Section 232. Contents of Written Allegation

Every written allegation shall contain:

1) the name of the person making the allegations;

2) the name, date of birth, and address, if known, of the juvenile, or if unknown, a description of the juvenile;

3) a statement that:

a) it is in the best interest of the juvenile and the public that the proceedings be brought; and

b) the juvenile is in need of treatment, supervision, or rehabilitation;

4) the date when the offense is alleged to have been committed; provided, however:

a) if the specific date is unknown, or if the offense is a continuing one, it shall be sufficient to state that it was committed on or about any date within the period of limitations; and

b) if the date or day of the week is an essential element of the offense alleged, such date or day shall be specifically set forth;

5) the place where the offense is alleged to have been committed;

6) a) a summary of the facts sufficient to advise the juvenile of the nature of the offense alleged; and

b) the official or customary citation of the statute and section, or other provision of law which the juvenile is alleged to have violated, but an error in such citation shall not affect the validity or sufficiency of the written allegation;

7) the name and age of any conspirators, if known;

8) a statement that the acts were against the peace and dignity of the Commonwealth of Pennsylvania or in violation of an ordinance of a political subdivision;

9) a notation indicating whether the juvenile has or has not been fingerprinted and photographed;

10) a notation if criminal laboratory services are requested in the case;

11) a verification by the person making the allegation that the facts set forth in the written allegation are true and correct to the person’s personal knowledge, information, or belief, and that any false statement made is subject to the penalties of the Crimes Code, 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities;

12) the signature of the person making the allegation and the date of execution of the written allegation; and

13) the name and address of the juvenile’s guardian, or if unknown, the name and address of the nearest adult relative.

Comment

This rule sets forth the required contents of all written allegations whether the person making the allegation is a law enforcement officer, a police officer, or a private citizen. See http://www.pacourts.us/Forms/Default.htm for a copy of the written allegation form that is to be submitted.

See 42 Pa.C.S. § 6308 for the taking of fingerprints and photographs pursuant to paragraph (a).

Official Note

Rule 232 adopted April 1, 2005, effective October 1, 2005. Amended December 3, 2007, effective immediately. Amended January 23, 2009, effective March 1, 2009. Amended December 24, 2009, effective immediately.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 232 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

Final Report explaining the amendments to Rule 232 published with the Court’s Order at 37 Pa.B. 6743 (December 22, 2007).

Final Report explaining the amendments to Rule 232 published with the Court’s Order at 39 Pa.B. 676 (February 7, 2009).

Final Report explaining the amendments to Rule 232 published with the Court’s Order at 40 Pa.B. 222 (January 9, 2010).

The provisions of this Rule 232 amended December 3, 2007, effective December 3, 2007, 37 Pa.B. 6743; amended January 23, 2009, effective March 1, 2009, 39 Pa.B. 676; amended December 24, 2009, effective immediately, 40 Pa.B. 222. Immediately preceding text appears at serial pages (341540) to (341541).