Pa. Code tit. 37, pt. III, subpt. N, ch. 200, subch. H, Preamble
The cases of children who commit delinquent acts in other than their county of residence present unique challenges to Pennsylvania's juvenile courts, as do the cases of children whose county of residence changes during the course of juvenile court proceedings. Early and ongoing communication between officials in the affected counties is the first essential step in successfully processing these cases.
Both Pa.R.J.C.P. 300 (Venue) and the Juvenile Act, at 42 Pa.C.S. § 6321(b) (relating to commencement of proceedings) provide that proceedings may be commenced in either the county in which the alleged delinquent act occurred or the child's county of residence. However, this subchapter recommends that allegations of delinquency should normally be referred for juvenile court intake in the county in which the alleged delinquent act occurred because of its proximity to victims, witnesses, and law enforcement personnel.
When the court proceeds to an adjudicatory hearing for a nonresident child, both Pa.R.J.C.P. 302(A) (Adjudication of Delinquency) and this subchapter provide that the court shall hear the evidence on the petition or accept an admission, and rule on the offenses.
Upon finding that a nonresident child has committed a delinquent act, and specifying the grading and counts thereof, Pa.R.J.C.P. 302(A) provides that the court may then transfer the case to the child's county of residence for a hearing to determine if the juvenile is in need of treatment, supervision or rehabilitation. However, the transfer of such cases is not required by this rule.
This subchapter recommends that the court, upon determining that a nonresident child has committed a delinquent act, should transfer the case to the child's county of residence. The court in the county of residence can then conduct the hearing to determine if the child is in need of treatment, supervision or rehabilitation and make final disposition of the case. Normally, the county of residence is most familiar with the circumstances of the family and will be providing supervision of the case if the child is found to be delinquent.
Pa. Code tit. 37, pt. III, subpt. N, ch. 200, subch. H, Preamble