SENATE AMENDED
PRIOR PRINTER'S NOS. 1, 1038, 1134, PRINTER'S NO. 1732
1237, 1533
No. 1 Session of 1977
INTRODUCED BY MESSRS. RHODES, SCIRICA, IRVIS, BERSON, MILLER,
W. D. HUTCHINSON, FLAHERTY, WILLIAMS, WHITE, RICHARDSON AND
COHEN, JANUARY 4, 1977
SENATOR O'PAKE, AGING AND YOUTH, IN SENATE, AS AMENDED,
JULY 6, 1977
AN ACT
1 Amending the act of December 6, 1972 (P.L.1464, No.333),
2 entitled "An act relating to the care, guidance, control,
3 trial, placement and commitment of delinquent and deprived
4 children," further defining "child," "delinquent act," and
5 "deprived child," further defining certain words, changing
6 certain references from "deprived" to "dependent," further
7 providing for informal adjustment and consent decrees,
8 further regulating detention and shelter care and imposing
9 certain duties on counties and the Department of Public
10 Welfare, further providing for transfers, making related
11 changes and making certain repeals and providing an
12 appropriation.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Clauses (1), (2), (3), (4) and (6) of section 2,
16 section 3, subsection (a) of section 4, subsection (a) of
17 section 8, subsection (c) of section 8.1, sections 9, 14 and
18 14.1, subsections (a) and (b) of section 15, subsection (a) of
19 section 18, subsection (a) of section 22, subsections (a), (b)
20 and (c) of section 23, sections 24, 25 and 26, subsection (a) of
21 section 27, clause (4) of subsection (a) of section 28, and
1 sections 31 and 32, act of December 6, 1972 (P.L.1464, No.333),
2 known as the "Juvenile Act," are amended or added to read:
3 Section 2. Definitions.--As used in this act:
4 (1) "Child" means an individual who is: (i) under the age of
5 eighteen years; or (ii) under the age of twenty-one years who
6 committed an act of delinquency before reaching the age of
7 eighteen years; or who was adjudicated dependent before reaching
8 the age of eighteen years and who, while engaged in a course of
9 instruction or treatment, requests the court to retain
10 jurisdiction until the course has been completed, but in no
11 event shall a child remain in a course of instruction or
12 treatment past the age of twenty-one years.
13 (2) "Delinquent act" [means: (i)] means an act designated a
14 crime under the law of this State, or of another state if the
15 act occurred in that state, or under Federal law, or under local
16 ordinances[; or (ii) a specific act or acts of habitual
17 disobedience of the reasonable and lawful commands of his
18 parent, guardian, or other custodian committed by a child who is
19 ungovernable]. "Delinquent act" shall not include the crime of
20 murder nor shall it include summary offenses unless the child
21 fails to pay a fine levied thereunder, in which event notice of
22 such fact shall be certified to the court. No child shall be
23 detained, committed or sentenced to imprisonment by a district
24 magistrate, municipal court judge, or traffic court judge.
25 (3) "Delinquent child" means a child ten years of age or
26 older whom the court has found to have committed a delinquent
27 act and is in need of treatment, supervision or rehabilitation.
28 (4) ["Deprived] "Dependent child" means a child who: (i) is
29 without proper parental care or control, subsistence, education
30 as required by law, or other care or control necessary for his
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1 physical, mental, or emotional health, or morals; or (ii) has
2 been placed for care or adoption in violation of law; or (iii)
3 has been abandoned by his parents, guardian, or other custodian;
4 or (iv) is without a parent, guardian, or legal custodian able
5 to provide protection, supervision or care for him; or (v) while
6 subject to compulsory school attendance is habitually and
7 without justification truant from school; (vi) has committed a
8 specific act or acts of habitual disobedience of the reasonable
9 and lawful commands of his parent, guardian or other custodian
10 committed by a child AND who is ungovernable and found to be in <--
11 need of care treatment or supervision; (vii) is under the age of
12 ten years and has committed a delinquent act; or (viii) has been
13 formerly adjudicated dependent, and is under the jurisdiction of
14 the court, subject to its conditions or placements; or a child
15 who has been referred pursuant to section 8, and who commits an
16 act which is defined as ungovernable in section 2(4)(vi).
17 * * *
18 (6) "Protective supervision" means supervision ordered by
19 the court of children found to be [deprived] dependent.
20 * * *
21 Section 3. Jurisdiction.--This act shall apply exclusively
22 to the following:
23 (1) Proceedings in which a child is alleged to be delinquent
24 or [deprived] dependent.
25 (2) Proceedings arising under sections 32 through 35.
26 (3) Transfers arising under section 7.
27 (4) Proceedings under the "Interstate Compact on Juveniles,"
28 section 731, act of June 13, 1967 (P.L.31, No.21), known as the
29 "Public Welfare Code."
30 Section 4. Powers and Duties of Probation Officers.--(a)
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1 For the purpose of carrying out the objectives and purposes of
2 this act, and subject to the limitations of this act or imposed
3 by the court, a probation officer shall:
4 (1) Make investigations, reports, and recommendations to the
5 court.
6 (2) Receive and examine complaints and charges of
7 delinquency or [deprivation] dependency of a child for the
8 purpose of considering the commencement of proceedings under
9 this act.
10 (3) Supervise and assist a child placed on probation or in
11 his protective supervision or care by order of the court or
12 other authority of law.
13 (4) Make appropriate referrals to other private or public
14 agencies of the community if their assistance appears to be
15 needed or desirable.
16 (5) Take into custody and detain a child who is under his
17 supervision or care as a delinquent or [deprived] dependent
18 child if the probation officer has reasonable cause to believe
19 that the child's health or safety is in imminent danger, or that
20 he may abscond or be removed from the jurisdiction of the court,
21 or when ordered by the court pursuant to this act or that he
22 violated the conditions of his probation.
23 (6) Perform all other functions designated by this act or by
24 order of the court pursuant [thereto] THEREOF EXCEPT THOSE THAT <--
25 ARE THE RESPONSIBILITY OF THE PUBLIC CHILD WELFARE AGENCY.
26 * * *
27 Section 8. Informal Adjustment.--(a) Before a petition is
28 filed, the probation officer or other officer of the court
29 designated by it, subject to its direction, shall, in the case
30 of a [deprived] dependent child [or in the case of a delinquent
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1 child to be charged under section 2(2) (ii), and may, in the
2 case of a delinquent child to be charged under section 2(2) (i)
3 of this act, where commitment is clearly not appropriate] where
4 the court's jurisdiction is premised upon the provisions of
5 section 2(4)(i),(ii),(iii),(iv),(v) or (vii) and if otherwise
6 appropriate, refer the child and his parents to any public or
7 private social agency available for assisting in the matter.
8 Upon referral, the agency shall indicate its willingness to
9 accept the child and shall report back to the referring officer
10 within three months concerning the status of the referral.
11 Similarly, the probation officer may in the case of a delinquent
12 child, or AND SHALL IN THE CASE OF a dependent child where the <--
13 court's jurisdiction is permitted in section 2(4)(vi) refer the
14 child and his parents to an agency for assisting in the matter.
15 The agency may return the referral to the probation officer or
16 other officer for further informal adjustment if it is in the
17 best interests of the child.
18 * * *
19 Section 8.1. Consent Decree.--* * *
20 (c) A consent decree shall remain in force for six months
21 unless the child is discharged sooner by probation services with
22 the approval of the court. Upon application of probation
23 services or other agency supervising the child, made before
24 expiration of the six-month period, a consent decree may be
25 extended by the court for an additional six months.
26 * * *
27 Section 9. Venue.--A proceeding under this act may be
28 commenced (i) in the county in which the child resides, or (ii)
29 if delinquency is alleged, in the county in which the acts
30 constituting the alleged delinquency occurred, or (iii) if
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1 [deprivation] dependency is alleged, in the county in which the
2 child is present when it is commenced.
3 Section 14. Place of Detention.--(a) A child alleged to be
4 delinquent may be detained only in:
5 (1) A licensed foster home or a home approved by the court;
6 (2) A facility operated by a licensed child welfare agency
7 or one approved by the court;
8 (3) A detention home, camp, center or other facility for
9 delinquent children which is under the direction or supervision
10 of the court or other public authority or private agency, and is
11 approved by the Department of Public Welfare; or
12 (4) Any other suitable place or facility, designated or
13 operated by the court and approved by the Department of Public
14 Welfare. Under no circumstances shall a child be detained,
15 [placed, or committed] in any facility with adults, or where he
16 or she is apt to be abused by other children [unless there is no
17 appropriate facility available, in which case the child shall be
18 kept separate and apart from such adults at all times and shall
19 be detained, placed, or committed under such circumstances for
20 not more than five days]. Until two years after the effective
21 date of this amendatory act a child may be detained in a
22 facility with adults if there is no appropriate AND SUFFICIENT <--
23 facility available within a reasonable distance or a contiguous
24 county, whichever is nearer, for the detention of the child in
25 which case the child shall be kept separate and apart from such
26 adults at all times and shall be detained under such
27 circumstances for not more than five days.
28 (b) The official in charge of a jail or other facility for
29 the detention of adult offenders or persons charged with crime
30 shall inform the court immediately if a person who is or appears
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1 to be under the age of eighteen years is received at the
2 facility and shall bring him before the court upon request or
3 deliver him to a detention or shelter care facility designated
4 by the court.
5 (b.1) Two years after the effective date of this amendatory
6 act, it shall be unlawful for any person in charge of or
7 employed by a jail knowingly to receive for detention or to
8 detain in such jail any person whom he has or should have reason
9 to believe is a child. Until such time, a jail may be used for
10 the detention of a child who is alleged to be delinquent only if
11 such detention is necessary for the safety of the public and if
12 such jail has been approved for the detention of such child by
13 the Department of Public Welfare IN GOOD FAITH and such <--
14 detention has been ordered by the court. The Department of
15 Public Welfare shall approve for use for purposes of and in
16 accordance with the provisions of this section any jail which it
17 finds maintains, for the detention of any such child, an
18 appropriate room under adequate supervision: Provided, That the
19 Department of Public Welfare shall, no later than sixty days
20 after the effective date of the act, by regulation promulgate
21 standards governing the operations of such provisions of such
22 jails as are used for the detention of children pursuant to this
23 section and shall cause such jails to be inspected by the
24 Department of Public Welfare at least once every six months
25 until this confinement is terminated in accordance with
26 provisions in this act. Under no circumstances shall it be
27 lawful for any court to detain a child, or a person believed to
28 be a child, in any jail if the county operates a juvenile
29 detention center approved by the Department of Public Welfare.
30 (c) If a case is transferred for criminal prosecution the
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1 child may be transferred to the appropriate officer or detention
2 facility in accordance with the law governing the detention of
3 persons charged with crime. The court in making the transfer may
4 order continued detention as a juvenile pending trial if the
5 child is unable to provide bail.
6 (d) A child alleged to be [deprived] dependent may be
7 detained or placed [in shelter care only in the facilities] only
8 in a DEPARTMENT OF PUBLIC WELFARE APPROVED shelter care facility <--
9 as stated in clauses (1), (2) and (4) of subsection (a), and
10 shall not be detained in a jail or other facility intended or
11 used for the detention of adults charged with criminal offenses
12 [or of children alleged to be delinquent], but may be detained
13 in the same shelter care facilities with alleged delinquent
14 children.
15 (e) The Department of Public Welfare shall develop or assist
16 in the development in each county of the Commonwealth approved
17 programs for the provision of shelter care for children referred
18 to or under the jurisdiction of the court.
19 (f) (1) Each county, acting alone or in conjunction with
20 other counties as provided in section 14.1, shall submit to the
21 Department of Public Welfare for approval a plan for the removal
22 of children from adult facilities. Such plan shall be submitted
23 within one year of the effective date of this amendatory act. If
24 no such plan is submitted or accepted by the department within
25 the allocated period, the department, after determining the
26 detention needs of individual counties, shall thereafter take
27 whatever steps it deems necessary to provide the required
28 detention services for any such county or counties; including
29 the construction of a regional detention facility to meet the
30 needs of the counties insofar as is consistent with prohibitions
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1 against the use of adult facilities for juvenile offenders as
2 herein provided. The department, after exhausting all other
3 available funds including law enforcement assistance
4 administration funds and any other Federal or State funds
5 available for such purpose, shall charge the cost of
6 establishing the necessary regional detention facilities to the
7 counties that will utilize its services.
8 (2) The amount due the Commonwealth for the services or
9 facilities provided pursuant to clause (1) shall be paid by the
10 county within fifteen months after receipt of notice of the
11 amount due. In determining the amount which each county shall be
12 charged for the establishment of a regional detention facility,
13 the department shall take into account the extent to which the
14 participating counties shall utilize the facilities.
15 (3) Except as provided in clause (4), the charges made by
16 the department against any county pursuant to this subsection
17 shall not exceed $50,000.
18 (4) In addition to the charges authorized for the providing
19 of regional detention facilities and notwithstanding the
20 limitations on such charges set forth in clause (3), the
21 Commonwealth shall be entitled to an additional amount for
22 providing such facilities equivalent to seven percent of the
23 costs imposed on the county.
24 (5) All sums collected from the counties pursuant to this
25 subsection shall be paid into the General Fund and credited to
26 the Department of Public Welfare.
27 Section 14.1. Regional Detention Facilities.--(a) Where the
28 operation of an approved detention facility by a single county
29 would not be feasible, economical or conducive to the best
30 interest of a child needing detention care, the Department of
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1 Public Welfare shall:
2 (1) Make provisions directly or by contract with a single
3 county for the implementation and operation, in accordance with
4 the regulations promulgated by the Department of Public Welfare
5 of regional detention facilities serving the needs of two or
6 more counties.
7 (2) Arrive at mutually agreeable arrangements with counties
8 participating in the use of such regional detention facilities
9 for the equitable sharing in the costs of constructing and
10 operating such regional detention facilities, including
11 necessary expenditures to transport children and, WHERE <--
12 NECESSARY, their parents, guardians, or custodians to and from
13 such regional detention facilities with funds contributed by the
14 State and by such counties.
15 (b) The Department of General Services shall make available
16 any vacant Commonwealth building which the Department of Public
17 Welfare certifies as appropriate for renovation as a regional
18 detention facility.
19 Section 15. Release from Detention or Shelter Care; Hearing;
20 Conditions of Release.--(a) If a child is brought before the
21 court or delivered to a detention or shelter care facility
22 designated by the court, the intake or other authorized officer
23 of the court shall immediately make an investigation and release
24 the child unless it appears that his detention or shelter care
25 is warranted or required under section 12. The release of the
26 child shall not prevent the subsequent filing of a petition as
27 provided in this act. If he is not so released, a petition shall
28 be promptly made and presented to the court within twenty-four
29 hours or the next COURT business day of the child's admission to <--
30 detention or shelter care.
19770H0001B1732 - 10 -
1 (b) An informal [detention] hearing shall be held promptly
2 by the court or the master and not later than seventy-two hours
3 after [he] the child is placed in detention or shelter care to
4 determine whether his detention or shelter care is required
5 under section 12 and if the child is alleged to be delinquent,
6 that probable cause exists, that the child has committed a
7 delinquent act. Reasonable notice thereof, either oral or
8 written, stating the time, place, and purpose of the [detention]
9 hearing shall be given to the child and if they can be found, to
10 his parents, guardian, or other custodian. Prior to the
11 commencement of the hearing the court or master shall inform the
12 parties of their right to counsel and to appointed counsel if
13 they are needy persons, and of the child's right to remain
14 silent with respect to any allegations of delinquency.
15 * * *
16 Section 18. Summons.--(a) After the petition has been filed
17 the court shall fix a time for hearing thereon, which, if the
18 child is in detention OR SHELTER CARE shall not be later than <--
19 ten days after the filing of the petition. If the hearing is not
20 held within such time, the child shall be immediately released
21 from detention OR SHELTER CARE. A child may be detained OR KEPT <--
22 IN SHELTER CARE for an additional single period not to exceed
23 ten days where the court determines at a hearing that evidence
24 material to the case is unavailable and due diligence to obtain
25 such evidence has been exercised and there are reasonable
26 grounds to believe that such evidence will be available at a
27 later date and the court finds by clear and convincing evidence
28 that the child's life would be in danger, the community would be
29 exposed to a specific danger or that the child will abscond or
30 be removed from the jurisdiction of the court. The court shall
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1 direct the issuance of a summons to the parents, guardian, or
2 other custodian, a guardian ad litem, and any other persons as
3 appear to the court to be proper or necessary parties to the
4 proceeding, requiring them to appear before the court at the
5 time fixed to answer the allegations of the petition. The
6 summons shall also be directed to the child if he is fourteen or
7 more years of age or is alleged to be a delinquent. A copy of
8 the petition shall accompany the summons.
9 * * *
10 Section 22. Investigation and Report.--(a) If the
11 allegations of a petition are admitted by a party or notice of
12 hearing under section 28 has been given, the court, prior to the
13 hearing on need for treatment or disposition, may direct that a
14 social study and report in writing to the court be made by an
15 officer of the court or other person designated by the court,
16 concerning the child, his family, his environment, and other
17 matters relevant to disposition of the case. If the allegations
18 of the petition are not admitted and notice of a hearing under
19 section 28 has not been given, the court shall not direct the
20 making of the study and report until after the court has heard
21 the petition upon notice of hearing given pursuant to this act
22 and the court has found that the child committed a delinquent
23 act or is a [deprived] dependent child.
24 * * *
25 Section 23. Hearing; Findings; Dismissal.--(a) After
26 hearing the evidence on the petition the court shall make and
27 file its findings as to whether the child is a [deprived]
28 dependent child, or if the petition alleges that the child is
29 delinquent, whether the acts ascribed to the child were
30 committed by him. If the court finds that the child is not a
19770H0001B1732 - 12 -
1 [deprived] dependent child or that the allegations of
2 delinquency have not been established it shall dismiss the
3 petition and order the child discharged from any detention or
4 other restriction theretofore ordered in the proceeding.
5 (b) If the court finds on proof beyond a reasonable doubt
6 that the child committed the acts by reason of which he is
7 alleged to be delinquent it shall enter such finding on the
8 record and it shall then proceed immediately or at a postponed
9 hearing, which shall occur not later than twenty days after
10 adjudication if the child is in detention, to hear evidence as
11 to whether the child is in need of treatment, supervision or
12 rehabilitation and to make and file its findings thereon. In the
13 absence of evidence to the contrary, evidence of the commission
14 of acts which constitute a felony shall be sufficient to sustain
15 a finding that the child is in need of treatment, supervision or
16 rehabilitation. If the court finds that the child is not in need
17 of treatment, supervision or rehabilitation it shall dismiss the
18 proceeding and discharge the child from any detention or other
19 restriction theretofore ordered.
20 (c) If the court finds from clear and convincing evidence
21 that the child is [deprived] dependent, the court shall proceed
22 immediately or at a postponed hearing, which shall occur not
23 later than twenty days after adjudication if the child has been
24 removed from his home, to make a proper disposition of the case.
25 * * *
26 Section 24. Disposition of [Deprived] Dependent Child.--(a)
27 If the child is found to be a [deprived] dependent child the
28 court may make any of the following orders of disposition best
29 suited to the protection and physical, mental, and moral welfare
30 of the child:
19770H0001B1732 - 13 -
1 (1) Permit the child to remain with his parents, guardian,
2 or other custodian, subject to conditions and limitations as the
3 court prescribes, including supervision as directed by the court
4 for the protection of the child.
5 (2) Subject to conditions and limitations as the court
6 prescribes transfer temporary legal custody to any of the
7 following: (i) any individual in or outside Pennsylvania who,
8 after study by the probation officer or other person or agency
9 designated by the court, is found by the court to be qualified
10 to receive and care for the child; (ii) an agency or other
11 private organization licensed or otherwise authorized by law to
12 receive and provide care for the child or (iii) a public agency
13 authorized by law to receive and provide care for the child.
14 (3) Without making any of the foregoing orders transfer
15 custody of the child to the juvenile court of another state if
16 authorized by and in accordance with section 32.
17 (b) Unless a child found to be [deprived] dependent is found
18 also to be delinquent he shall not be committed to or confined
19 in an institution or other facility designed or operated for the
20 benefit of delinquent children.
21 (c) Every county of the Commonwealth shall develop programs
22 for children referred to the court under section 2(4)(v) or
23 (vi). COUNTIES, THROUGH THEIR PUBLIC CHILD WELFARE PROGRAMS, <--
24 SHALL PROVIDE SERVICES FOR CHILDREN REFERRED TO IN SECTION
25 2(4)(I), (II), (III), (IV), (VII) AND (VIII) AND FOR CHILDREN IN
26 SECTION 2(4)(V) AND (VI).
27 Section 25. Disposition of Delinquent Child.--If the child
28 is found to be a delinquent child the court may make any of the
29 following orders of disposition best suited to his treatment,
30 supervision, rehabilitation, and welfare:
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1 (1) Any order authorized by section 24 for the disposition
2 of a [deprived] dependent child.
3 (2) Placing the child on probation under supervision of the
4 probation officer of the court or the court of another state as
5 provided in section 34, under conditions and limitations the
6 court prescribes.
7 (3) Committing the child to an institution, youth
8 development center, camp, or other facility for delinquent
9 children operated under the direction or supervision of the
10 court or other public authority and approved by the Department
11 of Public Welfare.
12 (4) [Committing] If the child is twelve years of age or
13 older, committing the child to an institution operated by the
14 Department of Public Welfare [or special facility for children <--
15 operated by the Department of Justice]. In selecting from the <--
16 alternatives set forth in this section, the court shall follow
17 the general principal that the disposition imposed should
18 provide the means through which the provisions of this act are
19 executed and enforced consistent with section 1 and when
20 confinement is necessary, the court shall impose the minimum
21 amount of confinement that is consistent with the protection of
22 the public and the rehabilitation needs of the child.
23 (5) Ordering payment by the child of reasonable AMOUNT FOR <--
24 RESTITUTION, OF REASONABLE amounts of money as restitution as TO <--
25 THE USE OF THE COUNTY, AND PAYMENT OF COSTS, AS MAY BE deemed
26 appropriate as part of the plan of rehabilitation considering
27 the nature of the acts committed and the , THE AGE AND earning <--
28 capacity of the child.
29 (6) ORDERING PERFORMANCE OF SERVICES FOR CIVIC OR CHARITABLE <--
30 NONPROFIT ORGANIZATIONS OR POLITICAL SUBDIVISIONS OR OTHER
19770H0001B1732 - 15 -
1 SUITABLE PUBLIC SERVICE WORK AS MAY BE DEEMED APPROPRIATE AS
2 PART OF THE PLAN OF REHABILITATION CONSIDERING THE NATURE OF THE
3 ACTS COMMITTED, THE AGE AND PHYSICAL AND MENTAL CAPACITY OF THE
4 CHILD.
5 Section 26. Limitation on Length of Commitment.--(a) No
6 child shall initially be committed to an institution for a
7 period longer than three years or a period longer than he could
8 have been sentenced by the court if he had been convicted of the
9 same offense as an adult, whichever is less. The initial
10 commitment may be extended for a similar period of time, or
11 modified, if the court finds after hearing that the extension or
12 modification will effectuate the original purpose for which the
13 order was entered. The child shall have notice of the extension
14 or modification hearing and shall be given an opportunity to be
15 heard. The committing court shall review each commitment every
16 six months and shall hold a disposition review hearing at least
17 every [twelve] nine months.
18 (b) Three months after AFTER THE placement of the child, and <--
19 if his progress with the institution warrants it, the
20 institution may seek to transfer said child to a less secure
21 facility, including a group home or foster boarding home. The
22 institution shall give the committing court written notice of
23 such transfer. If the court does not object to such transfer
24 within ten days after receipt of the notice, such transfer may
25 be effectuated. If the court objects to such transfer, it shall
26 hold a hearing within twenty days after objecting to the
27 transfer for the purpose of reviewing its commitment order. If
28 the institution seeks to transfer to a more secure facility the
29 child must have a full hearing before the committing court. At
30 the hearing, the court may reaffirm or modify its commitment
19770H0001B1732 - 16 -
1 order.
2 Section 27. Order of Adjudication; Noncriminal.--(a) An
3 order of disposition or other adjudication in a proceeding under
4 this act is not a conviction of crime and does not impose any
5 civil disability ordinarily resulting from a conviction or
6 operate to disqualify the child in any civil service application
7 or appointment. A child shall not be committed or transferred to
8 a penal institution or other facility used primarily for the
9 execution of sentences of adults convicted of a crime [unless
10 there is no other appropriate facility available, in which case
11 the child shall be kept separate and apart from such adults at
12 all times].
13 * * *
14 Section 28. Transfer.--(a) After a petition has been filed
15 alleging delinquency based on conduct which is designated a
16 crime or public offense under the laws, including local
17 ordinances, of this State, the court before hearing the petition
18 on its merits may rule that this act is not applicable and that
19 the offense should be prosecuted, and transfer the offense,
20 where appropriate, to the trial or criminal division or to a
21 judge of the court assigned to conduct criminal proceedings, for
22 prosecution of the offense if:
23 * * *
24 (4) The court finds that there is a prima facie case that
25 the child committed the delinquent act alleged, and that the
26 delinquent act would be considered a felony if committed by an
27 adult, and the court finds that there are reasonable grounds to
28 believe that: (i) the child is not amenable to treatment,
29 supervision or rehabilitation as a juvenile through available
30 facilities, in determining this the court may consider age,
19770H0001B1732 - 17 -
1 mental capacity, maturity, previous record and probation or
2 institutional reports; and (ii) the child is not committable to
3 an institution for the mentally retarded or mentally ill, and
4 (iii) the interests of the community require that the child be
5 placed under legal restraint or discipline or that the offense
6 is one which would carry a sentence of more than three years if
7 committed as an adult.
8 * * *
9 Section 31. Disposition of Nonresident Child.--(a) If the
10 court finds that a child who has been adjudged to have committed
11 a delinquent act or to be [deprived] dependent is or is about to
12 become a resident of another state which has adopted the Uniform
13 Juvenile Court Act, or a substantially similar act which
14 includes provisions corresponding to this section and section 32
15 hereof, the court may defer hearing on need of treatment and
16 disposition and request by any appropriate means the appropriate
17 court of the county of the child's residence or prospective
18 residence to accept jurisdiction of the child.
19 (b) If the child becomes a resident of another state while
20 on probation or under protective supervision under order of a
21 court of this State, the court may request the court of the
22 state in which the child has become a resident to accept
23 jurisdiction of the child and to continue his probation or
24 protective supervision.
25 (c) Upon receipt and filing of an acceptance the court of
26 this State shall transfer custody of the child to the accepting
27 court and cause him to be delivered to the person designated by
28 that court to receive his custody. It also shall provide that
29 court with certified copies of the order adjudging the child to
30 be a delinquent, or [deprived] dependent child, of the order of
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1 transfer, and if the child is on probation or under protective
2 supervision under order of the court, of the order of
3 disposition. It also shall provide that court with a statement
4 of the facts found by the court of this State and any
5 recommendations and other information or documents it considers
6 of assistance to the accepting court in making a disposition of
7 the case or in supervising the child on probation or otherwise.
8 (d) Upon compliance with subsection (c) the jurisdiction of
9 the court of this State over the child is terminated.
10 Section 32. Disposition of Resident Child Received from
11 Another State.--(a) If a juvenile court of another state which
12 has adopted the Uniform Juvenile Court Act, or a substantially
13 similar act which includes provisions corresponding to section
14 31 and this section, requests a court of this State to accept
15 jurisdiction of a child found by the requesting court to have
16 committed a delinquent act or to be an unruly or [deprived]
17 dependent child, and the court of this State finds, after
18 investigation that the child is, or is about to become, a
19 resident of the county in which the court presides, it shall
20 promptly and not later than fourteen days after receiving the
21 request issue its acceptance in writing to the requesting court
22 and direct its probation officer or other person designated by
23 it to take physical custody of the child from the requesting
24 court and bring him before the court of this State or make other
25 appropriate provisions for his appearance before the court.
26 (b) Upon the filing of certified copies of the orders of the
27 requesting court (i) determining that the child committed a
28 delinquent act or an unruly or [deprived] dependent child, and
29 (ii) committing the child to the jurisdiction of the court of
30 this State, the court of this State shall immediately fix a time
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1 for a hearing on the need for treatment, supervision or
2 rehabilitation and disposition of the child or on the
3 continuance of any probation or protective supervision.
4 (c) The hearing and notice thereof and all subsequent
5 proceedings are governed by this act. The court may make any
6 order of disposition permitted by the facts and this act. The
7 orders of the requesting court are conclusive that the child
8 committed the delinquent act or is an unruly or [deprived]
9 dependent child and of the facts found by the court in making
10 the orders. If the requesting court has made an order placing
11 the child on probation or under protective supervision, a like
12 order shall be entered by the court of this State.
13 Section 2. Subsection (b) of section 343, act of June 13,
14 1967 (P.L.31, No.21), known as the "Public Welfare Code," is
15 repealed.
16 Section 3. The sum of $1,500,000, or as much thereof as may
17 be necessary, is hereby appropriated to the Department of Public
18 Welfare to be used by the department to implement the provisions
19 of section 14 and to provide grants to counties for the same
20 purpose. Excluding probation services, no county shall be
21 required to pay more than ten percent of the costs of operating
22 new shelter care programs required to implement the
23 reclassification provided for in section 2(4)(vi), provided that
24 the county:
25 (1) Has applied for existing Federal funds to implement
26 section 2(4)(vi);
27 (2) The county has not been deemed ineligible for these
28 Federal funds; and
29 (3) The programs are approved as necessary by the Department
30 of Public Welfare to implement section 2(4)(vi). For the
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1 purposes of this section, shelter care shall not include
2 institutional facilities.
3 Section 4. This act shall take effect immediately, but the
4 jurisdictional changes contained in section 2(2) and (4) shall
5 apply only to proceedings instituted after the effective date.
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