Pennsylvania Code
Title 237 - JUVENILE RULES
Part I - RULES
Subpart A - DELINQUENCY MATTERS
Chapter 4 - ADJUDICATORY HEARING
Rule 409 - Adjudication of Delinquency
Universal Citation: 237 PA Code ยง 409
Current through Register Vol. 54, No. 44, November 2, 2024
A. Adjudicating the Juvenile Delinquent. Once the court has ruled on the offenses as provided in Rule 408, the court shall conduct a hearing to determine if the juvenile is in need of treatment, supervision, or rehabilitation.
1)
Not in
Need. If the court determines that the juvenile is not in need of
treatment, supervision, or rehabilitation, the court shall enter an order
providing that:
a) the petition shall be
dismissed and the juvenile shall be released, if detained, unless there are
other reasons for the juvenile's detention; and
b) any records, fingerprints, and photographs
taken shall be expunged or destroyed.
2)
In Need.
a) If the court determines that the juvenile
is in need of treatment, supervision, or rehabilitation, the court shall enter
an order adjudicating the juvenile delinquent and proceed in determining a
proper disposition under Rule 512.
b) the court also shall order the law
enforcement agency that submitted the written allegation:
i) to take, or cause to be taken, the
fingerprints and photographs of the juvenile if not previously taken pursuant
to this case, and
ii) to ensure
that these records, including the case reference number, are forwarded to the
central repository maintained by the Pennsylvania State Police.
B. Timing.
1) If the juvenile
is in detention, the court shall make its finding within twenty days of the
ruling on the offenses pursuant to Rule 408.
2) If the juvenile is not in detention, the
court shall make its finding within sixty days of the ruling on the offenses
pursuant to Rule 408.
C. Extending Time by Agreement. The time restrictions under paragraphs (B)(1) and (B)(2) may be extended if there is an agreement by both parties.
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