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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Extra - Chapter Notes

Enactment.
Chapter 63 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date
            of final enactment of the act of April 28, 1978, P.L.202, No.53.
Cross References.
Chapter 63 is referred to in sections 1123, 1515, 4402, 4416, 5986, 62A14, 6403, 6408,
            9799.27, 9799.28, 9799.56 of this title; sections 2702, 6305, 9121, 9158.5 of Title
            18 (Crimes and Offenses); sections 2740, 5324, 5503, 6114, 6303, 6315, 6341, 6368,
            6370, 6373, 6375, 6381 of Title 23 (Domestic Relations); section 5502 of Title 30
            (Fish); section 922 of Title 34 (Game); sections 7302, 7502, 7503 of Title 67 (Public
            Welfare); sections 1532, 3804 of Title 75 (Vehicles).
Cross References.
Subchapter E is referred to in section 6303 of this title.
Enactment.
Subchapter F was added December 4, 2007, P.L.427, No.64, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6301 - Short title and purposes of chapter

§ 6301. Short title and purposes of chapter.
(a) Short title.--
This chapter shall be known and may be cited as the "Juvenile Act."
(b) Purposes.--
This chapter shall be interpreted and construed as to effectuate the following purposes:
(1) To preserve the unity of the family whenever possible or to provide another alternative permanent family when the unity of the family cannot be maintained.
(1.1) To provide for the care, protection, safety and wholesome mental and physical development of children coming within the provisions of this chapter.
(2) Consistent with the protection of the public interest, to provide for children committing delinquent acts programs of supervision, care and rehabilitation which provide balanced attention to the protection of the community, the imposition of accountability for offenses committed and the development of competencies to enable children to become responsible and productive members of the community.
(3) To achieve the foregoing purposes in a family environment whenever possible, separating the child from parents only when necessary for his welfare, safety or health or in the interests of public safety, by doing all of the following:
(i) employing evidence-based practices whenever possible and, in the case of a delinquent child, by using the least restrictive intervention that is consistent with the protection of the community, the imposition of accountability for offenses committed and the rehabilitation, supervision and treatment needs of the child; and
(ii) imposing confinement only if necessary and for the minimum amount of time that is consistent with the purposes under paragraphs (1), (1.1) and (2).
(4) To provide means through which the provisions of this chapter are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced.
(Nov. 17, 1995, 1st Sp.Sess., P.L.1127, No.33, eff. 120 days; Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999; Oct. 25, 2012, P.L.1655, No.204, eff. 60 days)
2012 Amendment.
Act 204 amended subsec. (b).
Cross References.
Section 6301 is referred to in section 6352 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6304.1 - Summary offenses

§ 6304.1. Summary offenses.
(a) Review.--
(1) Upon notice being certified to the court that a child has failed to comply with a lawful sentence imposed for a summary offense, a probation officer shall review the complaints and charges of delinquency pursuant to section 6304 (relating to powers and duties of probation officers) for the purpose of considering the commencement of proceedings under this chapter.
(2) A proceeding commenced under the review in this subsection is a separate action from the underlying summary conviction. For the purposes of proceedings commenced under this section, failure to comply with a lawful sentence imposed for a summary offense is an alleged delinquent act.
(3) Any reference to the underlying summary conviction is solely for the purpose of the certification from the magisterial district judge to the court of common pleas that the juvenile was convicted of the summary offense and failed to comply under section 4132(2) (relating to attachment and summary punishment for contempts).
(b) Administration of money.--
Any money subsequently paid by the child pursuant to the disposition of the charges shall be administered and disbursed in accordance with written guidelines adopted by the president judge of the court of common pleas. The court may direct that any portion of the money received from the child shall be deposited into a restitution fund established by the president judge of the court of common pleas pursuant to section 6352(a)(5) (relating to disposition of delinquent child).
(Nov. 30, 2004, P.L.1703, No.217, eff. imd.; June 28, 2018, P.L.361, No.49, eff. 60 days)
2018 Amendment.
Act 49 amended subsec. (a).
2004 Amendment.
Act 217 added section 6304.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6305 - Masters

§ 6305. Masters.
(a) General rule.--
The governing authority may promulgate rules for the selection and appointment of masters on a full-time or part-time basis. A master shall be a member of the bar of this Commonwealth. The number and compensation of masters shall be fixed by the governing authority, and their compensation shall be paid by the county.
(b) Hearings before masters.--
The court of common pleas may direct that hearings in any case or class of cases be conducted in the first instance by the master in the manner provided in this chapter. Before commencing the hearing the master shall inform the parties who have appeared that they are entitled to have the matter heard by a judge. If a party objects, the hearing shall be conducted by a judge.
(c) Recommendations of masters.--
Upon the conclusion of a hearing before a master, he shall transmit written findings and recommendations for disposition to the judge. Prompt written notice and copies of the findings and recommendations shall be given to the parties to the proceeding.
(d) Rehearing before judge.--
A rehearing before the judge may be ordered by the judge at any time upon cause shown. Unless a rehearing is ordered, the findings and recommendations become the findings and order of the court when confirmed in writing by the judge.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment.
Act 53 amended subsec. (a).
Suspension by Court Rule.
Subsection (b) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(6), amended December 30, 2005, insofar as it is inconsistent with Rule 187 relating to authority of master.
Subsection (b) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(5), adopted August 21, 2006, insofar as it is inconsistent with Rule 1187 relating to authority of master.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6306 - Costs and expenses of care of child

§ 6306. Costs and expenses of care of child.
The costs and expenses of the care of the child shall be paid as provided by sections 704.1 and 704.2 of the act of June 13, 1967 (P.L.31, No.21), known as the "Public Welfare Code."
(Apr. 28, 1978, P.L.202, No.53)
1978 Amendment.
Act 53 added present section 6306 and repealed former section 6306 relating to the same subject matter and provided that the amendment was effective January 1, 1978.
References in Text. The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in this section, was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6310 - Parental participation

§ 6310. Parental participation.
(a) General rule.--
In any proceeding under this chapter, a court may order a parent, guardian or custodian to participate in the treatment, supervision or rehabilitation of a child, including, but not limited to, community service, restitution, counseling, treatment and education programs.
(b) Presence at proceedings.--
The court may, when the court determines that it is in the best interests of the child, order a parent, guardian or custodian of a child to be present at and to bring the child to any proceeding under this chapter.
(c) Contempt.--
A person who, without good cause, fails to comply with an order issued under this section may be found in contempt of court. The court may issue a bench warrant for any parent, guardian or custodian who, without good cause, fails to appear at any proceeding.
(d) Intent.--
The General Assembly hereby declares that every parent, guardian or custodian of a child who is the subject of a proceeding under this chapter and a court-ordered program under this chapter should attend the proceeding and participate fully in the program.
(e) Limitation.--
Nothing in this section shall be construed to create a right of a child to have his parent, guardian or custodian present at a proceeding under this chapter or participate in a court-ordered program.
(Nov. 17, 1995, 1st Sp.Sess., P.L.1109, No.28, eff. 60 days)
1995 Amendment.
Act 28, 1st Sp.Sess., added section 6310.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6321 - Commencement of proceedings

§ 6321. Commencement of proceedings.
(a) General rule.--
A proceeding under this chapter may be commenced:
(1) By transfer of a case as provided in section 6322 (relating to transfer from criminal proceedings).
(2) By the court accepting jurisdiction as provided in section 6362 (relating to disposition of resident child received from another state) or accepting supervision of a child as provided in section 6364 (relating to supervision under foreign order).
(2.1) By taking a child into custody in accordance with the provisions of section 6324 (relating to taking into custody).
(3) In other cases by the filing of a petition as provided in this chapter. The petition and all other documents in the proceeding shall be entitled "In the interest of............................, a minor," and shall be captioned and docketed as provided by general rule.
(b) Venue.--
A proceeding under this chapter may be commenced:
(1) In the county in which the child resides.
(2) If delinquency is alleged, in the county in which the acts constituting the alleged delinquency occurred.
(3) If dependency is alleged, in the county in which the child is present when it is commenced.
(c) Transfer to another court within this Commonwealth.--
(1) If the child resides in a county of this Commonwealth and the proceeding is commenced in a court of another county, the court, on motion of a party or on its own motion made after the adjudicatory hearing or at any time prior to final disposition, may transfer the proceeding to the county of the residence of the child for further action. Like transfers may be made if the residence of the child changes during the proceeding. The proceeding may be transferred if the child has been adjudicated delinquent and other proceedings involving the child are pending in the court of the county of his residence.
(2) Certified copies of all legal and social documents and records pertaining to the case on file with the court shall accompany the transfer.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Feb. 29, 1980, P.L.36, No.12, eff. 60 days)
1980 Amendment.
Act 12 amended subsec. (a).
1978 Amendment.
Act 53 amended subsec. (b).
Suspension by Court Rule.
Section 6321 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(7), amended December 30, 2005, insofar as it is inconsistent with Rule 200 relating to commencing proceedings.
Cross References.
Section 6321 is referred to in section 9799.19 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6324 - Taking into custody

§ 6324. Taking into custody.
A child may be taken into custody:
(1) Pursuant to an order of the court under this chapter. Prior to entering a protective custody order removing a child from the home of the parent, guardian or custodian, the court must determine that to allow the child to remain in the home is contrary to the welfare of the child.
(2) Pursuant to the laws of arrest.
(3) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child is suffering from illness or injury or is in imminent danger from his surroundings, and that his removal is necessary.
(4) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has run away from his parents, guardian, or other custodian.
(5) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has violated conditions of his probation.
(Dec. 9, 2002, P.L.1705, No.215, eff. 60 days)
Suspension by Court Rule.
Section 6324 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(6), adopted August 21, 2006, insofar as it is inconsistent with Rule 1202 relating to procedures for protective custody by police and county agency.
Cross References.
Section 6324 is referred to in sections 6304, 6321, 6327, 6351, 6351.1 of this title; section 6315 of Title 23 (Domestic Relations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6325 - Detention of child

§ 6325. Detention of child.
A child taken into custody shall not be detained or placed in shelter care prior to the hearing on the petition unless his detention or care is required to protect the person or property of others or of the child or because the child may abscond or be removed from the jurisdiction of the court or because he has no parent, guardian, or custodian or other person able to provide supervision and care for him and return him to the court when required, or an order for his detention or shelter care has been made by the court pursuant to this chapter.
Cross References.
Section 6325 is referred to in sections 6304, 6326, 6331, 6332 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6328 - Dependency in lieu of delinquency

§ 6328. Dependency in lieu of delinquency.
(a) Referral to county agency.--
The offenses provided under subsection (b) shall be referred to a county agency under 23 Pa.C.S. §§ 6362 (relating to responsibilities of county agency for child protective services) and 6375 (relating to county agency requirements for general protective services) if the offense:
(1) Is committed by a child as a direct result of being a sexually exploited child as defined in 18 Pa.C.S. § 3001 (relating to definitions).
(2) Is directly related to having been subject to human trafficking as defined in 18 Pa.C.S. § 3001.
(b) Eligible offenses.--
Eligible offenses for referral to a county agency include the following:
(1) 18 Pa.C.S. § 3503 (relating to criminal trespass).
(2) 18 Pa.C.S. § 4914 (relating to false identification to law enforcement authorities).
(3) 18 Pa.C.S. § 5503 (relating to disorderly conduct).
(4) 18 Pa.C.S. § 5506 (relating to loitering and prowling at night time).
(5) An offense for simple possession of a controlled substance under section 13(a)(16) and (31) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
(c) Delinquency proceedings.--
(1) If an offense listed in subsection (b) is referred to a county agency, delinquency proceedings under this chapter may not be commenced immediately.
(2) If treatment and social services are unsuccessful while the dependency petition is pending, as evidenced by the child's behavior, and the county agency believes that juvenile justice services are necessary and warranted, the county agency shall refer the child's case to the juvenile probation department or district attorney's office for the commencement of delinquency proceedings.
(d) Record expungement.--
Upon the final discharge of supervision, juvenile court records relating to an offense listed in subsection (b) shall be expunged by the court under 18 Pa.C.S. § 9123 (relating to juvenile records).
(Oct. 24, 2018, P.L.797, No.130, eff. 60 days)
2018 Amendment.
Act 130 added section 6328.
Cross References. Section 6328 is referred to in section 3065 of Title 18 (Crimes and Offenses).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6331 - Release from detention or commencement of proceedings

§ 6331. Release from detention or commencement of proceedings.
If a child is brought before the court or delivered to a detention or shelter care facility designated by the court, the intake or other authorized officer of the court shall immediately make an investigation and release the child unless it appears that his detention or shelter care is warranted or required under section 6325 (relating to detention of child). The release of the child shall not prevent the subsequent filing of a petition as provided in this chapter. If he is not so released, a petition shall be promptly made and presented to the court within 24 hours or the next court business day of the admission of the child to detention or shelter care.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
Suspension by Court Rule.
Section 6331 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(11), amended December 30, 2005, insofar as it is inconsistent with Rule 242 relating to detention hearing.
Section 6331 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(7), adopted August 21, 2006, insofar as it is inconsistent with Rules 1242 and 1330(A) relating to general conduct of shelter care hearing and petition: filing, contents, function, aggravated circumstances.
Cross References.
Section 6331 is referred to in section 6304 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6332 - Informal hearing

§ 6332. Informal hearing.
(a) General rule.--
An informal hearing shall be held promptly by the court or master and not later than 72 hours after the child is placed in detention or shelter care to determine whether his detention or shelter care is required under section 6325 (relating to detention of child), whether to allow the child to remain in the home would be contrary to the welfare of the child and, if the child is alleged to be delinquent, whether probable cause exists that the child has committed a delinquent act. Reasonable notice thereof, either oral or written, stating the time, place, and purpose of the hearing shall be given to the child and if they can be found, to his parents, guardian, or other custodian. Prior to the commencement of the hearing the court or master shall inform the parties of their right to counsel and to appointed counsel if they are needy persons, and of the right of the child to remain silent with respect to any allegations of delinquency. If the child is alleged to be a dependent child, the court or master shall also determine whether reasonable efforts were made to prevent such placement or, in the case of an emergency placement where services were not offered and could not have prevented the necessity of placement, whether this level of effort was reasonable due to the emergency nature of the situation, safety considerations and circumstances of the family.
(b) Rehearing.--
If the child is not so released and a parent, guardian or other custodian has not been notified of the hearing, did not appear or waive appearance at the hearing, and files his affidavit showing these facts, the court or master shall rehear the matter without unnecessary delay and order release of the child, unless it appears from the hearing that his detention or shelter care is required under section 6325.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 15, 1986, P.L.1598, No.177, eff. 60 days; Dec. 9, 2002, P.L.1705, No.215, eff. 60 days)
Cross References.
Section 6332 is referred to in sections 6337.1, 6351 of this title; section 6315 of Title 23 (Domestic Relations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6333 - Subpoena

§ 6333. Subpoena.
(a) General rule.--
Upon application of a child, parent, guardian, custodian, probation officer, district attorney, or other party to the proceedings, the court, master, or the clerk of the court shall issue, or the court or master may on its own motion issue, subpoenas requiring attendance and testimony of witnesses and production of papers at any hearing under this chapter.
(b) Copy to parents, guardians and custodians.--
(1) A copy of the subpoena requiring attendance and testimony of a witness who is under 18 years of age shall be issued to the parent, guardian or other custodian of the witness in addition to the issuance of the subpoena for the witness.
(2) The court may waive issuance of the copy under paragraph (1) for cause shown in a specific case.
(Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6336.2 - Use of restraints on children during court proceedings

§ 6336.2. Use of restraints on children during court proceedings.
(a) Use of restraints.--
Except as provided for in subsection (b), restraints such as handcuffs, chains, shackles, irons or straitjackets shall be removed prior to the commencement of a court proceeding.
(b) Exception.--
Restraints may be used during a court proceeding if the court determines on the record, after providing the child with an opportunity to be heard, that they are necessary:
(1) to prevent physical harm to the child or another person;
(2) to prevent disruptive courtroom behavior, evidenced by a history of behavior that created potentially harmful situations or presented substantial risk of physical harm; or
(3) to prevent the child, evidenced by an escape history or other relevant factors, from fleeing the courtroom.
(May 29, 2012, P.L.570, No.56, eff. 60 days)
2012 Amendment.
Act 56 added section 6336.2.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6337 - Right to counsel

§ 6337. Right to counsel.
Except as provided under this section and in section 6311 (relating to guardian ad litem for child in court proceedings), a party is entitled to representation by legal counsel at all stages of any proceedings under this chapter and if he is without financial resources or otherwise unable to employ counsel, to have the court provide counsel for him. If a party other than a child appears at a hearing without counsel the court shall ascertain whether he knows of his right thereto and to be provided with counsel by the court if applicable. The court may continue the proceeding to enable a party to obtain counsel. Except as provided under section 6337.1 (relating to right to counsel for children in dependency and delinquency proceedings), counsel must be provided for a child. If the interests of two or more parties may conflict, separate counsel shall be provided for each of them.
(May 10, 2000, P.L.74, No.18, eff. 60 days; Apr. 9, 2012, P.L.223, No.23, eff. 60 days)
Suspension by Court Rule.
Section 6337 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(5), amended December 30, 2005, insofar as it is inconsistent with Rule 152 relating to waiver of counsel.
Section 6337 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(4), adopted August 21, 2006, insofar as it is inconsistent with Rule 1152 relating to waiver of counsel.
Cross References.
Section 6337 is referred to in section 6311 of this title; sections 6315, 6368 of Title 23 (Domestic Relations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6337.1 - Right to counsel for children in dependency and delinquency proceedings

§ 6337.1. Right to counsel for children in dependency and delinquency proceedings.
(a) Children in dependency proceedings.--
Legal counsel shall be provided for a child who is alleged or has been found to be a dependent child in accordance with the Pennsylvania Rules of Juvenile Court Procedure.
(b) Children in delinquency proceedings.--
(1) In delinquency cases, all children shall be presumed indigent. If a child appears at any hearing without counsel, the court shall appoint counsel for the child prior to the commencement of the hearing. The presumption that a child is indigent may be rebutted if the court ascertains that the child has the financial resources to retain counsel of his choice at his own expense. The court may not consider the financial resources of the child's parent, guardian or custodian when ascertaining whether the child has the financial resources to retain counsel of his choice at his own expense.
(2) Although a child alleged to be delinquent may appear with counsel at the intake conference conducted by a juvenile probation officer following the submission of a written allegation, counsel shall not be mandatory at the proceeding.
(3) Notwithstanding paragraph (1), a child who is 14 years of age or older may waive the right to counsel if the court has determined that the waiver is knowingly, intelligently and voluntarily made after having conducted a colloquy with the child on the record, in accordance with the Pennsylvania Rules of Juvenile Court Procedure, and the hearing for which waiver is sought is not one of the following:
(i) An informal detention or shelter hearing under section 6332 (relating to informal hearing).
(ii) A hearing to consider transfer to criminal proceedings under section 6355 (relating to transfer to criminal proceedings).
(iii) A hearing to consider evidence on the petition or accept an admission to an alleged delinquent act under section 6341 (relating to adjudication).
(iv) A hearing to consider evidence as to whether the child is in need of treatment, supervision or rehabilitation under section 6341.
(v) A disposition hearing under section 6341 or 6352 (relating to disposition of delinquent child).
(vi) A hearing to modify or revoke probation or other disposition entered under section 6352.
(4) The court may assign stand-by counsel if the child waives counsel at any hearing.
(5) If a child waives counsel for any hearing, the waiver shall only apply to that hearing and the child may revoke the waiver of counsel at any time. At any subsequent hearing, the child shall be informed of the right to counsel.
(Apr. 9, 2012, P.L.223, No.23, eff. 60 days)
2012 Amendment.
Act 23 added section 6337.1.
Cross References. Section 6337.1 is referred to in section 6337 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6338 - Other basic rights

§ 6338. Other basic rights.
(a) General rule.--
A party is entitled to the opportunity to introduce evidence and otherwise be heard in his own behalf and to cross-examine witnesses.
(b) Self-incrimination.--
A child charged with a delinquent act need not be a witness against or otherwise incriminate himself. An extrajudicial statement, if obtained in the course of violation of this chapter or which could be constitutionally inadmissible in a criminal proceeding, shall not be used against him. Evidence illegally seized or obtained shall not be received over objection to establish the allegations made against him. A confession validly made by a child out of court at a time when the child is under 18 years of age shall be insufficient to support an adjudication of delinquency unless it is corroborated by other evidence.
(c) Statements and information obtained during screening or assessment.--
(1) No statements, admissions or confessions made by or incriminating information obtained from a child in the course of a screening or assessment that is undertaken in conjunction with any proceedings under this chapter, including, but not limited to, that which is court ordered, shall be admitted into evidence against the child on the issue of whether the child committed a delinquent act under this chapter or on the issue of guilt in any criminal proceeding.
(2) The provisions of paragraph (1) are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency and criminal proceedings of information obtained during screening, assessment or treatment.
(Oct. 9, 2008, P.L.1396, No.109, eff. 60 days)
2008 Amendment.
Act 109 added subsec. (c).
Cross References.
Section 6338 is referred to in sections 6315, 6368 of Title 23 (Domestic Relations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6339 - Investigation and report

§ 6339. Investigation and report.
(a) General rule.--
If the allegations of a petition are admitted by a party or notice of hearing under section 6355 (relating to transfer to criminal proceedings) has been given, the court, prior to the hearing on need for treatment or disposition, may direct that a social study and report in writing to the court be made by an officer of the court or other person designated by the court, concerning the child, his family, his environment, and other matters relevant to disposition of the case. If the allegations of the petition are not admitted and notice of a hearing under section 6355 has not been given, the court shall not direct the making of the study and report until after the court has held a hearing on the petition upon notice of hearing given pursuant to this chapter and the court has found that the child committed a delinquent act or is a dependent child.
(b) Physical and mental examinations and treatment.--
During the pendency of any proceeding the court may order the child to be examined at a suitable place by a physician or psychologist and may also order medical or surgical treatment of a child who is suffering from a serious physical condition or illness which in the opinion of a licensed physician requires prompt treatment, even if the parent, guardian, or other custodian has not been given notice of a hearing, is not available, or without good cause informs the court of his refusal to consent to the treatment.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment.
Act 53 amended subsec. (a).
Suspension by Court Rule.
Section 6339 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(9), adopted August 21, 2006, insofar as it is inconsistent with Rule 1340(B)(1)(e) relating to discovery and inspection.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6342 - Court-appointed special advocates

§ 6342. Court-appointed special advocates.
(a) General rule.--
The court may appoint or discharge a CASA at any time during a proceeding or investigation regarding dependency under this chapter.
(b) Immunity.--
A court-appointed special advocate shall be immune from civil liability for actions taken in good faith to carry out the duties of the CASA under this chapter except for gross negligence, intentional misconduct or reckless, willful or wanton misconduct.
(c) Qualifications.--
Prior to appointment, a CASA shall:
(1) Be 21 years of age or older.
(2) Successfully pass screening requirements, including criminal history and child abuse background checks.
(3) Successfully complete the training requirements established under subsection (f) and by the court of common pleas of the county where the CASA will serve.
(d) Powers and duties.--
Following appointment by the court, the CASA shall:
(1) have full access to and review all records, including records under 23 Pa.C.S. Ch. 63 (relating to child protective services) relating to the child and other information, unless otherwise restricted by the court;
(2) interview the child and other appropriate persons as necessary to develop its recommendations;
(3) receive reasonable prior notice of all hearings, staff meetings, investigations or other proceedings relating to the child;
(4) receive reasonable prior notice of the movement of the child from one placement to another placement, the return of a child to the home, the removal of a child from the home or any action that materially affects the treatment of the child;
(5) submit written reports to the court to assist the court in determining the disposition best suited to the health, safety and welfare of the child; and
(6) submit copies of all written reports and recommendations to all parties and any attorney of a party.
(e) Confidentiality.--
All records and information received under this section shall be confidential and only used by the CASA in the performance of his duties.
(f) Standards.--
The Juvenile Court Judges' Commission established under the act of December 21, 1959 (P.L.1962, No.717), entitled "An act providing for the creation and operation of the Juvenile Court Judges' Commission in the Department of Justice; prescribing its powers and duties; and making an appropriation," shall develop standards governing the qualifications and training of court-appointed special advocates.
(Dec. 15, 1998, P.L.978, No.128, eff. 60 days)
1998 Amendment.
Act 128 added section 6342.
Cross References.
Section 6342 is referred to in section 6336.1 of this title; section 6365 of Title 23 (Domestic Relations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6351.1 - Authority of court upon petition to remove child from foster parent

§ 6351.1. Authority of court upon petition to remove child from foster parent.
(a) Order required.--
Notwithstanding sections 6324 (relating to taking into custody) and 6351(a) (relating to disposition of dependent child), if a county agency petitions the court for removal of a child because the foster parent has been convicted of an offense set forth in 23 Pa.C.S. § 6344(c) (relating to employees having contact with children; adoptive and foster parents), the court shall immediately enter an order removing the child from the foster parent.
(b) Limitation on placement.--
If a court enters an order under subsection (a), the following apply:
(1) Except as set forth in paragraph (2), the court may, under section 6351(a), enter an order of disposition best suited to the child's safety; protection; and physical, mental and moral welfare.
(2) Notwithstanding section 6351(a), if the court finds that the foster parent has been convicted of an offense set forth in 23 Pa.C.S. § 6344(c), the court has no authority to place or return the child to the foster parent who was named in the petition filed by the county agency under subsection (a).
(Oct. 31, 2003, P.L.200, No.31, eff. 60 days; Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014)
2014 Amendment. Act 153 amended subsec. (a).
2003 Amendment.
Act 31 added section 6351.1. Section 3 of Act 31 provided that section 6351.1 shall apply to petitions filed on or after the effective date of section 3.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6352.1 - Treatment records

§ 6352.1. Treatment records.
Notwithstanding any other provision of law, drug and alcohol treatment records or related information regarding a child who is alleged or who has been found to be dependent or delinquent, or the child's parent, shall be released to the county agency, court or juvenile probation officer upon the consent of the child or the child's parent or upon an order of the court. The disclosure of drug and alcohol treatment records under this section shall be obtained or ordered in a manner that is consistent with the procedures, limitations and criteria set forth in regulations adopted by the Department of Health and Human Services relating to the confidentiality of drug and alcohol treatment records. The county agency, court or juvenile probation officer shall only use the records to carry out the purposes of this chapter and shall not release the records to any other person. The court may order the participation of the county agency or juvenile probation officer in the development of a treatment plan for the child as necessary to protect the health, safety or welfare of the child, to include discussions with the individual, facility or program providing treatment and the child or the child's parent in furtherance of a disposition under section 6351 (relating to disposition of dependent child) or 6352 (relating to disposition of delinquent child).
(Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999)
1998 Amendment.
Act 126 added section 6352.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6354 - Effect of adjudication

§ 6354. Effect of adjudication.
(a) General rule.--
An order of disposition or other adjudication in a proceeding under this chapter is not a conviction of crime and does not impose any civil disability ordinarily resulting from a conviction or operate to disqualify the child in any civil service application or appointment.
(b) Effect in subsequent judicial matters.--
The disposition of a child under this chapter may only be used against him:
(1) in dispositional proceedings after conviction for the purposes of a presentence investigation and report if the child was adjudicated delinquent;
(2) in a subsequent juvenile hearing, whether before or after reaching majority;
(3) if relevant, where he has put his reputation or character in issue in a civil matter; or
(4) in a criminal proceeding, if the child was adjudicated delinquent for an offense, the evidence of which would be admissible if committed by an adult.
(May 12, 1995, 1st Sp.Sess., P.L.1006, No.13, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6356 - Disposition of mentally ill or mentally retarded child

§ 6356. Disposition of mentally ill or mentally retarded child.
If, at a dispositional hearing of a child found to be a delinquent or at any hearing, the evidence indicates that the child may be subject to commitment or detention under the provisions of the act of October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the "Mental Health and Mental Retardation Act of 1966," or the act of July 9, 1976 (P.L.817, No.143), known as the "Mental Health Procedures Act," the court shall proceed under the provisions of the appropriate statute.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6357 - Rights and duties of legal custodian

§ 6357. Rights and duties of legal custodian.
A custodian to whom legal custody has been given by the court under this chapter has the right to the physical custody of the child, the right to determine the nature of the care and treatment of the child, including ordinary medical care and the right and duty to provide for the care, protection, training, and education, and the physical, mental, and moral welfare of the child. An award of legal custody shall be subject to the conditions and limitations of the order and to the remaining rights and duties of the parents or guardian of the child as determined by the court. The court may award legal custody under this section on a temporary basis to an individual or agency under section 6351(a)(2) (relating to disposition of dependent child) or permanent basis to an individual under section 6351(a)(2.1).
(Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999)
Cross References.
Section 6357 is referred to in section 6336.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6361 - Disposition of nonresident child

§ 6361. Disposition of nonresident child.
(a) General rule.--
If the court finds that a child who has been adjudged to have committed a delinquent act or to be dependent is or is about to become a resident of another state which has adopted the Uniform Juvenile Court Act, or a substantially similar law which includes provisions corresponding to this section and section 6362 (relating to disposition of resident child received from another state), the court may defer hearing on need of treatment and disposition and request by any appropriate means the appropriate court of the county or parish of the residence or prospective residence of the child to accept jurisdiction of the child.
(b) Change of residence under court order.--
If the child becomes a resident of another state while on probation or under protective supervision under order of a court of this Commonwealth, the court may request the court of the state in which the child has become a resident to accept jurisdiction of the child and to continue his probation or protective supervision.
(c) Procedure for transfer.--
Upon receipt and filing of an acceptance the court of this Commonwealth shall transfer custody of the child to the accepting court and cause him to be delivered to the person designated by that court to receive his custody. It also shall provide the accepting court with certified copies of the order adjudging the child to be a delinquent, or dependent child, of the order of transfer, and if the child is on probation or under protective supervision under order of the court, of the order of disposition. It also shall provide the accepting court with a statement of the facts found by the court of this Commonwealth and any recommendations and other information or documents it considers of assistance to that court in making a disposition of the case or in supervising the child on probation or otherwise.
(d) Effect of transfer to accepting court.--
Upon compliance with subsection (c) the jurisdiction of the court of this Commonwealth over the child is terminated.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment.
Act 53 amended subsecs. (a) and (c).
Cross References.
Section 6361 is referred to in section 6362 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6362 - Disposition of resident child received from another state

§ 6362. Disposition of resident child received from another state.
(a) General rule.--
If a juvenile court of another state which has adopted the Uniform Juvenile Court Act, or a substantially similar law which includes provisions corresponding to section 6361 (relating to disposition of nonresident child) and this section, requests a court of this Commonwealth to accept jurisdiction of a child found by the requesting court to have committed a delinquent act or to be an unruly or dependent child, and the court of this Commonwealth finds, after investigation that the child is, or is about to become, a resident of a county for which the court is established, the court shall promptly and not later than 14 days after receiving the request issue its acceptance in writing to the requesting court and direct its probation officer or other person designated by it to take physical custody of the child from the requesting court and bring him before the court of this Commonwealth or make other appropriate provisions for his appearance before the court.
(b) Hearing on further disposition.--
Upon the filing of certified copies of the orders of the requesting court:
(1) determining that the child committed a delinquent act or is an unruly or dependent child; and
(2) committing the child to the jurisdiction of the court of this Commonwealth;
the court of this Commonwealth shall immediately fix a time for a hearing on the need for treatment, supervision or rehabilitation and disposition of the child or on the continuance of any probation or protective supervision.
(c) Further proceedings.--
The hearing and notice thereof and all subsequent proceedings are governed by this chapter. The court may make any order of disposition permitted by the facts and this chapter. The orders of the requesting court are conclusive that the child committed the delinquent act or is an unruly or dependent child and of the facts found by the court in making the orders. If the requesting court has made an order placing the child on probation or under protective supervision, a like order shall be entered by the court of this Commonwealth.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
Cross References.
Section 6362 is referred to in sections 6321, 6361 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6363 - Ordering foreign supervision

§ 6363. Ordering foreign supervision.
(a) General rule.--
Subject to the provisions of this chapter governing dispositions and to the extent that funds are available the court may place a child in the custody of a suitable person in another state. On obtaining the written consent of a juvenile court of another state which has adopted the Uniform Juvenile Court Act or a substantially similar law, which includes provisions corresponding to this section and section 6364 (relating to supervision under foreign order), the court of this Commonwealth may order that the child be placed under the supervision of a probation officer or other appropriate official designated by the accepting court. One certified copy of the order shall be sent to the accepting court and another filed with the clerk of the requesting court of this Commonwealth.
(b) Costs and expenses.--
The reasonable cost of the supervision, including the expenses of necessary travel, shall be borne initially by the county of the requesting court of this Commonwealth. Upon receiving a certified statement signed by the judge of the accepting court of the cost incurred by the supervision the court of this Commonwealth shall certify if it so appears that the sum so stated was reasonably incurred and file it with the county for payment. The county shall thereupon make payment of the sum approved to the appropriate officials of the county or parish of the accepting court.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment.
Act 53 amended subsec. (b).
Cross References.
Section 6363 is referred to in sections 6351, 6352, 6364 of this title.