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PA Bulletin, Doc. No. 00-564

STATEMENTS OF POLICY

Title 237--JUVENILE RULES

JUVENILE COURT JUDGES' COMMISSION

[237 PA. CODE CH. 301]

Hearing Procedures

[30 Pa.B. 1762]

   The juvenile court hearing is the central incident in the execution of 42 Pa.C.S. Chapter 63 (relating to Juvenile Act). The attitudes and decisions of judges, as conveyed through the hearing, greatly influence the attitudes and practices of probation officers, police and social agencies, as well as those of the general community.

   The function of the juvenile court hearing is to determine jurisdiction, the facts of the case, and the most appropriate disposition of the matter.

   However, the juvenile court hearing is modified by the fact that the subjects of these hearings are children, and by the philosophy of juvenile court law which embodies the special concern of society for children, the belief that children should be separate from the process of criminal law, and the conviction that society's welfare can be best served by their rehabilitation rather than their punishment.

   The juvenile court administrative judge shall ensure that policies and procedures are in place to aid the child, the child's parents and the crime victim in understanding the hearing process.

   This statement of policy shall take effect upon publication in the Pennsylvania Bulletin.

JAMES E. ANDERSON,   
Executive Director

   (Editor's Note: A statement of policy of the Juvenile Court Judges' Commission is added in 237 Pa. Code §§ 301.1--301.8, 301.21--301.27 and 301.41--301.48 to read as set forth in Annex A.

   Fiscal Note: 23-SOP-2. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 237.  JUVENILE RULES

PART II.  STANDARDS

CHAPTER 301.  HEARING PROCEDURES

INITIATION OF HEARINGS

Sec.

301.1.Initiation of hearing process.
301.2.Petition.
301.3.Time for hearing.
301.4.Child in detention or shelter.
301.5.Child not detained or sheltered.
301.6.Appearance at hearing required.
301.7.Subpoena as requiring attendance of witnesses.
301.8.Priority for child in detention or shelter.

CONDUCT OF HEARINGS

301.21.Due process.
301.22.District attorney to represent Commonwealth.
301.23.Record of Proceedings.
301.24.Public excluded from hearings.
301.25.Counsel.
301.26.Waiver of right to counsel.
301.27.Conflict of interest with child.

PHASES OF THE HEARING ON THE PETITION

301.41.Three phases of hearing.
301.42.Jurisdiction.
301.43.Evidence on the petition.
301.44.Findings.
301.45.Finding of delinquency.
301.46.Finding of need for treatment, supervision or rehabilitation.
301.47.Discharge and dismissal.
301.48.Disposition.

INITIATION OF HEARINGS

§ 301.1.  Initiation of hearing process.

   The hearing process shall be formally initiated by the filing of a petition, as provided in 42 Pa.C.S. Chapter 63 (relating to Juvenile Act), which shall be entitled ''in the interest of . . . , a minor,'' and shall be captioned and docketed as provided by general rule.

§ 301.2.  Petition.

   The petition may be brought by any person, shall be verified, and shall set forth plainly:

   (1)  The facts which bring the child within the jurisdiction of the Court and 42 Pa.C.S. Chapter 3 (relating to Juvenile Act), a statement that it is in the interest of the child and the public that the proceedings be brought and, if delinquency is alleged, that the child is in need of treatment, supervision or rehabilitation.

   (2)  The name, age and address of the child on whose behalf the petition is brought.

   (3)  The names and addresses, if known, of the parents, guardian or custodian and of the spouse, if any, of the child.

   (4)  Whether the child is presently in detention or shelter care, and, if so, the location of the facility where the child is in placement, and the time the child was taken into custody.

§ 301.3.  Time for hearing.

   After a petition has been filed alleging a child to be dependent or delinquent, the court shall fix a time for a hearing thereon.

§ 301.4.  Child in detention or shelter care.

   When a petition is filed alleging a child to be dependent or delinquent, and the child is in detention or shelter care, the hearing on the petition shall be held within 10 days after the filing of the petition. The child may be detained or kept in shelter care for an additional single period not to exceed 10 days when the Court, at a hearing, makes the determinations and findings required under 42 Pa.C.S. § 6335 (relating to release or holding of hearing).

§ 301.5.  Child not detained or sheltered.

   When a petition is filed alleging a child to be dependent or delinquent and the child is not in detention or shelter care, the hearing on the petition shall be held within 90 days after the filing of the petition.

   (1)  With the approval of the Court, this period may be extended, in a delinquency case, upon the agreement of the Commonwealth and the child. An extension may also be granted by the Court, in a dependency or delinquency case, when reasonable cause is shown for an extension. An extension granted by the Court shall be for a specific period of time.

   (2)  If a petition is reinstated alleging a child to be delinquent who is failing to fulfill the terms and conditions of a consent decree under 42 Pa.C.S. § 6340 (relating to consent decree), the hearing on the petition shall be held within 90 days of the reinstatement of the petition, subject to the conditions for extension of time set forth for hearings on new petitions.

§ 301.6.  Appearance at hearing required.

   (a)  The Court shall direct the issuance of a summons to the parents, guardian or other custodian, or guardian ad litem and other persons the Court identifies as necessary parties to the proceeding, requiring them to appear at the hearing.

   (b)  The summons shall also be directed to the child if he is 14 years of age or older or is alleged to be delinquent and a copy of the petition shall accompany the summons.

§ 301.7.  Subpoena as requiring attendance of witnesses.

   Upon application of a child, parent, guardian, custodian, probation officer, district attorney or other party to the proceedings, the Court shall issue, or may on its own motion issue, subpoenas requiring attendance of witnesses and production of papers at any hearing under 42 Pa.C.S. Chapter 63 (relating to Juvenile Act).

§ 301.8.  Priority for child in detention or shelter.

   In scheduling hearings under 42 Pa.C.S. Chapter 63 (relating to the Juvenile Act), priority shall be given to children in detention or shelter care.

CONDUCT OF HEARINGS

§ 301.21.  Due process.

   (a)  The Court shall hear all cases without a jury in an informal but orderly manner which guarantees due process.

   (b)  The atmosphere of the hearing should encourage the maximum participation of all concerned. It should be evident that it is the intent of the judge to determine the facts of the case and provide a forum that is consistent with the public interest and is intended to arrive at a disposition that provides balanced attention to the protection of the community, imposition of accountability for offenses committed and development of competencies to enable the child to become a responsible and productive member of the community.

§ 301.22.  District attorney to represent Commonwealth.

   The district attorney shall represent the Commonwealth in delinquency proceedings.

§ 301.23.  Record of proceedings.

   Juvenile court proceedings shall be recorded by an official court reporter.

§ 301.24.  Public excluded from hearings.

   The general public shall be excluded from the juvenile court hearing process.

   (1)  Only the parties, their counsel, witnesses, the victim, counsel for the victim, other persons accompanying a party or a victim and other persons the Court finds have a proper interest in the proceeding or in the work of the Court may be admitted.

   (2)  The general public may not be excluded from any hearing pursuant to a petition alleging delinquency as follows:

   (i)  When the child was 14 years of age or older at the time of the alleged conduct and the conduct would be considered a felony if committed by an adult.

   (ii)  When the child was 12 years of age or older at the time of the alleged conduct and the conduct would constitute one or more of the following offenses if committed by an adult:

   (A)  Murder.

   (B)  Voluntary manslaughter.

   (C)  Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault).

   (D)  Arson as defined in 18 Pa.C.S. § 3301(a)(1) (relating to arson and other related offenses).

   (E)  Involuntary deviate sexual intercourse.

   (F)  Kidnapping.

   (G)  Rape.

   (H)  Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery).

   (I)  Robbery of motor vehicle.

   (J)  Attempt or conspiracy to commit any of the offenses in this paragraph.

   (iii)  Notwithstanding anything in this section, the proceedings shall be closed upon, and to the extent of, any agreement between the child and the attorney for the Commonwealth.

   (iv)  The Court at any disposition proceeding shall have discretion to maintain the confidentiality of mental health, medical or juvenile institutional documents or juvenile probation reports.

§ 301.25.  Counsel.

   (a)  If a child appears for hearing without counsel, the Court shall ascertain whether that child knows of the right to be provided counsel by the Court if the child is unable to obtain counsel.

   (b)  The Court may continue the proceeding to enable a party to obtain counsel.

§ 301.26.  Waiver of right to counsel.

   A child may not waive his right to counsel unless the child has had the opportunity to consult with an interested and informed adult. The adult must be one who is primarily interested in the welfare of the accused child and aware of those fifth and sixth amendment rights guaranteed to the child.

§ 301.27.  Conflict of interest with child.

   When the interests of the parent, guardian or custodian may be in conflict with the interests of the child, or when the interests of two or more parties to a proceeding may conflict, separate counsel shall be provided.

PHASES OF THE HEARING ON THE PETITION

§ 301.41.  Three phases of hearing.

   The hearing on the petition shall be divided into three phases:

   (1)  The determination of jurisdiction.

   (2)  The adjudication of the issue.

   (3)  Disposition.

§ 301.42.  Jurisdiction.

   The Court shall in all cases initially determine whether the juvenile court has jurisdiction to hear the matter which has been petitioned for hearing.

§ 301.43.  Evidence on the petition.

   (a)  Once it has been determined that the Court has proper jurisdiction over the matter before it and has assured that the child is fully aware of all constitutional rights, the Court shall entertain evidence on the petition.

   (b)  At any time after the filing of a petition and before the entry of an adjudication order, the Court, on proper motion, may suspend the proceedings and enter a consent decree continuing the child under supervision in the child's own home under terms and conditions negotiated with the probation department and agreed to by all parties affected.

§ 301.44.  Findings.

   (a)  After hearing the evidence on the petition, the Court shall make and file its findings as to whether the acts ascribed to the child were committed by him if the petition alleged delinquency; or, if dependency was alleged, whether the child is a dependent child.

   (b)  If the Court finds that the child is not a dependent child or that the allegations of delinquency have not been established, it shall dismiss the petition and order the child discharged from any detention or restriction which has been previously ordered.

§ 301.45.  Finding of delinquency.

   A finding that the child committed the acts by reason of which the child was alleged to be delinquent shall be made only on proof beyond a reasonable doubt, while a finding that a child is dependent shall be based on clear and convincing evidence.

§ 301.46.  Finding of need for treatment, supervision or rehabilitation.

   (a)  When there is a finding that the child committed a delinquent act, the Court shall proceed immediately, or at a postponed hearing, to hear evidence as to whether the child is in need of treatment, supervision or rehabilitation and therefore delinquent, and to make and file its findings thereon.

   (b)  In the absence of evidence to the contrary, evidence of the commission of acts which constitute a felony shall be sufficient to sustain a finding that a child is in need of treatment, supervision or rehabilitation.

§ 301.47.  Discharge and dismissal.

   If the Court finds that the child is not in need of treatment, supervision or rehabilitation, it shall dismiss the proceeding and discharge the child from any detention or other previously ordered care.

§ 301.48.  Disposition.

   If the Court finds that a child is dependent, the Court shall proceed immediately or at a postponed hearing to make proper disposition of the case.

[Pa.B. Doc. No. 00-564. Filed for public inspection March 31, 2000, 9:00 a.m.]


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