[33 Pa.B. 1581]
[Continued from previous Web Page]
CHAPTER 6. POST-DISPOSITIONAL PROCEDURES
PART A. SUMMONS AND NOTICES
600. Summons and Notices of the Commitment Review, Dispositional Review, and Probation Revocation Hearing.
PART B. MODIFICATIONS, REVIEWS, AND APPEALS
605. Detaining Juvenile for Modification of the Dispositional Order or Violation of Probation. 610. Dispositional and Commitment Review. 612. Modification of Dispositional Order: Probation Revocation. 613. Termination of Court Supervision. 616. (Reserved).
617. (Reserved).
PART A. SUMMONS AND NOTICES Rule 600. Summons and Notices of the Commitment Review, Dispositional Review, and Probation Revocation Hearing.
A. Summons. The court shall issue a summons compelling the juvenile and the juvenile's guardian to appear for the commitment review, dispositional review, or probation revocation hearing.
B. Notices. The court shall give notice of the hearing to:
1) the attorney for the Commonwealth;
2) the juvenile's attorney;
3) the juvenile probation office; and
4) the placement facility staff, if the juvenile is in placement.
C. Requirements. The general summons and notices procedures of Rule 114 shall be followed.
Comment Section 6335(a) of the Juvenile Act provides that the court shall direct the issuance of a summons to the juvenile, guardian, and any other persons as appears to the court to be proper and necessary parties to the proceedings. 42 Pa.C.S. § 6335(a).
The attorney for the Commonwealth or the juvenile probation officer should notify the victim of the hearing. See Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
Other persons may be subpoenaed to appear for the hearing. See 42 Pa.C.S. § 6333.
PART B. MODIFICATIONS,
REVIEWS, AND APPEALSRule 605. Detaining Juvenile for Modification of the Dispositional Order or Violation of Probation.
A. A juvenile may be detained for a modification of a dispositional order or a violation of probation by:
1) the filing of a motion for modification of the dispositional order;
2) the anticipated filing of a motion for modification of the dispositional order within twenty-four hours of the juvenile's detention; or
3) the filing of a motion alleging probation violations.
B. The court shall adhere to the detention, notice, time, and manner of hearing provisions of Rules 240, 241 and 242.
Rule 610. Dispositional and Commitment Review.
A. Dispositional Review Hearing.
1) A court may schedule a review hearing at any time.
2) In all cases when the juvenile is removed from the home, the court shall hold dispositional review hearings at least every six months.
B. Change in dispositional order. Whenever there is a request for a change in the dispositional order, the court shall give all parties notice of the request and an opportunity to be heard.
1) The juvenile may be detained pending a court hearing.
2) A detention hearing shall be held within seventy-two hours of the juvenile's detention, if detained.
3) The juvenile shall be given a statement of reasons for the discharge from a placement facility or request for change in the dispositional order.
4) A review hearing shall be held within twenty days of the discharge from the placement facility or request for change in the dispositional order.
C. Advanced Communication Technology. If all parties agree, commitment and dispositional review hearings may be held by teleconferencing, two-way simultaneous audio-visual communication, or another similar method when a juvenile is committed to a placement facility. The juvenile shall be permitted to communicate fully and confidentially with the juvenile's attorney immediately prior to and during the proceeding.
Comment Under paragraph (A), the court may hold a review hearing at any time; however, if the juvenile is removed from the home, the court should have a hearing at least every six months.
Paragraph (B) includes, but is not limited to, requests: 1) to transfer a juvenile to a lesser-restrictive facility; 2) to transfer the juvenile to a more secure facility for failing to adjust; 3) to change a probationary term; and 4) to modify disposition for another reason.
Nothing in this rule is intended to prohibit the emergency transfer of a juvenile from a placement facility to a detention facility pending reconsideration of the dispositional order.
Some placement facilities are hours away from the dispositional court. Paragraph (C) allows a hearing, when a juvenile is in a placement facility, to be conducted via teleconferencing, two-way simultaneous audio-visual communication, or similar method. The juvenile is to be afforded all the same rights and privileges as if the hearing was held with all parties present in the courtroom.
Rule 612. Modification of Dispositional Order: Probation Revocation.
A. Filing. A motion to modify disposition or revoke probation shall be filed in accordance with Rule 345.
B. Time of Hearing on the Motion.
1) If the juvenile is detained, the hearing on the motion shall be held within ten days of the detention hearing.
2) If the juvenile is not detained, the hearing on the motion shall be held promptly.
C. Modification. If the court modifies the dispositional order, the court shall state the grounds for the modification and shall issue a new dispositional order in accordance with Rule 515.
Comment A juvenile should be afforded minimal requirements of due process before probation can be revoked. Cf. Gagnon v. Scarpelli, 411 U.S. 778 (1973); Morrissey v. Brewer, 408 U.S. 471 (1972). A juvenile's probation cannot be revoked simply on the grounds of hearsay evidence. In re Davis, 586 A.2d 914 (Pa. 1991).
For detention procedures under paragraph (A), see Rules 240 through 243.
This rule is not intended to preclude a motion for modification of a dispositional order after the juvenile has been detained.
For dispositional orders, see Rule 515.
Rule 613. Termination of Court Supervision.
A. Notice. When the juvenile has completed the terms of the dispositional order, the juvenile probation officer shall move for the termination of the court's supervision by filing a motion. The motion shall set forth:
1) The juvenile has completed the terms of the court's dispositional order;
2) Restitution, fines, and costs have been paid in full; and
3) The juvenile has not committed any new offenses in which a criminal proceeding or proceeding governed by the Juvenile Act, 42 Pa.C.S. § 6301 et seq., may be commenced.
B. Objection. Any party may object to the motion under paragraph (A) and request a hearing. Such objection shall be made within thirty days of receipt of the motion; otherwise, objections are deemed waived.
C. Hearing. If objections have been made under paragraph (B), the court shall hold a hearing and give each party an opportunity to be heard before the court enters its final order.
D. Termination. When the requirements of paragraphs (A) through (C) have been met and the court is satisfied that the juvenile has carried out the terms of the dispositional order, the court may discharge the juvenile from its supervision.
Comment For procedures on motions, see Rule 344. For procedures on the dispositional order, see Rule 515. See also, 42 Pa.C.S. § 6352.
Under paragraph (A)(2), see 42 Pa.C.S. § 9728 for collection of outstanding restitution.
Rule 616. (Reserved).
Rule 617. (Reserved).
CHAPTER 8. SUSPENSIONS
800. Suspensions of Acts of Assembly. Rule 800. Suspensions of Acts of Assembly.
All Acts of Assembly shall be suspended to the extent that they are inconsistent with these Rules.
EXPLANATORY REPORT
History of the Committee The amendments to the Juvenile Act, 42 Pa.C.S. § 6301, et seq., passed during the 1995 Special Session on Crime and subsequent legislation changed the purpose of the juvenile court. The juvenile court as a result must balance the: 1) needs of the victim, 2) community safety and protection, and 3) accountability of the juvenile. Because the Juvenile Act now provides for the ''automatic'' transfer to adult court for prosecution for serious offenses, open proceedings in juvenile court, the extension of juvenile pre-adjudicatory detention, and a Victim's Bill of Rights, there was an imperative need for the creation and ongoing review of statewide rules of procedure to establish uniformity throughout the Commonwealth.
In response to these statutory changes and specifically the resulting need for procedural rules, the Supreme Court initiated the Juvenile Court Procedural Rules Project in 1998 to undertake a close analysis of national standards, statutory and case law, and local practice.
On the basis of the work completed by the Project and the need to begin the detailed and specialized work of drafting the necessary procedural rules, the Supreme Court of Pennsylvania established the Juvenile Court Procedural Rules Committee (hereinafter ''Committee'') on January 22, 2001. This nine-member advisory Committee to the Court, drawn from members of the bench and bar across Pennsylvania, was charged with the responsibility for conducting a formal review of procedural practice in juvenile court and with developing a comprehensive set of statewide rules for the Court's consideration.1 The Committee decided that its first task would be to develop rules for delinquency cases only, temporarily setting aside consideration of the dependency jurisdiction of the juvenile court. The Committee will consider rules for dependency in the near future.
Process of Rule-Drafting The Committee surveyed local practices across this Commonwealth by speaking with judges, masters, law enforcement officials, juvenile probation officers, court administrators, district attorneys, public defenders, and private defense attorneys in every judicial district. The Committee also examined case law, the Juvenile Act, 42 Pa.C.S. § 6301, et seq., the Pennsylvania Rules of Criminal Procedure, the Juvenile Court Judges' Commission Juvenile Court Standards, and many other sources.
After examining these sources and local practices, the Committee debated and discussed every issue with great detail and thought. As a result of our discussions, the Committee has established a set of procedural rules that: 1) simplifies practice and procedure, 2) provides uniformity, and 3) reflects current practices of the majority of the judicial districts. These uniform rules will enable the statewide practice of law and create fairness in administration and disposition of juveniles.
The new rules also will create uniformity in terminology, which will additionally facilitate the statewide practice of law. For example, we have used the term ''written allegation'' to describe the document that is completed by a law enforcement officer when an act of delinquency is committed. This document has been commonly labeled ''probable cause affidavit,'' ''complaint,'' ''police papers,'' ''charge form,'' or ''allegation of delinquency'' and is already submitted in most judicial districts. When juvenile courts are automated, common language will be even more important.2
The Rules Generally The Committee has presented the rules in an order that tracks the juvenile system from beginning to end. Chapter One sets forth the general provisions and the provisions related to the business of the courts that apply throughout the juvenile court process. Chapter Two deals with the commencement of proceedings and the procedures when a juvenile is arrested and detained in a detention facility. Chapter Three provides for the procedures on venue and jurisdiction, intake and informal adjustment, the filing of a petition, discovery, motions, summons and notices, consent decree, preservation of testimony and evidence, and transfer for criminal prosecution. Chapter Four sets forth the adjudicatory hearing procedures. Chapter Five provides for the procedures for the dispositional hearing. Finally, post-dispositional procedures, including modifications, reviews, and appeals are provided for in Chapter Six.
In these rules, the Committee has proposed several terms of general application. We use the term ''juvenile'' to describe a child in the juvenile court delinquency process. The Committee considered ''child,'' ''minor,'' ''delinquent,'' and ''juvenile'' as appropriate terms. After careful thought and consideration, the Committee chose ''juvenile,'' reasoning the intent is not to presume the person to be a delinquent or an innocent child, so the least controversial term is ''juvenile.'' In fact, the name of the court is ''juvenile court'' and the probation officers are called ''juvenile probation officers.''
The Committee uses the term ''attorney for the Commonwealth'' instead of district attorney because occasionally, the Attorney General's office is involved in delinquency cases. When the Committee is referring to the elected District Attorney, we use the term ''District Attorney,'' and when referring to the District Attorney's staff or the Attorney General's staff, we use the term ''attorney for the Commonwealth.''
The Committee uses the term ''guardian'' throughout the rules to describe ''parent,'' ''guardian,'' ''custodian,'' ''foster parent,'' ''temporary guardian,'' or any other person having custody of the juvenile to simplify what we call the many individuals who serve as this interested adult.
Finally, there are some additional procedural areas the Committee believes may necessitate statewide procedural rules. We have reserved consideration of these for later discussion, and have not included them in this initial set of rules that will be recommended to the Supreme Court. Rules that may be developed at a later date include, for example, Rule 119 (Open Proceedings), Rule 384 (DNA Testing), Rule 520 (Transfer of Disposition and Supervision of Juvenile to Another State), Rule 521 (Disposition and Supervision of a Juvenile Received from Another State), Rule 616 (Post-Dispositional Procedures; Appeals), and Rule 617 (Release of a Juvenile Pending Appeal).
The following discussion highlights the major areas addressed in the Rules, but does not discuss every rule in the proposal.
Chapter One The general provisions are Rules 100--105. Business of courts is covered in Part A, Rules 110--125. Part B addresses counsel, Rules 130--132. Records are covered in Part C, Rules 140--163. Part D address masters in Rules 171--177.
General Provisions
Rule 100--Scope of Rules.
Rule 100 provides that these rules govern delinquency proceedings. At this time, these rules do not govern dependency procedures; however, this rule may be amended in the future to include procedures on dependents.
Rule 105--Search Warrants.
After careful thought and consideration, the Committee concluded that police officers should follow the same procedure for obtaining and executing search warrants whether the person or place being searched relates to a case that may involve an adult or juvenile offender. To simplify this procedure and keep the standards uniform, and because law enforcement officers are familiar with these procedures, the Committee has deferred to the Pennsylvania Rules of Criminal Procedure for the search warrant procedures.
PART A--BUSINESS OF COURTS
Rule 111--Local Rules.
So the Court and Committee are able to regulate and monitor local rules to ensure the local rules are in compliance with the Pennsylvania Rules of Juvenile Court Procedure (Pa.R.J.C.P.), and to ensure that local practices do not inhibit the statewide practice of law, Rule 111 requires all local rules be vacated at the time these rules become effective. This does not mean all local rules have to be redrafted in their entirety. After reviewing their local rules for consistency and conformity with the new statewide rules, each judicial district may only need to repromulgate their rules after rekeying the rule numbers. See paragraph (B)(2) and Comment.
Rule 112--Continuances.
The Committee discussed what happens with a summons when a case is continued, and concluded the summons does not have to be reissued if the party is notified of the date, place, and time of the rescheduled hearing. See paragraph (B) and Comment.
Rule 118--Proceedings in Absentia.
The issue of whether a juvenile may be adjudicated in absentia generated a great deal of debate. Our surveys of the judicial districts revealed that in most cases, the juvenile is present for the proceedings. There are a few instances in which the juvenile would not be present, such as, fleeing from the courtroom to avoid prosecution. The Committee agreed that there may be times when it is appropriate to adjudicate a juvenile in absentia, but was concerned that, by providing for this, any time a juvenile did not appear at a hearing, the juvenile could be adjudicated in absentia. To safeguard against this possibility, the rule makes it clear that in absentia adjudications may only be conducted in those few cases where the juvenile willfully fails to appear or disappears. The rule also provides for the in absentia adjudication only in the discretion of the juvenile court judge, and that the judge can chose never to adjudicate a juvenile in his or her absence.
Rule 121--Guardian's Presence.
Rule 121 provides that the guardian may accompany the juvenile to any proceeding. This rule also permits a guardian's presence to be ordered when the guardian does not accompany the juvenile to the hearing. Under the Juvenile Act, the court may order the guardian to participate in the treatment, supervision, or rehabilitation of the juvenile, including, but not limited to, community service, restitution, counseling, treatment, and education programs. 42 Pa.C.S. § 6310. See also 42 Pa.C.S. § 6335(b), 6336.1.
PART B--COUNSEL
Rule 130--Attorney--Appearances and Withdrawals.
The Committee discussed at length the issue of duration of counsel. The Committee decided to follow the Rules of Criminal Procedure and the decision of Douglas v. California, 372 U.S. 353 (1963) and Commonwealth v. Hickox, 249 A.2d 777 (Pa. 1969) by requiring counsel to remain in the case until final judgment, including any proceeding upon direct appeal.
From its surveys, the Committee learned that, in some counties, a juvenile does not have an attorney at the dispositional review or the review is continued because counsel is not present. The Committee discussed these divergent practices and concluded the interests of the juvenile are better served if counsel additionally stays in the case through the dispositional reviews because counsel would be familiar with the juvenile and the history of the case.
Rule 131--Assignment of Counsel.
The Committee discussed in detail whether every juvenile is in fact indigent. Local practices varied across the Commonwealth with a majority of judicial districts assigning counsel in every case. The phrase ''without financial resources or otherwise unable to employ counsel'' used in this rule covers every juvenile. The Committee understands that in some situations, the guardian and the juvenile would have a conflict of interest, and the guardian should not be relied upon to employ counsel in those situations. If a juvenile needs counsel, the court must assign counsel. Furthermore, nothing in this rule precludes the court from assessing the cost of counsel on the guardians, which is the current practice in some judicial districts.
Rule 132--Waiver of Counsel.
From our survey of local practices, we found that in most cases, the juvenile has counsel present although waiver of counsel is permitted. The Committee debated whether waiver of counsel should be permitted and decided that this was a substantive right given to the juvenile and could not be taken away. The Committee is concerned about the juvenile's comprehension of the consequences of waiving the right to counsel so we have built into the Rule 132 Comment an extensive colloquy in order for the juvenile to knowingly, intelligently, and voluntarily waive this right with the suggestion that the court is to look at several factors when conducting this colloquy.
The Committee further debated whether an age restriction was appropriate. After discussion, we felt that this was a factor that could not be evenly weighed for every juvenile, but have included it as one factor the court should consider because the court is in the best position to determine what is appropriate in each case with a specific juvenile.
Finally, Rule 132 does not mandate the appointment of stand-by counsel, because, in most cases, the court will appoint stand-by counsel when it is appropriate.
PART C--RECORDS
Rule 156--Filings, Docket Entries, and Service of Court Orders and Notices.
The Committee tried to anticipate the advances in technology by providing, as one method of service, service by facsimile transmission or other electronic means, if requested. See paragraph (B)(3).
PART (C)(3)--EXPUNGING OR DESTROYING RECORDS
The Committee considered including provisions on which cases may be expunged but, after extensive discussion, felt 18 Pa.C.S. § 9123 covered this area sufficiently.
Rule 162--Expunging Juvenile Court Records.
Rule 162 sets forth the motion procedure for expunging juvenile records. Paragraph (A) requires service on all the parties to ensure that every party is aware of a motion to expunge. Paragraph (B) provides for an answer within thirty days, a length of time we deemed reasonable to give the parties an opportunity to object to or agree with the motion. This time requirement is consistent with local practices.
PART D--MASTERS
Rule 171--Appointment to Cases.
The Committee expressed concern about allowing masters to practice in the same judicial district where they preside, noting the practice creates a conflict of interest; therefore, this was made a prohibited practice under paragraph (B). This prohibition is consistent with what we learned from our surveys; in the majority of the judicial districts, masters are not practicing in juvenile courts.
Rule 172--Authority of Master.
A major issue for the Committee concerned whether masters should be limited on the types of cases they should hear. After several discussions and reviewing the Juvenile Court Judges' Commission Juvenile Court Standards, the Committee felt that masters should hear only misdemeanors for preliminary, pre-adjudicatory, adjudicatory or dispositional hearings, and that the juvenile court judge should hear the more serious offenses and all felonies. In misdemeanor and felony cases, masters may hear detention hearings, detention review hearings, shelter-care hearings, uncontested dispositional review hearings, or uncontested probation revocation hearings.
Paragraph (C) provides that at every hearing before the master, the juvenile should be informed of the right to a hearing before the judge. We included this provision here because we thought it made more sense to have a general requirement in one rule that applies across the board rather than including similar language in each rule for a specific hearing. See 42 Pa.C.S. § 6305(b).
Rule 176--Master's Findings and Recommendation to the Judge.
Paragraph (B) requires the master to submit a recommendation to the juvenile court judge within one business day, which reflects the local practices across the Commonwealth. This requirement will assist the attorney for the Commonwealth and the juvenile's attorney if they appeal the master's decision under Rule 177.
Chapter Two Part A, Rule 200 provides for the commencement of proceedings. Arrest Procedures are covered in Part B, Rules 210--221. For written allegation procedures, see Part C, Rules 231--233. Part D provides for pre-adjudicatory detention in Rules 240--243.
PART A--COMMENCING PROCEEDINGS
Rule 200--Commencing Proceedings.
Rule 200 provides the methods of commencing proceedings in a case involving a juvenile. This rule deviates from the Juvenile Act in that the submission of a written allegation commences proceedings instead of the filing of a petition. See 42 Pa.C.S. § 6321(a)(3). The Committee developed this new terminology to clarify that commencing a proceeding does not necessarily imply formal court action; there are several steps in the processing of juvenile cases before a petition is ever filed. Thus, the written allegation procedures reflect what occurs in actual practice whereby a case is processed before a petition is ever filed. Under this rule, once a written allegation has been submitted, the juvenile probation officer must determine if the allegations are within the jurisdiction of the juvenile court and if it is appropriate to schedule an intake conference to determine if the case can be resolved by informal court action, such as, informal adjustment, or if formal court action is necessary by the filing of a petition. See Rules 310--312. Under the Juvenile Act, once a petition is filed, informal adjustment is precluded.
The Juvenile Act provides that the taking into custody is a method for commencing proceedings. See 42 Pa.C.S. § 6321(a)(2.1). The Juvenile Act provides five methods of taking into custody. See 42 Pa.C.S. § 6324. This rule incorporates the commencement of proceedings for taking into custody pursuant to the laws of arrest only. See 42 Pa.C.S. § 6324 (2). The other provisions of taking into custody under 42 Pa.C.S. § 6324 (1), (3), and (4) provide for the taking into custody of dependent children; therefore were omitted from this rule. The Committee understands that these provisions may also apply to delinquent children; however, the taking into custody for those reasons alone should not commence delinquency proceedings.
Proceedings have already been commenced for juveniles who have violated their probation; therefore, Rule 605 provides for detaining juveniles for violations of probation under 42 Pa.C.S. § 6324 (5).
In addition, proceedings have already been ''commenced'' for juveniles under this rule in paragraphs (3), (4), and (5); however, this is the method for commencing those proceedings in juvenile court in delinquency proceedings within a judicial district.
PART B--ARREST PROCEDURES IN DELINQUENCY CASES
Rules 210--220.
The Committee agreed that the requirements for requesting and executing an arrest warrant in cases involving a juvenile should apply in the same manner as they apply for adults except that the guardian of the juvenile should be notified as to the juvenile's whereabouts. Additionally, because there is no bail in juvenile cases, the juvenile may be released to the care of a guardian, may come before the juvenile court, or may be sent to a juvenile detention facility.
Rule 212--Duplicate and Alias Warrants of Arrest.
The Committee agreed that the courts could assess costs of the warrant; however, we realized that the juvenile might not have the resources to pay this fee. The court will have to evaluate each case independently, and may consider whether there is a court program to allow the juvenile to earn money, whether the juvenile is employed, whether the guardian should be held responsible, and other similar factors in deciding whether and how much of the costs to access.
PART C--WRITTEN ALLEGATION PROCEDURES
Rule 231--Written Allegations.
Submission of a written allegation is not a new procedure. A written allegation is the document submitted to the juvenile probation office by the law enforcement officer, and in a rare case, by a private citizen, that alleges a juvenile has committed an act of delinquency.
In several counties, the District Attorneys are currently requiring the allegation to be approved by their office. To allow this practice to remain and also to keep law enforcement apprised of this requirement, paragraph (B) requires the District Attorney to file a certification, stating which cases should be submitted to their office for prior approval, with the court of common pleas in their judicial district. The court should notify all law enforcement officials in their judicial district of this requirement.
The Committee discussed whether the juvenile probation officer should receive a copy of the written allegation whether or not it was approved. Because there may be instances when it is necessary for the probation office to know about a case, the Committee agreed that the juvenile probation officer should receive a copy of the written allegation, such as there might not be sufficient grounds for the allegation of delinquency, but the act could be a violation of the juvenile's probation. See paragraphs (C) and (D).
Rule 232--Contents of Written Allegation.
The Committee found from its surveys that several counties transform their written allegation into the delinquency petition. To help facilitate this common practice, the Committee tracked the requirements of the written allegation closely with the contents of the petition. Compare Rule 232 with Rule 330 (C). Two additional requirements are mandated for the petition. See Rule 330 (C)(11)--(12).
Rule 233--Approval of Private Written Allegation.
Consistent with the provisions of 42 Pa.C.S. § 6334, the rules allow any person to commence a juvenile proceeding by filing a written allegation; however, pursuant to Rule 330(B) only the attorney for the Commonwealth or the juvenile probation officer may file a petition. The Committee believes that when the person filing a document alleging a juvenile committed a delinquent act is a private citizen, they should follow the same process and proceedings as probation officers and law enforcement officers; private citizens should not be afforded additional rights when it comes to adjudicating a juvenile delinquent. The purpose of this change is to not preclude informal court action in cases submitted by private citizens. The purpose of the Juvenile Act is achieved by providing an avenue for the private citizen to submit a written allegation and appeal a disapproval of the written allegation to the court. If the court overrules the disapproval, the court may order the juvenile probation officer or an attorney for the Commonwealth to proceed with the case in the same manner as any other case. See Comment to this rule.
PART D--PRE-ADJUDICATORY DETENTION
Rule 240--Detention of the Juvenile.
If the juvenile is detained and the attorney for the Commonwealth is seeking transfer of the case to criminal proceedings, the attorney for the Commonwealth must file notice of intent to transfer within the ten-day period as provided for in Rules 391 and 404. See Rule 391 discussion below.
Rule 242--Detention Hearing.
Rule 242 requires that the petition be filed within twenty-four hours after the detention hearing. Although this is a change from the statutory requirement that a petition be filed within twenty-four hours of the juvenile's detention, the Committee believes this change is vital so that informal adjustment or other informal court action will not be precluded.
Rule 243--Detention Rehearings.
The Committee has built in Rule 243 the requirement that a guardian submit an affidavit alleging he or she was not notified of the hearing. Paragraph (A) is designed to limit the number of re-hearings by the court but allow the guardian to be heard if requested.
Chapter Three Chapter Three addresses the pre-adjudicatory procedures. Part A encompasses venue and jurisdiction in Rules 300--302. Part B addresses intake and informal adjustment, Rules 310--313. The filing of a petition and pertinent procedures surrounding the petition are included in Part C, Rules 330--336. For procedures following the filing of a petition, see Part D, Rules 340--364, including motions, service, summons, and notices. Consent decree procedures can be found in Part E, Rules 370--373. Part F, Rules 380--384 includes provisions on preservation of testimony and evidence. Finally, Part G addresses procedures for transfer to criminal prosecution from delinquency proceedings in Rules 390--396.
PART A--VENUE AND JURISDICTION
Rule 300--Venue.
There was substantial debate over this rule and whether a proceeding should be commenced in the juvenile's residential county, rather than only the county where the allegation occurred. The Juvenile Act provides for the commencement of proceedings in the county where the allegation occurred or the juvenile's residential county. See 42 Pa.C.S. § 6321(b). Notwithstanding the statutory provisions, our surveys revealed that in most cases, the proceedings are commenced in the county where the allegation occurred. In view of this, we decided to follow the statute, but added a procedure that allows a motion for change of venue if there was a hardship on the juvenile recognizing that the court is in the best position to decide this issue and to be able to look at all the pertinent factors, including hardship.
PART B--INTAKE AND INFORMAL ADJUSTMENT
Rules 310--313.
These rules lay out the informal court process. If a case is informally adjusted, no formal court action is sought and the case is dismissed. If it is determined that formal court action would be in the best interest of the public and the juvenile, a petition should be filed.
Rule 311.
During the surveys and Committee discussions, it was noted that the Victim's Bill of Rights does not give victims the right to participate in an intake proceeding; however, it gives the victims the right to comment on ''disposition.'' If cases are being dismissed, informally adjusted or diverted, the victims should have the opportunity to give their opinion on the ''disposition'' of the case. To ensure compliance with this provision of the Victim's Bill of Rights, the Committee has developed a rule that will provide the attorney for the Commonwealth with notice of the outcome of an intake conference, i.e. informal adjustment. If the attorney for the Commonwealth feels the victim is aggrieved by the decision of the juvenile probation officer, the attorney for the Commonwealth may file a motion for review by the court.
PART C--PETITION
Rule 330--Petition: Filing, Contents, Function.
In the majority of judicial districts, the attorney for the Commonwealth or the juvenile probation officer files the petition. After extensive discussion, the Committee agreed to follow these local practices to the extent that the District Attorney of each county may chose to have the petition filed by an attorney for the Commonwealth by filing a certification with the court of common pleas.
Paragraphs two, three, eleven and twelve incorporate the provisions of Section 6334 of the Juvenile Act. Paragraphs four through seven set forth the allegations of delinquency with particularity. In addition to the Juvenile Act, compliance with due process standards requires that the petition set forth the allegation with particularity. In re Gault, 387 U.S. 1 (1967). Paragraphs one, nine and ten are essential because the petition is the official charging document and must be signed by the person filing it. Paragraph eight encompasses the statutory requirement that the law enforcement officer or the attorney for the Commonwealth note that laboratory services have been requested. 42 Pa.C.S. § 1725.3 This rule closely tracks the contents of the written allegation. See discussion of Rule 232 in this Report.
PART D--PROCEDURES FOLLOWING THE FILING OF PETITION
Rule 340--Pre-Adjudicatory Discovery and Inspection.
This rule emphasizes that the discovery process should be informal. Each party should disclose the necessary information to the opposing party without the need of filing a formal motion. Only when there is a general dispute as to discovery, should a motion to compel discovery be made.
Rules 344--Motions and Answers.
Rule 344 provides for motions and answers to be made either orally or in writing. Because of the time constraints in juvenile court, several motions may be oral. However, if time allows, written motions are preferable.
PART E--CONSENT DECREE
Rule 370--Consent Decree.
The Committee discussed whether there should be rule procedures for consent decrees. We looked at whether the juvenile was a first time offender, whether specific charges would be prohibited from a consent decree disposition, whether the juvenile had to accept responsibility for the delinquent acts alleged, and some other minor issues. Ultimately, the Committee decided that the juvenile court is in the best position to look at each case independently and to decide if the case is appropriate for consent decree.
The Committee noted that if a juvenile violates the conditions of the consent decree, double jeopardy does not attach and bar subsequent prosecution. See Commonwealth v. Szebin, 785 A.2d 103 (Pa. Super. Ct. 2001). This is explained in the Rule 372 Comment.
PART F--PRESERVATION OF TESTIMONY AND EVIDENCE
Rules 380--384.
These rules provide for preservation of testimony and evidence. Masters may preside over these cases if they involve only misdemeanors. See Rule 172 on master's authority.
PART G--TRANSFER FOR CRIMINAL PROSECUTION
Rule 390--Notice of Request for Transfer to Criminal Proceedings.
The Committee noted and discussed that the Juvenile Act gives the juvenile the right to request transfer to criminal proceedings. For several reasons, the Committee was apprehensive about letting a fourteen year old make an inappropriate decision that could affect the rest of the juvenile's life. Because of this concern, the Committee explains in the Rule 390 Comment that the court should use caution when a juvenile petitions the court for transfer to criminal proceedings. The court should make an inquiry to determine if the request has been knowingly, intelligently, and voluntarily made.
Rule 391--Time Restrictions for Detention of Juveniles Scheduled for Transfer Hearing.
Local practices revealed that preparing for a transfer hearing can be a lengthy process and should not be handled quickly for the sake of swiftness over the welfare of the public or juvenile. Transfer social studies including psychological reports must be prepared. Taking these points into consideration, the Committee agreed the rule should provide that the juvenile may be detained for ten days and up to or on the tenth day, the attorney for the Commonwealth may file a notice of intent to transfer. The ten days allows the attorney for the Commonwealth to consult with the juvenile probation officer and other pertinent persons regarding transfer of the juvenile. The juvenile should normally have a transfer hearing within ten days of the filing of the notice of intent to transfer. However, the juvenile may be detained for one additional ten-day period if the requirements of paragraph (B)(1) are met. Thus, a juvenile may be detained for up to thirty days for a transfer hearing. If the juvenile requests a continuance under paragraph (B)(2), the juvenile may be detained longer than thirty days in ten-day intervals.
Rule 394--Transfer Hearing.
This rule requires a transfer hearing in all cases when a notice of request for transfer is filed.
Under paragraph (A), if the attorney for the Commonwealth does not meet the three-day requirement and the case has to be continued, the continuance would be counted against the Commonwealth.
When the transfer hearing is conducted following the juvenile's request for transfer, the court would still make its findings under paragraph (B) although the findings may have been conceded by the juvenile when requesting transfer.
Rules 395--396.
These rules provide that the Rules of Criminal Procedure apply to the transferred juvenile, and set forth the steps necessary to initiate the criminal prosecution.
Chapter Four Chapter Four addresses the procedures related to the adjudicatory hearing.
Rule 404--Prompt Adjudicatory Hearing.
The Committee discussed whether there should be a time limitation for having a hearing for non-detained juveniles. Our survey found that most juveniles are having hearings within six months. The Committee felt that this practice is reasonable; therefore, set no specific time limitation in the rule, other than a ''reasonable time.''
Rules 406--409.
These rules separate the stages of proceedings heard by the court. These stages may be consolidated into one hearing by the court as long as everyone is clear that the stages are separate and distinct. Rule 406 governs the adjudicatory hearing. Rule 407 provides for acknowledgments. See discussion of Rule 407 below. After the court has held an adjudicatory hearing or accepted an acknowledgment, the court is to rule on the offenses, stating with particularity the gradings and counts of each offense. Once the court has ruled on the offenses or entered its findings, the court is to determine if the juvenile is in need of treatment, supervision, or rehabilitation.
Rule 407--Acknowledgments.
This rule reflects current local practices. There are procedures in some form in every judicial district that permit the court to allow the juvenile to acknowledge the facts, adjudication, or disposition rather than holding an adjudicatory hearing.
Chapter Five This chapter provides for the procedures of the dispositional proceedings in juvenile court, including the final order of the court. Part A provides for summons and notices in Rule 500. Rules 510--516 are covered in Part B addressing the dispositional hearing and aids in the disposition. Part C is reserved for inter-state transfer of disposition.
PART B--DISPOSITIONAL HEARING AND AIDS
Rule 512--Dispositional Hearing.
The ''one judge--one juvenile'' philosophy that is sweeping our country was discussed by the Committee. We agreed that this is the best-case scenario for all juvenile courts; however, on the practical side of this issue, we felt that this may not be feasible in all the judicial districts. In view of this, the Rule 512 Comment points out that, if and when practicable, the same judge and master should hear all cases involving the same juvenile.
Rule 513--Aids in Disposition.
Our survey of local practices revealed that social studies or summaries are being prepared in two-thirds of the cases. Although the rule leaves the decision whether to have a social study prepared to the discretion of the court, in serious cases, the court should order the preparation of the study.
Rule 515--Dispositional Order.
This rule provides the minimal requirements of the dispositional order. It may be necessary to include additional information in the order depending on the type of case or if the court is to receive funding. See the Rule 515 Comment.
From the Committee's surveys, we found that the courts' dispositional orders are not always clear concerning restitution. We therefore, included in paragraph (B) specific requirements concerning restitution.
In establishing the appropriate disposition, the court may exercise discretion within the limits of the Juvenile Act. In re Frey, 375 A.2d 459 (Pa. Super. Ct. 1977). The Legislature intended to give juvenile courts broad discretion in designing remedies to aid in the reformation of juvenile offenders. Com. v. Russman, 378 A.2d 459 (Pa. Super. Ct. 1977). Section 6310 of the Juvenile Act gives the court the power to order the guardians to participate in the disposition of the case for the juvenile through community service, restitution, counseling, treatment and education programs, as well as, other treatments. Paragraph (C) of this rule requires the court to include in its dispositional order any obligation imposed by the court upon the guardian. The guardians should receive a copy of the dispositional order for their obligation. See Rule 516.
Chapter Six This chapter provides for the post-dispositional procedures, including modifications, reviews, and appeals. Part A, Rule 600 provides for the summons and notices. Part B provides for modifications of the dispositional order, violations of probation, dispositional and commitment reviews, termination of court supervision, and appeals.
PART B--MODIFICATIONS, REVIEWS, AND APPEALS
Rule 605--Detaining Juvenile for Modification of the Dispositional order or Violation of Probation.
The Committee felt that if a juvenile is detained for modification of the dispositional order or violations of probation, Chapter Two procedures should apply. The Committee's intent is that a hearing should be held within ten days unless the requirements of Rule 240(D) are met. Notice of the detention hearing is to be given to specified persons as provided in Rule 241, the juvenile should be informed of rights under Rule 242(A), the manner of hearing provisions of Rule 242(B) are to be followed, and the court is to find probable cause for modification of the dispositional order or violations of probation and that detention is warranted under Rule 242(C).
Rule 610--Dispositional and Commitment Reviews.
With advancement in technology, several judicial districts are now equipped with advanced communication technology. Reviewing cases by this method is widely accepted and has been used often in this Commonwealth. The Committee wanted to allow this technology to be used but ensure that due process of law was afforded to each party. The requirements of paragraph (C) will ensure the juvenile's ability to communicate with counsel as if they were at the same location.
Rule 613--Termination of Court Supervision.
The current practice of terminating supervision of the juvenile when restitution, fines, and costs are still outstanding is inconsistent with this rule and the Juvenile Act, 42 Pa.C.S. § 6352. Courts may change how they supervise juveniles in these situations but the case must be administratively kept open.
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1 The Court's responsibility for prescribing general rules governing practice and procedure, and the conduct of all courts and district justices is derived from PA. CONST. art. V § 10(c) and the Judicial Code, 42 Pa.C.S. § 1722.
2 The Supreme Court is developing a statewide Common Pleas Case Management Project that will automate the common pleas courts. The first phase of this project is the automation of the criminal division.
[Pa.B. Doc. No. 03-562. Filed for public inspection March 28, 2003, 9:00 a.m.]
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