Current through Register Vol. 54, No. 45, November 9, 2024
Rule 240 - Detention of JuvenileA.Detention Requirements. If a juvenile is brought before the court or delivered to a detention facility designated by the court, the juvenile probation officer immediately shall: 1) examine the written allegation;2) make an investigation, which may include an intake conference with the juvenile, the juvenile's attorney, guardian, or other interested and informed adult; and3) release the juvenile, unless it appears that the juvenile's detention is warranted.B.Filing of Petition. The release of the juvenile shall not prevent the subsequent filing of a petition.C.Prompt Hearing. If the juvenile is not released, a detention hearing shall be held no later than 72 hours after the juvenile is placed in detention. Neither the juvenile nor the juvenile's attorney shall be permitted to waive the detention hearing.D.Time Restrictions. Except as provided in this paragraph, if the adjudicatory hearing is not held, as required by Rule 404(A), or a transfer hearing is not held, as required by Rule 391(B), the juvenile shall be released. 1) Upon motion, a juvenile may be detained for an additional single period not to exceed 10 days when the court determines that:a) evidence material to the case is unavailable;b) due diligence to obtain such evidence has been exercised; andc) There are reasonable grounds to believe that such evidence will be available at a later date.2) Upon motion, a juvenile may be detained for additional periods, each of which shall not exceed 10 days, 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 shall include, but not be limited to: a) delay caused by the unavailability of the juvenile or the juvenile's attorney;b) delay caused by any continuance granted at the request of the juvenile; orc) delay caused by the unavailability of a witness resulting from conduct by or on behalf of the juvenile.3) Whenever extended detention is sought under this paragraph, the court shall consider whether detention remains warranted.The provisions of this Rule 240 amended June 28, 2013, effective immediately, 43 Pa.B. 3938; amended May 16, 2017, effective 7/1/2017, 47 Pa.B. 3078; amended November 30, 2021, effective 4/1/2022, 51 Pa.B. 7629.