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In re Order Amending Rule 407 of Pennsylvania Rules of Juvenile Court Procedure

Supreme Court of Pennsylvania

January 23, 2017

IN RE: ORDER AMENDING RULE 407 OF THE PENNSYLVANIA RULES OF JUVENILE COURT PROCEDURE

          ORDER

          PER CURIAM

         AND NOW, this 23rd day of January, 2017, upon the recommendation of the Juvenile Court Procedural Rules Committee, the proposal having been published for public comment at 46 Pa.B. 1782 (April 9, 2016):

         It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 407 of the Pennsylvania Rules of Juvenile Court Procedure is amended in the attached form.

         This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on April 1, 2017.

          RULE 407. ADMISSIONS

         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.
2) Agreements. If the parties agree upon the terms of an admission, the tender shall be presented to the court.
3) Court [a] Action. If the court accepts the tender, the court shall enter an order incorporating any agreement. If the court does not accept the tender, the case ...

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