55 Order approving changes to rules of juvenile court procedure, rules 120, 160, 373, 610, and 800; no. 381 Supreme Court rules; doc. no. 1

Title 237--JUVENILE RULES

PART I. RULES

[237 PA. CODE CHS. 1, 3, 6 AND 8]

Order Approving Changes to Rules of Juvenile Court Procedure, Rules 120, 160, 373, 610, and 800; No. 381 Supreme Court Rules; Doc. No. 1

[36 Pa.B. 186]

   The Supreme Court of Pennsylvania has adopted a few minor technical changes to the Rules of Juvenile Court Procedure--Delinquency Matters. These changes are explained in the Explanatory Report, which follows the Court's Order.

Order

Per Curiam:

   And Now, this 30th day of December, 2005, upon the recommendation of the Juvenile Court Procedural Rules Committee and an Explanatory Report to be published with this Order:

   It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the modifications to the Rules of Juvenile Court Procedure, Rules 120, 160, 373, 610, and 800 are approved in the following form.

   To the extent that prior distribution and publication of these amendments would otherwise be required, it has been determined that immediate promulgation of the amendments is required in the interests of justice and efficient administration.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective immediately.

Annex A

TITLE 237. JUVENILE RULES

PART I. RULES

Subpart A. DELINQUENCY MATTERS

CHAPTER 1. GENERAL PROVISIONS

PART A. BUSINESS OF COURTS

Rule 120. Definitions.

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   VERIFICATION is a written statement made by a person that the information provided is true and correct to that person's personal knowledge, information, or belief and that any false statements are subject to the penalties of the Crimes Code, 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

*      *      *      *      *

PART C. RECORDS

PART C(1). ACCESS TO JUVENILE RECORDS

Rule 160. Inspection of Juvenile File/Records.

   All files and records of the court in a proceeding, including the juvenile court file as provided in Rule 166, are open to inspection only by:

*      *      *      *      *

   10)  the State Sexual Offenders Assessment Board for use in completing assessments; and

   11)  with leave of court, any other person, agency or institution having a legitimate interest in the proceedings or in the work of the unified judicial system.

*      *      *      *      *

CHAPTER 3. PRE-ADJUDICATORY PROCEDURES

PART E. CONSENT DECREE

Rule 373. Conditions of Consent Decree.

*      *      *      *      *

Comment

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   Paragraph (B) [departs from the Juvenile Act, 42 Pa.C.S. § 6340(c), in that an agreement for a consent decree of less than six months is allowed] requires a motion to be filed for early dismissal from consent decree. The procedures of Rule 344 are to be followed to ensure all parties are properly notified of the request and appropriate objections can be made. Rule 800 suspends 42 Pa.C.S. § 6340(c) only to the extent that there is an additional requirement that a motion is to be filed. See Rule 800.

*      *      *      *      *

CHAPTER 6. POST-DISPOSITIONAL PROCEDURES

PART B. MODIFICATIONS, REVIEWS, AND APPEALS

Rule 610. Dispositional and Commitment Review.

*      *      *      *      *

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 is to conduct a hearing at least every six months. See Rule 800.

*      *      *      *      *

CHAPTER 8. SUSPENSIONS

Rule 800. Suspensions of Acts of Assembly.

   This rule provides for the suspension of the following Acts of Assembly that apply to delinquency proceedings only:

*      *      *      *      *

   13)  The Act of July 9, 1976, P. L. 586, No. 142, § 2, 42 Pa.C.S. § 6340(c), which provides consent decree shall remain in force for six months unless the child is discharged sooner by probation services with the approval of the court, is suspended only insofar as the Act is inconsistent with the requirement of Rule 373 that a motion for early discharge is to be made to the court.

   14)  The Act of July 9, 1976, P. L. 586, No. 142, § 2, 42 Pa.C.S. § 6335, which provides for a hearing within ten days of the juvenile's detention unless the exceptions of (a)(1) & (2) or (f) are met, is suspended only insofar as the Act is inconsistent with Rule 391, which provides for an additional ten days of detention if a notice of intent for transfer to criminal proceedings has been filed.

   15)  The Act of July 9, 1976, P. L. 586, No. 142, § 2, 42 Pa.C.S. § 6353(a), which requires dispositional review hearings to be held at least every nine months, is suspended only insofar as it is inconsistent with the requirement of Rule 610, which requires dispositional review hearings to be held at least every six months when a juvenile is removed from the home.

*      *      *      *      *

Recommendation No. 1 Juvenile Rules 2005
Explanatory Report

   The following changes to the Rules of Juvenile Court Procedure are technical or were unintentional omissions.

I.  RULE 120 ADDITION

   In Rules 232(10) and 330(10), the Committee uses the term ''verification.'' Once the Rules were published, the Committee was asked by several practitioners and organizations what was meant by verification. The Committee has now defined verification in Rule 120.

II.  RULE 160 ADDITION

   After the Committee had sent its initial recommendation to the Court for the Rules of Juvenile Court Procedure, the Juvenile Act was amended in 2004 to allow the State Sexual Offenders Assessment Board access to juvenile records. Because the Committee followed the Juvenile Act in determining who has access to juvenile records, the Committee has now added this Board to the list of enumerated persons having access to juvenile records.

III.  RULES 373 AND 800 CHANGES

   The Committee unintentionally left out a suspension of Act of Assembly which was the result of Rule 373. The Committee has clarified the suspension in the Comment to this Rule. The Committee also has added this suspension to Rule 800.

IV.  RULES 610 AND 800 CHANGES

   The Committee unintentionally left out a suspension of Act of Assembly which was the result of Rule 610. The Committee has added the additional suspension to Rule 800 and a reference to the suspension was added to the Comment of Rule 610.

[Pa.B. Doc. No. 06-55. Filed for public inspection January 13, 2006, 9:00 a.m.]