reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part B - Philadelphia Municipal Court Traffic Division Procedures › Rule 1036 - Philadelphia Municipal Court Traffic Division Hearing Officers

Current through Register Vol. 54, No. 28, July 13, 2024
(A) As provided in
				this rule, Philadelphia Municipal Court Traffic Division hearing officers may
				be appointed to hear cases and issue adjudications in connection with
				prosecutions for summary offenses arising under Title 75 (relating to vehicles)
				and ordinances enacted pursuant to Title 75.
(1) Hearing officers are "issuing
				authorities" only for purposes of conducting summary trials, accepting pleas,
				conducting trials
in absentia
, setting collateral, and
				conducting post-trial proceedings, including but not limited to, establishing
				or re-establishing payment plans, monitoring compliance with payment plans,
				holding warrant hearings, and performing additional duties as may be identified
				by local rule.
(2) Hearing officers
				shall not conduct summary trials or hearings if there is a likelihood that
				imprisonment will be imposed at the conclusion of a summary traffic
				proceeding.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part B - Philadelphia Municipal Court Traffic Division Procedures › Rule 1037 - Appeal from Summary Conviction

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When a defendant appeals after the entry
				of a guilty plea or a conviction in any Traffic Division summary proceeding,
				upon the filing of the transcript and other papers by the Traffic Division, the
				Court of Common Pleas may schedule a status or settlement conference prior to
				the
de novo
summary trial.
(1) In the event the attorney for the
				Commonwealth or a designee and the defendant reach a negotiated plea, the plea
				may be entered before a Trial Commissioner and, upon approval by a judge of the
				Court of Common Pleas, the negotiated sentence will be recorded.
(2) In the event a negotiated plea is not
				approved by the court, the case shall be heard
de novo
by a
				judge of the Court of Common Pleas sitting without a jury.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 11 - ABOLITIONS AND SUSPENSIONS › Rule 1100 - Abolition of Practice and Procedure Under Repealed Statutes

Current through Register Vol. 54, No. 28, July 13, 2024
The practice and procedure provided in all former statutes
				governing criminal procedure within the scope of these rules, which have been
				repealed by the Judiciary Act Repealer Act, and which are now part of the
				common law of this Commonwealth by virtue of Section 3(b) of the Act,
				42
				P. S. §
									20003(b), are
				hereby abolished and shall not continue as part of the common law of this
				Commonwealth.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 11 - ABOLITIONS AND SUSPENSIONS › Rule 1101 - Suspension of Acts of Assembly

Current through Register Vol. 54, No. 28, July 13, 2024
This rule provides for the suspension of the following Acts of
				Assembly:
(1) The Act of June 15,
			 1994, P. L. 273, No. 45, § 1,
			 42 Pa.C.S. §§
									4137,
			 4138, and
			 4139, which provides,
			 inter alia, that any punishment imposed for contempt will be "automatically
			 stayed for a period of 10 days from the date of the imposition of the
			 punishment during which time an appeal of the action" of a district justice, a
			 Pittsburgh Magistrates Court judge, or a Philadelphia Traffic Court judge "may
			 be filed with the court of common pleas of the judicial district," and which is
			 implemented by Rules 140, 141, and 142, is suspended only insofar as the Act is
			 inconsistent with the 30-day appeal period and 30-day automatic stay period set
			 forth in Rule 141.
(2) The Act of
			 April 29, 1959, P. L. 58, § 1209, 75P. S. § 1209, repealed by Act of
			 June 17, 1976, P. L. 162, No. 81, § 7 and replaced by Sections 6322, 6323,
			 6324, and 6325 of the Vehicle Code (75 Pa.C.S. §§
									6322-6325), are suspended insofar as these
			 sections are inconsistent with Rule 470.
(3) The Act of July 1, 1987, P. L. 180, No.
			 21, § 2,
			 42 Pa.C.S. §
									1520, is
			 suspended insofar as the Act is inconsistent with Rules 300, 301, 302, and
			 Rules 310 through 320.
(4) The
			 Public Defender Act, Act of December 2, 1968, P. L. 1144, No. 358, § 1 et
			 seq. as amended through Act of December 10, 1974, P. L. 830, No. 277, § 1,
			 16
			 P. S. §
									9960.1 et seq., is suspended
			 only insofar as the Act is inconsistent with Rule 122.
(5) Section 5720 of the Wiretapping and
			 Electronic Surveillance Control Act, Act of October 4, 1978, P. L. 831, No.
			 164,
			 18 Pa.C.S. §
									5720, is
			 suspended as inconsistent with Rule 573 only insofar as the section may delay
			 disclosure to a defendant seeking discovery under Rule 573(B)(1)(g); and
			 Section 5721(b) of the Act,
			 18 Pa.C.S. §
									5721(b), is suspended only
			 insofar as the time frame for making a motion to suppress is concerned, as
			 inconsistent with Rules 579 and 581.
(6) Sections 9731, 9732, 9733, 9734, 9735,
			 9736, 9751, 9752, and 9759 of the Sentencing Code,
			 42 Pa.C.S. §§
									9731,
			 9732,
			 9733,
			 9734,
			 9735,
			 9736,
			 9751,
			 9752, and
			 9759 are suspended as
			 being inconsistent with the rules of Chapter 7.
(7) The Act of November 21, 1990, P. L. 588,
			 No. 138, § 1,
			 42 Pa.C.S. §
									8934,
			 which authorizes the sealing of search warrant affidavits, and which is
			 implemented by Rule 211, is suspended only insofar as the Act is inconsistent
			 with Rules 205, 206, and 211.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Rule 100 - Scope of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
A.
				  These rules shall govern delinquency proceedings in all courts. Unless
				  otherwise specifically provided, these rules shall not apply to domestic
				  relations proceedings and dependency proceedings.
B. Each of the courts exercising juvenile
				  jurisdiction, as provided in the Juvenile Act,
				  42 Pa.C.S. §
											6301
et seq
., may adopt local rules of procedure in accordance with
				  Rule 121.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Rule 101 - 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
				  delinquency 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 A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Rule 102 - 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 A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Rule 105 - Search Warrants

Current through Register Vol. 54, No. 28, July 13, 2024
The Pennsylvania Rules of Criminal Procedure, Rules 200
					 through 211 and Rule 212(B), shall apply to search warrants in juvenile
					 delinquency matters.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 121 - Local Rules

Current through Register Vol. 54, No. 28, July 13, 2024
The requirements for the promulgation and amendment of
						local procedural rules for delinquency proceedings are set forth in
						Pennsylvania Rule of Judicial Administration 103(d).
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 122 - 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 either 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 A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 123 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Contents
. A subpoena in a delinquency 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 A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 124 - Summons and Notice

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 juvenile
					 about the juvenile's right to counsel, and if the juvenile cannot afford
					 counsel, the right to assigned 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 A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 125 - Habeas Corpus

Current through Register Vol. 54, No. 28, July 13, 2024
A.
					 The petition for writ of habeas corpus challenging the legality of the
					 juvenile's detention or placement shall be filed with the clerk of courts of
					 the judicial district in which the order directing the juvenile's detention or
					 placement was entered.
B. The clerk
					 of courts shall forward the petition immediately to the presiding juvenile
					 court judge for review and shall identify the petition as time
					 sensitive.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 126 - Defects in Form, Content, or Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
A juvenile shall not be discharged, nor shall a case be
						dismissed, because of a defect in the form or content of the petition, written
						allegation, or warrant, or a defect in the procedures of these rules, unless
						the juvenile raises the defect prior to the commencement of the adjudicatory
						hearing, and the defect is prejudicial to the rights of the
						juvenile.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 127 - 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 juvenile delinquency proceedings, including proceedings
					 conducted by juvenile court hearing officers, except as provided in Rule
					 242(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 A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 128 - Presence at Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
A.
General rule.
The juvenile shall be present at all proceedings
					 unless the exceptions of paragraph (B) apply.
B.
Exceptions.
1)
Absence from proceedings.
The court may proceed with a hearing in the absence of the juvenile if the
					 court finds that the juvenile was properly subpoenaed or summoned to appear and
					 has willfully failed to attend, and the juvenile's attorney is
					 present.
2)
Exclusion from
					 proceedings.
The juvenile may be excluded from a proceeding only for
					 good cause shown. If the juvenile is so excluded, the juvenile's attorney shall
					 be present.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 129 - Appearance by Advanced Communication Technology

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Generally.
1) The juvenile or a witness may appear at a
					 proceeding by utilizing advanced communication technology pursuant to Rule 140,
					 141, 242, 394, 406, 512, and 610.
2) At a minimum, the juvenile shall appear in
					 person at least once a year.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 130 - 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 the juvenile or
						witness for utilizing advanced communication technology.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 131 - Guardian's Presence

Current through Register Vol. 54, No. 28, July 13, 2024
The court may, when the court determines that it is in
						the best interest of the juvenile, order a guardian of a juvenile to be present
						at and to bring the juvenile to any proceeding. The court shall insure timely
						notice of the proceeding to the guardian.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 132 - Victim's Presence

Current through Register Vol. 54, No. 28, July 13, 2024
The victim, counsel for the victim, and other persons
						accompanying a victim for his or her assistance shall be permitted to attend
						the proceedings, except as provided in Rule 311.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 135 - 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 juvenile's name);"
2) the juvenile's case docket number;
					 and
3) the name of the
					 court.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 136 - 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 A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 137 - Public Discussion by Court Personnel of Pending Matters

Current through Register Vol. 54, No. 28, July 13, 2024
All court personnel including, among others, juvenile
						probation officers, 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 juvenile 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 A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 138 - 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 A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 139 - Use of Restraints on the Juvenile

Current through Register Vol. 54, No. 28, July 13, 2024
Restraints shall be removed prior to the commencement of
						a proceeding unless the court determines on the record, after providing the
						juvenile an opportunity to be heard, that they are necessary to prevent:
1) physical harm to the juvenile or another
					 person;
2) disruptive courtroom
					 behavior, evidenced by a history of behavior that created potentially harmful
					 situations or presented substantial risk of physical harm; or
3) the juvenile, evidenced by an escape
					 history or other relevant factors, from fleeing the courtroom.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 140 - Bench Warrants for Failure to Appear at Hearings

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.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part A - BUSINESS OF COURTS › Rule 141 - Bench Warrants for Absconders

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Issuance of warrant
. The juvenile probation officer shall
					 immediately notify the court upon notification or recognition that a juvenile
					 has absconded from the supervision of the court. The court may issue a bench
					 warrant for the juvenile.
B.
Entry of warrant information
. Upon being notified by the
					 court, the juvenile probation officer or other court designee shall enter or
					 request that a law enforcement officer enter the bench warrant in all
					 appropriate registries.
C.
Where to take the juvenile
. The juvenile shall be detained in
					 a detention facility or other facility designated in the bench warrant pending
					 a hearing pursuant to paragraph (D).
D.
Prompt hearing
.
1) The juvenile shall have a detention
					 hearing within seventy-two hours of the placement in detention.
2) A court may utilize advanced communication
					 technology pursuant to Rule 129 for a juvenile or a witness unless good cause
					 is shown otherwise.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part B(1) - EDUCATION AND HEALTH OF JUVENILE › Rule 147 - 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 juvenile if it determines that:
1) The juvenile 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 juvenile's best interest to limit the guardian's right to make
					 decisions regarding the juvenile's education.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part B(1) - EDUCATION AND HEALTH OF JUVENILE › Rule 148 - Educational Stability and Removal From Home

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
General Rule
. Any order
					 resulting in the removal of the juvenile from home or a change in placement
					 shall address the educational stability of the juvenile.
(B)
School of Origin
.
					 Subject to statute, a juvenile removed from home shall remain in their school
					 of origin unless the court finds remaining in the school of origin is not in
					 the juvenile's best interest or protective of the community. If the court finds
					 that it is not in the best interest for the juvenile or protective of the
					 community to remain in the school of origin, then the court may order the
					 juvenile to be enrolled in another school that best meets the juvenile's
					 needs.
(C)
Another
					 School
. Subject to statute, if a court orders the juvenile to be
					 enrolled in another school pursuant to paragraph (B), then the juvenile shall
					 attend a public school unless the court finds that a public school is not in
					 the best interest of the juvenile or protective of the community.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part B(2) - COUNSEL › Rule 150 - Attorneys-Appearances and Withdrawals

Current through Register Vol. 54, No. 28, July 13, 2024
A..
Appearances
1) Counsel for the juvenile shall file an
					 entry of appearance with the clerk of courts promptly after being retained, and
					 serve a copy on the attorney for the Commonwealth and the juvenile probation
					 office.
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 A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part B(2) - COUNSEL › Rule 151 - Assignment of Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
All juveniles are presumed indigent. If a juvenile
						appears at any hearing without counsel, the court shall appoint counsel for the
						juvenile prior to the commencement of the hearing.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part B(2) - COUNSEL › Rule 152 - Waiver of Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Waiver requirements
. A juvenile who has attained the age of
					 fourteen may only waive the right to counsel if:
1) the waiver is knowingly, intelligently,
					 and voluntarily made;
2) the court
					 conducts a colloquy with the juvenile on the record; and
3) the proceeding for which waiver is sought
					 is not one of the following:
a) detention
					 hearing pursuant to Rule 242;
b)
					 transfer hearing pursuant to Rule 394;
c) adjudicatory hearing pursuant to Rule 406,
					 including the acceptance of an admission pursuant to Rule 407;
d) dispositional hearing pursuant to Rule
					 512; or
e) a hearing to modify or
					 revoke probation pursuant to Rule 612.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part C - RECORDS › Part C(1) - ACCESS TO JUVENILE RECORDS › Rule 160 - Inspecting, Copying, and Disseminating the Official Court Record

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Inspecting.
The official
						court record is only open to inspection by:
1) the judges, juvenile court hearing
						officers, juvenile probation officers, and staff of the court;
2) the attorney for the Commonwealth, the
						juvenile's attorney, and the juvenile, but the persons in this category shall
						not be permitted to see reports revealing the names of confidential sources of
						information, except at the discretion of the court;
3) a public or private agency or institution
						providing supervision or having custody of the juvenile 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 pre-sentence report in a criminal case in
						which the defendant is convicted and the defendant previously was adjudicated
						delinquent;
5) a judge or issuing
						authority for use in determining bail, provided that such inspection is limited
						to orders of delinquency adjudications and dispositions, orders resulting from
						dispositional review hearings, and histories of bench warrants and
						escapes;
6) the Administrative
						Office of Pennsylvania Courts;
7)
						the judges, juvenile probation officers, and staff of courts of other
						jurisdictions when necessary for the discharge of their official
						duties;
8) 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 has been com-mitted, 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) a
						parole board, court, or county probation official in considering an individual
						who was previously adjudicated delinquent in a proceeding under the Juvenile
						Act, 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;
10) the State Sexual Offenders Assessment
						Board for use in completing assessments; and
11) with leave of court, any other person,
						agency, or institution having a legitimate interest in the proceedings or in
						the work of the unified judicial system.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part C - RECORDS › Part C(1) - ACCESS TO JUVENILE RECORDS › Rule 161 - Inspecting, Copying, and Disseminating Juvenile Probation Files

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Inspecting and Copying.
Except as provided in paragraph (C), juvenile probation files shall be open to
						inspection and/or copying only by:
1) the
						juvenile or the juvenile's attorney of record in the instant
						proceeding;
2) the attorney for the
						Commonwealth;
3) the State Sexual
						Offenders Assessment Board;
4) the
						Juvenile Court Judges' Commission; or
5) any other person, agency, or department by
						order of court.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part C - RECORDS › Part C(1) - ACCESS TO JUVENILE RECORDS › Rule 163 - Release of Information to School

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Generally
. Upon finding a
						juvenile to be a delinquent, the court shall, through the juvenile probation
						office, provide the following information to the building principal or his or
						her designee of any public, private, or parochial school in which the juvenile
						is enrolled:
1) name and address of the
						juvenile;
2) the delinquent act or
						acts that the juvenile was found to have committed;
3) a brief description of the delinquent act
						or acts; and
4) the disposition of
						the case.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part C - RECORDS › Part C(2) - MAINTAINING RECORDS › Rule 165 - 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.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part C - RECORDS › Part C(2) - MAINTAINING RECORDS › Rule 166 - Maintaining Records in the Clerk of Courts

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Generally
. The juvenile
						court file is the official court record and shall contain all court orders,
						court notices, docket entries, filed documents, evidence admitted into the
						record, and other court designated documents in each juvenile case. These
						records shall be maintained by the clerk of courts and shall not be taken from
						the custody of the clerk of courts without order of the court.
B.
Docket entries
. The clerk
						of courts shall maintain a list of docket entries: a chronological list, in
						electronic or written form, of documents and entries in the official court
						record and of all proceedings in the case. The clerk of courts shall make
						docket entries at the time the information is made known to the
						clerk.
C.
Contents of
						docket entries
. The docket entries shall include, at a minimum, the
						following information:
1) the juvenile's
						name, last known address, date of birth, if known;
2) the names and addresses of all attorneys
						who have appeared or entered an appearance, the date of the entry of
						appearance(s), and the date of any withdrawal of appearance(s);
3) notations concerning all papers filed with
						the clerk, including all court notices, appearances, admissions, motions,
						orders, findings and adjudications, and dispositions, briefly showing the
						nature and title, if any, of each paper filed, writ issued, and motion made,
						and the substance of each order or disposition of the court and of the returns
						showing execution of process;
4)
						notations concerning motions made orally or orders issued orally in the
						courtroom when directed by the court;
5) a notation of every judicial proceeding,
						continuance, and disposition;
6)
						the location of exhibits made part of the record during the
						proceedings;
7)
a) the date of receipt in the clerk's office
						of the order or court notice;
b)
						the date appearing on the order or court notice; and
c) the date and manner of service of the
						order or court notice; and
8) all other information required by Rule
						345.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part C - RECORDS › Part C(2) - MAINTAINING RECORDS › Rule 167 - Filings and Service of Court Orders and Notices

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Filings
.
1) All orders and court notices shall be
						transmitted promptly to the clerk of courts for filing. Upon receipt by the
						clerk of courts, the order or court notice shall be time stamped promptly with
						the date of receipt.
2) All orders
						and court notices shall be filed in the official court
						record.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part C - RECORDS › Part C(3) - EXPUNGING OR DESTROYING RECORDS, FINGERPRINTS, AND PHOTOGRAPHS › Rule 170 - Motion to Expunge or Destroy Records

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Motion
. Upon motion, or
sua sponte
, expungement proceedings may be commenced:
1) if a written allegation is not approved
						for prosecution;
2) if the petition
						is dismissed by the court;
3) in
						consent decree and informal adjustment cases:
a) when six months have elapsed since the
						final discharge of the juvenile from supervision; and
b) if no proceeding seeking adjudication or
						conviction is pending;
4)
						when a juvenile has been discharged from court supervision pursuant to Rule
						631:
a) five years have elapsed;
b) The juvenile has not been convicted or
						adjudicated delinquent for a felony or misdemeanor;
c) no court proceeding is pending seeking
						such conviction or adjudication; and
d) The delinquent act is not an act precluded
						from expungement pursuant to
						18 Pa.C.S. §
															9123(a.1); or
5) when the attorney for the Commonwealth
						consents to the expungement.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part C - RECORDS › Part C(3) - EXPUNGING OR DESTROYING RECORDS, FINGERPRINTS, AND PHOTOGRAPHS › Rule 172 - Order to Expunge or Destroy

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Contents
. Any order to expunge or destroy the official court
						record, juvenile probation files, docket entries, law enforcement records, or
						fingerprints and photographs shall include the following information:
1) all items contained in Rule 170(B)
						;
2) a directive specifically
						identifying which items shall be expunged or destroyed, including all law
						enforcement records, juvenile probation files, official court records, other
						juvenile records, fingerprints, photographs, and any other information
						pertaining to the arrest;
3) a
						directive that the keeper of the juvenile records shall expunge or destroy such
						items;
4) a directive that each
						agency, department, or office, upon request, shall notify the court or its
						designee, in writing, of the action taken in response to the order to expunge
						or destroy;
5) a directive to a
						school building principal or his or her designee to destroy information
						received from the court pursuant to Rule 163;
6) the printed name and signature of the
						judge issuing the order; and
7) the
						date of the court order.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part C - RECORDS › Part C(3) - EXPUNGING OR DESTROYING RECORDS, FINGERPRINTS, AND PHOTOGRAPHS › Rule 173 - Retention of Specific Information from Juvenile Records

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Maintenance of specific
						information.
1) All information
						retained according to this rule shall be confidential. This information is not
						eligible for inspection pursuant to Rule 160.
2) If any information maintained according to
						this rule is disseminated to any unauthorized person, agency, department, or
						office, the person disseminating the information shall be held in contempt of
						court.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part D - JUVENILE COURT HEARING OFFICERS › Rule 182 - Qualifications of Juvenile Court Hearing Officer

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Education, Experience, and
					 Training.
To preside as a juvenile court hearing officer over cases
					 governed by the Juvenile Act,
					 42 Pa.C.S. §
												6301
et seq.
, an individual shall:
1) be a member, in good standing, of the bar
					 of this Commonwealth;
2) have been
					 licensed to practice law for at least five consecutive years; and
3) have completed six hours of instruction,
					 approved by the Pennsylvania Continuing Legal Education Board prior to hearing
					 cases, which specifically addresses all of the following topics:
a) The Juvenile Act;
b) The Pennsylvania Rules of Juvenile Court
					 Procedure;
c) The penal laws of
					 Pennsylvania;
d) The Child
					 Protective Services Law;
e)
					 evidence rules and methodology;
f)
					 child and adolescent development; and
g) The collateral consequences of an
					 adjudication of delinquency.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part D - JUVENILE COURT HEARING OFFICERS › Rule 185 - Appointment to Cases

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Appointment
. If necessary to assist the juvenile court judge,
					 the president judge or his or her designee may appoint juvenile court hearing
					 officers to hear designated juvenile delinquency matters.
B.
Prohibited practice
.
					 Juvenile court hearing officers shall not engage in practice before the
					 juvenile court in the same judicial district where they preside over juvenile
					 matters.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part D - JUVENILE COURT HEARING OFFICERS › Rule 187 - Authority of Juvenile Court Hearing Officer

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Cases to be heard by Juvenile
					 Court Hearing Officer
. A juvenile court hearing officer shall have the
					 authority to preside over only the following:
1) detention hearings, detention review
					 hearings, or shelter-care hearings;
2) discovery, pre-adjudicatory, or
					 preliminary proceedings for misdemeanors;
3) any hearing in which the petition alleges
					 only misdemeanors; and
4)
					 uncontested dispositional review hearings and uncontested probation revocation
					 hearings.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part D - JUVENILE COURT HEARING OFFICERS › Rule 190 - Admissions Before Juvenile Court Hearing Officer

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Types of cases
. A
					 juvenile court hearing officer may accept an admission to any
					 misdemeanor.
B.
Requirements
. The admission requirements of Rule 407 shall be
					 followed.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part D - JUVENILE COURT HEARING OFFICERS › Rule 191 - Juvenile Court Hearing Officer's Findings and Recommendation to the Judge

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Announcement of Findings and Recommendation.
At the conclusion
					 of the hearing, the juvenile court hearing officer shall announce in open court
					 on the record, the juvenile court hearing officer's findings and recommendation
					 to the judge.
B.
Delinquency Recommendation.
If a recommendation includes an
					 adjudication of delinquency:
1) The juvenile
					 shall be advised of the right to challenge the recommendation pursuant to Rule
					 192, as set forth in paragraph (E); and
2) a colloquy and inquiry of
					 post-dispositional rights shall be conducted pursuant to Rule
					 512(C).
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part D - JUVENILE COURT HEARING OFFICERS › Rule 192 - Challenge to Juvenile Court Hearing Officer's Recommendation

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Time limitation
. A party
					 may challenge the juvenile court hearing officer's recommendation by filing a
					 motion with the clerk of courts within three days of receipt of the
					 recommendation. The motion shall request a rehearing by the judge and aver
					 reasons for the challenge.
B.
Rehearing
. The judge shall act on the challenge within seven
					 days of the date of the motion. The detention status of the juvenile will
					 remain the same pending the rehearing unless otherwise ordered by the
					 judge.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 1 - GENERAL PROVISIONS › Part D - JUVENILE COURT HEARING OFFICERS › Part D(2) - JUVENILE PROBATION OFFICERS › Rule 195 - Powers, Duties, and Training of a Juvenile Probation Officer

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Powers and Duties of a Juvenile
						Probation Officer.
Subject to any limitation imposed by the court, a
						juvenile probation officer shall:
1) take
						children, juveniles, and minors into custody pursuant to:
a) The Juvenile Act,
						42 Pa.C.S. §§
															6304 and
						6324;
b) The Child Protective Services Law (CPSL),
						23 Pa.C.S. §§
															6301
et seq
.;
c) a bench warrant as set forth in Rules 140,
						141, and 1140; or
d) Rule
						1202;
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 2 - COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION › Part A(1) - COMMENCING PROCEEDINGS › Rule 200 - Commencing Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
Juvenile delinquency proceedings within a judicial
						district shall be commenced by:
1)
					 submitting a written allegation pursuant to Rule 231;
2) an arrest without a warrant:
a) when the offense is a felony or
					 misdemeanor committed in the presence of the police officer making the arrest;
					 or
b) upon probable cause when the
					 offense is a felony; or
c) upon
					 probable cause when the offense is a misdemeanor not committed in the presence
					 of the police officer making the arrest, when such arrest without a warrant is
					 specifically authorized by statute;
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 2 - COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION › Part A(2) - ELECTRONIC FILING AND SERVICE OF LEGAL PAPERS › Rule 205 - Electronic Filing and Service of Legal Papers

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Authorization
. The
					 president judge of a judicial district by local rule promulgated pursuant to
					 Rule 121 and Rule of Judicial Administration 103 may authorize electronic
					 filing of legal papers with the clerk of courts in cases in delinquency
					 proceedings through the statewide electronic filing system as provided in this
					 rule.
B.
Local
					 Rule.
1) The local rule required
					 under this rule shall include the following provisions:
a) subject to the provisions in paragraph
					 (B)(2), a statement that the electronic filing system is permissive and specify
					 the legal papers subject to the rule, but in no case shall legal papers
					 prohibited from being filed electronically by this rule be permitted to be
					 filed electronically;
b) a
					 provision for the procedures to ensure that any party who declines to
					 participate in the system, or who is unable to electronically file or accept
					 service of legal papers which were filed electronically, or who is otherwise
					 unable to access the system, at a minimum, shall be able to file legal papers
					 in a physical paper format and be served legal papers in a physical format
					 which were electronically filed;
c)
					 any additional provisions as the court may deem necessary to provide a full and
					 complete procedure for the use of the system within the judicial district;
					 and
d) a notation that the
					 Administrative Office of Pennsylvania Courts and the judicial district have
					 agreed upon an implementation plan for PACFile in the judicial
					 district.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 2 - COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION › Part B - ARREST PROCEDURES IN DELINQUENCY CASES › (a) - Arrest Warrants › Rule 210 - Arrest Warrants

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Application
. An application for an arrest warrant shall be
						made by submitting a written allegation supported by a probable cause affidavit
						with the president judge or any issuing authority designated by the president
						judge of each judicial district. The president judge shall ensure twenty-four
						hour availability of a designated issuing authority.
B.
Approval of Commonwealth
.
						When a certification is filed by the District Attorney pursuant to Rule 231, no
						application for an arrest warrant shall be submitted to the issuing authority
						unless an attorney for the Commonwealth has approved the application.
C.
Arrest procedures
. When a
						juvenile is arrested pursuant to a warrant, the case shall proceed in the same
						manner as a warrantless arrest in accordance with Rule 220.
D.
Transmission of file.
If
						a magisterial district judge issues an arrest warrant for a juvenile pursuant
						to paragraph (A), the magisterial district judge shall forward the juvenile
						case file to the clerk of courts immediately or no later than the next business
						day.
E.
Return of arrest
						warrant.
Once the arrest warrant has been executed, it shall be
						returned to the juvenile probation office. The juvenile probation office shall,
						immediately and no later than the next business day, notify the magisterial
						district judge that the warrant has been executed.
F.
Case closed by magisterial
						district judge.
Once a magisterial district judge has been notified
						that the arrest warrant has been executed pursuant to paragraph (E), the
						magisterial district judge shall mark the arrest warrant as served and close
						the case.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 2 - COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION › Part B - ARREST PROCEDURES IN DELINQUENCY CASES › (a) - Arrest Warrants › Rule 211 - Requirements for Issuance

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Probable Cause
. No arrest warrants shall be issued but upon
						probable cause, supported by one or more affidavits sworn to before the issuing
						authority. The issuing authority, in determining whether probable cause has
						been established, may not consider any evidence outside the
						affidavits.
B.
Evidence
. At any proceeding on a motion challenging an arrest
						warrant, no evidence shall be admissible to establish probable cause for the
						arrest warrant, other than the affidavits provided for in paragraph
						(A).