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PA Bulletin, Doc. No. 22-1962

THE COURTS

Title 237—JUVENILE RULES

PART I. RULES

[237 PA. CODE CH. 5]

Order Amending Rule 515 of the Pennsylvania Rules of Juvenile Court Procedure; No. 925 Supreme Court Rules Docket

[52 Pa.B. 7810]
[Saturday, December 17, 2022]

Order

Per Curiam

 And Now, this 1st day of December, 2022, upon the recommendation of the Juvenile Court Procedural Rules Committee, the proposal having been published for public comment at 52 Pa.B. 11 (January 1, 2022):

 It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Pennsylvania Rule of Juvenile Court Procedure 515 is amended in the attached form.

 This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective on April 1, 2023.

 Additions to the rule are shown in bold and are underlined.

 Deletions from the rule are shown in bold and brackets.

Annex A

TITLE 237. JUVENILE RULES

PART I. RULES

Subpart A. DELINQUENCY MATTERS

CHAPTER 5. DISPOSITIONAL HEARING

PART B. DISPOSITIONAL HEARING AND AIDS

Rule 515. Dispositional Order.

 [A.] (a) Generally. When the court enters a disposition after an adjudication of delinquency pursuant to Rule 409(A)(2), the court shall issue a written order in accordance with 42 Pa.C.S. § 6352, which the court has determined to be consistent with the protection of the public interest and best suited to the child's treatment, supervision, rehabilitation and welfare, which disposition shall, as appropriate to the individual circumstances of the child's case, provide balanced attention to the protection of the community, accountability for the offenses committed, and development of the juvenile's competencies to enable the juvenile to become a responsible and productive member of the community. The order shall include:

 (1) the court's findings pursuant to Rule 512(D), including any conditions of probation that, if not enumerated in the order, shall be attached to the order;

 (2) a designation whether the case is eligible pursuant to 42 Pa.C.S. § 6307(b)(1.1)(i) for limited public information;

 (3) a directive that the juvenile shall submit to fingerprinting and photographing by, or arranged by, the law enforcement agency that submitted the written allegation in all cases in which the juvenile has not previously been fingerprinted or photographed;

 (4) the date of the order; and

 (5) the signature and printed name of the judge entering the order.

 [B.] (b) Financial Obligations. If the court orders the payment of fines, costs, fees, or restitution, pursuant to 42 Pa.C.S. § 6352(a)(5) and (6), the amounts shall be reasonable and as deemed appropriate as part of a plan of rehabilitation considering the nature of the acts committed and the earning capacity of the juvenile. The dispositional order shall include:

 (1) the specific amounts of fines, costs, fees, or restitution to be paid by the juvenile;

 (2) to whom each of the financial obligations shall be paid; and

 (3) a payment schedule based upon the juvenile's ability to pay according to the dispositional order.

 [C.] (c) Guardian Participation. The dispositional order shall include any conditions, limitations, restrictions, and obligations imposed upon the guardian.

 [D.] (d) Disposition Reporting. The court shall forward the case disposition to the Juvenile Court Judges' Commission, as required by the Commission.

Comment

 See 42 Pa.C.S. § 6352 regarding disposition of a delinquent child.

 Courts shall impose the conditions of probation at the time of disposition. See Pa.R.J.C.P. 512(D)(3). If the imposed conditions of probation are not enumerated in the dispositional order itself, the court shall attach them to the order pursuant to subdivision (a)(1).

 Pursuant to [paragraph (A)(2)] subdivision (a)(2), the court is to determine if the case is eligible for limited public information under the requirements of 42 Pa.C.S. § 6307(b)(1.1)(i). See 42 Pa.C.S. § 6307(b)(2). When the case is designated, the clerk of courts is to mark the file clearly. For information that is available to the public in those eligible cases, see Rule 160.

 See 23 Pa.C.S. § 5503 and 42 Pa.C.S. §§ 6308, 6309 [&], and 6310.

 (Editor's Note: Pa.R.J.C.P. 515 as printed in 237 Pa. Code reads ''and'' rather than ''&.'')

 Pursuant to [paragraph (B)] subdivision (b), financial obligations may be imposed as a plan of rehabilitation consistent with the goals of balanced and restorative justice: 1) the protection of the community; 2) the imposition of accountability for offenses committed; and 3) the development of competencies to enable the juvenile to become a responsible and productive member of the community. See 42 Pa.C.S. § 6352(a).

 In determining the amount of the financial obligation pursuant to [paragraph (B)] subdivision (b), the judge may include a contribution to a restitution fund. See 42 Pa.C.S. §§ 6352(a)(5)-(6). A juvenile's earning capacity can be determined by examining factors including, but not limited to, the juvenile's physical and intellectual capabilities, maturity, education, work history, availability of suitable employment, and the priority of other uses of earnings, including essential goods and services, dependents, and the pursuit of higher education. The court may also order non-financial obligations consistent with the principles of balanced and restorative justice.

 Assuming the court finds the juvenile has a sufficient earning capacity to impose a reasonable financial obligation, the court should determine the juvenile's present ability to pay the financial obligation in accordance with the payment schedule pursuant to [paragraph (B)(3)] subdivision (b)(3). In determining a payment schedule, the court should include the frequency, amount, and duration of payments. A juvenile with a present ability to satisfy a financial obligation may be placed on an immediate and full payment schedule.

 When a disposition is no longer consistent with the goals of balanced and restorative justice, a juvenile's plan of rehabilitation may be changed through a dispositional review hearing and modification of dispositional order, including an adjustment of financial obligations. See Rule 610(A)-(B).

 The court shall retain jurisdiction over the juvenile until the juvenile attains 21 years of age, or supervision has been terminated upon completion of the terms of the dispositional order and satisfaction of financial obligations, or otherwise. See 42 Pa.C.S § 6352(a)(5); see also Rules 630 (Loss of Court Jurisdiction), 631 (Termination of Court Supervision) and 632 (Early Termination of Court Supervision by Motion).

 [Official Note

 Rule 515 adopted April 1, 2005, effective October 1, 2005. Amended August 20, 2007, effective December 1, 2007. Amended July 28, 2009, effective immediately. Amended December 24, 2009, effective immediately. Amended April 29, 2011, effective July 1, 2011. Amended February 13, 2019, effective June 28, 2019. Amended October 22, 2021, effective April 1, 2022.

Committee Explanatory Reports:

 Final Report explaining the provisions of Rule 515 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).

 Final Report explaining the amendments to Rule 515 published with the Court's Order at 37 Pa.B. 4866 (September 8, 2007).

 Final Report explaining the amendment to Rule 515 published with the Court's Order at 39 Pa.B. 4743 (August 8, 2009).

 Final Report explaining the amendments to Rule 515 published with the Court's Order at 40 Pa.B. 222 (January 9, 2010).

 Final Report explaining the amendments to Rule 515 published with the Courts Order at 41 Pa.B. 2413 (May 14, 2011).

 Final Report explaining the amendments to Rule 515 published with the Court's Order at 49 Pa.B. 916 (March 2, 2019).

 Final Report explaining the amendments to Rule 515 published with the Court's Order at 51 Pa.B. __ ( __ __ , 2021).]

 (Editor's Note: Pa.R.J.C.P. 515 as printed in 237 Pa. Code reads ''Final Report explaining the amendments to Rule 515 published with the Courts Order at 51 Pa.B. 6905 (November 6, 2021).'' )

JUVENILE COURT PROCEDURAL RULES COMMITTEE

ADOPTION REPORT

Amendment of Pa.R.J.C.P. 515

 On December 1, 2022, the Supreme Court amended Pennsylvania Rule of Juvenile Court Procedure 515 to require the juvenile court to include any conditions of probation, if not enumerated in the dispositional order, be attached to the order. 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.

 In the disposition of a delinquent juvenile, the Juvenile Act permits the court to place a juvenile on probation ''under conditions and limitations the court prescribes.'' 42 Pa.C.S. § 6352(a)(2). The terms and conditions must be stated by the court on the record at the time of disposition. See id. § 6252(c); Pa.R.J.C.P. 512(D)(3). The Committee understood that it may not be a consistent statewide practice for the court to impose the conditions of probation at the time of disposition. Instead, some courts appear to delegate the imposition of appropriate conditions to the juvenile probation office after disposition.

 The Committee believed the rules should reinforce that the juvenile court judge, and not the probation department, is to impose the conditions of probation at the time of the disposition. Accordingly, the Committee proposed amending the Comment to Pa.R.J.C.P. 515 to advise courts that, if the conditions are not set forth in the order, then the conditions should be attached to the order. This language was intended to accommodate the process whereby the juvenile probation officer hands up written conditions of probation at the time of the dispositional hearing, which may be accepted, in whole or in part, by the judge.

 The proposal was published for comment. See 52 Pa.B. 11 (January 1, 2022). No comments were received. Post-publication, the proposed advisement in the commentary was elevated to the rule text of subdivision (a)(1) to require that any conditions of probation be included in the dispositional order and, if not included, then attached to the order.

 Aside from stylistic revisions, the following commentary is being removed from the rule:

Official Note: Rule 515 adopted April 1, 2005, effective October 1, 2005. Amended August 20, 2007, effective December 1, 2007. Amended July 28, 2009, effective immediately. Amended December 24, 2009, effective immediately. Amended April 29, 2011, effective July 1, 2011. Amended February 13, 2019, effective June 28, 2019. Amended October 22, 2021, effective April 1, 2022.

Committee Explanatory Reports:

 Final Report explaining the provisions of Rule 515 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005). Final Report explaining the amendments to Rule 515 published with the Court's Order at 37 Pa.B. 4866 (September 8, 2007). Final Report explaining the amendment to Rule 515 published with the Court's Order at 39 Pa.B. 4743 (August 8, 2009). Final Report explaining the amendments to Rule 515 published with the Court's Order at 40 Pa.B. 222 (January 9, 2010). Final Report explaining the amendments to Rule 515 published with the Courts Order at 41 Pa.B. 2413 (May 14, 2011). Final Report explaining the amendments to Rule 515 published with the Court's Order at 49 Pa.B. 916 (March 2, 2019). Final Report explaining the amendments to Rule 515 published with the Court's Order at 51 Pa.B. __ ( __ __ , 2021).

*  *  *

 (Editor's Note: Pa.R.J.C.P. 515 as printed in 237 Pa. Code reads ''Final Report explaining the amendments to Rule 515 published with the Courts Order at 51 Pa.B. 6905 (November 6, 2021).'' )

 This amendment becomes effective April 1, 2023.

[Pa.B. Doc. No. 22-1962. Filed for public inspection December 16, 2022, 9:00 a.m.]


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