THE COURTS
PART I. RULES
[ 237 PA. CODE CHS. 1 AND 2 ]
Order Amending Rules 152 and 242 of the Rules of Juvenile Court Procedure; No. 724 Supreme Court Rules Doc.
[47 Pa.B. 941]
[Saturday, February 18, 2017]
Order Per Curiam
And Now, this 6th day of February, 2017, upon the recommendation of the Juvenile Court Procedural Rules Committee, the proposal having been published for public comment at 46 Pa.B. 3939 (July 23, 2016):
It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 152 and 242 of the Pennsylvania Rules of Juvenile Court Procedure are amended in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on April 1, 2017.
Annex A
TITLE 237. JUVENILE RULES
PART I. RULES
Subpart A. DELINQUENCY MATTERS
CHAPTER 1. GENERAL PROVISIONS
PART B(2). COUNSEL Rule 152. Waiver of Counsel.
A. Waiver requirements. A juvenile who has attained the age of fourteen may only waive the right to counsel if:
1) the waiver is knowingly, intelligently, and voluntarily made; [and]
* * * * *
Comment Because of the ramifications of a juvenile record, it is important that every safeguard [is] be taken to ensure that all constitutional and procedural guarantees and rights are preserved. Juveniles should not feel pressured to waive counsel or be the subject of any proactive pursuit for obtaining a waiver.
In determining whether the waiver of counsel is knowingly, intelligently, and voluntarily made, the court, on the record, is to ask the juvenile questions to elicit: 1) the reasons why the juvenile wants to waive counsel; 2) information regarding the juvenile's: a) age; b) maturity; c) education; d) mental health issues, if any; and e) any current alcohol or drug issues that may impair the juvenile's decision-making skills; 3) the juvenile's understanding of the: a) right to an attorney, including the provisions of Rule 151; b) juvenile's role when proceeding pro se; c) allegations in the petition against the juvenile; and d) possible consequences if the juvenile is found delinquent; 4) whether the juvenile consulted with the juvenile's guardian; and 5) whether the juvenile consulted with an attorney.
* * * * * [Notwithstanding the provisions of paragraph (A)(3), a juvenile fourteen years of age or older may make or file a motion pursuant to Rule 344(E) for alternative relief, for example, when the juvenile subscribes to a protected formal belief system which prohibits attorney representation.]
Pursuant to paragraph (C), if waiver of counsel is revoked, the court is to appoint counsel before proceeding.
Official Note: Rule 152 adopted April 1, 2005, effective October 1, 2005. Amended January 11, 2012, effective March 1, 2012. Amended February 6, 2017, effective April 1, 2017.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 152 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Final Report explaining the amendments to Rule 152 published with the Court's Order at 42 Pa.B. 547 (January 28, 2012).
Final Report explaining the revision to the Comment to Rule 152 published with the Court's Order at 47 Pa.B. 942 (February 18, 2017).
CHAPTER 2. COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION
PART D. PRE-ADJUDICATORY DETENTION Rule 242. Detention Hearing.
* * * * * B. Manner of hearing.
* * * * * 3) Testimony and evidence.
a) All evidence helpful in determining the questions presented, including oral or written reports, may be received by the court and relied upon to the extent of its probative value even though not competent in the hearing on the petition.
b) The juvenile's attorney[, the juvenile, if the juvenile has waived counsel pursuant to Rule 152,] and the attorney for the Commonwealth shall be afforded an opportunity to examine and controvert written reports so received.
4) Juvenile's rights. The juvenile shall be present at the detention hearing and the juvenile's attorney [or the juvenile, if the juvenile has waived counsel pursuant to Rule 152,] may:
* * * * * Official Note: Rule 242 adopted April 1, 2005, effective October 1, 2005. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended May 26, 2011, effective July 1, 2011. Amended July 18, 2012, effective October 1, 2012. Amended February 6, 2017, effective April 1, 2017.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 242 published with the Court's Order at 42 Pa.B. 4909 (August 4, 2012).
Final Report explaining the amendments to Rule 242 published with the Court's Order at 47 Pa.B. 942 (February 18, 2017).
FINAL REPORT1
Amendment of Pa.R.J.C.P. 152 and 242 On February 6, 2017, the Court amended Juvenile Court Procedural Rule 152 to remove a statement from the Comment suggesting a juvenile has a right to proceed pro se, and Rule 242 to remove references to a juvenile's waiver of counsel pursuant to Rule 152. Per Rule 152(A)(3)(a), a juvenile may not waive counsel for a detention hearing.
[Pa.B. Doc. No. 17-272. Filed for public inspection February 17, 2017, 9:00 a.m.] _______
1 The Committee's Final Report should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the Committee's explanatory Final Reports.
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