PRINTER'S NO. 206
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
223
Session of
2017
INTRODUCED BY GREENLEAF, HAYWOOD, RAFFERTY, BREWSTER AND HUGHES,
JANUARY 26, 2017
REFERRED TO JUDICIARY, JANUARY 26, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
further providing for short title and purposes of chapter,
for definitions, for scope of chapter, for powers and duties
of probation officers, for masters, for inspection of court
files and records, for law enforcement records, for guardian
ad litem for child in court proceedings, for commencement of
proceedings, for transfer from criminal proceedings, for
informal adjustment, for taking into custody, for release or
delivery to court, for place of detention, for release from
detention or commencement of proceedings, for petition, for
release or holding of hearing, for conduct of hearings, for
notice and hearing, for right to counsel for children in
dependency and delinquency proceedings, for consent decree,
for adjudication, for court-appointed special advocates, for
disposition of dependent child, for disposition of delinquent
child, for limitation on and change in place of commitment,
for transfer to criminal proceedings, for disposition of
mentally ill or mentally retarded child and for assessment of
delinquent children by the State Sexual Offenders Assessment
Board and providing for role of interstate compacts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6301(b)(1.1) of Title 42 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 6301. Short title and purposes of chapter.
* * *
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(b) Purposes.--This chapter shall be interpreted and
construed as to effectuate the following purposes:
* * *
(1.1) To provide for the care, protection, safety and
wholesome mental and physical development of children coming
within the provisions of this chapter[.], recognizing that
the ongoing neurological and psychological development of
children and adolescents, as well as the more pronounced
impact of experiences and external influences, differentiates
them qualitatively from adults in their capacities and
decision-making processes.
* * *
Section 2. The definitions of "delinquent act" and "shelter
care" in section 6302 of Title 42 are amended and the section is
amended by adding definitions to read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Delinquent act."
(1) The term means:
(i) an act designated a crime under the law of this
Commonwealth, or of another state if the act occurred in
that state, or under Federal law[, or under local
ordinances or];
(ii) an act which constitutes indirect criminal
contempt under Chapter 62A (relating to protection of
victims of sexual violence or intimidation) with respect
to sexual violence or 23 Pa.C.S. Ch. 61 (relating to
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protection from abuse)[.]; or
(iii) the failure of a child to comply with a lawful
sentence imposed for a summary offense, in which event,
notice of that fact shall be certified to the court.
(2) The term shall not include:
(i) The crime of murder when the child was 15 years
of age or older at the time of the alleged murder.
(ii) Any of the following prohibited conduct where
the child was 15 years of age or older at the time of the
alleged conduct and a deadly weapon as defined in 18
Pa.C.S. § 2301 (relating to definitions) was used during
the commission of the offense which, if committed by an
adult, would be classified as:
(A) Rape as defined in 18 Pa.C.S. § 3121
(relating to rape).
(B) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123 (relating to involuntary
deviate sexual intercourse).
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2) (relating to aggravated assault).
(D) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii) (relating to robbery).
(E) Robbery of motor vehicle as defined in 18
Pa.C.S. § 3702 (relating to robbery of motor
vehicle).
(F) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(G) Kidnapping as defined in 18 Pa.C.S. § 2901
(relating to kidnapping).
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(H) Voluntary manslaughter.
(I) An attempt, conspiracy or solicitation to
commit murder or any of these crimes as provided in
18 Pa.C.S. §§ 901 (relating to criminal attempt), 902
(relating to criminal solicitation) and 903 (relating
to criminal conspiracy).
(iii) Any of the following prohibited conduct where
the child was 15 years of age or older at the time of the
alleged conduct and has been previously adjudicated
delinquent of any of the following prohibited conduct
which, if committed by an adult, would be classified as:
(A) Rape as defined in 18 Pa.C.S. § 3121.
(B) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123.
(C) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii).
(D) Robbery of motor vehicle as defined in 18
Pa.C.S. § 3702.
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125.
(F) Kidnapping as defined in 18 Pa.C.S. § 2901.
(G) Voluntary manslaughter.
(H) An attempt, conspiracy or solicitation to
commit murder or any of these crimes as provided in
18 Pa.C.S. §§ 901, 902 and 903.
(iv) Summary offenses[, unless the child fails to
comply with a lawful sentence imposed thereunder, in
which event notice of such fact shall be certified to the
court].
(v) A crime committed by a child who has been found
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guilty in a criminal proceeding for other than a summary
offense.
* * *
"Juvenile probation officer." A person who has been
appointed by the court or employed by a county's juvenile
probation office and who has been properly commissioned by being
sworn in as an officer of the court to exercise the powers and
duties set forth in Rule 195 of the Pennsylvania Rules of
Juvenile Court Procedure, 23 Pa.C.S. Ch. 63 (relating to child
protective services) and this chapter.
"Law enforcement officer." A person who is by law given the
power to enforce the law when acting within the scope of that
person's employment.
* * *
"Police officer." A person who is by law given the power to
arrest when acting within the scope of the person's employment.
* * *
"Shelter care." Temporary care of a child in physically
unrestricted facilities. A facility approved by the Department
of [Public Welfare] Human Services to provide shelter care may
be located in the same building as a facility approved to
provide secure detention services provided that children
receiving shelter care services are segregated from the children
receiving secure detention services as required by the
department.
Section 3. Sections 6303(b), 6304(a)(2), 6305(b), 6307(a)
(6.5) and 6308(a)(6) of Title 42 are amended to read:
§ 6303. Scope of chapter.
* * *
(b) Minor judiciary.--[No]
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(1) Except as provided in paragraph (2), no child shall
be detained, committed or sentenced to imprisonment by a
magisterial district judge or a judge of the minor judiciary
unless the child is charged with an act set forth in
paragraph (2)(i), (ii), (iii) or (v) of the definition of
"delinquent act" in section 6302 (relating to definitions).
(2) A magisterial district judge may issue an arrest
warrant for a child, as authorized under the Pennsylvania
Rules of Juvenile Court Procedure, which may lead to
detention of the child in limited circumstances.
* * *
§ 6304. Powers and duties of probation officers.
(a) General rule.--For the purpose of carrying out the
objectives and purposes of this chapter, and subject to the
limitations of this chapter or imposed by the court, a probation
officer shall:
* * *
(2) [Receive] Subject to any required prior submission
to an attorney for the Commonwealth, as provided under the
Pennsylvania Rules of Juvenile Court Procedure, receive and
examine complaints and charges of delinquency or dependency
of a child for the purpose of considering the commencement of
proceedings under this chapter.
* * *
§ 6305. Masters.
* * *
(b) Hearings before masters.--[The court of common pleas may
direct that hearings in any case or class of cases be conducted
in the first instance by the master in the manner provided in
this chapter.]
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(1) Before commencing the hearing the master shall
inform the parties who have appeared that they are entitled
to have the matter heard by a judge. If a party objects, the
hearing shall be conducted by a judge.
(2) A master in a juvenile proceeding may only hear a
case or class of cases specifically authorized by the
Pennsylvania Rules of Juvenile Court Procedure.
* * *
§ 6307. Inspection of court files and records.
(a) General rule.--All files and records of the court in a
proceeding under this chapter are open to inspection only by:
* * *
(6.5) The Department of [Public Welfare] Human Services
for use in determining whether an individual named as the
perpetrator of an indicated report of child abuse should be
expunged from the Statewide database.
* * *
§ 6308. Law enforcement records.
(a) General rule.--Law enforcement records and files
concerning a child shall be kept separate from the records and
files of arrests of adults. Unless a charge of delinquency is
transferred for criminal prosecution under section 6355
(relating to transfer to criminal proceedings), the interest of
national security requires, or the court otherwise orders in the
interest of the child, the records and files shall not be open
to public inspection or their contents disclosed to the public
except as provided in subsection (b); but inspection of the
records and files is permitted by:
* * *
(6) The Department of [Public Welfare] Human Services
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for use in determining whether an individual named as the
perpetrator of an indicated report of child abuse should be
expunged from the Statewide database.
* * *
Section 4. Section 6311 of Title 42 is amended by adding
subsections to read:
§ 6311. Guardian ad litem for child in court proceedings.
* * *
(a.1) Conflict of interest.--Pursuant to the Pennsylvania
Rules of Juvenile Court Procedure, a guardian ad litem who comes
into possession of information that may result in a conflict
between the legal interests of the child and the best interest
of the child may file a motion with the court for the
appointment of separate persons as legal counsel and guardian ad
litem.
* * *
(c) Waiver of right.--A child may not waive the right to a
guardian ad litem under any circumstances.
Section 5. Sections 6321(a), 6322(a) and (c), 6323(a)(2),
6324, 6326(d)(4), 6327(a), (c.1), (e) and (f), 6331, 6334,
6335(a), (c) and (f), 6336(b), (c) and (e), 6336.1(b)(1) and (3)
introductory paragraph, 6337.1(a) and 6340(c), (d) and (e) of
Title 42 are amended to read:
§ 6321. Commencement of proceedings.
(a) General rule.--A proceeding under this chapter may be
commenced:
(1) By transfer of a case as provided in section 6322
(relating to transfer from criminal proceedings).
(2) By the court accepting jurisdiction as provided in
section 6362 (relating to disposition of resident child
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received from another state) or accepting supervision of a
child as provided in section 6364 (relating to supervision
under foreign order).
(2.1) By taking a child into custody in accordance with
the provisions of section 6324 (relating to taking into
custody).
(3) [In other cases by the filing of a petition as
provided in this chapter. The petition and all other
documents in the proceeding shall be entitled "In the
interest of............................, a minor," and shall
be captioned and docketed as provided by general rule.] In a
delinquency case, except as otherwise provided, by the
submission of a written allegation under the Pennsylvania
Rules of Juvenile Court Procedure.
(4) In a dependency case, as provided under the
Pennsylvania Rules of Juvenile Court Procedure.
* * *
§ 6322. Transfer from criminal proceedings.
(a) General rule.--Except as provided in 75 Pa.C.S. § 6303
(relating to rights and liabilities of minors) or in the event
the child is 15 years of age or older and charged with murder or
any of the offenses excluded by paragraph (2)(ii) or (iii) of
the definition of "delinquent act" in section 6302 (relating to
definitions) or has been found guilty in a criminal proceeding,
if it appears to the court in a criminal proceeding that the
defendant is a child, this chapter shall immediately become
applicable, and the court shall forthwith halt further criminal
proceedings, and, where appropriate, transfer the case to the
division or a judge of the court assigned to conduct juvenile
hearings, together with a copy of the accusatory pleading and
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other papers, documents, and transcripts of testimony relating
to the case. If it appears to the court in a criminal proceeding
charging murder by a child 15 years of age or older or any of
the offenses excluded by paragraph (2)(ii) or (iii) of the
definition of "delinquent act" in section 6302, that the
defendant is a child, the case may similarly be transferred and
the provisions of this chapter applied. In determining whether
to transfer a case charging murder by a child 15 years of age or
older or any of the offenses excluded from the definition of
"delinquent act" in section 6302, the child shall be required to
establish by a preponderance of the evidence that the transfer
will serve the public interest. In determining whether the child
has so established that the transfer will serve the public
interest, the court shall consider the factors contained in
section 6355(a)(4)(iii) (relating to transfer to criminal
proceedings).
* * *
(c) Expedited review of transfer orders.--The transfer order
shall be subject to the same expedited review applicable to
orders granting or denying release or modifying the conditions
of release prior to sentence, as provided in [Rule 1762 of] the
Pennsylvania Rules of Appellate Procedure.
* * *
§ 6323. Informal adjustment.
(a) General rule.--
* * *
(2) Similarly, the probation officer may in the case of
[a] an alleged delinquent child, or a dependent child where
the jurisdiction of the court is permitted under paragraph
(6) of the definition of "dependent child" in section 6302,
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refer the child and his parents to an agency for assisting in
the matter.
* * *
§ 6324. Taking into custody.
A child may be taken into custody:
(1) Pursuant to an order of the court under this
chapter. Prior to entering a protective custody order
removing a child from the home of the parent, guardian or
custodian, the court must determine that to allow the child
to remain in the home is contrary to the welfare of the
child.
(2) Pursuant to the laws of arrest.
[(3) By a law enforcement officer or duly authorized
officer of the court if there are reasonable grounds to
believe that the child is suffering from illness or injury or
is in imminent danger from his surroundings, and that his
removal is necessary.
(4) By a law enforcement officer or duly authorized
officer of the court if there are reasonable grounds to
believe that the child has run away from his parents,
guardian, or other custodian.
(5) By a law enforcement officer or duly authorized
officer of the court if there are reasonable grounds to
believe that the child has violated conditions of his
probation.]
(3) By a police officer or juvenile probation officer if
there are reasonable grounds to believe that the child:
(i) Is suffering from illness or injury or is in
imminent danger from his surroundings, and that his
removal is necessary.
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(ii) Has run away from his parents, guardian or
other custodian.
(iii) Has violated conditions of his probation.
§ 6326. Release or delivery to court.
* * *
(d) Conditions of detention.--Notwithstanding other
provisions of law, a child held in nonsecure custody in a
building or facility which houses an adult lockup may be so held
only under the following conditions:
* * *
(4) the child must be under continuous visual
supervision by a law enforcement officer or other facility
staff during the period of nonsecure custody and, wherever
possible, shall be separated by sight and sound from
incarcerated adults.
* * *
§ 6327. Place of detention.
(a) General rule.--A child alleged to be delinquent may be
detained only in:
(1) A licensed foster home or a home approved by the
court.
(2) A facility operated by a licensed child welfare
agency or one approved by the court.
(3) A detention home, camp, center or other facility for
delinquent children which is under the direction or
supervision of the court or other public authority or private
agency, and is approved by the Department of [Public Welfare]
Human Services.
(4) Any other suitable place or facility, designated or
operated by the court and approved by the Department of
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[Public Welfare] Human Services.
Under no circumstances shall a child be detained in any facility
with adults, or where the child is apt to be abused by other
children.
* * *
(c.1) Detention of child.--
(1) A child who is subject to criminal proceedings
having been charged with an act set forth under paragraph
(2)(i), (ii) or (iii) of the definition of "delinquent act"
in section 6302, who has not been released on bail and who
may seek or is seeking transfer to juvenile proceedings under
section 6322 (relating to transfer from criminal proceedings)
may be detained in a secure detention facility approved by
the Department of [Public Welfare] Human Services for the
detention of alleged and adjudicated delinquent children if
the attorney for the Commonwealth has consented to and the
court has ordered the detention.
(2) Secure detention ordered under this subsection shall
not affect a child's eligibility for or ability to post bail.
(3) For a child held in secure detention under this
subsection, the court shall order the immediate transfer of
the child to the county jail if any of the following apply:
(i) The court determines that the child is no longer
seeking transfer under section 6322.
(ii) The court denies the motion filed under section
6322.
(iii) The child attains 18 years of age. This
subparagraph does not apply if:
(A) the court has granted the motion filed under
section 6322; or
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(B) the child is otherwise under order of
commitment to the secure detention facility pursuant
to the jurisdiction of the court in a delinquency
matter.
* * *
(e) Detention of dependent child.--A child alleged to be
dependent may be detained or placed only in a Department of
[Public Welfare] Human Services approved shelter care facility
as stated in subsection (a)(1), (2) and (4), and shall not be
detained in a jail or other facility intended or used for the
detention of adults charged with criminal offenses, but may be
detained in the same shelter care facilities with alleged or
adjudicated delinquent children.
(f) Development of approved shelter care programs.--The
Department of [Public Welfare] Human Services shall develop or
assist in the development in each county of this Commonwealth
approved programs for the provision of shelter care for children
needing these services who have been taken into custody under
section 6324 (relating to taking into custody) and for children
referred to or under the jurisdiction of the court.
§ 6331. Release from detention or commencement of proceedings.
If a child is brought before the court or delivered to a
detention or shelter care facility designated by the court, the
intake or other authorized officer of the court shall
immediately make an investigation and release the child unless
it appears that his detention or shelter care is warranted or
required under section 6325 (relating to detention of child).
The release of the child shall not prevent the subsequent filing
of a petition as provided in this chapter. If he is not so
released, a petition shall be promptly made and presented to the
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court within 24 hours or the next court business day [of the
admission of the child to detention or shelter care] following
the detention hearing or shelter care hearing.
§ 6334. Petition.
(a) Contents of petition.--A petition, which shall be
verified and may be on information and belief, may be brought by
any person including a law enforcement officer. It shall set
forth plainly[:
(1) The facts which bring the child within the
jurisdiction of the court and this chapter, with a statement
that it is in the best interest of the child and the public
that the proceeding be brought and, if delinquency is
alleged, that the child is in need of treatment, supervision
or rehabilitation.
(2) The name, age, and residence address, if any, of the
child on whose behalf the petition is brought.
(3) The names and residence addresses, if known to the
petitioner, of the parents, guardian, or custodian of the
child and of the spouse, if any, of the child. If none of his
parents, guardian, or custodian resides or can be found
within this Commonwealth, or if their respective places of
residence address are unknown, the name of any known adult
relative residing within the county, or if there be none, the
known adult relative residing nearest to the location of the
court.
(4) If the child is in custody and, if so, the place of his
detention and the time he was taken into custody.] all
information required under the Pennsylvania Rules of Juvenile
Court Procedure.
(a.1) Who may file petition.--
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(1) A delinquency petition shall be filed by:
(i) A juvenile probation officer.
(ii) An attorney for the Commonwealth, if one has
been appointed by the district attorney for that purpose
under the Pennsylvania Rules of Juvenile Court Procedure.
(2) A dependency petition shall be filed by a county agency.
Any other person shall file an application with the court for
authorization to file a private petition.
(b) Aggravated circumstances in dependency proceedings.--
(1) An allegation that aggravated circumstances exist
may be brought:
(i) in a petition for dependency with regard to a
child who is alleged to be a dependent child; or
(ii) in a petition for a permanency hearing with
regard to a child who has been determined to be a
dependent child.
(2) The existence of aggravated circumstances may be
alleged by the county agency or the child's attorney. If the
county agency reasonably believes that aggravated
circumstances exist, it shall file the appropriate petition
as soon as possible but no later than 21 days from the
determination by the county agency that aggravated
circumstances exist.
(3) A petition for dependency or a permanency hearing
that alleges aggravated circumstances shall include a
statement of the facts the county agency or the child's
attorney intends to prove to support the allegation. A
criminal conviction shall not be required to allege the
existence of aggravated physical neglect or physical abuse
resulting in serious bodily injury or sexual violence
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committed by the parent.
§ 6335. Release or holding of hearing.
(a) General rule.--After the petition has been filed
alleging the child to be dependent or delinquent, the court
shall fix a time for hearing thereon, which, if the child is in
detention or shelter care shall not be later than ten days after
the filing of the petition. The child may be detained for an
additional ten days after the filing of a request to transfer to
criminal proceedings. Except as provided in subsection (f), if
the detention, shelter care or transfer hearing is not held
within [such] the allotted time, the child shall be immediately
released from detention or shelter care. A child may be detained
or kept in shelter care for an additional single period not to
exceed ten days where:
(1) the court determines at a hearing that:
(i) evidence material to the case is unavailable;
(ii) due diligence to obtain such evidence has been
exercised; and
(iii) there are reasonable grounds to believe that
such evidence will be available at a later date; and
(2) the court finds by clear and convincing evidence
that:
(i) the life of the child would be in danger;
(ii) the community would be exposed to a specific
danger; or
(iii) the child will abscond or be removed from the
jurisdiction of the court.
The court shall direct the issuance of a summons to the parents,
guardian, or other custodian, a guardian ad litem, and any other
persons as appear to the court to be proper or necessary
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[parties] to the proceeding, requiring them to appear before the
court at the time fixed to answer the allegations of the
petition. The summons shall also be directed to the child if he
is 14 or more years of age or is alleged to be a delinquent. A
copy of the petition shall accompany the summons, unless the
petition has already been served.
* * *
(c) Warrant of arrest.--[If it appears from affidavit filed
or from sworn testimony before the court that the conduct,
condition, or surroundings of the child are endangering his
health or welfare or those of others, or that he may abscond or
be removed from the jurisdiction of the court or will not be
brought before the court notwithstanding the service of the
summons, the] The court may issue a warrant of arrest pursuant
to the Pennsylvania Rules of Juvenile Court Procedure.
* * *
(f) Limitations on release.--The child shall not be released
from detention or shelter care under authority of subsection (a)
if the failure to hold a hearing within ten days after the
filing of the petition or the filing of the request for transfer
to criminal proceedings is the result of delay caused by the
child. Delay caused by the child shall include, but not be
limited to:
(1) Delay caused by the unavailability of the child or
his attorney.
(2) Delay caused by any continuance granted at the
request of the child or his attorney.
(3) Delay caused by the unavailability of a witness
resulting from conduct by or on behalf of the child.
At the conclusion of any court proceeding in which the scheduled
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hearing is not held, the court shall state on the record whether
the failure to hold the hearing resulted from delay caused by
the child. Where the court determines that failure to hold a
hearing is the result of delay caused by the child, the child
may continue to be held in detention or shelter care. However,
the additional period of detention shall not exceed ten days,
provided that such detention may be continued by the court for
successive ten-day intervals.
§ 6336. Conduct of hearings.
* * *
(b) Functions of district attorney.--The district attorney[,
upon request of the court,] shall present the evidence in
support of the petition and otherwise conduct the proceedings on
behalf of the Commonwealth.
(c) Record.--If requested by the party or ordered by the
court, the proceedings of the detention or shelter care hearing
shall be recorded by appropriate means. If not so recorded, full
minutes of the proceedings shall be kept by the court. All other
proceedings shall be recorded. Full minutes are not considered a
recording.
* * *
(e) Open proceedings.--The general public shall not be
excluded from any hearings under this chapter:
(1) Pursuant to a petition alleging delinquency where
the child was 14 years of age or older at the time of the
alleged conduct and the alleged conduct would be considered a
felony if committed by an adult.
(2) Pursuant to a petition alleging delinquency where
the child was 12 or 13 years of age [or older] at the time of
the alleged conduct and where the alleged conduct would have
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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
offenses in this paragraph.
Notwithstanding anything in this subsection, the proceedings
shall be closed upon and to the extent of any agreement between
the child and the attorney for the Commonwealth.
* * *
§ 6336.1. Notice and hearing.
* * *
(b) Permanency hearings.--
(1) Prior to a permanency hearing under section 6351(e)
(relating to disposition of dependent child), a child's
foster parent or parents, preadoptive parent or relative
providing care for the child may submit [to the court] a
report in regard to the child's adjustment, progress and
condition. The report shall be submitted to a designee of the
court appointed by the president judge or the president
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judge's designee, in accordance with the Pennsylvania Rules
of Juvenile Court Procedure, who shall file the report and
submit it to the judge, attorneys, parties and, if appointed,
a court-appointed special advocate.
* * *
(3) The Department of [Public Welfare] Human Services
shall develop a form for use by a foster parent or parents,
preadoptive parent or relative providing care for the child,
including, but not limited to, the following information:
* * *
§ 6337.1. Right to counsel for children in dependency and
delinquency proceedings.
(a) Children in dependency proceedings.--Legal counsel shall
be provided for a child who is alleged or has been found to be a
dependent child in accordance with the Pennsylvania Rules of
Juvenile Court Procedure. A child may not waive the right to a
guardian ad litem under any circumstances.
* * *
§ 6340. Consent decree.
* * *
(c) Duration of decree.--A consent decree shall remain in
force for no longer than six months unless [the child is
discharged sooner by probation services with the approval of the
court. Upon application of the probation services or other
agency supervising the child, made before expiration of the six-
month period, a consent decree may be extended by the court for
an additional six months.] modified upon motion pursuant to the
Pennsylvania Rules of Juvenile Court Procedure. Upon motion, the
court may discharge the juvenile at an earlier time or extend
the time period not to exceed an additional six months. If the
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district attorney objects to a modification of the consent
decree under this subsection, the court shall dismiss the
motion.
* * *
(d) Reinstatement of petition.--If, prior to [discharge by
the probation services or] expiration of the consent decree,
including a modification made under subsection (c), a new
petition is filed against the child, or the child otherwise
fails to fulfill express terms and conditions of the decree, the
petition under which the child was continued under supervision
may, in the discretion of the district attorney following
consultation with the probation services, be reinstated and the
child held accountable as if the consent decree had never been
entered.
(e) Effect of decree.--A child who [is discharged by the
probation services, or who] completes a period of supervision
without reinstatement of the original petition, shall not again
be proceeded against in any court for the same offense alleged
in the petition or an offense based upon the same conduct.
Section 6. Section 6341(a) and (b) of Title 42 are amended
and subsection (b.1) is amended by adding a paragraph to read:
§ 6341. Adjudication.
(a) General rule.--After hearing the evidence on the
petition the court shall make and file its findings as to
whether the child is a dependent child. If the petition alleges
that the child is delinquent, within seven days of hearing the
evidence on the petition, the court shall make and file its
findings whether the acts ascribed to the child were committed
by him. This time limitation may only be extended pursuant to
the agreement of the child and the attorney for the
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Commonwealth. The court's failure to comply with the time
limitations stated in this section shall not be grounds for
discharging the child or dismissing the proceeding. If the court
finds that the child is not a dependent child or that the
allegations of delinquency have not been established it shall
dismiss the petition and order the child discharged from any
detention or other restriction theretofore ordered in the
proceeding. [For] Subject to the Pennsylvania Rules of Juvenile
Court Procedure, cases involving allegations of delinquency
where fingerprints or photographs or both have been taken by a
law enforcement agency and where it is determined that acts
ascribed to the child were not committed by him, the court shall
direct that those records be immediately destroyed by law
enforcement agencies.
(b) Finding of delinquency.--If the court finds on proof
beyond a reasonable doubt that the child committed the acts by
reason of which he is alleged to be delinquent it shall enter
such finding on the record and shall specify the particular
offenses, including the grading and counts thereof which the
child is found to have committed. The court shall then proceed
immediately or at a postponed hearing, which shall occur not
later than 20 days after such finding if the child is in
detention or not more than 60 days after such finding if the
child is not in detention, to hear evidence as to whether the
child is in need of treatment, supervision or rehabilitation and
to make and file its findings thereon. This time limitation may
only be extended pursuant to the agreement of the child and the
attorney for the Commonwealth. The court's failure to comply
with the time limitations stated in this section shall not be
grounds for discharging the child or dismissing the proceeding.
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[In the absence of evidence to the contrary] Unless evidence is
produced to show that a child is not in need of treatment,
supervision or rehabilitation, evidence of the commission of
acts which constitute a felony shall be sufficient to sustain a
finding that the child is in need of treatment, supervision or
rehabilitation. If the court finds that the child is not in need
of treatment, supervision or rehabilitation it shall dismiss the
proceeding and discharge the child from any detention or other
restriction theretofore ordered.
(b.1) School notification.--
* * *
(1.1) In addition to the information provided in
paragraph (1), the juvenile probation office shall provide
notice of the following information:
(i) A statement informing the building principal or
the principal's designee that information received under
this section:
(A) Shall be maintained separately from the
juvenile's official school record.
(B) Is for the limited purposes of:
(I) Protecting school personnel and
students.
(II) Arranging for appropriate counseling
and education for the juvenile.
(C) May not be used for school disciplinary
decisions concerning the juvenile unless:
(I) The juvenile was under the supervision
of the school board of directors at the time of
the incident.
(II) The act or acts that were substantiated
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by the court took place on or within 1,500 feet
of the school property.
(III) The school has complied with all other
statutory, regulatory and constitutional
provisions relative to the imposition of school
discipline.
(D) Shall be shared with the juvenile's
teachers.
(ii) A statement informing the building principal or
the principal's designee of the requirements to:
(A) Maintain a log of all school district
employees or building principals or their designees
from other school districts to whom this information
was subsequently provided when a juvenile was
transferred to another school.
(B) Provide a copy of the notice as listed in
subparagraph (i) to the new school.
* * *
Section 7. Sections 6342(f), 6351(e)(3)(i), 6352(a), 6353,
6355(a)(4)(iv), (e) and (g), 6356 and 6358(e) of Title 42 are
amended to read:
§ 6342. Court-appointed special advocates.
* * *
(f) Standards.--The Juvenile Court Judges' Commission
established [under the act of December 21, 1959 (P.L.1962,
No.717), entitled "An act providing for the creation and
operation of the Juvenile Court Judges' Commission in the
Department of Justice; prescribing its powers and duties; and
making an appropriation,"] in Subchapter F (relating to Juvenile
Court Judges' Commission) shall develop standards governing the
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qualifications and training of court-appointed special
advocates.
§ 6351. Disposition of dependent child.
* * *
(e) Permanency hearings.--
* * *
(3) The court shall conduct permanency hearings as
follows:
(i) Within six months of:
(A) the date of the child's removal from the
child's parent, guardian or custodian for placement
under section 6324 (relating to taking into custody)
or 6332 or pursuant to a transfer of temporary legal
custody or other disposition under subsection (a)(2)
or the date of the order of disposition, whichever is
the earliest; or
(B) each previous permanency hearing until the
child is [returned to the child's parent, guardian or
custodian or] removed from the jurisdiction of the
court.
* * *
§ 6352. Disposition of delinquent child.
(a) General rule.--If the child is found to be a delinquent
child the court may make any of the following orders of
disposition determined to be consistent with the protection of
the public interest and best suited to the child's treatment,
supervision, rehabilitation and welfare, which disposition
shall, as appropriate to the individual circumstances of the
child's case, provide balanced attention to the protection of
the community, the imposition of accountability for offenses
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committed and the development of competencies to enable the
child to become a responsible and productive member of the
community:
(1) Any order authorized by section 6351 (relating to
disposition of dependent child).
(2) Placing the child on probation under supervision of
the probation officer of the court or the court of another
state as provided in section 6363 (relating to ordering
foreign supervision), under conditions and limitations the
court prescribes.
(3) Committing the child to an institution, youth
development center, camp, or other facility for delinquent
children operated under the direction or supervision of the
court or other public authority and approved by the
Department of [Public Welfare] Human Services.
(4) If the child is 12 years of age or older, committing
the child to an institution operated by the Department of
[Public Welfare] Human Services.
(5) Ordering payment by the child of reasonable amounts
of money as fines, costs, fees or restitution as deemed
appropriate as part of the plan of rehabilitation considering
the nature of the acts committed and the earning capacity of
the child, including a contribution to a restitution fund.
The president judge of the court of common pleas shall
establish a restitution fund for the deposit of all
contributions to the restitution fund which are received or
collected. The president judge of the court of common pleas
shall promulgate written guidelines for the administration of
the fund. Disbursements from the fund shall be made, subject
to the written guidelines and the limitations of this
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chapter, at the discretion of the president judge and used to
reimburse crime victims for financial losses resulting from
delinquent acts. For an order made under this subsection, the
court shall retain jurisdiction until there has been full
compliance with the order or until the delinquent child
attains 21 years of age. Any restitution order which remains
unpaid at the time the child attains 21 years of age shall
continue to be collectible under section 9728 (relating to
collection of restitution, reparation, fees, costs, fines and
penalties).
(6) An order of the terms of probation may include an
appropriate fine considering the nature of the act committed
or restitution not in excess of actual damages caused by the
child which shall be paid from the earnings of the child
received through participation in a constructive program of
service or education acceptable to the victim and the court
whereby, during the course of such service, the child shall
be paid not less than the minimum wage of this Commonwealth.
In ordering such service, the court shall take into
consideration the age, physical and mental capacity of the
child and the service shall be designed to impress upon the
child a sense of responsibility for the injuries caused to
the person or property of another. The order of the court
shall be limited in duration consistent with the limitations
in section 6353 (relating to dispositional review hearing,
limitation on commitment and change in place of commitment)
and in the act of [May 13, 1915 (P.L.286, No.177), known as
the Child Labor Law] October 24, 2012 (P.L.1209, No.151),
known as the Child Labor Act. The court order shall specify
the nature of the work, the number of hours to be spent
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performing the assigned tasks, and shall further specify that
as part of a plan of treatment and rehabilitation that up to
75% of the earnings of the child be used for restitution in
order to provide positive reinforcement for the work
performed.
In selecting from the alternatives set forth in this section,
the court shall follow the general principle that the
disposition imposed should provide the means through which the
provisions of this chapter are executed and enforced consistent
with section 6301(b) (relating to purposes) and when confinement
is necessary, the court shall impose the minimum amount of
confinement that is consistent with the protection of the public
and the rehabilitation needs of the child.
* * *
§ 6353. [Limitation on] Dispositional review hearing,
limitation on commitment and change in place of
commitment.
(a) [General rule.--No] Dispositional review hearing.--In
all cases, a dispositional review hearing shall be held at least
every six months.
(a.1) Limitation on initial commitment.--No delinquent child
shall initially be committed to an institution for a period
longer than four years or a period longer than he could have
been sentenced by the court if he had been convicted of the same
offense as an adult, whichever is less. The initial commitment
may be extended for a similar period of time, or modified, if
the court finds after hearing that the extension or modification
will effectuate the original purpose for which the order was
entered. The delinquent child shall have notice of the extension
or modification hearing and shall be given an opportunity to be
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heard. The committing court shall review each commitment at
least every six months [and shall hold a disposition review
hearing at least every nine months].
(b) Transfer to other institution.--After placement of the
child, and if his progress with the institution warrants it, the
institution may seek to transfer the child to a less secure
facility, including a group home or foster boarding home. The
institution shall give the committing court written notice of
all requests for transfer and shall give the attorney for the
Commonwealth written notice of a request for transfer from a
secure facility to another facility. If the court, or in the
case of a request to transfer from a secure facility, the
attorney for the Commonwealth, does not object to the request
for transfer within ten days after the receipt of such notice,
the transfer may be effectuated. If the court, or in the case of
a request to transfer from a secure facility, the attorney for
the Commonwealth, objects to the transfer, the court shall hold
a hearing within 20 days after objecting to the transfer for the
purpose of reviewing the commitment order. The institution shall
be notified of the scheduled hearing, at which hearing evidence
may be presented by any interested party on the issue of the
propriety of the transfer. If the institution seeks to transfer
to a more secure facility the child shall have a full hearing
before the committing court. At the hearing, the court may
reaffirm or modify its commitment order.
(c) Notice of available facilities and services.--
Immediately after the Commonwealth adopts its budget, the
Department of [Public Welfare] Human Services shall notify the
courts and the General Assembly, for each Department of [Public
Welfare] Human Services region, of the available:
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(1) Secure beds for the serious juvenile offenders.
(2) General residential beds for the adjudicated
delinquent child.
(3) The community-based programs for the adjudicated
delinquent child.
If the population at a particular institution or program exceeds
110% of capacity, the department shall notify the courts and the
General Assembly that intake to that institution or program is
temporarily closed and shall make available equivalent services
to children in equivalent facilities.
§ 6355. Transfer to criminal proceedings.
(a) General rule.--After a petition has been filed alleging
delinquency based on conduct which is designated a crime or
public offense under the laws, including local ordinances, of
this Commonwealth, the court before hearing the petition on its
merits may rule that this chapter is not applicable and that the
offense should be prosecuted, and transfer the offense, where
appropriate, to the division or a judge of the court assigned to
conduct criminal proceedings, for prosecution of the offense if
all of the following exist:
* * *
(4) The court finds:
* * *
(iv) that there are reasonable grounds to believe
that the child is not committable to an institution for
the [mentally retarded] intellectually disabled or
mentally ill.
* * *
(e) Murder and other excluded acts.--Where the petition
alleges conduct which if proven would constitute murder by a
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child 15 years of age or older, or any of the offenses excluded
by paragraph (2)(ii) or (iii) of the definition of "delinquent
act" in section 6302 (relating to definitions), the court shall
require the offense to be prosecuted under the criminal law and
procedures, except where the case has been transferred pursuant
to section 6322 (relating to transfer from criminal proceedings)
from the division or a judge of the court assigned to conduct
criminal proceedings.
* * *
(g) Burden of proof.--The burden of establishing by a
preponderance of evidence that the public interest is served by
the transfer of the case to criminal court [and that a child is
not amenable to treatment, supervision or rehabilitation as a
juvenile] shall rest with the Commonwealth unless the following
apply:
(1) (i) a deadly weapon as defined in 18 Pa.C.S. § 2301
(relating to definitions) was used and the child was 14
years of age at the time of the offense; [or]
(ii) the child was 15 years of age or older at the
time of the offense and was previously adjudicated
delinquent of a crime that would be considered a felony
if committed by an adult; [and] or
(iii) the child was 14 years of age or older at the
time of the offense and is charged with murder; and
(2) there is a prima facie case that the child committed
a delinquent act which, if committed by an adult, would be
classified as murder, rape, involuntary deviate sexual
intercourse, aggravated assault as defined in 18 Pa.C.S. §
2702(a)(1) or (2) (relating to aggravated assault), robbery
as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii)
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(relating to robbery), robbery of motor vehicle, aggravated
indecent assault, kidnapping, voluntary manslaughter, an
attempt, conspiracy or solicitation to commit any of these
crimes or an attempt to commit murder as specified in
paragraph (2)(ii) of the definition of "delinquent act" in
section 6302.
If [either of] the preceding criteria are met, the burden of
establishing by a preponderance of the evidence that retaining
the case under this chapter serves the public interest [and that
the child is amenable to treatment, supervision or
rehabilitation as a juvenile] shall rest with the child.
§ 6356. Disposition of mentally ill or [mentally retarded]
intellectually disabled child.
If, at a dispositional hearing of a child found to be a
delinquent or at any hearing, the evidence indicates that the
child may be subject to commitment or detention under the
provisions of the act of October 20, 1966 (3rd Sp.Sess., P.L.96,
No.6), known as the "Mental Health and [Mental Retardation]
Intellectual Disability Act of 1966," or the act of July 9, 1976
(P.L.817, No.143), known as the "Mental Health Procedures Act,"
the court shall proceed under the provisions of the appropriate
statute.
§ 6358. Assessment of delinquent children by the State Sexual
Offenders Assessment Board.
* * *
(e) Dispositional review hearing.--Where the board has
concluded that the child is in need of involuntary treatment
pursuant to the provisions of Chapter 64 (relating to court-
ordered involuntary treatment of certain sexually violent
persons), the court shall conduct a hearing at which the county
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solicitor or a designee, the probation officer and the child's
attorney are present. The court shall consider the assessment,
treatment information and any other relevant information
regarding the delinquent child at the dispositional review
hearing pursuant to section 6353 (relating to dispositional
review hearing, limitation on commitment and change in place of
commitment), which shall be held no later than 180 days before
the 21st birthday of the child. Where the submission of the
report was delayed pursuant to subsection (c), the dispositional
review hearing shall be held no later than 90 days before the
21st birthday of the child.
* * *
Section 8. Title 42 is amended by adding a section to read:
§ 6366. Role of interstate compacts.
In a disposition under this subchapter, any conflict between
the provisions of this subchapter and the following interstate
compacts shall be resolved in favor of the interpretation set
forth in the compact:
(1) T he Interstate Compact on the Placement of Children
under s ection 761 of the act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code.
(2) The act of July 2, 2004 (P.L.468, No.54), known as
the Interstate Compact for Juveniles Act.
(3) To the extent it relates to minors, 61 Pa.C.S. Ch.
71 Subch. B (relating to interstate compact for the
supervision of adult offenders).
Section 9. This act shall take effect in 60 days.
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