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In re Order Amending Rules 240

Supreme Court of Pennsylvania

May 16, 2017

IN RE: ORDER AMENDING RULES 240, 242, AND 1242 OF THE PENNSYLVANIA RULES OF JUVENILE COURT PROCEDURE

         SUPREME COURT RULES

          ORDER

          PER CURIAM

         AND 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):

         It is 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.

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

         Additions to the rule are shown in bold and are underlined. Deletions from the rule are shown in bold and brackets.

         Rule 240. Detention of Juvenile

         A. Detention requirements. If a juvenile is brought before the court or delivered to a detention facility designated by the court, the juvenile probation officer immediately shall:

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.

         B. Filing of petition. The release of the juvenile shall not prevent the subsequent filing of a petition.

         C. 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.

         D. 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 juvenile's attorney;
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.

         Comment

         If a 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.

         Nothing 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.

         Under 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.

         For time restrictions on detention for juveniles scheduled for a transfer hearing to criminal proceedings, see Rule 391.

         For 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).

         If a 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.''

         Official Note: Rule 240 adopted April 1, 2005, effective October 1, 2005. Amended June 28, 2013, effective immediately. Amended May 16, 2017, effective July 1, 2017.

         Committee Explanatory Reports:

         Final 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. (__, 2017).

         Rule 242. Detention Hearing

         A. 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 ...

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