THE COURTS
Title 237—JUVENILE RULES
PART I. RULES
[ 237 PA. CODE CH. 11 ]
Order Amending Rule 1140 of the Rules of Juvenile Court Procedure; No. 764 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. 7016 (November 18, 2017):
It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1140 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 B. DEPENDENCY MATTERS
CHAPTER 11. GENERAL PROVISIONS
PART A. BUSINESS OF COURTS Rule 1140. Bench Warrants for Failure to Appear.
A. Issuance of [warrant] Warrant.
1) Before a bench warrant may be issued by a judge, the judge shall find that the subpoenaed or summoned person received sufficient notice of the hearing and failed to appear.
2) For the purpose of a bench warrant, a judge may not find notice solely based on first-class mail service.
3) The judge shall not issue an arrest warrant for a dependent child who absconds.
B. Party.
1) Where to [take the party] Take the Party.
* * * * * 2) Prompt [hearing] Hearing.
a) If a party is detained pursuant to a specific order in the bench warrant, the party shall be brought before the judge who issued the warrant, a judge designated by the President Judge to hear bench warrants, or an out-of-county judge pursuant to paragraph (B)(4) within seventy-two hours.
b) If the party is not brought before a judge within this time, the party shall be released.
3) Notification of [guardian] Guardian. If a party is a child and is taken into custody pursuant to a bench warrant, the arresting officer shall immediately notify the child's guardian of the child's whereabouts and the reasons for the issuance of the bench warrant.
4) [Out-of-county custody.] Out-of-County Custody.
* * * * * 5) Time [requirements] Requirements. The time requirements of Rules 1242, 1404, 1510, and 1607 shall be followed.
C. Witnesses.
1) Where to [take the witness] Take the Witness.
* * * * * 2) Prompt [hearing] Hearing.
a) If a witness is detained pursuant to paragraph (C)(1)(c) or brought back to the county of issuance pursuant to paragraph (C)(4)(f), the witness shall be brought before the judge by the next business day.
b) If the witness is not brought before a judge within this time, the witness shall be released.
3) Notification of [guardian] Guardian. If a witness who is taken into custody pursuant to a bench warrant is a minor, the arresting officer shall immediately notify the witness's guardian of the witness's whereabouts and the reasons for the issuance of the bench warrant.
4) [Out-of-county custody.] Out-of-County Custody.
* * * * * E. Return & [execution of the warrant for parties and witnesses] Execution of the Warrant for Parties and Witnesses.
* * * * *
Comment Pursuant to paragraph (A), the judge is to ensure that the person received sufficient notice of the hearing and failed to attend. The judge may order that the person be served in-person or by certified mail, return receipt. The judge may rely on first-class mail service if additional evidence of sufficient notice is presented. For example, testimony that the person was told in person about the hearing is sufficient notice. Before issuing a bench warrant, the judge should determine if the guardian was notified.
Under Rule 1800, 42 Pa.C.S. § 6335(c) was suspended only to the extent that it is inconsistent with this rule. Under paragraph (A)(1), the judge is to find a subpoenaed or summoned person failed to appear and sufficient notice was given to issue a bench warrant. The fact that the party or witness may abscond or may not attend or be brought to a hearing is not sufficient evidence for a bench warrant. The normal rules of procedure in these rules are to be followed if a child is detained. See Chapter Twelve[, Part D].
[Pursuant to paragraph (B)(1)(a), the party is to be taken immediately to the judge who issued the bench warrant or a judge designated by the President Judge of that county to hear bench warrants. Pursuant to paragraph (B)(1)(b), if a bench warrant specifically provides that the party may be detained, the party may be detained without having to be brought before the judge until a hearing within seventy-two hours under paragraph (B)(2)(a). Pursuant to this paragraph, if a hearing is not held promptly, the party is to be released. See paragraph (B)(2)(b).]
Paragraph (A)(3) does not preclude the issuance of a bench warrant for a case in which the child is subject to the jurisdiction of the dependency and delinquency court, see Rule 141 (Bench Warrants for Absconders), or an order for protective custody. Nor does the paragraph preclude judicial inquiry into efforts to locate a missing dependent child.
In paragraphs (B)(1)(c)(i), (C)(1)(c)(i), & (C)(4)(e)(i), ''other placement as deemed appropriate by the judge'' does not include a detention facility if a child is only alleged to be dependent because the use of detention facilities for dependent children is strictly prohibited. See 42 Pa.C.S. § 6302 & 6327(e).
Under paragraphs (B)(2) and (B)(4), a party taken into custody pursuant to a bench warrant is to have a hearing within seventy-two hours regardless of where the party is found. See Rule 1242(D).
Pursuant to paragraph (B)(4), the party may be detained out-of-county until transportation arrangements can be made.
[Pursuant to paragraph (B)(5), the time requirements of all other rules are to apply to children who are detained. See, e.g., Rules 1242, 1404, 1510, and 1607.
Pursuant to paragraph (C)(1)(a), the witness is to be taken immediately to the judge who issued the bench warrant or a judge designated by the President Judge of that county to hear bench warrants. Pursuant to paragraph (C)(1)(b), if the judge is not available, the witness is to be released immediately unless the warrant specifically orders detention. Pursuant to paragraph (C)(1)(c), a motion for detention as a witness may be filed. If the witness is detained, a prompt hearing pursuant to paragraph (C)(2) is to be held by the next business day or the witness is to be released. See paragraph (C)(2)(b).]
Pursuant to paragraph (C)(4)(b), a witness is to be brought before an out-of-county judge by the next business day unless the witness can be brought before the judge who issued the bench warrant within this time. When the witness is transported back to the county of issuance within seventy-two hours of the execution of the bench warrant, the witness is to be brought before the judge who issued the bench warrant by the next business day. See paragraph (C)(4)(f).
[Pursuant to paragraph (E)(2), the bench warrant is to be returned to the judge who issued the warrant or to the judge designated by the President Judge to hear warrants by the arresting officer executing a return of warrant. See paragraph (E)(3).]
Pursuant to paragraph (E)(4), the bench warrant is to be vacated after the return of the warrant is executed so the party or witness is not taken into custody on the same warrant if the party or witness is released. ''Vacated'' is to denote that the bench warrant has been served, dissolved, executed, dismissed, canceled, returned, or any other similar language used by the judge to terminate the warrant. The bench warrant is no longer in effect once it has been vacated.
See 42 Pa.C.S. § 4132 for punishment of contempt for children and witnesses.
Throughout these rules, the ''child'' is the subject of the dependency proceedings. When a witness or another party is under the age of eighteen, the witness or party is referred to as a ''minor.'' When ''minor'' is used, it may include a child. This distinction is made to differentiate between children who are alleged dependents and other minors who are witnesses. See also Rule 1120 for the definitions of ''child'' and ''minor.''
Official Note: Rule 1140 adopted March 19, 2009, effective June 1, 2009. Amended April 21, 2011, effective July 1, 2011. Amended April 23, 2018, effective July 1, 2018.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1140 published with the Court's Order at 39 Pa.B. 1614 (April 4, 2009).
Final Report explaining the amendments to Rule 1140 published with the Court's Order at 41 Pa.B. 2319 (May 7, 2011).
Final Report explaining the amendments to Rule 1140 published with the Court's Order at 48 Pa.B. 2615 (May 5, 2018).
FINAL REPORT1
Amendment of Pa.R.J.C.P. 1140 On April 23, 2018, the Supreme Court amended Rule of Juvenile Court Procedure 1140 to add paragraph (a)(3) to clarify that arrest warrants are not to be issued for absconding dependent children. Further, the Comment was revised to state that Rule 1140(a)(3) does not preclude the issuance of a warrant for a case in which the child is subject to the jurisdiction of the dependency and delinquency court or a pickup order for protective custody. Post-publication, the Juvenile Court Procedural Rules Committee recommended additional language in the Comment indicating that judicial inquiry into efforts to locate a missing dependent child is not precluded under the Rule.
Several portions of the Comment merely reiterative of the rule text were deleted to improve readability.
The amendment will become effective July 1, 2018.
[Pa.B. Doc. No. 18-677. 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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