reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 4 - ADJUDICATORY HEARING › Rule 406 - Adjudicatory Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Manner of hearing
.
1) The
				  court shall conduct the adjudicatory hearing without a jury, in an informal but
				  orderly manner.
2) The attorney for
				  the Commonwealth shall:
a) attend the hearing;
				  and
b) have the burden of
				  establishing beyond a reasonable doubt that the juvenile committed the
				  delinquent act(s).
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 4 - ADJUDICATORY HEARING › Rule 407 - Admissions

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Admissions.
At any time after a petition is filed, the
				  juvenile may tender an admission to some or all of the delinquent acts charged.
1
Requirements.
a) Before the court can accept an admission,
				  the court shall determine that the admission is knowingly, intelligently, and
				  voluntarily made.
b) As a part of
				  this determination, the court shall ensure:
i
				  an attorney has reviewed and completed the admission colloquy with the juvenile
				  pursuant to paragraph (C); and
ii
				  there is a factual basis for the admission.
c) At the hearing, the court shall conduct an
				  independent inquiry with the juvenile to determine:
i whether the juvenile understands the nature
				  of the allegations to which he or she is admitting and understands what it
				  means to admit;
ii whether the
				  juvenile understands that he or she has the right to a hearing before the judge
				  and understands what occurs at a hearing;
iii whether the juvenile is aware of the
				  dispositions that could be imposed and the consequences of an adjudication of
				  delinquency that can result from an admission;
iv whether the juvenile has any questions
				  about the admission; and
v whether
				  there are any other concerns apparent to the court after such inquiry that
				  should be answered.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 4 - ADJUDICATORY HEARING › Rule 408 - Ruling on Offenses

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Entered finding.
Within seven days of hearing the evidence on
				  the petition or accepting an admission under Rule 407, the court shall enter a
				  finding by specifying which, if any, offenses, including grading and counts,
				  alleged in the petition were committed by the juvenile.
B.
Did not commit acts.
1) If the court finds the juvenile committed
				  none of the alleged delinquent acts, the court shall dismiss the petition and
				  release the juvenile, if detained, unless there are other grounds for the
				  juvenile's detention.
2) The court
				  shall order,
sua sponte
, the expungement of the record and
				  destruction of fingerprints and photographs related to the dismissed petition
				  pursuant to
				  18 Pa.C.S. §
												9123(a)(1),
				  42 Pa.C.S. § 6308,
				  and Rule 170(A).
3) Absent cause
				  shown, the court shall expunge or destroy the records, fingerprints, and
				  photographs.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 4 - ADJUDICATORY HEARING › Rule 409 - Adjudication of Delinquency

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Adjudicating the Juvenile Delinquent
. Once the court has ruled
				  on the offenses as provided in Rule 408, the court shall conduct a hearing to
				  determine if the juvenile is in need of treatment, supervision, or
				  rehabilitation.
1)
Not in
				  Need.
If the court determines that the juvenile is not in need of
				  treatment, supervision, or rehabilitation, the court shall enter an order
				  providing that:
a) the petition shall be
				  dismissed and the juvenile shall be released, if detained, unless there are
				  other reasons for the juvenile's detention; and
b) any records, fingerprints, and photographs
				  taken shall be expunged or destroyed.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 4 - ADJUDICATORY HEARING › Rule 415 - Challenge to the Weight of the Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Timing and Manner.
A
				  claim that a ruling on the offense or an adjudication of delinquency was
				  against the weight of the evidence shall be raised with the juvenile court
				  judge:
1) by oral motion, on the record, at
				  any time after the ruling or adjudication and before disposition;
2) by written motion at any time after the
				  ruling or adjudication and before disposition; or
3) in a post-dispositional motion pursuant to
				  Rule 620(A)(1).
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 5 - DISPOSITIONAL HEARING › Part A - SUMMONS AND NOTICE OF THE DISPOSITIONAL HEARING › Rule 500 - Summons and Notice of the Dispositional Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Summons
. The court shall
					 issue a summons compelling the juvenile and the juvenile's guardian to appear
					 for the dispositional hearing.
B.
Notice
. Notice of the dispositional hearing shall be given to:
1) The attorney for the
					 Commonwealth;
2) The
					 victim;
3) The juvenile's
					 attorney;
4) The juvenile probation
					 office; and
5) The educational
					 decision maker, if applicable.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 5 - DISPOSITIONAL HEARING › Part B - DISPOSITIONAL HEARING AND AIDS › Rule 510 - Prompt Dispositional Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A.
General rule.
1)
Juvenile is detained
. If the juvenile is detained, the
					 dispositional hearing shall be held no later than twenty days after the ruling
					 on the offenses under Rule 408.
2)
Juvenile not detained
. If the juvenile is not detained, the
					 dispositional hearing shall be held no later than sixty days after ruling on
					 the offenses pursuant to Rule 408.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 5 - DISPOSITIONAL HEARING › Part B - DISPOSITIONAL HEARING AND AIDS › Rule 512 - Dispositional Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Manner of Hearing
. The court shall conduct the dispositional
					 hearing in an orderly manner.
1)
Evidence
. The court shall receive any oral or written evidence
					 from both parties and the juvenile probation officer that is helpful in
					 determining disposition, including evidence that was not admissible at the
					 adjudicatory hearing.
2)
Opportunity to be heard
. Before deciding disposition, the
					 court shall give the juvenile and the victim an opportunity to be
					 heard.
3)
Advanced
					 communication technology.
A court may utilize advanced communication
					 technology pursuant to Rule 129 for the appearance of the juvenile or the
					 witness only if the parties consent.
4)
Prosecutor's presence.
The attorney for the Commonwealth shall attend the hearing.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 5 - DISPOSITIONAL HEARING › Part B - DISPOSITIONAL HEARING AND AIDS › Rule 513 - Aids in Disposition

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Social Study
.
1) The court
					 may order the preparation of a social study in any case to aid in the decision
					 for disposition.
2) If a social
					 study is ordered, the study shall address any educational, health care, and
					 disability needs of the juvenile.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 5 - DISPOSITIONAL HEARING › Part B - DISPOSITIONAL HEARING AND AIDS › Rule 515 - Dispositional Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
When the court enters a disposition after an
					 adjudication of delinquency pursuant to Rule 409(A)(2), the court shall issue a
					 written order in accordance with
					 42 Pa.C.S. §
												6352,
					 which the court has determined to be consistent with the protection of the
					 public interest and best suited to the child's treatment, supervision,
					 rehabilitation and welfare, which disposition shall, as appropriate to the
					 individual circumstances of the child's case, provide balanced attention to the
					 protection of the community, accountability for the offenses committed, and
					 development of the juvenile's competencies to enable the juvenile to become a
					 responsible and productive member of the community. The order shall include:
(1) the court's findings pursuant to Rule
					 512(D), including any conditions of probation that, if not enumerated in the
					 order, shall be attached to the order;
(2) a designation whether the case is
					 eligible pursuant to
					 42 Pa.C.S. §
													6307(b)(1.1)(i) for limited
					 public information;
(3) a directive
					 that the juvenile shall submit to fingerprinting and photographing by, or
					 arranged by, the law enforcement agency that submitted the written allegation
					 in all cases in which the juvenile has not previously been fingerprinted or
					 photographed;
(4) the date of the
					 order; and
(5) the signature and
					 printed name of the judge entering the order.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 5 - DISPOSITIONAL HEARING › Part B - DISPOSITIONAL HEARING AND AIDS › Rule 516 - Service of the Dispositional Order

Current through Register Vol. 54, No. 28, July 13, 2024
Upon entry of the disposition, the court shall issue a
						dispositional order and the order shall be served promptly upon:
1) the juvenile;
2) the juvenile's guardian;
3) the juvenile's attorney;
4) the attorney for the
					 Commonwealth;
5) the juvenile
					 probation officer;
6) any agency
					 directed to provide treatment; and
7) any other person as ordered by the
					 court.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 6 - POST-DISPOSITIONAL PROCEDURES › Part A - SUMMONS AND NOTICE › Rule 600 - Summons and Notice of the Commitment Review, Dispositional Review, and Probation Revocation Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Summons
. The court shall issue a summons compelling the
					 juvenile and the juvenile's guardian to appear for the commitment review,
					 dispositional review, or probation revocation hearing.
B.
Notice
. Notice of the
					 hearing shall be given to:
1) The attorney
					 for the Commonwealth;
2) The
					 juvenile's attorney;
3) The
					 juvenile probation office;
4) The
					 placement facility staff, if the juvenile is in placement; and
5) The educational decision maker, if
					 applicable.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 6 - POST-DISPOSITIONAL PROCEDURES › Part B - MODIFICATIONS AND REVIEWS › Rule 605 - Detaining Juvenile for Modification of the Dispositional Order or Violation of Probation

Current through Register Vol. 54, No. 28, July 13, 2024
A. A
					 juvenile may be detained for a modification of a dispositional order or a
					 violation of probation by:
1) The filing of a
					 motion for modification of the dispositional order;
2) The anticipated filing of a motion for
					 modification of the dispositional order within twenty-four hours of the
					 juvenile's detention; or
3) The
					 filing of a motion alleging probation violations.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 6 - POST-DISPOSITIONAL PROCEDURES › Part B - MODIFICATIONS AND REVIEWS › Rule 610 - Dispositional and Commitment Review

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Dispositional Review
					 Hearing
. The court shall review its disposition and conduct
					 dispositional review hearings for the purpose of ensuring that the juvenile is
					 receiving necessary treatment and services and that the terms and conditions of
					 the disposition are being met.
1) In all
					 cases, the court shall conduct dispositional review hearings at least every six
					 months.
2) In all cases, the
					 juvenile shall appear in person at least once a year.
3) The court may schedule a review hearing at
					 any time.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 6 - POST-DISPOSITIONAL PROCEDURES › Part B - MODIFICATIONS AND REVIEWS › Rule 612 - Modification or Revocation of Probation

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Filing
. A motion to
					 modify or revoke probation shall be filed in accordance with Rule
					 345.
B.
Time of Hearing on
					 the Motion
.
1) If the juvenile is
					 detained, the hearing on the motion shall be held within ten days of the
					 detention hearing.
2) If the
					 juvenile is not detained, the hearing on the motion shall be held
					 promptly.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 6 - POST-DISPOSITIONAL PROCEDURES › Part C - MOTIONS AND NUNC PRO TUNC RELIEF › Rule 620 - Post-Dispositional Motions

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Optional Post-Dispositional Motion.
1) A party shall have the right to file a
					 post-dispositional motion. All requests for relief from the court shall be
					 stated with specificity and shall be consolidated in the post-dispositional
					 motion.
2) Claims properly raised
					 before or during the adjudicatory hearing shall be deemed issues preserved for
					 appeal whether or not the party elects to file a post-dispositional motion on
					 those claims.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 6 - POST-DISPOSITIONAL PROCEDURES › Part C - MOTIONS AND NUNC PRO TUNC RELIEF › Rule 622 - Motion for Nunc Pro Tunc Relief

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Timing.
A motion for
nunc pro tunc
relief
					 shall be filed by the juvenile with the clerk of courts in the court in which
					 the alleged error occurred as soon as possible but no later than sixty days
					 after the date that the error was made known.
B.
Counsel.
If alleged
					 ineffective assistance of counsel is the basis for the motion, counsel is to
					 withdraw pursuant to Rule 150(C) and the judge shall assign new
					 counsel.
C.
Contents of
					 Motion.
A motion for relief under this rule shall include:
1) the name of the juvenile and case docket
					 number;
2) the location of the
					 juvenile;
3) the delinquent act(s)
					 for which the juvenile was adjudicated delinquent;
4) if ineffective assistance of counsel is
					 alleged, the name of counsel who allegedly rendered ineffective
					 assistance;
5) the relief
					 requested;
6) a statement that one
					 of the following requirements for the relief has been met:
a) there is a need for correction of an error
					 to accurately reflect the court's findings; or
b) allegations that:
1) the juvenile has been adjudicated
					 delinquent and is under the court's supervision;
2) there is a legitimate basis for the relief
					 requested; and
3) there are
					 sufficient facts upon which to conclude the delay was justified and should be
					 overlooked in the interest of justice;
7) the facts supporting the grounds for
					 relief and sufficient facts to support any delay in filing the motion for
					 relief that:
a) appear in the record, and the
					 place in the record where they appear; and
b) do not appear in the record, and an
					 identification of any affidavits, documents, and other evidence showing such
					 facts;
8) whether the
					 grounds for the relief requested were raised before, and if so, at what stage
					 of the proceedings;
9) a
					 verification that the facts set forth in the motion are true and correct to the
					 best of the movant's personal knowledge or information and belief and that any
					 false statements are made subject to the penalties of the Crimes Code,
					 18 Pa.C.S. §
													4904,
					 relating to unsworn falsification to authorities;
10) if applicable, any request for an
					 evidentiary hearing, including:
a) a signed
					 certification by counsel as to each intended witness, stating the:
i) witness's name;
ii) witness's address;
iii) witness's date of birth; and
iv) the substance of the witness's testimony;
					 and
b) any documents
					 material to the witness's testimony, attached to the motion;
					 and
11) if applicable, any
					 request for discovery.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 6 - POST-DISPOSITIONAL PROCEDURES › Part C - MOTIONS AND NUNC PRO TUNC RELIEF › Rule 625 - Hearing and Findings on Motion for Nunc Pro Tunc Relief

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Hearing.
1) The judge may grant an evidentiary hearing
					 to resolve material questions of fact.
2) The hearing shall be conducted as soon as
					 possible but no later than thirty days after the filing of the motion for
nunc pro tunc
relief unless, upon good cause shown, the judge
					 determines more time is necessary for investigation and preparation.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 6 - POST-DISPOSITIONAL PROCEDURES › Part C - MOTIONS AND NUNC PRO TUNC RELIEF › Rule 628 - Order of Court on Motion for Nunc Pro Tunc Relief

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Order by court.
The court
					 order shall:
1) state the judge's findings
					 and conclusions of law;
2) provide
					 for appropriate relief and supplementary orders or modifications of the
					 dispositional order as to:
a) The detention of
					 the juvenile;
b) whether a new
					 adjudicatory hearing is granted;
c)
					 correction of the adjudication of delinquency;
d) correction of the disposition;
e) termination of court supervision;
					 and/or
f) other matters that are
					 appropriate.
3) include a
					 statement explaining the right to appeal from the final order disposing of the
					 motion, and of the time within which the appeal must be taken.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 6 - POST-DISPOSITIONAL PROCEDURES › Part D - CESSATION OF COURT JURISDICTION OR SUPERVISION › Rule 630 - Loss of Court Jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
When the juvenile has attained the age of twenty-one, the
						court shall enter an order terminating court supervision of the
						juvenile.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 6 - POST-DISPOSITIONAL PROCEDURES › Part D - CESSATION OF COURT JURISDICTION OR SUPERVISION › Rule 631 - Termination of Court Supervision

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Notice
. The juvenile probation officer shall promptly notify
					 the court when the conditions of probation have been satisfied. The court shall
					 decide if supervision should be terminated. The notice shall set forth:
1) The juvenile has completed the terms of
					 the court's dispositional order;
2)
					 Restitution, fines, and costs have been paid in full; and
3) The juvenile has not committed any new
					 offenses in which a criminal proceeding or proceeding governed by the Juvenile
					 Act,
					 42 Pa.C.S. §
													6301
et seq.
, may be commenced.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 6 - POST-DISPOSITIONAL PROCEDURES › Part D - CESSATION OF COURT JURISDICTION OR SUPERVISION › Rule 632 - Early Termination of Court Supervision by Motion

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Motion
. Any party may
					 move for early termination of court supervision. The motion shall state with
					 specificity why early termination is sought and why the requirements of Rule
					 631(A) have not been met.
B.
Notice
.
1) In addition to
					 the service requirements of Rule 345, any party moving for early termination
					 shall serve the motion on the juvenile probation officer.
2) The victim shall be provided notice of the
					 motion for early termination of court supervision.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Rule 1100 - Scope of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
A.
				  These rules shall govern dependency proceedings in all courts. Unless otherwise
				  specifically provided, these rules shall not apply to orphans' court, domestic
				  relations and delinquency proceedings.
B. Each of the courts exercising dependency
				  jurisdiction, as provided in the Juvenile Act,
				  42 Pa.C.S. §
											6301
et seq.
, may adopt local rules of procedure in accordance with
				  Rule 1121.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Rule 1101 - Purpose and Construction

Current through Register Vol. 54, No. 28, July 13, 2024
A.
				  These rules are intended to provide for the just determination of every
				  dependency proceeding.
B. These
				  rules establish uniform practice and procedure for courts exercising
				  jurisdiction as provided in the Juvenile Act,
				  42 Pa.C.S. §
											6301
et seq.
, and shall be construed to secure uniformity and
				  simplicity in procedure, fairness in administration, and the elimination of
				  unjustifiable expense and delay.
C.
				  These rules shall be interpreted and construed to effectuate the purposes
				  stated in the Juvenile Act,
				  42 Pa.C.S. §
											6301(b).
D. To the extent practicable, these rules
				  shall be construed in consonance with the rules of statutory
				  construction.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Rule 1102 - Citing the Juvenile Court Procedural Rules

Current through Register Vol. 54, No. 28, July 13, 2024
All juvenile court procedural rules adopted by the Supreme
					 Court of Pennsylvania under the authority of Article V § 10(c) of the
					 Constitution of Pennsylvania, adopted April 23, 1968, shall be known as the
					 Pennsylvania Rules of Juvenile Court Procedure and shall be cited as
					 "Pa.R.J.C.P."
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1120 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
ADULT is any person, other than a child, eighteen years
						old or older.
ADVANCED COMMUNICATION TECHNOLOGY is any communication
						equipment that is used as a link between parties in physically separate
						locations and includes, but is not limited to, systems providing for two-way
						simultaneous audio-visual communication, closed circuit television, telephone
						and facsimile equipment, and electronic mail.
AGE-APPROPRIATE OR DEVELOPMENTALLY-APPROPRIATE is used to
						describe the:
1) activities or items
					 that are generally accepted as suitable for children of the same chronological
					 age or level of maturity or that are determined to be developmentally
					 appropriate for a child, based on the development of cognitive, emotional,
					 physical, and behavioral capacities that are typical for an age or age group;
					 or
2) in the case of a specific
					 child, activities or items that are suitable based on the developmental stages
					 attained by the child with respect to the cognitive, emotional, physical, and
					 behavioral capacities of the child.
AGGRAVATED CIRCUMSTANCES are those circumstances
						specifically defined pursuant to the Juvenile Act,
						42 Pa.C.S. §
												6302.
CAREGIVER is a person with whom the child is placed in an
						out-of-home placement, including a resource family or individual designated by
						a county agency or private agency. The resource family is the caregiver for any
						child placed with them.
CHILD is a person who:
1) is under the age of eighteen and is the
					 subject of the dependency petition; or
2) is under the age of twenty-one; and
a) was adjudicated dependent before reaching
					 the age of eighteen;
b) has
					 requested the court to retain jurisdiction; and
c) who remains under the jurisdiction of the
					 court or for whom jurisdiction has been resumed as a dependent child because
					 the court has determined that the child is one of the following:
i) completing secondary education or an
					 equivalent credential;
ii) enrolled
					 in an institution which provides postsecondary or vocational
					 education;
iii) participating in a
					 program actively designed to promote or remove barriers to
					 employment;
iv) employed for at
					 least eighty hours per month; or
v)
					 incapable of doing any of the activities as prescribed above in (2)(c)(i)-(iv)
					 due to a medical or behavioral health condition, which is supported by
					 regularly updated information in the permanency plan for the child.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1121 - Local Rules

Current through Register Vol. 54, No. 28, July 13, 2024
The requirements for the promulgation and amendment of
						local procedural rules for dependency proceedings are set forth in Pennsylvania
						Rule of Judicial Administration 103(d).
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1122 - Continuances

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Generally
. In the interests of justice, the court may grant a
					 continuance on its own motion or the motion of any party. On the record, the
					 court shall identify the moving party and state its reasons for granting or
					 denying the continuance.
B.
Notice and rescheduling
. If a continuance is granted, all
					 persons summoned to appear shall be notified of the date, place, and time of
					 the rescheduled hearing.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1123 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Contents
. A subpoena in a dependency case shall:
1) order the witness named to appear before
					 the court at the date, time, and place specified;
2) order the witness to bring any items
					 identified or described;
3) state
					 on whose behalf the witness is being ordered to testify; and
4) state the identity, address, and phone
					 number of the person who applied for the subpoena.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1124 - Summons

Current through Register Vol. 54, No. 28, July 13, 2024
A)
Requirements of the summons
. The summons shall:
1) be in writing;
2) set forth the date, time, and place of the
					 hearing;
3) instruct the parties
					 about the right to counsel; and
4)
					 give a warning stating that the failure to appear for the hearing may result in
					 arrest.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1126 - Defects in Form, Content, or Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
A child shall not be released, nor shall a case be
						dismissed, because of a defect in the form or content of the pleading or a
						defect in the procedures of these rules, unless the party raises the defect
						prior to the commencement of the adjudicatory hearing, and the defect is
						prejudicial to the rights of a party.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1127 - Recording and Transcribing Juvenile Court Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Recording
. There shall be
					 a recording of all dependency proceedings, including proceedings conducted by
					 juvenile court hearing officers, except as provided in Rule 1242(B)(2)
					 .
B.
Transcribing
.
					 The transcript shall be requested in accordance with Pa.R.J.A. No.
					 4007.
C.
Correcting
					 or
Modifying
. At any time before an appeal is taken,
					 the transcript may be corrected, and the record may be corrected or modified,
					 in the same manner as is provided by Pa.R.A.P. 1922(c) and Pa.R.A.P. 1926,
					 respectively.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1128 - Presence at Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
A)
General Rule
. All parties, including the child, shall be
					 present at any proceeding unless the exceptions of paragraph (B)
					 apply.
B)
Exceptions
.
1)
Absence from
Proceedings
. The court may
					 proceed in the absence of a party upon good cause shown except that in no case
					 shall a hearing occur in the absence of a child's attorney. If a child has a
					 guardian
ad litem
and legal counsel, both attorneys shall be
					 present.
2)
Exclusion
					 from
Proceedings
. A party may be excluded from a
					 proceeding only for good cause shown. If a party is so excluded, counsel for
					 the party shall be permitted to be present.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1129 - Appearance by Advanced Communication Technology

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Generally.
1) The child, guardian, or a witness may
					 appear at a proceeding by utilizing advanced communication technology pursuant
					 to Rules 1140, 1242, 1406, 1512, and 1608.
2) At a minimum, the child shall appear in
					 person at least every six months unless as otherwise provided by Rule
					 1128.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1130 - Court Fees Prohibited for Advanced Communication Technology

Current through Register Vol. 54, No. 28, July 13, 2024
The court shall not impose any fees upon any party or
						witness for utilizing advanced communication technology.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1133 - Motion to Intervene

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Contents
. The motion to intervene shall include:
1) The name and address of the person moving
					 to intervene;
2) The relationship
					 of the intervening person to the child;
3) The contact between the child and the
					 intervening person;
4) The grounds
					 on which intervention is sought; and
5) The request sought.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1134 - Proceedings in Camera

Current through Register Vol. 54, No. 28, July 13, 2024
Upon motion by any party or on the court's own motion,
in camera
proceedings are to be recorded and each party's
						attorney shall be present.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1135 - Captions

Current through Register Vol. 54, No. 28, July 13, 2024
All court documents and orders shall contain a caption
						that includes the following:
1) "In
					 the Interest of (the child's name)";
2) the child's case docket number;
					 and
3) The name of the
					 court.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1136 - Ex Parte Communication

Current through Register Vol. 54, No. 28, July 13, 2024
A) Unless otherwise authorized by law, no
					 person shall communicate with the court in any way regarding matters pending
					 before the court unless all parties:
1) are
					 present or have been copied if the communication is written or in electronic
					 form; or
2) have waived their
					 presence or right to receive the communication.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1137 - Public Discussion by Court Personnel of Pending Matters

Current through Register Vol. 54, No. 28, July 13, 2024
All court personnel including, among others, court
						clerks, bailiffs, tipstaffs, sheriffs, and court stenographers, are prohibited
						from disclosing to any person, without authorization from the court,
						information relating to a pending dependency case that is not part of the court
						record otherwise available to the public or not part of the record in an open
						proceeding. This rule specifically prohibits the divulgence of information
						concerning arguments and proceedings that are closed proceedings, held in
						chambers, or otherwise outside the presence of the public.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1138 - Citation of Authorities

Current through Register Vol. 54, No. 28, July 13, 2024
Citation of authorities in matters subject to these rules
						shall be in accordance with Pa.R.A.P. 126.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 1140 - Bench Warrants for Failure to Appear

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Issuance of Warrant
.
1) Before a bench warrant may be issued by a
					 judge, the judge shall find that the subpoenaed or summoned person received
					 sufficient notice of the hearing and failed to appear.
2) For the purpose of a bench warrant, a
					 judge may not find notice solely based on first-class mail service.
3) The judge shall not issue an arrest
					 warrant for a dependent child who absconds.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part B(1) - EDUCATION AND HEALTH OF CHILD › Rule 1145 - Application or Motion for Examination and Treatment of a Child

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Pre-petition treatment
. Prior to the filing of a dependency
					 petition, an application to the court may be made to treat a child when prompt
					 treatment is necessary.
B.
Post-petition examination and treatment
. After a petition has
					 been filed, a motion for examination and treatment of a child may be
					 filed.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part B(1) - EDUCATION AND HEALTH OF CHILD › Rule 1146 - Notice of Truancy Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receiving written notice of a hearing regarding a
						citation or complaint for truancy against a child or a person in parental
						relation pursuant to
						24
						P.S. §
												13-1333.1 when the child is the
						subject of a dependency proceeding, the county agency shall serve a copy of the
						notice upon the dependency court and parties.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part B(1) - EDUCATION AND HEALTH OF CHILD › Rule 1147 - Educational Decision Maker

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Generally.
At any proceeding or upon motion, the court shall
					 appoint an educational decision maker for the child if it determines that:
1) the child has no guardian; or
2) the court, after notice to the guardian
					 and an opportunity for the guardian to be heard, has made a determination that
					 it is in the child's best interest to limit the guardian's right to make
					 decisions regarding the child's education.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part B(1) - EDUCATION AND HEALTH OF CHILD › Rule 1148 - Educational Stability and Placement

Current through Register Vol. 54, No. 28, July 13, 2024
A.
General Rule.
Any order
					 resulting in the placement of a child or a change in placement shall address
					 the educational stability of the child.
B.
School of Origin.
A child
					 in placement shall remain in their school of origin unless the court finds
					 remaining in the school of origin is not in the child's best interest. If the
					 court finds that it is not in the best interest of the child to remain in the
					 school of origin, then the court may order the child to be enrolled in another
					 school that best meets the child's needs.
C.
Another School.
If a
					 court orders the child to be enrolled in another school pursuant to paragraph
					 (B), then the child shall attend a public school unless the court finds that a
					 public school is not in the best interest of the child.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part B(1) - EDUCATION AND HEALTH OF CHILD › Rule 1149 - Family Finding

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Court's inquiry and determination.
1 The court shall inquire as to the efforts
					 made by the county agency to comply with the family finding requirements
					 pursuant to
					 67 Pa.C.S. §§
													7501
et seq
.
2 The court shall place its
					 determinations on the record as to whether the county agency has reasonably
					 engaged in family finding.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part B(2) - COUNSEL › Rule 1150 - Attorneys-Appearances and Withdrawals

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Appearances
.
1) The Guardian
ad litem
and
					 counsel for each party, except under paragraph (A)(3), shall file an entry of
					 appearance with the clerk of courts promptly after being retained and serve a
					 copy on all other parties.
a) If a firm name
					 is entered, the name of the individual lawyer who is designated as being
					 responsible for the conduct of the case shall be entered.
b) The entry of appearance shall include the
					 attorney's address, phone number, and attorney ID number.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part B(2) - COUNSEL › Rule 1151 - Assignment of Guardian Ad Litem and Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Guardian ad litem for
					 child
. The court shall assign a guardian
ad litem
to
					 represent the legal interests and the best interests of the child if a
					 proceeding has been commenced pursuant to Rule 1200 alleging a child to be
					 dependent who:
1) is without proper parental
					 care or control, subsistence, education as required by law, or other care or
					 control necessary for the physical, mental or emotional health, or
					 morals;
2) has been placed for care
					 or adoption in violation of law;
3)
					 has been abandoned by parents, guardian, or other custodian;
4) is without a parent, guardian or legal
					 custodian; or
5) is born to a
					 parent whose parental rights with regard to another child have been
					 involuntarily terminated under
					 23 Pa.C.S. §
													2511
					 (relating to grounds for involuntary termination) within three years
					 immediately preceding the date of birth of the child and conduct of the parent
					 poses a risk to the health, safety, or welfare of the
					 child.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part B(2) - COUNSEL › Rule 1152 - Waiver of Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Children
.
1)
Guardian ad litem
. A child may not waive the right to a
					 guardian
ad litem
.
2)
Legal Counsel
. A child
					 may waive legal counsel if:
a) the waiver is
					 knowingly, intelligently, and voluntarily made; and
b) the court conducts a colloquy with the
					 child on the record.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part B(2) - COUNSEL › Rule 1154 - Duties of Guardian Ad Litem

Current through Register Vol. 54, No. 28, July 13, 2024
A guardian
ad litem
shall:
1) Meet with the child as soon as possible
					 following assignment pursuant to Rule 1151 and on a regular basis thereafter in
					 a manner appropriate to the child's age and maturity;
2) On a timely basis, be given access to
					 relevant court and county agency records, reports of examination of the
					 guardians or the child, and medical, psychological, and school
					 records;
3) Participate in all
					 proceedings, including hearings before juvenile court hearing officers, and
					 administrative hearings and reviews to the degree necessary to adequately
					 represent the child;
4) Conduct
					 such further investigation necessary to ascertain the facts;
5) Interview potential witnesses, including
					 the child's guardians, caretakers, and foster parents, examine and
					 cross-examine witnesses, and present witnesses and evidence necessary to
					 protect the best interests of the child;
6) At the earliest possible date, be advised
					 by the county agency having legal custody of the child of:
a) any plan to relocate the child or modify
					 custody or visitation arrangements, including the reasons, prior to the
					 relocation or change in custody or visitation; and
b) any proceeding, investigation, or hearing
					 under the Child Protective Services Law,
					 23 Pa.C.S. §
													6301
et seq.
or the Juvenile Act,
					 42 Pa.C.S. §
													6301
et seq.
, directly affecting the child;
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part B(2) - COUNSEL › Rule 1158 - Assignment of Court Appointed Special Advocates

Current through Register Vol. 54, No. 28, July 13, 2024
A court appointed special advocate shall follow the
						duties as set forth in the Juvenile Act,
						42 Pa.C.S. §
												6342(d) and in the Juvenile
						Court Judges' Commission's Juvenile Court Standards, 37 Pa. Code, Chapter
						200.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part C - RECORDS › Part C(1) - ACCESS TO JUVENILE COURT RECORDS › Rule 1160 - Inspection of the Official Court Record

Current through Register Vol. 54, No. 28, July 13, 2024
The official court record is only open to inspection
						  by:
1) The judges, officers, and
						professional staff of the court;
2)
						The parties to the proceeding and their counsel and representatives, 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 at 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, its probation
						officers, other officials or professional staff and the attorney for the
						defendant for use in preparing a presentence report in a criminal case in which
						the defendant is convicted and who prior thereto had been a party to a
						proceeding under the Juvenile Act,
						42 Pa.C.S. §
													6301
et seq.
;
5) The
						Administrative Office of Pennsylvania Courts;
6) The judges, officers and professional
						staff of courts of other jurisdictions when necessary for the discharge of
						their official duties;
7) Officials
						of the Department of Corrections, 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. §
													6301
et seq.
, 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 at the discretion of
						the court;
8) A parole board, court
						or county probation official in considering an individual's parole or in
						exercising supervision over any individual who was previously adjudicated
						delinquent in a proceeding under the Juvenile Act,
						42 Pa.C.S. §
													6301
et seq.
, 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 at the discretion of the
						court.
9) The State Sexual
						Offenders Assessment Board for use in completing assessments; and
10) With leave of court, any other person or
						agency or institution having a legitimate interest in the proceedings or in the
						work of the unified judicial system.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part C - RECORDS › Part C(2) - MAINTAINING RECORDS › Rule 1165 - Design of Forms

Current through Register Vol. 54, No. 28, July 13, 2024
The Court Administrator of Pennsylvania, in
						  consultation with the Juvenile Court Procedural Rules Committee, shall design
						  and publish forms necessary to implement these rules.