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 § 200.4. Detention required because the juvenile may abscond or be removed from the jurisdiction of the court.

§ 200.4. Detention required because the juvenile may abscond or be removed from the jurisdiction of the court.

 A juvenile may not be detained in secure detention under 42 Pa.C.S. § §  6325, 6326 and 6331 (relating to detention of child; release or delivery to court; and release from detention or commencement of proceedings) because the juvenile may abscond or be removed from the jurisdiction of the court unless one of the following occurs:

   (1)  The juvenile is an absconder from an institution or other placement to which the juvenile was committed as a result of a previous adjudication of delinquency.

   (2)  The juvenile has willfully failed to appear at the hearing on the petition or other hearing after having been served with a court order or summons to appear.

   (3)  The juvenile has a recent demonstrable record of willful failure to appear at previous juvenile proceedings.

   (4)  The juvenile has been verified to be a fugitive from another jurisdiction, an official from which has requested that the juvenile be detained.

   (5)  The juvenile absconded from secure detention, shelter care, in-home detention, house arrest or other nonsecure placement, or while subject to electronic monitoring, ordered or authorized pending a court hearing or placement.

   (6)  The juvenile presents extraordinary circumstances requiring secure detention to prevent the juvenile from absconding. The circumstances may include, but are not limited to, the juvenile’s age, character, mental condition, ties to the community, the nature of the juvenile’s family relationships, drug or alcohol addiction or substance abuse.

Cross References

   This section cited in 37 Pa. Code §  200.4 (relating to detention required because the juvenile may abscond or be removed from the juristiction of the court); and 37 Pa. Code §  200.7 (relating to postdisposition detention awaiting placement).



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