THE COURTS
Title 237--JUVENILE RULES
PART I. RULES
[ 237 PA. CODE CH. 5 ]
Order Amending Rule 510 of the Rules of Juvenile Court Procedure; Supreme Court Rules; No. 447; Doc. No. 1
[38 Pa.B. 3238]
[Saturday, June 14, 2008]
Order Per Curiam:
Now, this 30th day of May, 2008, upon the recommendation of the Juvenile Court Procedural Rules Committee; the proposal having been published for public comment before adoption at 38 Pa.B. 63 (January 5, 2008), in the Atlantic Reporter (Second Series Advance Sheets, Vol. 935, No. 4, January 4, 2008), 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 the modifications to the Rules of Juvenile Court Procedure Rule 510 are approved in the attached form.
This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective January 1, 2009.
Annex A
TITLE 237. JUVENILE RULES
PART I. RULES
Subpart A. DELINQUENCY MATTERS
CHAPTER 5. DISPOSITIONAL HEARING
PART B. DISPOSITIONAL HEARING AND AIDS Rule 510. Prompt Dispositional Hearing.
A. General rule.
1) Juvenile is detained. 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.
2) Juvenile not detained. If the juvenile is not detained, the dispositional hearing shall be held no later than sixty days after ruling on the offenses pursuant to 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. Amended May 30, 2008, effective January 1, 2009.
Committee Explanatory Reports:
Final Report explaining the amendments to Rule 510 published with the Court's Order at 38 Pa.B. (June 14, 2008).
INTRODUCTION The Supreme Court of Pennsylvania has adopted the proposed changes to Rule 510. The changes are effective January 1, 2009.
EXPLANATORY REPORT
MAY 2008Rule 510--Prompt Dispositional Hearing
Rule 510 only addressed time limitations for dispositional hearings for juveniles in detention. This rule change adds a time limitation for dispositional hearings for juveniles who are not detained. The dispositional hearing is to be held no later than sixty days after the Court has ruled on the offenses pursuant to Rule 408.
The Committee determined that once a juvenile has committed an offense(s), the disposition should be as timely as possible to effectuate the purposes of the Juvenile Act, including development of competencies, accountability, and protection to the community. See 42 Pa.C.S. § 6301.
The Committee is also deleting the Juvenile Act cite in the Comment because the Juvenile Act requires a hearing for treatment, supervision, and rehabilitation within sixty days of the ruling of the offenses. A hearing for treatment, supervision, and rehabilitation is the adjudication of delinquency covered pursuant to Rule 409. This rule change adds an additional time requirement that provides that the dispositional hearing shall be held within sixty days of the ruling on the offenses.
The Committee determined that six months should be enough time for judicial districts to catch up on any backlog of cases. Thereafter, the judicial districts should schedule dispositional hearings within sixty days of the ruling on the offenses.
[Pa.B. Doc. No. 08-1090. Filed for public inspection June 13, 2008, 9:00 a.m.]
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