IN RE: ORDER AMENDING RULES 240, 242, AND 1242 OF THE PENNSYLVANIA RULES OF JUVENILE COURT PROCEDURE
NOW, this 16th 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. 3940 (July 23, 2016):
Ordered pursuant to Article V, Section 10 of the Constitution
of Pennsylvania that Rules 240, 242, and 1242 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 July 1, 2017.
to the rule are shown in bold and are underlined. Deletions
from the rule are shown in bold and brackets.
240. Detention of Juvenile
Detention requirements. If a juvenile is
brought before the court or delivered to a detention facility
designated by the court, the juvenile probation officer
1) examine the written allegation;
2) make an investigation, which may include an intake
conference with the juvenile, the juvenile's attorney,
guardian, or other interested and informed adult; and
3) release the juvenile, unless it appears that the
juvenile's detention is warranted.
Filing of petition. The release of the
juvenile shall not prevent the subsequent filing of a
Prompt hearing. If the juvenile is not
released, a detention hearing shall be held no later than
seventy-two hours after the juvenile is placed in detention.
Neither the juvenile nor the juvenile's attorney
shall be permitted to waive the detention hearing.
Time restrictions. Except as provided in
paragraphs (D)(1) and (D)(2), if the adjudicatory hearing is
not held or notice of request for transfer is not submitted
within the ten-day period as specified in Rules 391 and 404,
the juvenile shall be released.
1) A juvenile may be detained for an additional single period
not to exceed ten days when the court determines that:
a) evidence material to the case is unavailable;
b) due diligence to obtain such evidence has been exercised;
c) there are reasonable grounds to believe that such evidence
will be available at a later date; and
d) the detention of the juvenile would be warranted.
2) A juvenile may be detained for successive ten-day
intervals if the delay is caused by the juvenile. The court
shall state on the record if failure to hold the hearing
resulted from delay caused by the juvenile. Delay caused by
the juvenile shall include, but not be limited to:
a) delay caused by the unavailability of the juvenile or the
b) delay caused by any continuance granted at the request of
the juvenile or the juvenile's attorney; or
c) delay caused by the unavailability of a witness resulting
from conduct by or on behalf of the juvenile.
juvenile is detained, the guardian should be notified
immediately. See Rules 220
(Procedure[s] in Cases Commenced by Arrest
Without Warrant) and 313(B) ([Taking into Custody]
Detention from Intake - Notice to Guardian)
for notification of the guardian.
in paragraph (C) is intended to preclude the use of
stipulations or agreements among the parties, subject to
court review and acceptance at the detention hearing.
paragraph (D)(2), if the juvenile causes delay, the juvenile
may continue to be held in detention. The additional period
of detention should not exceed ten days. The court may
continue such detention for successive ten-day intervals if
the juvenile caused the delay. The time restrictions of
paragraph (D) apply to a juvenile who is placed in detention,
even if previously released.
time restrictions on detention for juveniles scheduled for a
transfer hearing to criminal proceedings, see Rule 391.
statutory provisions on detention, see 42 Pa.C.S.
§§ 6325, 6331, 6335. For the Juvenile Court Judges
Commission's Detention Standards, see 37 Pa. Code §
200.101 et seq. (2003).
juvenile is detained, the juvenile is to be placed in a
detention facility, which does not include a county jail or
state prison. See Rule 120 and its Comment
for definition of ''detention facility.''
Note: Rule 240 adopted April 1, 2005, effective
October 1, 2005. Amended June 28, 2013, effective
immediately. Amended May 16, 2017, effective July 1,
Report explaining the provisions of Rule 240 published with
the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Final Report explaining the amendments to Rule 240 published
with the Court's Order at 43 Pa.B. 3938 (July 13, 2013).
Final Report explaining the amendments to Rule 240
published with the Court's Order at Pa.B. (__,
242. Detention Hearing
Informing juvenile of rights. Upon
commencement of the hearing, the court shall:
1) provide a copy of the written allegation to the juvenile
and the juvenile's guardian, if present;
2) inform the juvenile of the right to counsel and to retain
private counsel or to be ...