237 Pa. Code Rule 610. Dispositional and Commitment Review.

Rule 610. Dispositional and Commitment Review.

A.  Dispositional Review Hearing. The court shall review its disposition and conduct dispositional review hearings for the purpose of ensuring that the juvenile is receiving necessary treatment and services and that the terms and conditions of the disposition are being met.
   1)  In all cases, the court shall conduct dispositional review hearings at least every six months.
   2)  In all cases, the juvenile shall appear in person at least once a year.
   3)  The court may schedule a review hearing at any time.
B.  Modification of Dispositional Order. Whenever there is a motion for a modification of the dispositional order, other than a motion to revoke probation as provided in Rule 612, notice and an opportunity to be heard shall be given to the parties and the victim. Any outstanding restitution amounts may not be reduced by modification of the dispositional order without specific notice to the victim prior to the hearing that a modification may be ordered.
   1)  The juvenile may be detained pending a court hearing.
   2)  A detention hearing shall be held within 72 hours of the juvenile’s detention, if detained.
   3)  The juvenile shall be given a statement of reasons for the discharge from a placement facility or motion for modification of the dispositional order.
   4)  A review hearing shall be held within 20 days of the discharge from the placement facility or motion for modification of the dispositional order.
C. 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.
D.  Post-Dispositional Rights. A colloquy and inquiry of post-dispositional rights shall be conducted when a juvenile is aggrieved by a modification of the dispositional order.

Comment

   At any hearing, if it is determined that the juvenile is in need of an educational decision maker, the court is to appoint an educational decision maker pursuant to Rule 147.
   Under paragraph (A), the court is to conduct dispositional review hearings as frequently as necessary to ensure that the juvenile is receiving necessary treatment and services and that the terms and conditions of the disposition are being met. See Rule 800.
   When conducting a dispositional review hearing, the court is to ensure that the disposition continues to provide balanced attention to the protection of the community, the imposition of accountability for offenses committed, and the development of competencies to enable the juvenile to become a responsible and productive member of the community. A change in the plan of rehabilitation may result in the adjustment of financial obligations imposed pursuant to Rule 515. An ‘‘adjustment’’ is not intended to invite the imposition of increased fines, fees, or costs after disposition.
   Nothing in this rule prohibits the juvenile from requesting an earlier review hearing. The juvenile may file a motion requesting a hearing when there is a need for change in treatment or services.
   Additionally, nothing in this rule is intended to prohibit the emergency transfer of a juvenile from a placement facility to a detention facility pending reconsideration of the dispositional order, and this rule is not intended to preclude a motion for modification of a dispositional order after the juvenile has been detained.
   Under paragraph (B), the attorney for the Commonwealth or its designee is to notify the victim of the date, time, place, and purpose of the review hearing. Prior to ordering the modification of the dispositional order, the court is to give the victim an opportunity to submit an oral and/or written victim-impact statement if the victim so chooses. See Victims Bill of Rights, 18 P.S. § §  11.201 et seq. Whenever a motion seeks a reduction of outstanding restitution, the victim should be given specific notice of the relief sought prior to the hearing. A court may not order a downward adjustment of outstanding restitution without first ensuring that notice was given to the victim of the possibility that such an adjustment was specifically being considered at the dispositional review hearing.
   Any persons may be subpoenaed to appear for the hearing. See Rule 123 and 42 Pa.C.S. §  6333. However, nothing in these rules requires the attendance of the victim unless subpoenaed. If the victim is not present, the victim is to be notified of the final outcome of the proceeding.
   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.’’
   For the colloquy and inquiry of post-dispositional rights, see Rule 512(C). If a change in disposition results in an out-of-home placement, then the court should also explain to the juvenile the availability of review of the out-of-home placement pursuant to Pa.R.A.P. 1612.

   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. Amended May 11, 2017, effective October 1, 2017. Amended October 22, 2021, effective April 1, 2022.
   Committee Explanatory Reports:
   Final Report explaining the provisions of Rule 610 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).
   Final Report explaining the revisions of Rule 610 published with the Court’s Order at 36 Pa.B. 186 (January 14, 2006).
   Final Report explaining the amendments to Rule 610 published with the Court’s Order at 41 Pa.B. 2319 (May 7, 2011).
   Final Report explaining the amendments to Rule 610 published with the Court’s Order at 41 Pa.B. 2413 (May 14, 2011).
   Final Report explaining the amendments to Rule 610 published with the Court’s Order at 41 Pa.B. 3180 (June 25, 2011).
   Final Report explaining the amendments to Rule 610 published with the Court’s Order at 43 Pa.B. 3938 (July 13, 2013).
   Final Report explaining the amendments to Rule 610 published with the Court’s Order at 47 Pa.B. 2969 (May 27, 2017).
   Final Report explaining the amendments to Rule 610 published with the Court’s Order at 51 Pa.B. 6905 (November 6, 2021).

Source

   The provisions of this Rule 610 amended December 30, 2005, effective immediately, 36 Pa.B. 186; amended April 21, 2011, effective July 1, 2011, 41 Pa.B. 2319; amended April 29, 2011, effective July 1, 2011, 41 Pa.B. 2413; amended May 26, 2011, effective July 1, 2011, 41 Pa.B. 3180; amended June 28, 2013, effective immediately, 43 Pa.B. 3938; amended May 11, 2017, effective October 1, 2017, 47 Pa.B. 2969; amended October 22, 2021, effective April 1, 2022, 51 Pa.B. 6905. Immediately preceding text appears at serial pages (387928) to (387930).

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