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PA Bulletin, Doc. No. 18-676

THE COURTS

Title 237—JUVENILE RULES

PART I. RULES

[ 237 PA. CODE CH. 4 ]

Order Amending Rule 409 of the Rules of Juvenile Court Procedure; No. 763 Supreme Court Rules Doc.

[48 Pa.B. 2615]
[Saturday, May 5, 2018]

Order

Per Curiam

 And Now, this 23rd day of April, 2018, upon the recommendation of the Juvenile Court Procedural Rules Committee, the proposal having been published for public comment at 47 Pa.B. 7304 (December 2, 2017):

 It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 409 of the Pennsylvania Rules of Juvenile Court Procedure is 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 July 1, 2018.

Annex A

TITLE 237. JUVENILE RULES

PART I. RULES

Subpart A. DELINQUENCY MATTERS

CHAPTER 4. ADJUDICATORY HEARING

Rule 409. Adjudication of Delinquency.

 A. Adjudicating the [juvenile delinquent] Juvenile Delinquent. Once the court has ruled on the offenses as provided in Rule 408, the court shall conduct a hearing to determine if the juvenile is in need of treatment, supervision, or rehabilitation.

 1) Not in [need] Need. If the court determines that the juvenile is not in need of treatment, supervision, or rehabilitation, the court shall enter an order providing that:

 a) [jurisdiction shall be terminated] the petition shall be dismissed and the juvenile shall be released, if detained, unless there are other reasons for the juvenile's detention; and

 b) any records, fingerprints, and photographs taken shall be expunged or destroyed.

 2) In [need] Need.

*  *  *  *  *

Comment

 Under paragraph (A), absent evidence to the contrary, evidence of the commission of acts that constitute a felony is sufficient to sustain a finding that the juvenile is in need of treatment, supervision, or rehabilitation. See 42 Pa.C.S. § 6341(b).

 If the court determines that the juvenile is not in need of treatment, supervision, or rehabilitation and the court enters an order [terminating jurisdiction] dismissing the petition, the victim, if not present, shall be notified of the final outcome of the proceeding. See Victim's Bill of Rights, 18 P.S. § 11.201 et seq.

 This rule addresses adjudicating the juvenile delinquent or [releasing the juvenile from the court's jurisdiction] dismissing the petition. This determination is different from finding the juvenile committed a delinquent act under Rule 408.

*  *  *  *  *

 Official Note: Rule 409 adopted April 1, 2005, effective October 1, 2005. Amended December 24, 2009, effective immediately. Amended May 26, 2011, effective July 1, 2011. Amended July 28, 2014, effective September 29, 2014. Amended April 23, 2018, effective July 1, 2018.

 Committee Explanatory Reports:

 Final Report explaining the provisions of Rule 409 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).

 Final Report explaining the amendments to Rule 409 published with the Court's Order at 40 Pa.B. 222 (January 9, 2010).

 Final Report explaining the amendments to Rule 409 published with the Court's Order at 41 Pa.B. 3180 (June 25, 2011).

 Final Report explaining the amendments to Rule 409 published with the Court's Order at 44 Pa.B. 5447 (August 16, 2014).

 Final Report explaining the amendments to Rule 409 published with the Court's Order at 48 Pa.B. 2615 (May 5, 2018).

FINAL REPORT1

Amendment of Pa.R.J.C.P. 409

 On April 23, 2018, the Supreme Court amended Rule of Juvenile Court Procedure 409 to change the outcome from ''termination of jurisdiction'' to ''dismissal of petition'' when the court finds the juvenile is ''not in need.''

 The amendment is not intended to have a substantive impact on current procedure. Rather, it represents a change in terminology to more precisely identify the procedural outcome, to avoid conflation of ''jurisdiction'' with its use in other Rules of Juvenile Court Procedure, see e.g., Pa.R.J.C.P. 630, and to enhance correlation with Rule 170(A)(2).

 The amendment will become effective July 1, 2018.

[Pa.B. Doc. No. 18-676. Filed for public inspection May 4, 2018, 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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