JUVENILE ACT - REPEALED — 1972 Pa. Act 333 (historical enacted text)

Historical Act text

HOUSE AMENDED
PRIOR PRINTER'S NOS. 446, 2105 PRINTER'S NO. 2192
INTRODUCED BY HILL, BELL, MELLOW, SESLER, R. D. FLEMING,
STAPLETON, WADE, LENTZ, MESSINGER, TILGHMAN, EWING,
OESTERLING, MURRAY, GERHART, MANBECK, SMITH, DAVIS, DWYER,
FRAME, W. E. FLEMING, ZEMPRELLI, LAMB, WOOD, CONFAIR, SNYDER,
HOWARD, STAUFFER, CIANFRANI, COPPERSMITH AND ROVNER,
MARCH 29, 1971
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 21, 1972
AN ACT
1 Relating to the care, guidance, control, trial, placement and
2 commitment of delinquent and deprived children.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short Title.-- TITLE AND PURPOSES.--(A) This act <--
6 shall be known as the "Juvenile Act."
7 (B) THIS ACT SHALL BE INTERPRETED AND CONSTRUED AS TO <--
8 EFFECTUATE THE FOLLOWING PURPOSES:
9 (1) TO PRESERVE THE UNITY OF THE FAMILY WHENEVER POSSIBLE
10 AND TO PROVIDE FOR THE CARE, PROTECTION, AND WHOLESOME MENTAL
11 AND PHYSICAL DEVELOPMENT OF CHILDREN COMING WITHIN THE
12 PROVISIONS OF THIS ACT;
13 (2) CONSISTENT WITH THE PROTECTION OF THE PUBLIC INTEREST,
14 TO REMOVE FROM CHILDREN COMMITTING DELINQUENT ACTS THE
15 CONSEQUENCES OF CRIMINAL BEHAVIOR, AND TO SUBSTITUTE THEREFOR A
1 PROGRAM OF SUPERVISION, CARE AND REHABILITATION;
2 (3) TO ACHIEVE THE FOREGOING PURPOSES IN A FAMILY
3 ENVIRONMENT WHENEVER POSSIBLE, SEPARATING THE CHILD FROM PARENTS
4 ONLY WHEN NECESSARY FOR HIS WELFARE OR IN THE INTERESTS OF
5 PUBLIC SAFETY;
6 (4) TO PROVIDE MEANS THROUGH WHICH THE PROVISIONS OF THIS
7 ACT ARE EXECUTED AND ENFORCED AND IN WHICH THE PARTIES ARE
8 ASSURED A FAIR HEARING AND THEIR CONSTITUTIONAL AND OTHER LEGAL
9 RIGHTS RECOGNIZED AND ENFORCED.
10 Section 2. Definitions.--As used in this act:
11 (1) "Child" means an individual who is: (i) under the age of
12 eighteen years; or (ii) under the age of twenty-one years who
13 committed an act of delinquency before reaching the age of
14 eighteen years.
15 (2) "Delinquent act" means: (i) an act designated a crime
16 under the law of this State, or of another state if the act
17 occurred in that state, or under Federal law, or under local
18 ordinances; or (ii) a specific act or acts of habitual
19 disobedience of the reasonable and lawful commands of his
20 parent, guardian, or other custodian committed by a child who is
21 ungovernable. "Delinquent act" shall not include the crime of
22 murder nor shall it include summary offenses arising under the <--
23 act of April 29, 1959 (P.L.58), known as "The Vehicle Code,"
24 unless the child fails to pay a fine levied thereunder, in which
25 event notice of such fact shall be certified to the court.
26 (3) "Delinquent child" means a child whom the court has
27 found to have committed a delinquent act and is in need of
28 treatment, supervision or rehabilitation.
29 (4) "Deprived child" means a child who: (i) is without
30 proper parental care or control, subsistence, education as
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1 required by law, or other care or control necessary for his
2 physical, mental, or emotional health, or morals; or (ii) has
3 been placed for care or adoption in violation of law; or (iii)
4 has been abandoned by his parents, guardian, or other custodian;
5 or (iv) is without a parent, guardian, or legal custodian; or
6 (v) while subject to compulsory school attendance is habitually
7 and without justification truant from school.
8 (5) "Shelter care" means temporary care of a child in
9 physically unrestricted facilities.
10 (6) "Protective supervision" means supervision ordered by
11 the court of children found to be deprived.
12 (7) "Custodian" means a person, other than a parent or legal
13 guardian, who stands in loco parentis to the child, or a person
14 to whom legal custody of the child has been given by order of a
15 court.
16 (8) "Court" means the court of common pleas of any county.
17 Section 3. Jurisdiction.--This act shall apply exclusively
18 to the following:
19 (1) Proceedings in which a child is alleged to be delinquent
20 or deprived.
21 (2) Proceedings arising under sections 32 through 35.
22 (3) Transfers arising under section 7.
23 (4) Proceedings under the "Interstate Compact on Juveniles,"
24 section 731, act of June 13, 1967 (P.L.31), known as the "Public
25 Welfare Code."
26 Section 4. Powers and Duties of Probation Officers.--(a) For
27 the purpose of carrying out the objectives and purposes of this
28 act, and subject to the limitations of this act or imposed by
29 the court, a probation officer shall:
30 (1) Make investigations, reports, and recommendations to the
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1 court.
2 (2) Receive and examine complaints and charges of
3 delinquency or deprivation of a child for the purpose of
4 considering the commencement of proceedings under this act.
5 (3) Supervise and assist a child placed on probation or in
6 his protective supervision or care by order of the court or
7 other authority of law.
8 (4) Make appropriate referrals to other private or public
9 agencies of the community if their assistance appears to be
10 needed or desirable.
11 (5) Take into custody and detain a child who is under his
12 supervision or care as a delinquent or deprived child if the
13 probation officer has reasonable cause to believe that the
14 child's health or safety is in imminent danger, or that he may
15 abscond or be removed from the jurisdiction of the court, or
16 when ordered by the court pursuant to this act or that he
17 violated the conditions of his probation.
18 (6) Perform all other functions designated by this act or by
19 order of the court pursuant thereto.
20 (b) Any of the foregoing functions may be performed in
21 another state if authorized by the court of this State and
22 permitted by the laws of the other state.
23 Section 5. Masters.--(a) The Supreme Court may promulgate
24 rules for the selection and appointment of masters in the first <--
25 and fifth judicial districts, on a full-time or part-time basis.
26 A master shall be a member of the bar of the Supreme Court. The
27 number and compensation of masters shall be fixed by the Supreme
28 Court, and their compensation shall be paid by the county.
29 (b) The court of common pleas may direct that hearings in
30 any case or class of cases be conducted in the first instance by
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1 the master in the manner provided by this act. Before commencing
2 the hearing the master shall inform the parties who have
3 appeared that they are entitled to have the matter heard by the
4 judge. If a party objects, the hearing shall be conducted by the
5 judge.
6 (c) Upon the conclusion of a hearing before a master, he
7 shall transmit written findings and recommendations for
8 disposition to the judge. Prompt written notice and copies of
9 the findings and recommendations shall be given to the parties
10 to the proceeding.
11 (d) A rehearing before the judge may be ordered by the judge
12 at any time upon cause shown. Unless a rehearing is ordered, the
13 findings and recommendations become the findings and order of
14 the court when confirmed in writing by the judge.
15 Section 6. Commencement of Proceedings.--A proceeding under
16 this act may be commenced:
17 (1) By transfer of a case as provided in section 7;
18 (2) By the court accepting jurisdiction as provided in
19 section 33 or accepting supervision of a child as provided in
20 section 35; or
21 (3) In other cases by the filing of a petition as provided
22 in this act. The petition and all other documents in the
23 proceeding shall be entitled "In the interest of
24 _______________, a minor," and shall be captioned and docketed
25 as provided by rule of the Supreme Court.
26 Section 7. Criminal Proceedings; Transfer.--If it appears to
27 the court in a criminal proceeding other than murder, that the
28 defendant is a child, this act shall immediately become
29 applicable, and the judge shall forthwith halt further criminal
30 proceedings, and, where appropriate, transfer the case to the
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1 Family Court Division or to a judge of the court assigned to
2 conduct juvenile hearings, together with a copy of the
3 accusatory pleading and other papers, documents, and transcripts
4 of testimony relating to the case. IF IT APPEARS TO THE COURT IN <--
5 A CRIMINAL PROCEEDING CHARGING MURDER, THAT THE DEFENDANT IS A
6 CHILD, THE CASE MAY SIMILARLY BE TRANSFERRED AND THE PROVISIONS
7 OF THIS ACT APPLIED. The defendant shall be taken forthwith to
8 the probation officer or to a place of detention designated by
9 the court or released to the custody of his parent, guardian,
10 custodian, or other person legally responsible for him, to be
11 brought before the court at a time to be designated. The
12 accusatory pleading may serve in lieu of a petition otherwise
13 required by this act, unless the court directs the filing of a
14 petition.
15 If in a criminal proceeding charging murder the child is
16 convicted of a crime less than murder, the case may be
17 transferred to the Family Court Division or to a judge assigned
18 to conduct juvenile hearings for disposition.
19 Section 8. Informal Adjustment.--(a) Before a petition is
20 filed, the probation officer or other officer of the court
21 designated by it, subject to its direction, shall, in the case
22 of a deprived child OR IN THE CASE OF A DELINQUENT CHILD TO BE <--
23 CHARGED UNDER SECTION 2(2) (II), and may, in the case of a
24 delinquent child TO BE CHARGED UNDER SECTION 2(2) (I) OF THIS <--
25 ACT, where commitment is clearly not appropriate and if
26 otherwise appropriate, refer the child and his parents to any
27 public or private social agency available for assisting in the
28 matter. Upon referral, the agency shall indicate its willingness
29 to accept the child and shall report back to the referring
30 officer within three months concerning the status of the
19710S0439B2192 - 6 -
1 referral. The agency may return the referral to the probation
2 officer or other officer for further informal adjustment if it
3 is in the best interests of the child.
4 (b) Such social agencies and the probation officer or other
5 officer of the court may give counsel and advice to the parties
6 with a view to an informal adjustment if it appears:
7 (1) Counsel and advice without an adjudication would be in
8 the best interest of the public and the child; and
9 (2) The child and his parents, guardian, or other custodian
10 consent thereto with knowledge that consent is not obligatory;
11 and
12 (3) In the case of the probation officer or other officer of
13 the court, the admitted facts bring the case within the
14 jurisdiction of the court.
15 (c) The giving of counsel and advice by the probation or
16 other officer of the court shall not extend beyond six months
17 from the day commenced unless extended by an order of court for
18 an additional period not to exceed three months. Nothing herein
19 contained shall authorize the detention of the child.
20 (d) An incriminating statement made by a participant to the
21 person giving counsel or advice and in the discussions or
22 conferences incident thereto shall not be used against the
23 declarant over objection in any criminal proceeding or hearing
24 under this act.
25 SECTION 8.1. CONSENT DECREE.--(A) AT ANY TIME AFTER THE <--
26 FILING OF A PETITION AND BEFORE THE ENTRY OF AN ADJUDICATION
27 ORDER, THE COURT MAY, ON MOTION OF THE DISTRICT ATTORNEY OR THAT
28 OF COUNSEL FOR THE CHILD, SUSPEND THE PROCEEDINGS, AND CONTINUE
29 THE CHILD UNDER SUPERVISION IN HIS OWN HOME, UNDER TERMS AND
30 CONDITIONS NEGOTIATED WITH PROBATION SERVICES AND AGREED TO BY
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1 ALL PARTIES AFFECTED. THE COURT'S ORDER CONTINUING THE CHILD
2 UNDER SUPERVISION SHALL BE KNOWN AS A CONSENT DECREE.
3 (B) WHERE THE CHILD OBJECTS TO A CONSENT DECREE, THE COURT
4 SHALL PROCEED TO FINDINGS, ADJUDICATION AND DISPOSITION. WHERE
5 THE CHILD DOES NOT OBJECT, BUT AN OBJECTION IS MADE BY THE
6 DISTRICT ATTORNEY AFTER CONSULTATION WITH PROBATION SERVICES,
7 THE COURT SHALL, AFTER CONSIDERING THE OBJECTIONS AND REASONS
8 THEREFOR, PROCEED TO DETERMINE WHETHER IT IS APPROPRIATE TO
9 ENTER A CONSENT DECREE.
10 (C) A CONSENT DECREE SHALL REMAIN IN FORCE FOR SIX MONTHS
11 UNLESS THE CHILD IS DISCHARGED SOONER BY PROBATION SERVICES.
12 UPON APPLICATION OF PROBATION SERVICES OR OTHER AGENCY
13 SUPERVISING THE CHILD, MADE BEFORE EXPIRATION OF THE SIX-MONTH
14 PERIOD, A CONSENT DECREE MAY BE EXTENDED BY THE COURT FOR AN
15 ADDITIONAL SIX MONTHS.
16 (D) IF PRIOR TO DISCHARGE BY THE PROBATION SERVICES OR
17 EXPIRATION OF THE CONSENT DECREE, A NEW PETITION IS FILED
18 AGAINST THE CHILD, OR THE CHILD OTHERWISE FAILS TO FULFILL
19 EXPRESS TERMS AND CONDITIONS OF THE DECREE, THE PETITION UNDER
20 WHICH THE CHILD WAS CONTINUED UNDER SUPERVISION MAY, IN THE
21 DISCRETION OF THE DISTRICT ATTORNEY FOLLOWING CONSULTATION WITH
22 PROBATION SERVICES, BE REINSTATED AND THE CHILD HELD ACCOUNTABLE
23 JUST AS IF THE CONSENT DECREE HAD NEVER BEEN ENTERED.
24 (E) A CHILD WHO IS DISCHARGED BY THE PROBATION SERVICES, OR
25 WHO COMPLETES A PERIOD OF CONTINUANCE UNDER SUPERVISION WITHOUT
26 REINSTATEMENT OF THE ORIGINAL PETITION, SHALL NOT AGAIN BE
27 PROCEEDED AGAINST IN ANY COURT FOR THE SAME OFFENSE ALLEGED IN
28 THE PETITION OR AN OFFENSE BASED UPON THE SAME CONDUCT.
29 Section 9. Venue.--A proceeding under this act may be
30 commenced (i) in the county in which the child resides, or (ii)
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1 if delinquency is alleged, in the county in which the acts
2 constituting the alleged delinquency occurred, or (iii) if
3 deprivation is alleged, in the county in which the child is
4 present when it is commenced.
5 Section 10. Transfer to Another Court Within the State.--(a)
6 If the child resides in a county of the State and the proceeding
7 is commenced in a court of another county, the court, on motion
8 of a party or on its own motion made after the adjudicatory
9 hearing or at any time prior to final disposition, may transfer
10 the proceeding to the county of the child's residence for
11 further action. Like transfers may be made if the residence of
12 the child changes pending the proceeding. The proceeding shall <--
13 MAY be transferred if the child has been adjudicated delinquent <--
14 and other proceedings involving the child are pending in the
15 court of the county of his residence.
16 (b) Certified copies of all legal and social documents and
17 records pertaining to the case on file with the court shall
18 accompany the transfer.
19 Section 11. Taking into Custody.--A child may be taken into
20 custody:
21 (1) Pursuant to an order of the court under this act;
22 (2) Pursuant to the laws of arrest;
23 (3) By a law enforcement officer or duly authorized officer
24 of the court if there are reasonable grounds to believe that the
25 child is suffering from illness or injury or is in imminent
26 danger from his surroundings, and that his removal is necessary;
27 or
28 (4) By a law enforcement officer or duly authorized officer
29 of the court if there are reasonable grounds to believe that the
30 child has run away from his parents, guardian, or other
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1 custodian; or
2 (5) By a law enforcement officer or duly authorized officer
3 of the court if there are reasonable grounds to believe that the
4 child has violated conditions of his probation.
5 Section 12. Detention of Child.--A child taken into custody
6 shall not be detained or placed in shelter care prior to the
7 hearing on the petition unless his detention or care is required
8 to protect the person or property of others or of the child or
9 because the child may abscond or be removed from the
10 jurisdiction of the court or because he has no parent, guardian,
11 or custodian or other person able to provide supervision and
12 care for him and return him to the court when required, or an
13 order for his detention or shelter care has been made by the
14 court pursuant to this act.
15 Section 13. Release or Delivery to Court.--(a) A person
16 taking a child into custody, with all reasonable speed and
17 without first taking the child elsewhere, shall:
18 (1) Notify the parent, guardian or other custodian of the
19 child's apprehension and his whereabouts;
20 (2) Release the child to his parents, guardian, or other
21 custodian upon their promise to bring the child before the court
22 when requested by the court, unless his detention or shelter
23 care is warranted or required under section 12; or
24 (3) Bring the child before the court or deliver him to a
25 detention or shelter care facility designated by the court or to
26 a medical facility if the child is believed to suffer from a
27 serious physical condition or illness which requires prompt
28 treatment. He shall promptly give written notice together with a
29 statement of the reason for taking the child into custody, to a
30 parent, guardian, or other custodian and to the court. Any
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1 temporary detention or questioning of the child necessary to
2 comply with this subsection shall conform to the procedures and
3 conditions prescribed by this act and rules of court.
4 (b) If a parent, guardian, or other custodian, when
5 requested, fails to bring the child before the court as provided
6 in subsection (a), the court may issue its warrant directing
7 that the child be taken into custody and brought before the
8 court.
9 Section 14. Place of Detention.--(a) A child alleged to be
10 delinquent may be detained only in:
11 (1) A licensed foster home or a home approved by the court;
12 (2) A facility operated by a licensed child welfare agency
13 or one approved by the court;
14 (3) A detention home, camp, center or other facility for
15 delinquent children which is under the direction or supervision
16 of the court or other public authority or private agency, and is
17 approved by the Department of Public Welfare; or
18 (4) Any other suitable place or facility, designated or
19 operated by the court and approved by the Department of Public
20 Welfare. Under no circumstances shall a child be detained,
21 placed, or committed in any facility with adults, or where he or
22 she is apt to be abused by other children unless there is no
23 appropriate facility available, in which case the child shall be
24 kept separate and apart from such adults at all times AND SHALL <--
25 BE DETAINED, PLACED, OR COMMITTED UNDER SUCH CIRCUMSTANCES FOR
26 NOT MORE THAN FIVE DAYS.
27 (b) The official in charge of a jail or other facility for
28 the detention of adult offenders or persons charged with crime
29 shall inform the court immediately if a person who is or appears
30 to be under the age of eighteen years is received at the
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1 facility and shall bring him before the court upon request or
2 deliver him to a detention or shelter care facility designated
3 by the court.
4 (c) If a case is transferred for criminal prosecution the
5 child may be transferred to the appropriate officer or detention
6 facility in accordance with the law governing the detention of
7 persons charged with crime. THE COURT IN MAKING THE TRANSFER MAY <--
8 ORDER CONTINUED DETENTION AS A JUVENILE PENDING TRIAL IF THE
9 CHILD IS UNABLE TO PROVIDE BAIL.
10 (d) A child alleged to be deprived may be detained or placed
11 in shelter care only in the facilities stated in clauses (1),
12 (2) and (4) of subsection (a), and shall not be detained in a
13 jail or other facility intended or used for the detention of
14 adults charged with criminal offenses or of children alleged to
15 be delinquent.
16 Section 15. Release from Detention or Shelter Care; Hearing;
17 Conditions of Release.--(a) If a child is brought before the
18 court or delivered to a detention or shelter care facility
19 designated by the court, the intake or other authorized officer
20 of the court shall immediately make an investigation and release
21 the child unless it appears that his detention or shelter care
22 is warranted or required under section 12. The release of the
23 child shall not prevent the subsequent filing of a petition as
24 provided in this act. If he is not so released, a petition shall
25 be promptly made and presented to the court.
26 (b) An informal detention hearing shall be held promptly by
27 the court or the master and not later than seventy-two hours
28 after he is placed in detention to determine whether his
29 detention or shelter care is required under section 12.
30 Reasonable notice thereof, either oral or written, stating the
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1 time, place, and purpose of the detention hearing shall be given
2 to the child and if they can be found, to his parents, guardian,
3 or other custodian. Prior to the commencement of the hearing the
4 court or master shall inform the parties of their right to
5 counsel and to appointed counsel if they are needy persons, and
6 of the child's right to remain silent with respect to any
7 allegations of delinquency.
8 (c) If the child is not so released and a parent, guardian
9 or other custodian has not been notified of the hearing, did not
10 appear or waive appearance at the hearing, and files his
11 affidavit showing these facts, the court or master shall rehear
12 the matter without unnecessary delay and order his release,
13 unless it appears from the hearing that the child's detention or
14 shelter care is required under section 12.
15 Section 16. Subpoena.--Upon application of a child, parent,
16 guardian, custodian, probation officer, district attorney, or
17 other party to the proceedings, the court, master, or the clerk
18 of the court shall issue, or the court or master may on its own
19 motion issue, subpoenas requiring attendance and testimony of
20 witnesses and production of papers at any hearing under this
21 act.
22 Section 17. Petition.--A petition, which shall be verified
23 and may be on information and belief, may be brought by any
24 person including a law enforcement officer. It shall set forth
25 plainly:
26 (1) The facts which bring the child within the jurisdiction
27 of the court and this act, with a statement that it is in the
28 best interest of the child and the public that the proceeding be
29 brought and, if delinquency is alleged, that the child is in
30 need of treatment, supervision or rehabilitation.
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1 (2) The name, age, and residence address, if any, of the
2 child on whose behalf the petition is brought.
3 (3) The names and residence addresses, if known to the
4 petitioner, of the parents, guardian, or custodian of the child
5 and of the child's spouse, if any. If none of his parents,
6 guardian, or custodian resides or can be found within the State,
7 or if their respective places of residence address are unknown,
8 the name of any known adult relative residing within the county,
9 or if there be none, the known adult relative residing nearest
10 to the location of the court.
11 (4) If the child is in custody and, if so, the place of his
12 detention and the time he was taken into custody.
13 Section 18. Summons.--(a) After the petition has been filed
14 the court shall fix a time for hearing thereon, which, if the
15 child is in detention, shall not be later than ten days after
16 the filing of the petition. IF THE HEARING IS NOT HELD WITHIN <--
17 SUCH TIME, THE CHILD SHALL BE IMMEDIATELY RELEASED FROM
18 DETENTION. The court shall direct the issuance of a summons to
19 the parents, guardian, or other custodian, a guardian ad litem,
20 and any other persons as appear to the court to be proper or
21 necessary parties to the proceeding, requiring them to appear
22 before the court at the time fixed to answer the allegations of
23 the petition. The summons shall also be directed to the child if
24 he is fourteen or more years of age or is alleged to be a
25 delinquent. A copy of the petition shall accompany the summons.
26 (b) The court may endorse upon the summons an order (i)
27 directing the parents, guardian, or other custodian of the child
28 to appear personally at the hearing, and (ii) directing the
29 person having the physical custody or control of the child to
30 bring the child to the hearing.
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1 (c) If it appears from affidavit filed or from sworn
2 testimony before the court that the conduct, condition, or
3 surroundings of the child are endangering his health or welfare
4 or those of others, or that he may abscond or be removed from
5 the jurisdiction of the court or will not be brought before the
6 court notwithstanding the service of the summons, the court may
7 issue a warrant of arrest.
8 (d) A summons and warrant of arrest shall be in such form
9 and shall be served as prescribed by the Rules of Criminal
10 Procedure.
11 (e) A party, other than the child, may waive service of
12 summons by written stipulation or by voluntary appearance at the
13 hearing. If the child is present at the hearing, his counsel,
14 with the consent of the parent, guardian, or other custodian, or
15 guardian ad litem, may waive service of summons in his behalf.
16 Section 19. Conduct of Hearings.--(a) Hearings under this
17 act shall be conducted by the court without a jury, in an
18 informal but orderly manner, and separate from other proceedings
19 not included in section 3.
20 (b) The district attorney, upon request of the court, shall
21 present the evidence in support of the petition and otherwise
22 conduct the proceedings on behalf of the State.
23 (c) If requested by the party or ordered by the court the
24 proceedings shall be recorded by appropriate means. If not so
25 recorded, full minutes of the proceedings shall be kept by the
26 court.
27 (d) Except in hearings to declare a person in contempt of
28 court, the general public shall be excluded from hearings under
29 this act. Only the parties, their counsel, witnesses, and other
30 persons accompanying a party for his assistance, and any other
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1 persons as the court finds have a proper interest in the
2 proceeding or in the work of the court may be admitted by the
3 court. The court may temporarily exclude the child from the
4 hearing except while allegations of his delinquency are being
5 heard.
6 Section 20. Right to Counsel.--Except as otherwise provided
7 under this act a party is entitled to representation by legal
8 counsel at all stages of any proceedings under this act and if
9 he is without financial resources or otherwise unable to employ
10 counsel, to have the court provide counsel for him. If a party
11 appears without counsel the court shall ascertain whether he
12 knows of his right thereto and to be provided with counsel by
13 the court if applicable. The court may continue the proceeding
14 to enable a party to obtain counsel. Counsel must be provided
15 for a child unless his parent, guardian, or custodian is present
16 in court and affirmatively waive it. However, the parent,
17 guardian, or custodian may not waive counsel for a child when
18 their interest is MAY BE in conflict with the interest or <--
19 interests of the child. If the interests of two or more parties
20 MAY conflict, separate counsel shall be provided for each of <--
21 them.
22 Section 21. Other Basic Rights.--(a) A party is entitled to
23 the opportunity to introduce evidence and otherwise be heard in
24 his own behalf and to cross-examine witnesses.
25 (b) A child charged with a delinquent act need not be a
26 witness against or otherwise incriminate himself. An
27 extrajudicial statement, if obtained in the course of violation
28 of this act or which could be constitutionally inadmissible in a
29 criminal proceeding, shall not be used against him. Evidence
30 illegally seized or obtained shall not be received over
19710S0439B2192 - 16 -
1 objection to establish the allegations made against him. A
2 confession validly made by a child out of court at a time when
3 the child is under eighteen years of age shall be insufficient
4 to support an adjudication of delinquency unless it is
5 corroborated by other evidence.
6 Section 22. Investigation and Report.--(a) If the
7 allegations of a petition are admitted by a party or notice of
8 hearing under section 28 has been given, the court, prior to the
9 hearing on need for treatment or disposition, may direct that a
10 social study and report in writing to the court be made by an
11 officer of the court or other person designated by the court,
12 concerning the child, his family, his environment, and other
13 matters relevant to disposition of the case. If the allegations
14 of the petition are not admitted and notice of a hearing under
15 section 28 has not been given, the court shall not direct the
16 making of the study and report until after the court has heard
17 the petition upon notice of hearing given pursuant to this act
18 and the court has found that the child committed a delinquent
19 act or is a deprived child.
20 (b) During the pendency of any proceeding the court may
21 order the child to be examined at a suitable place by a
22 physician or psychologist and may also order medical or surgical
23 treatment of a child who is suffering from a serious physical
24 condition or illness which in the opinion of a licensed
25 physician requires prompt treatment, even if the parent,
26 guardian, or other custodian has not been given notice of a
27 hearing, is not available, or without good cause informs the
28 court of his refusal to consent to the treatment.
29 Section 23. Hearing; Findings; Dismissal.--(a) After hearing
30 the evidence on the petition the court shall make and file its
19710S0439B2192 - 17 -
1 findings as to whether the child is a deprived child, or if the
2 petition alleges that the child is delinquent, whether the acts
3 ascribed to the child were committed by him. If the court finds
4 that the child is not a deprived child or that the allegations
5 of delinquency have not been established it shall dismiss the
6 petition and order the child discharged from any detention or
7 other restriction theretofore ordered in the proceeding.
8 (b) If the court finds on proof beyond a reasonable doubt
9 that the child committed the acts by reason of which he is
10 alleged to be delinquent it shall enter such finding on the
11 record and it shall then proceed immediately or at a postponed
12 hearing to hear evidence as to whether the child is in need of
13 treatment, supervision or rehabilitation and to make and file
14 its findings thereon. In the absence of evidence to the
15 contrary, evidence of the commission of acts which constitute a
16 felony shall be sufficient to sustain a finding that the child
17 is in need of treatment, supervision or rehabilitation. If the
18 court finds that the child is not in need of treatment,
19 supervision or rehabilitation it shall dismiss the proceeding
20 and discharge the child from any detention or other restriction
21 theretofore ordered.
22 (c) If the court finds from clear and convincing evidence
23 that the child is deprived, the court shall proceed immediately
24 or at a postponed hearing to make a proper disposition of the
25 case.
26 (d) In disposition hearings under subsections (b) and (c),
27 all evidence helpful in determining the questions presented,
28 including oral and written reports, may be received by the court
29 and relied upon to the extent of its probative value even though
30 not otherwise competent in the hearing on the petition. The
19710S0439B2192 - 18 -
1 parties or their counsel shall be afforded an opportunity to
2 examine and controvert written reports so received and to cross-
3 examine individuals making the reports. Sources of information
4 given in confidence need not be disclosed.
5 (e) On its motion or that of a party the court may continue
6 the hearings under this section for a reasonable period to
7 receive reports and other evidence bearing on the disposition or
8 the need for treatment, supervision or rehabilitation. In this
9 event the court shall make an appropriate order for detention of
10 the child or his release from detention subject to supervision
11 of the court during the period of the continuance. In scheduling
12 investigations and hearings the court shall give priority to
13 proceedings in which a child is in detention or has otherwise
14 been removed from his home before an order of disposition has
15 been made.
16 Section 24. Disposition of Deprived Child.--(a) If the child
17 is found to be a deprived child the court may make any of the
18 following orders of disposition best suited to the protection
19 and physical, mental, and moral welfare of the child:
20 (1) Permit the child to remain with his parents, guardian,
21 or other custodian, subject to conditions and limitations as the
22 court prescribes, including supervision as directed by the court
23 for the protection of the child.
24 (2) Subject to conditions and limitations as the court
25 prescribes transfer temporary legal custody to any of the
26 following: (i) any individual in or outside Pennsylvania who,
27 after study by the probation officer or other person or agency
28 designated by the court, is found by the court to be qualified
29 to receive and care for the child; (ii) an agency or other
30 private organization licensed or otherwise authorized by law to
19710S0439B2192 - 19 -
1 receive and provide care for the child or (iii) a public agency
2 authorized by law to receive and provide care for the child.
3 (3) Without making any of the foregoing orders transfer
4 custody of the child to the juvenile court of another state if
5 authorized by and in accordance with section 32.
6 (b) Unless a child found to be deprived is found also to be
7 delinquent he shall not be committed to or confined in an
8 institution or other facility designed or operated for the
9 benefit of delinquent children.
10 Section 25. Disposition of Delinquent Child.--If the child
11 is found to be a delinquent child the court may make any of the
12 following orders of disposition best suited to his treatment,
13 supervision, rehabilitation, and welfare:
14 (1) Any order authorized by section 24 for the disposition
15 of a deprived child.
16 (2) Placing the child on probation under supervision of the
17 probation officer of the court or the court of another state as
18 provided in section 34, under conditions and limitations the
19 court prescribes.
20 (3) Committing the child to an institution, youth
21 development center, camp, or other facility for delinquent
22 children operated under the direction or supervision of the
23 court or other public authority and approved by the Department
24 of Public Welfare.
25 (4) Committing the child to an institution operated by the
26 Department of Public Welfare or special facility for children
27 operated by the Department of Justice.
28 Section 26. Limitation on Length of Commitment.--No child
29 shall initially be committed to an institution for a period
30 longer than three years or a period longer than he could have
19710S0439B2192 - 20 -
1 been sentenced by the court if he had been convicted of the same
2 offense as an adult, whichever is less. The initial commitment
3 may be extended for a similar period of time, or modified, if
4 the court finds after hearing that the extension or modification
5 will effectuate the original purpose for which the order was
6 entered. The child shall have notice of the extension or
7 modification hearing and shall be given an opportunity to be
8 heard. THE COMMITTING COURT SHALL REVIEW EACH COMMITMENT EVERY <--
9 SIX MONTHS AND SHALL HOLD A DISPOSITION REVIEW HEARING AT LEAST
10 EVERY TWELVE MONTHS.
11 Section 27. Order of Adjudication; Noncriminal.--(a) An
12 order of disposition or other adjudication in a proceeding under
13 this act is not a conviction of crime and does not impose any
14 civil disability ordinarily resulting from a conviction or
15 operate to disqualify the child in any civil service application
16 or appointment. A child shall not be committed or transferred to
17 a penal institution or other facility used primarily for the
18 execution of sentences of adults convicted of a crime, unless
19 there is no other appropriate facility available, in which case
20 the child shall be kept separate and apart from such adults at
21 all times.
22 (b) The disposition of a child under this act may not be
23 used against him in any proceeding in any court other than at a
24 subsequent juvenile hearing, whether before or after reaching
25 majority, except (i) in dispositional proceedings after
26 conviction of a felony for the purposes of a presentence
27 investigation and report or (ii) if relevant, where he has put
28 his reputation or character in issue in a civil proceeding.
29 Section 28. Transfer.--(a) After a petition has been filed
30 alleging delinquency based on conduct which is designated a
19710S0439B2192 - 21 -
1 crime or public offense under the laws, including local
2 ordinances, of this State, the court before hearing the petition
3 on its merits may rule that this act is not applicable and that
4 the offense should be prosecuted, and transfer the offense,
5 where appropriate, to the trial or criminal division or to a
6 judge of the court assigned to conduct criminal proceedings, for
7 prosecution of the offense if:
8 (1) The child was fourteen or more years of age at the time
9 of the alleged conduct; and
10 (2) A hearing on whether the transfer should be made is held
11 in conformity with this act; and
12 (3) Notice in writing of the time, place, and purpose of the
13 hearing is given to the child and his parents, guardian, or
14 other custodian at least three days before the hearing; and
15 (4) The court finds that there is a prima facie case that
16 the child committed the delinquent act alleged, and the court
17 finds that there are reasonable grounds to believe that: (i) the
18 child is not amenable to treatment, supervision or
19 rehabilitation as a juvenile through available facilities, in
20 determining this the court may consider age, mental capacity,
21 maturity, previous record and probation or institutional
22 reports; and (ii) the child is not committable to an institution
23 for the mentally retarded or mentally ill, and (iii) the
24 interests of the community require that the child be placed
25 under legal restraint or discipline or that the offense is one
26 which would carry a sentence of more than three years if
27 committed as an adult.
28 (b) The transfer terminates the applicability of this act
29 over the child with respect to the delinquent acts alleged in
30 the petition.
19710S0439B2192 - 22 -
1 (c) The child may request that the case be transferred for
2 prosecution in which event the court may order this act not
3 applicable.
4 (d) No hearing shall be conducted where this act becomes
5 applicable because of a previous determination by the court in a
6 criminal proceeding.
7 (e) Where the petition alleges conduct which if proven would
8 constitute murder, the court shall require the offense to be
9 prosecuted under the criminal law and procedures EXCEPT WHERE <--
10 THE CASE HAS BEEN TRANSFERRED FROM THE CRIMINAL COURT PURSUANT
11 TO SECTION 7 OF THIS ACT.
12 (f) The decision of the court to transfer or not to transfer
13 the case shall be interlocutory.
14 Section 29. Disposition of Mentally Ill or Mentally Retarded
15 Child.--If, at a dispositional hearing of a child found to be a
16 delinquent or at a hearing to determine the applicability of <--
17 this act, ANY HEARING, the evidence indicates that the child may <--
18 be subject to commitment or detention under the provisions of
19 the act of October 20, 1966 (P.L.96), known as the "Mental
20 Health and Mental Retardation Act of 1966," the court shall
21 proceed under the provisions of said act.
22 Section 30. Rights and Duties of Legal Custodian.--A
23 custodian to whom legal custody has been given by the court
24 under this act has the right to the physical custody of the
25 child, the right to determine the nature of the care and
26 treatment of the child, including ordinary medical care and the
27 right and duty to provide for the care, protection, training,
28 and education, and the physical, mental, and moral welfare of
29 the child, subject to the conditions and limitations of the
30 order and to the remaining rights and duties of the child's
19710S0439B2192 - 23 -
1 parents or guardian.
2 Section 31. Disposition of Nonresident Child.--(a) If the
3 court finds that a child who has been adjudged to have committed
4 a delinquent act or to be deprived is or is about to become a
5 resident of another state which has adopted the Uniform Juvenile
6 Court Act, or a substantially similar act which includes
7 provisions corresponding to this section and section 32 hereof,
8 the court may defer hearing on need of treatment and disposition
9 and request by any appropriate means the appropriate court of
10 the county of the child's residence or prospective residence to
11 accept jurisdiction of the child.
12 (b) If the child becomes a resident of another state while
13 on probation or under protective supervision under order of a
14 court of this State, the court may request the court of the
15 state in which the child has become a resident to accept
16 jurisdiction of the child and to continue his probation or
17 protective supervision.
18 (c) Upon receipt and filing of an acceptance the court of
19 this State shall transfer custody of the child to the accepting
20 court and cause him to be delivered to the person designated by
21 that court to receive his custody. It also shall provide that
22 court with certified copies of the order adjudging the child to
23 be a delinquent, or deprived child, of the order of transfer,
24 and if the child is on probation or under protective supervision
25 under order of the court, of the order of disposition. It also
26 shall provide that court with a statement of the facts found by
27 the court of this State and any recommendations and other
28 information or documents it considers of assistance to the
29 accepting court in making a disposition of the case or in
30 supervising the child on probation or otherwise.
19710S0439B2192 - 24 -
1 (d) Upon compliance with subsection (c) the jurisdiction of
2 the court of this State over the child is terminated.
3 Section 32. Disposition of Resident Child Received from
4 Another State.--(a) If a juvenile court of another state which
5 has adopted the Uniform Juvenile Court Act, or a substantially
6 similar act which includes provisions corresponding to section
7 31 and this section, requests a court of this State to accept
8 jurisdiction of a child found by the requesting court to have
9 committed a delinquent act or to be an unruly or deprived child,
10 and the court of this State finds, after investigation that the
11 child is, or is about to become, a resident of the county in
12 which the court presides, it shall promptly and not later than
13 fourteen days after receiving the request issue its acceptance
14 in writing to the requesting court and direct its probation
15 officer or other person designated by it to take physical
16 custody of the child from the requesting court and bring him
17 before the court of this State or make other appropriate
18 provisions for his appearance before the court.
19 (b) Upon the filing of certified copies of the orders of the
20 requesting court (i) determining that the child committed a
21 delinquent act or an unruly or deprived child, and (ii)
22 committing the child to the jurisdiction of the court of this
23 State, the court of this State shall immediately fix a time for
24 a hearing on the need for treatment, supervision or
25 rehabilitation and disposition of the child or on the
26 continuance of any probation or protective supervision.
27 (c) The hearing and notice thereof and all subsequent
28 proceedings are governed by this act. The court may make any
29 order of disposition permitted by the facts and this act. The
30 orders of the requesting court are conclusive that the child
19710S0439B2192 - 25 -
1 committed the delinquent act or is an unruly or deprived child
2 and of the facts found by the court in making the orders. If the
3 requesting court has made an order placing the child on
4 probation or under protective supervision, a like order shall be
5 entered by the court of this State.
6 Section 33. Ordering Out-of-State Supervision.--(a) Subject
7 to the provisions of this act governing dispositions and to the
8 extent that funds of the county are available the court may
9 place a child in the custody of a suitable person in another
10 state. On obtaining the written consent of a juvenile court of
11 another state which has adopted the Uniform Juvenile Court Act
12 or a substantially similar act which includes provisions
13 corresponding to this section and section 34, the court of this
14 State may order that the child be placed under the supervision
15 of a probation officer or other appropriate official designated
16 by the accepting court. One certified copy of the order shall be
17 sent to the accepting court and another filed with the clerk of
18 the requesting court of this State.
19 (b) The reasonable cost of the supervision including the
20 expenses of necessary travel shall be borne by the county of the
21 requesting court of this State. Upon receiving a certified
22 statement signed by the judge of the accepting court of the cost
23 incurred by the supervision the court of this State shall
24 certify if it so appears that the sum so stated was reasonably
25 incurred and file it with the appropriate officials of the
26 county for payment. The appropriate officials shall thereupon
27 issue a warrant for the sum stated, payable to the appropriate
28 officials of the county of the accepting court.
29 Section 34. Supervision Under Out-of-State Order.--(a) Upon
30 receiving a request of a juvenile court of another state which
19710S0439B2192 - 26 -
1 has adopted the Uniform Juvenile Court Act, or a substantially
2 similar act which includes provisions corresponding to section
3 33 and this section to provide supervision of a child under the
4 jurisdiction of that court, a court of this State may issue its
5 written acceptance to the requesting court and designate its
6 probation or other appropriate officer who is to provide
7 supervision, stating the probable cost per day therefor.
8 (b) Upon the receipt and filing of a certified copy of the
9 order of the requesting court placing the child under the
10 supervision of the officer so designated the officer shall
11 arrange for the reception of the child from the requesting
12 court, provide supervision pursuant to the order and this act,
13 and report thereon from time to time together with any
14 recommendations he may have to the requesting court.
15 (c) The court in this State from time to time shall certify
16 to the requesting court the cost of supervision that has been
17 incurred and request payment therefor from the appropriate
18 officials of the county of the requesting court to the
19 appropriate officials of the county of the accepting court.
20 (d) The court of this State at any time may terminate
21 supervision by notifying the requesting court. In that case, or
22 if the supervision is terminated by the requesting court, the
23 probation officer supervising the child shall return the child
24 to a representative of the requesting court authorized to
25 receive him.
26 Section 35. Powers of Out-of-State Probation Officers.--If a
27 child has been placed on probation or protective supervision by
28 a juvenile court of another state which has adopted the Uniform
29 Juvenile Court Act or a substantially similar act which includes
30 provisions corresponding to this section, and the child is in
19710S0439B2192 - 27 -
1 this State with or without the permission of that court, the
2 probation officer of that court or other person designated by
3 that court to supervise or take custody of the child has all the
4 powers and privileges in this State with respect to the child as
5 given by this act to like officers or persons of this State
6 including the right of visitation, counseling, control, and
7 direction, taking into custody, and returning to that state.
8 Section 36. Costs and Expenses for Care of Child.--(a) The
9 following expenses shall be paid one-half by the Department of
10 Public Welfare and one-half by the county, upon certification
11 thereof by the court:
12 (1) The cost of medical and other examinations and treatment
13 of a child ordered by the court.
14 (2) The cost of care and support of a child committed by the
15 court to the legal custody of a public agency approved by the
16 Department of Public Welfare other than one operated by the
17 Department of Public Welfare, or to a private agency approved by
18 the Department of Public Welfare, or individual other than a
19 parent.
20 (3) The expense of service of summons, warrants, notices,
21 subpoenas, travel expense of witnesses, transportation of the
22 child, and other like expenses incurred in the proceedings under
23 this act.
24 (b) If, after due notice to the parents or other persons
25 legally obligated to care for and support the child, and after
26 affording them an opportunity to be heard, the court finds that
27 they are financially able to pay all or part of the costs and
28 expenses stated in clauses (1), (2) and (3) of subsection (a),
29 the court may order them to pay the same and prescribe the
30 manner of payment. Unless otherwise ordered, payment shall be
19710S0439B2192 - 28 -
1 made to the clerk of the court for remittance to the person to
2 whom compensation is due, or if the costs and expenses have been
3 paid by the county, to the appropriate officer of the county.
4 Section 37. Inspection of Court Files and Records.--All
5 files and records of the court in a proceeding under this act
6 are open to inspection only by:
7 (1) The judge, officers, and professional staff of the
8 court.
9 (2) The parties to the proceeding and their counsel and
10 representatives, but the person in this category shall not be
11 permitted to see reports revealing the names of confidential
12 sources of information contained in social reports, except at
13 the discretion of the court.
14 (3) A public or private agency or institution providing
15 supervision or having custody of the child under order of the
16 court.
17 (4) A court and its probation and other officials or
18 professional staff and the attorney for the defendant for use in
19 preparing a presentence report in a criminal case in which the
20 defendant is convicted and who prior thereto had been a party to
21 the proceeding in juvenile court.
22 (5) With leave of court, any other person or agency or
23 institution having a legitimate interest in the proceedings or
24 in the work of the courts.
25 Section 38. Law Enforcement Records.--Law enforcement
26 records and files concerning a child shall be kept separate from
27 the records and files of arrests of adults. Unless a charge of
28 delinquency is transferred for criminal prosecution under
29 section 28, the interest of national security requires, or the
30 court otherwise orders in the interest of the child, the records
19710S0439B2192 - 29 -
1 and files shall not be open to public inspection or their
2 contents disclosed to the public; but inspection of the records
3 and files is permitted by:
4 (1) The court having the child before it in any proceeding;
5 (2) Counsel for a party to the proceeding;
6 (3) The officers of institutions or agencies to whom the
7 child is committed;
8 (4) Law enforcement officers of other jurisdictions when
9 necessary for the discharge of their official duties; and
10 (5) A court in which he is convicted of a criminal offense
11 for the purpose of a presentence report or other dispositional
12 proceeding, or by officials of penal institutions and other
13 penal facilities to which he is committed, or by a parole board
14 in considering his parole or discharge or in exercising
15 supervision over him.
16 Section 39. Contempt Powers.--The court may punish a person
17 for contempt of court for disobeying an order of the court or
18 for obstructing or interfering with the proceedings of the court
19 or the enforcement of its orders subject to the laws relating to
20 the procedures therefor and the limitations thereon.
21 Section 40. Repeals.--(a) The following acts are repealed
22 absolutely:
23 (1) The act of June 2, 1933 (P.L.1433), known as "The
24 Juvenile Court Law."
25 (2) The act of June 3, 1933 (P.L.1449), known as the
26 "Juvenile Court Law of Allegheny County."
27 (b) All other acts and parts of acts, general, local, and
28 special, are repealed in so far as they are inconsistent
29 herewith.
30 Section 41. Effective Date.--This act shall take effect in
19710S0439B2192 - 30 -
1 sixty days.
C8L10AJG/19710S0439B2192 - 31 -