JUVENILE JUSTICE:JUVENILE JUSTICE:AN OVERVIEW FOR THE NEW JUDGEAN OVERVIEW FOR THE NEW JUDGE

Presented byPresented by

Judge Kim Berkeley ClarkJudge Kim Berkeley Clark

&&

Judge Kenneth ValasekJudge Kenneth Valasek

WHAT TO EXPECT TODAYWHAT TO EXPECT TODAY

The Adoption and Safe Families Act of 1997The Adoption and Safe Families Act of 1997 Purposes of the Pennsylvania Juvenile ActPurposes of the Pennsylvania Juvenile Act Pennsylvania Rules of Juvenile Court Pennsylvania Rules of Juvenile Court

ProcedureProcedure A Quick Trip Through a Dependency A Quick Trip Through a Dependency

ProceedingProceeding A Lightning Trip Through a Delinquency A Lightning Trip Through a Delinquency

ProceedingProceeding Two Minutes Twenty Seconds with CPSLTwo Minutes Twenty Seconds with CPSL Pop Quiz with Handsome PrizesPop Quiz with Handsome Prizes

THE ADOPTION AND SAFE THE ADOPTION AND SAFE FAMILIES ACT OF 1997FAMILIES ACT OF 1997

What motivated What motivated Congress?Congress?

What changes did What changes did Congress hope to Congress hope to bring about?bring about?

PA complies: Act PA complies: Act No. 1998-126No. 1998-126

THE PENNSYLVANIA JUVENILE THE PENNSYLVANIA JUVENILE ACTACT

Sections 6301 to Sections 6301 to 6365 of the Judicial 6365 of the Judicial Code (Title 42 of Code (Title 42 of Pa.C.S.) comprise Pa.C.S.) comprise the Juvenile Act.the Juvenile Act.

PurposesPurposes

The Juvenile Act recites its purposes The Juvenile Act recites its purposes in its very first section. One of these in its very first section. One of these five enumerated purposes deals five enumerated purposes deals exclusively with exclusively with delinquencydelinquency cases. cases. The rest deal in whole or in part with The rest deal in whole or in part with dependency dependency cases.cases. We’ll now We’ll now discuss the purposes of the Act discuss the purposes of the Act insofar as they relate to dependency.insofar as they relate to dependency.

Family UnityFamily Unity

To preserve the unity of the family To preserve the unity of the family whenever possible whenever possible or to provide or to provide another alternative permanent family another alternative permanent family when the unity of the family cannot when the unity of the family cannot be maintained. be maintained. Section 6301 (b)(1)Section 6301 (b)(1)

To achieve the purposes of the Act in a To achieve the purposes of the Act in a family environment whenever possible, family environment whenever possible, separating child from family only when separating child from family only when necessary for his welfare, safety, health… necessary for his welfare, safety, health… Section 6301 (b)(3) Section 6301 (b)(3)

CareCare

To provide for the care, protection, To provide for the care, protection, safety and wholesome mental and safety and wholesome mental and physical development of children physical development of children coming within the provisions of this coming within the provisions of this chapter. Section 6301 (b)(1.1)chapter. Section 6301 (b)(1.1)

Legal RightsLegal Rights

To provide means in which… the To provide means in which… the parties are assured a fair hearing and parties are assured a fair hearing and [in which] their constitutional and [in which] their constitutional and other legal rights [are] recognized other legal rights [are] recognized and enforced. Section 6301(b)(4) and enforced. Section 6301(b)(4)

RULES OF PROCEDURERULES OF PROCEDURE

100 thru 800 deal 100 thru 800 deal with delinquencywith delinquency

1100 thru 1800 1100 thru 1800 deal with deal with dependencydependency

MODEL ORDERSMODEL ORDERS

A QUICK TRIP THROUGH A A QUICK TRIP THROUGH A DEPENDENCY PROCEEDINGDEPENDENCY PROCEEDING

The Early StagesThe Early Stages

A proceeding may be commenced in A proceeding may be commenced in any of several different ways, any of several different ways, including…including…

By the filing of a By the filing of a dependency dependency petition…petition…

Rule 1200(1)Rule 1200(1) Section 6321 (a)Section 6321 (a)

With a protective custody With a protective custody applicationapplication

In emergency situation, a In emergency situation, a protective custody protective custody application can be filed.application can be filed.

Results in a court order Results in a court order OK’ing taking the child into OK’ing taking the child into custody immediatelycustody immediately

Removal from home is Removal from home is necessary for the welfare of necessary for the welfare of the childthe child

Rule 1200 (2) & (3)Rule 1200 (2) & (3) Rule 1210Rule 1210 Section 6324 (1)Section 6324 (1) 23 Pa.C.S. 631523 Pa.C.S. 6315

……or by taking the child into custodyor by taking the child into custody

Rule 1200 (3)Rule 1200 (3) Section 6321(a)Section 6321(a) This prompts us This prompts us

to ask…to ask…

When may a child be taken into When may a child be taken into custody pursuant to statutory custody pursuant to statutory authority, without a court order?authority, without a court order?

ArrestArrest

Pursuant to the Pursuant to the laws of arrestlaws of arrest

Applicable to Applicable to delinquency delinquency cases for the cases for the most partmost part

Section 6324 (2)Section 6324 (2) Rule 200Rule 200

Danger!Danger!

By cop or JPO onlyBy cop or JPO only IllnessIllness InjuryInjury Imminent DangerImminent Danger Removal NecessaryRemoval Necessary Rule 1202 (A)(1)Rule 1202 (A)(1) Section 6324 (3)Section 6324 (3)

RunawayRunaway

Only by cop?Only by cop? Rule 1202 (A)(1)Rule 1202 (A)(1) Section 6324 (4)Section 6324 (4) InconsistencyInconsistency

Who or what is a “child?”Who or what is a “child?”

For dependencyFor dependency (not delinquency) purposes (not delinquency) purposes

A person less than 18 years old orA person less than 18 years old or A person older than 18 who, while A person older than 18 who, while

engaged in a course of instruction or engaged in a course of instruction or treatment, asks the court to retain treatment, asks the court to retain jurisdiction until the course is jurisdiction until the course is completedcompleted

Never beyond 21Never beyond 21 Rule 1120Rule 1120 Section 6302Section 6302

A child is taken into custody.A child is taken into custody.Then what?Then what?

Option #1Option #1

The person The person taking the child taking the child into custody into custody gives the child gives the child back to the back to the parents.parents.

Section 6326 (a)Section 6326 (a)

Option #2Option #2

Takes the child Takes the child to a shelter care to a shelter care facilityfacility

Rule 1202 (C)Rule 1202 (C) Petition must be Petition must be

filed w/i 24 hoursfiled w/i 24 hours Rule 1240 (A)Rule 1240 (A)

23 Pa.C.S. Section 631523 Pa.C.S. Section 6315Child Protective Services LawChild Protective Services Law

NOTE: If the child is taken into NOTE: If the child is taken into custody because of the suspicion of custody because of the suspicion of physical or sexual abuse, the custody physical or sexual abuse, the custody cannot be maintained longer than 24 cannot be maintained longer than 24 hours without CYS obtaining a court hours without CYS obtaining a court order permitting it to continue. The order permitting it to continue. The law says that a judge should always law says that a judge should always be available in each jurisdiction to be available in each jurisdiction to handle this situation.handle this situation.

If the child is placed in shelter If the child is placed in shelter carecare

w/i 72 hoursw/i 72 hours an informal hearing before the courtan informal hearing before the court

Rule 1242 (D)Rule 1242 (D)

Section 6332Section 6332

72-Hour Shelter Care Hearing72-Hour Shelter Care Hearing

Issue: Should the child be kept in a Issue: Should the child be kept in a shelter care facility pending the shelter care facility pending the adjudication hearing?adjudication hearing?

Check out Rule 1242 and Section Check out Rule 1242 and Section 6332 to see how the hearing should 6332 to see how the hearing should be conducted.be conducted.

Check out Section 6325 to learn the Check out Section 6325 to learn the grounds for continuation of shelter grounds for continuation of shelter care.care.

Grounds to Temporarily Place Grounds to Temporarily Place in Shelter Carein Shelter Care

Protection of person or property of Protection of person or property of the child.the child.

Protection of person or property of Protection of person or property of others (pertains to delinquency).others (pertains to delinquency).

Risk of absconding or removal from Risk of absconding or removal from jurisdiction.jurisdiction.

Lack of capable parent or guardianLack of capable parent or guardian Section 6325 & Rule 1242 (C)Section 6325 & Rule 1242 (C)

Conducting the shelter care hearingConducting the shelter care hearing

““Informal but orderly manner”Informal but orderly manner” Very relaxed rules of evidenceVery relaxed rules of evidence Possibly be unrepresented parties at Possibly be unrepresented parties at

this hearingthis hearing Possible that parents will not even be Possible that parents will not even be

therethere

Required Findings for Continuation Required Findings for Continuation in Shelter Carein Shelter Care

that there are grounds to do sothat there are grounds to do so allowing child to remain would be allowing child to remain would be

contrary to welfarecontrary to welfare least restrictive alternativeleast restrictive alternative reasonable effortsreasonable efforts determination determination

Time Constraint afterTime Constraint after72-Hour Hearing72-Hour Hearing

If the court decides that further If the court decides that further temporary shelter care of the child is temporary shelter care of the child is warranted, the adjudication hearing warranted, the adjudication hearing must be held within 10 days of the must be held within 10 days of the filing of the petition.filing of the petition.

Rule 1404 (A)Rule 1404 (A) Section 6335 (a)Section 6335 (a)

We interrupt this broadcast…We interrupt this broadcast…

TWO MINUTE DRILL #1TWO MINUTE DRILL #1

The Adjudication Hearing:The Adjudication Hearing:Before you walk through the door Before you walk through the door

into your courtroom…into your courtroom…

……should you be curious about should you be curious about anything?anything?

Suggested answer: yesSuggested answer: yes Take a look at the petition.Take a look at the petition. First, determine what grounds have First, determine what grounds have

been alleged for finding that the child been alleged for finding that the child is dependent.is dependent.

Second, determine if any Second, determine if any aggravated aggravated circumstancescircumstances have been alleged. have been alleged.

Definition of “Dependent Definition of “Dependent Child”Child”

Actually 10 definitions - count ‘em.Actually 10 definitions - count ‘em. Section 6302: DefinitionsSection 6302: Definitions Let’s go there.Let’s go there.

The Most Commonly The Most Commonly Alleged Grounds:Alleged Grounds:

(1) …without proper parental care(1) …without proper parental care

(5) …habitually truant(5) …habitually truant

(6) …ungovernable by parents(6) …ungovernable by parents

Definition of Definition of “Aggravated Circumstances”“Aggravated Circumstances”

Actually, 9 definitions – count ‘em.Actually, 9 definitions – count ‘em. Section 6302: DefinitionsSection 6302: Definitions Let’s go there.Let’s go there.

You’ve just seated yourself in your You’ve just seated yourself in your courtroom. You survey your courtroom. You survey your

domain. Whom should you expect domain. Whom should you expect to be seated at counsel table?to be seated at counsel table?

CYS?CYS?

Statutorily charged together with Statutorily charged together with DPWDPW

Solicitor and caseworkerSolicitor and caseworker Nearly 100% of dependency petitions Nearly 100% of dependency petitions

are filed by CYS.are filed by CYS. Rule 1320 – private petitionsRule 1320 – private petitions

The Child?The Child?

The child must be summoned if he is The child must be summoned if he is 14 or older. (In delinquency cases, 14 or older. (In delinquency cases, the child must always be the child must always be summoned.)summoned.)

Section 6335 (a)Section 6335 (a) Not uncommon for younger children Not uncommon for younger children

not to be there.not to be there.

The Parents?The Parents?

The parents must be summoned.The parents must be summoned. Rule 1360Rule 1360 Section 6335 (a)Section 6335 (a) The court can order the parents to The court can order the parents to

bring the child.bring the child. Section 6335 (b)Section 6335 (b) Rule 1360 (B)Rule 1360 (B)

Advocate(s) for the Child?Advocate(s) for the Child?

A lawyer?A lawyer? A guardian ad litem?A guardian ad litem? A CASA?A CASA?

Child’s Right to CounselChild’s Right to Counsel

Child has right to appointed counsel Child has right to appointed counsel when the alleged grounds for a when the alleged grounds for a dependency finding involve dependency finding involve misconduct of the child.misconduct of the child.

Examples: truancy and habitual Examples: truancy and habitual disobediencedisobedience

Rule 1151(B)Rule 1151(B) Section 6337Section 6337

Right to GALRight to GAL

Child has right to a court appointed Child has right to a court appointed guardian ad litem when the alleged guardian ad litem when the alleged grounds for dependency involve grounds for dependency involve parental misconduct.parental misconduct.

Examples: “without proper parental Examples: “without proper parental care or control” and abandonmentcare or control” and abandonment

Rule 1151 (A) and Rule 1154Rule 1151 (A) and Rule 1154 Section 6311Section 6311

What if a child has both?What if a child has both?

Counsel represents the child’s Counsel represents the child’s legallegal interests.interests.

GAL represents the child’s GAL represents the child’s best best interests.interests.

Query: adversarial role for both? Query: adversarial role for both? Rule 1151 (C)Rule 1151 (C) By the way, a GAL must be a lawyer.By the way, a GAL must be a lawyer. Section 6311 (a)Section 6311 (a)

What is a CASA?What is a CASA?

CASA, continuedCASA, continued

Section 6342Section 6342 May be appointed by the court in May be appointed by the court in

dependency cases.dependency cases. No requirement that CASA be a No requirement that CASA be a

lawyer.lawyer. Qualifications, powers, dutiesQualifications, powers, duties Court prescribes training.Court prescribes training. An informed advocateAn informed advocate Partial immunity from civil liabilityPartial immunity from civil liability

Recall Our Original Question:Recall Our Original Question:Who Should Be In Your Who Should Be In Your

Courtroom?Courtroom?

Parents’ Right to CounselParents’ Right to Counsel

Right to hire counsel and be Right to hire counsel and be representedrepresented

If indigent, right to appointed counselIf indigent, right to appointed counsel Rule 1151 (E)Rule 1151 (E) Section 6337Section 6337

Foster Parents?Foster Parents?

Unlikely that the child will even have Unlikely that the child will even have foster parents at time of adjudication foster parents at time of adjudication hearing.hearing.

More likely in later proceedingsMore likely in later proceedings Foster parents to receive notice of all Foster parents to receive notice of all

hearings.hearings. Opportunity to be heardOpportunity to be heard Section 6336.1Section 6336.1

A Note About VictimsA Note About Victims

In delinquency proceedings, a victim In delinquency proceedings, a victim and his lawyer have a right to be and his lawyer have a right to be present.present.

Section 6336 (d)Section 6336 (d)

You’re finally satisfied You’re finally satisfied that all the parties are that all the parties are present and properly present and properly represented. Then represented. Then suddenly, through the suddenly, through the courtroom door, enter…courtroom door, enter…

……two newspaper reporters.two newspaper reporters.

What About General Public?What About General Public?

Under Section 6336 (d), general Under Section 6336 (d), general public is to be excluded.public is to be excluded.

There are certain exceptions in There are certain exceptions in delinquency cases.delinquency cases.

But wait…But wait…

In the Interest of: M.B & J.B.In the Interest of: M.B & J.B.

Appeal of PG Publishing Co.Appeal of PG Publishing Co.

819 A.2d 59 (PA Super. 2003)819 A.2d 59 (PA Super. 2003)

You’re Ready to Begin the You’re Ready to Begin the HearingHearing

What is the applicable burden of What is the applicable burden of proof?proof?

It’s a civil case: it must be a It’s a civil case: it must be a preponderance of the evidence preponderance of the evidence standard, correct?standard, correct?

Wrong!Wrong!

On the issue of dependency – clear On the issue of dependency – clear and convincing evidenceand convincing evidence

Rule 1408Rule 1408 Section 6341 (c)Section 6341 (c) On the issue of aggravated On the issue of aggravated

circumstance – clear and convincing circumstance – clear and convincing evidenceevidence

Section 6341 (c.1)Section 6341 (c.1)

Can Can DEPENDENCY DEPENDENCY be stipulated?be stipulated?

Rule 1405 governs stipulations.Rule 1405 governs stipulations. Parties can stipulate to certain Parties can stipulate to certain

things, such as facts, place of child’s things, such as facts, place of child’s placement, visitation schedules, etc.placement, visitation schedules, etc.

Court can reject the stipulations.Court can reject the stipulations. Is “The child is dependent” a proper Is “The child is dependent” a proper

stipulation for the court to accept?stipulation for the court to accept?

TWOTWO MINUTE DRILL #2MINUTE DRILL #2

Child is dependent: Then Child is dependent: Then what?what?

On to the disposition hearingOn to the disposition hearing See the flow chart.See the flow chart.

Child is dependent and there is Child is dependent and there is an aggravated circumstance:an aggravated circumstance:

Then what?Then what? A “reasonable efforts” determination A “reasonable efforts” determination

must be made.must be made. Shall reasonable efforts thereafter be Shall reasonable efforts thereafter be

made to preserve or reunify the family?made to preserve or reunify the family? Important call!Important call! Rule 1705 (B)Rule 1705 (B) Section 6341 (c.1)Section 6341 (c.1) In any event, on to the disposition In any event, on to the disposition

hearing.hearing.

The Dispositional HearingThe Dispositional Hearing

““Informal but orderly”Informal but orderly” Relaxed rules of evidenceRelaxed rules of evidence Rule 1512 (A)Rule 1512 (A) Section 6341 (d)Section 6341 (d) 20-day requirement for child in 20-day requirement for child in

shelter careshelter care Rule 1510Rule 1510 Section 6341 (c)Section 6341 (c)

Options Available to YouOptions Available to You

Permit child to remain with parents Permit child to remain with parents upon certain conditions, including upon certain conditions, including protective supervision by CYSprotective supervision by CYS

Transfer temporary legal custody to Transfer temporary legal custody to any fit person, a licensed organization any fit person, a licensed organization or an appropriate public agencyor an appropriate public agency

Transfer permanent legal custody to a Transfer permanent legal custody to a fit person, including a relativefit person, including a relative

Section 6351 (a)Section 6351 (a)

You are the BOSS!You are the BOSS!

If placement is yourIf placement is your tentative choice… tentative choice…

……certain pre-placement findings must be certain pre-placement findings must be mademade

First, continuation in home is contrary to First, continuation in home is contrary to child’s welfare, safety or health.child’s welfare, safety or health.

Second, reasonable efforts were made to Second, reasonable efforts were made to prevent placement, or were not prevent placement, or were not reasonably possible, or are currently under reasonably possible, or are currently under way to facilitate the child’s returning homeway to facilitate the child’s returning home

Rule 1514Rule 1514 Section 6351 (b)Section 6351 (b)

As BOSS, you may…As BOSS, you may…

Order CYS to provide or arrange for Order CYS to provide or arrange for any service you deem to be necessary.any service you deem to be necessary.

55 Pa.Code Section 3130.38 (a)55 Pa.Code Section 3130.38 (a) Order a parent to participate in Order a parent to participate in

treatment or counseling, and enforce treatment or counseling, and enforce your directive with contempt powers.your directive with contempt powers.

Section 6310 (a) & (c)Section 6310 (a) & (c) Rule 1515 (A)Rule 1515 (A)

The Permanency HearingThe Permanency Hearing

General Purposes of the General Purposes of the HearingHearing

Review the permanency plan.Review the permanency plan. Determine if everyone, including CYS, Determine if everyone, including CYS,

the parents and the child, is doing the parents and the child, is doing everything required of them by the everything required of them by the plan.plan.

Modify the plan when appropriate.Modify the plan when appropriate. Determine if placement is still the best Determine if placement is still the best

coursecourse Rule 1608Rule 1608 Section 6351 (e) thru (i)Section 6351 (e) thru (i)

When are they held?When are they held?

Sometimes they are discretionary and Sometimes they are discretionary and need not be held. Section 6351 (h)need not be held. Section 6351 (h)

Sometimes they must be held within 30 Sometimes they must be held within 30 days of certain stated events. Rule 1607; days of certain stated events. Rule 1607; Section 6351 (e)(3)(ii)Section 6351 (e)(3)(ii)

Usually, though, within 6 months of initial Usually, though, within 6 months of initial removal of child from home and within removal of child from home and within every 6 months thereafter. Rule 1607: every 6 months thereafter. Rule 1607: Section 6351 (e)(3)(i)Section 6351 (e)(3)(i)

Trend: every 3 monthsTrend: every 3 months

What’s a Permanency Plan?What’s a Permanency Plan?

Simply stated, a permanency plan is a plan usually devised by CYS with parental input that creates a permanency goal for the child and that establishes concrete actions that the interested parties must undertake if the goal is to be achieved. A typical plan will specifically state what services each party must avail himself of so that the goal may be accomplished.

What goals may be chosen?What goals may be chosen?

Return of child to his own homeReturn of child to his own home Placement in home of fit relativePlacement in home of fit relative AdoptionAdoption Placement with permanent legal Placement with permanent legal

custodiancustodian Independent livingIndependent living Any other appropriate, court-Any other appropriate, court-

approved permanent placementapproved permanent placement 55 Pa. Code Section 3130.6755 Pa. Code Section 3130.67

A Reminder: You’re the A Reminder: You’re the BOSS!BOSS!

You have the authority and duty to You have the authority and duty to modify the plan when it’s appropriate modify the plan when it’s appropriate to do so. For instance, you may to do so. For instance, you may direct that certain services be offered direct that certain services be offered the parents in order to accomplish the parents in order to accomplish the permanency goal.the permanency goal.

You have the right and duty to You have the right and duty to change the permanency goal when change the permanency goal when it’s appropriate.it’s appropriate.

A Special Circumstance:A Special Circumstance:

15 of last 22 15 of last 22 months in months in placementplacement

A Googol of Special FindingsA Googol of Special Findings

See Sections 6351 (f).See Sections 6351 (f). Rules 1608 and 1609Rules 1608 and 1609 Rely on the JCJC model order.Rely on the JCJC model order.

TWO MINUTE DRILL #3TWO MINUTE DRILL #3

A LIGHTNING TRIP THRU A A LIGHTNING TRIP THRU A DELINQUENCY PROCEEDINGDELINQUENCY PROCEEDING

What we’ll coverWhat we’ll cover

Another look at Act’s purposesAnother look at Act’s purposes A few important definitionsA few important definitions TransfersTransfers Detention prior to adjudicationDetention prior to adjudication Miscellany about the hearingMiscellany about the hearing Disposition optionsDisposition options

Great similarity!Great similarity!

Many ways parallel to criminal courtMany ways parallel to criminal court Also, a good deal of similarity to the Also, a good deal of similarity to the

procedure in a dependency case, procedure in a dependency case, e.g., time requirements, permanency e.g., time requirements, permanency hearings, etc.hearings, etc.

The Purposes of the Act:The Purposes of the Act:A RevisitingA Revisiting

If you recall, we thus far have looked If you recall, we thus far have looked at the purposes of the Juvenile Act at the purposes of the Juvenile Act only insofar as they relate to only insofar as they relate to dependency cases. Now let’s take a dependency cases. Now let’s take a look at the purposes that deal with look at the purposes that deal with delinquency.delinquency.

Balanced and Restorative Balanced and Restorative JusticeJustice

Consistent with the protection of the public Consistent with the protection of the public interest, to provide for children committing interest, to provide for children committing delinquent acts programs of supervision, delinquent acts programs of supervision, care and rehabilitation which provide care and rehabilitation which provide balanced attention to the protection of the balanced attention to the protection of the community, the imposition of community, the imposition of accountability for offenses committed and accountability for offenses committed and the development of competencies to the development of competencies to enable children to become responsible and enable children to become responsible and productive members of the community. productive members of the community. Section 6301 (b)(2)Section 6301 (b)(2)

Family UnityFamily Unity

To achieve the foregoing purposes in To achieve the foregoing purposes in a family environment whenever a family environment whenever possible, separating the child from possible, separating the child from parents only when necessary for his parents only when necessary for his welfare, safety or health or in the welfare, safety or health or in the interests of public safety. Section interests of public safety. Section 6301 (b)(3)6301 (b)(3)

Definition: JuvenileDefinition: Juvenile

A person who has attained ten years of A person who has attained ten years of age and is not yet twenty-one years of age age and is not yet twenty-one years of age who is alleged to have committed a who is alleged to have committed a delinquent act before reaching eighteen delinquent act before reaching eighteen years of age.years of age.

Pa.R.J.C.P 120Pa.R.J.C.P 120 Section 6302Section 6302 What happens when a child less than ten What happens when a child less than ten

years of age commits a delinquent act? years of age commits a delinquent act? See Dependent child, definition seven See Dependent child, definition seven

Definition: Delinquent ActDefinition: Delinquent Act

Generally, any criminal actGenerally, any criminal act Summary offenses are excluded in Summary offenses are excluded in

most instances.most instances. More importantly, murder & certain More importantly, murder & certain

serious felonies such as rape and serious felonies such as rape and robbery where the child is 15 or older robbery where the child is 15 or older and a deadly weapon is used, are and a deadly weapon is used, are excluded from the definition.excluded from the definition.

A glance at Section 6301 is a mustA glance at Section 6301 is a must

This brings us to the topic of…This brings us to the topic of…

From Juvenile to Criminal CourtFrom Juvenile to Criminal Court

Section 6355 lays it all out, but we’ll Section 6355 lays it all out, but we’ll give you the basics here.give you the basics here.

Commonwealth files a petition to Commonwealth files a petition to transfer.transfer.

Interestingly, a juvenile may also do so.Interestingly, a juvenile may also do so. A hearing is held upon the petition.A hearing is held upon the petition. Prima facie casePrima facie case FelonyFelony Child is 14 years of age or olderChild is 14 years of age or older

Transfer to Criminal Court, Transfer to Criminal Court, continuedcontinued

Public interest served (extensively explained Public interest served (extensively explained in Section 6355)in Section 6355)

Child not committable to institution for Child not committable to institution for mental health or mental retardation mental health or mental retardation problems.problems.

Burden of proof is preponderance of evidenceBurden of proof is preponderance of evidence Section 6355 (g)Section 6355 (g) Burden, in most cases, is upon the juvenile to Burden, in most cases, is upon the juvenile to

establish amenability to treatment, etc. and establish amenability to treatment, etc. and that public interest would be served if tried that public interest would be served if tried as a juvenileas a juvenile

Vice Versa:Vice Versa:A Transfer from Criminal Court A Transfer from Criminal Court

to Juvenileto Juvenile

Do you remember the offenses Do you remember the offenses excluded from the definition of excluded from the definition of “delinquent act?”“delinquent act?”

Murder, rape, robbery, etc.Murder, rape, robbery, etc. These offenses will be tried in criminal These offenses will be tried in criminal

court, unless the child petitions for a court, unless the child petitions for a transfer to juvenile court.transfer to juvenile court.

Section 6322Section 6322

Factors to be Considered Factors to be Considered &&

Burden of ProofBurden of Proof

Will a transfer serve the public Will a transfer serve the public interest?interest?

Child carries the burden of proof.Child carries the burden of proof. Section 6322Section 6322

The Issue Of Detention:The Issue Of Detention:Where and Under What Where and Under What

Circumstances?Circumstances?

Where?Where?

An allegedly delinquent child can be An allegedly delinquent child can be detained after initially being taken detained after initially being taken into custody in any facility where an into custody in any facility where an allegedly dependent child may be allegedly dependent child may be sheltered. In addition…sheltered. In addition…

Where?Where?

The child may be The child may be kept in a detention kept in a detention facility.facility.

Section 6327Section 6327 Detention facility is Detention facility is

where an allegedly where an allegedly delinquent child is delinquent child is usually detained.usually detained.

Detention in jail Detention in jail prohibitedprohibited..

Circumstances Permitting Circumstances Permitting Detention Detention

Informal detention hearing must take Informal detention hearing must take place within 72 hours. § 6331 & place within 72 hours. § 6331 & Pa.R.J.C.P. 240 C.Pa.R.J.C.P. 240 C.

Petition must be filed within 24 Petition must be filed within 24 hours, if child not released.hours, if child not released.

Hearing must be scheduled within 10 Hearing must be scheduled within 10 days. The court may grant a days. The court may grant a continuance for 10 days under continuance for 10 days under certain circumstances. § 6335 & certain circumstances. § 6335 & Pa.R.J.C.P. 240 D.Pa.R.J.C.P. 240 D.

TWO MINUTE DRILL #4TWO MINUTE DRILL #4

The Adjudication HearingThe Adjudication Hearing

Burden of proof: beyond a Burden of proof: beyond a reasonable doubt.reasonable doubt.

Section 6341 (b)Section 6341 (b) ARD in juvenile court: consent ARD in juvenile court: consent

decrees.decrees. Pa.R.J.C.P. 370Pa.R.J.C.P. 370 Section 6340Section 6340

Are Guilty Pleas OK?Are Guilty Pleas OK?

Yes! But they’re not called that.Yes! But they’re not called that.

Pa.R.J.C.P.407, entitled Pa.R.J.C.P.407, entitled AdmissionsAdmissions ““At any time after a petition is filed, At any time after a petition is filed,

the juvenile may tender an admission the juvenile may tender an admission to the facts, adjudication of to the facts, adjudication of delinquency,and/or disposition.”delinquency,and/or disposition.”

A colloquy with the juvenile is A colloquy with the juvenile is required. required.

The Adjudicatory Hearing is over.The Adjudicatory Hearing is over.

Now, based on the evidence or the Now, based on the evidence or the admissions, the judge must enter findings admissions, the judge must enter findings as to which, if any, offenses were as to which, if any, offenses were committed by the juvenile.committed by the juvenile.

The findings must include the grading of The findings must include the grading of each offense and the number of counts.each offense and the number of counts.

Why the specificity?Why the specificity? DNA fingerprinting done in all feloniesDNA fingerprinting done in all felonies Certain offenses count in PRS in criminal Certain offenses count in PRS in criminal

court.court.

After AdjudicationAfter Adjudication

Perhaps surprisingly, just because Perhaps surprisingly, just because the juvenile has been found to have the juvenile has been found to have committed the offenses, he cannot committed the offenses, he cannot yet be said to be yet be said to be delinquentdelinquent. Why?. Why?

Because he must also be found to be Because he must also be found to be “in need of treatment, supervision, or “in need of treatment, supervision, or rehabilitation.”rehabilitation.”

Pa.R.J.C.P. 409Pa.R.J.C.P. 409 Section 6302 (see definition of Section 6302 (see definition of

delinquent childdelinquent child))

Pa.R.J.C.P. 409Pa.R.J.C.P. 409

““Once the court has ruled on the Once the court has ruled on the offenses… the court shall conduct a offenses… the court shall conduct a hearing to determine if the juvenile is in hearing to determine if the juvenile is in need of treatment, etc.need of treatment, etc.

Absent evidence to the contrary, Absent evidence to the contrary, commission of a felony is enough to commission of a felony is enough to sustain such a finding. Section 6341(b)sustain such a finding. Section 6341(b)

What happens if the child resides in What happens if the child resides in another county?another county?

The Disposition HearingThe Disposition Hearing

Your juvenile probation office most likely will Your juvenile probation office most likely will be making a recommendation to you about be making a recommendation to you about what to do with the child who has been what to do with the child who has been adjudicated delinquent.adjudicated delinquent.

One of your options, of course, will be to allow One of your options, of course, will be to allow the child to remain at home under the child to remain at home under probationary supervision.probationary supervision.

A good juvenile probation officer will be well A good juvenile probation officer will be well acquainted with placement options.acquainted with placement options.

Judges have broad discretion in fashioning the Judges have broad discretion in fashioning the appropriate disposition.appropriate disposition.

Remember BARJ!Remember BARJ!

Placement Options: Placement Options: Facilities Which Address…Facilities Which Address…

Behavior problemsBehavior problems Community protectionCommunity protection Drug and alcohol addictionsDrug and alcohol addictions Psychiatric problemsPsychiatric problems Family issuesFamily issues Educational needsEducational needs Combinations of these thingsCombinations of these things Almost all are nonprofits.Almost all are nonprofits.

Disposition Review Disposition Review (Permanency?) Hearing(Permanency?) Hearing

Generally, at least every 6 months.Generally, at least every 6 months. What is decided at a dispositional review What is decided at a dispositional review

hearing?hearing? Is placement still appropriate?Is placement still appropriate? Are parties compliant with plan?Are parties compliant with plan? What is level of progress?What is level of progress? Is plan and permanency goal still feasible and Is plan and permanency goal still feasible and

when will child reach goal?when will child reach goal? If child is 16 or older, what services are If child is 16 or older, what services are

needed transition to independent living?needed transition to independent living? Identify aftercare/re-entry services.Identify aftercare/re-entry services.

Child Protective Services LawChild Protective Services Law

23 Pa.C.S. Section 6302, et seq. (not 23 Pa.C.S. Section 6302, et seq. (not part of the Juvenile Act)part of the Juvenile Act)

Pertains to child abuse – physical & Pertains to child abuse – physical & sexualsexual

Mandatory reporting by professionalsMandatory reporting by professionals Investigations by CYSInvestigations by CYS Unfounded, indicated and founded re-Unfounded, indicated and founded re-

ports to central registryports to central registry Possible expungementPossible expungement

CPSL, continuedCPSL, continued Immediate protective custody (shelter Immediate protective custody (shelter

care), ratified by court order within 24 care), ratified by court order within 24 hours.hours.

Pari materia: Juvenile Act’s 72-hour Pari materia: Juvenile Act’s 72-hour hearing will follow.hearing will follow.

Allegation of abuse will be made in the Allegation of abuse will be made in the same petition that alleges dependency.same petition that alleges dependency.

Decision on abuse made at hearing on Decision on abuse made at hearing on dependency petition.dependency petition.