THE COURTS
Title 237—JUVENILE RULES
PART I. RULES
[ 237 PA. CODE CHS. 1, 2 AND 6 ]
Order Amending Rules 120, 220, 221, 231, 240, 610 and 612 of the Rules of Juvenile Court Procedure; No. 605 Supreme Court Rules Doc.
[43 Pa.B. 3938]
[Saturday, July 13, 2013]
Order Per Curiam
And Now, this 28th day of June, 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 Rules 120, 220, 221, 231, 240, 610 and 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 1. GENERAL PROVISIONS
PART A. BUSINESS OF COURTS Rule 120. Definitions.
* * * * * DETENTION FACILITY is any facility, privately or publicly owned and operated, designated by the court and approved by the Department of Public Welfare to detain a juvenile temporarily. The term detention facility, when used in these rules, shall include shelter-care. Detention facility shall not include any county jail or state prison.
* * * * * JUVENILE is a person who has attained ten years of age and is not yet twenty-one years of age who is alleged to have, upon or after the juvenile's tenth birthday, committed a delinquent act before reaching eighteen years of age or who is alleged to have violated the terms of juvenile probation prior to termination of juvenile court supervision.
* * * * * PLACEMENT FACILITY is any facility, privately or publicly owned and operated, that identifies itself either by charter, articles of incorporation, or program description, to receive delinquent juveniles or which otherwise provides treatment to juveniles as a case disposition. Placement facilities include, but are not limited to, residential facilities, group homes, after-school programs, and day programs, whether secure or non-secure. Placement facility shall not include any county jail or state prison.
* * * * *
Comment * * * * * 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.
''Detention facility'' is not to include any county jail, state prison, penal institution, or other facility used primarily to detain adults who have not been released on bail and who are alleged to have committed a criminal offense. However, nothing in this rule precludes the use of a county jail or state prison for minors when criminal proceedings have been commenced. For example, a minor may be detained in a county jail for a direct-file case when it is alleged a criminal offense has been committed.
The term ''disposition'' includes all final determinations made by the court. A disposition includes a response to an adjudication of delinquency, such as sending the juvenile to a placement facility or placing the juvenile on probation. It also includes other types of final determinations made by the court. Other final determinations include a finding that the juvenile did not commit a delinquent act pursuant to Rule 408(B), a finding that the juvenile is not in need of treatment, rehabilitation, or supervision pursuant to Rule 409(A)(1), dismissing the case ''with prejudice'' prior to an adjudicatory hearing, or any other final action by the court that closes or terminates the case.
* * * * * A ''juvenile'' must be at least ten years old and must not have reached the age of eighteen at the time of the commission of a delinquent act for a delinquency petition to be filed. If a child is under the age of ten at the time of the commission of a delinquent act, a dependency petition may be filed pursuant to Pa.R.J.C.P. [100] 1100 et seq., and the Juvenile Act, 42 Pa.C.S. § 6301 et seq. ''Juvenile'' not only includes any person who is at least ten years of age and under twenty-one years of age if the commission of the alleged delinquent act occurred prior to the juvenile's eighteenth birthday, but also includes any person who is under the juvenile court's jurisdiction until termination of court supervision pursuant to Rules 631 and 632, which is to end no later than the juvenile's twenty-first birthday.
* * * * * A ''petition'' and a ''written allegation'' are two separate documents and serve two distinct functions. A ''written allegation'' is the document that initiates juvenile delinquency proceedings. Usually, the ''written allegation'' will be filed by a law enforcement officer and will allege that the juvenile has committed a delinquent act that comes within the jurisdiction of the juvenile court. This document may have been formerly known as a ''probable cause affidavit,'' ''complaint,'' ''police paper,'' ''charge form,'' ''allegation of delinquency,'' or the like. Once this document is submitted, a preliminary determination of the juvenile court's jurisdiction is to be made. Informal adjustment and other diversionary programs may be pursued. If the attorney for the Commonwealth or the juvenile probation officer determines that formal juvenile court action is necessary, a petition is then filed.
''Placement facility'' is not to include any county jail, state prison, penal institution, or other facility used primarily for the execution of sentences of adults convicted of a crime. See 42 Pa.C.S. § 6352(b) for disposition of a delinquent juvenile. However, nothing in this rule precludes an adult from being sentenced to a county jail in a contempt proceeding. For example, if a juvenile failed to appear for a juvenile court hearing when summoned and is now eighteen years of age or older, the court may proceed with a contempt hearing and order detention in a county jail.
A ''pre-dispositional report'' or ''social study'' includes, but is not limited to, the compilation of the juvenile's family history and demographics; school record and educational issues; job history; talents and extra-curricular activities; prior delinquency or dependency involvement with the court; health care issues; psychological or psychiatric history, examinations, and reports; drug and alcohol examinations, treatments, and reports; needs regarding disability; and any other relevant information concerning the juvenile to help the court understand any issues relating to the juvenile.
* * * * * Official Note: Rule 120 adopted April 1, 2005, effective October 1, 2005. Amended December 30, 2005, effective immediately. Amended March 23, 2007, effective August 1, 2007. Amended February 26, 2008, effective June 1, 2008. Amended July 28, 2009, effective immediately. Amended December 24, 2009, effective immediately. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended May 20, 2011, effective July 1, 2011. Amended September 7, 2011, effective immediately. Amended September 20, 2011, effective November 1, 2011. Amended May 21, 2012, effective August 1, 2012. Amended June 28, 2013, effective immediately.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 120 published with the Court's Order at 43 Pa.B. 3938 (July 13, 2013).
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 * * * * * 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).
If a juvenile is detained, the juvenile is to be placed in a detention facility, which does not include a county jail or state prison. See Rule 120 and its Comment for definition of ''detention facility.''
Official Note: Rule 220 adopted April 1, 2005, effective October 1, 2005. Amended December 24, 2009, effective immediately. Amended June 28, 2013, effective immediately.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 220 published with the Court's Order at 43 Pa.B. 3938 (July 13, 2013).
Rule 221. Temporary Detention in Police Lock-Up.
* * * * *
Comment This rule reflects certain provisions of § 6326 of the Juvenile Act. 42 Pa.C.S. § 6326.
The terms ''police lock-up'' and ''adult lock-up'' as used in this rule do not include a county jail or state prison. If detained, a juvenile is not to be held in a county jail or state prison. The use of a temporary holding cell at the local or state police station or courthouse is permissible if the requirements of this rule have been met.
Official Note: Rule 221 adopted April 1, 2005, effective October 1, 2005. Amended June 28, 2013, effective immediately.
Committee Explanatory Reports:
Final Report explaining the amendments to Rule 221 published with the Court's Order at 43 Pa.B. 3938 (July 13, 2013).
PART C. WRITTEN ALLEGATION PROCEDURES Rule 231. Written Allegation.
* * * * *
Comment * * * * * Under paragraph (D), a juvenile should be released from custody unless there are other legally sufficient bases for detaining the juvenile, such as, violation of probation or other pending allegations.
If a juvenile is detained, the juvenile is to be placed in a detention facility, which does not include a county jail or state prison. See Rule 120 and its Comment for definition of ''detention facility.''
Official Note: Rule 231 adopted April 1, 2005, effective October 1, 2005. Amended June 28, 2013, effective immediately.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 231 published with the Court's Order at 43 Pa.B. 3938 (July 13, 2013).
PART D. PRE-ADJUDICATORY DETENTION Rule 240. Detention of Juvenile.
* * * * *
Comment * * * * * For statutory provisions on detention, see 42 Pa.C.S. §§ 6325, 6331, 6335. For the Juvenile Court Judges Commission's Detention Standards, see 37 Pa. Code § 200.101 et seq. (2003).
If a juvenile is detained, the juvenile is to be placed in a detention facility, which does not include a county jail or state prison. See Rule 120 and its Comment for definition of ''detention facility.''
Official Note: Rule 240 adopted April 1, 2005, effective October 1, 2005. Amended June 28, 2013, effective immediately.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 240 published with the Court's Order at 43 Pa.B. 3938 (July 13, 2013).
CHAPTER 6. POST-DISPOSITIONAL PROCEDURES
PART B. MODIFICATIONS AND REVIEWS Rule 610. Dispositional and Commitment Review.
* * * * *
Comment * * * * * Some placement facilities are hours away from the dispositional court. Paragraph (C) allows a hearing to be conducted via teleconferencing, two-way simultaneous audio-visual communication, or similar method. The juvenile is to be afforded all the same rights and privileges as if the hearing was held with all present in the courtroom.
If a juvenile is detained or placed, the juvenile is to be placed in a detention facility or placement facility, which does not include a county jail or state prison. See Rule 120 and its Comment for definitions of ''detention facility'' and ''placement facility.''
Official Note: Rule 610 adopted April 1, 2005, effective October 1, 2005. Amended December 30, 2005, effective immediately. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended May 26, 2011, effective July 1, 2011. Amended June 28, 2013, effective immediately.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 610 published with the Court's Order at 43 Pa.B. 3938 (July 13, 2013).
Rule 612. Modification or Revocation of Probation.
* * * * *
Comment A juvenile should be afforded due process before probation can be revoked. Cf. Gagnon v. Scarpelli, 411 U. S. 778 (1973); Morrissey v. Brewer, 408 U. S. 471 (1972). A juvenile's probation cannot be revoked simply on the grounds of hearsay evidence. In re Davis, 586 A.2d 914 (Pa. 1991).
If a juvenile is over the age of eighteen, under the age of twenty-one, and is alleged to have violated the terms of probation, the juvenile, if detained, is to be placed in a detention facility. See Rule 120 and its Comment for definitions of ''detention facility,'' which does not include a county jail or state prison, and ''juvenile,'' which includes a person who has attained ten years of age and is not yet twenty-one years of age who is alleged to have committed a delinquent act before reaching eighteen years of age or who is alleged to have violated the terms of juvenile probation prior to termination of juvenile court supervision.
For detention procedures, see Rules 240 through 243.
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. Amended June 28, 2013, effective immediately.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 612 published with the Court's Order at 43 Pa.B. 3938 (July 13, 2013).
Explanatory Report
June 2013The Supreme Court of Pennsylvania has adopted modifications to Rules 120, 220, 221, 231, 240, 610, and 612. The changes are effective immediately.
Background
Concerns were brought to the Committee's attention on the use of county jails as temporary detention facilities for juveniles or as a sanction for violation of juvenile probation after the juvenile's eighteenth birthday.
The Committee is clarifying with these rule modifications that a juvenile may never be detained in a county jail or other penal institution when jurisdiction is vested in the Juvenile Court through the Juvenile Act, 42 Pa.C.S. § 6301 et seq., regardless of whether the juvenile has turned eighteen years of age.
The Rules of Juvenile Court Procedure and the Juvenile Act do not permit juveniles, under the juvenile court's jurisdiction, to be held in a county jail, even if segregated from adults, as a temporary holding facility, detention facility, or placement facility.
Rule discussion
Modifications to Rule 120 stress that ''detention facility'' and ''placement facility'' do not include county jails or state prisons. It also clarifies the definition of ''juvenile'' by including, not only juveniles who have committed a delinquent act, but also those juveniles who continue on juvenile probation, even after their eighteenth birthday until juvenile court supervision is terminated. The Juvenile Act grants the juvenile court jurisdiction until the juvenile turns twenty-one years of age. See 42 Pa.C.S. § 6301 et seq.
The Comments to Rules 220, 231, 240, 610, and 612 have been modified to clarify that when detained, a juvenile may only be held in a detention facility or placement facility. The Comment to Rule 221 has been modified to clarify that ''police lock-up'' and ''adult lock-up'' do not include the county jail or state prison.
The Comment to Rule 612 was also modified to explain that the juvenile court has jurisdiction over the juvenile until the juvenile turns twenty-one years of age. The juvenile may not be detained in a county jail or state prison for a juvenile probation violation even if the juvenile is eighteen years of age. If detained, the juvenile must be placed in a detention or placement facility.
[Pa.B. Doc. No. 13-1241. Filed for public inspection July 12, 2013, 9:00 a.m.]
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