Pennsylvania Code
Title 237 - JUVENILE RULES
Part I - RULES
Subpart A - DELINQUENCY MATTERS
Chapter 5 - DISPOSITIONAL HEARING
Part B - DISPOSITIONAL HEARING AND AIDS
Rule 512 - Dispositional Hearing
Universal Citation: 237 PA Code ยง 512
Current through Register Vol. 54, No. 44, November 2, 2024
A. Manner of Hearing. The court shall conduct the dispositional hearing in an orderly manner.
1)
Evidence. The court shall receive any oral or written evidence
from both parties and the juvenile probation officer that is helpful in
determining disposition, including evidence that was not admissible at the
adjudicatory hearing.
2)
Opportunity to be heard. Before deciding disposition, the
court shall give the juvenile and the victim an opportunity to be
heard.
3)
Advanced
communication technology. A court may utilize advanced communication
technology pursuant to Rule 129 for the appearance of the juvenile or the
witness only if the parties consent.
4)
Prosecutor's presence.
The attorney for the Commonwealth shall attend the hearing.
B. Recording. The dispositional hearing shall be recorded.
C. Colloquy and Inquiry of Post-Dispositional Rights.
1) After
entering disposition on the record, the court shall ensure that an attorney has
reviewed the post-dispositional rights colloquy with the juvenile pursuant to
paragraph (C)(2) and conduct an independent inquiry to determine whether the
juvenile understands:
a) The right to file a
post-dispositional motion;
b) The
right to file an appeal;
c) The
time limits for a post-dispositional motion and appeal;
d) The right to counsel to prepare the motion
and appeal; and
e) The time limits
within which the post-dispositional motion shall be decided.
2) The colloquy referenced in
paragraph (c)(1) shall be:
a) in
writing;
b) reviewed and completed
with the juvenile by an attorney;
c) submitted to and reviewed by the court;
and
d) substantially in the
following form:
POST-DISPOSITIONAL RIGHTS COLLOQUY
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In re ______ |
: |
____JD_____ |
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|
(Juvenile) |
: |
||
|
: |
Delinquent Act(s) : ______ |
||
|
: |
____________________ |
||
|
: |
____________________ |
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|
: |
____________________ |
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POST-DISPOSITIONAL RIGHTS COLLOQUY
1) You can disagree with the court's
decisions. You have the right to file a motion. It must be in writing. It must
be filed within 10 days from today. You can ask your lawyer to file a motion
to:
a) ask the court to change or review its
decision finding you delinquent;
b)
ask the court to change or review its decision to place you in a program or on
probation; or
c) ask the court to
change or review its decision to make you to do things on probation (such as
paying money, doing community service, taking drug tests,
etc.).
In other words, you can ask the court to change or review any decision that it has made in your case with which you do not agree.
Do you understand this?______
2) You have the right to have a lawyer help
you file your motion. If your lawyer (who is helping you today) cannot or will
not file the motion for you, the court will appoint a new lawyer to help
you.
Do you understand this?______
3) Here's what could happen if you file a
motion:
a) The court could disagree with the
motion without having a hearing;
b)
the court could agree with the motion without having a hearing; or
c) The court could hold a hearing and then
agree or disagree with the motion.
Do you understand this?______
4) If the court disagrees with your motion,
you have the right to ask a higher court to look at your case. The higher court
would decide if the juvenile court made any mistakes or abused its
responsibility when it disagreed with your motion. This is called taking an
appeal.
Do you understand this?______
5) You must file your request or appeal in
writing. You have 30 days from when the court disagrees with your motion to
file it.
Do you understand this?______
6) You have the right to have a lawyer to
help you with your appeal. If your lawyer (who is helping you today) cannot or
will not file your appeal for you, the court will appoint a new lawyer to help
you.
Do you understand this?______
7) You may decide that you would like to take
an appeal but do not wish to file a motion. This is called taking a direct
appeal. In your direct appeal, you may ask the higher court to decide if the
juvenile court was right or wrong in finding you guilty (including what the
juvenile judge was or was not allowed to hear) or if the juvenile court made
any mistakes or abused its responsibility in anything that the court ordered as
your consequences.
Do you understand this?______
8) If you wish to take a direct appeal
(without filing a motion first) you must file your appeal within 30 days from
today (or 30 days from the day that the court decides your consequences)
.
Do you understand this?______
9) If you admitted to any of the charges, you
can only ask the higher court to look at the following issues:
a) whether your admission was voluntary (you
made your own decision to admit to a charge. No one forced you to do this. You
understood what you were doing, including the consequences.);
b) whether the court was the correct court to
hear your case (the court had the authority over your case); or
c) whether the court abused its
responsibility or made any mistakes in the things that were ordered as your
consequences.
Do you understand this?______
10) It is important that you remember that
you have certain time periods to file a motion or an appeal. These are the time
periods:
a) You must file your motion within
10 days from today (or the date that the court decides your consequences)
.
b) You have 30 days from the date
that the court disagreed with your motion to file your appeal with the higher
court.
c) If you do not file a
motion, you must file your appeal to the higher court within 30 days from today
(or the date that the court decides your consequences) .
Do you understand this?______
I promise that I have read this whole form or someone has read this form to me. I understand it. The signature below and on each page of this form are mine.
_______________
Juvenile
_______________
Date
I, ___________ , lawyer for the juvenile, have reviewed this form with my client. My client has told me that he or she understands this form.
_______________
Lawyer for Juvenile
_______________
Date
D. Court's Findings. The court shall enter its findings and conclusions of law into the record and enter an order pursuant to Rule 515. On the record in open court, the court shall state:
1) its disposition;
2) The reasons for its disposition;
3) The terms, conditions, and limitations of
the disposition; and
4) if the
juvenile is removed from the home:
a) The
name or type of any agency or institution that shall provide care, treatment,
supervision, or rehabilitation of the juvenile;
b) its findings and conclusions of law that
formed the basis of its decision consistent with
42 Pa.C.S. §§
6301 and
6352, including why the
court found that the out-of-home placement ordered is the least restrictive
type of placement that is consistent with the protection of the public and best
suited to the juvenile's treatment, supervision, rehabilitation, and welfare;
and
c) The provision of educational
services for the juvenile pursuant to Rule 148;
5) whether any evaluations, tests,
counseling, or treatments are necessary;
6) any findings necessary to ensure the
stability and appropriateness of the juvenile's education, and when
appropriate, the court shall appoint an educational decision maker pursuant to
Rule 147; and
7) any findings
necessary to identify, monitor, and address the juvenile's needs concerning
health care and disability, if any, and if parental consent cannot be obtained,
authorize evaluations and treatment needed.
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