Pennsylvania Code
Title 37 - LAW
Part III - Agencies and Offices
Subpart N - Juvenile Court Judges' Commission
Chapter 200 - JUVENILE COURT JUDGES' COMMISSION
Subchapter B - STANDARDS GOVERNING HEARINGS AND ADMINISTRATIVE REVIEWS FOR JUVENILES HELD IN SECURE DETENTION
Section 200.101 - Preadjudication detention. (See Pa.R.J.C.P. 242(D), 391 and 404(A))

Universal Citation: 37 PA Code § 200.101

Current through Register Vol. 54, No. 44, November 2, 2024

(a) Within 72 hours of the admission of a juvenile to secure detention, the informal detention hearing shall be held.

(b) If a juvenile remains detained after the hearing, a petition shall be filed with the clerk of courts within 24 hours or the next court business day.

(c) If a juvenile is detained, an adjudication hearing shall be held no later than 10 days after the filing of the petition.

(d) Except as provided in paragraphs (1) and (2), if the adjudicatory hearing is not held or notice of request for transfer is not submitted within the 10-day period, the juvenile shall be released.

(1) A juvenile may be detained for an additional single period not to exceed 10 days when the court determines that the following exist:

(i) Evidence material to the case is unavailable.

(ii) Due diligence to obtain the evidence has been exercised.

(iii) There are reasonable grounds to believe that the evidence will be available at a later date.

(iv) The detention of the juvenile would be warranted.

(2) A juvenile may be detained for successive 10-day intervals if the delay is caused by the juvenile. The court shall state on the record if failure to hold the hearing resulted from delay caused by the juvenile. Delay caused by the juvenile includes, but is not be limited to, one or more of the following:

(i) Delay caused by the unavailability of the juvenile or the juvenile's attorney.

(ii) Delay caused by any continuance granted at the request of the juvenile or the juvenile's attorney.

(iii) Delay caused by the unavailability of a witness resulting from conduct by or on behalf of the juvenile.

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