Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 8 - SUSPENSIONS › Rule 800 - Suspensions of Acts of Assembly

Current through Register Vol. 54, No. 28, July 13, 2024
This rule provides for the suspension of the following Acts
					 of Assembly that apply to delinquency proceedings only:
1) The Act of November 21, 1990, P. L. 588,
				  No. 138, § 1,
				  42 Pa.C.S. §
											8934,
				  which authorizes the sealing of search warrant affidavits, and which is
				  implemented by Pa.R.Crim.P. Rule 211, through Pa.R.J.C.P. Rule 105, is
				  suspended only insofar as the Act is inconsistent with Pa.R.Crim.P. Rules 205,
				  206 and 211.
2) The Act of July 9,
				  1976, P. L. 586, No. 142, § 2,
				  42 Pa.C.S. §
											6335(c), which provides for
				  the issuance of arrest warrants if the juvenile may abscond or may not attend
				  or be brought to a hearing, is suspended only insofar as the Act is
				  inconsistent with Rules 124, 140, and 364, which require a summoned person to
				  fail to appear and the court to find that sufficient notice was
				  given.
3) The Act of July 9, 1976,
				  P. L. 586, No. 142, § 2,
				  42 Pa.C.S. §
											6336(c), which provides that
				  if a proceeding is not recorded, full minutes shall be kept by the court, is
				  suspended only insofar as the Act is inconsistent with Rule 127(A), which
				  requires all proceedings to be recorded, except for detention
				  hearings.
4) The Public Defender
				  Act, Act of December 2, 1968, P. L. 1144, No. 358, § 1
et
				  seq
. as amended through Act of December 10, 1974, P. L. 830, No. 277,
				  § 1,
				  16
				  P. S. 9960.1
et seq
., which
				  requires the Public Defender to represent all juveniles who for lack of
				  sufficient funds are unable to employ counsel is suspended only insofar as the
				  Act is inconsistent with Rules 150 and 151, which require separate counsel if
				  there is a conflict of interest.
5)
				  The Act of July 9, 1976, P. L. 586, No. 142, § 2,
				  42 Pa.C.S. §
											6337,
				  which provides that counsel must be provided unless the guardian is present and
				  waives counsel for the juvenile, is suspended only insofar as the Act is
				  inconsistent with Rule 152, which does not allow a guardian to waive the
				  juvenile's right to counsel.
6) The
				  Act of July 9, 1976, P. L. 586, No. 142, § 2,
				  42 Pa.C.S. §
											6305(b), which provides that
				  the court may direct hearings in any case or class or cases be conducted by the
				  juvenile court hearing officer, formerly known as a "master," is suspended only
				  insofar as the Act is inconsistent with Rule 187, which allows juvenile court
				  hearing officers to hear only specific classes of cases.
7) The Act of July 9, 1976, P. L. 586, No.
				  142, § 2,
				  42 Pa.C.S. §
											6321,
				  which provides for commencement of a proceeding by the filing of a petition, is
				  suspended only insofar as the Act is inconsistent with Rule 200, which provides
				  the submission of a written allegation shall commence a proceeding.
8) The Act of July 9, 1976, P. L. 586, No.
				  142, § 2,
				  42 Pa.C.S. §
											6303(b), which provides that
				  a district judge or judge of the minor judiciary may not detain a juvenile, is
				  suspended only insofar as the Act is inconsistent with Rule 210, which allows
				  Magisterial District Judges to issue an arrest warrant, which may lead to
				  detention in limited circumstances.
9) The Act of July 9, 1976, P. L. 586, No.
				  142, § 2,
				  42 Pa.C.S. §
											6334,
				  which provides that any person may bring a petition, is suspended only insofar
				  as the Act is inconsistent with Rules 231, 233, and 330, which provide for a
				  person other than a law enforcement officer to submit a private written
				  allegation to the juvenile probation office or an attorney for the
				  Commonwealth, if elected for approval; and that only a juvenile probation
				  officer or attorney for the Commonwealth may file a petition.
10) The Act of July 9, 1976, P. L. 586, No.
				  142, § 2,
				  42 Pa.C.S. §
											6304(a)(2), which provides
				  that juvenile probation officers may receive and examine complaints for the
				  purposes of commencing proceedings, is suspended only insofar as the Act is
				  inconsistent with Rules 231 and 330, which provide that the District Attorney
				  may file a certification that requires an attorney for the Commonwealth to
				  initially receive and approve written allegations and petitions.
11) The Act of July 9, 1976, P. L. 586, No.
				  142, § 2,
				  42 Pa.C.S. §
											6331,
				  which provides for the filing of a petition with the court within twenty four
				  hours or the next business day of the admission of the juvenile to detention or
				  shelter care, is suspended only insofar as the Act is inconsistent with the
				  filing of a petition within twenty-four hours or the next business day from the
				  detention hearing if the juvenile is detained under Rule 242.
12) The Act of July 9, 1976, P. L. 586, No.
				  142, § 2,
				  42 Pa.C.S. §
											6336(b), which provides that
				  the district attorney,
upon request of the court
, shall
				  present the evidence in support of the petition and otherwise conduct the
				  proceedings on behalf of the Commonwealth, is suspended only insofar as the Act
				  is inconsistent with Rules 242(B)(1)(b), 406(A)(2)(b), and 512(A), which
				  provide the district attorney shall present the evidence in support of the
				  petition and otherwise conduct the proceedings on behalf of the
				  Commonwealth.
13) The Act of July
				  9, 1976, P. L. 586, No. 142, § 2,
				  42 Pa.C.S. §
											6323(a)(2), which provides
				  that a delinquent child may be referred for an informal adjustment by a
				  juvenile probation officer, is suspended only insofar as the Act is
				  inconsistent with Rule 312, which provides that only an
alleged
delinquent child may be referred for an informal
				  adjustment because the filing of informal adjustment shall occur prior to the
				  filing of a petition.
14) Section
				  5720 of the Wiretapping and Electronic Surveillance Control Act, Act of October
				  4, 1978, P. L. 831, No. 164,
				  18 Pa.C.S. §
											5720, is
				  suspended as inconsistent with Rule 340 only insofar as the section may delay
				  disclosure to a juvenile seeking discovery under Rule 340(B)(6); and Section
				  5721(b) of the Act,
				  18 Pa.C.S. §
											5721(b), is suspended only
				  insofar as the time frame for making a motion to suppress is concerned, as
				  inconsistent with Rules 347 and 350.
15) The Act of July 9, 1976, P. L. 586, No.
				  142, § 2,
				  42 Pa.C.S. §
											6340(c), which provides
				  consent decree shall remain in force for six months unless the child is
				  discharged sooner by probation services with the approval of the court, is
				  suspended only insofar as the Act is inconsistent with the requirement of Rule
				  373 that a motion for early discharge is to be made to the court.
16) The Act of July 9, 1976, P. L. 586, No.
				  142, § 2,
				  42 Pa.C.S. §
											6335,
				  which provides for a hearing within ten days of the juvenile's detention unless
				  the exceptions of (a)(1) & (2) or (f) are met, is suspended only insofar as
				  the Act is inconsistent with Rule 391, which provides for an additional ten
				  days of detention if a notice of intent for transfer to criminal proceedings
				  has been filed.
17) The Act of July
				  9, 1976, P. L. 586, No. 142, § 2,
				  42 Pa.C.S. §
											6355(g), which provides the
				  burden of establishing by a preponderance of evidence that the public interest
				  is served by the transfer of the case to criminal court
and
that a child is not amenable to treatment, supervision, or rehabilitation as a
				  juvenile shall rest with the Commonwealth unless the exceptions of paragraphs
				  (g)(1) and (2) apply, is suspended only insofar as the Act is inconsistent with
				  Rule 394, which provides
only
The burden of establishing by a
				  preponderance of the evidence that the public interest is served by the
				  transfer of the case to criminal court shall rest with the Commonwealth unless
				  the exceptions of paragraph (g)(1) and (2) apply.
18) The Act of July 9, 1976, P. L. 586, No.
				  142, § 2,
				  42 Pa.C.S. §
											6353(a), which requires
				  dispositional review hearings to be held at least every nine months when a
				  juvenile is removed from the home, is suspended only insofar as it is
				  inconsistent with the requirement of Rule 610, which requires dispositional
				  review hearings to be held at least every six months.