Section 243. Detention Rehearings

A. Mandatory Rehearing. If the guardian submits an affidavit to the juvenile probation officer alleging that the guardian was not notified of the detention hearing and that the guardian did not appear or waive appearance at the detention hearing, a rehearing shall be held within seventy-two hours of the submission of the affidavit.

B. Discretionary Rehearing. The court may grant a rehearing upon request of the juvenile’s attorney, the juvenile, if unrepresented, or the attorney for the Commonwealth, or on its own motion.

C. Forum. The judge, who heard the original detention hearing or adopted the findings of the master, shall hold the rehearing, unless the judge assigns the case to a master.

Comment

See 42 Pa.C.S. § 6332(b).

Under paragraph (A), upon receiving an affidavit, the juvenile probation officer is to schedule a rehearing, forward the affidavit to the proper person to schedule a rehearing, or submit the affidavit to the court for rescheduling.

Under paragraph (C), only a judge may hold a rehearing, unless the judge orders a master to hear the case.

Official Note

Rule 243 adopted April 1, 2005, effective October 1, 2005.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 243 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).