932 Order amending rules 120, 1120, 1202, and 1800 and adoption of new rule 195 of the rules of juvenile court procedure; no. 532 Supreme Court rules doc.?
Title 237—JUVENILE RULES PART I. RULES [ 237 PA. CODE CHS. 1, 11, 12 AND 18 ] Order Amending Rules 120, 1120, 1202, and 1800 and Adoption of New Rule 195 of the Rules of Juvenile Court Procedure; No. 532 Supreme Court Rules Doc. [41 Pa.B. 2839]
[Saturday, June 4, 2011]Order Per Curiam
And Now, this 20th 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 41 Pa.B. 8 (January 1, 2011), in the Atlantic Reporter (Third Series Advance Sheets, Vol. 8, No. 3, January 14, 2011), 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 120, 1120, 1202, and 1800 and adoption of New Rule 195 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 1. GENERAL PROVISIONS PART A. BUSINESS OF COURTS Rule 120. Definitions.
* * * * * JUVENILE PROBATION OFFICER is a person who has been appointed by the court or employed by a county's juvenile probation office, and who has been properly commissioned by being sworn in as an officer of the court to exercise the powers and duties set forth in Rule 195, the Juvenile Act, and the Child Protective Services Law.
* * * * * Comment * * * * * ''Health care'' includes, but is not limited to, routine physical check-ups and examinations; emergency health care; surgeries; exploratory testing; psychological exams, counseling, therapy and treatment programs; drug and alcohol treatment; support groups; routine eye examinations and procedures; teeth cleanings, fluoride treatments, fillings, preventative dental treatments, root canals, and other dental surgeries; and any other examination or treatment relating to any physical, mental, and dental needs of the juvenile.
A ''juvenile probation officer'' is an officer of the court. ''Properly commissioned'' as used in the definition of a juvenile probation officer includes the swearing in under oath or affirmation and receipt of a document, certificate, or order of the court memorializing the authority conferred upon the juvenile probation officer by the court.
A properly commissioned juvenile probation officer is vested with all the powers and duties set forth in 42 Pa.C.S. § 6304, and the power to take a child into protective custody as a duly authorized officer of the court pursuant to 42 Pa.C.S. § 6324 unless the President Judge has limited such authority pursuant to Rule 195. See also 23 Pa.C.S. § 6315.
* * * * * Official Note: Rule 120 adopted April 1, 2005, effective October 1, 2005. Amended December 30, 2005, effective immediately. Amended March 23, 2007, effective August 1, 2007. Amended February 26, 2008, effective June 1, 2008. Amended July 28, 2009, effective immediately. Amended December 24, 2009, effective immediately. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended May 20, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 120 published with the Court's Order at 41 Pa.B. 2839 (June 4, 2011).
(Editor's Note: The following rule is new and printed in regular type to enhance readability.)
PART (D)(2). JUVENILE PROBATION OFFICERS Rule
195. Powers, Duties, and Training of a Juvenile Probation Officer. Rule 195. Powers, Duties, and Training of a Juvenile Probation Officer.
A. Powers and Duties of a Juvenile Probation Officer. Subject to any limitation imposed by the court, a juvenile probation officer shall:
1) take children, juveniles, and minors into custody pursuant to:
a) the Juvenile Act, 42 Pa.C.S. §§ 6304 and 6324;
b) the Child Protective Services Law (CPSL), 23 Pa.C.S. § 6301 et seq.;
c) a bench warrant as set forth in Rules 140, 141, and 1140; or
d) Rule 1202;
2) authorize detention or shelter care for a juvenile, and the shelter care of a child, pursuant to 42 Pa.C.S. §§ 6304, 6325, or 6331;
3) receive and examine written allegations unless the District Attorney has elected to receive and approve all written allegations pursuant to Rule 231(B);
4) make appropriate referrals for informal adjustment, consent decree, or other diversionary programs;
5) file petitions if diversionary programs are not appropriate unless the District Attorney has elected to file all petitions pursuant to Rule 330(A);
6) make investigations, reports, including social studies pursuant to Rule 513, and recommendations to the court;
7) make appropriate referrals to private and public agencies, psychological or psychiatric providers, drug and alcohol facilities or programs, or any other necessary treatments or programs;
8) communicate to the court and parties, and facilitate any special needs, including health and education, of the juvenile;
9) supervise and assist a juvenile placed on probation or a child under the court's protective supervision or care;
10) search the person and property of juveniles pursuant to 42 Pa.C.S. § 6304(a.1);
11) regularly oversee and visit juveniles in placement facilities;
12) report suspected child abuse pursuant to 23 Pa.C.S. § 6311; and
13) perform any other functions as designated by the court.
B. Limitations on powers and duties. The President Judge of each judicial district may limit the power and duties of its juvenile probation officers by local rule.
C. Training. No later than January 1, 2012 or within 180 days after being appointed or employed, a juvenile probation officer shall be trained on:
1) the Juvenile Act;
2) the Pennsylvania Rules of Juvenile Court Procedure;
3) the Child Protective Services Law (CPSL); and
4) any local procedures.
Comment Pursuant to paragraph (A)(1), a juvenile probation officer has the authority to take children, juveniles, and minors into custody pursuant to the Juvenile Act, the CPSL, a bench warrant, or Rule 1202. 23 Pa.C.S. § 6301 et seq. and 42 Pa.C.S. § 6301 et seq.
When a juvenile is under the court's supervision, the juvenile probation officer may take a juvenile into custody pursuant to the Juvenile Act, 42 Pa.C.S. §§ 6304(a)(3) and (5) and 6324(1) through (5), and bench warrants as set forth in Rules 140, 141, and 1140.
When a child, juvenile, or minor is not under the court's supervision, the juvenile probation officer, as a duly authorized officer, may take a child, juvenile, or minor into custody pursuant to the Child Protective Services Law (CPSL), 23 Pa.C.S. § 6315 and the Juvenile Act, 42 Pa.C.S. §§ 6304 (a)(3) and (5) and 6324(1), (3), and (4).
A properly commissioned juvenile probation officer is vested with all the powers and duties as set forth in 42 Pa.C.S. § 6304 and the power to take a child into protective custody as a duly authorized officer of the court pursuant to 42 Pa.C.S. § 6324 unless the President Judge has limited such authority pursuant to paragraph (B).
The President Judge may adopt a local rule, pursuant to the procedures of Rule 121, limiting the authority granted by the commission to juvenile probation officers. In determining whether to limit the authority of juvenile probation officers, the President Judge should consider the training and experience necessary to perform the various duties as provided in this rule. For example, the President Judge may choose to prohibit juvenile probation officers from taking a child into protective custody who is believed to be in imminent danger from his or her surroundings, but who is not under the court's supervision as a delinquent or dependent child. See 42 Pa.C.S. § 6324.
In situations when a juvenile probation officer takes a child into protective custody who is in imminent danger from his or her surroundings pursuant to 42 Pa.C.S. § 6325, 23 Pa.C.S. § 6315, and Rule 1202, the juvenile probation officer should take the appropriate steps to ensure the child's safety, immediately contact the county agency, and document for the county agency the circumstances which necessitated protective custody. See Rule 1202 and its Comment.
The juvenile probation officer may also supervise or assist a child placed in his or her protective supervision or care by the court. See 42 Pa.C.S. § 6304.
Pursuant to paragraph (A)(3), the juvenile probation officer is to receive written allegations from local law enforcement agencies to determine if a case may proceed to juvenile court. However, pursuant to Rule 231(B), the District Attorney of any county may require initial receipt and approval of written allegations before a delinquency proceeding may be commenced. See Rule 231(B).
Pursuant to paragraph (A)(6) and (7), the juvenile probation officer is to prepare reports compiling the juvenile's information for the court and make the necessary referrals to programs supported by a need revealed during the investigation.
Pursuant to paragraph (A)(8), the juvenile probation officer is to communicate the information to all parties before approaching the court. See Rule 136 for ex parte communication.
Pursuant to paragraph (A)(11), the juvenile probation officer is to oversee all juveniles ordered to placement facilities. Juvenile probation officers should visit all juveniles in placement facilities on a regular basis to determine if: 1) the juvenile is receiving the appropriate treatment; and 2) the facility is meeting the needs of the child. The Juvenile Court Judges' Commission Standards Governing Aftercare Services recommend that all juveniles be visited on a monthly basis. The juvenile probation officer is to report any irregularities or controversies to the court and all parties as soon as they are made known to the juvenile probation officer.
Pursuant to paragraph (A)(13), a juvenile probation officer may perform any other function designated by the court to carry out the purposes of the Juvenile Act.
Pursuant to paragraph (C), the juvenile probation officer is to be trained in the Juvenile Act, the Pennsylvania Rules of Juvenile Court Procedure, the CPSL, and any local procedures. The training is to occur within 180 days of the juvenile probation officer's appointment or employment. It is best practice for juvenile probation officers to receive training within the first ninety days of employment. It is also best practice that juvenile probation officers receive specialized training and educational updates on a continuing basis.
Specialized training for juvenile probation officers should include delinquency and dependency procedures and areas that address their duties as officers of the court.
Official Note: Rule 195 adopted May 20, 2011, effective July 1, 2011.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 195 published with the Court's Order at 41 Pa.B. 2839 (June 4, 2011).
Subpart B. DEPENDENCY MATTERS CHAPTER 11. GENERAL PROVISIONS PART A. BUSINESS OF COURTS Rule 1120. Definitions.
* * * * * JUVENILE PROBATION OFFICER is a person who has been appointed by the court or employed by a county's juvenile probation office, and who has been properly commissioned by being sworn in as an officer of the court to exercise the powers and duties set forth in Rule 195, the Juvenile Act, and the Child Protective Services Law.
* * * * * Comment * * * * * ''Health care'' includes, but is not limited to, routine physical check-ups and examinations; emergency health care; surgeries; exploratory testing; psychological exams, counseling, therapy and treatment programs; drug and alcohol treatment; support groups; routine eye examinations and procedures; teeth cleanings, fluoride treatments, fillings, preventative dental treatments, root canals, and other dental surgeries; and any other examination or treatment relating to any physical, mental, and dental needs of the child.
A ''juvenile probation officer'' is an officer of the court. ''Properly commissioned'' as used in the definition of a juvenile probation officer includes the swearing in under oath or affirmation and receipt of a document, certificate, or order of the court memorializing the authority conferred upon the juvenile probation officer by the court.
A properly commissioned juvenile probation officer is vested with all the powers and duties set forth in 42 Pa.C.S. § 6304, and the power to take a child into protective custody as a duly authorized officer of the court pursuant to 42 Pa.C.S. § 6324 unless the President Judge has limited such authority pursuant to Rule 195. See also 23 Pa.C.S. § 6315.
* * * * * Official Note: Rule 1120 adopted August 21, 2006, effective February 1, 2007. Amended March 19, 2009, effective June 1, 2009. Amended December 24, 2009, effective immediately. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended May 20, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 1120 published with the Court's Order at 41 Pa.B. 2839 (June 4, 2011).
CHAPTER 12. COMMENCEMENT OF PROCEEDINGS, EMERGENCY CUSTODY, AND PRE-ADJUDICATORY PLACEMENT PART A. COMMENCING PROCEEDINGS Rule 1202. Procedures for Protective Custody by a Police Officer, Juvenile Probation Officer, and County Agency.
A. Protective custody.
1) No court order.
a) A police officer or a juvenile probation officer may take a child into protective custody pursuant to Rule 1200 if there are reasonable grounds to believe that the child is suffering from illness or injury or is in imminent danger from the surroundings and removal is necessary.
b) Without unnecessary delay, but no more than twenty-four hours after a child is taken into custody, an application for a protective custody order shall be made to provide temporary emergency supervision of a child pending a hearing pursuant to Rule 1242. The president judge of each judicial district shall ensure that a judge is available twenty-four hours a day, every day of the year to accept and decide actions brought by the county agency within the twenty-four hour period.
2) Court order.
a) A police officer, juvenile probation officer, or county agency may obtain a protective custody order removing a child from the home pursuant to Rule 1210 if the court finds that remaining in the home is contrary to the welfare and the best interests of the child.
* * * * * Comment A properly commissioned juvenile probation officer has the authority to take a child into protective custody as a duly authorized officer of the court pursuant to 42 Pa.C.S. § 6324 unless the President Judge has limited such authority pursuant to Rule 195. See also 23 Pa.C.S. § 6315.
Under paragraph (A)(1)(a) & (A)(2)(a), the police officer's or juvenile probation officer's duty is to protect the child and remove the child safely. A police officer or juvenile probation officer may bring the child to the county agency for supervision of the child pending a court order that should be given immediately. The police officer's [duty is enforcement and removal] or juvenile probation officer's duty is to take a child into protective custody if there are reasonable grounds to believe that the child is suffering from illness or injury or is in imminent danger from his or her surroundings, and that protective custody is necessary, whereas the county agency's duty is to supervise the child and find an appropriate placement for the child when necessary. Only a police officer or juvenile probation officer may take custody of the child without a court order. See Rule 1800 for suspension of 42 Pa.C.S. § 6324, which provides that law enforcement officers may take a child into custody. [See Rule 1120 for definition of police officer, which may include a probation officer exercising their power of arrest when authorized by law.]
* * * * * Official Note: Rule 1202 adopted August 21, 2006, effective February 1, 2007. Amended May 20, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 1202 published with the Court's Order at 41 Pa.B. 2839 (June 4, 2011).
CHAPTER 18. SUSPENSIONS Rule 1800. Suspensions of Acts of Assembly.
This rule provides for the suspension of the following Acts of Assembly that apply to dependency proceedings only:
* * * * * 6) The Act of July 9, 1976, P. L. 586, No. 142, § 2, 42 Pa.C.S. § 6324, which authorizes law enforcement officers to take a child into custody, is suspended only insofar as the Act is inconsistent with Rule 1202, which provides for police officers and juvenile probation officers taking a child into custody.
* * * * * Official Note: Rule 1800 adopted August 21, 2006, effective February 1, 2007. Amended March 19, 2009, effective June 1, 2009; amended September 16, 2009, effective immediately. Amended April 29, 2011, effective July 1, 2011. Amended May 20, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 1800 published with the Court's Order at 41 Pa.B. 2839 (June 4, 2011).
EXPLANATORY REPORT May 2011 Introduction
The Supreme Court of Pennsylvania has adopted the modifications to Rules 120, 1120, 1202, and 1800 and New Rule 195 with this Recommendation. These changes are effective July 1, 2011.
Background
These rule modifications address the scope of the juvenile probation officer's authority, as well as, their duties and training.
It has been brought to the Committee's attention that in some judicial districts, juvenile probation officers are ''duly authorized officers'' as used in the Juvenile Act, 42 Pa.C.S. § 6324 while in other judicial districts, juvenile probation officers are not viewed as ''duly authorized officers.''
To provide clarity and a uniform procedure, these rule modifications clarify that juvenile probation officers are duly authorized officers of the court as that term is used in the Juvenile Act, 42 Pa.C.S. § 6324. The modifications also allow the President Judge of each judicial district to determine whether to limit a juvenile probation officer's authority in his or her judicial district. The modifications also mandate minimum training requirements for all juvenile probation officers.
Rules 120 and 1120
A new definition for ''juvenile probation officer'' is being added to the Rules. The Comment to this rule further clarifies the definition and outlines the juvenile probation officer's commission.
A President Judge may determine to limit the authority of its juvenile probation officers by local rule. For example, the President Judge may limit the authority of new juvenile probation officers or those who have not otherwise completed the required training.
The current practice in some counties that allows juvenile probation officers to take alleged dependent children into custody may continue to be utilized if the President Judge has not limited the authority of the juvenile probation officer.
Rule 195
This new rule sets forth the powers, duties, and training of juvenile probation officers.
Pursuant to paragraph (A) and its Comment, juvenile probation officers shall have the authority to take children, juveniles, and minors into custody pursuant to the Juvenile Act, Child Protective Services Law (CPSL), bench warrants, and Rule 1202. It also addresses other powers and duties of juvenile probation officers.
The President Judge may grant the Administrative Judge authority to decide whether to limit juvenile probation officers' authority. However, only the President Judge of each judicial district may enact a local rule to limit the authority of the probation officer pursuant to paragraph (B). See Rules 121 and 1121 for promulgation of local rules.
Paragraph (C) requires juvenile probation officers, no later than one hundred eighty days after being appointed or employed, to be trained on the Juvenile Act, Rules of Juvenile Court Procedure, the CPSL, and local procedures. This is the minimum requirement. However, the Committee believes that the juvenile probation officer should be trained on a continuing basis in all areas of delinquency and dependency practice and law, including specialized training as funding permits.
It is best practice to have all juvenile probation officers trained within the first ninety days of employment; however, this may not be feasible in some judicial districts. As quality educational and training opportunities become more widely available, all juvenile probation officers should be encouraged to attend.
Rule 1202
The rule now provides authority for juvenile probation officers to take a child into protective custody as duly authorized officer of the court. See 42 Pa.C.S. § 6324.
The Comment clarifies that the juvenile probation officer's authority is equivalent to a police officer's duty when removing a child from the home. The juvenile probation officer's duty is to protect the child and remove the child safely. The juvenile probation officer must transport the child to the county agency. The county agency will then supervise the child and immediately identify an appropriate placement when necessary.
Rule 1800
Because of the modifications to Rule 1202 supra, Rule 1800 was revised accordingly.
[Pa.B. Doc. No. 11-932. Filed for public inspection June 3, 2011, 9:00 a.m.]
