer or attorney for the Commonwealth may file a petition.
10) The Act of July 9, 1976, P. L. 586, No. 142, § 2, 42 Pa.C.S. § 6304(a)(2), which provides that probation officers may receive and examine complaints for the purposes of commencing proceedings, is suspended only insofar as the Act is inconsistent with Rules 231 and 330, which provide that the District Attorney may file a certification that requires an attorney for the Commonwealth to initially receive and approve written allegations and petitions.
11) The Act of July 9, 1976, P. L. 586, No. 142, § 2, 42 Pa.C.S. § 6331, which provides for the filing of a petition with the court within twenty four hours or the next business day of the admission of the juvenile to detention or shelter care, is suspended only insofar as the Act is inconsistent with the filing of a petition within twenty-four hours or the next business day from the detention hearing if the juvenile is detained under Rule 242.
12) Section 5720 of the Wiretapping and Electronic Surveillance Control Act, Act of October 4, 1978, P. L. 831, No. 164, 18 Pa.C.S. § 5720, is suspended as inconsistent with Rule 340 only insofar as the section may delay disclosure to a juvenile seeking discovery under Rule 340(B)(6); and Section 5721(b) of the Act, 18 Pa.C.S. § 5721(b), is suspended only insofar as the time frame for making a motion to suppress is concerned, as inconsistent with Rules 347 and 350.
13) The Act of July 9, 1976, P. L. 586, No. 142, § 2, 42 Pa.C.S. § 6335, which provides for a hearing within ten days of the juvenile's detention unless the exceptions of (a)(1) & (2) or (f) are met, is suspended only insofar as the Act is inconsistent with Rule 391, which provides for an additional ten days of detention if a notice of intent for transfer to criminal proceedings has been filed.
Comment The authority for suspension of Acts of Assembly is granted to the Supreme Court by Article V § 10(c) of the Pennsylvania Constitution. See also Rule 102.
Official Note: Rule 800 adopted April 1, 2005, effective October 1, 2005.
[Pa.B. Doc. No. 05-695. Filed for public inspection April 15, 2005, 9:00 a.m.]
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