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PA Bulletin, Doc. No. 13-495

THE COURTS

Title 237—JUVENILE RULES

PART I. RULES

[ 237 PA. CODE CH. 6 ]

Order Amending Rule 612 of the Rules of Juvenile Court Procedure; No. 591 Supreme Court Rules Doc.

[43 Pa.B. 1551]
[Saturday, March 23, 2013]

Order

Per Curiam

 And Now, this 5th day of March, 2013, upon the recommendation of the Juvenile Court Procedural Rules Committee, the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3); and an Explanatory Report to be published with this Order:

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the modifications to Rule 612 of the Rules of Juvenile Court Procedure are approved in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective immediately.

Annex A

TITLE 237. JUVENILE RULES

PART I. RULES

Subpart A. DELINQUENCY MATTERS

CHAPTER 6. POST-DISPOSITIONAL PROCEDURES

PART B. MODIFICATIONS AND REVIEWS

Rule 612. Modification or Revocation of Probation.

*  *  *  *  *

 C. Modification. If the court modifies the dispositional order, the court shall state the grounds for the modification and shall issue a new dispositional order in accordance with Rule 515.

 D. Advanced Communication Technology. A court may utilize advanced communication technology pursuant to Rule 129 for a juvenile or a witness unless good cause is shown otherwise.

Comment

*  *  *  *  *

 For dispositional orders, see Rule 515.

 For the use of advanced communication technology, see Rule 129.

 Official Note: Rule 612 adopted April 1, 2005, effective October 1, 2005. Amended March 5, 2013, effective immediately.

Committee Explanatory Reports:

 Final Report explaining the amendments to Rule 612 published with the Court's Order at 43 Pa.B. 1551 (March 23, 2013).

Explanatory Report

March 2013

 The Supreme Court of Pennsylvania has adopted the proposed changes to Rule 612. The changes are effective immediately.

 A question arose in a judicial district on whether advanced communication technology could be used at a violation of probation hearing because Rule 612 does not address the issue.

 A violation of probation hearing is a type of dispositional review hearing. Rule 610 provides for advanced communication technology at dispositional review hearings.

 To clarify specific use of advanced communication technology at violation of probation hearings or dispositional modification hearings, a new paragraph is being added to alleviate any confusion. It has always been the intent of the Rules to allow advanced communication technology at these hearings.

[Pa.B. Doc. No. 13-495. Filed for public inspection March 22, 2013, 9:00 a.m.]


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