Current through Register Vol. 54, No. 49, December 7, 2024
Rule 242 - Detention HearingA.Informing juvenile of rights. Upon commencement of the hearing, the court shall: 1) provide a copy of the written allegation to the juvenile and the juvenile's guardian, if present;2) inform the juvenile of the right to counsel and to retain private counsel or to be assigned counsel; and3) inform the juvenile of the right to remain silent with respect to any allegation of delinquency.B.Manner of hearing. 1)Conduct.a) The hearing shall be conducted in an informal but orderly manner.b) The attorney for the Commonwealth shall: i) attend the hearing; andii) present such evidence as the Commonwealth deems necessary to support the written allegation and the need for detention.2)Recording. If requested by the juvenile or the Commonwealth, or if ordered by the court, the hearing shall be recorded by appropriate means. If not so recorded, full minutes of the hearing shall be kept.3)Testimony and evidence. a) All evidence helpful in determining the questions presented, including oral or written reports, may be received by the court and relied upon to the extent of its probative value even though not competent in the hearing on the petition.b) The juvenile's attorney and the attorney for the Commonwealth shall be afforded an opportunity to examine and controvert written reports so received.4)Juvenile's rights. The juvenile shall be present at the detention hearing and the juvenile's attorney may:a) cross-examine witnesses offered against the juvenile; andb) offer evidence or witnesses, if any, pertinent to the probable cause or detention determination.5)Advanced communication technology. A court may utilize advanced communication technology pursuant to Rule 129 for a juvenile or a witness unless good cause is shown otherwise.C.Findings. The court shall determine whether: 1) there is probable cause that a delinquent act was committed by the juvenile;2) detention of the juvenile is warranted; and3) there are any special needs of the juvenile that have been identified and that the court deems necessary to address while the juvenile is in detention.D.Filing of petition. If a juvenile remains detained after the hearing, a petition shall be filed with the clerk of courts within twenty-four hours or the next court business day.E.Court's order. At the conclusion of the detention hearing, the court shall enter a written order setting forth its findings pursuant to paragraph (C).The provisions of this Rule 242 amended April 21, 2011, effective 7/1/2011, 41 Pa.B. 2319; amended April 29, 2011, effective 7/1/2011, 41 Pa.B. 2413; amended May 26, 2011, effective 7/1/2011, 41 Pa.B. 3180; amended July 18, 2012, effective 10/1/2012, 42 Pa.B. 4909; amended February 6, 2017, effective 4/1/2017, 47 Pa.B. 941; amended May 16, 2017, effective 7/1/2017, 47 Pa.B. 3078.