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PA Bulletin, Doc. No. 19-283

THE COURTS

Title 237—JUVENILE RULES

PART I. RULES

[237 PA. CODE CHS. 3 AND 5]

Order Approving the Amendment of Rules 330, 337 and 515 of the Pennsylvania Rules of Juvenile Court Procedure; No. 791 Supreme Court Rules Doc.

[49 Pa.B. 916]
[Saturday, March 2, 2019]

Order

Per Curiam

And Now, this 13th day of February, 2019, upon the recommendation of the Juvenile Court Procedural Rules Committee, the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3):

 It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 330, 337, and 515 of the Pennsylvania Rules of Juvenile Court Procedure are amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on June 28, 2019.

Annex A

TITLE 237. JUVENILE RULES

PART I. RULES

Subpart A. DELINQUENCY MATTERS

CHAPTER 3. PRE-ADJUDICATORY PROCEDURES

PART C. PETITION

Rule 330. Petition: Filing, Contents, Function.

*  *  *  *  *

 C. Petition [contents] Contents. Every petition shall set forth plainly:

*  *  *  *  *

 15) an averment as to whether the case is eligible pursuant to 42 Pa.C.S. § [6307(b)(1)(ii)] 6307(b)(1.1)(ii)for limited public information.

*  *  *  *  *

Official Note: Rule 330 adopted April 1, 2005, effective October 1, 2005[; amended]. Amended August 20, 2007, effective December 1, 2007. Amended January 23, 2009, effective March 1, 2009. Amended December 24, 2009, effective immediately. Amended February 13, 2019, effective June 28, 2019.

Committee Explanatory Reports:

 Final Report explaining the provisions of Rule 330 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).

 Final Report explaining the amendments to Rule 330 published with the Court's Order at 37 Pa.B. 4866 (September 8, 2007).

 Final Report explaining the amendments to Rule 330 published with the Court's Order at 39 Pa.B. 676 (February 7, 2009).

 Final Report explaining the amendments to Rule 330 published with the Court's Order at 40 Pa.B. 222 (January 9, 2010).

Final Report explaining the amendments to Rule 330 published with the Court's Order at 49 Pa.B. 916 (March 2, 2019).

Rule 337. Filing of Petition after Case has been Transferred from Criminal Proceedings.

*  *  *  *  *

 C. Conversion of criminal complaint. The criminal complaint shall be converted into a petition when supplemented with the following information and filed with the clerk of courts pursuant to Rule 330(B):

 1) the juvenile's date of birth;

 2) the names and ages of any conspirators, if known;

 3) the name and address of the juvenile's guardian, or if unknown, the name and address of the nearest adult relative;

 4) whether the case is eligible pursuant to 42 Pa.C.S. §  [6307(b)(1)(i)] 6307(b)(1.1)(ii) for limited public information; and

*  *  *  *  *

Official Note: Rule 337 adopted July 31, 2012, effective November 1, 2012. Amended February 13, 2019, effective June 28, 2019.

Committee Explanatory Reports:

 Final Report explaining the provisions of Rule 337 published with the Court's Order at 42 Pa.B. 5350 (August 18, 2012).

Final Report explaining the amendments to Rule 337 published with the Court's Order at 49 Pa.B. 916 (March 2, 2019).

CHAPTER 5. DISPOSITIONAL HEARING

PART B. DISPOSITIONAL HEARING AND AIDS

Rule 515. Dispositional Order.

 A. Generally. When the court enters a disposition after an adjudication of delinquency pursuant to Rule 409(A)(2), the court shall issue a written order, which provides balanced attention to the protection of the community, accountability for the offenses committed, and development of the juvenile's competencies to enable the juvenile to become a responsible and productive member of the community. The order shall include:

 1) the court's findings pursuant to Rule 512(D);

 2) a designation whether the case is eligible pursuant to 42 Pa.C.S. § [6307(b)(1)(i)] 6307(b)(1.1)(i) for limited public information;

*  *  *  *  *

Comment

 Pursuant to paragraph (A)(2), the court is to determine if the case is eligible for limited public information under the requirements of 42 Pa.C.S. § [6307(b)(1)(i)] 6307(b)(1.1)(i). See 42 Pa.C.S. § 6307(b)(2). When the case is designated, the clerk of courts is to mark the file clearly. For information that is available to the public in those eligible cases, see Rule 160.

*  *  *  *  *

Official Note: Rule 515 adopted April 1, 2005, effective October 1, 2005. Amended August 20, 2007, effective December 1, 2007. Amended July 28, 2009, effective immediately. Amended December 24, 2009, effective immediately. Amended April 29, 2011, effective July 1, 2011. Amended February 13, 2019, effective June 28, 2019.

Committee Explanatory Reports:

 Final Report explaining the provisions of Rule 515 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).

 Final Report explaining the amendments to Rule 515 published with the Court's Order at 37 Pa.B. 4866 (September 8, 2007).

 Final Report explaining the amendment to Rule 515 published with the Court's Order at 39 Pa.B. 4743 (August 8, 2009).

 Final Report explaining the amendments to Rule 515 published with the Court's Order at 40 Pa.B. 222 (January 9, 2010).

 Final Report explaining the amendments to Rule 515 published with the Courts Order at 41 Pa.B. 2413 (May 14, 2011).

Final Report explaining the amendments to Rule 515 published with the Court's Order at 49 Pa.B. 916 (March 2, 2019).

FINAL REPORT1

Amendment of Pa.R.J.C.P. 330, 337, and 515

 On February 13, 2019, the Supreme Court amended Rules of Juvenile Court Procedure 330, 337, and 515 to update statutory references as a result of the Act of June 28, 2018, P.L. 402 concerning the ''clean slate'' program for limiting public access to certain criminal history. The amendment will become effective June 28, 2019 to coincide with the effective date of the Act amending 42 Pa.C.S. § 6307.

[Pa.B. Doc. No. 19-283. Filed for public inspection March 1, 2019, 9:00 a.m.]

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1  The Committee's Final Report should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the Committee's explanatory Final Reports.



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