Section 373. Conditions of Consent Decree

A. Terms and conditions. The court may place upon the juvenile any reasonable conditions that are consistent with the protection of the public interest. The conditions of the consent decree shall provide a balanced attention to:

1) the protection of the community;

2) the juvenile’s accountability for the offenses committed; and

3) the development of the juvenile’s competencies to enable the juvenile to become a responsible and productive member of the community.

B. Duration of consent decree. A consent decree shall remain in force for no more than six months as agreed upon unless the juvenile is discharged sooner upon motion. Upon motion, the court may:

1) discharge the juvenile at an earlier time; or

2) extend the time period not to exceed an additional six months.

Comment

If the juvenile fails to accept the conditions required by the court pursuant to paragraph (A), the case should proceed to findings, adjudication, and disposition. See Comment to Rule 371.

Nothing in this rule is intended to prevent the juvenile probation officer from being the movant for consent decree. For rule on motions, see Rule 344.

Paragraph (B) requires a motion to be filed for early dismissal from consent decree. The procedures of Rule 344 are to be followed to ensure all parties are properly notified of the request and appropriate objections can be made. Rule 800 suspends 42 Pa.C.S. § 6340(c) only to the extent that there is an additional requirement that a motion is to be filed. See Rule 800.

Official Note

Rule 373 adopted April 1, 2005, effective October 1, 2005; amended December 30, 2005, effective immediately.

Committee Explanatory Reports:

Final Report explaining the amendments to Rule 373 published with the Court’s Order at 36 Pa.B. 187 (January 14, 2006).

The provisions of this Rule 373 amended December 30, 2005, effective immediately, 36 Pa.B. 186. Immediately preceding text appears at serial page (310609).