reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter C - STANDARDS GOVERNING THE QUALIFICATIONS AND TRAINING OF COURT-APPOINTED SPECIAL ADVOCATES › GENERAL › Section 200.201 - Appointment

Current through Register Vol. 54, No. 28, July 13, 2024
Under
						  42 Pa.C.S. §
													6342
						  (relating to court-appointed special advocates), court-appointed special
						  advocates (CASAs) may be appointed to participate as advocates for children who
						  are dependent or alleged to be dependent. CASAs shall be appointed only by the
						  court and shall be sworn in by the court in recognition of both the importance
						  and confidential nature of their duties.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter C - STANDARDS GOVERNING THE QUALIFICATIONS AND TRAINING OF COURT-APPOINTED SPECIAL ADVOCATES › GENERAL › Section 200.202 - Program

Current through Register Vol. 54, No. 28, July 13, 2024
Court-appointed special advocates (CASAs) shall, at all
						  times, be under the supervision of a CASA program which has the legal authority
						  to operate, and which is recognized and supported by the court. Unless the CASA
						  program is administered by the court, the program shall likewise have a written
						  agreement with the court defining the working relationship between the CASA
						  program and the court. CASAs may not be assigned to a case until it is
						  determined that all preservice training and qualification requirements have
						  been met.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter C - STANDARDS GOVERNING THE QUALIFICATIONS AND TRAINING OF COURT-APPOINTED SPECIAL ADVOCATES › QUALIFICATIONS › Section 200.211 - Qualifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						court-appointed special advocate (CASA) shall be 21 years of age or
						older.
(b) Prior to appointment, a
						CASA shall:
(1) Successfully pass all
						screening requirements, including criminal history and child abuse background
						checks.
(2) Complete a written
						application containing information about educational background and training,
						employment history and experience working with children.
(3) Submit the names of three or more
						references of persons unrelated to the prospective CASA.
(4) Authorize the CASA program and other
						appropriate agencies to conduct a criminal record check, a child protective
						services background check as permitted by the laws of the Commonwealth and, if
						the duties of the CASA could include the transportation of children, a driving
						record check.
(5) Attend and
						participate in personal interviews with CASA program personnel.
(6) Be able to make a 12-month minimum
						commitment to a case, in addition to the time required for preservice
						training.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter C - STANDARDS GOVERNING THE QUALIFICATIONS AND TRAINING OF COURT-APPOINTED SPECIAL ADVOCATES › TRAINING › Section 200.221 - Training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						court-appointed special advocate (CASA) shall have the benefit of a training
						and skill development program that is offered by a CASA program and which is
						reviewed annually and revised based on the program's assessment of its training
						needs.
(b) Training provided to
						CASAs shall conform to the curriculum "Comprehensive Training for the
						CASA/GAL," available from the National Court Appointed Special Advocate
						Association, or its equivalent.
(c)
						The training that is offered to CASAs shall utilize a variety of instructors,
						including CASA program staff, attorneys, judges, agency representatives and
						volunteers.
(d) CASAs shall
						successfully complete at least 30 hours of preservice training before being
						assigned to a case. This preservice training shall, at a minimum, include the
						following:
(1) The roles and responsibilities
						of a CASA volunteer.
(2) Court
						process, including dependency proceedings under 42 Pa.C.S. Chapter 63 (relating
						to the Juvenile Act) and involuntary termination of parental rights proceedings
						under
						23 Pa.C.S. §§
														2101-2910 (relating to the Adoption
						Act).
(3) The dynamics of human
						behavior associated with child abuse and neglect.
(4) Relevant State and Federal
						laws.
(5) Confidentiality and
						recordkeeping practices.
(6) Child
						development.
(7) Child abuse and
						neglect.
(8) Permanency planning
						and resources.
(9) Community
						agencies and resources.
(10)
						Communication and information gathering, to include interviewing and report
						writing skill development.
(11)
						Advocacy.
(12) Special needs of the
						children served, including differences in cultural and socioeconomic norms,
						values and heritage.
(13) The
						identification of personal and institutional bias or discrimination as it
						relates to the children and families being served.
(14) The opportunity to visit and observe
						court proceedings conducted by judges and masters involving hearings under 42
						Pa.C.S. Chapter 63, as well as proceedings involving the involuntary
						termination of parental rights under
						23 Pa.C.S. §§
														2101-2910.
(15) Ethics relating to the role of the
						CASA.
(16) Expectations regarding
						appearance and demeanor.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter E - STANDARDS GOVERNING SEARCHES OF THE PERSON AND PROPERTY OF CHILDREN BY JUVENILE PROBATION OFFICERS › GENERAL PROVISIONS › Section 200.401 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania's juvenile justice system is mandated to
						  provide 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. The authority of
						  juvenile probation officers to conduct searches of the person and property of
						  children is essential to achieving the community protection and accountability
						  goals of the system. These standards are intended to guide policy and practice
						  relating to searches of the person and property of children by juvenile
						  probation officers.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter E - STANDARDS GOVERNING SEARCHES OF THE PERSON AND PROPERTY OF CHILDREN BY JUVENILE PROBATION OFFICERS › GENERAL PROVISIONS › Section 200.402 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  subchapter, have the following meanings, unless the context clearly indicates
						  otherwise.
Exigent circumstances
-Include, but are
						  not limited to, a reasonable suspicion by the probation officer that contraband
						  or other evidence of violations of the conditions of supervision might be
						  destroyed, or suspicion that a weapon might be used.
Personal search
-A warrantless search
						  of a child's person, including, but not limited to, the child's clothing and
						  any personal property which is in the possession, within the reach or under the
						  control of the child.
Property search
-A warrantless search
						  by a probation officer of real property, a vehicle or personal property which
						  is in the possession or is under the control of a child.
Reasonable suspicion
-The existence of
						  reasonable suspicion to search shall be determined in accordance with
						  constitutional search and seizure provisions as applied by judicial decision.
						  Reasonable suspicion requires specific and articulable facts, that is,
						  something more than an unparticularized suspicion or hunch.
Terry v. Ohio
, 392 U. S. 1 (1968)
						  (reasonable suspicion requires that the officer "be able to point to specific
						  and articulable facts which, taken together with rational inferences from those
						  facts, reasonably warrant" the intrusion on an individual's privacy). Those
						  specific facts must be such as to indicate that contraband or evidence of a
						  violation of the conditions of a child's supervision will be found in the place
						  to be searched. In accordance with that case law, the following factors, when
						  applicable, may be taken into account:
(i) The observations of the
						officers.
(ii) Information provided
						by others.
(iii) The activities of
						the child.
(iv) Information
						provided by the child.
(v) The
						experience of the probation officer with the child.
(vi) The experience of probation officers in
						similar circumstances.
(vii) The
						prior delinquent and supervisory history of the offender.
(viii) The need to verify compliance with the
						conditions of supervision.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter E - STANDARDS GOVERNING SEARCHES OF THE PERSON AND PROPERTY OF CHILDREN BY JUVENILE PROBATION OFFICERS › AUTHORITY › Section 200.411 - General

Current through Register Vol. 54, No. 28, July 13, 2024
Probation officers may search the person and property
						  of the following children:
(1)
						Children who are under their supervision as delinquent children or under a
						consent decree.
(2) Children who
						are being taken into custody or who have been taken into custody under
						42 Pa.C.S. §
													6324
						(relating to taking into custody).
(3) Children who are in the process of being
						detained under
						42 Pa.C.S. §
													6304,
						§ 6325 or § 6331 (relating to powers and duties of probation
						officers; detention of child; and release from detention or commencement of
						proceedings).
(4) Children whose
						cases are the subject of an intake process conducted under
						42 Pa.C.S. §§
													6304 and
						6331.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter E - STANDARDS GOVERNING SEARCHES OF THE PERSON AND PROPERTY OF CHILDREN BY JUVENILE PROBATION OFFICERS › PERSONAL SEARCHES › Section 200.421 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A personal
						search may be conducted only under the following circumstances:
(1) When the probation officer has a
						reasonable suspicion to believe that the child possesses contraband or other
						evidence of violations of the conditions of supervision.
(2) When the child is being transported by
						the probation officer.
(3) When the
						child is taken into custody by the probation officer.
(4) When a child is admitted to, or
						discharged from, a detention center, institution or other
						facility.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter E - STANDARDS GOVERNING SEARCHES OF THE PERSON AND PROPERTY OF CHILDREN BY JUVENILE PROBATION OFFICERS › PROPERTY SEARCHES › Section 200.431 - General

Current through Register Vol. 54, No. 28, July 13, 2024
A property search may be conducted by a probation
						  officer if there is reasonable suspicion to believe that the real or other
						  property, in the possession of or under the control of a child who is under
						  supervision as a delinquent child or pursuant to a consent decree, contains
						  contraband or other evidence of violations of the conditions of
						  supervision.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter E - STANDARDS GOVERNING SEARCHES OF THE PERSON AND PROPERTY OF CHILDREN BY JUVENILE PROBATION OFFICERS › PROPERTY SEARCHES › Section 200.432 - Searching a residence

Current through Register Vol. 54, No. 28, July 13, 2024
The officer has the authority to make warrantless
						  searches upon reasonable suspicion, of the portion of the residence to which
						  the child normally has access. A residence in which the child shares living
						  space with a parent or guardian can be divided into the following three zones
						  for search purposes:
(1) Zone 1: The
						portion of the residence over which the child has exclusive control can be
						searched without a warrant based upon reasonable suspicion.
(2) Zone 2: The portion of the residence to
						which the child has access but shares with others can be searched without a
						warrant based upon reasonable suspicion even though the others may object.
						Deciding on a search in this situation is more difficult since the probation
						officer must be able to demonstrate that the child normally has access to the
						area.
(3) Zone 3: The portion of
						the residence to which the child has no access cannot be searched without a
						search warrant based upon probable cause or the consent of the person who has
						control over the area.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter E - STANDARDS GOVERNING SEARCHES OF THE PERSON AND PROPERTY OF CHILDREN BY JUVENILE PROBATION OFFICERS › PROPERTY SEARCHES › Section 200.433 - Nonapproved residence or other sites

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any residence other than the child's
						approved residence cannot be searched without the consent of a person who owns,
						leases or has access and appears to reside at that address. If consent is not
						obtained, a search warrant will be required to enter, except during hot
						pursuit.
(b) Landlords and owners,
						upon leasing a property, cannot enter that property without the lessee's
						consent except in an emergency such as a fire or in the event of water damage
						when the landlord or owner is permitted to protect his property. Therefore,
						they cannot give probation officers access to their leased property.
(c) A warrantless search of the child's job
						site cannot be made without consent of the owner. If consent is given, the area
						in which the child has exclusive control, such as a desk or locker, can
						effectively be searched for contraband.
(d) As with the job site, a shelter or
						rehabilitative program has constitutionally protected property rights. Thus,
						any search must be limited to an area over which the child has exclusive
						control. Searches or arrest should be coordinated with staff.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter E - STANDARDS GOVERNING SEARCHES OF THE PERSON AND PROPERTY OF CHILDREN BY JUVENILE PROBATION OFFICERS › PROPERTY SEARCHES › Section 200.434 - Extent of search

Current through Register Vol. 54, No. 28, July 13, 2024
The extent of any search is limited to articulable
						  reasons. If the reason for a search is to arrest the child and the child is
						  located and arrested, the search must end. An exception is a search of the
						  immediate area around the child for safety reasons. Additional reasonable
						  suspicion would be required to continue the search beyond that
						  area.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter E - STANDARDS GOVERNING SEARCHES OF THE PERSON AND PROPERTY OF CHILDREN BY JUVENILE PROBATION OFFICERS › PROPERTY SEARCHES › Section 200.435 - Use of force

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Forced entry
						into an approved residence should only occur when the probation officer has
						reason to believe a fugitive is inside or evidence of violations, such as
						weapons or drugs, may be removed or destroyed if not seized immediately. For
						example, the officer hears the child's voice inside the home or notes movement,
						but no one responds to the officer's knocking and identification.
(b) Probation officers should enter using
						only the amount of force necessary.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter E - STANDARDS GOVERNING SEARCHES OF THE PERSON AND PROPERTY OF CHILDREN BY JUVENILE PROBATION OFFICERS › PROPERTY SEARCHES › Section 200.436 - Motor vehicles

Current through Register Vol. 54, No. 28, July 13, 2024
Motor vehicles can be searched if any of the following
						  conditions exist:
(1) The child owns
						the vehicle.
(2) The child is
						driving the vehicle although the child is not the owner.
(3) The child is observed in the vehicle.
						This authorizes a limited search in the immediate area where the child is
						sitting unless consent is given by the operator/owner to search the entire
						vehicle.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter E - STANDARDS GOVERNING SEARCHES OF THE PERSON AND PROPERTY OF CHILDREN BY JUVENILE PROBATION OFFICERS › PROPERTY SEARCHES › Section 200.437 - Additional requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Except when exigent circumstances are present, juvenile probation officers
						shall receive the approval of a supervisor to conduct a property
						search.
(b) Juvenile probation
						supervisors and administrators may conduct a property search without prior
						approval.
(c) The child may be
						detained for safety reasons if the child is present during a property search.
						Temporary confinement or restraint is permissible as long as the confinement
						ends as soon as it is reasonably safe to do so.
(d) If the child is not present during a
						property search, the probation officer in charge of the search shall make a
						reasonable effort to provide the child and the child's parent/guardian with
						notice of the search, including an inventory of the items seized, after the
						search is completed.
(e) Conditions
						of supervision for children under the supervision of probation officers as
						delinquent children, or pursuant to a consent decree, shall include a statement
						notifying the child that a property search may be conducted by a probation
						officer if there is reasonable suspicion to believe that the real or other
						property, in the possession of or under the control of the child, contains
						contraband or other evidence of violations of the conditions of
						supervision.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter E - STANDARDS GOVERNING SEARCHES OF THE PERSON AND PROPERTY OF CHILDREN BY JUVENILE PROBATION OFFICERS › PROCEDURES › Section 200.441 - Written reports

Current through Register Vol. 54, No. 28, July 13, 2024
A written report of every person or property search
						  shall be completed by the probation officer who conducted the search. The
						  report shall be maintained in the child's case file.
(1) The written report of a personal search
						shall include the name of the child, the date and time of the search, other
						persons present, the location of the child when the search was conducted, the
						circumstances necessitating the search and an inventory of all items
						seized.
(2) The written report of a
						property search shall contain the elements in paragraph (1) and, if relevant to
						the search, any exigent circumstances that existed at the time of the
						search.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter E - STANDARDS GOVERNING SEARCHES OF THE PERSON AND PROPERTY OF CHILDREN BY JUVENILE PROBATION OFFICERS › PROCEDURES › Section 200.442 - Agency protocols

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						probation department shall develop a protocol for conducting personal and
						property searches that is approved by the court.
(b) The protocol should include, at a
						minimum, the following:
(1) The circumstances
						under which searches should be conducted.
(2) The procedures to obtain supervisory
						approval.
(3) The documentation of
						reasonable suspicion and exigent circumstances, when appropriate.
(4) The documentation, chain of custody and
						security of all items seized.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter E - STANDARDS GOVERNING SEARCHES OF THE PERSON AND PROPERTY OF CHILDREN BY JUVENILE PROBATION OFFICERS › PROCEDURES › Section 200.443 - Training

Current through Register Vol. 54, No. 28, July 13, 2024
Prior to conducting searches, probation officers should
						  receive training in the following areas:
(1) The legal requirements of
						searches.
(2) The provisions of
						this subchapter.
(3) The provisions
						of the agency's protocol for conducting searches and seizures.
(4) The physical and verbal techniques
						involved in both personal and property searches.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter F - STANDARDS GOVERNING THE ADMINISTRATION OF RESTITUTION FUNDS › GENERAL PROVISIONS › Section 200.501 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Pennsylvania's
						juvenile justice system is mandated to provide 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.
(b) Section 6352(a)(5) of the Juvenile Act
						(relating to disposition of delinquent child), gives juvenile courts the
						authority to order payment of reasonable amounts of money, as fines, costs,
						fees or restitution by a child who has been found to be a delinquent child, as
						deemed appropriate as part of the plan of rehabilitation considering the nature
						of the acts committed and the earning capacity of the child, including a
						contribution to a restitution fund. This section further provides that the
						president judge of the court of common pleas shall establish a restitution fund
						for the deposit of all contributions to the restitution fund which are received
						or collected.
(c) The Juvenile Act
						provides, as well, that the terms and conditions of an informal adjustment or
						consent decree disposition may include contributions by a child to a
						restitution fund, and that the court may direct that any part of the money
						received from a child regarding whom notice has been certified to the court
						that the child has failed to comply with a lawful sentence imposed for a
						summary offense, shall be deposited into a restitution fund established by the
						president judge.
(d) This
						subchapter is intended to provide guidance to president judges in the
						administration of restitution funds established under the Juvenile
						Act.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter F - STANDARDS GOVERNING THE ADMINISTRATION OF RESTITUTION FUNDS › GENERAL PROVISIONS › Section 200.502 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  subchapter, have the following meanings, unless the context clearly indicates
						  otherwise.
Juvenile Act
-42 Pa.C.S. Chapter
						  63.
Restitution fund
-A fund established
						  by the president judge of a court of common pleas under section 6352(a)(5) of
						  the Juvenile Act (relating to disposition of delinquent child), from which
						  disbursements are made at the discretion of the president judge pursuant to
						  written guidelines promulgated by the president judge and the limitations of
						  the Juvenile Act, and used to reimburse crime victims for financial losses
						  resulting from delinquent acts.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter F - STANDARDS GOVERNING THE ADMINISTRATION OF RESTITUTION FUNDS › ESTABLISHMENT AND ADMINISTRATION OF RESTITUTION FUNDS › Section 200.511 - Establishment of a restitution fund

Current through Register Vol. 54, No. 28, July 13, 2024
In jurisdictions where a contribution to a restitution
						  fund by a child may be included among the terms and conditions of an informal
						  adjustment or consent decree or as part of a plan of rehabilitation resulting
						  from an adjudication of delinquency, the president judge of the court of common
						  pleas shall establish a restitution fund under
						  42 Pa.C.S. §
													6352(a)(5) (relating to
						  disposition of delinquent child) for the deposit of all contributions to the
						  restitution fund which are received or collected.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter F - STANDARDS GOVERNING THE ADMINISTRATION OF RESTITUTION FUNDS › ESTABLISHMENT AND ADMINISTRATION OF RESTITUTION FUNDS › Section 200.512 - Written guidelines

Current through Register Vol. 54, No. 28, July 13, 2024
The president judge shall promulgate written guidelines
						  for the administration of a restitution fund.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter F - STANDARDS GOVERNING THE ADMINISTRATION OF RESTITUTION FUNDS › ESTABLISHMENT AND ADMINISTRATION OF RESTITUTION FUNDS › Section 200.513 - Disbursements from a restitution fund

Current through Register Vol. 54, No. 28, July 13, 2024
Disbursements from the restitution fund shall be made
						  at the discretion of the president judge, under the written guidelines and the
						  limitations of the Juvenile Act, and shall be used to reimburse crime victims
						  for financial losses resulting from delinquent acts.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter F - STANDARDS GOVERNING THE ADMINISTRATION OF RESTITUTION FUNDS › ESTABLISHMENT AND ADMINISTRATION OF RESTITUTION FUNDS › Section 200.514 - Elements of written guidelines

Current through Register Vol. 54, No. 28, July 13, 2024
Written guidelines promulgated for the administration
						  of a restitution fund shall, at a minimum, include the following
						  elements:
(1) The court may direct
						that any portion of the money received from a child alleged to be delinquent
						for failing to comply with a lawful sentence imposed for a summary offense may
						be deposited into the restitution fund.
(2) The terms and conditions of an informal
						adjustment or a consent decree may include a contribution by the child to the
						restitution fund.
(3) The terms and
						conditions of a disposition following an adjudication of delinquency may
						include a contribution by the child to the restitution fund.
(4) Disbursements from the fund shall be used
						to reimburse crime victims for financial losses resulting from delinquent
						acts.
(5) Disbursements from the
						fund shall require the signatures of at least two persons designated by the
						president judge.
(6) A policy
						requiring an annual report, detailing the aggregate and individual data
						regarding payments to and disbursements from the restitution fund.
(7) A requirement for an annual audit, under
						county policy, of all payments to and disbursements from the fund.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter G - STANDARDS GOVERNING THE COLLECTION AND DISBURSEMENT OF RESTITUTION › Section 200.601 - Written guidelines

Current through Register Vol. 54, No. 28, July 13, 2024
The president judge of the court of common pleas shall
						promulgate written guidelines governing the collection and disbursement of
						restitution in juvenile delinquency cases, under
						42 Pa.C.S. §
												6352(a)(5) (relating to
						disposition of delinquent child).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter G - STANDARDS GOVERNING THE COLLECTION AND DISBURSEMENT OF RESTITUTION › Section 200.602 - Elements of written guidelines

Current through Register Vol. 54, No. 28, July 13, 2024
The written guidelines must, at a minimum, include the
						following elements:
(1) A policy that
					 children under the jurisdiction of the court who owe restitution be required to
					 make a reasonable amount of restitution, considering the nature of the acts
					 committed and the earning capacity of the child.
(2) A policy that a dispositional order
					 include a specific amount of restitution to be paid, to whom the restitution is
					 to be paid, and a payment schedule if so determined by the court.
(3) A policy that the monetary limits of
					 parental liability in juvenile delinquency cases conform to
					 23 Pa.C.S. §
												5505
					 (relating to monetary limits of liability).
(4) A policy that where the court has ordered
					 a delinquent child to pay fines, costs or restitution, the court shall retain
					 jurisdiction until there has been full compliance with the order or until the
					 delinquent child attains 21 years of age.
(5) A policy that judgments be filed at
					 termination of juvenile court jurisdiction under
					 42 Pa.C.S. §
												9728
					 (relating to collection of restitution, reparation, fees, costs, fines and
					 penalties) in cases where orders for fines, costs or restitution remain
					 unpaid.
(6) A policy that the
					 juvenile probation department be responsible for developing private sector or
					 subsidized employment opportunities, or both, to enable indigent children to
					 pay restitution.
(7) Provisions
					 governing the collection of moneys, the management and control of receipts, and
					 disbursement of funds.
(8) A policy
					 requiring an annual report detailing individual and aggregate data on the
					 amount of restitution ordered and collected.
(9) A requirement for an annual audit of all
					 restitution collected and disbursed in juvenile delinquency cases.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter H - STANDARDS GOVERNING THE INTER-COUNTY TRANSFER OF DELINQUENCY CASES › Preamble

Current through Register Vol. 54, No. 28, July 13, 2024
The cases of children who commit delinquent acts in other
						than their county of residence present unique challenges to Pennsylvania's
						juvenile courts, as do the cases of children whose county of residence changes
						during the course of juvenile court proceedings. Early and ongoing
						communication between officials in the affected counties is the first essential
						step in successfully processing these cases.
Both Pa.R.J.C.P. 300 (Venue) and the Juvenile Act, at
						42 Pa.C.S. §
												6321(b) (relating to
						commencement of proceedings) provide that proceedings may be commenced in
						either the county in which the alleged delinquent act occurred or the child's
						county of residence. However, this subchapter recommends that allegations of
						delinquency should normally be referred for juvenile court intake in the county
						in which the alleged delinquent act occurred because of its proximity to
						victims, witnesses, and law enforcement personnel.
When the court proceeds to an adjudicatory hearing for a
						nonresident child, both Pa.R.J.C.P. 302(A) (Adjudication of Delinquency) and
						this subchapter provide that the court shall hear the evidence on the petition
						or accept an admission, and rule on the offenses.
Upon finding that a nonresident child has committed a
						delinquent act, and specifying the grading and counts thereof, Pa.R.J.C.P.
						302(A) provides that the court may then transfer the case to the child's county
						of residence for a hearing to determine if the juvenile is in need of
						treatment, supervision or rehabilitation. However, the transfer of such cases
						is not required by this rule.
This subchapter recommends that the court, upon
						determining that a nonresident child has committed a delinquent act, should
						transfer the case to the child's county of residence. The court in the county
						of residence can then conduct the hearing to determine if the child is in need
						of treatment, supervision or rehabilitation and make final disposition of the
						case. Normally, the county of residence is most familiar with the circumstances
						of the family and will be providing supervision of the case if the child is
						found to be delinquent.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter H - STANDARDS GOVERNING THE INTER-COUNTY TRANSFER OF DELINQUENCY CASES › Section 200.701 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A delinquency
					 proceeding must be commenced in either the county in which the delinquent act
					 was allegedly committed or the child's county of residence. Allegations of
					 delinquency should normally be brought through the submission of a written
					 allegation to the juvenile probation department or an attorney for the
					 Commonwealth, consistent with local practice, in the county in which the
					 alleged delinquent act occurred.
(b) The child may file a motion for change of
					 venue if there is substantial prejudice to the child. The court shall decide
					 the motion.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter H - STANDARDS GOVERNING THE INTER-COUNTY TRANSFER OF DELINQUENCY CASES › Section 200.702 - Inter-county transfer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
					 cases where a child is alleged to be delinquent through the submission of a
					 written allegation to a juvenile probation department in other than the child's
					 county of residence, the juvenile probation department should promptly initiate
					 contact with the juvenile probation department in the county of residence to
					 discuss the matter and jointly determine the most appropriate manner for
					 processing the case. For the purpose of this subsection, the county of
					 residence is defined as that county in which the child's custodial parent,
					 legal guardian or custodian reside, unless emancipation of the child has been
					 established by court finding.
(b)
					 Consistent with local practice, attorneys for the Commonwealth in both the
					 county of residence and the county in which the alleged delinquent act occurred
					 shall be provided notice of the submission of any such allegation by their
					 respective juvenile probation departments to ensure a unified and coordinated
					 effort.
(c) In certain cases, it
					 may be appropriate to transfer a matter to the county of residence immediately
					 following the intake conference. In such cases, the juvenile probation
					 department in the county that received the written allegation should provide
					 the attorney for the Commonwealth in that county with notice of the decision
					 resulting from the intake conference.
(1) The
					 decision to transfer a matter to the county of residence following an intake
					 conference should be jointly determined by the juvenile probation departments
					 and the attorneys for the Commonwealth of the respective
					 jurisdictions.
(2) No transfer to
					 the county of residence should occur over the objection of the attorney for the
					 Commonwealth, unless the court orders the transfer following a hearing pursuant
					 to Pa.R.J.C.P. 311 (relating to intake conference).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter H - STANDARDS GOVERNING THE INTER-COUNTY TRANSFER OF DELINQUENCY CASES › Section 200.703 - Courtesy supervision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
					 the court in the county in which the delinquent act occurred places the child
					 on a consent decree or enters a dispositional order following an adjudication
					 of delinquency, the court may transfer supervision of the child to the child's
					 county of residence. Likewise, in cases where a child's county of residence
					 changes following disposition, the court in the former county of residence may
					 transfer supervision of the child to the new county of residence.
(b) A county providing courtesy supervision
					 may, with cause, withdraw the supervision at any time and return the matter for
					 further action to the county which entered the disposition order.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter H - STANDARDS GOVERNING THE INTER-COUNTY TRANSFER OF DELINQUENCY CASES › Section 200.704 - Transmission of information

Current through Register Vol. 54, No. 28, July 13, 2024
In proceedings involving courtesy supervision or the
						inter-county transfer of a delinquency case, the transferring court shall order
						the transfer of certified copies of all documents, reports and summaries to the
						receiving court.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter I - STANDARDS GOVERNING THE RELEASE OF INFORMATION CONTAINED IN JUVENILE COURT FILES AND JUVENILE PROBATION RECORDS AND REPORTS › GENERAL PROVISIONS › Section 200.801 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  subchapter, have the following meanings, unless the context clearly indicates
						  otherwise:
Clerk of Courts
-That official in each
						  judicial district who has the responsibility and function under State law and
						  local practice to maintain the official juvenile court file and docket, without
						  regard to that person's official title.
Juvenile court files
-All original
						  records, papers and orders filed, copies of all court notices, and docket
						  entries.
Juvenile probation records or
						  reports
-The term includes, but is not limited to, social summaries,
						  psychological and psychiatric evaluations, personal histories, school records
						  and reports, mental health histories and reports, drug and alcohol evaluations,
						  treatment facility records and reports, and copies of all original court
						  records, papers, orders and notices.
The provisions of this §
														200.801 amended under
							 42 Pa.C.S. §
															§
															6371-6375.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter I - STANDARDS GOVERNING THE RELEASE OF INFORMATION CONTAINED IN JUVENILE COURT FILES AND JUVENILE PROBATION RECORDS AND REPORTS › GENERAL PROVISIONS › Section 200.802 - Inspection of juvenile court files and juvenile probation records or reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No court
						authorization is required for the following persons or agencies to review and
						copy information contained in juvenile court files and juvenile probation
						records or reports:
(1) The judges, masters,
						juvenile probation officers and staff of the court.
(2) The attorney for the Commonwealth, the
						child's attorney, and the child, but the persons in this category are not
						permitted to see reports revealing the names of confidential sources of
						information, except in the discretion of the court.
(3) A public or private agency or institution
						providing supervision or having custody of the child under order of the
						court.
(4) A court and its
						probation officers and other officials or staff and the attorney for the
						defendant for use in preparing a pre-sentence report in a criminal case in
						which the defendant is convicted and the defendant previously was adjudicated
						delinquent.
(5) A judge or issuing
						authority for use in determining bail, provided that the inspection is limited
						to orders of delinquency adjudications and dispositions, orders resulting from
						dispositional review hearings and histories of bench warrants and
						escapes.
(6) The Administrative
						Office of the Pennsylvania Courts.
(7) Officials of the Department of
						Corrections or a State correctional institution or other penal institution to
						which an individual who was previously adjudicated delinquent in a proceeding
						under the Juvenile Act (42 Pa.C.S. Chapter 63) has been committed, but the
						persons in this category shall not be permitted to see reports revealing the
						names of confidential sources of information contained in social reports,
						except in the discretion of the court.
(8) A parole board, court or county probation
						official in considering an individual who was previously adjudicated delinquent
						in a proceeding under 42 Pa.C.S. Chapter 63 (relating to the Juvenile Act), but
						the persons in this category are not permitted to see reports revealing the
						names of confidential sources of information contained in social reports,
						except in the discretion of the court.
(9) The judges, juvenile probation officers,
						and staff of courts of other jurisdictions when necessary for the discharge of
						their official duties.
(10) The
						State Sexual Offenders Assessment Board for use in completing
						assessments.
(11) With leave of
						court, any other person, agency or institution having a legitimate interest in
						the proceedings or in the work of the unified judicial system.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter I - STANDARDS GOVERNING THE RELEASE OF INFORMATION CONTAINED IN JUVENILE COURT FILES AND JUVENILE PROBATION RECORDS AND REPORTS › GENERAL PROVISIONS › Section 200.803 - Release of information to schools

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon finding a child to be a delinquent
						child, the court shall, through the juvenile probation department, provide the
						following information to the building principal, or a designee, of any public,
						private, or parochial school in which the child is enrolled:
(1) The name and address of the
						child.
(2) The delinquent acts that
						the child was found to have committed.
(3) A brief description of the delinquent
						acts.
(4) The disposition of the
						case.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter I - STANDARDS GOVERNING THE RELEASE OF INFORMATION CONTAINED IN JUVENILE COURT FILES AND JUVENILE PROBATION RECORDS AND REPORTS › GENERAL PROVISIONS › Section 200.804 - Public availability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						dispositional order entered following an adjudication of delinquency shall
						include a designation as to whether the case is eligible for limited public
						information, under
						42 Pa.C.S. §
													6307(b)(1)(i) (relating to
						inspection of court files and records). The court shall designate a case as
						eligible for limited public information if the child has been adjudicated
						delinquent by a court as a result of an act committed:
(1) When the child was 14 years of age or
						older and the conduct would be considered a felony if committed by an
						adult.
(2) When the child was 12 or
						13 years of age and the conduct would have constituted one or more of the
						following offenses if committed by an adult:
(i) Murder.
(ii) Voluntary manslaughter.
(iii) Aggravated assault as defined in
						18 Pa.C.S. §
															2702(a)(1) or
						(2) (relating to aggravated
						assault).
(iv) Arson as defined in
						18 Pa.C.S. §
															3301(a)(1) (relating to
						arson and related offenses).
(v)
						Involuntary deviate sexual intercourse.
(vi) Kidnapping.
(vii) Rape.
(viii) Robbery as defined in
						18 Pa.C.S. §
															3701(a)(1)(i), (ii) or
						(iii) (relating to robbery).
(ix) Robbery of motor vehicle.
(x) Attempt or conspiracy to commit any of
						the aforementioned offenses.