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In re Order Amending Rules 512

Supreme Court of Pennsylvania

May 11, 2017

IN RE: ORDER AMENDING RULES 512, 610, AND 612 OF THE PENNSYLVANIARULES OF JUVENILE COURT PROCEDURE

         SUPREME COURT RULES

          ORDER

          PER CURIAM.

         AND 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):

         It is 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.

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

         RULE 512. DISPOSITIONAL HEARING

         A. 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 parties consent.
4) Prosecutor's presence. The attorney for the Commonwealth shall attend the hearing.

         B. Recording. The dispositional hearing shall be recorded.

         C. [Duties of the court] Colloquy and Inquiry of Post-Dispositional Rights.

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 post-dispositional motion;
[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[; and].
[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):

         POST-DISPOSITIONAL RIGHTS COLLOQUY

         1) You 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 delinquent;
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.).

         In 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 agree.

         Do you understand this?

         2) You 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.

         Do you understand this?

         3) Here's what could happen if you file a motion:

a) the court could disagree with the motion without having a hearing;
b) the court could agree with the motion without having a hearing; or
c) the court could hold a hearing and then agree or disagree with the motion.

         Do you understand this?

         4) If 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.

         Do you understand this?

         5) You must file your request or appeal in writing. You have 30 days from when the court ...


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