THE COURTSTHE COURTS
Title 237—JUVENILE RULES
PART I. RULES
[ 237 PA. CODE CHS. 1 AND 4 ]
Order Amending Rules 148 and 407 of the Pennsylvania Rules of Juvenile Court Procedure; No. 890 Supreme Court Rules Doc.
[51 Pa.B. 7627]
[Saturday, December 11, 2021]
Order
Per Curiam
And Now, this 30th day of November, 2021, upon the recommendation of the Juvenile Court Procedural Rules Committee, the proposal having been published for public comment at 51 Pa.B. 1307 (March 13, 2021):
It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Pennsylvania Rules of Juvenile Court Procedure 148 and 407 are amended in the following form.
This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective on April 1, 2022.
Annex A
TITLE 237. JUVENILE RULES
PART I. RULES
Subpart A. DELINQUENCY MATTERS
CHAPTER 1. GENERAL PROVISIONS
PART B(1). EDUCATION AND HEALTH OF JUVENILE
Rule 148. Educational Stability and Removal [from] From Home.
(A) General Rule. Any order resulting in the removal of the juvenile from home or a change in placement shall address the educational stability of the juvenile.
(B) School of Origin. [A] Subject to statute, a juvenile removed from home shall remain in their school of origin unless the court finds remaining in the school of origin is not in the juvenile's best interest or protective of the community. If the court finds that it is not in the best interest for the juvenile or protective of the community to remain in the school of origin, then the court may order the juvenile to be enrolled in another school that best meets the juvenile's needs.
(C) Another School. [If] Subject to statute, if a court orders the juvenile to be enrolled in another school pursuant to paragraph (B), then the juvenile shall attend a public school unless the court finds that a public school is not in the best interest of the juvenile or protective of the community.
Comment
This rule is intended to apply at any point in a delinquency proceeding when the juvenile is removed from home, including pre-dispositional detention placement and post-dispositional modification resulting in the juvenile's out of home placement or a change to that placement. This rule is intended to complement rather than supersede the requirements of Rule 512(D)(6).
In paragraph (B), the best interest determination should be based on factors including the appropriateness of the current educational setting considering the juvenile's needs, the proximity of the school of origin relative to the placement location, and the protection of the community. This paragraph is intended to facilitate educational stability while the juvenile remains under the jurisdiction of the Juvenile Court and to codify the presumption that a juvenile is to remain in their school of origin absent evidence that it is not in the best interest of the juvenile or protective of the community to do so.
In paragraph (C), circumstances indicating that it may not be in the best interest for the juvenile to attend a public school includes the security and safety of the juvenile and treatment needs. Paragraph (C) is intended to codify the presumption that a juvenile is to attend public school while in placement absent evidence demonstrating that it is not in the best interest of the juvenile or protective of the community to do so. The bundling of residential services and educational services should not be permitted without a court order authorizing such.
The application of paragraphs (B) and (C) is subject to statute governing the enrollment of a juvenile adjudicated of certain sexual assault acts committed upon another student enrolled in the same public school entity. See 24 P.S. § 13-1318.1; 18 Pa.C.S. §§ 3121, 3122.1, 3123, 3124.1, 3125, 3126.
For release of information to school, see Rule 163.
Official Note: Rule 148 adopted December 21, 2018, effective May 1, 2019. Amended November 30, 2021, effective April 1, 2022.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 148 published with the Court's Order at 49 Pa.B. 208 (January 12, 2019).
Final Report explaining the provisions of Rule 148 published with the Court's Order at 49 Pa.B. 610 (February 9, 2019).
Final Report explaining the amendments to Rule 148 published with the Courts' Order at 51 Pa.B. 7627 (December 11, 2021).
CHAPTER 4. ADJUDICATORY HEARING
Rule 407. Admissions.
* * * * *
(C) Written Admission Colloquy. If a juvenile is making an admission, the colloquy shall be:
(1) in writing;
(2) reviewed and completed with the juvenile by an attorney;
(3) submitted to and reviewed by the court; and
(4) substantially in the following form:
ADMISSION COLLOQUY FORM
| In re | : | _____ JD ______ |
| (Juvenile) | : | |
| : | Delinquent Act(s): ______ |
| : | _________________ |
| : | _________________ |
| : | _________________ |
Answer all of the questions on this form. If you do not understand any question, leave it blank and ask your lawyer or the judge.
I admit that I did the following things (attorney shall list the delinquent acts, grading of acts, and counts):______
_______________________________________________
_______________________________________________
_______________________________________________
* * * * *
Possible Consequences of Adjudication of Delinquency:
13) Do you understand that if you are found delinquent, the judge may make you pay money and place you outside of your home or on probation until you turn 21 years old? ______
14) Are you aware that if you are admitting to ___________________________ _____________________________________ that your driving license will be suspended now or in the future (which means you will not be able to drive)?
(lawyer shall write acts on this line, cross off, or write n/a).
15) Do you understand that this case can be used against you in the future? For example, if you break the law again, you may get a longer sentence in jail. ______
16) Do you understand that if you are found delinquent, other people may find out about it? You may also have to tell people, including colleges, military recruiters, or employers? ______
17) Do you understand that if you are not a U.S. citizen, it may cause problems, which could include being forced to leave the U.S.? ______
18) Do you understand that if you are admitting to sexual assault that you cannot attend the same school as the victim? You will either be expelled or transferred to another school or an alternative education program.
Admission Agreements:
[18] 19) Are you aware that the judge does not have to accept any agreement between you and the District Attorney? ______ (write n/a if no agreement)
[19] 20) If you change your mind about admitting to the charges before the judge decides your disposition or consequences, then you can ask the judge to let you take back your admission.
Appeals:
[20] 21) If you are found delinquent after this admission, you can have a higher court review your case for only three reasons:
* * * * *
Lawyer's Representation and Opportunity to Speak with Guardian
[21] 22) Are you okay with what your lawyer did for you and how he or she explained everything? ______
[22] 23) Did you talk with your parent or guardian about admitting to the charge(s)? ______
* * * * *
Comment
* * * * *
Pursuant to paragraph (C), an attorney is to review the written admission colloquy with the juvenile prior to entering the courtroom. The practice in some judicial districts permitting the juvenile probation officer to review this colloquy with the juvenile is inconsistent with this rule.
As used in Question 18 of the admission colloquy in paragraph (C)(4), ''sexual assault'' includes rape, 18 Pa.C.S. § 3121, statutory sexual assault, 18 Pa.C.S. § 3122.1, involuntary deviate sexual intercourse, 18 Pa.C.S. § 3123, sexual assault, 18 Pa.C.S. § 3124.1, aggravated sexual assault, 18 Pa.C.S. § 3125, and indecent assault, 18 Pa.C.S. § 3126. See 24 P.S. § 13-1318.1(j) (defining ''sexual assault'').
Pursuant to paragraph (D), the written admission colloquy in paragraph (C) is to be amended when the juvenile is admitting to an act that would render the juvenile eligible for court-ordered involuntary treatment upon attaining 20 years of age and SORNA registration and reporting requirements. See 42 Pa.C.S. §§ 6358, 6403, 9799.13(9), and 9799.15(a)(5). The court is to conduct a colloquy as to the potential consequences of an admission of this type using the form in paragraph (D).
* * * * *
Official Note: Rule 407 adopted April 1, 2005, effective October 1, 2005. Amended January 18, 2012, effective April 1, 2012. Amended January 23, 2017, effective April 3, 2017. Amended May 26, 2021, effective October 1, 2021. Amended November 30, 2021, effective April 1, 2022.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 407 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Final Report explaining the amendments to Rule 407 published with the Courts' Order at 42 Pa.B. 664 (February 4, 2012).
Final Report explaining the amendments to Rule 407 published with the Courts' Order at 47 Pa.B. 820 (February 11, 2017).
Final Report explaining the amendments to Rule 407 published with the Courts' Order at 51 Pa.B. 3090 (June 5, 2021).
Final Report explaining the amendments to Rule 407 published with the Courts' Order at 51 Pa.B. 7627 (December 11, 2021).
ADOPTION REPORT
Amendment of Pa.R.J.C.P. 148 and 407
On November 30, 2021, the Supreme Court amended Pennsylvania Rules of Juvenile Court Procedure 148 and 407 to reflect provisions of the Act of Nov. 3, 2020, P.L. 1087, No. 110 amending the Public School Code of 1949 to, inter alia, add Section 1318.1, prohibiting a juvenile adjudicated delinquent of sexual assault from attending the same public school as the victim. The Juvenile Court Procedural Rules Committee has prepared this Adoption Report describing the rulemaking process. An Adoption Report should not be confused with Comments to the rules. See Pa.R.J.A. 103, Comment. The statements contained herein are those of the Committee, not the Court.
Effective January 3, 2021, Act 110 of 2020 amended the Public School Code of 1949 to prohibit a juvenile adjudicated delinquent of sexual assault from attending the same public school as the victim. See 24 P.S. § 13-1318.1. This Act marks a change in policy wherein a student may be subject to discipline in school for conduct occurring outside of school. See 24 P.S. § 5-510 (granting school board authority to enforce rules against students during such time as students are under supervision, including the time necessarily spent in coming to and returning from school); 24 P.S. § 21-2134 (providing for a period of transition for student returning after being adjudicated delinquent before returning to regular classroom). When a juvenile is adjudicated delinquent of sexual assault and prohibited from attending the same public school as the victim, the public school is required to 1) expel the juvenile; 2) transfer the juvenile to an alternative education program; or 3) reassign the juvenile to another school or educational program within the public school entity.
The Committee proposed the amendment of Pa.R.J.C.P. 148 insofar as the Act operates to supersede the juvenile court's best interest/community protection analysis in determining whether a juvenile should remain in his or her school of origin. Application of the Act does not appear to invite judicial discretion. The proposed amendment was intended to place the reader on notice that application of the rule may be superseded by statute. A description and citation to the statute are contained in the Comment. A parallel amendment was not made to Pa.R.J.C.P. 1148 because that rule concerns dependency matters.
The Act also imposes a collateral consequence on the juvenile for an admission of certain offenses. While the Act uses the phrase ''sexual assault,'' that phrase is defined to include six enumerated offenses. See 24 P.S. § 13-1318.1(j) (defining ''sexual assault''). The Committee believed this collateral consequence was significant because it potentially affects a juvenile's education and ability to return to the school of origin, which may impact a juvenile's life beyond any term of supervision.
Accordingly, the Committee proposed amending the admission colloquy set forth in Pa.R.J.C.P. 407(C) to add a question intended to ascertain a juvenile's understanding that returning to a school of origin may not be permitted due to the offense of ''sexual assault.'' Thereafter, the Comment sets forth the enumerated offenses defined by the Act to be a ''sexual assault.'' It is anticipated that the juvenile's counsel will advise the juvenile whether the admitted offense meets that statutory definition.
This proposal was published for comment. See 51 Pa.B. 1307 (March 13, 2021). No comments were received.
Post-publication, the additional commentary to Pa.R.J.C.P. 148 was expanded to include citation of the enumerated offenses constituting a ''sexual assault'' under the Act. Further, question 18 of the colloquy in Pa.R.J.C.P. 407 was revised to add ''alternative education program.''
These amendments become effective April 1, 2022.
[Pa.B. Doc. No. 21-2051. Filed for public inspection December 10, 2021, 9:00 a.m.]
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