Current through Register Vol. 54, No. 49, December 7, 2024
Rule 191 - Juvenile Court Hearing Officer's Findings and Recommendation to the JudgeA.Announcement of Findings and Recommendation. At the conclusion of the hearing, the juvenile court hearing officer shall announce in open court on the record, the juvenile court hearing officer's findings and recommendation to the judge.B.Delinquency Recommendation. If a recommendation includes an adjudication of delinquency: 1) The juvenile shall be advised of the right to challenge the recommendation pursuant to Rule 192, as set forth in paragraph (E); and2) a colloquy and inquiry of post-dispositional rights shall be conducted pursuant to Rule 512(C).C.Submission of Papers and Contents of Recommendation. Within one business day, the juvenile court hearing officer shall submit a summary of the recommendation to the juvenile court judge. If requested, a copy of the summary shall be given to the juvenile's attorney, the juvenile, if unrepresented, the attorney for the Commonwealth, and the juvenile probation officer. The summary shall specifically state a recommendation to the judge.D.Judicial Action. The judge shall by order: 1) accept the recommendation;2) reject the recommendation and issue an order with a different disposition;3) send the recommendation back to the juvenile court hearing officer for more specific findings; or4) schedule a rehearing under Rule 192 within seven days.E.Advisement of Right to Challenge Recommendation of Adjudication of Delinquency. The hearing officer shall advise the juvenile of the right to challenge the hearing officer's recommendation substantially in the following form: RIGHT TO CHALLENGE RECOMMENDATION OF HEARING OFFICER
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ADVISEMENT
1) You can disagree with the hearing officer's recommendation. You can ask for a new hearing before a judge. If you want a new hearing, you must request a new hearing in writing within three days from today and say why you want a new hearing.2) You have the right to have a lawyer help you file your request. If your lawyer (who is helping you today) cannot or will not file the request for you, the court will appoint a new lawyer to help you.3) Here's what could happen if you ask for a new hearing:a) The court can deny your request for a new hearing within seven days after you ask for a new hearing; orb) The court can give you a new hearing within seven days after you ask for a new hearing.The provisions of this Rule 191 amended April 6, 2017, effective 9/1/2017, 47 Pa.B. 2313; amended May 4, 2018, effective 7/1/2018, 48 Pa.B. 2939; amended October 1, 2019, effective 1/1/2020, 49 Pa.B. 6066.