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237 Pa. Code Rule 330. Petition: Filing, Contents, Function.

PART C. PETITION


Rule 330. Petition: Filing, Contents, Function.

 A. Certification. The District Attorney of any county may require that an attorney for the Commonwealth shall file all petitions. If the District Attorney elects to require an attorney for the Commonwealth to file the petition, the District Attorney shall file a certification with the court of common pleas. The certification shall:

   1)  state that an attorney for the Commonwealth shall file petitions; and

   2)  specify any limitations on the filing or classes of petitions.

 B. Filings. In every delinquency proceeding, the attorney for the Commonwealth or the juvenile probation officer shall file a petition with the clerk of courts if it has been determined that informal adjustment or another diversionary program is inappropriate.

 C. Petition Contents. Every petition shall set forth plainly:

   1)  the name of the petitioner;

   2)  the name, date of birth, and address, if known, of the juvenile, or if unknown, a description of the juvenile;

   3)  a statement that:

     a)   it is in the best interest of the juvenile and the public that the proceedings be brought; and

     b)   the juvenile is in need of treatment, supervision, or rehabilitation;

   4)  the date when the offense is alleged to have been committed; provided, however:

     a)   if the specific date is unknown, or if the offense is a continuing one, it shall be sufficient to state that it was committed on or about any date within the period of limitations; and

     b)   if the date or day of the week is an essential element of the offense alleged, such date or day shall be specifically set forth;

   5)  the place where the offense is alleged to have been committed;

   6) a) i)  a summary of the facts sufficient to advise the juvenile of the nature of the offense alleged; and

       ii)   the official or customary citation of the statute and section, or other provision of law which the juvenile is alleged to have violated, but an error in such citation shall not affect the validity or sufficiency of the written allegation; or

     b)   a certification that the juvenile has not complied with the sentence imposed for a conviction of a summary offense.

   7)  the name and age of any conspirators, if known;

   8)  a statement that the acts were against the peace and dignity of the Commonwealth of Pennsylvania or in violation of an ordinance of a political subdivision;

   9)  a notation indicating whether the juvenile has or has not been fingerprinted and photographed;

   10)  a notation if criminal laboratory services are requested in the case;

   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;

   12)  the signature of the petitioner and the date of the execution of the petition;

   13)  the whereabouts of the juvenile and if taken into custody, the date and time thereof;

   14)  the name and address of the juvenile’s guardian, or if unknown, the name and address of the nearest adult relative; and

   15)  an averment as to whether the case is eligible pursuant to 42 Pa.C.S. §  6307(b)(1.1)(ii) for limited public information.

Comment

   Under paragraph (A), the District Attorney may file a certification with the court of common pleas stating that only an attorney for the Commonwealth may file a petition. If a certification has not been filed, then an attorney for the Commonwealth or a juvenile probation officer may file a petition.

   A private citizen has the right to file a written allegation, not a petition. See Rule 800. The written allegation commences the proceedings in the juvenile system. See Rule 200. The case should progress in the same manner as any other case in the juvenile system. If the written allegation is disapproved, the private citizen may file a motion challenging the disapproval with the court of common pleas. See Comment to Rule 233.

   Informal adjustment or other diversionary programs should be considered before a petition is filed. Once a petition is filed, informal adjustment is not permitted. See Comment to Rule 312 and Commonwealth v. J.H.B., 760 A.2d 27 (Pa. Super. Ct. 2000).

   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)(6)(b), (13), and (15).

   Pursuant to paragraph (15), the petitioner is to designate whether the allegations in the juvenile’s petition make the case eligible for limited public information. See 42 Pa.C.S. §  6307(b)(2). When the case is designated, the clerk of courts is to mark the file clearly. For information that is available to the public in those eligible cases, see Rule 160.

   Official Note

   Rule 330 adopted April 1, 2005, effective October 1, 2005. Amended August 20, 2007, effective December 1, 2007. Amended January 23, 2009, effective March 1, 2009. Amended December 24, 2009, effective immediately. Amended February 13, 2019, effective June 28, 2019.

   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. 4866 (September 8, 2007).

   Final Report explaining the amendments to Rule 330 published with the Court’s Order at 39 Pa.B. 676 (February 7, 2009).

   Final Report explaining the amendments to Rule 330 published with the Court’s Order at 40 Pa.B. 222 (January 9, 2010).

   Final Report explaining the amendments to Rule 330 published with the Court’s Order at 49 Pa.B. 916 (March 2, 2019).

Source

   The provisions of this Rule 330 amended August 21, 2007, effective December 1, 2007, 37 Pa.B. 4866; amended January 23, 2009, effective March 1, 2009, 39 Pa.B. 676; amended December 24, 2009, effective immediately, 40 Pa.B. 222; amended February 13, 2019, effective June 28, 2019, 49 Pa.B. 916. Immediately preceding text appears at serial pages (357773) to (357776).


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