PRINTER'S NO. 69
No. 71 Session of 1997
INTRODUCED BY HOLL, JANUARY 17, 1997
REFERRED TO JUDICIARY, JANUARY 17, 1997
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 detention of dependent children.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6327 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subsection to read:
8 § 6327. Place of detention.
9 * * *
10 (e.1) Exception for 72-hour detention of dependent
11 children.--
12 (1) A child who has been adjudicated dependent under
13 this chapter may be detained in a detention facility which
14 has been approved by the Department of Public Welfare for
15 acceptance of alleged and adjudicated delinquent children for
16 up to 72 hours provided:
17 (i) the child has absconded from the child's home or
18 from a shelter facility, foster home, group home or other
1 placement or facility in violation of an order of court;
2 and
3 (ii) in the opinion of the chief juvenile probation
4 officer or the administrator of the county children and
5 youth agency, the detention is necessary to insure the
6 child's return or to arrange for an alternative thereto.
7 (2) The detention may be extended for an additional
8 period not to exceed ten days where the court determines at a
9 hearing that:
10 (i) The return of the child or alternatives to
11 return of the child that may be in the best interest of
12 the child cannot be accomplished within 72 hours.
13 (ii) Due diligence to arrange for the return of the
14 child or an alternative to return the child has been
15 exercised.
16 (iii) Further detention is in the best interest of
17 the child.
18 (3) Under no circumstances may the additional detention
19 extend beyond ten days from the date of hearing. After ten
20 days, if not previously released, the child shall be
21 immediately released from detention and returned to a
22 Department of Public Welfare-approved shelter care facility
23 designated in subsection (a)(1), (2) and (4) or other
24 approved placement or program as designated by the court.
25 * * *
26 Section 2. This act shall take effect in 60 days.
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