237 Pa. Code r. 512

Current through Register Vol. 54, No. 45, November 9, 2024

Rule 512 - Dispositional Hearing

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

In re ______		:	____JD_____
(Juvenile)	:
		:	Delinquent Act(s) : ______
		:	____________________
		:	____________________
		:	____________________

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.

237 Pa. Code r. 512

The provisions of this Rule 512 amended May 17, 2007, effective 8/20/2007, 37 Pa.B. 2506; 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 16, 2011, effective 7/1/2011, 41 Pa.B. 2684; 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 April 6, 2017, effective 9/1/2017, 47 Pa.B. 2313; amended May 11, 2017, effective 10/1/2017, 47 Pa.B. 2969; amended December 21, 2018, effective 5/1/2019, 49 Pa.B. 208, 610.