Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

37 Pa. Code § 200.2. Statement of reasons requirement.

§ 200.2. Statement of reasons requirement.

 (a) If secure detention is ordered or authorized, except as provided in subsections (b) and (c), whether at intake or at a detention or other hearing before a 10juvenile court judge or juvenile court master, a contemporaneous written statement of reasons and facts shall accompany the detention decision specifying the following:

   (1)  There is a reasonable basis to believe that the juvenile has committed the act for which he is being detained—in the case of judicial authorities, that probable cause exists—and that the juvenile is not excluded from the jurisdiction of juvenile court by age or another reason.

   (2)  The juvenile’s detention is permitted under this subchapter.

   (3)  The alternatives to secure detention which were considered and rejected.

   (4)  The reason or reasons why secure detention is required and alternatives are not appropriate. Separate reasons need not be given for each alternative considered.

 (b)  If secure detention is ordered after the juvenile is found to have committed a delinquent act but prior to the court’s determination that residential placement will be ordered at disposition, the court shall indicate on the record or in a court order why secure detention is required and alternatives are not appropriate. Separate reasons need not be given for each alternative considered.

 (c)  Once the court has determined that residential placement will be ordered or continued, if previously ordered, no statement of reasons is required regarding the use of secure detention pending placement.



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