Section 312. Informal Adjustment

A. Participation. At any time prior to the filing of a petition, the juvenile probation officer may informally adjust the allegation(s) if it appears:

1) an adjudication would not be in the best interest of the public and the juvenile;

2) the juvenile and the juvenile’s guardian consent to informal adjustment with knowledge that consent is not obligatory; and

3) the admitted facts bring the case within the jurisdiction of the court.

B. Completion.

1) If the juvenile successfully completes the informal adjustment, the case shall be dismissed and prosecution is barred.

2) If the juvenile does not successfully complete the informal adjustment, a petition shall be filed.

Comment

Pursuant to paragraph (A), informal adjustments may not occur after the filing of a petition. See Rule 800(12), which suspends 42 Pa.C.S. § 6323(a) only to the extent that it conflicts with this rule. See also Commonwealth v. J.H.B., 760 A.2d 27 (Pa. Super. Ct. 2000).

The juvenile probation officer or other agencies may give ‘‘counsel and advice’’ as to the informal adjustment. See 42 Pa.C.S. § 6323(b). ‘‘Counsel and advice’’ may include referral to a social service agency or other conditions as agreed to by the juvenile probation officer and the juvenile.

A juvenile’s participation in an informal adjustment may not exceed six months, unless extended by order of the court for an additional period not to exceed three months. See 42 Pa.C.S. § 6323(c). Any incriminating statements made by the juvenile to the juvenile probation officer and in the discussions or conferences incident thereto are not to be used against the juvenile over objection in any criminal proceeding or hearing under the Juvenile Act. See 42 Pa.C.S. § 6323(e).

Prior to informally adjusting the written allegation, the juvenile probation officer is to give the victim an opportunity to submit an oral and/or written victim-impact statement if the victim so chooses. The juvenile probation officer is to include the payment of restitution agreed to be owed to the victim as a condition of sucessful completion of an informal adjustment by a juvenile. If the victim is not present, the victim is to be notified of the final outcome of the proceeding. See Victim’s Bill of Rights, 18 P. S. § 11.201 et seq.

If a petition is filed because the juvenile has not successfully completed the requirements of an informal adjustment, the procedures of Rule 330 are to be followed.

Official Note

Rule 312 adopted April 1, 2005, effective October 1, 2005. Amended February 12, 2010, effective immediately. Amended May 26, 2011, effective July 1, 2011.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 312 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

Final Report explaining the amendments to Rule 312 published with the Court’s Order at 40 Pa.B. 1073 (February 27, 2010).

Final Report explaining the amendments to Rule 312 published with the Court’s Order at 41 Pa.B. 3180 (June 25, 2011).

The provisions of this Rule 312 amended February 12, 2010, effective immediately, 40 Pa.B. 1073; amended May 26, 2011, effective July 1, 2011, 41 Pa.B. 3180. Immediately preceding text appears at serial pages (348306) to (348307).