Section 200.804. Public availability. (See Pa.R.J.C.P. 160, 330, 515 and 42 Pa.C.S. § 6307(b))

(a) A dispositional order entered following an adjudication of delinquency shall include a designation as to whether the case is eligible for limited public information, under 42 Pa.C.S. § 6307(b)(1)(i) (relating to inspection of court files and records). The court shall designate a case as eligible for limited public information if the child has been adjudicated delinquent by a court as a result of an act committed:

(1) When the child was 14 years of age or older and the conduct would be considered a felony if committed by an adult.

(2) When the child was 12 or 13 years of age and the conduct would have constituted one or more of the following offenses if committed by an adult:

(i) Murder.

(ii) Voluntary manslaughter.

(iii) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault).

(iv) Arson as defined in 18 Pa.C.S. § 3301(a)(1) (relating to arson and related offenses).

(v) Involuntary deviate sexual intercourse.

(vi) Kidnapping.

(vii) Rape.

(viii) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery).

(ix) Robbery of motor vehicle.

(x) Attempt or conspiracy to commit any of the aforementioned offenses.

(b) Upon the request of an individual for information regarding a case in which the court in its dispositional order has designated the case as eligible for limited public information under 42 Pa.C.S. § 6307(b)(1)(i), the clerk of courts shall create a public document that contains the following information:

(1) The juvenile’s name.

(2) The juvenile’s age.

(3) The juvenile’s address.

(4) The offenses alleged in the petition.

(5) The adjudication on each allegation.

(6) The disposition of the case.

(c) A petition alleging delinquency must contain an averment as to whether the case is eligible for limited public information under 42 Pa.C.S. § 6307(b)(1)(ii). A case shall be eligible for limited public information if the petition alleges that the child has committed an act that is subject to open proceedings under 42 Pa.C.S. § 6336(e) (relating to conduct of hearings) and the child previously has been adjudicated delinquent by a court as a result of an act committed:

(1) When the child was 14 years of age or older and the conduct would be considered a felony if committed by an adult.

(2) When the child was 12 or 13 years of age and the conduct would have constituted one or more of the following offenses if committed by an adult:

(i) Murder.

(ii) Voluntary manslaughter.

(iii) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2).

(iv) Arson as defined in 18 Pa.C.S. § 3301(a)(1).

(v) Involuntary deviate sexual intercourse.

(vi) Kidnapping.

(vii) Rape.

(viii) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii).

(ix) Robbery of motor vehicle.

(x) Attempt or conspiracy to commit any of the aforementioned offenses.

(d) Upon the request of an individual for information regarding a case in which the petition includes an averment that the case is eligible for limited public information under 42 Pa.C.S. § 6307(b)(1)(ii), the clerk of courts shall create a public document that contains the following information:

(1) The juvenile’s name.

(2) The juvenile’s age.

(3) The juvenile’s address.

(4) The offenses alleged in the petition.

The provisions of this § 200.804 amended August 22, 2008, effective August 23, 2008, 38 Pa.B. 4632. Immediately preceding text appears at serial pages (327894) to (327895).

Notation

Authority

The provisions of this § 200.804 amended under 42 Pa.C.S. § § 6371—6375.