Section 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;

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).

The provisions of this Rule 241 amended May 26, 2011, effective July 1, 2011, 41 Pa.B. 3180. Immediately preceding text appears at serial page (357294).