968 Order amending 100, 123, 160, 200, 1100, 1123, 1151 and 1320; Supreme Court rules; no. 445; doc. no. 1
Title 237--JUVENILE RULES [ 237 PA. CODE CHS. 1, 2, 11 AND 13 ] Order Amending 100, 123, 160, 200, 1100, 1123, 1151 and 1320; Supreme Court Rules; No. 445; Doc. No. 1 [38 Pa.B. 2360]
[Saturday, May 24, 2008]Order Per Curiam:
Now, this 12th day of May, 2008, 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 amendments to Rules 100, 123, 160, 200, 1100, 1123, 1151, and 1320 of the Rules of Juvenile Court Procedure are approved in the attached form.
To the extent that prior distribution and publication of this rule would otherwise be required, it has been determined that immediate promulgation is required in the interest of justice and efficient administration. Pa.R.J.A. 103(a)(3).
This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective May 12, 2008.
Annex A TITLE 237. JUVENILE RULES PART I. RULES Subpart A. DELINQUENCY MATTERS CHAPTER 1. GENERAL PROVISIONS Rule 100. Scope of Rules.
* * * * * Comment The Pennsylvania Rules of Juvenile Court Procedure are split into two categories: delinquency matters and dependency matters. All delinquency matters are governed by Chapters One through Ten (Rules 100--1099). All dependency matters are governed by Chapters Eleven through Twenty (Rules 1100--2099).
* * * * * Unless specifically provided in these rules, the Pennsylvania Rules of Civil Procedure and the Pennsylvania Rules of Criminal Procedure do not apply to delinquency proceedings commenced pursuant to Rule 200 and 42 Pa.C.S. § 6301 et seq.
The Rules of Criminal Procedure apply in cases involving juveniles in summary and court cases, as defined by Pa.R.Crim.P. 103, to the extent that the Juvenile Act does not apply to these proceedings. See, e.g, Pa.R.Crim. P. 100 and 400. See also 42 Pa.C.S. §§ 6302 and 6303.
* * * * * Official Note: Rule 100 adopted April 1, 2005, effective October 1, 2005. Amended May, 12, 2008, effective immediately.
Committee Explanatory Reports:
Final Report explaining the amendments to Rule 100 published with the Court's Order at 38 Pa.B. 2360 (May 24, 2008).
PART A. BUSINESS OF COURTS Rule 123. Subpoenas.
* * * * * Comment * * * * * For power to compel attendance, see 42 Pa.C.S. § 6333. Nothing in this rule prohibits the court from holding a contempt hearing. See In re Crawford, 360 Pa.Super. 36, 519 A.2d 978 ([Pa. Super. Ct.] 1987) for punishing juveniles for contempt.
Any person may file a motion to quash the subpoena for a witness and/or for requested items. The court is to rule on the motion prior to the production of the witness or the items.
Official Note: Rule 123 adopted April 1, 2005, effective October 1, 2005. Amended February 26, 2008, effective June 1, 2008. Amended May 12, 2008, effective immediately.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 123 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Final Report explaining the amendments to Rule 123 published with the Court's Order at 38 Pa.B. 2360 (May 24, 2008).
PART C. RECORDS PART C(1). ACCESS TO JUVENILE RECORDS Rule 160. Inspection of Juvenile File/Records.
* * * * * Comment * * * * * When delinquency proceedings are commenced pursuant to Rule 200(4), the entire criminal court file is to be transferred with the case to juvenile court. This criminal case file is now the juvenile court file and the disclosure requirements of this rule apply.
Under Paragraph (B), there is one document for each eligible case that is open for public inspection. The public document should be clearly marked for employees of the clerks of courts' office as the only document available for inspection by the general public. All other information contained in the juvenile court filed is not open for public inspection but only open to inspection to the persons enumerated in paragraph (A).
* * * * * Official Note: Rule 160 adopted April 1, 2005, effective October 1, 2005; amended December 30, 2005, effective immediately. Amended August 20, 2007, effective December 1, 2007. Amended May 12, 2008, effective immediately.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 160 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Final Report explaining the revisions of Rule 160 published with the Court's Order at 36 Pa.B. 186 (January 14, 2006).
Final Report explaining the amendments to Rule 160 published with the Court's Order at 37 Pa.B.4866 (September 8, 2007).
Final Report explaining the amendments to Rule 160 published with the Court's Order at 38 Pa.B. 2360 (May 24, 2008).
CHAPTER 2. COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION PART A. COMMENCING PROCEEDINGS Rule 200. Commencing Proceedings.
* * * * * Comment * * * * * The Juvenile Act provides that a "child may be taken into custody . . . pursuant to the laws of arrest." 42 Pa.C.S. § 6324. Paragraph (2) states the laws of arrest without a warrant in Pennsylvania. See Pa.R.Crim.P. 502.
Under paragraph (4), when a case is transferred from a criminal proceeding pursuant to 42 Pa.C.S. § 6322 to juvenile court, the entire case file is to be transferred. The case file is governed by the disclosure requirements of Rule 160.
* * * * * Official Note: Rule 200 adopted April 1, 2005, effective October 1, 2005. Amended March 23, 2007, effective August 1, 2007. Amended May 12, 2008, effective immediately.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 200 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).
Final Report explaining the amendments to Rule 200 published with the Court's Order at 37 Pa.B. 1485 (April 7, 2007).
Final Report explaining the amendments to Rule 200 published with the Court's Order at 38 Pa.B. 2360 (May 24, 2008).
Subpart B. DEPENDENCY MATTERS CHAPTER 11. GENERAL PROVISIONS Rule 1100. Scope of Rules.
* * * * * Comment * * * * * Unless specifically provided in these rules, the Pennsylvania Rules of Civil Procedure and the Pennsylvania Rules of Criminal Procedure do not apply to dependency proceedings commenced pursuant to Rule 1200 and 42 Pa.C.S. § 6301 et seq.
These rules govern proceedings when the Juvenile Act vests jurisdiction in the Court of Common Pleas. See 42 Pa.C.S. §§ 6321 and 6302.
* * * * * Official Note: Rule 1100 adopted August, 21, 2006, effective February 1, 2007. Amended May 12, 2008, effective immediately.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1100 published with the Court's Order at 36 Pa.B. 5599 (September 2, 2006).
Final Report explaining the amendments to Rule 1100 published with the Court's Order at 38 Pa.B. 2360 (May 24, 2008).
PART A. BUSINESS OF COURTS Rule 1123. Subpoenas.
* * * * * B. Service.
Comment * * * * * 1) A subpoena shall be serviced upon a witress by:
c) first-class mail.
Any person may file a motion to quash the subpoena for a witness and/or for requested items. The court is to rule on the motion prior to the production of the witness or the items.
Official Note: Rule 1123 adopted August, 21, 2006, effective February 1, 2007. Amended May 12, 2008, effective immediately.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1123 published with the Court's Order at 36 Pa.B. 5599 (September 2, 2006).
Final Report explaining the amendments to Rule 1123 published with the Court's Order at 38 Pa.B. 2360 (May 24, 2008).
PART B(2). COUNSEL Rule 1151. Assignment of Guardian ad litem & Counsel.
* * * * * Comment * * * * * Nothing in these rules anticipates that a guardian ad litem for an adult is to be appointed by these rules. For appointment of a guardian of the person, see 20 Pa.C.S. § 5501 et seq. and Pa.O.C. Rules 14.2--14.5.
Official Note: Rule 1151 adopted August, 21, 2006, effective February 1, 2007. Amended February 20, 2007, effective immediately. Amended May 12, 2008, effective immediately.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1151 published with the Court's Order at 36 Pa.B. 5599 (September 2, 2006). Final Report explaining the amendments to this rule published with the Court's Order at 37 Pa.B. 1123 (March 10, 2007).
Final Report explaining the amendments to Rule 1151 published with the Court's Order at 38 Pa.B. 2360 (May 24, 2008).
CHAPTER 13. PRE-ADJUDICATORY PROCEDURES PART B. APPLICATION FOR PRIVATE PETITION Rule 1320. Application to File a Private Petition.
* * * * * [B. Service. If a person presents an application for a petition under this rule, the person shall serve the application on the court and all parties to the proceeding.]
Comment * * * * * Official Note: Rule 1320 adopted August, 21, 2006, effective February 1, 2007. Amended May 12, 2008, effective immediately.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1320 published with the Court's Order at 36 Pa.B. 5599 (September 2, 2006).
Final Report explaining the amendments to Rule 1320 published with the Court's Order at 38 Pa.B. 2360 (May 24, 2008).
INTRODUCTION The Supreme Court of Pennsylvania has adopted the proposed changes to Rules 100, 123, 160, 200, 1100, 1123, 1151, and 1320. The changes are effective May 12, 2008.
EXPLANATORY REPORT
MAY 2008Rule 100 and 1100--Scope of Rules
It has come to Committee's attention that the Rules of Civil Procedure and the Rules of Criminal Procedure are being used when there is not a Rule of Juvenile Procedure on certain matters. This is an error of law that is being made by several judicial districts. The Committee believes that this addition to the Comment will rectify this error of law.
This change does not prohibit a party from arguing that a situation is analogous to a Civil or Criminal matter when there is no juvenile court procedural rule in a particular area.
Additionally, the Committee has added a paragraph in the Comment to Rule 100 explaining the scope of the Rules by distinguishing dependency from delinquency matters. When this rule was adopted, there were no dependency rules.
Rules 123 and 1123--Subpoenas
It is obvious that a person may file a motion to quash a subpoena if they do not believe it is valid. However, this issue arose with respect to non-parties quashing a subpoena. Any person who is subpoenaed or who is to produce items may file a motion with the Court to quash the subpoena. The Committee believes that the Comment change will clarify any issues that are occurring in some counties.
Rule 160--Inspection of Juvenile File/Record and Rule 200--Commencing Proceedings
There was some confusion in the transferring of records in decertification cases from criminal court to juvenile court. When a case is transferred from adult criminal court to juvenile court, the entire record is to be transferred. The Criminal Rules no longer apply. Rule 160 now governs the inspection of that record. The changes in the Comments to these rules clarify that the Juvenile Rules govern the case file.
Rule 1151--Assignment of Guardian ad litem and Counsel
An issue arose as to whether this rule applies to appointment of guardians for minor ''guardians'' or incapacitated persons. There are some instances when the guardian of the dependent child is also a minor or the adult guardian is incapacitated. In those rare instances, a guardian of the person should be appointed. This is not governed by the Rules of Juvenile Court Procedure but governed by 55 Pa.C.S. § 5501 et seq. and Pa.O.C. Rules 14.2--14.5. The Committee believes this Comment was important because of the confusion over this issue.
Rule 1320--Application to file a private petition
The Committee has deleted paragraph (B) of this rule because this rule is an application for a petition. An application comes prior to the filing of the petition. If there is no petition, there are no parties. Therefore, a party cannot be served as required by paragraph (B). If the court decides to grant the application under Rule 1321 (Hearing on Application for Private Petition) and allow a petition to be filed pursuant to Rule 1330 (Petition: Filing, Contents, Function, Aggravated Circumstances), the parties will be served under the normal service procedures of Rule 1331 (Service of Petition).
[Pa.B. Doc. No. 08-968. Filed for public inspection May 23, 2008, 9:00 a.m.]
