THE COURTS
Title 237—JUVENILE RULES
PART I. RULES
[ 237 PA. CODE CHS. 1 AND 3 ]
Order Amending Rules 120, 160, 163, 166, 300, 302, and 340 and Adopting New Rule 161 of the Rules of Juvenile Court Procedure; No. 569 Supreme Court Rules Doc.
[42 Pa.B. 3203]
[Saturday, June 9, 2012]
Order Per Curiam
And Now, this 21st day of May, 2012, upon the recommendation of the Juvenile Court Procedural Rules Committee; the proposal having been published for public comment before adoption at 40 Pa.B. 4742 (August 21, 2010), in the Atlantic Reporter (Second Series Advance Sheets, Vol. 999, No. 2, September 17, 2010), and on the Supreme Court's 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 Rules 120, 160, 163, 166, 300, 302, and 340 and adoption of new Rule 161 of the Rules of Juvenile Court Procedure are approved in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective August 1, 2012.
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.
* * * * * HEALTH CARE is care related to any medical need including physical, mental, and dental health. This term is used in the broadest sense to include any type of health need.
INSPECTION is the official examination of a document or evidence as authorized by Rules 160 and 161.
INTAKE STAFF is any responsible person taking custody of the juvenile on behalf of the court, detention facility, or medical facility.
ISSUING AUTHORITY is any public official having the power and authority of a magistrate, a Philadelphia bail commissioner, or a Magisterial District Judge.
JUDGE is a judge of the Court of Common Pleas.
JUVENILE is a person who has attained ten years of age and is not yet twenty-one years of age who is alleged to have, upon or after the juvenile's tenth birthday, committed a delinquent act before reaching eighteen years of age.
JUVENILE PROBATION FILES are those records formally maintained by the juvenile probation office and its officers, including, but not limited to, copies of information contained in the official juvenile court record; social studies; school records and reports; health evaluations, screenings, assessments, records, and reports, including psychological and psychiatric evaluations and reports, drug and alcohol testing, evaluations, and reports; placement reports and documents; employment records; and probation reports.
JUVENILE PROBATION OFFICER is a person who has been appointed by the court or employed by a [count's] county's juvenile probation office, and who has been properly commissioned by being sworn in as an officer of the court to exercise the powers and duties set forth in Rule 195, the Juvenile Act, and the Child Protective Services Law.
* * * * * 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. Amended February 26, 2008, effective June 1, 2008. Amended July 28, 2009, effective immediately. Amended December 24, 2009, effective immediately. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended May 20, 2011, effective July 1, 2011. Amended September 7, 2011, effective immediately. Amended September 20, 2011, effective November 1, 2011. Amended May 21, 2012, effective August 1, 2012.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 120 published with the Court's Order at 42 Pa.B. 3203 (June 9, 2012).
PART C. RECORDS
PART C(1). ACCESS TO JUVENILE RECORDS Rule 160. [Inspection of] Inspecting, Copying, and Disseminating the Official Court Record.
A. [General Rule] Inspecting. The official court record is only open to inspection by:
* * * * * B. Copying. Any person, agency, or department permitted to inspect the record pursuant to paragraph (A) may copy or be provided with a copy of the record.
C. Disseminating. Unauthorized dissemination of any information contained in the official court record to a person, agency, or department not permitted to inspect or copy the record pursuant to this rule may result in a finding of contempt of court.
D. Public availability. Upon request, a public document shall be created by the clerk of courts if the case is designated eligible for public inspection pursuant to Rule 330 or 515.
* * * * *
Comment Pursuant to paragraph (A)(11), the court may order that any person, agency, or department receive a copy of all or portions of the record. The court order is to state: 1) the specific information the person, agency or department may receive; 2) that the information received shall not be disseminated to any person, agency, or department not listed in the court order; and 3) that any dissemination of the information received is a violation of the court order.
See the Juvenile Act, 42 Pa.C.S. § 6307, for the statutory provisions on inspection of the juvenile's file and 42 Pa.C.S. § 6352.1 for disclosure of treatment records.
See Rule 120 for definition of the ''official court record.''
This rule is meant to include the contents of the official court record as described in Rule 166.
When delinquency proceedings are commenced pursuant to Rule 200(4), the entire criminal court file is to be transferred with the case to juvenile court. This criminal case file is now the juvenile court file, which is the official court record, and the disclosure requirements of this rule apply.
Paragraph (C) protects the juvenile from dissemination of information contained in the official court record to unauthorized sources. Nothing in this rule is intended to preclude the juvenile or the juvenile's attorney from discussing the case with others, such as, local newspaper reporters. However, specific information concerning the victim should not be disseminated by the juvenile or the juvenile's attorney.
Under paragraph [(B)] (D), there is one document for each eligible case that is open for public inspection. The public document should be clearly marked for employees of the clerks of courts' office as the only document available for inspection by the general public. All other information contained in the official court record is not open for public inspection but only open to inspection to the persons enumerated in paragraph (A).
See Rule 330 for designation of public availability status in the juvenile petition. See Rule 515 for designation of public availability status in the dispositional order.
Official Note: Rule 160 adopted April 1, 2005, effective October 1, 2005[; amended]. Amended December 30, 2005, effective immediately. Amended August 20, 2007, effective December 1, 2007. Amended May 12, 2008, effective immediately. Amended December 24, 2009, effective immediately. Amended May 21, 2012, effective August 1, 2012.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 160 published with the Court's Order at 42 Pa.B. 3203 (June 9, 2012).
(Editor's Note: Rule 161 is new and printed in regular type to enhance readability.)
Rule 161. Inspecting, Copying, and Disseminating Juvenile Probation Files.
A. Inspecting and copying. Except as provided in paragraph (C), juvenile probation files shall be open to inspection and/or copying only by:
1) the juvenile's attorney;
2) the attorney for the Commonwealth;
3) the Sexual Offender Assessment Board; or
4) any other person, agency, or department by order of court.
B. Electronic records.
1) Records which are maintained electronically by juvenile probation offices shall be subject to inspection and/or copying only pursuant to court order.
2) Each juvenile probation office shall create a document which describes the information that is maintained by the juvenile probation office concerning each juvenile. This document shall be open to inspection and copying pursuant to paragraph (A).
C. Contents of order. The order shall:
1) specify who shall be permitted to inspect the record or any portion of the record;
2) specify who shall be permitted to copy the record;
3) state that the information received shall not be disseminated to any person, agency, or department not listed in the court order; and
4) state that dissemination of any information received is a violation of the court order.
D. Disseminating.
1) The juvenile probation office has discretion to disseminate portions of its files to the juvenile, service providers, placement facilities, and courts and courts' professional staff of other jurisdictions when facilitating placement, the delivery of services, treatment, or transfer of the case to, or supervision by another jurisdiction consistent with applicable Federal or state law.
2) Unauthorized dissemination of any information contained in the juvenile probation file to a person, agency, or department not permitted to inspect or copy the file pursuant to this rule may result in a finding of contempt of court.
Comment Documents contained in the juvenile probation files are not a part of the official court record unless the juvenile probation office officially files the documents in the official court record. Those documents placed in the official court record are governed by Rule 160 and 42 Pa.C.S. § 6307.
The notes of a juvenile probation officer, which describe the officer's impressions or personal observations but which are not included in a report to the court or other report, are not considered a component of a juvenile probation file that is open to inspection or copying under paragraph (A).
Nothing in this rule is intended to preclude the juvenile probation office from sharing information in its file with the juvenile.
Official Note: Rule 161 adopted May 21, 2012, effective August 1, 2012.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 161 published with the Court's Order at 42 Pa.B. 3203 (June 9, 2012).
Rule 163. Release of Information to School.
* * * * * D. Maintained separately. Any information provided to the building principal or his or her designee under this rule shall be maintained separately from the juvenile's official school record.
E. Dissemination. Unauthorized dissemination of any information contained in the school record to any unauthorized person, agency, or department may result in a finding of contempt of court.
Comment The delinquency information in the school record is to be used only by school officials and is not to be released to the general public or third parties unless ordered by the court. In addition, information sent to the school may not be used for disciplinary purposes against the juvenile. The juvenile probation office should send a notice to the school when it sends information to the school concerning the findings of the court. The notice should state that any information received by the school should not be used against the juvenile for disciplinary reasons, including suspensions and expulsions. See 42 Pa.C.S. § 6341(b.1)(4).
For further dissemination and usage in school, see 42 Pa.C.S. § 6341(b.1).
Official Note: Rule 163 adopted April 1, 2005, effective October 1, 2005. Amended May 21, 2012, effective August 1, 2012.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 163 published with the Court's Order at 42 Pa.B. 3203 (June 9, 2012).
PART C(2). MAINTAINING RECORDS Rule 166. Maintaining Records in the Clerk of Courts.
* * * * *
Comment * * * * * This rule is not intended to include items contained in the juvenile probation [records or reports] files. [See Rule 160 (Inspection of the Official Court Record) and its Comment for items contained in juvenile probation records or reports.]
* * * * * Official Note: Rule 166 adopted April 1, 2005, effective October 1, 2005. Amended December 24, 2009, effective immediately. Amended May 21, 2012, effective August 1, 2012.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 166 published with the Court's Order at 42 Pa.B. 3203 (June 9, 2012).
CHAPTER 3. PRE-ADJUDICATORY PROCEDURES
PART A. VENUE Rule 300. Venue.
* * * * * C. Transmission of all records. If there is a change of venue pursuant to paragraph (B):
1) the transferring court shall transfer certified copies of all documents, reports, and summaries in the juvenile's official court record to the receiving court; and
2) The juvenile probation office of the transferring court shall transfer [all] its [records] juvenile probation files to the juvenile probation office where venue has been transferred.
Official Note: Rule 300 adopted April 1, 2005, effective October 1, 2005. Amended December 24, 2009, effective immediately. Amended May 21, 2012, effective August 1, 2012.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 300 published with the Court's Order at 42 Pa.B. 3203 (June 9, 2012).
Rule 302. Inter-County Transfer.
* * * * * C. Transmission of all records. If the case is transferred pursuant to paragraph (A) or (B):
1) the transferring court shall transfer certified copies of all documents, reports, and summaries in the juvenile's official court record to the receiving court;
2) the juvenile probation office of the transferring court shall transfer [all] its [records] juvenile probation files to the juvenile probation office where jurisdiction has been transferred.
* * * * * Official Note: Rule 302 adopted April 1, 2005, effective October 1, 2005. Amended December 24, 2009, effective immediately. Amended May 21, 2012, effective August 1, 2012.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 302 published with the Court's Order at 42 Pa.B. 3203 (June 9, 2012).
PART D. PROCEDURES FOLLOWING FILING OF PETITION Rule 340. Pre-Adjudicatory Discovery and Inspection.
* * * * *
Comment * * * * * In addition to information requested under this rule, an attorney has the right to inspect all court records and files, including juvenile probation [records and reports] files. See [Rule] Rules 160 and 161.
Official Note: Rule 340 adopted April 1, 2005, effective October 1, 2005. Amended May 21, 2012, effective August 1, 2012.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 340 published with the Court's Order at 42 Pa.B. 3203 (June 9, 2012).
EXPLANATORY REPORT
May 2012 The Supreme Court of Pennsylvania has adopted the modifications to Rules 120, 160, 163, 166, 300, 302, and 340 and new Rule 161 with this Recommendation. The changes are effective August 1, 2012.
Background
In December of 2009, the Court adopted changes to Rules 120 and 160 which eliminated the inspection of juvenile probation records from the Rules of Court. The scope of Rule 160 was changed from Inspection of Juvenile File/Records to Inspection of the Official Court Record as defined by Rule 120.
It was important to define the official court record, to identify the entity responsible for overseeing the record, and to clarify how the record shall be viewed. The Committee deferred addressing juvenile probation files until a future date.
In early 2010, judges and probation officers from various judicial districts inquired as to whether the Rules addressed the copying and inspection of juvenile probation files.
Now with these rule changes, the official court record is further distinguished from juvenile probation files. These changes provide for inspecting, copying, and disseminating the official court record and juvenile probation files.
Rule 120—Definitions
The definition of juvenile probation files explains what is included in the juvenile probation file and distinguishes it from the official court record. Copies of documents contained in the official court record may, however, also be included in the juvenile probation file.
In addition, ''inspection'' of the record is defined. It does not include the copying of the record.
Rule 160—Inspecting, Copying, and Disseminating the Official Court Record
This rule now addresses the inspecting, copying, and disseminating of information contained in the official court record. New paragraphs were added to address each issue.
The Comment further explains that the inspection of the record does not include copying the record. It is important that a court order clearly articulate whether copying is permitted. The court order should specify: 1) the exact information a person, agency, or department may receive; 2) that the information shall not be disseminated to any person, agency, or department not specified in the court order; and 3) that any unauthorized dissemination is a violation of the court order.
The court must balance the importance of sharing critical information with a specific individual, agency, or department against the potential for inappropriate use of information once released.
This rule limits the distribution of the information and provides that it is unlawful to further disseminate information concerning a juvenile from the official court record.
Rule 161—Inspecting, Copying, and Disseminating Juvenile Probation Files
This new rule provides for the inspecting and/or copying of juvenile probation files by the party's attorneys. If the court determines that any other person, agency, or department needs the information in the juvenile probation file, the court specifically shall order it.
The rule also provides for the sharing of information contained in the juvenile probation file in paragraph (D). The sharing of information is controlled by the juvenile probation office. The rule gives the probation office discretion to share information with the juvenile, service providers, placement facilities, and courts of other jurisdictions. This is necessary for the juvenile probation office to perform its daily operations and carry out its responsibilities in maintaining its services for its juveniles.
The rule also mandates that when the juvenile probation office shares information, it will not be further disseminated. Dissemination of information received, unless specifically authorized, is a violation of the court order.
Rule 163—Release of information to schools
Information received from the court must not be disseminated to any unauthorized person, agency, or department. Additionally, information sent to the school concerning the court's findings should not be used against the juvenile for disciplinary reasons, including suspensions and expulsions.
Rule 166—Maintaining Records in the Clerk of Courts
Juvenile probation records are not a part of the official court record; therefore, this Comment is being deleted. Prior to the changes of Rule 160 in December of 2009, many judicial districts interpreted juvenile probation files as a part of the ''files and records of the court.''
Rule 300—Venue and Rule 302—Inter-county Transfer
To remain consistent with the new definition in Rule 120, ''records'' has been changed to ''juvenile probation files'' in these rules.
Rule 340—Pre-adjudicatory Discovery and Inspection
The new Rule 161 has been cited in the Comment to this rule.
[Pa.B. Doc. No. 12-1040. Filed for public inspection June 8, 2012, 9:00 a.m.]
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