Pennsylvania Code
Title 237 - JUVENILE RULES
Part I - RULES
Subpart A - DELINQUENCY MATTERS
Chapter 2 - COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION
Part D - PRE-ADJUDICATORY DETENTION
Rule 242 - Detention Hearing
Universal Citation: 237 PA Code ยง 242
Current through Register Vol. 54, No. 44, November 2, 2024
A. Informing juvenile of rights. Upon commencement of the hearing, the court shall:
1) provide a copy
of the written allegation to the juvenile and the juvenile's guardian, if
present;
2) inform the juvenile of
the right to counsel and to retain private counsel or to be assigned counsel;
and
3) inform the juvenile of the
right to remain silent with respect to any allegation of delinquency.
B. Manner of hearing.
1)
Conduct.
a) The hearing shall
be conducted in an informal but orderly manner.
b) The attorney for the Commonwealth shall:
i) attend the hearing; and
ii) present such evidence as the Commonwealth
deems necessary to support the written allegation and the need for
detention.
2)
Recording. If requested by the juvenile or the Commonwealth,
or if ordered by the court, the hearing shall be recorded by appropriate means.
If not so recorded, full minutes of the hearing shall be kept.
3)
Testimony and evidence.
a) All evidence helpful in determining the
questions presented, including oral or written reports, may be received by the
court and relied upon to the extent of its probative value even though not
competent in the hearing on the petition.
b) The juvenile's attorney and the attorney
for the Commonwealth shall be afforded an opportunity to examine and controvert
written reports so received.
4)
Juvenile's rights. The
juvenile shall be present at the detention hearing and the juvenile's attorney
may:
a) cross-examine witnesses offered
against the juvenile; and
b) offer
evidence or witnesses, if any, pertinent to the probable cause or detention
determination.
5)
Advanced communication technology. A court may utilize
advanced communication technology pursuant to Rule 129 for a juvenile or a
witness unless good cause is shown otherwise.
C. Findings. The court shall determine whether:
1) there is probable cause
that a delinquent act was committed by the juvenile;
2) detention of the juvenile is warranted;
and
3) there are any special needs
of the juvenile that have been identified and that the court deems necessary to
address while the juvenile is in detention.
D. Filing of petition. If a juvenile remains detained after the hearing, a petition shall be filed with the clerk of courts within twenty-four hours or the next court business day.
E. Court's order. At the conclusion of the detention hearing, the court shall enter a written order setting forth its findings pursuant to paragraph (C).
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