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 § 200.9. Authorization for detention in cases of extraordinary and exceptional circumstances.

§ 200.9. Authorization for detention in cases of extraordinary and exceptional circumstances.

 (a)  A juvenile may be detained in secure detention even if this subchapter does not otherwise authorize detention if the following are met:

   (1)  The facts present extraordinary and exceptional circumstances which require the use of secure detention.

   (2)  A statement of reasons accompanying the detention includes an explanation of why an exception was warranted and why nonsecure options were rejected.

 (b)  Detention under this section may not be authorized routinely or because nonsecure alternatives do not exist in adequate numbers, but only in the exceptional and extraordinary case.

 (c)  Secure detention is not to be used when a juvenile alleged to be delinquent cannot be released solely because there is no parent, guardian or custodian able to assume responsibility or adequately supervise the juvenile.



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