1639 Order amending rule 120 of the rules of juvenile court procedure; no. 543 Supreme Court rules doc.?
Title 237—JUVENILE RULES PART I. RULES [ 237 PA. CODE CH. 1 ] Order Amending Rule 120 of the Rules of Juvenile Court Procedure; No. 543 Supreme Court Rules Doc. [41 Pa.B. 5062]
[Saturday, September 24, 2011]Order Per Curiam
And Now, this 7th day of September, 2011, upon the recommendation of the Juvenile Court Procedural Rules Committee, the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3); 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 Rule 120 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 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.
* * * * * JUVENILE is a person who has attained ten years of age and is not yet twenty-one years of age who is alleged to have, upon or after the juvenile's tenth birthday, committed a delinquent act before reaching eighteen years of age.
* * * * * Comment * * * * * A ''juvenile'' must be at least ten years old and must not have reached the age of eighteen at the time of the commission of a delinquent act for a delinquency petition to be filed. If a child is under the age of ten at the time of the commission of a delinquent act, a dependency petition may be filed pursuant to Pa.R.J.C.P. 1100 et seq. and the Juvenile Act, 42 Pa. C.S. § 6301 et seq.
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.
* * * * * 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. Amended September 7, 2011, effective immediately.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 120 published with the Court's Order at 41 Pa.B. 5062 (September 24, 2011).
EXPLANATORY REPORT
September 2011The Supreme Court of Pennsylvania has adopted the proposed changes to Rule 120 with this Recommendation. The changes are effective immediately.
Modifications to Rule 120 clarify that the juvenile must be at least ten years old at the time of the commission of a delinquent act for a delinquency petition to be filed. Under the prior version, it could be argued that a juvenile must be at least ten years old at the time of the allegation of the delinquent act.
This revised definition ensures juveniles are at least ten years old and have not reached eighteen years of age when the commission of delinquent acts occurs, rather than when allegations are made.
[Pa.B. Doc. No. 11-1639. Filed for public inspection September 23, 2011, 9:00 a.m.]
