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Pennsylvania Code



Subchapter B. STANDARDS GOVERNING HEARINGS AND ADMINISTRATIVE REVIEWS FOR JUVENILES HELD IN SECURE DETENTION


Sec.


200.101.    Preadjudication detention. (See Pa.R.J.C.P. 242(D), 391 and 404(A)).
200.102.    Postadjudication/predisposition detention. (See Pa.R.J.C.P. 510).
200.103.    Postdisposition/preplacement detention.
200.104.    Detention pending a dispositional review proceeding for failure to adjust in placement. (See Pa.R.J.C.P. 605 and 610).
200.105.    Detention pending a dispositional review proceeding for violation of probation. (See PA.R.J.C.P. 605, 610 and 612).
200.106.    Detention subsequent to an order resulting from a dispositional review proceeding, where a specific placement or disposition has been ordered.
200.107.    Responsibility of probation officer.

Source

   The provisions of this Subchapter B amended April 13, 2007, effective April 14, 2007, 37 Pa.B. 1651. Immediately preceding text appears at serial pages (290300) to (290301).

§ 200.101. Preadjudication detention. (See Pa.R.J.C.P. 242(D), 391 and 404(A)).

 (a)  Within 72 hours of the admission of a juvenile to secure detention, the informal detention hearing shall be held.

 (b)  If a juvenile remains detained after the hearing, a petition shall be filed with the clerk of courts within 24 hours or the next court business day.

 (c)  If a juvenile is detained, an adjudication hearing shall be held no later than 10 days after the filing of the petition.

 (d)  Except as provided in paragraphs (1) and (2), if the adjudicatory hearing is not held or notice of request for transfer is not submitted within the 10-day period, the juvenile shall be released.

   (1)  A juvenile may be detained for an additional single period not to exceed 10 days when the court determines that the following exist:

     (i)   Evidence material to the case is unavailable.

     (ii)   Due diligence to obtain the evidence has been exercised.

     (iii)   There are reasonable grounds to believe that the evidence will be available at a later date.

     (iv)   The detention of the juvenile would be warranted.

   (2)  A juvenile may be detained for successive 10-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 includes, but is not be limited to, one or more of the following:

     (i)   Delay caused by the unavailability of the juvenile or the juvenile’s attorney.

     (ii)   Delay caused by any continuance granted at the request of the juvenile or the juvenile’s attorney.

     (iii)   Delay caused by the unavailability of a witness resulting from conduct by or on behalf of the juvenile.

§ 200.102. Postadjudication/predisposition detention. (See Pa.R.J.C.P. 510).

 (a)  Within 20 days of a finding by the court that a juvenile has committed a delinquent act, a dispositional hearing or a hearing to determine the need for continued secure detention shall be held.

 (b)  Within 20 days of this hearing, if the dispositional hearing has not been held or a final dispositional order entered, a hearing shall be held to review the status of the case and to determine the need for continued secure detention.

 (c)  Until a disposition or a specific placement is ordered by the court, the court shall hold a hearing by the 20th day from the most recent court proceeding to review the status of the case and to determine the need for continued secure detention.

§ 200.103. Postdisposition/preplacement detention.

 (a)  At the 10th and 20th days from the most recent court proceeding, the court or designee shall administratively review the status of the case and determine the need for continued secure detention.

 (b)  Within 30 days of the most recent court proceeding, a hearing shall be held to review the status of the case and to determine the need for continued secure detention.

 (c)  Subsequent administrative reviews and hearings shall continue to be held pursuant to these time frames until the child is admitted to a dispositional placement or is otherwise released from secure detention.

§ 200.104. Detention pending a dispositional review proceeding for failure to adjust in placement. (See Pa.R.J.C.P. 605 and 610).

 (a)  Within 72 hours of the admission of a juvenile to secure detention, an informal detention hearing shall be held.

 (b)  Within 20 days of the most recent court proceeding, or from the date of admission to secure detention if no informal detention hearing was required, the dispositional review hearing or a hearing to determine the need for continued secure detention shall be held.

 (c)  Until a specific dispositional order is entered, the court shall hold a hearing by the 20th day from the most recent court proceeding to review the status of the case and to determine the need for continued secure detention.

§ 200.105. Detention pending a dispositional review proceeding for violation of probation. (See Pa.R.J.C.P. 605, 610 and 612)

 (a)  Within 72 hours of the admission of a juvenile to secure detention for a violation of probation, an informal detention hearing shall be held.

 (b)  Within 10 days of the informal detention hearing, a hearing on the motion to modify or revoke probation shall be held.

 (c)  Unless a new dispositional order is entered, a hearing to determine the need for continued secure detention shall be held within 20 days of the hearing on the motion to modify or revoke probation.

 (d)  Until a new dispositional order is entered, the court shall hold a hearing by the 20th day from the most recent court proceeding to review the status of the case and to determine the need for continued secure detention.

§ 200.106. Detention subsequent to an order resulting from a dispositional review proceeding, where a specific placement or disposition has been ordered.

 (a)  At the 10th and 20th days from the most recent court proceeding, the court or designee shall administratively review the status of the case and determine the need for continued secure detention.

 (b)  Within 30 days of the most recent court proceeding, a hearing shall be held to review the status of the case and to determine the need for continued secure detention.

 (c)  Subsequent hearings and reviews shall be held pursuant to these time frames until the juvenile is admitted to a dispositional placement, or is otherwise released from secure detention.

§ 200.107. Responsibility of probation officer.

 (a)  The chief juvenile probation officer or designee shall provide to the court information necessary to ensure that juveniles placed in secure detention have the continued appropriateness of their detention determined by the court in accordance with this subchapter.

 (b)  Note: An administrative review of a case should entail consideration of the information relevant to an understanding of why the juvenile is being held in secure detention, whether secure detention services or an alternative thereto continue to be required and what must occur to enable the juvenile to be released or transferred to another facility. It is not intended that the juvenile be present during these reviews.

 (c)  Administrative reviews should serve to minimize delays in the release or transfer of a juvenile by helping to ensure that individuals are carrying out their respective responsibilities related to the juvenile’s case. At the conclusion of each review, the juvenile’s anticipated date of release or transfer should be noted, together with the date of the next administrative review or hearing and any actions which are to occur prior thereto. Administrative reviews are to be documented in the juvenile’s case file or record.



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