Section 360. Summons and Notice

A. Summons. The court shall issue a summons compelling the juvenile and the juvenile’s guardian to appear for the adjudicatory hearing.

B. Notice. Notice of the adjudicatory hearing shall be given to:

1) the attorney for the Commonwealth;

2) the juvenile’s attorney;

3) the juvenile probation office; and

4) the victim.

C. Requirements. The general summons and notice procedures of Rule 124 shall be followed.

Comment

Section 6335 of the Juvenile Act provides that the court is to direct the issuance of a summons to the juvenile, guardian, and any other persons as appears to the court to be proper and necessary for the proceedings. 42 Pa.C.S. § 6335.

The guardian’s failure to appear should not prevent the adjudicatory hearing from proceeding.

The attorney for the Commonwealth or 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.

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 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 38 Pa.B. 1142 (March 8, 2008).

Final Report explaining the amendments to Rule 360 published with the Court’s Order at 41 Pa.B. 3180 (June 25, 2011).

The provisions of this Rule 360 amended February 26, 2008, effective June 1, 2008, 38 Pa.B. 1142; amended May 26, 2011, effective July 1, 2011, 41 Pa.B. 3180. Immediately preceding text appears at serial page (332730).