IN RE: ORDER AMENDING RULES 512, 610, AND 612 OF THE PENNSYLVANIARULES OF JUVENILE COURT PROCEDURE
NOW, this 11th day of May, 2017, upon the
recommendation of the Juvenile Court Procedural Rules
Committee, the proposal having been published for public
comment at 46 Pa.B. 3944 (July 23, 2016):
Ordered pursuant to Article V, Section 10 of the Constitution
of Pennsylvania that Rules 512, 610, and 612 of the
Pennsylvania Rules of Juvenile Court Procedure are amended in
the attached form.
Order shall be processed in accordance with Pa.R.J.A. No.
103(b), and shall be effective on October 1, 2017.
512. DISPOSITIONAL HEARING
Manner of [h]Hearing. The court shall conduct the
dispositional hearing in an [informal but] 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
4) Prosecutor's presence. The attorney for the
Commonwealth shall attend the hearing.
Recording. The dispositional hearing shall be recorded.
[Duties of the court] Colloquy and Inquiry of
1) [The court shall determine on the
record that the juvenile has been advised of the following]
After entering disposition on the record, the court shall
ensure that an attorney has reviewed the post-dispositional
rights colloquy with the juvenile pursuant to paragraph
(C)(2) and conduct an independent inquiry to determine
whether the juvenile understands:
[1)] a) the right to file a
[2)] b) the right to file an appeal;
[3)] c) the time limits for a
post-dispositional motion and appeal;
[4)] d) the right to counsel to
prepare the motion and appeal; and
[5)] e) the time limits within which
the post-dispositional motion shall be decided[;
[6) that issues raised before and during adjudication shall
be deemed preserved for appeal whether or not the juvenile
elects to file a post-dispositional motion.]
2) The colloquy referenced in paragraph (c)(1) shall be:
a) in writing;
b) reviewed and completed with the juvenile by an attorney;
c) submitted to and reviewed by the court; and
d) substantially in the following form:
POST-DISPOSITIONAL RIGHTS COLLOQUY
In re JD (Juvenile) Delinquent Act(s):
can disagree with the court's decisions. You have the
right to file a motion. It must be in writing. It must be
filed within 10 days from today. You can ask your lawyer to
file a motion to:
a) ask the court to change or review its decision finding you
b) ask the court to change or review its decision to place
you in a program or on probation; or
c) ask the court to change or review its decision to make you
to do things on probation (such as paying money, doing
community service, taking drug tests, etc.).
other words, you can ask the court to change or review any
decision that it has made in your case with which you do not
have the right to have a lawyer help you file your motion. If
your lawyer (who is helping you today) cannot or will not
file the motion for you, the court will appoint a new lawyer
to help you.
Here's what could happen if you file a motion:
a) the court could disagree with the motion without having a
b) the court could agree with the motion without having a
c) the court could hold a hearing and then agree or disagree
with the motion.
the court disagrees with your motion, you have the right to
ask a higher court to look at your case. The higher court
would decide if the juvenile court made any mistakes or
abused its responsibility when it disagreed with your motion.
This is called taking an appeal.
must file your request or appeal in writing. You have 30 days
from when the court ...