1038 Order amending rules 241, 242, 311, 312, 360, 406, 408, 409, 500, 512, 600, 610, 631 and 632 of the rules of juvenile court procedure; no. 533 Supreme court rules doc.
Title 237—JUVENILE RULES PART I. RULES [ 237 PA. CODE CHS. 2—6 ] Order Amending Rules 241, 242, 311, 312, 360, 406, 408, 409, 500, 512, 600, 610, 631 and 632 of the Rules of Juvenile Court Procedure; No. 533 Supreme Court Rules Doc. [41 Pa.B. 3180]
[Saturday, June 25, 2011]Order Per Curiam
And Now, this 26th day of May, 2011, upon the recommendation of the Juvenile Court Procedural Rules Committee; the proposal having been published for public comment before adoption at 40 Pa.B. 7030 (December 11, 2010), in the Atlantic Reporter (Third Series Advance Sheets, Vol. 7, No. 2, December 24, 2010), and on the Supreme Court's web-page, 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 Rules 241, 242, 311, 312, 360, 406, 408, 409, 500, 512, 600, 610, 631 and 632 of the Rules of Juvenile Court Procedure are approved in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective July 1, 2011.
Annex A TITLE 237. JUVENILE RULES PART I. RULES Subpart A. DELINQUENCY MATTERS CHAPTER 2. COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION PART D. PRE-ADJUDICATORY DETENTION Rule 241. Notice of Detention Hearing.
Notice of the detention hearing, including date, time, place, and purpose, shall be given to:
1) the juvenile;
2) the juvenile's guardian;
3) the juvenile's attorney;
4) the juvenile probation officer;
5) the attorney for the Commonwealth; [and]
6) the victim; and
7) any other appropriate persons.
Comment Notice should be as timely as possible. Because there is a seventy-two hour time restriction, notice may be oral. Every possible attempt should be made to notify all interested persons.
If a guardian has not been notified, a rehearing is to be ordered under Rule 243 upon submission of an affidavit by the guardian.
The attorney for the Commonwealth or its designee is to notify the victim of the date, time, place, and purpose of the hearing. See Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
Any persons may be subpoenaed to appear for the detention hearing. See Rule 123 and 42 Pa.C.S. § 6333. However, nothing in these rules requires the attendance of the victim unless subpoenaed.
Official Note: Rule 241 adopted April 1, 2005, effective October 1, 2005. Amended May 26, 2011, effective July 1, 2011.
Committee Explanatory Reports:
Final Report explaining the amendments to Rule 241 published with the Court's Order at 41 Pa.B. 3180 (June 25, 2011).
Rule 242. Detention Hearing.
* * * * * Comment * * * * * The procedures of paragraph (D) deviate from the procedures of the Juvenile Act. See 42 Pa.C.S. § 6331. Under paragraph (D), a petition does not have to be filed within twenty-four hours of the juvenile's detention; rather, the petition should be filed within twenty-four hours of the conclusion of the detention hearing if the juvenile is detained. See Rule 800. If the juvenile is not detained, a petition may be filed at any time prior to the adjudicatory hearing. However, the juvenile's attorney should have sufficient notice of the allegations prior to the adjudicatory hearing to prepare for the defense of the juvenile. See Rule 330 for petition requirements, Rule 331 for service of the petition, and Rule 363 for time of service.
The victim may be present at the hearing. See Rule 132 and 18 P. S. § 11.201 et seq. Any persons may be subpoenaed to appear for the hearing. See Rule 123 and 42 Pa.C.S. § 6333. However, nothing in these rules requires the attendance of the victim unless subpoenaed. If the victim is not present, the victim is to be notified of the final outcome of the proceeding. See Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
See 42 Pa.C.S. §§ 6332, 6336, and 6338 for the statutory provisions concerning informal hearings and other basic rights.
Official Note: Rule 242 adopted April 1, 2005, effective October 1, 2005. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended May 26, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 242 published with the Court's Order at 41 Pa.B. 3180 (June 25, 2011).
CHAPTER 3. PRE-ADJUDICATORY PROCEDURES PART B. INTAKE AND INFORMAL ADJUSTMENT Rule 311. Intake Conference.
* * * * * Comment * * * * * Nothing in these rules is intended to confer a right upon any person, not already afforded by law, to attend an intake conference. If the attorney for the Commonwealth objects pursuant to paragraph (E)(2), the court is to conduct a hearing on the motion. The attorney for the Commonwealth or its designee is to notify the victim of the date, time, place, and purpose of the hearing conducted pursuant to paragraph (E)(3). The victim may be present at the hearing on the objections and is to be afforded the opportunity to submit an oral and/or written victim-impact statement. See Rule 132 and the Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
Official Note: Rule 311 adopted April 1, 2005, effective October 1, 2005[; amended]. Amended September 30, 2009, effective January 1, 2010. Amended May 26, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 311 published with the Court's Order at 41 Pa.B. 3180 (June 25, 2011).
Rule 312. Informal Adjustment.
* * * * * Comment * * * * * Prior to informally adjusting the written allegation, the juvenile probation officer is to give the victim an opportunity to [comment] submit an oral and/or written victim-impact statement if the victim so chooses. [In addition] The juvenile probation officer is to include the payment of restitution agreed to be owed to the victim as a condition of successful completion of an informal adjustment by a juvenile. If the victim is not present, the victim is to be notified of the final outcome of the [hearing] proceeding. See Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
If a petition is filed because the juvenile has not successfully completed the requirements of an informal adjustment, the procedures of Rule 330 are to be followed.
Official Note: Rule 312 adopted April 1, 2005, effective October 1, 2005. Amended February 12, 2010, effective immediately. Amended May 26, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 312 published with the Court's Order at 41 Pa.B. 3180 (June 25, 2011).
PART D(2). ADJUDICATORY SUMMONS AND NOTICE PROCEDURES Rule 360. Summons and Notice.
* * * * * B. Notice. [The court shall give notice] Notice of the adjudicatory hearing shall be given to:
1) the attorney for the Commonwealth;
2) the juvenile's attorney; [and]
3) the juvenile probation office[.]; and
4) the victim.
* * * * * Comment * * * * * The attorney for the Commonwealth or [the juvenile probation officer should] its designee is to notify the victim of the date, time, place, and purpose of the adjudicatory hearing. See Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
[Other] Any persons may be subpoenaed to appear for the hearing. See Rule 123 and 42 Pa.C.S. § 6333.
Official Note: Rule 360 adopted April 1, 2005, effective October 1, 2005[; amended]. Amended February 26, 2008, effective June 1, 2008. Amended May 26, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 360 published with the Court's Order at 41 Pa.B. 3180 (June 25, 2011).
CHAPTER 4. ADJUDICATORY HEARING Rule 406. Adjudicatory Hearing.
* * * * * Comment Under paragraph (A), the juvenile does not have the right to trial by jury. McKeiver v. Pennsylvania, 403 U.S. 528 (1971).
Any persons may be subpoenaed to appear for the hearing. See Rule 123 and 42 Pa.C.S. § 6333.
Official Note: Rule 406 adopted April 1, 2005, effective October 1, 2005. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended May 26, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 406 published with the Court's Order at 41 Pa.B. 3180 (June 25, 2011).
Rule 408. Ruling on Offenses.
* * * * * Comment * * * * * Pursuant to paragraph (B), if the court finds that the juvenile did not commit all of the alleged delinquent acts, the court, upon its own motion, is to expunge the records pursuant to 18 Pa.C.S. § 9123(a)(1). Absent cause shown, the court is to expunge the records pursuant to Rule 172. In its order, the court is to specify the case reference number or other identifying number so the order only applies to the specified case. See Comment to Rule 170 for further definition of a reference number.
If the court finds that the juvenile did not commit all of the alleged delinquent acts and dismisses the petition, the victim, if not present, shall be notified of the final outcome of the proceeding. See Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
Official Note: Rule 408 adopted April 1, 2005, effective October 1, 2005. Amended December 24, 2009, effective immediately. Amended May 26, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 408 published with the Court's Order at 41 Pa.B. 3180 (June 25, 2011).
Rule 409. Adjudication of Delinquency.
* * * * * Comment Under paragraph (A), absent evidence to the contrary, evidence of the commission of acts that constitute a felony is sufficient to sustain a finding that the juvenile is in need of treatment, supervision, or rehabilitation. See 42 Pa.C.S. § 6341(b).
If the court determines that the juvenile is not in need of treatment, supervision, or rehabilitation and the court enters an order terminating jurisdiction, the victim, if not present, shall be notified of the final outcome of the proceeding. See Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
* * * * * Official Note: Rule 409 adopted April 1, 2005, effective October 1, 2005. Amended December 24, 2009, effective immediately. Amended May 26, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 409 published with the Court's Order at 41 Pa.B. 3180 (June 25, 2011).
CHAPTER 5. DISPOSITIONAL HEARING PART A. SUMMONS AND NOTICE OF THE DISPOSITIONAL HEARING Rule 500. Summons and Notice of the Dispositional Hearing.
* * * * * B. Notice. [The court shall give notice] Notice of the dispositional hearing shall be given to:
1) the attorney for the Commonwealth;
2) the victim;
3) the juvenile's attorney;
[3)] 4) the juvenile probation office; and
[4)] 5) the educational decision maker, if applicable.
* * * * * Comment * * * * * The attorney for the Commonwealth or [the juvenile probation officer should] its designee is to notify the victim of the date, time, place, and purpose of the dispositional hearing. See Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
[Other] Any persons may be subpoenaed to appear for the hearing. See Rule 123 and 42 Pa.C.S. § 6333. However, nothing in these rules requires the attendance of the victim unless subpoenaed.
Official Note: Rule 500 adopted April 1, 2005, effective October 1, 2005. Amended April 29, 2011, effective July 1, 2011. Amended May 26, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 500 published with the Court's Order at 41 Pa.B. 3180 (June 25, 2011).
PART B. DISPOSITIONAL HEARING AND AIDS Rule 512. Dispositional Hearing.
A. Manner of hearing.
* * * * * 2) Opportunity to be heard. Before deciding disposition, the court shall give the juvenile and the victim an opportunity to [make a statement] be heard.
* * * * * Comment Any persons may be subpoenaed to appear for the hearing. See Rule 123 and 42 Pa.C.S. § 6333. However, nothing in these rules requires the attendance of the victim unless subpoenaed. If the victim is not present, the victim is to be notified of the final outcome of the proceeding. See Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
Under paragraph (A)(2), [for victim's right to be heard, see Victim's Bill of Rights, 18 P. S. § 11.201 et seq.] prior to deciding disposition, the court is to give the victim an opportunity to submit an oral and/or written victim-impact statement if the victim so chooses.
* * * * * Official Note: Rule 512 adopted April 1, 2005, effective October 1, 2005. Amended May 17, 2007, effective August 20, 2007. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended May 16, 2011, effective July 1, 2011. Amended May 26, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 512 published with the Court's Order at 41 Pa.B. 3180 (June 25, 2011).
CHAPTER 6. POST-DISPOSITIONAL PROCEDURES PART A. SUMMONS AND NOTICE Rule 600. Summons and Notice of the Commitment Review, Dispositional Review, and Probation Revocation Hearing.
* * * * * B. Notice. [The court shall give notice] Notice of the hearing shall be given to:
* * * * * Comment * * * * * The attorney for the Commonwealth or [the juvenile probation officer should] its designee is to notify the victim of the [hearing] date, time, place, and purpose of the dispositional and commitment review hearings. See Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
[Other] Any persons may be subpoenaed to appear for the hearing. See Rule 123 and 42 Pa.C.S. § 6333. However, nothing in these rules requires the attendance of the victim unless subpoenaed.
Official Note: Rule 600 adopted April 1, 2005, effective October 1, 2005. Amended April 29, 2011, effective July 1, 2011. Amended May 26, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the provisions of Rule 600 published with the Court's Order at 41 Pa.B. 3180 (June 25, 2011).
PART B. MODIFICATIONS, REVIEWS, AND APPEALS Rule 610. Dispositional and Commitment Review.
* * * * * B. Change in dispositional order. Whenever there is a request for a change in the dispositional order, other than a motion to revoke probation as provided in Rule 612, [the court shall give the parties notice of the request and] notice and an opportunity to be heard shall be given to the parties and the victim.
* * * * * Comment * * * * * Additionally, nothing in this rule is intended to prohibit the emergency transfer of a juvenile from a placement facility to a detention facility pending reconsideration of the dispositional order and this rule is not intended to preclude a motion for modification of a dispositional order after the juvenile has been detained.
Under paragraph (B), the attorney for the Commonwealth or its designee is to notify the victim of the date, time, place, and purpose of the review hearing. Prior to ordering the change in the dispositional order, the court is to give the victim an opportunity to submit an oral and/or written victim-impact statement if the victim so chooses. See Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
Any persons may be subpoenaed to appear for the hearing. See Rule 123 and 42 Pa.C.S. § 6333. However, nothing in these rules requires the attendance of the victim unless subpoenaed. If the victim is not present, the victim is to be notified of the final outcome of the proceeding.
* * * * * Official Note: Rule 610 adopted April 1, 2005, effective October 1, 2005. Amended December 30, 2005, effective immediately. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended May 26, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 610 published with the Court's Order at 41 Pa.B. 3180 (June 25, 2011).
Rule 631. Termination of Court Supervision.
* * * * * Comment For procedures on filing and service of the notice under paragraph (A), see Rule 345. For procedures on the dispositional order, see Rule 515. See also, 42 Pa.C.S. § 6352.
If the attorney for the Commonwealth objects pursuant to paragraph (B), the court is to conduct a hearing on the motion. The attorney for the Commonwealth or its designee is to notify the victim of the date, time, place, and purpose of the hearing conducted pursuant to paragraph (C). The victim may be present at the hearing and is to be afforded the opportunity to submit an oral and/or written victim-impact statement. See Rule 132 and the Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
Any persons may be subpoenaed to appear for the hearing. See Rule 123 and 42 Pa.C.S. § 6333. However, nothing in these rules requires the attendance of the victim unless subpoenaed. If the victim is not present, the victim is to be notified of the final outcome of the proceeding.
For collection of restitution, see 42 Pa.C.S. § 9728.
See Rule 632 for early termination of court supervision by motion.
Official Note: Rule 613 adopted April 1, 2005, effective October 1, 2005[; renumbered]. Renumbered Rule 631 and amended February 26, 2008, effective April 1, 2008. Amended May 26, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 631 published with the Court's Order at 41 Pa.B. 3180 (June 25, 2011).
Rule 632. Early Termination of Court Supervision by Motion.
A. Motion. Any party may move for early termination of court supervision. The motion shall state with specificity why early termination is sought and why the requirements of Rule 631(A) have not been met.
B. Notice.
1) In addition to the service requirements of Rule 345, any party moving for early termination shall serve the motion on the juvenile probation officer.
2) The victim shall be provided notice of the motion for early termination of court supervision.
C. Objection.
1) A party or the juvenile probation officer may object to the motion under paragraph (A) and request a hearing.
2) Such objection shall be made within thirty days of [receipt] the date of the motion; otherwise, objections are deemed waived.
D. Court's determination. The court shall:
1) Rule on the motion and any objections without a hearing; or
2) Schedule a hearing.
E. Hearing. If objections have been made pursuant to paragraph (C) and/or the court has determined a hearing is necessary, the court shall hold a hearing and give each party, the victim, and the juvenile probation officer an opportunity to be heard before the court enters its final order.
[E. Court's motion. The court, sua sponte, may schedule a hearing for early termination of court supervision upon a request by the juvenile probation officer. All parties shall receive notice of the hearing. ]
F. Termination. When the requirements of paragraphs (A) through [(D)] (E) have been met [or pursuant to its own motion under paragraph (E)] and the court is satisfied that there are compelling reasons to discharge the juvenile prior to the completion of the requirements of Rule 631(A), the court may order an early discharge of the juvenile from its supervision.
Comment If a party has moved for early termination of court supervision of a juvenile pursuant to paragraph (A) or the court has scheduled a hearing pursuant to paragraph (E), the attorney for the Commonwealth or its designee is to notify the victim of the motion for early termination and/or the date, time, place, and purpose of the hearing.
The victim may be present at the hearing and is to be afforded the opportunity to submit an oral and/or written victim-impact statement. See Rule 132 and the Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
For the submission of victim-impact statements by victims of personal injury crimes prior to the release or transfer of a juvenile from a placement facility, see Victim's Bill of Rights, 18 P. S. § 11.201(8.1)(iii).
Any persons may be subpoenaed to appear for the hearing. See Rule 123 and 42 Pa.C.S. § 6333. However, nothing in these rules requires the attendance of the victim unless subpoenaed. If the victim is not present, the victim is to be notified of the final outcome of the proceeding.
For procedures on motions, see Rule 344. For filing and service requirements, see Rule 345.
If all parties are in agreement with the termination, the court may terminate court supervision without a hearing.
For procedures on the dispositional order, see Rule 515. See also, 42 Pa.C.S. § 6352. For collection of outstanding restitution regardless of court supervision status, see 42 Pa.C.S. § 9728.
Official Note: Rule 632 adopted February 26, 2008, effective April 1, 2008. Amended May 26, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 632 published with the Court's Order at 41 Pa.B. 3180 (June 25, 2011).
EXPLANATORY REPORT May 2011 The Supreme Court of Pennsylvania has adopted the modifications to Rules 241, 242, 311, 312, 360, 406, 408, 409, 500, 512, 600, 610, 631, and 632 with this Recommendation. These changes are effective July 1, 2011.
Under the Purposes Clause of the Juvenile Act, the court shall make findings and enter an order consistent with the protection of the public interest that provides balanced attention to the protection of the community, the imposition of accountability for offenses committed, and the development of competencies to enable the juvenile to become a responsible and productive member of the community. See 42 Pa.C.S. § 6301(b)(2).
Part of the juvenile's accountability is confronting the victim and seeking to repair the harm inflicted. These proposed rule changes emphasize that the victim must be part of the court process. The victim must receive notice of hearings and be afforded the opportunity to attend the proceedings and submit an oral and/or written victim-impact statement. See Rules 132, 241, 242, 311, 312, 360, 370, 371, 390, 406, 408, 409, 500, 512, 513, 600, 610, and 632.
Further, when there is a proposed change in the dispositional order pursuant to Rule 610, the victim must be given notice and an opportunity to be heard. This is especially important if the change is substantially different from the original court order. See Rule 610.
If the court schedules a hearing to terminate court supervision, the victim must be afforded an opportunity to be heard before the court enters its final order. See Rules 631 and 632.
[Pa.B. Doc. No. 11-1038. Filed for public inspection June 24, 2011, 9:00 a.m.]
