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COMMONWEALTH OF PENNSYLVANIA

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55 Pa. Code § 3130.12a. County children and youth agency responsibility for juveniles in police custody—statement of policy

§ 3130.12a. County children and youth agency responsibility for juveniles in police custody—statement of policy

 (a)  The county children and youth system assists law enforcement officials who must discharge from custody a juvenile who has not committed a detainable offense or who is a nondelinquent offender. The assistance is provided or arranged in a manner which will promptly respond to requests to accept the juveniles ready for release. The response may be delayed only if one of the following exists:

   (1)  Staff are responding to a report of suspected child abuse.

   (2)  Staff are responding to a case emergency other than child abuse.

   (3)  The law enforcement official has not implemented the guideline set forth in §  3130.12b (relating to police guidelines for sheltering of dependent/delinquent juveniles in a nonsecure facility—statement of policy).

 (b)  A response may be refused if the presenting information clearly indicates the juvenile poses a threat to the safety of county children and youth staff, its agents or its providers.

 (c)  The policy is considered a minimum course of action. Counties which have a policy in effect as of March 19, 1994, which meets or exceeds the minimum course of action may retain the existing policy upon receipt of concurrence from the county court. Concurrences which were obtained after the July 12, 1991, initial issuance of this policy need not be renewed for purposes of this subsection.

 (d)  The policy in this section is based on §  3130.12(c) (relating to responsibilities for children and youth services).

Source

   The provisions of this §  3130.12a adopted March 18, 1994, effective March 19, 1994, 24 Pa.B. 1502.



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