reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO LICENSURE › Section 197.89 - Scheduling and announcement of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Hearings when feasible shall be held in
					 the locality where the health care facility is based.
(b) Wherever possible, the Hearing Board will
					 schedule a hearing to be held within 30 days of the prehearing conference
					 unless the time is extended by mutual agreement of the parties and the Hearing
					 Board.
(c) The time, date and place
					 of the hearing will be announced by the Hearing Board at least 10 days before
					 the hearing date in the following manner:
(1)
					 By written notice to the parties of record.
(2) By publication in a newspaper of general
					 circulation in the area in which the hearing will be held.
(3) By publication in the
Pennsylvania Bulletin
.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO LICENSURE › Section 197.90 - Procedure at hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department will have the burden of proof.
(b) The Department will open and close,
					 unless otherwise directed by the hearing board member conducting the hearing.
					 This subsection supersedes 1 Pa. Code §
											35.125(a) and
					 supplements 1 Pa. Code §
											35.125(b)-(d)
					 (relating to order of procedure).
(c) Parties to the proceeding shall have the
					 right of presentation of evidence, cross-examination, objection, motion and
					 argument. This subsection supplements 1 Pa. Code §
											35.126 (relating to presentation
					 by the parties).
(d) The hearing
					 board member conducting the hearing may limit the number of witnesses who may
					 be heard upon any issue. This subsection supplements 1 Pa. Code §
											35.127 (relating to limiting
					 number of witnesses).
(e) Each
					 witness shall be sworn or affirm before giving testimony. This subsection
					 supplements 1 Pa. Code §
											35.137 (relating to oral
					 examination).
(f) Where documents
					 are offered in evidence, they shall be verified by a witness before being
					 admitted unless the parties agree to their admission without verification. This
					 subsection supersedes 1 Pa. Code §
											33.12 (relating to
					 verification).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings); and 37 Pa. Code §
													197.81 (relating to
						  definitions).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO LICENSURE › Section 197.91 - Correction of transcript

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
					 the conclusion of the hearing, copies of the transcript shall be provided to
					 those parties requesting them at cost, as soon as practicable. Within 10 days
					 of the mailing of the transcript, a party may file a motion to correct the
					 transcript, for the purpose of correcting typographical errors and
					 unintelligible phrases and making the transcript conform to the
					 evidence.
(b) Subsection (a)
					 supersedes 1 Pa. Code §
											35.132 (relating to transcript
					 corrections) and supplements 1 Pa. Code §
											35.133 (relating to copies of
					 transcripts).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings); and 37 Pa. Code §
													197.81 (relating to
						  definitions).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO LICENSURE › Section 197.92 - Posthearing filings

Current through Register Vol. 54, No. 28, July 13, 2024
At the conclusion of the hearing, the Hearing Board
						member conducting the hearing shall establish a schedule for the filing of
						posthearing briefs and requests for findings of fact and conclusions of
						law.
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings); and 37 Pa. Code §
													197.81 (relating to
						  definitions).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO LICENSURE › Section 197.93 - Decision of the Hearing Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Upon the expiration of the time period for filing posthearing briefs and
					 requests for findings of fact and conclusion of law, if any, the hearing board
					 member who presided at the hearing shall prepare a proposed adjudication and
					 order for consideration by the full Hearing Board. This subsection supersedes 1
					 Pa. Code §
											35.202 (relating to proceedings in
					 which proposed reports are prepared).
(b) The Hearing Board may:
(1) Affirm the decision of the
					 Department.
(2) Reverse the
					 decision of the Department.
(3)
					 Remand the matter to the Department for further hearing, review or
					 reconsideration.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO LICENSURE › Section 197.94 - Distribution of decision

Current through Register Vol. 54, No. 28, July 13, 2024
A copy of the decision of the Hearing Board shall be sent
						by first class mail to:
(1) The
					 appellant.
(2) The
					 Department.
(3) Other parties to
					 the proceeding, if any.
(4) A
					 person who has made a written request for a copy.
(5) A newspaper of general circulation in the
					 area in which the appeal arises.
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings); and 37 Pa. Code §
													197.81 (relating to
						  definitions).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › GENERAL › Section 199.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter
						have the following meanings, unless the context clearly indicates otherwise:
Act
-The Act of March 2, 1988 (P. L. No.
						1988-No. 22) (16 P. S. §§
												9525.1-9525.6).
Basic Education Course
-The course of
						instruction required by the act to be given to coroners upon their first
						election to office and to chief deputy and full-time deputy coroners upon first
						being appointed to either position.
Board
-The Coroners' Education Board.
Certification
-Documentation issued by
						the Board indicating that education requirements have been met.
Continuing education
-Yearly educational
						requirement mandated by the act for every coroner, chief deputy coroner and
						full-time deputy coroner.
Examination
-The examination given at the
						conclusion of the Basic Education Course.
Full-time deputy coroner
-An individual
						employed by a county and deemed by the county to be "full-time."
Just-cause
-Instances such as
						job-related emergencies, or illness or accident suffered either by a person
						required to meet basic education requirements or by the person's immediate
						family or death of the person's immediate family member or in instances when an
						appointment to fill a vacancy occurs prior to the next scheduled Basic
						Education Course.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › GENERAL › Section 199.2 - Application of act

Current through Register Vol. 54, No. 28, July 13, 2024
Coroners, whether elected or appointed, and their
						deputies, are subject to the act and of this chapter.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › GENERAL › Section 199.3 - Appeal procedure

Current through Register Vol. 54, No. 28, July 13, 2024
A coroner or deputy aggrieved by a decision of the Board
						has the right to appeal in accordance with 2 Pa.C.S. (relating to
						administrative law and procedure).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › ORGANIZATION OF THE BOARD › Section 199.11 - Board chairperson

Current through Register Vol. 54, No. 28, July 13, 2024
The Board members will elect a chairperson from the Board
						membership at the first regularly scheduled meeting of each calendar
						year.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › ORGANIZATION OF THE BOARD › Section 199.12 - Temporary chairperson

Current through Register Vol. 54, No. 28, July 13, 2024
In the absence of the elected chairperson, any Board
						member may serve as temporary chairperson with the approval of a majority of
						the Board members present.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › ORGANIZATION OF THE BOARD › Section 199.13 - Meeting schedule

Current through Register Vol. 54, No. 28, July 13, 2024
The Board will schedule six regular meetings per calendar
						year, with the meeting dates to be set at or before the first meeting of the
						calendar year.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › BASIC EDUCATION COURSE › Section 199.21 - General requirement

Current through Register Vol. 54, No. 28, July 13, 2024
Newly elected coroners and newly appointed chief deputy
						and full-time deputy coroners shall attend the Basic Education Course and pass
						the examination.
(1) The Basic
					 Education Course is a minimum 32 hours of instruction given between the date of
					 each municipal election and December 31 of that year.
(2) The course of instruction includes
					 subjects such crime-scene investigation, toxicology, forensic autopsies and the
					 legal duties of a coroner.
(3) A
					 written examination is given at the conclusion of the course.
This section cited in 37 Pa. Code §
													199.25 (relating to exemptions for
						  licensed professionals).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › BASIC EDUCATION COURSE › Section 199.22 - Basic Education Course costs

Current through Register Vol. 54, No. 28, July 13, 2024
Costs for those persons statutorily required to attend
						the Basic Education Course will be the minimum necessary to pay the cost of
						instruction, required course materials, and room and board. A schedule of cost
						options to attend the Basic Education Course is available upon request from the
						Board.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › BASIC EDUCATION COURSE › Section 199.23 - Postponement for just cause

Current through Register Vol. 54, No. 28, July 13, 2024
The determination of the existence of just cause to
						postpone attendance at the Basic Education Course or completion of the
						examination, will be at the discretion of the Board. The person seeking
						exemption bears the responsibility of initiating contact with the Board within
						30 days of the event asserted as just cause.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › BASIC EDUCATION COURSE › Section 199.24 - Exemption for qualified forensic pathologists

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed forensic pathologist may be exempt from the
						requirement of attendance at the Basic Education Course and completion of the
						examination. The Board will determine eligibility for exemption. Based upon the
						applicant's ability to demonstrate active, current involvement in the practice
						of forensic pathology.
This section cited in 37 Pa. Code §
													199.25 (relating to exemptions for
						  licensed professionals).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › BASIC EDUCATION COURSE › Section 199.25 - Exemptions for licensed professionals

Current through Register Vol. 54, No. 28, July 13, 2024
With the exception of §
											199.24 (relating to exemption for
						qualified forensic pathologists), exemptions from §
											199.21 (relating to general
						requirement) will not be permitted based on other types of education or
						experience.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › BASIC EDUCATION COURSE › Section 199.26 - Eligibility for certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Persons statutorily required to complete the Basic Education Course and pass
					 the examination will receive certification from the Board.
(b) Persons who are under no statutory
					 obligation to do so, but who register for the Basic Education Course through
					 the Board, attend the course and pass the examination, will receive
					 certification. Certification will expire in 1 year, unless the Board receives
					 evidence of yearly compliance with the continuing education
					 requirement.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › BASIC EDUCATION COURSE › Section 199.27 - Failure of coroner to attend Basic Education Course or to pass examination

Current through Register Vol. 54, No. 28, July 13, 2024
When a person elected for the first time to the office of
						coroner fails to attend the Basic Education Course and pass the examination,
						the Board will notify the Governor, following the last Board meeting of the
						year, unless the Board has postponed compliance for just
						cause.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › BASIC EDUCATION COURSE › Section 199.28 - Failure of chief deputy coroner or full-time deputy coroner to attend Basic Education Course or pass examination

Current through Register Vol. 54, No. 28, July 13, 2024
When a chief deputy coroner or full-time deputy coroner
						fails to attend the Basic Education Course and pass the examination, the Board
						will notify the coroner of the appropriate county and the county commissioners
						or county executive, as appropriate, unless the Board has postponed compliance
						for just cause. The notification will be made in writing within 30 days of the
						examination.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › BASIC EDUCATION COURSE › Section 199.29 - Appointees' basic education requirement

Current through Register Vol. 54, No. 28, July 13, 2024
A person appointed to fill a vacancy in the office of
						coroner who has never taken the Basic Education Course and passed the
						examination shall attend the next scheduled course and pass the examination
						given at its conclusion. The failure to meet the basic education requirement
						will result in a vacancy in the office.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › BASIC EDUCATION COURSE › Section 199.30 - Appointments made more than 6 months prior to course

Current through Register Vol. 54, No. 28, July 13, 2024
When a chief deputy coroner or full-time deputy is
						appointed more than 6 months before the next scheduled Basic Education Course,
						the coroner making the appointment shall apply to the Board for an extension of
						time in which the deputy may take the required course.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › CONTINUING EDUCATION › Section 199.41 - Continuing education

Current through Register Vol. 54, No. 28, July 13, 2024
Coroners and deputy coroners are required to obtain a
						minimum of 8 hours of continuing education credits in each calendar year.
						Continuing education credits are to be obtained in subject areas relevant to
						the statutorily defined duties of coroners and deputy
						coroners.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › CONTINUING EDUCATION › Section 199.42 - Approval of course for continuing education credit

Current through Register Vol. 54, No. 28, July 13, 2024
Persons seeking to have a course approved for continuing
						education credit shall submit a course approval application form to the
						chairperson of the Board at least 90 days prior to the date of instruction.
						Approval will not be given retroactively.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › CONTINUING EDUCATION › Section 199.43 - Standards for course approval

Current through Register Vol. 54, No. 28, July 13, 2024
In evaluating the suitability of a course proposed for
						continuing education credit, the chairperson and the Board shall consider
						factors such as the relevancy of the course content to the duties of the
						coroner and the qualifications of the course instructors, including education
						and experience in the subject matter of the course.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › CONTINUING EDUCATION › Section 199.44 - Approval by chairperson

Current through Register Vol. 54, No. 28, July 13, 2024
The chairperson of the Board has the right to approve
						courses for continuing education credits subject to ratification by the
						Board.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › CONTINUING EDUCATION › Section 199.45 - Board ratification

Current through Register Vol. 54, No. 28, July 13, 2024
Continuing education courses approved by the chairperson
						of the Board will be proposed for Board ratification at the next regularly
						scheduled Board meeting.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › CONTINUING EDUCATION › Section 199.46 - Approval by simple majority

Current through Register Vol. 54, No. 28, July 13, 2024
Concurrence by a simple majority of the Board is needed
						to ratify the chairperson's approval of a course for continuing
						education.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › CONTINUING EDUCATION › Section 199.47 - Unit of credit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Attendees at approved continuing education courses will be granted 1 hour of
					 continuing education credit for 1 hour of instruction. Credit in excess of 8
					 hours will not be given.
(b)
					 Teachers at an approved continuing education course will be granted 1 hour of
					 continuing education credit for each hour of instruction. Credit in excess of 8
					 hours will not be given.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › CONTINUING EDUCATION › Section 199.48 - Continuing education for persons required to attend Basic Education Course

Current through Register Vol. 54, No. 28, July 13, 2024
Within the first year of election or appointment, persons
						required to complete the Basic Education Course shall also obtain 8 hours of
						continuing education.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › CONTINUING EDUCATION › Section 199.49 - Failure of coroner to meet continuing education requirements

Current through Register Vol. 54, No. 28, July 13, 2024
When a person holding the office of coroner fails to meet
						yearly continuing education requirements, the Board will notify the Governor,
						in writing, following the last Board meeting of the calendar
						year.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › CONTINUING EDUCATION › Section 199.50 - Failure of chief deputy coroner or full-timer deputy coroner to meet continuing education requirements

Current through Register Vol. 54, No. 28, July 13, 2024
When a chief deputy coroner or full-time deputy coroner
						fails to meet yearly continuing education requirements, the Board will notify
						the coroner of the proper county and the county commissioners or county
						executive, as appropriate. The notification will be made in writing following
						the last Board meeting of the year.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › CONTINUING EDUCATION › Section 199.51 - Requirements for reappointees to vacancies

Current through Register Vol. 54, No. 28, July 13, 2024
If a coroner reappoints a chief deputy or full-time
						deputy to a vacancy created by that individual's failure to meet the yearly
						continuing education requirement, the Board will deem that individual to be
						newly appointed and subject to §
											199.21 (relating to general
						requirement).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › RESPONSIBILITY OF EDUCATION PROVIDERS › Section 199.61 - Statement of Board approval

Current through Register Vol. 54, No. 28, July 13, 2024
Course providers may not represent that a course has been
						approved for continuing education requirements unless written authorization has
						been received from the Board.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › RESPONSIBILITY OF EDUCATION PROVIDERS › Section 199.62 - Verification of attendance

Current through Register Vol. 54, No. 28, July 13, 2024
Course providers are responsible for taking attendance,
						verifying attendance upon Board request and notifying course attendees of
						approved hours of credit.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › RESPONSIBILITY OF EDUCATION PROVIDERS › Section 199.63 - Certificate of attendance

Current through Register Vol. 54, No. 28, July 13, 2024
Course providers are responsible for providing a written
						certificate of attendance to the attendee indicating course title and date, the
						name of course provider and the number of hours of approved credit
						earned.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › RESPONSIBILITY OF EDUCATION PROVIDERS › Section 199.64 - Notification to Board

Current through Register Vol. 54, No. 28, July 13, 2024
Course providers shall submit to the Board a list of all
						course attendees with the number of credit hours earned, within 60 days of
						completion of the course.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › REGISTRATION OF CORONERS AND DEPUTIES › Section 199.71 - Board to maintain current list

Current through Register Vol. 54, No. 28, July 13, 2024
The Board will maintain a list of all currently elected
						coroners.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart M - Coroners › Chapter 199 - CORONER'S EDUCATION BOARD › REGISTRATION OF CORONERS AND DEPUTIES › Section 199.72 - Coroners' duty to notify Board

Current through Register Vol. 54, No. 28, July 13, 2024
Coroners shall provide the Board with the names of all
						chief deputy coroners and full-time deputy coroners within 30 days of their
						appointment. Coroners shall notify the Board within 30 days of the departure of
						chief deputy and full-time deputy coroners. Notification shall be made in
						writing addressed to Chairperson, Coroners' Education Board, c/o Office of
						Attorney General, 16th Floor Strawberry Square, Harrisburg, Pennsylvania
						17120.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter A - STANDARDS GOVERNING THE USE OF SECURE DETENTION UNDER THE JUVENILE ACT › Preamble

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of Pennsylvania's juvenile justice system is
						to provide programs of supervision, care and rehabilitation which are
						consistent with the protection of the public interest and which provide
						balanced attention to the protection of the community, the imposition of
						accountability for offenses committed and the development of competencies to
						enable juveniles who come within the jurisdiction of the court to become
						responsible and productive members of the community.
Secure detention services must be understood within the
						context of the services available within the juvenile justice system, and
						within the broader context of the purpose of the system, and of the juvenile
						justice process. A juvenile admitted to a juvenile detention center is provided
						access to a wide range of services, custody, supervision and
						assessments.
The 'Standards Governing the Use of Secure Detention
						Under The Juvenile Act'' adopted by the Juvenile Court Judges' Commission were
						developed with an understanding that overcrowding in juvenile detention centers
						presents danger to both residents and staff and can severely disrupt programs
						and services. Consequently, juvenile court judges and chief juvenile probation
						officers should take a leadership role in advocating for adequate juvenile
						detention services and alternatives, in monitoring detention center populations
						at the local level, and in developing strategies to be undertaken as facilities
						approach capacity.
These standards were also developed on the premise that
						decisions regarding admissions to secure detention facilities must be based on
						a commitment to utilize the most appropriate level of care consistent with the
						circumstances of the individual case. When the admission of a juvenile to a
						secure detention facility is being considered by a judge, master or juvenile
						probation officer, preference should be given to nonsecure alternatives which
						could reduce the risk of flight or danger to the juvenile or
						community.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter A - STANDARDS GOVERNING THE USE OF SECURE DETENTION UNDER THE JUVENILE ACT › Section 200.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) These standards
					 shall be applied in determining whether a juvenile who is alleged to be or has
					 been found to be delinquent may be detained. A juvenile who is alleged to be or
					 has been found to be a dependent child may not be detained in a secure
					 detention facility unless the child is also alleged to be or has been found to
					 be delinquent.
(b) Even though
					 eligibility criteria may indicate that a particular juvenile may be detained,
					 detention is not mandatory. In every situation in which secure detention is to
					 be considered, forms of control short of secure detention which could
					 substantially reduce the risk of flight or danger to the juvenile or the
					 community shall be given preference.
(c) Preadjudication detention may never be
					 imposed as a means of punishment or to apply sanctions.
(d) Secure detention is not to be used when a
					 juvenile alleged to be delinquent cannot be released solely because there is no
					 parent, guardian or custodian able to assume responsibility or adequately
					 supervise the juvenile.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter A - STANDARDS GOVERNING THE USE OF SECURE DETENTION UNDER THE JUVENILE ACT › Section 200.2 - Statement of reasons requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If secure detention is ordered or
					 authorized, except as provided in subsections (b) and (c), whether at intake or
					 at a detention or other hearing before a juvenile court judge or juvenile court
					 master, a contemporaneous written statement of reasons and facts shall
					 accompany the detention decision specifying the following:
(1) There is a reasonable basis to believe
					 that the juvenile has committed the act for which he is being detained-in the
					 case of judicial authorities, that probable cause exists-and that the juvenile
					 is not excluded from the jurisdiction of juvenile court by age or another
					 reason.
(2) The juvenile's
					 detention is permitted under this subchapter.
(3) The alternatives to secure detention
					 which were considered and rejected.
(4) The reason or reasons why secure
					 detention is required and alternatives are not appropriate. Separate reasons
					 need not be given for each alternative considered.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter A - STANDARDS GOVERNING THE USE OF SECURE DETENTION UNDER THE JUVENILE ACT › Section 200.4 - Detention required because the juvenile may abscond or be removed from the jurisdiction of the court

Current through Register Vol. 54, No. 28, July 13, 2024
A juvenile may not be detained in secure detention under
						42 Pa.C.S. §§
												6325,
						6326 and
						6331 (relating to
						detention of child; release or delivery to court; and release from detention or
						commencement of proceedings) because the juvenile may abscond or be removed
						from the jurisdiction of the court unless one of the following occurs:
(1) The juvenile is an absconder from an
					 institution or other placement to which the juvenile was committed as a result
					 of a previous adjudication of delinquency.
(2) The juvenile has willfully failed to
					 appear at the hearing on the petition or other hearing after having been served
					 with a court order or summons to appear.
(3) The juvenile has a recent demonstrable
					 record of willful failure to appear at previous juvenile proceedings.
(4) The juvenile has been verified to be a
					 fugitive from another jurisdiction, an official from which has requested that
					 the juvenile be detained.
(5) The
					 juvenile absconded from secure detention, shelter care, in-home detention,
					 house arrest or other nonsecure placement, or while subject to electronic
					 monitoring, ordered or authorized pending a court hearing or
					 placement.
(6) The juvenile
					 presents extraordinary circumstances requiring secure detention to prevent the
					 juvenile from absconding. The circumstances may include, but are not limited
					 to, the juvenile's age, character, mental condition, ties to the community, the
					 nature of the juvenile's family relationships, drug or alcohol addiction or
					 substance abuse.
This section cited in 37 Pa. Code §
													200.4 (relating to detention
						  required because the juvenile may abscond or be removed from the juristiction
						  of the court); and 37 Pa. Code §
													200.7 (relating to postdisposition
						  detention awaiting placement).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter A - STANDARDS GOVERNING THE USE OF SECURE DETENTION UNDER THE JUVENILE ACT › Section 200.5 - Detention required because the juvenile has no parent, guardian or custodian

Current through Register Vol. 54, No. 28, July 13, 2024
A juvenile may not be detained in secure detention under
						42 Pa.C.S. §§
												6325,
						6326 and
						6331 (relating to
						detention of child; release or delivery to court; and release from detention or
						commencement of proceedings) solely because the juvenile has no parent,
						guardian, custodian or other person able to provide supervision and care and
						capable of returning the juvenile to the court when required.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter A - STANDARDS GOVERNING THE USE OF SECURE DETENTION UNDER THE JUVENILE ACT › Section 200.6 - Postadjudication detention pending disposition

Current through Register Vol. 54, No. 28, July 13, 2024
A juvenile whom the court has found to have committed the
						act by reason of which the juvenile was alleged to be delinquent or whom the
						court has found to be delinquent may not be held in secure detention pending
						disposition unless one of the following exists:
(1) The adjudication or finding was based on
					 an offense for which detention was or could have been authorized or ordered
					 under §
											200.3 (relating to detention
					 required to protect the person or property of others or of the
					 juvenile).
(2) The juvenile was
					 initially detained, was eligible for detention, or, based on more recent
					 information, would now be eligible for detention under §
											200.4 (relating to detention
					 required because the juvenile may abscond or be removed from the jurisdiction
					 of the court) and the court determines detention to be required.
(3) The court has determined that placement
					 of the juvenile at disposition is probable and continued detention is required
					 prior to disposition based upon consideration of the following factors:
(i) The nature of the substantiated
					 offense.
(ii) The juvenile's
					 employment and student status.
(iii) The nature of the juvenile's family
					 relationships.
(iv) The juvenile's
					 past and present residences.
(v)
					 The juvenile's age, character, mental condition, previous juvenile record, and
					 drug or alcohol addiction or substance abuse.
(vi) If the juvenile has previously been
					 released pending a court proceeding, whether the juvenile appeared as
					 required.
(vii) Other facts
					 relevant to whether the juvenile has strong ties with the community or is
					 likely to flee the jurisdiction.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter A - STANDARDS GOVERNING THE USE OF SECURE DETENTION UNDER THE JUVENILE ACT › Section 200.7 - Postdisposition detention awaiting placement

Current through Register Vol. 54, No. 28, July 13, 2024
A delinquent juvenile whom the court has committed to an
						institution or other placement, who was otherwise ordered removed from his home
						at disposition may not be held in secure detention pending transfer to the
						placement unless one of the following exists:
(1) The juvenile was found to be delinquent
					 on the basis of an offense for which detention would be permitted under §
											200.3 (relating to detention
					 required to protect the person or property of others or of the
					 juvenile).
(2) The juvenile was
					 initially detained, was eligible for detention, or based on more recent
					 information, would now be eligible for detention, under §
											200.4 (relating to detention
					 required because the juvenile may abscond or be removed from the jurisdiction
					 of the court).
(3) The juvenile is
					 awaiting placement in a Youth Development Center secure unit or other secure
					 residential treatment program.
(4)
					 The juvenile is awaiting placement and the court has determined that secure
					 detention is required pending transfer to the placement based upon
					 consideration of the factors delineated in §
											200.6(3)
					 (relating to postadjudication detention pending disposition).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter A - STANDARDS GOVERNING THE USE OF SECURE DETENTION UNDER THE JUVENILE ACT › Section 200.8 - Detention pending or subsequent to a dispositional review proceeding

Current through Register Vol. 54, No. 28, July 13, 2024
A juvenile may not be detained in secure detention
						pending or subsequent to a dispositional review proceeding unless one of the
						following occurs:
(1) The juvenile is
					 in placement or is awaiting transfer to a Youth Development Center secure unit
					 or other secure residential treatment program.
(2) The juvenile was returned from placement
					 for failure to adjust.
(3) Secure
					 detention is otherwise required based upon consideration of the factors
					 delineated in §
											200.6(3)
					 (relating to postadjudication detention pending disposition).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter A - STANDARDS GOVERNING THE USE OF SECURE DETENTION UNDER THE JUVENILE ACT › Section 200.9 - Authorization for detention in cases of extraordinary and exceptional circumstances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 juvenile may be detained in secure detention even if this subchapter does not
					 otherwise authorize detention if the following are met:
(1) The facts present extraordinary and
					 exceptional circumstances which require the use of secure detention.
(2) A statement of reasons accompanying the
					 detention includes an explanation of why an exception was warranted and why
					 nonsecure options were rejected.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter B - STANDARDS GOVERNING HEARINGS AND ADMINISTRATIVE REVIEWS FOR JUVENILES HELD IN SECURE DETENTION › Section 200.101 - Preadjudication detention. (See Pa.R.J.C.P. 242(D), 391 and 404(A))

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 72 hours
					 of the admission of a juvenile to secure detention, the informal detention
					 hearing shall be held.
(b) If a
					 juvenile remains detained after the hearing, a petition shall be filed with the
					 clerk of courts within 24 hours or the next court business day.
(c) If a juvenile is detained, an
					 adjudication hearing shall be held no later than 10 days after the filing of
					 the petition.
(d) Except as
					 provided in paragraphs (1) and (2), if the adjudicatory hearing is not held or
					 notice of request for transfer is not submitted within the 10-day period, the
					 juvenile shall be released.
(1) A juvenile may
					 be detained for an additional single period not to exceed 10 days when the
					 court determines that the following exist:
(i)
					 Evidence material to the case is unavailable.
(ii) Due diligence to obtain the evidence has
					 been exercised.
(iii) There are
					 reasonable grounds to believe that the evidence will be available at a later
					 date.
(iv) The detention of the
					 juvenile would be warranted.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter B - STANDARDS GOVERNING HEARINGS AND ADMINISTRATIVE REVIEWS FOR JUVENILES HELD IN SECURE DETENTION › Section 200.102 - Postadjudication/predisposition detention. (See Pa.R.J.C.P. 510)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 20 days of a finding by the court
					 that a juvenile has committed a delinquent act, a dispositional hearing or a
					 hearing to determine the need for continued secure detention shall be
					 held.
(b) Within 20 days of this
					 hearing, if the dispositional hearing has not been held or a final
					 dispositional order entered, a hearing shall be held to review the status of
					 the case and to determine the need for continued secure detention.
(c) Until a disposition or a specific
					 placement is ordered by the court, the court shall hold a hearing by the 20th
					 day from the most recent court proceeding to review the status of the case and
					 to determine the need for continued secure detention.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter B - STANDARDS GOVERNING HEARINGS AND ADMINISTRATIVE REVIEWS FOR JUVENILES HELD IN SECURE DETENTION › Section 200.103 - Postdisposition/preplacement detention

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
					 the 10th and 20th days from the most recent court proceeding, the court or
					 designee shall administratively review the status of the case and determine the
					 need for continued secure detention.
(b) Within 30 days of the most recent court
					 proceeding, a hearing shall be held to review the status of the case and to
					 determine the need for continued secure detention.
(c) Subsequent administrative reviews and
					 hearings shall continue to be held pursuant to these time frames until the
					 child is admitted to a dispositional placement or is otherwise released from
					 secure detention.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter B - STANDARDS GOVERNING HEARINGS AND ADMINISTRATIVE REVIEWS FOR JUVENILES HELD IN SECURE DETENTION › Section 200.104 - Detention pending a dispositional review proceeding for failure to adjust in placement. (See Pa.R.J.C.P. 605 and 610)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 72 hours of the admission of a
					 juvenile to secure detention, an informal detention hearing shall be
					 held.
(b) Within 20 days of the
					 most recent court proceeding, or from the date of admission to secure detention
					 if no informal detention hearing was required, the dispositional review hearing
					 or a hearing to determine the need for continued secure detention shall be
					 held.
(c) Until a specific
					 dispositional order is entered, the court shall hold a hearing by the 20th day
					 from the most recent court proceeding to review the status of the case and to
					 determine the need for continued secure detention.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter B - STANDARDS GOVERNING HEARINGS AND ADMINISTRATIVE REVIEWS FOR JUVENILES HELD IN SECURE DETENTION › Section 200.105 - Detention pending a dispositional review proceeding for violation of probation. (See PA.R.J.C.P. 605, 610 and 612)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 72 hours of the admission of a
					 juvenile to secure detention for a violation of probation, an informal
					 detention hearing shall be held.
(b) Within 10 days of the informal detention
					 hearing, a hearing on the motion to modify or revoke probation shall be
					 held.
(c) Unless a new
					 dispositional order is entered, a hearing to determine the need for continued
					 secure detention shall be held within 20 days of the hearing on the motion to
					 modify or revoke probation.
(d)
					 Until a new dispositional order is entered, the court shall hold a hearing by
					 the 20th day from the most recent court proceeding to review the status of the
					 case and to determine the need for continued secure detention.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter B - STANDARDS GOVERNING HEARINGS AND ADMINISTRATIVE REVIEWS FOR JUVENILES HELD IN SECURE DETENTION › Section 200.106 - Detention subsequent to an order resulting from a dispositional review proceeding, where a specific placement or disposition has been ordered

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the 10th and
					 20th days from the most recent court proceeding, the court or designee shall
					 administratively review the status of the case and determine the need for
					 continued secure detention.
(b)
					 Within 30 days of the most recent court proceeding, a hearing shall be held to
					 review the status of the case and to determine the need for continued secure
					 detention.
(c) Subsequent hearings
					 and reviews shall be held pursuant to these time frames until the juvenile is
					 admitted to a dispositional placement, or is otherwise released from secure
					 detention.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart N - Juvenile Court Judges' Commission › Chapter 200 - JUVENILE COURT JUDGES' COMMISSION › Subchapter B - STANDARDS GOVERNING HEARINGS AND ADMINISTRATIVE REVIEWS FOR JUVENILES HELD IN SECURE DETENTION › Section 200.107 - Responsibility of probation officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The chief juvenile probation officer or
					 designee shall provide to the court information necessary to ensure that
					 juveniles placed in secure detention have the continued appropriateness of
					 their detention determined by the court in accordance with this
					 subchapter.
(b) Note: An
					 administrative review of a case should entail consideration of the information
					 relevant to an understanding of why the juvenile is being held in secure
					 detention, whether secure detention services or an alternative thereto continue
					 to be required and what must occur to enable the juvenile to be released or
					 transferred to another facility. It is not intended that the juvenile be
					 present during these reviews.
(c)
					 Administrative reviews should serve to minimize delays in the release or
					 transfer of a juvenile by helping to ensure that individuals are carrying out
					 their respective responsibilities related to the juvenile's case. At the
					 conclusion of each review, the juvenile's anticipated date of release or
					 transfer should be noted, together with the date of the next administrative
					 review or hearing and any actions which are to occur prior thereto.
					 Administrative reviews are to be documented in the juvenile's case file or
					 record.