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PA Bulletin, Doc. No. 14-2539

THE COURTS

Title 237—JUVENILE RULES

PART I. RULES

[ 237 PA. CODE CH. 3 ]

Order Amending Rule 394 of the Rules of Juvenile Court Procedure; No. 652 Supreme Court Rules Doc.

[44 Pa.B. 7641]
[Saturday, December 13, 2014]

Order

Per Curiam

 And Now, this 21st day of November, 2014, 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):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the modifications to Rule 394 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 3. PRE-ADJUDICATORY PROCEDURES

PART G. TRANSFER FOR CRIMINAL PROSECUTION

Rule 394. Transfer Hearing.

*  *  *  *  *

D. Findings.

 1) Transfer. At the hearing, the court shall transfer the case to the division or a judge assigned to conduct criminal proceedings if the court finds:

 a) the juvenile is fourteen years old or older at the time of the alleged delinquent act;

 b) notice has been given pursuant to Rule 390;

 c) the Commonwealth has met its burden of proof pursuant to paragraph [(B)] (C); and

 d) there are reasonable grounds to believe that the juvenile is not committable to an institution for the mentally retarded or mentally ill.

 2) No Transfer. If the required findings of paragraph [(C)(1)] (D)(1) have not been met, the court shall schedule an adjudicatory hearing pursuant to Rule 404.

*  *  *  *  *

 Official Note: Rule 394 adopted April 1, 2005, effective October 1, 2005. Amended April 21, 2011, effective July 1, 2011. Amended July 18, 2012, effective October 1, 2012. Amended November 21, 2014, effective immediately.

*  *  *  *  *

[Pa.B. Doc. No. 14-2539. Filed for public inspection December 12, 2014, 9:00 a.m.]


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