237 Pa. Code Rule 187. Authority of Juvenile Court Hearing Officer.

Rule 187. Authority of Juvenile Court Hearing Officer.

A.  Cases to be heard by Juvenile Court Hearing Officer. A juvenile court hearing officer shall have the authority to preside over only the following:
   1)  detention hearings, detention review hearings, or shelter-care hearings;
   2)  discovery, pre-adjudicatory, or preliminary proceedings for misdemeanors;
   3)  any hearing in which the petition alleges only misdemeanors; and
   4)  uncontested dispositional review hearings and uncontested probation revocation hearings.
B.  No authority. A juvenile court hearing officer shall not have the authority to:
   1)  conduct transfer hearings pursuant to Rule 394;
   2)  issue warrants; and
   3)  hear requests for writs of habeas corpus.
C.  Right to hearing before judge. Prior to the commencement of any proceeding, the juvenile court hearing officer shall inform the juvenile, the juvenile’s guardian(s), if present, the juvenile’s attorney, and the attorney for the Commonwealth that the juvenile and the Commonwealth have a right to have the matter heard by a judge. If the juvenile or the Commonwealth objects to having the matter heard by the juvenile court hearing officer, the case shall proceed before the judge.

Comment

   A juvenile court hearing officer’s authority is limited under paragraph (A) to specifically those types of cases provided. To implement this rule, Rule 800 suspends 42 Pa.C.S. §  6305(b) only to the extent that juvenile court hearing officers may not hear all classes of cases.
   Under paragraph (B)(2), nothing is intended to limit the juvenile court hearing officer’s ability, in a proper case before the juvenile court hearing officer, to recommend to the court that a warrant be issued. This includes arrest, bench, and search warrants.
   Concerning the provisions of paragraph (C), see 42 Pa.C.S. §  6305(b).
   See Rule 127 for recording of proceedings before a juvenile court hearing officer.

   Official Note
   Rule 187 adopted April 1, 2005, effective April 1, 2006. Amended April 6, 2017, effective September 1, 2017.
   Committee Explanatory Reports:
   Final Report explaining the provisions of Rule 187 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).
   Final Report explaining the amendments to Rule 187 published with the Court’s Order at 47 Pa.B. 2313 (April 22, 2017).

Source

   The provisions of this Rule 187 amended April 6, 2017, effective September 1, 2017, 47 Pa.B. 2313. Immediately preceding text appears at serial page (310569).

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