CHAPTER 2. COMMENCEMENT OF PROCEEDINGS,
ARREST PROCEDURES, WRITTEN ALLEGATION,
AND PRE-ADJUDICATORY DETENTION

PART A. COMMENCING PROCEEDINGS

Rule


200.    Commencing Proceedings.

PART B. ARREST PROCEDURES IN DELINQUENCY CASES

(a) Arrest Warrants


210.    Arrest Warrants.
211.    Requirements for Issuance.
212.    Duplicate and Alias Warrants of Arrest.
213.    Execution of Arrest Warrant.

(b) Arrests Without Warrant


220.    Procedure in Cases Commenced by Arrest Without Warrant.
221.    Temporary Detention in Police Lock-Up.

PART C. WRITTEN ALLEGATION PROCEDURES


231.    Written Allegation.
232.    Contents of Written Allegation.
233.    Approval of Private Written Allegations.

PART D. PRE-ADJUDICATORY DETENTION


240.    Detention of Juvenile.
241.    Notice of Detention Hearing.
242.    Detention Hearing.
243.    Detention Rehearings.

PART A. COMMENCING PROCEEDINGS


Rule 200. Commencing Proceedings.

 Juvenile delinquency proceedings within a judicial district shall be commenced by:

   1)  submitting a written allegation pursuant to Rule 231;

   2)  an arrest without a warrant:

     a)   when the offense is a felony or misdemeanor committed in the presence of the police officer making the arrest; or

     b)   upon probable cause when the offense is a felony; or

     c)   upon probable cause when the offense is a misdemeanor not committed in the presence of the police officer making the arrest, when such arrest without a warrant is specifically authorized by statute;

   3)  the filing of a certification with the court that a juvenile has failed to comply with a lawful sentence imposed for a summary offense;

   4)  transfer of a case from a criminal proceeding pursuant to Pa.R.Crim.P. 597 and 42 Pa.C.S. §  6322;

   5)  the court accepting jurisdiction of a resident juvenile from another state; or

   6)  the court accepting supervision of a juvenile pursuant to another state’s order.

Comment

   Paragraph (1) allows for commencing delinquency proceedings by submitting a written allegation. This procedure departs from the Juvenile Act, which provides that the filing of a petition commences a proceeding. Rule 800 suspends 42 Pa.C.S. §  6321 only to the extent that it is inconsistent with the procedures of this rule. Petitions filed by any person circumvent the juvenile probation’s office ability to divert the case through informal adjustment as provided in 42 Pa.C.S. §  6323. Probation officers may ‘‘receive and examine complaints and charges of delinquency . . . of a child for the purpose of considering the commencement of proceedings.’’ 42 Pa.C.S. §  6304(a)(2).

   See Rule 231 for procedures on submitting a written allegation.

   For the definition of a ‘‘written allegation,’’ see Rule 120.

   The Juvenile Act provides that ‘‘a child may be taken into custody . . . pursuant to the laws of arrest.’’ 42 Pa.C.S. §  6324. Paragraph (2) states the laws of arrest without a warrant in Pennsylvania. See Pa.R.Crim.P. 502.

   A proceeding may be commenced pursuant to paragraph (3) by filing a certification that attests that the juvenile has failed to comply with a lawful sentence imposed for a summary offense, bypassing the need for a written allegation pursuant to Rule 231.

   Under paragraph (4), when a case is transferred from a criminal proceeding pursuant to 42 Pa.C.S. §  6322 to juvenile court, the entire case file is to be transferred. The case file is governed by the disclosure requirements of Rule 160. See Rule 337 for the filing of petition after case has been transferred from a criminal porceeding. See Rule 404 for prompt adjudicatory hearing.

   Paragraph (5) encompasses a juvenile who lives in Pennsylvania and commits a crime in another state and that state wants Pennsylvania to accept the disposition of the juvenile and supervise the juvenile.

   Paragraph (6) encompasses a juvenile who lives outside of Pennsylvania, committed a crime outside of Pennsylvania, is moving to Pennsylvania, and the other jurisdiction would like Pennsylvania to accept the disposition of the juvenile and supervise the juvenile.

   For procedures for when the juvenile is alleged to have violated probation, see Rule 612.

   For inter-county transfer of juveniles, see Rule 302.

   See §  6321(a) of the Juvenile Act for commencement of proceedings under the Juvenile Act. 42 Pa.C.S. §  6321(a).

   Official Note

   Rule 200 adopted April 1, 2005, effective October 1, 2005. Amended March 23, 2007, effective August 1, 2007. Amended May 12, 2008, effective immediately. Amended January 23, 2009, effective March 1, 2009. Amended July 31, 2012, effective November 1, 2012.

   Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 200 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

   Final Report explaining the amendments to Rule 200 published with the Court’s Order at 37 Pa.B. 1485 (April 7, 2007).

   Final Report explaining the amendments to Rule 200 published with the Court’s Order at 38 Pa.B. 2360 (May 24, 2008).

   Final Report explaining the amendments to Rule 200 published with the Court’s Order at 39 Pa.B. 676 (February 7, 2009).

   Final Report explaining the amendments to Rule 200 published with the Court’s Order at 42 Pa.B. 5350 (August 18, 2012).

Source

   The provisions of this Rule 200 amended March 23, 2007, effective August 1, 2007, 37 Pa.B. 1483; amended May 12, 2008, effective May 12, 2008, 38 Pa.B. 2360; amended January 22, 2009, effective March 1, 2009, 39 Pa.B. 676; amended July 31, 2012, effective November 1, 2012, 42 Pa.B. 5350. Immediately preceding text appears at serial pages (341534) to (341535).

PART B. ARREST PROCEDURES IN DELINQUENCY CASES



(a) Arrest Warrants


Rule 210. Arrest Warrants.

 A.  Application. An application for an arrest warrant shall be made by submitting a written allegation supported by a probable cause affidavit with the president judge or any issuing authority designated by the president judge of each judicial district. The president judge shall ensure twenty-four hour availability of a designated issuing authority.

 B.  Approval of Commonwealth. When a certification is filed by the District Attorney pursuant to Rule 231, no application for an arrest warrant shall be submitted to the issuing authority unless an attorney for the Commonwealth has approved the application.

 C.  Arrest procedures. When a juvenile is arrested pursuant to a warrant, the case shall proceed in the same manner as a warrantless arrest in accordance with Rule 220.

 D.  Transmission of file. If a magisterial district judge issues an arrest warrant for a juvenile pursuant to paragraph (A), the magisterial district judge shall forward the juvenile case file to the clerk of courts immediately or no later than the next business day.

 E.  Return of arrest warrant. Once the arrest warrant has been executed, it shall be returned to the juvenile probation office. The juvenile probation office shall, immediately and no later than the next business day, notify the magisterial district judge that the warrant has been executed.

 F.  Case closed by magisterial district judge. Once a magisterial district judge has been notified that the arrest warrant has been executed pursuant to paragraph (E), the magisterial district judge shall mark the arrest warrant as served and close the case.

Comment

   For the contents of a written allegation, see Rule 232. See http://www.pacourts.us/Forms/Default.htm for a copy of the written allegation form. For the requirements of the issuance of an arrest warrant, see Rule 211. The arrest warrant form may be accessed by a judge in the Magisterial District Judge System (MDJS) or the Common Pleas Criminal Court Case Management System (CPCMS).

   Under paragraph (A), the president judge of each judicial district may designate a juvenile court judge, another common pleas judge, or other issuing authorities to receive applications for arrest warrants. The president judge also is to designate an issuing authority to receive applications after normal business hours and on holidays. For the definition of ‘‘issuing authority,’’ see Rule 120.

   When issuing an arrest warrant, a magisterial district judge is included in the definition of court pursuant to Rule 120, and as such, the magisterial district judge is to maintain the confidentiality of records as required by Rule 160. For access to court records, see Rule 160.

   Paragraph (A) provides that a magisterial district judge may order the juvenile to be taken into custody pursuant to the laws of arrest. Pursuant to the Juvenile Act, 42 Pa.C.S. §  6303(b), a district judge of the minor judiciary may not detain a juvenile. This rule allows a magisterial district judge to issue an arrest warrant, which may lead to detention in limited circumstances. See Rule 800 (8).

   Paragraph (D) provides that if the president judge of a judicial district has appointed a magisterial district judge to accept applications for arrest warrants and the magisterial district judge issues an arrest warrant for the juvenile, the magisterial district judge is to send the juvenile case file, including the written allegation supported by a probable cause affidavit, a copy of the arrest warrant, and any other information contained in the juvenile file, to the clerk of courts. For definition of clerk of courts, see Rule 120.

   Paragraph (E) provides that the return of the arrest warrant is to be made with the juvenile probation office. The juvenile probation office immediately is to notify the magisterial district judge of the execution of the arrest warrant so the arrest warrant may be marked as executed in their computer system. This is extremely important so the juvenile does not get rearrested on the same warrant.

   Official Note

   Rule 210 adopted April 1, 2005, effective October 1, 2005. Amended March 23, 2007, effective August 1, 2007. Amended December 3, 2007, effective immediately. Amended July 16, 2012, effective immediately.

   Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 210 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

   Final Report explaining the amendments to Rule 210 published with the Court’s Order at 37 Pa.B. 1485 (April 7, 2007).

   Final Report explaining the amendments to Rule 210 published with the Court’s Order at 37 Pa.B. 6743 (December 22, 2007).

Source

   The provisions of this Rule 210 amended March 23, 2007, effective August 1, 2007, 37 Pa.B. 1483; amended December 3, 2007, effective December 3, 2007, 37 Pa.B. 6743; amended July 16, 2012, effective immediately, 42 Pa.B. 4908. Immediately preceding text appears at serial pages (341535) to (341537).

Rule 211. Requirements for Issuance.

 A.  Probable Cause. No arrest warrants shall be issued but upon probable cause, supported by one or more affidavits sworn to before the issuing authority. The issuing authority, in determining whether probable cause has been established, may not consider any evidence outside the affidavits.

 B.  Evidence. At any proceeding on a motion challenging an arrest warrant, no evidence shall be admissible to establish probable cause for the arrest warrant, other than the affidavits provided for in paragraph (A).

Comment

   This rule does not preclude oral testimony before the issuing authority, but it requires that such testimony be reduced to an affidavit prior to the issuance of a warrant. All affidavits in support of an application for an arrest warrant should be sworn to before the issuing authority prior to the issuance of the warrant.

   This rule carries over to the arrest warrant, the requirement that the evidence presented to the issuing authority be reduced to writing and sworn to, and that only the writing is subsequently admissible to establish that there was probable cause. In these respects, the procedure is similar to that applicable to search warrants. See Pa.R.Crim.P. 203.

   For a discussion of the requirements of probable cause for the issuance of an arrest warrant, see Commonwealth v. Flowers, 369 A.2d 362 (Pa. Super. Ct. 1976).

   The affidavit requirements of this rule are not intended to apply when an arrest warrant is to be issued for noncompliance with a citation, with a summons, or with a court order.

   Official Note

   Rule 211 adopted April 1, 2005, effective October 1, 2005.

   Committee Explanatory Reports:

   Final Report explaining the provisions of Chapter two, Part B published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

Rule 212. Duplicate and Alias Warrants of Arrest.

 A.  Duplicates. When a warrant of arrest has been issued and it appears necessary or desirable to issue duplicates for execution, the issuing authority may issue any number of duplicates. Each duplicate shall have the same force and effect as the original. Costs may be assessed only for one such warrant and only one service fee may be charged.

 B.  Alias. After service and execution of an original or duplicate warrant, an alias warrant may be issued if the purpose for which the original or duplicate has been issued has not been accomplished.

   Official Note

   Rule 212 adopted April 1, 2005, effective October 1, 2005.

   Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 212 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

Rule 213. Execution of Arrest Warrant.

 A.  A warrant of arrest may be executed at any place within the Commonwealth.

 B.  A police officer shall execute a warrant of arrest.

Comment

   For the definition of ‘‘police officer,’’ see Rule 120.

   Official Note

   Rule 213 adopted April 1, 2005, effective October 1, 2005.

   Committee Explanatory Reports:

   Final Report explaining the provisions of Chapter two, Part B published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

(b) Arrests Without Warrant


Rule 220. Procedure in Cases Commenced by Arrest Without Warrant.

 A.  The person arresting a juvenile shall promptly:

   1)  notify the juvenile’s guardian of:

     a)   the arrest of the juvenile;

     b)   the reason for the arrest; and

     c)   the juvenile’s whereabouts; and

   2)  either:

     a)   release the juvenile to his or her guardian upon the guardian’s promise to bring the juvenile before the court when requested by the court, unless detention of the juvenile is warranted; or

     b)   deliver the juvenile before the court or to a detention facility designated by the court; or

     c)   deliver the juvenile to a medical facility if the juvenile is believed to be suffering from a physical condition or illness that requires prompt treatment.

 B.  In all cases, the person arresting the juvenile promptly shall submit the written allegation, as required by Rule 231(A)(2).

Comment

   The juvenile probation officer can accept juveniles for the court as described in paragraph (A)(2)(b).

   The release of the juvenile does not eliminate the requirement of submission of a written allegation. For the general procedures governing written allegations, see Chapter Two, Part (C).

   See 42 Pa.C.S. §  6326.

   See 42 Pa.C.S. §  6308 for the taking of fingerprints and photographs by law enforcement officers. The arresting officer is to ensure that the fingerprints and photographs are forwarded to the central repository as required by the Pennsylvania State Police. 42 Pa.C.S. §  6309(c).

   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 220 adopted April 1, 2005, effective October 1, 2005. Amended December 24, 2009, effective immediately. Amended June 28, 2013, effective immediately.

   Committee Explanatory Reports:

   Final Report explaining the provisions of Chapter Two, Part B published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

   Final Report explaining the amendments to Rule 220 published with the Court’s Order at 40 Pa.B. 222 (January 9, 2010).

   Final Report explaining the amendments to Rule 220 published with the Court’s Order at 43 Pa.B. 3938 (July 13, 2013).

Source

   The provisions of this Rule 220 amended December 24, 2009, effective immediately, 40 Pa.B. 222; amended June 28, 2013, effective immediately, 43 Pa.B. 3938. Immediately preceding text appears at serial page (347589).

Rule 221. Temporary Detention in Police Lock-Up.

 A.  Secure detention. A juvenile under arrest may be held securely in a police lock-up or other facility that houses an adult lock-up only under the following conditions:

   1)  the secure holding shall only be for the purpose of identification, investigation, processing, releasing or transferring the juvenile to a guardian, juvenile court, or detention facility;

   2)  the secure holding shall be limited to the minimum time necessary to complete the procedures listed in paragraph (A)(1), but in no case may such holding exceed six hours; and

   3)  if so held, the juvenile shall be separated by sight and sound from incarcerated adult offenders and shall be under the continuous visual supervision of law enforcement officials or facility staff.

 A juvenile shall be deemed to be held securely only when physically detained, confined in a locked room or cell, or when secured to a cuffing rail or other stationary object within the facility.

 B.  Non-secure detention. Notwithstanding other provisions of law, a juvenile may be held in non-secure custody in a building or facility that houses an adult lock-up only under the following conditions:

   1)  the area where the juvenile is held is an unlocked multi-purpose area that is not designated or used as a secure detention area or is not part of a secure detention area; or, if the area is a secure booking or similar area, it is used only for processing purposes;

   2)  the juvenile is not physically secured to a cuffing rail or other stationary object during the period of custody in the facility;

   3)  the area is limited to providing non-secure custody only long enough for the purposes of identification, investigation, processing or release to guardians or for arranging transfer to another agency or appropriate facility; and

   4)  the juvenile shall be under continuous visual supervision by a law enforcement officer or other facility staff during the period of non-secure custody.

Comment

   This rule reflects certain provisions of §  6326 of the Juvenile Act. 42 Pa.C.S. §  6326.

   The terms ‘‘police lock-up’’ and ‘‘adult lock-up’’ as used in this rule do not include a county jail or state prison. If detained, a juvenile is not to be held in a county jail or state prison. The use of a temporary holding cell at the local or state police station or courthouse is permissible if the requirements of this rule have been met.

   Official Note

   Rule 221 adopted April 1, 2005, effective October 1, 2005. Amended June 28, 2013, effective immediately.

   Committee Explanatory Reports:

   Final Report explaining the amendments to Rule 221 published with the Court’s Order at 43 Pa.B. 3938 (July 13, 2013).

Source

   The provisions of this Rule 221 amended June 28, 2013, effective immediately, 43 Pa.B. 3938. Immediately preceding text appears at serial page (347590).

PART C. WRITTEN ALLEGATION PROCEDURES


Rule 231. Written Allegation.

 A.  Submission. In every delinquency case, the law enforcement officer shall submit a written allegation to the juvenile probation office.

   1)  Juvenile not under arrest. When a juvenile is not under arrest, a written allegation shall be submitted to the juvenile probation office and a copy shall be forwarded to the attorney for the Commonwealth unless the District Attorney elects to require initial receipt and approval of the written allegation under paragraph (B).

   2)  Juvenile under arrest. When a juvenile is under arrest, a written allegation shall be submitted promptly to the court or detention facility, and copies shall be immediately forwarded to the juvenile probation office and the attorney for the Commonwealth unless the District Attorney elects to require initial receipt and approval of the written allegation under paragraph (B).

 B.  Approval by the District Attorney. The District Attorney of any county may require initial receipt and approval of written allegations by an attorney for the Commonwealth before a delinquency proceeding is commenced.

   1)  Certification. If the District Attorney elects to require initial receipt and approval of written allegations in his or her county, the District Attorney shall file a certification with the court of common pleas. The certification shall specifically state the classes, grading, or types of cases that the police officer shall submit to the attorney for the Commonwealth.

   2)  Timeliness. All written allegations shall be approved or disapproved without unreasonable delay. An attorney for the Commonwealth shall be available at all times for this purpose unless the District Attorney has specified otherwise in the certification pursuant to (B)(1).

 C.  Procedures Following the Attorney for the Commonwealth’s Approval.

   1)  Juvenile not under arrest. If a juvenile is not under arrest and an attorney for the Commonwealth approves the written allegation, notice of the approval and a copy of the written allegation shall be forwarded immediately to the juvenile probation office.

   2)  Juvenile under arrest. If a juvenile is under arrest, the written allegation shall be submitted to the attorney for the Commonwealth and approved prior to taking the juvenile to a detention facility. If the written allegation is approved, it shall be submitted promptly to the court or detention facility. A copy of the notice of the approval and the written allegation shall be forwarded to the juvenile probation office.

 D.  Attorney for the Commonwealth’s Disapproval. If the written allegation has been disapproved for prosecution, it shall nevertheless be transmitted to the juvenile probation office with notice of the disapproval. If the juvenile is in custody, the juvenile shall be released immediately unless there are other grounds for the juvenile’s detention.

Comment

   A ‘‘petition’’ and a ‘‘written allegation’’ are two separate documents and serve two distinct functions. A ‘‘written allegation’’ is the document that initiates juvenile delinquency proceedings. Usually, the ‘‘written allegation’’ will be filed by a law enforcement officer and will allege that the juvenile has committed a delinquent act that comes within the jurisdiction of the juvenile court. Once this document is submitted, a preliminary determination of the juvenile court’s jurisdiction is to be made. Informal adjustment and other diversionary programs may be pursued. If the attorney for the Commonwealth or the juvenile probation officer determines that formal juvenile court action is necessary, a petition is then filed.

   See Rules 210 (Arrest Warrants) and 220 (Procedures in Cases Commenced by Arrest Without Warrant) for the procedures on submitting written allegations for arrests.

   Under paragraphs (A)(2) and (C)(2), the police officer is to submit the written allegation promptly to the intake staff at the court or the detention facility.

   As used in this rule, ‘‘District Attorney’’ is the District Attorney of each county. This rule gives the District Attorney of each county the option of requiring that written allegations and /or arrest warrant affidavits filed in that county by police officers have the prior approval of an attorney for the Commonwealth. Under the rule, the District Attorney may elect to require prior approval of written allegation, or arrest warrant affidavits (see Rule 210), or both. In addition, the District Attorney is given the authority to define which offenses or grades of offenses will require such prior approval. For example, the District Attorney may specify that prior approval will be required only if a felony is alleged, or that prior approval will be required for all cases.

   Under paragraph (B), the District Attorney decides whether an attorney for the Commonwealth receives initial receipt and approval of written allegations. Once the District Attorney has filed a certification with the court under paragraph (B)(1), any attorney for the Commonwealth may receive and approve written allegations as specified in the certification by the District Attorney. This procedure creates a new option for the District Attorney to decide if written allegations need to be approved by an attorney for the Commonwealth. To implement this procedure, Rule 800 suspends 42 Pa.C.S. §  6304, only to the extent that probation officers may have to seek approval of any attorney for the Commonwealth.

   Under paragraph (D), a juvenile should be released from custody unless there are other legally sufficient bases for detaining the juvenile, such as, violation of probation or other pending allegations.

   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 231 adopted April 1, 2005, effective October 1, 2005. Amended June 28, 2013, effective immediately.

   Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 231 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

   Final Report explaining the amendments to Rule 231 published with the Court’s Order at 43 Pa.B. 3938 (July 13, 2013).

Source

   The provisions of this Rule 231 amended June 28, 2013, effective immediately, 43 Pa.B. 3938. Immediately preceding text appears at serial pages (347590) to (347592).

Rule 232. Contents of Written Allegation.

 Every written allegation shall contain:

   1)  the name of the person making the allegations;

   2)  the name, date of birth, and address, if known, of the juvenile, or if unknown, a description of the juvenile;

   3)  a statement that:

     a)   it is in the best interest of the juvenile and the public that the proceedings be brought; and

     b)   the juvenile is in need of treatment, supervision, or rehabilitation;

   4)  the date when the offense is alleged to have been committed; provided, however:

     a)   if the specific date is unknown, or if the offense is a continuing one, it shall be sufficient to state that it was committed on or about any date within the period of limitations; and

     b)   if the date or day of the week is an essential element of the offense alleged, such date or day shall be specifically set forth;

   5)  the place where the offense is alleged to have been committed;

   6)  a) a summary of the facts sufficient to advise the juvenile of the nature of the offense alleged; and

     b) the official or customary citation of the statute and section, or other provision of law which the juvenile is alleged to have violated, but an error in such citation shall not affect the validity or sufficiency of the written allegation;

   7)  the name and age of any conspirators, if known;

   8)  a statement that the acts were against the peace and dignity of the Commonwealth of Pennsylvania or in violation of an ordinance of a political subdivision;

   9)  a notation indicating whether the juvenile has or has not been fingerprinted and photographed;

   10)  a notation if criminal laboratory services are requested in the case;

   11)  a verification by the person making the allegation that the facts set forth in the written allegation are true and correct to the person’s personal knowledge, information, or belief, and that any false statement made is subject to the penalties of the Crimes Code, 18 Pa.C.S. §  4904, relating to unsworn falsification to authorities;

   12)  the signature of the person making the allegation and the date of execution of the written allegation; and

   13)  the name and address of the juvenile’s guardian, or if unknown, the name and address of the nearest adult relative.

Comment

   This rule sets forth the required contents of all written allegations whether the person making the allegation is a law enforcement officer, a police officer, or a private citizen. See http://www.pacourts.us/Forms/Default.htm for a copy of the written allegation form that is to be submitted.

   See 42 Pa.C.S. §  6308 for the taking of fingerprints and photographs pursuant to paragraph (a).

   Official Note

   Rule 232 adopted April 1, 2005, effective October 1, 2005. Amended December 3, 2007, effective immediately. Amended January 23, 2009, effective March 1, 2009. Amended December 24, 2009, effective immediately.

   Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 232 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

   Final Report explaining the amendments to Rule 232 published with the Court’s Order at 37 Pa.B. 6743 (December 22, 2007).

   Final Report explaining the amendments to Rule 232 published with the Court’s Order at 39 Pa.B. 676 (February 7, 2009).

   Final Report explaining the amendments to Rule 232 published with the Court’s Order at 40 Pa.B. 222 (January 9, 2010).

Source

   The provisions of this Rule 232 amended December 3, 2007, effective December 3, 2007, 37 Pa.B. 6743; amended January 23, 2009, effective March 1, 2009, 39 Pa.B. 676; amended December 24, 2009, effective immediately, 40 Pa.B. 222. Immediately preceding text appears at serial pages (341540) to (341541).

Rule 233. Approval of Private Written Allegations.

 A.  Submission of written allegation. When the person making the allegation is not a law enforcement officer, the written allegation shall be submitted to the juvenile probation officer for approval, unless the District Attorney has elected to require initial receipt and approval under Rule 231(B). The juvenile probation officer or the attorney for the Commonwealth shall approve or disapprove the written allegation without unreasonable delay.

 B.  Requirements.

   1)  Approval. If the private written allegation is approved, the case shall proceed as any other written allegation under Rule 231(C) and (D).

   2)  Disapproval. If the written allegation is disapproved, the attorney for the Commonwealth or the juvenile probation officer shall state the reasons on the written allegation form and return it to the person making the allegation. The person making the allegation may file a motion for review of the disapproval by the court.

Comment

   For the contents of a written allegation, see Rule 231.

   In all cases where the affiant is not a law enforcement officer, the written allegation should be submitted for approval or disapproval by the juvenile probation officer or the attorney for the Commonwealth. Once the allegation is approved, the case should proceed as any other written allegation would proceed. See Rule 231.

   When the person filing a document alleging a juvenile committed a delinquent act is a private citizen, he or she should follow the same process and proceedings as probation officers and law enforcement officers. Private citizens are not to be afforded additional rights when it comes to adjudicating a juvenile delinquent. The purpose of the Juvenile Act, 42 Pa.C.S. §  6334, is achieved by providing an avenue for the private citizen to commence a delinquency proceeding by submitting a written allegation. If the written allegation is disapproved, the private citizen has the right to challenge the decision by motion to the court of common pleas. If the court of common pleas overturns the decision of the attorney for the Commonwealth or the juvenile probation officer, the court should direct the attorney for the Commonwealth or the juvenile probation officer to approve the written allegation and proceed with the case in the same manner as any other case. This procedure ensures informal action is not precluded, such as, informal adjustment. Once a petition is filed, informal adjustment is not allowed. See Comment to Rule 312. In addition, Rule 800 suspends 42 Pa.C.S. §  6334 only to the extent that a private citizen may not submit a petition.

   For motions and service, see Rules 344 and 345.

   Official Note

   Rule 233 adopted April 1, 2005, effective October 1, 2005.

   Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 233 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

PART D. PRE-ADJUDICATORY DETENTION


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.

 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 (Procedures in Cases Commenced by Arrest Without Warrant) and 313(B) (Taking into Custody from Intake) for notification of the guardian.

   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.

   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).

Source

   The provisions of this Rule 240 amended June 28, 2013, effective immediately, 43 Pa.B. 3938. Immediately preceding text appears at serial pages (347594) and (363275) to (363276).

Rule 241. Notice of Detention Hearing.

 Notice of the detention hearing, including date, time, place, and purpose, shall be given to:

   1)  the juvenile;

   2)  the juvenile’s guardian;

   3)  the juvenile’s attorney;

   4)  the juvenile probation officer;

   5)  the attorney for the Commonwealth;

   6)  the victim; and

   7)  any other appropriate persons.

Comment

   Notice should be as timely as possible. Because there is a seventy-two hour time restriction, notice may be oral. Every possible attempt should be made to notify all interested persons.

   If a guardian has not been notified, a rehearing is to be ordered under Rule 243 upon submission of an affidavit by the guardian.

   The attorney for the Commonwealth or its designee is to notify the victim of the date, time, place, and purpose of the hearing. See Victim’s Bill of Rights, 18 P. S. §  11.201 et seq.

   Any persons may be subpoenaed to appear for the detention hearing. See Rule 123 and 42 Pa.C.S. §  6333. However, nothing in these rules requires the attendance of the victim unless subpoenaed.

   Official Note

   Rule 241 adopted April 1, 2005, effective October 1, 2005. Amended May 26, 2011, effective July 1, 2011.

   Committee Explanatory Reports:

   Final Report explaining the amendments to Rule 241 published with the Court’s Order at 41 Pa.B. 3180 (June 25, 2011).

Source

   The provisions of this Rule 241 amended May 26, 2011, effective July 1, 2011, 41 Pa.B. 3180. Immediately preceding text appears at serial page (357294).

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 assigned counsel; and

   3)  inform the juvenile of the right to remain silent with respect to any allegation of delinquency.

 B.  Manner of hearing.

   1)  Conduct.

     a)   The hearing shall be conducted in an informal but orderly manner.

     b)   The attorney for the Commonwealth shall:

       i)   attend the hearing; and

       ii)   present such evidence as the Commonwealth deems necessary to support the written allegation and the need for detention.

   2)  Recording. If requested by the juvenile or the Commonwealth, or if ordered by the court, the hearing shall be recorded by appropriate means. If not so recorded, full minutes of the hearing shall be kept.

   3)  Testimony and evidence.

     a)   All evidence helpful in determining the questions presented, including oral or written reports, may be received by the court and relied upon to the extent of its probative value even though not competent in the hearing on the petition.

     b)   The juvenile’s attorney, the juvenile, if the juvenile has waived counsel pursuant to Rule 152, and the attorney for the Commonwealth shall be afforded an opportunity to examine and controvert written reports so received.

   4)  Juvenile’s rights. The juvenile shall be present at the detention hearing and the juvenile’s attorney or the juvenile, if the juvenile has waived counsel pursuant to Rule 152, may:

     a)   cross-examine witnesses offered against the juvenile; and

     b)   offer evidence or witnesses, if any, pertinent to the probable cause or detention determination.

   5)  Advanced communication technology. A court may utilize advanced communication technology pursuant to Rule 129 for a juvenile or a witness unless good cause is shown otherwise.

 C.  Findings. The court shall determine whether:

   1)  there is probable cause that a delinquent act was committed by the juvenile;

   2)  detention of the juvenile is warranted; and

   3)  there are any special needs of the juvenile that have been identified and that the court deems necessary to address while the juvenile is in detention.

 D.  Filing of petition. If a juvenile remains detained after the hearing, a petition shall be filed with the clerk of courts within twenty-four hours or the next court business day.

 E.  Court’s order. At the conclusion of the detention hearing, the court shall enter a written order setting forth its findings pursuant to paragraph (C).

Comment

   A detention hearing consists of two stages. The first stage of a detention hearing is a probable cause hearing. If probable cause is not found, the juvenile is to be released. If probable cause is found, then the court is to proceed to the second stage.

   The second stage of a detention hearing is a detention determination hearing. The court should hear pertinent evidence concerning the detention status of the juvenile, review and consider all alternatives to secure detention, and determine if the detention of the juvenile is warranted.

   An additional determination is required in paragraph (C)(3) although this is not a third stage of the detention hearing. It is important that the court address any special needs of the juvenile while the juvenile is in detention. The juvenile’s attorney, the juvenile probation officer, or detention staff is to present any educational, health care, and disability needs to the court, if known at the time of the hearing. Special needs may include needs for special education, remedial services, health care, and disability. If the court determines a juvenile is in need of an educational decision maker, the court is to appoint an educational decision maker pursuant to Rule 147.

   When addressing the juvenile’s needs concerning health care and disability, the court’s order should address the right of: 1) a juvenile to receive timely and medically appropriate screenings and health care services, 55 Pa. Code §  3800.32 and 42 U.S.C. §  1396d(r); and 2) a juvenile with disabilities to receive necessary accommodations, 42 U.S.C. §  12132, 28 C.F.R. §  35.101 et seq., Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §  794, and implementing regulations at 45 C.F.R. §  84.1 et seq.

   Pursuant to the Juvenile Act, the court has authority to order a physical or mental examination of a juvenile and medical or surgical treatment of a minor, who is suffering from a serious physical condition or illness which requires prompt treatment in the opinion of a physician. The court may order the treatment even if the guardians have not been given notice of the pending hearing, are not available, or without good cause inform the court that they do not consent to the treatment. 42 Pa.C.S. §  6339(b).

   The procedures of paragraph (D) deviate from the procedures of the Juvenile Act. See 42 Pa.C.S. §  6331. Under paragraph (D), a petition does not have to be filed within twenty-four hours of the juvenile’s detention; rather, the petition should be filed within twenty-four hours of the conclusion of the detention hearing if the juvenile is detained. See Rule 800. If the juvenile is not detained, a petition may be filed at any time prior to the adjudicatory hearing. However, the juvenile’s attorney should have sufficient notice of the allegations prior to the adjudicatory hearing to prepare for the defense of the juvenile. See Rule 330 for petition requirements, Rule 331 for service of the petition, and Rule 363 for time of service.

   The victim may be present at the hearing. See Rule 132 and 18 P. S. §  11.201 et seq. Any persons may be subpoenaed to appear for the hearing. See Rule 123 and 42 Pa.C.S. §  6333. However, nothing in these rules requires the attendance of the victim unless subpoenaed. If the victim is not present, the victim is to be notified of the final outcome of the proceeding. See Victim’s Bill of Rights, 18 P. S. §  11.201 et seq.

   See 42 Pa.C.S. § §  6332, 6336, and 6338 for the statutory provisions concerning informal hearings and other basic rights.

   Official Note

   Rule 242 adopted April 1, 2005, effective October 1, 2005. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended May 26, 2011, effective July 1, 2011. Amended July 18, 2012, effective October 1, 2012.

   Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 242 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

   Final Report explaining the amendments to Rule 242 published with the Court’s Order at 41 Pa.B. 2319 (May 7, 2011).

   Final Report explaining the amendments to Rule 242 published with the Court’s Order at 41 Pa.B. 2413 (May 14, 2011).

   Final Report explaining the amendments to Rule 242 published with the Court’s Order at 41 Pa.B. 3180 (June 25, 2011).

   Final Report explaining the amendments to Rule 242 published with the Court’s Order at 42 Pa.B. 4909 (August 4, 2012).

Source

   The provisions of this Rule 242 amended April 21, 2011, effective July 1, 2011, 41 Pa.B. 2319; amended April 29, 2011, effective July 1, 2011, 41 Pa.B. 2413; amended May 26, 2011, effective July 1, 2011, 41 Pa.B. 3180; amended July 18, 2012, effective October 1, 2012, 42 Pa.B. 4909. Immediately preceding text appears at serial pages (357764) to (357766).

Rule 243. Detention Rehearings.

 A.  Mandatory Rehearing. If the guardian submits an affidavit to the juvenile probation officer alleging that the guardian was not notified of the detention hearing and that the guardian did not appear or waive appearance at the detention hearing, a rehearing shall be held within seventy-two hours of the submission of the affidavit.

 B. Discretionary Rehearing. The court may grant a rehearing upon request of the juvenile’s attorney, the juvenile, if unrepresented, or the attorney for the Commonwealth, or on its own motion.

 C.  Forum. The judge, who heard the original detention hearing or adopted the findings of the master, shall hold the rehearing, unless the judge assigns the case to a master.

Comment

   See 42 Pa.C.S. §  6332(b).

   Under paragraph (A), upon receiving an affidavit, the juvenile probation officer is to schedule a rehearing, forward the affidavit to the proper person to schedule a rehearing, or submit the affidavit to the court for rescheduling.

   Under paragraph (C), only a judge may hold a rehearing, unless the judge orders a master to hear the case.

   Official Note

   Rule 243 adopted April 1, 2005, effective October 1, 2005.

   Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 243 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).



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