PART D. PRE-ADJUDICATORY DETENTION
Rule 240. Detention of Juvenile.
A. Detention Requirements. If a juvenile is brought before the court or delivered to a detention facility designated by the court, the juvenile probation officer immediately shall:
1) examine the written allegation;
2) make an investigation, which may include an intake conference with the juvenile, the juvenile’s attorney, guardian, or other interested and informed adult; and
3) release the juvenile, unless it appears that the juvenile’s detention is warranted.
B. Filing of Petition. The release of the juvenile shall not prevent the subsequent filing of a petition.
C. Prompt Hearing. If the juvenile is not released, a detention hearing shall be held no later than 72 hours after the juvenile is placed in detention. Neither the juvenile nor the juvenile’s attorney shall be permitted to waive the detention hearing.
D. Time Restrictions. Except as provided in this paragraph, if the adjudicatory hearing is not held, as required by Rule 404(A), or a transfer hearing is not held, as required by Rule 391(B), the juvenile shall be released.
1) Upon motion, a juvenile may be detained for an additional single period not to exceed 10 days when the court determines that:
a) evidence material to the case is unavailable;
b) due diligence to obtain such evidence has been exercised; and
c) there are reasonable grounds to believe that such evidence will be available at a later date.
2) Upon motion, a juvenile may be detained for additional periods, each of which shall not exceed 10 days, if the delay is caused by the juvenile. The court shall state on the record if failure to hold the hearing resulted from delay caused by the juvenile. Delay caused by the juvenile shall include, but not be limited to:
a) delay caused by the unavailability of the juvenile or the juvenile’s attorney;
b) delay caused by any continuance granted at the request of the juvenile; or
c) delay caused by the unavailability of a witness resulting from conduct by or on behalf of the juvenile.
3) Whenever extended detention is sought under this paragraph, the court shall consider whether detention remains warranted.
Comment If a juvenile is detained, the guardian should be notified immediately. See Rules 220 (Procedure in Cases Commenced by Arrest Without Warrant) and 313(B) (Detention from Intake—Notice to Guardian) for notification of the guardian.
Nothing in paragraph (C) is intended to preclude the use of stipulations or agreements among the parties, subject to court review and acceptance at the detention hearing.
Under paragraph (D)(2), if the juvenile causes delay, the juvenile may continue to be held in detention. Additional periods of detention should not individually exceed ten days. The time restrictions of paragraph (D) apply to a juvenile who is placed in detention, even if previously released.
For motions for continuance, see Rule 122.
Under paragraph (D)(3), whenever extension of a juvenile’s detention may result, the court should consider whether continued detention is warranted and whether a less restrictive alternative to secured detention is available. Factors for determining whether continued detention is warranted include: protection of the juvenile; protection of others or their property; the risk the juvenile may abscond or be removed from the court’s jurisdiction; and whether the juvenile has a parent, guardian, or custodian able to provide supervision and care for the juvenile and return the juvenile to the court when required. See 42 Pa.C.S. § 6325.
For statutory provisions on detention, see 42 Pa.C.S. § § 6325, 6331, 6335. For the Juvenile Court Judges Commission’s Detention Standards, see 37 Pa. Code § § 200.101 et seq. (2007).
If a juvenile is detained, the juvenile is to be placed in a detention facility, which does not include a county jail or state prison. See Rule 120 and its Comment for definition of ‘‘detention facility.’’
Official Note
Rule 240 adopted April 1, 2005, effective October 1, 2005. Amended June 28, 2013, effective immediately. Amended May 16, 2017, effective July 1, 2017. Amended November 30, 2021, effective April 1, 2022.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 240 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).
Final Report explaining the amendments to Rule 240 published with the Court’s Order at 43 Pa.B. 3938 (July 13, 2013).
Final Report explaining the amendments to Rule 240 published with the Court’s Order at 47 Pa.B. 3078 (June 3, 2017).
Final Report explaining the amendments to Rule 240 published with the Courts’ Order at 51 Pa.B. 7629 (December 11, 2021).
Source The provisions of this Rule 240 amended June 28, 2013, effective immediately, 43 Pa.B. 3938; amended May 16, 2017, effective July 1, 2017, 47 Pa.B. 3078; amended November 30, 2021, effective April 1, 2022, 51 Pa.B. 7629. Immediately preceding text appears at serial pages (387259) to (387260).
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