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PA Bulletin, Doc. No. 08-390

THE COURTS

PART I. RULES

[ 237 PA. CODE CHS. 150 AND 600 ]

Order Amending Rules 150 and 613 (Now Rule 631) and Adopting New Rules 630 and 632; No. 437 Supreme Court Rules; Doc. No. 1

[38 Pa.B. 1146]
[Saturday, March 8, 2008]

Order

Per Curiam:

   Now, this 26th day of February 2008, upon the recommendation of the Juvenile Court Procedural Rules Committee; the proposal having been published before adoption at 37 Pa.B. 3096 (July 7, 2007), in the Atlantic Reporter (Second Series Advance Sheets, Vol. 924, July 20, 2007), and on the Supreme's Court web-page, 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 new Rules 630 and 632 and the amendments to Rules 150 and 613, now renumbered Rule 631, of the Rules of Juvenile Court Procedure are adopted in the following form.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective April 1, 2008.

Annex A

TITLE 237. JUVENILE RULES

PART I. RULES

Subpart A. DELINQUENCY MATTERS

CHAPTER 1. GENERAL PROVISIONS

PART B. COUNSEL

Rule 150. Attorneys--Appearances and Withdrawals.

*      *      *      *      *

Comment

*      *      *      *      *

   See also Rule [613] 631 for termination of court supervision.

*      *      *      *      *

   Official Note: Rule 150 adopted April 1, 2005, effective October 1, 2005. Amended February 26, 2008, effective April 1, 2008.

Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 150 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005). Final Report explaining the amendments to Rule 150 published with the Court's Order at 38 Pa.B. 1147 (March 8, 2008).

*      *      *      *      *

CHAPTER 6. POST-DISPOSITIONAL PROCEEDINGS

Rule 630.  Loss of Court Jurisdiction.

   When the juvenile has attained the age of twenty-one, the court shall enter an order terminating court supervision of the juvenile.

Comment

   The Juvenile Court has jurisdiction of a delinquent child if the child is under twenty-one years and committed an act of delinquency prior to reaching the age of eighteen. See 42 Pa.C.S. §§ 6302 and 6303.

   Official Note: Rule 630 adopted February 26, 2008, effective April 1, 2008.

Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 630 published with the Court's Order at 38 Pa.B. 1147 (March 8, 2008).

Rule [613] 631. 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 juvenile probation officer shall promptly notify the court when the conditions of probation have been satisfied. The court shall decide if supervision should be terminated. The [motion] notice 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] notice under paragraph (A) and request a hearing. Such objection shall be made within thirty days of receipt of the [motion] notice; 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] filing and service of the notice under paragraph (A), see Rule [344 and] 345. For procedures on the dispositional order, see Rule 515. See also, 42 Pa.C.S. § 6352.

   For collection of restitution [Under paragraph (A)(2)], see 42 Pa.C.S. § 9728 [for collection of out- standing restitution].

   See Rule 632 for early termination of court supervision by motion.

   Official Note: Rule 613 adopted April 1, 2005, effective October 1, 2005. Renumbered Rule 631 and amended February 26, 2008, effective April 1, 2008.

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). Final Report explaining the renumbering of 613 to 631 and amendments to Rule 631 published with the Court's Order at 38 Pa.B. 1147 (March 8, 2008).

Rule 632. Early Termination of Court Supervision by Motion.

   A.  Motion. Any party may move for early termination of court supervision. The motion shall state with specificity why early termination is sought and why the requirements of Rule 631(A) have not been met.

   B.  Notice. In addition to the service requirements of Rule 345, any party moving for early termination shall serve the motion on the juvenile probation officer.

   C.  Objection. A party or the juvenile probation officer 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.

   D.  Hearing. If objections have been made pursuant to paragraph (C), the court shall hold a hearing and give each party and the juvenile probation officer an opportunity to be heard before the court enters its final order.

   E.  Court's motion. The court, sua sponte, may schedule a hearing for early termination of court supervision upon a request by the juvenile probation officer. All parties shall receive notice of the hearing.

   F.  Termination. When the requirements of paragraphs (A) through (D) have been met or pursuant to its own motion under paragraph (E) and the court is satisfied that there are compelling reasons to discharge the juvenile prior to the completion of the requirements of Rule 631(A), the court may order an early discharge of the juvenile from its supervision.

Comment

   For procedures on motions, see Rule 344. For filing and service requirements, see Rule 345.

   If all parties are in agreement with the termination, the court may terminate court supervision without a hearing.

   For procedures on the dispositional order, see Rule 515. See also, 42 Pa.C.S. § 6352. For collection of outstanding restitution regardless of court supervision status, see 42 Pa.C.S. § 9728.

   Official Note: Rule 632 adopted February 26, 2008, effective April 1, 2008.

Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 632 published with the Court's Order at 38 Pa.B.          (March 8, 2008).

Introduction

   The Supreme Court of Pennsylvania has adopted the proposed changes to Rules 150 and 613 (now renumbered Rule 631), two new Rules 630 and 632, and the creation of a new Part C in Chapter Six of the Delinquency Rules: Cessation of Court Supervision and Jurisdiction. The changes are effective April 1, 2008.

EXPLANATORY REPORT

FEBRUARY 2008

Rule 150--Attorneys--Appearances and Withdrawals

   The Comment was modified to reflect the renumbering of Rule 613 to Rule 631.

Rule 630--Loss of Court Jurisdiction

   This rule has been added so the juvenile probation officer can notify the court when the juvenile has turned twenty-one because the court loses delinquency court supervision. This rule is a separate rule because the court loses jurisdiction when the juvenile turns twenty-one regardless of objections.

Rule 631 (old Rule 613)--Termination of Court Supervision

   This rule was renumbered to Rule 631 to be a part of the new Part C in Chapter Six: Cessation of Court Supervision and Jurisdiction. This rule was restructured to be a notice rule, rather than a motions rule. The new Rule 632 will address early terminations by motion.

   Juvenile probation officers are not parties to the proceedings; therefore, they cannot move for termination. This rule was modified and now requires notice to the court when a juvenile has completed the terms of his or her probation.

Rule 632--Early Termination of Court Supervision by Motion

   This new rule addresses early termination of court supervision by motion. There are circumstances in which a court may want to terminate court supervision. For example, a juvenile may be charged with crimes as an adult and is being supervised by adult probation or the juvenile may be going to college or in the military and the court feels the juvenile is no longer in need of treatment, rehabilitation, or supervision.

[Pa.B. Doc. No. 08-390. Filed for public inspection March 7, 2008, 9:00 a.m.]


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