THE COURTS
Title 237--JUVENILE RULES
PART I. RULES
[ 237 PA. CODE CHS. 1, 2, 3, 4 and 5 ]
Adopted Modifications of Rules 120, 160, 166, 220, 232, 330, 362, 408, 409 and 515
[38 Pa.B. 6598]
[Saturday, December 6, 2008]The Juvenile Court Procedural Rules Committee is planning to recommend to the Supreme Court of Pennsylvania that the modification of Rules 120, 160, 166, 220, 232, 330, 362, 408, 409 and 515 be adopted and prescribed. The proposed modifications define the official court record and require notations for fingerprinting and photographing of the juvenile. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.
The following explanatory Report highlights the intent of the rules. Please note that the Committee's Reports 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 explanatory Reports.
We request that interested persons submit suggestions, comments or objections concerning this proposal to the Committee through counsel,
A. Christine Riscili, Esq.
Staff Counsel
Supreme Court of Pennsylvania
Juvenile Court Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, PA 17055no later than Monday, January 12, 2009.
By the Juvenile Court
Procedural Rules Committee:FRANCIS BARRY MCCARTHY,
Chair
Annex A
TITLE 237. JUVENILE RULES
PART I. RULES
Subpart A. DELINQUENCY MATTERS
CHAPTER 1. GENERAL PROVISIONS
PART A. BUSINESS OF COURTS Rule 120. Definitions.
* * * * * CLERK OF COURTS is that official in each judicial district who has the responsibility and function under state law and local practice to maintain the official [juvenile court file] court record and docket, without regard to that person's official title.
* * * * * MINOR is any person, other than a juvenile, under the age of eighteen.
OFFICIAL COURT RECORD is the juvenile court file maintained by the clerk of courts which contains all filed original records, papers, orders, court notices, docket entries, other legal documents, and other court designated documents in each juvenile case.
ORDINANCE is a legislative enactment of a political subdivision.
* * * * *
Comment ''Clerk of courts'' is the person given the power under state and local law to maintain the official court record. See Rule 166 for additional responsibilities of the clerk of courts.
Under the term ''court,'' to determine if masters are permitted to hear cases, see Rule 187. See Rule 210 for the power of magisterial district judges to issue arrest warrants.
The ''official court record'' is to contain all filed legal documents, original records, papers, orders, court notices, and docket entries in each case. The court may also designate any document to be a part of the record. It does not include items contained in juvenile probation's reports and files unless they are made a part of the official record by being filed with the clerk of courts.
* * * * * Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 120 published with the Court's Order at 38 Pa.B. [1145] 1142 (March 8, 2008).
PART C. RECORDS
PART C(1). ACCESS TO JUVENILE RECORDS Rule 160. Inspection of Juvenile File/Records.
A. General Rule. [All files and records of the court in a proceeding, including the juvenile court file as provided in Rule 166, are] The official court record is only open to inspection [only] by:
* * * * *
Comment See the Juvenile Act, 42 Pa.C.S. § 6307, for the statutory provisions on inspection of the juvenile's file and 42 Pa.C.S. § 6352.1 for disclosure of treatment records.
See Rule 120 for definition of the ''official court record.''
This rule is meant to include the contents of the juvenile court file as described in Rule 166 [and the contents of the juvenile probation records or reports]. [Juvenile probation records or reports, include, but are not limited to, social summaries, psychological and psychiatric evaluations, personal histories, school records and reports, mental health histories and reports, drug and alcohol evaluations, and placement facility records and reports.]
* * * * *
PART C(2). MAINTAINING RECORDS Rule 166. Maintaining Records in the Clerk of Courts.
A. Generally. The juvenile court file is the official court record and shall contain all filed original records, papers, [and] orders, [filed, copies of all] court notices, [and] docket entries, and other court designated documents. These records shall be maintained by the clerk of courts and shall not be taken from the custody of the clerk of courts without order of the court.
* * * * *
CHAPTER 2. COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION
PART B. ARREST PROCEDURES IN DELINQUENCY CASES
(b) Arrests Without Warrant Rule 220. Procedure in Cases Commenced by Arrest Without Warrant.
* * * * *
Comment The juvenile probation officer can accept juveniles for the court as described in paragraph (A)(2)(b).
The release of the juvenile does not eliminate the requirement of submission of a written allegation. For the general procedures governing written allegations, see Chapter Two, Part (C).
See 42 Pa.C.S. § 6326.
See 42 Pa.C.S. § 6308 for the taking of fingerprints and photographs by law enforcement officers. The arresting officer is to ensure that the fingerprints and photographs are forwarded to the central repository as required by the Pennsylvania State Police. 42 Pa.C.S. § 6309(c).
* * * * *
PART C. WRITTEN ALLEGATION PROCEDURES Rule 232. Contents of Written Allegation.
Every written allegation shall contain:
* * * * * 9) a notation on whether the juvenile has or has not been fingerprinted and photographed;
10) a notation if criminal laboratory services are requested in the case;
[10] (11) a verification by the person making the allegation that the facts set forth in the written allegation are true and correct to the person's personal knowledge, information, or belief, and that any false statement made is subject to the penalties of the Crimes Code, 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities; and
[11] (12) the signature of the person making the allegation and the date of execution of the written allegation.
Comment This rule sets forth the required contents of all written allegations whether the person making the allegation is a law enforcement officer, a police officer, or a private citizen. See http://www.courts.state.pa.us for a copy of the written allegation form that is to be submitted.
See 42 Pa.C.S. § 6308 for the taking of fingerprints and photographs pursuant to paragraph (9).
* * * * *
CHAPTER 3. PRE-ADJUDICATORY PROCEDURES
PART C. PETITION Rule 330. Petition: Filing, Contents, Function.
* * * * * C. Petition contents. Every petition shall set forth plainly:
9) a notation on whether the juvenile has or has not been fingerprinted and photographed;
10) a notation if criminal laboratory services are requested in the case;
[10] (11) a verification by the petitioner that the facts set forth in the petition are true and correct to the petitioner's personal knowledge, information, or belief, and that any false statements are subject to the penalties of the Crimes Code, 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities;
[11] (12) the signature of the petitioner and the date of the execution of the petition;
[12] (13) the whereabouts of the juvenile and if taken into custody, the date and time thereof;
[13] (14) the name and address of the juvenile's guardian, or if unknown, the name and address of the nearest adult relative; and
[14] (15) an averment as to whether the case is eligible pursuant to 42 Pa.C.S. § 6307 (b)(1)(ii) for limited public information.
Comment Petitions should be filed without unreasonable delay. See Commonwealth v. Dallenbach, 729 A.2d 1218 (Pa. Super. Ct. 1999).
See 42 Pa.C.S. § 6308 for the taking of fingerprints and photographs pursuant to paragraph (C)(9).
The contents of a petition are the same as a written allegation except for the additional requirements in paragraphs (C)(12), (13), and (14).
* * * * * Committee Explanatory Reports:
Final Report explaining the provisions of Rule 330 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Final Report explaining the amendments to Rule 330 published with the Court's Order at 37 Pa.B. [4868] 4866 (September 8, 2007).
PART D(2). ADJUDICATORY SUMMONS AND NOTICE PROCEDURES Rule 362. Requirements of the Summons.
* * * * * 4) give a warning stating that the failure to appear for the hearing may result in arrest[.]; [and]
5) include a copy of the juvenile petition; and
6) include an order directing the juvenile to submit to fingerprinting and photographing by a law enforcement agency in all cases in which the juvenile has not previously been fingerprinted or photographed.
Comment Section 6335(a) of the Juvenile Act requires a copy of the petition to accompany the summons. 42 Pa.C.S. § 6335(a).
See 42 Pa.C.S. § 6308 for the taking of fingerprints and photographs.
* * * * *
CHAPTER 4. ADJUDICATORY HEARING Rule 408. Ruling on Offenses.
* * * * * B. If the court finds the juvenile did not commit all of the alleged delinquent acts, the court shall dismiss the allegations and release the juvenile, if detained, unless there are other grounds for the juvenile's detention. The court shall also order the destruction of any fingerprints or photographs which have been taken and shall expunge the records pursuant to Rule 172.
C. If the court finds that the juvenile committed any delinquent act, the court shall proceed as provided in Rule 409.
Comment * * * * * Under paragraph (B), if all the allegations are dismissed, the court is to order the destruction of fingerprints and photographs. See 42 Pa.C.S. § 6341(a). The court also is to expunge the records pursuant to 18 Pa.C.S. § 9123(a)(1) and Rule 172. In its order, the court is to specify the case reference number or other identifying number so the order only applies to the specified case. See Comment to Rule 170 for further definition of a reference number.
* * * * * Rule 409. Adjudication of Delinquency.
A. Adjudicating the 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) 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 and the juvenile shall be released, if detained, unless there are other reasons for the juvenile's detention; and
b) any fingerprints and photographs taken shall be destroyed.
2) If the court determines that the juvenile is in need of treatment, supervision, or rehabilitation, the court shall enter an order adjudicating the juvenile delinquent and proceed in determining a proper disposition under Rule 512. The court also shall order a law enforcement agency to take, or cause to be taken, the fingerprints and photographs of the juvenile if not previously taken pursuant to this case, and to ensure that these records are forwarded to the Central Repository maintained by the Pennsylvania State Police.
* * * * *
Comment * * * * * This rule addresses adjudicating the juvenile delinquent or releasing the juvenile from the court's jurisdiction. This determination is different from finding the juvenile committed a delinquent act under Rule 408.
Pursuant to 42 Pa.C.S. § 6308(c)(3), all fingerprints and photographic records are to be destroyed upon order of the court if the juvenile is not adjudicated delinquent.
A report on the disposition is to be sent to the Juvenile Court Judges' Commission. See 42 Pa.C.S. § 6309(d).
For dispositional hearing procedures, see Chapter Five.
* * * * *
CHAPTER 5. DISPOSITIONAL HEARING
PART B. DISPOSITIONAL HEARING AND AIDS Rule 515. Dispositional Order.
A. Generally. When the court enters a disposition for a juvenile who is adjudicated delinquent pursuant to Rule 409, the court shall issue a written order, which provides 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:
* * * * * 4) a directive that the juvenile shall submit to fingerprinting and photographing in all cases in which the juvenile has not previously been fingerprinted or photographed;
5) the date of the order; and
[5] (6) the signature and printed name of the judge entering the order.
* * * * * D. Disposition reporting. The court shall forward the case disposition to the Juvenile Court Judges' Commission.
Comment * * * * * See 23 Pa.C.S. § 5503 and 42 Pa.C.S. §§§ 6308, 6309 and 6310.
* * * * * 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. [4868] 4866 (September 8, 2007).
EXPLANATORY REPORT Rule 120--Definitions.
The Committee is proposing a new definition for ''official court record.'' This will alleviate any confusion between the official court record and those records kept by the juvenile probation office. This definition also provides clarification that the clerk of courts is the keeper of the record. These clarifications are important so when an appeal is taken, the official court record is clearly defined.
The ''official juvenile court file'' in the definition of ''clerk of courts'' was relabeled ''official court record'' to correspond with its new definition.
Rule 160--Inspection of Juvenile File/Records.
In paragraph (A), the ''official court record'' replaced ''all files and records of the court in a proceeding, including the juvenile court file as provided in Rule 166'' to correspond with the new definition.
The Comment was also modified to reflect that the official court record does not include the confidential files and records maintained by the juvenile probation office.
Rule 166--Maintaining Records in the Clerk of Courts.
This rule was modified to reflect the new definition of ''official court record.''
Rule 220--Procedures in Cases Commenced by Arrest without Warrant.
The Comment has been modified to include the Juvenile Act references for the taking of fingerprints and photographs and forwarding them to the Central Repository.
Rule 232--Contents of Written Allegation and Rule 330--Petition: Filing, Contents, Function.
The written allegation and the petition were modified to include a reference as to whether fingerprints or photographs have been taken. This requirement will alert the juvenile probation officer or the court if they have been taken.
Rule 362--Requirements of the Summons and Rule 409--Adjudication of Delinquency.
If fingerprints or photographs have not been taken, the court must order them to be taken as required by the Juvenile Act. See 42 Pa.C.S. § 6308.
Rule 408--Ruling on Offenses, Rule 409--Adjudication of Delinquency and Rule 515--Dispositional Order.
If the courts find that the juvenile did not commit ALL of the alleged delinquent acts pursuant to Rule 408(B) or the juvenile is not in need of treatment, supervision, or rehabilitation pursuant to Rule 409(A), the court must order the destruction of the fingerprints and photographs pursuant to 42 Pa.C.S. § 6341(a) and the records pursuant to 18 Pa.C.S. § 9123(a)(1) and Rule 172.
If the court does find that the juvenile committed at least one of the offenses petitioned, there is no destruction of the fingerprints, photographs, or records.
If the court finds the juvenile is in need of treatment, supervision, or rehabilitation and fingerprints and photographs have not been taken, the court must order that they are taken and forwarded to the Central Repository pursuant to the statutory requirements.
[Pa.B. Doc. No. 08-2192. Filed for public inspection December 5, 2008, 9:00 a.m.]
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