THE COURTS
Title 237--JUVENILE RULES
PART I. RULES
[237 PA. CODE CHS. 1, 2 AND 8]
Order Amending Rules 120, 200, 210, and 800 of the Rules of Juvenile Court Procedure; No. 411 Supreme Court Rules; Doc. No. 1
[37 Pa.B. 1483]
[Saturday, April 7, 2007]
Order Per Curiam:
Now, this 23rd day of March, 2007, upon the recommendation of the Juvenile Court Procedural Rules Committee and an Explanatory Report to be published with this Order:
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the modifications to the Rules of Juvenile Court Procedure Rules 120, 200, 210, and 800 are approved in the following form.
This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective August 1, 2007.
Annex A
TITLE 237. JUVENILE RULES
PART I. RULES
Subpart A. DELINQUENCY MATTERS
CHAPTER 1. GENERAL PROVISIONS
PART A. BUSINESS OF COURTS Rule 120. Definitions.
* * * * * COURT is the Court of Common Pleas, a court of record, which is assigned to hear juvenile delinquency matters. Court shall include masters when they are permitted to hear cases under these rules and magisterial district judges when issuing an arrest warrant pursuant to Rule 210. Juvenile Court shall have the same meaning as Court.
* * * * *
Comment Under the term ''court,'' to determine if masters are permitted to hear cases, see Rule 187. See Rule 210 for the power of magisterial district judges to issue arrest warrants.
Neither the definition of ''law enforcement officer'' nor the definition of ''police officer'' gives the power of arrest to any person who is not otherwise given that power by law.
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. This document may have been formerly known as a ''probable cause affidavit,'' ''complaint,'' ''police paper,'' ''charge form,'' ''allegation of delinquency,'' or the like. 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.
For definition of ''delinquent act,'' see 42 Pa.C.S. § 6302.
Official Note: Rule 120 adopted April 1, 2005, effective October 1, 2005; amended December 30, 2005, effective immediately; amended March 23, 2007, effective August 1, 2007.
Committee Explanatory Reports:
Final Report explaining the amendments to Rule 120 published with the Court's Order at 36 Pa.B. 187 (January 14, 2006).
Final Report explaining the amendments to Rule 120 published with the Court's Order at 37 Pa.B. 1485 (April 7, 2007).
CHAPTER 2. COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION
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) a certification to the court that a juvenile has failed to comply with a lawful sentence imposed for a summary offense;
4) transfer of a case from a criminal proceeding pursuant to 42 Pa.C.S. § 6322;
[4)] 5) the court accepting jurisdiction of a resident juvenile from another state; or
[5)] 6) 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)] (5) 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)] (6) 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; amended March 23, 2007, effective August 1, 2007.
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).
Final Report explaining the amendments to Rule 200 published with the Court's Order at 37 Pa.B. 1485 (April 7, 2007).
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] submitting 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.
D. Transmission of file. If a magisterial district judge issues an arrest warrant for a juvenile pursuant to paragraph (A), the magisterial district judge shall forward the juvenile case file to the clerk of courts immediately or no later than the next business day.
E. Return of arrest warrant. Once the arrest warrant has been executed, it shall be returned to the juvenile probation office. The juvenile probation office shall, immediately and no later than the next business day, notify the magisterial district judge that the warrant has been executed.
F. Case closed by magisterial district judge. Once a magisterial district judge has been notified that the arrest warrant has been executed pursuant to paragraph (E), the magisterial district judge shall mark the arrest warrant as served and close the case.
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.]
When issuing an arrest warrant, a magisterial district judge is included in the definition of court pursuant to Rule 120, and as such, the magisterial district judge is to maintain the confidentiality of records as required by Rule 160. For access to court records, see Rule 160.
Paragraph (A) provides that a magisterial district judge may order the juvenile to be taken into custody pursuant to the laws of arrest. Pursuant to the Juvenile Act, 42 Pa.C.S. § 6303(b), a district judge of the minor judiciary may not detain a juvenile. This rule allows a magisterial district judge to issue an arrest warrant, which may lead to detention in limited circumstances. See Rule 800 (8).
Paragraph (D) provides that if the president judge of a judicial district has appointed a magisterial district judge to accept applications for arrest warrants and the magisterial district judge issues an arrest warrant for the juvenile, the magisterial district judge is to send the juvenile case file, including the written allegation supported by a probable cause affidavit, a copy of the arrest warrant, and any other information contained in the juvenile file, to the clerk of courts. For definition of clerk of courts, see Rule 120.
Paragraph (E) provides that the return of the arrest warrant is to be made with the juvenile probation office. The juvenile probation office immediately is to notify the magisterial district judge of the execution of the arrest warrant so the arrest warrant may be marked as executed in their computer system. This is extremely important so the juvenile does not get rearrested on the same warrant.
Official Note: Rule 210 adopted April 1, 2005, effective October 1, 2005; amended March 23, 2007, effective August 1, 2007.
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).
Final Report explaining the amendments to Rule 200 published with the Court's Order at 37 Pa.B. 1485 (April 7, 2007).
CHAPTER 8. SUSPENSIONS 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] of search warrant affidavits, and which is implemented by Pa.R.Crim.P. Rule 211, through Pa.R.J.C.P. Rule 105, is suspended only insofar as the Act is inconsistent with Pa.R.Crim.P. Rules 205, 206, 211.
* * * * * 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] issue an arrest warrant, which may lead to detention in limited circumstances.
* * * * *
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; amended December 30, 2005, effective immediately; amended March 23, 2007, effective August 1, 2007.
Committee Explanatory Reports:
Final Report explaining the amendments to Rule 800 published with the Court's Order at 36 Pa.B. 187 (January 14, 2006).
Final Report explaining the amendments to Rule 800 published with the Court's Order at 37 Pa.B. 1485 (April 7, 2007).
Explanatory Report The Supreme Court of Pennsylvania has adopted the proposed changes to Rules 120, 200, 210, and 800.
Rule 120--Definitions
With the modifications of Rule 210, the Committee felt it was necessary to include Magisterial District Judges (hereinafter MDJs) when issuing an arrest warrant in the definition of court. The definition is very limited and requires the records of MDJs to follow the confidentiality requirements of Rule 160.
Rule 200--Commencing Proceedings
Rule 200 has been modified with an additional provision of allowing cases to be commenced by the filing of a certification that a juvenile has failed to comply with a lawful sentence for a summary offense. Failure to comply with a lawful sentence for a summary offense is defined as a delinquent act pursuant to 42 Pa.C.S. § 6302. A written allegation may be filed in those cases but the revised Rule allows a delinquency case to be commenced by a certification from the MDJ that the juvenile has failed to comply with a lawful sentence for a summary offense, bypassing the need for a written allegation.
MDJs need to be able to close cases in their systems without a need for a police officer, probation officer, or district attorney filing a written allegation, on their behalf, alleging the failure to comply with a lawful sentence for a summary offense. This ''certification'' of a case from the MDJ to the Court of Common Pleas allows the MDJ's case to be closed once a certification is sent to the Court of Common Pleas. A third party does not need to intervene on behalf of the MDJ. This will additionally help clean up the computer system for the MDJs' offices.
Rule 210--Arrest Warrants
There were several concerns of the usage of the word ''detain'' in the Comment to Rule 210. The Committee made a poor word choice that generated confusion. The Committee never intended for the MDJ to detain a juvenile or a juvenile to be brought to a MDJ. A MDJ may not ''detain'' a juvenile; however, the MDJ may issue an arrest warrant, which is the vehicle for the detention of a juvenile. A juvenile is never brought before the MDJ but taken to a detention facility or the court as provided in the Rules. (See Rule 220).
The revised Rule 210 will delete the Comment language using the term ''detain'' and provide that the MDJ may order the juvenile to be taken into custody pursuant to the laws of arrest. The additional language also clarifies that the MDJ may issue an arrest warrant.
Further administrative modifications were made to Rule 210 to address the need to move the case from the MDJ to the Court of Common Pleas for processing the juvenile case, the need to notify the MDJ of the return of the arrest warrant, and the need to close the juvenile case permanently from the MDJ's computer so the juvenile does not get rearrested on the arrest warrant. Paragraphs (D) through (F) were added to allow the case to move to the proper court and to ensure that the notification of the execution of the warrant gets back to the MDJ court. The modifications are necessary to maintain a proper and smooth transition in the MDJ's automated computer systems.
Rule 800--Suspensions of Acts of Assembly
As with the Rule 210 Comment, there were several concerns of the usage of the word ''detain.'' The Committee has eliminated the word ''detain'' and replaced it with ''issue an arrest warrant authorizing detention in limited circumstances.'' See note to Rule 210.
[Pa.B. Doc. No. 07-592. Filed for public inspection April 6, 2007, 9:00 a.m.]
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