Section 200. Commencing Proceedings

Juvenile delinquency proceedings within a judicial district shall be commenced by:

1) submitting a written allegation pursuant to Rule 231;

2) an arrest without a warrant:

a) when the offense is a felony or misdemeanor committed in the presence of the police officer making the arrest; or

b) upon probable cause when the offense is a felony; or

c) upon probable cause when the offense is a misdemeanor not committed in the presence of the police officer making the arrest, when such arrest without a warrant is specifically authorized by statute;

3) the filing of a certification with the court that a juvenile has failed to comply with a lawful sentence imposed for a summary offense;

4) transfer of a case from a criminal proceeding pursuant to Pa.R.Crim.P. 597 and 42 Pa.C.S. § 6322;

5) the court accepting jurisdiction of a resident juvenile from another state; or

6) the court accepting supervision of a juvenile pursuant to another state’s order.

Comment

Paragraph (1) allows for commencing delinquency proceedings by submitting a written allegation. This procedure departs from the Juvenile Act, which provides that the filing of a petition commences a proceeding. Rule 800 suspends 42 Pa.C.S. § 6321 only to the extent that it is inconsistent with the procedures of this rule. Petitions filed by any person circumvent the juvenile probation’s office ability to divert the case through informal adjustment as provided in 42 Pa.C.S. § 6323. Probation officers may ‘‘receive and examine complaints and charges of delinquency . . . of a child for the purpose of considering the commencement of proceedings.’’ 42 Pa.C.S. § 6304(a)(2).

See Rule 231 for procedures on submitting a written allegation.

For the definition of a ‘‘written allegation,’’ see Rule 120.

The Juvenile Act provides that ‘‘a child may be taken into custody . . . pursuant to the laws of arrest.’’ 42 Pa.C.S. § 6324. Paragraph (2) states the laws of arrest without a warrant in Pennsylvania. See Pa.R.Crim.P. 502.

A proceeding may be commenced pursuant to paragraph (3) by filing a certification that attests that the juvenile has failed to comply with a lawful sentence imposed for a summary offense, bypassing the need for a written allegation pursuant to Rule 231.

Under paragraph (4), when a case is transferred from a criminal proceeding pursuant to 42 Pa.C.S. § 6322 to juvenile court, the entire case file is to be transferred. The case file is governed by the disclosure requirements of Rule 160. See Rule 337 for the filing of petition after case has been transferred from a criminal porceeding. See Rule 404 for prompt adjudicatory hearing.

Paragraph (5) encompasses a juvenile who lives in Pennsylvania and commits a crime in another state and that state wants Pennsylvania to accept the disposition of the juvenile and supervise the juvenile.

Paragraph (6) encompasses a juvenile who lives outside of Pennsylvania, committed a crime outside of Pennsylvania, is moving to Pennsylvania, and the other jurisdiction would like Pennsylvania to accept the disposition of the juvenile and supervise the juvenile.

For procedures for when the juvenile is alleged to have violated probation, see Rule 612.

For inter-county transfer of juveniles, see Rule 302.

See § 6321(a) of the Juvenile Act for commencement of proceedings under the Juvenile Act. 42 Pa.C.S. § 6321(a).

Official Note

Rule 200 adopted April 1, 2005, effective October 1, 2005. Amended March 23, 2007, effective August 1, 2007. Amended May 12, 2008, effective immediately. Amended January 23, 2009, effective March 1, 2009. Amended July 31, 2012, effective November 1, 2012.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 200 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

Final Report explaining the amendments to Rule 200 published with the Court’s Order at 37 Pa.B. 1485 (April 7, 2007).

Final Report explaining the amendments to Rule 200 published with the Court’s Order at 38 Pa.B. 2360 (May 24, 2008).

Final Report explaining the amendments to Rule 200 published with the Court’s Order at 39 Pa.B. 676 (February 7, 2009).

Final Report explaining the amendments to Rule 200 published with the Court’s Order at 42 Pa.B. 5350 (August 18, 2012).

The provisions of this Rule 200 amended March 23, 2007, effective August 1, 2007, 37 Pa.B. 1483; amended May 12, 2008, effective May 12, 2008, 38 Pa.B. 2360; amended January 22, 2009, effective March 1, 2009, 39 Pa.B. 676; amended July 31, 2012, effective November 1, 2012, 42 Pa.B. 5350. Immediately preceding text appears at serial pages (341534) to (341535).