Current through Register Vol. 54, No. 44, November 2, 2024
A.
Certification. The
District Attorney of any county may require that an attorney for the
Commonwealth shall file all petitions. If the District Attorney elects to
require an attorney for the Commonwealth to file the petition, the District
Attorney shall file a certification with the court of common pleas. The
certification shall:
1) state that an
attorney for the Commonwealth shall file petitions; and
2) specify any limitations on the filing or
classes of petitions.
B.
Filings. In every delinquency proceeding, the attorney for the
Commonwealth or the juvenile probation officer shall file a petition with the
clerk of courts if it has been determined that informal adjustment or another
diversionary program is inappropriate.
C.
Petition Contents. Every
petition shall set forth plainly:
1) the name
of the petitioner;
2) the name,
date of birth, and address, if known, of the juvenile, or if unknown, a
description of the juvenile;
3) a
statement that:
a) it is in the best interest
of the juvenile and the public that the proceedings be brought; and
b) the juvenile is in need of treatment,
supervision, or rehabilitation;
4) The date when the offense is alleged to
have been committed; provided, however:
a) if
the specific date is unknown, or if the offense is a continuing one, it shall
be sufficient to state that it was committed on or about any date within the
period of limitations; and
b) if
the date or day of the week is an essential element of the offense alleged,
such date or day shall be specifically set forth;
5) The place where the offense is alleged to
have been committed;
6)
a)
i) a
summary of the facts sufficient to advise the juvenile of the nature of the
offense alleged; and
ii) the
official or customary citation of the statute and section, or other provision
of law which the juvenile is alleged to have violated, but an error in such
citation shall not affect the validity or sufficiency of the written
allegation; or
b) a
certification that the juvenile has not complied with the sentence imposed for
a conviction of a summary offense.
7) the name and age of any conspirators, if
known;
8) a statement that the acts
were against the peace and dignity of the Commonwealth of Pennsylvania or in
violation of an ordinance of a political subdivision;
9) a notation indicating whether the juvenile
has or has not been fingerprinted and photographed;
10) a notation if criminal laboratory
services are requested in the case;
11) a verification by the petitioner that the
facts set forth in the petition are true and correct to the petitioner's
personal knowledge, information, or belief, and that any false statements are
subject to the penalties of the Crimes Code,
18 Pa.C.S. §
4904,
relating to unsworn falsification to authorities;
12) the signature of the petitioner and the
date of the execution of the petition;
13) the whereabouts of the juvenile and if
taken into custody, the date and time thereof;
14) the name and address of the juvenile's
guardian, or if unknown, the name and address of the nearest adult relative;
and
15) an averment as to whether
the case is eligible pursuant to
42 Pa.C.S. §
6307(b) (1.1)(ii) for
limited public information.
