Pennsylvania Code (Last Updated: April 5, 2016) |
Title 237. JUVENILE RULES |
PART I. RULES…1 |
Subpart A. DELINQUENCY MATTERS…1 |
Chapter 5. DISPOSITIONAL HEARING |
Section 515. Dispositional Order
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A. Generally. When the court enters a disposition after an adjudication of delinquency pursuant to Rule 409 (A)(2), the court shall issue a written order, which provides balanced attention to the protection of the community, accountability for the offenses committed, and development of the juveniles competencies to enable the juvenile to become a responsible and productive member of the community. The order shall include:
1) the courts findings pursuant to Rule 512(D);
2) a designation whether the case is eligible pursuant to 42 Pa.C.S. § 6307 (b)(1)(i) for limited public information;
3) a directive that the juvenile shall submit to fingerprinting and photographing by, or arranged by, the law enforcement agency that submitted the written allegation in all cases in which the juvenile has not previously been fingerprinted or photographed;
4) the date of the order; and
5) the signature and printed name of the judge entering the order.
B. Restitution. If restitution is ordered in a case, the dispositional order shall include:
1) a specific amount of restitution to be paid by the juvenile;
2) to whom the restitution shall be paid; and
3) a payment schedule, if so determined by the court.
C. Guardian participation. The dispositional order shall include any conditions, limitations, restrictions, and obligations imposed upon the guardian.
D. Disposition reporting. The court shall forward the case disposition to the Juvenile Court Judges Commission, as required by the Commission.
Comment Pursuant to paragraph (A)(2), the court is to determine if the case is eligible for limited public information under the requirements of 42 Pa.C.S. § 6307 (b)(1)(i). See 42 Pa.C.S. § 6307(b)(2). When the case is designated, the clerk of courts is to mark the file clearly. For information that is available to the public in those eligible cases, see Rule 160.
See 23 Pa.C.S. § 5503 and 42 Pa.C.S. § § 6308, 6309 and 6310.
Dispositional orders should comport in substantial form and content to the Juvenile Court Judges Commission model orders to receive funding under the federal Adoption and Safe Families Act (ASFA) of 1997 (P. L. 105-89). The model forms are also in compliance with Title IV-B and Title IV-E of the Social Security Act. For model orders, see http://www.jcjc.state.pa.us or http://www.dpw. state.pa.us or request a copy on diskette directly from the Juvenile Court Judges Commission, Room 401, Finance Building, Harrisburg, PA 17120.
Official Note
Rule 515 adopted April 1, 2005, effective October 1, 2005. Amended August 20, 2007, effective December 1, 2007. Amended July 28, 2009, effective immediately. Amended December 24, 2009, effective immediately. Amended April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 515 published with the Courts Order at 35 Pa.B. 2214 (April 16, 2005).
Final Report explaining the amendments to Rule 515 published with the Courts Order at 37 Pa.B. 4866 (September 8, 2007).
Final Report explaining the amendment to Rule 515 published with the Courts Order at 39 Pa.B. 4743 (August 8, 2009).
Final Report explaining the amendments to Rule 515 published with the Courts Order at 40 Pa.B. 222 (January 9, 2010).
Final Report explaining the amendments to Rule 515 published with the Courts Order at 41 Pa.B. 2413 (May 14, 2011).
The provisions of this Rule 515 amended August 21, 2007, effective December 1, 2007, 37 Pa.B. 4866; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4741; amended December 24, 2009, effective immediately, 40 Pa.B. 222; amended April 29, 2011, effective July 1, 2011, 41 Pa.B. 2413. Immediately preceding text appears at serial pages (356688) and (347943).