In Re: Order Amending Rules 240, 242, and 1242 of the Pennsylvania Rules of Juvenile Court Procedure
In Re: Order Amending Rules 240, 242, and 1242 of the Pennsylvania Rules of Juvenile Court Procedure No. 739 Supreme Court Rules Docket
| Pa. | May 16, 2017Background
- Rules govern juvenile detention, detention hearings, and shelter care hearings in Pennsylvania procedural court rules.
- Upon intake, juvenile probation officer must examine allegation, investigate (including intake conference), and release juvenile unless detention appears warranted.
- If detained, juvenile must receive a detention hearing within 72 hours; hearing cannot be waived by juvenile or counsel.
- Time limits: if adjudicatory hearing or transfer request not filed within 10 days, juvenile must be released, with limited exceptions for additional 10-day intervals when evidence is unavailable or delay is caused by the juvenile.
- Detention hearings are two-stage: probable cause first; if found, then detention determination evaluating alternatives and special needs (education, health, disability).
- Shelter care hearings require similar procedural protections within 72 hours, findings about necessity of custody, least restrictive placement, reasonable efforts by county agency, family finding, and orders addressing education, health, disability, and placement conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of detention hearing | Juvenile contends hearing must occur within 72 hours and cannot be waived | Commonwealth seeks short continuances or relies on delays | Court requires detention hearing within 72 hours; no waiver by juvenile or counsel permitted |
| Filing petition after detention hearing | Juvenile argues petition must be filed immediately upon detention | Commonwealth argues filing may follow detention hearing | If juvenile remains detained after hearing, petition must be filed within 24 hours or next court business day |
| Length of permissible detention without adjudicatory hearing | Juvenile asserts release is required if adjudicatory hearing/transfer request not filed within 10 days | Commonwealth claims limited additional detention when evidence unavailable or juvenile causes delay | Release required after 10 days except a single additional 10-day period for missing evidence with due diligence, or successive 10-day intervals if delay is caused by juvenile |
| Rights and scope of detention/shelter care hearings | Juvenile emphasizes right to counsel, silence, cross-examination, and consideration of special needs | State stresses informal hearing, admissibility of reports, and use of advanced communication technology | Courts must inform juveniles of rights; hearings may receive relevant reports; counsel may cross-examine and present evidence; courts must identify and order to address special needs (education, health, disability) |
Key Cases Cited
(No controlling case opinions with official reporter citations are cited in the provided rules text.)