Regular Session 2023-2024 House Bill 1381 P.N. 2049

PRIOR PRINTER'S NO. 1533

PRINTER'S NO. 2049

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1381

Session of

2023

INTRODUCED BY D. MILLER, HARRIS, BULLOCK, SANCHEZ, MADDEN,

HANBIDGE, SCHLOSSBERG, HOHENSTEIN, KINKEAD, HILL-EVANS,

McNEILL, MALAGARI, KHAN, KINSEY, SCOTT, CEPEDA-FREYTIZ,

ROZZI, GREEN, FRIEL, HOWARD, MAYES, OTTEN, BRIGGS, DONAHUE

AND KRAJEWSKI, JUNE 12, 2023

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, SEPTEMBER 27, 2023

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in juvenile matters,

further providing for short title and purposes of chapter,

for definitions, for scope of chapter, for powers and duties

of probation officers, for summary offenses, for inspection

of court files and records, for guardian ad litem for child

in court proceedings, for transfer from criminal proceedings,

for informal adjustment, for taking into custody, for

detention of child, for release or delivery to court and for

place of detention, providing for confinement in juvenile

treatment facilities, further providing for notice and

hearing, providing for questioning and interrogating a child,

further providing for consent decree, providing for school

stability for certain students, further providing for

disposition of delinquent child, for limitation on and change

in place of commitment and for transfer to criminal

proceedings.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 6301(b)(1.1) of Title 42 of the

Pennsylvania Consolidated Statutes is amended to read:

§ 6301. Short title and purposes of chapter.

* * *

(b) Purposes.--This chapter shall be interpreted and

construed as to effectuate the following purposes:

* * *

(1.1) To provide for the care, protection, safety,

access to free and appropriate public education and wholesome

mental and physical development of children coming within the

provisions of this chapter.

* * *

Section 2. The definitions of "assessment," "child,"

"delinquent act," "delinquent child" and "dependent child" in

section 6302 of Title 42 are amended and the section is amended

by adding definitions to read:

§ 6302. Definitions.

The following words and phrases when used in this chapter

shall have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

"504 plan." An agreement under 29 U.S.C. § 794 (relating to

nondiscrimination under Federal grants and programs).

* * *

"Assessment." An independent individualized examination by a

licensed professional of a child to determine the child's

psychosocial needs and problems, including the type and extent

of any mental health, substance abuse or co-occurring mental

health and substance abuse disorders and recommendations for

treatment. The term includes, but is not limited to, a drug and

alcohol, psychological and psychiatric evaluation, records

review, clinical interview and the administration of a formal

test and instrument.

* * *

"Child." An individual who:

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(1) is under the age of 18 years;

(2) is under the age of 21 years who committed an act of

delinquency before reaching the age of 18 years; or

(3) is under the age of 21 years and was adjudicated

dependent before reaching the age of 18 years, who has

requested the court to retain jurisdiction and who remains

under the jurisdiction of the court as a dependent child

because the court has determined that the child is:

(i) completing secondary education or an equivalent

credential;

(ii) enrolled in an institution which provides

postsecondary or [vocational] career and technical

education;

(iii) participating in a program actively designed

to promote or remove barriers to employment;

(iv) employed for at least 80 hours per month; or

(v) incapable of doing any of the activities

described in subparagraph (i), (ii), (iii) or (iv) due to

a medical or behavioral health condition, which is

supported by regularly updated information in the

permanency plan of the child.

* * *

"Delinquent act."

[(1) The term means an] An act designated a crime,

excluding a summary offense, under the law of this

Commonwealth, or of another state if the act occurred in that

state, or under Federal law, or an act which constitutes

indirect criminal contempt under Chapter 62A (relating to

protection of victims of sexual violence or intimidation)

with respect to sexual violence or 23 Pa.C.S. Ch. 61

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(relating to protection from abuse). The term shall not

include a summary offense or the failure of a child to comply

with a lawful sentence imposed for a summary offense. [or the

failure of a child to comply with a lawful sentence imposed

for a summary offense, in which event notice of the fact

shall be certified to the court.

(2) The term shall not include:

(i) The crime of murder.

(ii) Any of the following prohibited conduct where

the child was 15 years of age or older at the time of the

alleged conduct and a deadly weapon as defined in 18

Pa.C.S. § 2301 (relating to definitions) was used during

the commission of the offense which, if committed by an

adult, would be classified as:

(A) Rape as defined in 18 Pa.C.S. § 3121

(relating to rape).

(B) Involuntary deviate sexual intercourse as

defined in 18 Pa.C.S. § 3123 (relating to involuntary

deviate sexual intercourse).

§ 2702(a)(1) or (2) (relating to aggravated assault).

(D) Robbery as defined in 18 Pa.C.S. § 3701(a)

(1)(i), (ii) or (iii) (relating to robbery).

(E) Robbery of motor vehicle as defined in 18

Pa.C.S. § 3702 (relating to robbery of motor

vehicle).

(F) Aggravated indecent assault as defined in 18

Pa.C.S. § 3125 (relating to aggravated indecent

assault).

(G) Kidnapping as defined in 18 Pa.C.S. § 2901

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(relating to kidnapping).

(H) Voluntary manslaughter.

(I) An attempt, conspiracy or solicitation to

commit murder or any of these crimes as provided in

18 Pa.C.S. §§ 901 (relating to criminal attempt), 902

(relating to criminal solicitation) and 903 (relating

to criminal conspiracy).

(iii) Any of the following prohibited conduct where

the child was 15 years of age or older at the time of the

alleged conduct and has been previously adjudicated

delinquent of any of the following prohibited conduct

which, if committed by an adult, would be classified as:

(A) Rape as defined in 18 Pa.C.S. § 3121.

(B) Involuntary deviate sexual intercourse as

defined in 18 Pa.C.S. § 3123.

(1)(i), (ii) or (iii).

(D) Robbery of motor vehicle as defined in 18

Pa.C.S. § 3702.

(E) Aggravated indecent assault as defined in 18

Pa.C.S. § 3125.

(F) Kidnapping as defined in 18 Pa.C.S. § 2901.

(G) Voluntary manslaughter.

(H) An attempt, conspiracy or solicitation to

commit murder or any of these crimes as provided in

18 Pa.C.S. §§ 901, 902 and 903.

(iv) Summary offenses.

(v) A crime committed by a child who has been found

guilty in a criminal proceeding for other than a summary

offense.]

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"Delinquent child." The following:

(1) A child [ten] 13 years of age or older whom the

court has found to have committed a delinquent act and [is]

for whom it is established is in need of treatment,

supervision or rehabilitation.

(2) A child 12 10 years of age or older who the court

has found to have committed one of the following and for whom

it is established is in need of treatment, supervision or

rehabilitation:

(i) The crime of murder.

(ii) A sexual offense which would be designated as a

felony in the first degree if committed by an adult.

(3) The term does not include a child who is found to

have committed a summary offense or failed to comply with a

lawful sentence imposed for a summary offense.

"Dependent child." A child who:

(1) is without proper parental care or control,

subsistence, education as required by law, or other care or

control necessary for [his] the child's physical, mental, or

emotional health, or morals. A determination that there is a

lack of proper parental care or control may be based upon

evidence of conduct by the parent, guardian or other

custodian that places the health, safety or welfare of the

child at risk, including evidence of the parent's, guardian's

or other custodian's use of alcohol or a controlled substance

that places the health, safety or welfare of the child at

risk;

(2) has been placed for care or adoption in violation of

law;

(3) has been abandoned by his or her parents, guardian,

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or other custodian;

(4) is without a parent, guardian, or legal custodian;

(5) while subject to compulsory school attendance is

habitually and without justification truant from school;

(6) has committed a specific act or acts of habitual

disobedience of the reasonable and lawful commands of his or

her parent, guardian or other custodian and who is

ungovernable and found to be in need of care, treatment or

supervision;

(7) has committed a delinquent act or crime, other than

a summary offense, while under the age of [ten] 13 years

except as provided in paragraph (2) of the definition of

"delinquent child";

(8) has been formerly adjudicated dependent, and is

under the jurisdiction of the court, subject to its

conditions or placements and who commits an act which is

defined as ungovernable in paragraph (6);

(9) has been referred pursuant to section 6323 (relating

to informal adjustment and diversion), and who commits an act

which is defined as ungovernable in paragraph (6); or

(10) is born to a parent whose parental rights with

regard to another child have been involuntarily terminated

under 23 Pa.C.S. § 2511 (relating to grounds for involuntary

termination) within three years immediately preceding the

date of birth of the child and conduct of the parent poses a

risk to the health, safety or welfare of the child.

* * *

"Individualized education plan." A plan developed in

accordance with 22 Pa. Code § 14.131 (relating to IEP) and 20

U.S.C. Ch. 33 (relating to education of individuals with

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disabilities).

"Material loss." The following:

(1) A financial loss found by the court to have been

caused by a delinquent act of a child and is:

(i) uninsured property loss;

(ii) a deductible paid on an insurance claim for

property;

(iii) actual lost wages because of bodily injury;

(iv) uninsured medical expense from bodily injury;

(v) costs incurred due to emotional distress or

trauma, including counseling and therapy services.

(2) A material loss that entitled the person to receive

compensation from the Crime Victim Services and Compensation

Fund.

"Nonviolent felony." A felony offense that does not

constitute a crime of violence as defined under section 9714(g)

(relating to sentences for second and subsequent offenses). The

term does not include firearm-related offenses or murder.

* * *

"Risk and needs assessment." An assessment of a juvenile's

likelihood of reoffending, which may include the criminogenic

needs of the child, shown, through an independent external

analysis, to be free of racial bias and disparate impact.

"School of origin." A school within a school district ENTITY

that:

(1) a child attended WAS ENROLLED IN before being

adjudicated a delinquent child; or

(2) the child would attend based on the address of the

child's parents or guardian.

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* * *

Section 3. Sections 6303(b), 6304(a)(5) and (c), 6304.1,

6307(b), 6311(b)(2), 6322, 6323, 6324, 6325, 6326(b) and (c) and

6327 of Title 42 are amended to read:

§ 6303. Scope of chapter.

* * *

[(b) Minor judiciary.--No child shall be detained, committed

or sentenced to imprisonment by a magisterial district judge or

a judge of the minor judiciary. [unless the child is charged

with an act set forth in paragraph (2)(i), (ii), (iii) or (v) of

the definition of "delinquent act" in section 6302 (relating to

definitions).]

* * *

§ 6304. Powers and duties of probation officers.

(a) General rule.--For the purpose of carrying out the

objectives and purposes of this chapter, and subject to the

limitations of this chapter or imposed by the court, a probation

officer shall:

* * *

(5) Take into custody and detain a child who is under

his or her supervision or care as a delinquent or dependent

child if the probation officer has reasonable cause to

believe that the health or safety of the child is in imminent

danger, or that he or she may abscond or be removed from the

jurisdiction of the court, or when ordered by the court

pursuant to this chapter [or that he violated the conditions

of his probation].

* * *

words and phrases shall have the meanings given to them in this

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subsection:

"Conditions of supervision." A term or condition of a

child's supervision, whether imposed by the court or a probation

officer consistent with a demonstrated need as determined by

validated risk and needs assessment, including compliance with

all requirements of Federal, State and local law.

"Contraband." An item that a child is not permitted to

possess under the conditions of supervision, including an item

whose possession is forbidden by any Federal, State or local

law.

"Court." The court of common pleas or a judge thereof.

"Exigent circumstances." The term includes, but is not

limited to, reasonable suspicion that contraband or other

evidence of violations of the conditions of supervision might be

destroyed or suspicion that a weapon might be used.

"Personal search." A warrantless search of a child's person,

including, but not limited to, the child's clothing and any

personal property which is in the possession, within the reach

or under the control of the child.

"Probation officer." A probation officer appointed or

employed by a court or by a county probation department.

"Property search." A warrantless search of real property,

vehicle or personal property which is in the possession or under

the control of a child.

"Supervisor." An individual acting in a supervisory or

administrative capacity.

[§ 6304.1. Summary offenses.

(a) Review.--

(1) Upon notice being certified to the court that a

child has failed to comply with a lawful sentence imposed for

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a summary offense, a probation officer shall review the

complaints and charges of delinquency pursuant to section

6304 (relating to powers and duties of probation officers)

for the purpose of considering the commencement of

proceedings under this chapter.

(2) A proceeding commenced under the review in this

subsection is a separate action from the underlying summary

conviction. For the purposes of proceedings commenced under

this section, failure to comply with a lawful sentence

imposed for a summary offense is an alleged delinquent act.

(3) Any reference to the underlying summary conviction

is solely for the purpose of the certification from the

magisterial district judge to the court of common pleas that

the juvenile was convicted of the summary offense and failed

to comply under section 4132(2) (relating to attachment and

summary punishment for contempts).

(b) Administration of money.--Any money subsequently paid by

the child pursuant to the disposition of the charges shall be

administered and disbursed in accordance with written guidelines

adopted by the president judge of the court of common pleas. The

court may direct that any portion of the money received from the

child shall be deposited into a restitution fund established by

the president judge of the court of common pleas pursuant to

section 6352(a)(5) (relating to disposition of delinquent

child).]

§ 6307. Inspection of court files and records.

* * *

(b) Public availability.--

(1.1) The contents of court records and files concerning

a child shall not be disclosed to the public unless [any of

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the following apply:

(i) The] the child has been adjudicated delinquent

by a court as a result of an act or acts committed when

the child was 14 years of age or older and [the conduct

would have constituted one or more of the following

offenses if committed by an adult:

(A) Murder.

(B) Voluntary manslaughter.

§ 2702(a)(1) or (2) (relating to aggravated assault).

(D) Sexual Assault as defined in 18 Pa.C.S. §

3124.1 (relating to sexual assault).

(E) Aggravated indecent assault as defined in 18

Pa.C.S. § 3125 (relating to aggravated indecent

assault).

(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1)

(relating to arson and related offenses).

(G) Burglary as a felony in the first degree as

defined in 18 Pa.C.S. § 3502(c)(1) (relating to

burglary).

(H) Involuntary deviate sexual intercourse.

(I) Kidnapping.

(J) Rape.

(K) Robbery as defined in 18 Pa.C.S. § 3701(a)

(1)(i), (ii) or (iii) (relating to robbery).

(L) Robbery of motor vehicle.

(M) Violation of 18 Pa.C.S. Ch. 61 (relating to

firearms and other dangerous articles).

(N) Attempt or conspiracy to commit any of the

offenses in this subparagraph.

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(ii) A petition alleging delinquency has been filed

alleging that the child has committed an act or acts

subject to a hearing pursuant to section 6336(e)

(relating to conduct of hearings) and the child

previously has been adjudicated delinquent by a court as

a result of an act or acts committed when the child was

14 years of age or older and the conduct would have

constituted one or more of the following offenses if

committed by an adult:

(A) Murder.

(B) Voluntary manslaughter.

§ 2702(a)(1) or (2).

(D) Sexual Assault as defined in 18 Pa.C.S. §

3124.1.

(E) Aggravated indecent assault as defined in 18

Pa.C.S. § 3125.

(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1).

(G) Burglary as a felony in the first degree as

defined in 18 Pa.C.S. § 3502(c)(1).

(H) Involuntary deviate sexual intercourse.

(I) Kidnapping.

(J) Rape.

(K) Robbery as defined in 18 Pa.C.S. § 3701(a)

(1)(i), (ii) or (iii).

(L) Robbery of motor vehicle.

(M) Violation of 18 Pa.C.S. Ch. 61.

(N) Attempt or conspiracy to commit any of the

offenses in this subparagraph.] was adjudicated

delinquent for an offense that cannot be expunged

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from the child's record.

(2) If the conduct of the child meets the requirements

for disclosure as set forth in paragraph (1.1), then the

court shall disclose the name, age and address of the child,

the offenses charged and the disposition of the case. The

judge who adjudicates a child delinquent shall specify the

particular offenses and counts thereof which the child is

found to have committed, and such information shall be

inserted on any court or law enforcement records or files

disclosed to the public as provided for in this section or in

section 6308(b)(2) (relating to law enforcement records).

* * *

§ 6311. Guardian ad litem for child in court proceedings.

* * *

(b) Powers and duties.--The guardian ad litem shall be

charged with representation of the legal interests and the best

interests of the child at every stage of the proceedings and

shall do all of the following:

* * *

(2) On a timely basis, be given access to relevant court

and county agency records, reports of examination of the

parents or other custodian of the child pursuant to this

chapter and medical, psychological and school records,

including an existing Individualized Education Program or 504

plan.

* * *

§ 6322. Transfer from criminal proceedings.

[(a) General rule.--Except as provided in 75 Pa.C.S. § 6303

(relating to rights and liabilities of minors) or in the event

the child is charged with murder or any of the offenses excluded

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by paragraph (2)(ii) or (iii) of the definition of "delinquent

act" in section 6302 (relating to definitions) or has been found

guilty in a criminal proceeding, if it appears to the court in a

criminal proceeding that the defendant is a child, this chapter

shall immediately become applicable, and the court shall

forthwith halt further criminal proceedings, and, where

appropriate, transfer the case to the division or a judge of the

court assigned to conduct juvenile hearings, together with a

copy of the accusatory pleading and other papers, documents, and

transcripts of testimony relating to the case. If it appears to

the court in a criminal proceeding charging murder or any of the

offenses excluded by paragraph (2)(ii) or (iii) of the

definition of "delinquent act" in section 6302, that the

defendant is a child, the case may similarly be transferred and

the provisions of this chapter applied. In determining whether

to transfer a case charging murder or any of the offenses

excluded from the definition of "delinquent act" in section

6302, the child shall be required to establish by a

preponderance of the evidence that the transfer will serve the

public interest. In determining whether the child has so

established that the transfer will serve the public interest,

the court shall consider the factors contained in section

6355(a)(4)(iii) (relating to transfer to criminal proceedings).

(b) Order.--If the court finds that the child has met the

burden under subsection (a), the court shall make findings of

fact, including specific references to the evidence, and

conclusions of law in support of the transfer order. If the

court does not make its finding within 20 days of the hearing on

the petition to transfer the case, the defendant's petition to

transfer the case shall be denied by operation of law.

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shall be subject to the same expedited review applicable to

orders granting or denying release or modifying the conditions

of release prior to sentence, as provided in Rule 1762 of the

Pennsylvania Rules of Appellate Procedure.

(d) Effect of transfer order.--Where review of the transfer

order is not sought or where the transfer order is upheld the

defendant shall be taken forthwith to the probation officer or

to a place of detention designated by the court or released to

the custody of his parent, guardian, custodian, or other person

legally responsible for him, to be brought before the court at a

time to be designated. The accusatory pleading may serve in lieu

of a petition otherwise required by this chapter, unless the

court directs the filing of a petition.

(e) Transfer of convicted criminal cases.--]If in a criminal

proceeding, the child is found guilty of a crime classified as a

misdemeanor, [and the child and the attorney for the

Commonwealth agree to the transfer,] the case may be transferred

for disposition to the division or a judge of the court assigned

to conduct juvenile hearings.

§ 6323. Informal adjustment and diversion.

(a) General rule.--

(1) Before a petition is filed, the probation officer or

other officer of the court designated by it, subject to its

direction, shall, in the case of a dependent child where the

jurisdiction of the court is premised upon the provisions of

paragraph (1), (2), (3), (4), (5) or (7) of the definition of

"dependent child" in section 6302 (relating to definitions)

and if otherwise appropriate, refer the child and his or her

parents to any public or private social agency available for

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assisting in the matter. Upon referral, the agency shall

indicate its willingness to accept the child and shall report

back to the referring officer within three months concerning

the status of the referral.

(2) Similarly, the probation officer may in the case of

a delinquent child, or a dependent child where the

jurisdiction of the court is permitted under paragraph (6) of

the definition of "dependent child" in section 6302, refer

the child and his or her parents to an agency for assisting

in the matter.

(3) The agency may return the referral to the probation

officer or other officer for further informal adjustment or

other prepetition diversion program if it is in the best

interests of the child.

(b) Counsel and advice.--Such social agencies and the

probation officer or other officer of the court [may]:

(1) May give counsel and advice to the parties with a

view to an informal adjustment or other diversion program if

it appears:

[(1)] (i) that counsel and advice without an

adjudication would be in the best interest of the public

and the child;

[(2)] (ii) the child and [his] the child's parents,

guardian, or other custodian consent thereto with

knowledge that consent is not obligatory; and

[(3)] (iii) in the case of the probation officer or

other officer of the court, the admitted facts bring the

case within the jurisdiction of the court.

(2) Shall give counsel and advice to the parties and

offer the child an opportunity to complete an informal

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adjustment or other diversion program if:

(i) the child has fewer than three prior informal

adjustments or prepetition diversions in the past three

years;

(ii) the child is referred for a misdemeanor or a

nonviolent felony;

(iii) the child and the child's parents, guardian or

other custodian provide informed consent, with knowledge

that consent is not obligatory; and

(iv) in the case OPINION of the probation officer or

other officer of the court, the admitted facts bring the

case within the jurisdiction of the court.

(b.1) Construction.--Nothing in subsection (b) shall be

construed to prevent a probation officer from offering an

informal adjustment or other diversion program when it is in the

best interest of the child and the public.

giving of counsel and advice by the probation or other officer

of the court shall not extend beyond [six] four months from the

day commenced unless extended by an order of court for an

additional period not to exceed [three] two months.

(d) No detention authorized or admission of guilt.--Nothing

contained in this section shall authorize the detention of the

child[.] or require an admission of guilt AS A PREREQUISITE TO

ANY INFORMAL ADJUSTMENT OR DIVERSIONARY PROGRAM .

(d.1) No monetary obligations other than restitution

authorized.--Notwithstanding any other provision of law, an

informal adjustment or other diversion program under this

section shall not incorporate fines, fees, costs or other

monetary obligation, nor shall a child with an informal

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adjustment be ordered to participate in a program or service

that requires the child or the child's family to pay a fee, cost

or other monetary obligation.

(e) Privileged statements.--An incriminating statement made

by a participant to the person giving counsel or advice and in

the discussions or conferences incident thereto shall not be

used against the declarant over objection in any criminal

proceeding or hearing under this chapter.

(f) Terms and conditions.--The terms and conditions of an

informal adjustment may include payment by the child of

reasonable amounts of [money as costs, fees or] restitution,

including a [supervision fee and] contribution of not more than

$10 to a restitution fund established by the president judge of

the court of common pleas pursuant to section 6352(a)(5)

(relating to disposition of delinquent child).

§ 6324. Taking into custody.

A child may be taken into custody:

(1) Pursuant to an order of the court under this

chapter. Prior to entering a protective custody order

removing a child from the home of the parent, guardian or

custodian, the court must determine that to allow the child

to remain in the home is contrary to the welfare of the

child.

(2) Pursuant to the laws of arrest.

(3) By a law enforcement officer or duly authorized

officer of the court if there are reasonable grounds to

believe that the child is suffering from illness or injury or

is in imminent danger from his or her surroundings, and that

his or her removal is necessary.

(4) By a law enforcement officer or duly authorized

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officer of the court if there are reasonable grounds to

believe that the child has run away from his or her parents,

guardian, or other custodian.

(5) By a law enforcement officer or duly authorized

officer of the court if there are reasonable grounds to

believe that the child has violated conditions of [his] the

child's probation by posing a substantial risk of serious

bodily harm to a specific individual and there is no

alternative to reduce the risk of harm to others.

§ 6325. Detention of child.

[A child taken into custody shall not be detained or placed

in shelter care prior to the hearing on the petition unless his

detention or care is required to protect the person or property

of others or of the child or because the child may abscond or be

removed from the jurisdiction of the court or because he has no

parent, guardian, or custodian or other person able to provide

supervision and care for him and return him to the court when

required, or an order for his detention or shelter care has been

made by the court pursuant to this chapter.]

(a) General rule.--The following shall apply to the

detention of a child:

(1) The ABSENT A DEPENDENCY COURT ORDER, THE following

children shall not be placed in detention prior to

DELINQUENCY adjudication:

(i) A child under 14 years of age.

(ii) A child on a written allegation of a

misdemeanor offense or nonviolent felony.

(iii) A child charged with a status offense,

probation violation or nonpayment of fines, fees or

restitution.

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(iv) A child who is pregnant or is the parent to a

child born in the past year . , UNLESS THE COURT DETERMINES

THAT THE CHILD POSES A SPECIFIC, IMMEDIATE AND

SUBSTANTIAL RISK OF HARM TO OTHERS, AND THERE IS NO

ALTERNATIVE TO REDUCE THE RISK OF HARM TO OTHERS.

(v) A child who does not pose an articulable risk of

harm to another person. A SPECIFIC, IMMEDIATE AND

SUBSTANTIAL RISK OF HARM TO OTHERS AND THERE IS NO

ALTERNATIVE TO REDUCE THE RISK OF HARM TO OTHERS.

(2) No child shall be placed in detention solely due to:

(i) A lack of supervision alternatives or service

options.

(ii) A parent or guardian avoiding legal

responsibility or obligations.

(iii) A risk of self-harm.

(iv) Contempt of court.

(v) Violations of a valid court order.

(vi) Technical violations of probation or aftercare

unless there is probable cause that the child poses a

specific, immediate and substantial risk of harm to

another person.

(3) At a detention hearing, a child shall not be placed

or allowed to remain in detention unless:

(i) the child has scored as detention-eligible on a

validated detention risk and needs assessment which may

not be overridden to place a child in detention; or

(ii) there is clear and convincing evidence that

community-based alternatives to detention are

insufficient to:

(A) secure the presence of the child at the next

20230HB1381PN2049 - 21 -

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hearing as demonstrated by the record; or

(B) protect the safety of another person from

serious threat.

(b) Maximum length of time.--A child may not spend more than

20 cumulative days in detention prior to adjudication. The 20-

day maximum may only be extended at the request of the child

through counsel or upon a written finding by a court of a record

of a specific, immediate and substantial risk of harm to others.

construed to require the detention of a child.

(d) Shelter care.--A child pending a dependency petition

shall MAY be placed in shelter care after:

(1) A finding that a county agency had reasonably

engaged in family finding.

(2) A copy of the shelter care application had been

furnished to all parties.

(3) All parties have been notified of the right to

counsel.

(4) Custody of the child is warranted after

consideration of the following:

(i) Remaining in the home would be contrary to the

welfare and best interest of the child.

(ii) Reasonable efforts were made by the county

agency to prevent the child's placement in shelter care.

(iii) The child's placement is the least restrictive

placement that meets the needs of the child, supported by

reasons why there are no less restrictive alternatives

available.

(iv) The lack of effort was reasonable in the case

of an emergency placement where services were not

20230HB1381PN2049 - 22 -

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offered.

§ 6326. Release or delivery to court.

* * *

(b) Detention in police lockup generally prohibited.--Unless

a child taken into custody is alleged to have committed a crime

[or summary offense or to be in violation of conditions of

probation or other supervision following an adjudication of

delinquency], the child may not be detained in a municipal

police lockup or cell or otherwise held securely within a law

enforcement facility or structure which houses an adult lockup.

A child shall be deemed to be held securely only when physically

detained or confined in a locked room or cell or when secured to

a cuffing rail or other stationary object within the facility.

circumstances.--A child alleged to have committed a crime [or

summary offense or to be in violation of conditions of probation

or other supervision following an adjudication of delinquency]

may be held securely in a municipal police lockup or other

facility which houses an adult lockup only under the following

conditions:

(1) the secure holding shall only be for the purpose of

identification, investigation, processing, releasing or

transferring the child to a parent, guardian, other

custodian, or juvenile court or county children and youth

official, or to a shelter care or juvenile detention center;

(2) the secure holding shall be limited to the minimum

time necessary to complete the procedures listed in paragraph

(1), but in no case may such holding exceed six hours; and

(3) if so held, a child must be separated by sight and

sound from incarcerated adult offenders and must be under the

20230HB1381PN2049 - 23 -

continuous visual supervision of law enforcement officials or

facility staff.

* * *

§ 6327. Place of detention.

(a) General rule.--A child alleged to be delinquent may be

detained only in:

(1) A licensed foster home or a home approved by the

court.

(2) A facility operated by a licensed child welfare

agency or one approved by the court.

(3) A detention home, camp, center or other facility for

delinquent children which is under the direction or

supervision of the court or other public authority or private

agency, and is approved by the Department of [Public Welfare]

Human Services.

(4) Any other suitable place or facility, designated or

operated by the court and approved by the Department of

[Public Welfare] Human Services.

Under no circumstances shall a child be detained in any facility

with adults, or where the child is apt to be abused by other

children.

(b) Report by correctional officer of receipt of child.--The

official in charge of a jail or other facility for the detention

of adult offenders or persons charged with crime shall inform

the court immediately if a person who is or appears to be under

the age of 18 years is received at the facility and shall bring

[him] the person before the court upon request or deliver [him]

the person to a detention or shelter care facility designated by

the court.

20230HB1381PN2049 - 24 -

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UNDER SUBSECTIONS (C.1) AND (D), IT is unlawful for any person

in charge of or employed by a jail knowingly to receive for

detention or to detain in the jail any person whom he or she has

or should have reason to believe is a child [unless, in a

criminal proceeding, the child has been charged with or has been

found guilty of an act set forth in paragraph (2)(i), (ii),

(iii) or (v) of the definition of "delinquent act" in section

6302 (relating to definitions)].

(c.1) Detention of child.--

(1) A child who is subject to criminal proceedings

having been charged with an act [set forth under paragraph

(2)(i), (ii) or (iii) of] under the definition of "delinquent

act" in section 6302, who has not been released on bail and

who may seek or is seeking transfer to juvenile proceedings

under section 6322 (relating to transfer from criminal

proceedings) [may] shall be detained in a secure detention

facility approved by the Department of [Public Welfare] Human

Services for the detention of alleged and adjudicated

delinquent children if the attorney for the Commonwealth has

consented to and the court has ordered the detention.

(2) Secure detention ordered under this subsection shall

not affect a child's eligibility for or ability to post bail.

(3) For a child held in secure detention under this

subsection, the court [shall] may order the immediate

transfer of the child to the county jail if [any of the

following apply:

(i) The court determines that the child is no longer

seeking transfer under section 6322.

(ii) The court denies the motion filed under section

6322.

20230HB1381PN2049 - 25 -

(iii) The] the child attains 18 years of age. This

[subparagraph] paragraph does not apply if:

[(A)] (i) the court has granted the motion filed

under section 6322; or

[(B)] (ii) the child is otherwise under order of

commitment to the secure detention facility pursuant

to the jurisdiction of the court in a delinquency

matter.

(d) Transfer of child subject to criminal proceedings.--If a

case is transferred for criminal [prosecution] proceedings and

the child is 18 years of age or older, the child [may] shall be

transferred to the appropriate officer or detention facility in

accordance with the law governing the detention of persons

charged with crime. [The court in making the transfer may order

continued detention as a juvenile pending trial if the child is

unable to provide bail.] Secure detention ordered under this

subsection shall not affect a child's eligibility for or ability

to post bail.

(e) Detention of dependent child.--A child alleged to be

dependent may be detained or placed only in a Department of

[Public Welfare] Human Services approved shelter care facility

as stated in subsection (a)(1), (2) and (4), and shall not be

detained in a jail or other facility intended or used for the

detention of adults charged with criminal offenses, but may be

[detained] housed in the same shelter care facilities with

alleged or adjudicated delinquent children.

(f) Development of approved shelter care programs.--The

Department of [Public Welfare] Human Services shall develop or

assist in the development in each county of this Commonwealth

approved programs for the provision of shelter care for children

20230HB1381PN2049 - 26 -

needing these services who have been taken into custody under

section 6324 (relating to taking into custody) and for children

referred to or under the jurisdiction of the court.

Section 4. Title 42 is amended by adding a section to read:

§ 6329. Confinement in juvenile treatment facilities.

(a) Confinement.--

(1) A staff member from the Bureau of Juvenile Justice

Services within the Department of Human Services, the Bureau

of Human Services Licensing within the Department of Human

Services, a facility operated primarily for the detention of

children who have been adjudicated delinquent or any other

secure facility may not subject a child to room confinement

for the purposes of discipline, punishment, retaliation,

coercion, convenience or any other reason as a result of:

(i) An adjudication of delinquency or disposition of

the child.

(ii) Detention of the child prior to the

adjudication of delinquency or disposition of the child.

(2) Paragraph (1) shall not apply if room confinement is

used as a temporary response to a child's behavior which

poses a serious and immediate risk of physical harm to the

child or another individual.

(b) Techniques.--Before a child is placed in room

confinement under this section, a staff member shall attempt to

use less restrictive techniques, including:

(1) Conversing with the child to de-escalate the serious

and immediate risk of physical harm to the child or another

individual.

(2) Permitting a qualified mental health professional to

converse with the child to de-escalate the serious and

20230HB1381PN2049 - 27 -

immediate risk of physical harm to the child or another

individual.

subsection (b) fails to de-escalate the serious and immediate

risk of physical harm to the child or another individual, prior

to placing the child in room confinement, a staff member shall

inform the child of the following:

(1) The reasons why the child will be placed in room

confinement.

(2) That the child will be released from room

confinement immediately when the child's behavior conforms to

subsection (d)(1) or not later than after the expiration of

the time period specified under subsection (d)(2), whichever

occurs first.

(d) Confinement period.--If a child is placed in room

confinement, the child shall be released either:

(1) upon a staff member determining that the child does

not pose a serious and immediate risk of physical harm to the

child or another individual; or

(2) if the child does not control the child's behavior,

not later than:

(i) three hours after being placed in room

confinement in the case of a child who poses a serious

and immediate risk of physical harm to others; or

(ii) thirty minutes after being placed in room

confinement in the case of a child who poses a serious

and immediate risk of physical harm to self.

(e) Transfers.--If the time period under subsection (d)(2)

has expired and the child continues to pose a serious and

immediate risk of physical harm to the child or another

20230HB1381PN2049 - 28 -

individual, the child shall be timely transferred to another

juvenile facility or internal location where services can be

provided to the child without relying on room confinement.

(f) Consecutive periods.--A child may not be subject to

consecutive periods of room confinement.

(g) Notice to attorney.--If a child is placed in room

confinement, the child's attorney shall be given notice of the

room confinement by the next business day.

(h) Definitions.--As used in this section, the term "room

confinement" means the involuntary placement of a child alone in

a cell, room or other area.

Section 5. Section 6336.1(b)(3) introductory paragraph and

(xii) of Title 42 are amended to read:

§ 6336.1. Notice and hearing.

* * *

(b) Permanency hearings.--

* * *

(3) The Department of [Public Welfare] Human Services

shall develop a form for use by a foster parent or parents,

preadoptive parent or relative providing care for the child,

including, but not limited to, the following information:

* * *

(xii) Description of educational status, grades,

existing Individualized Education Plan or 504 plan,

attendance and behavior of child in school or child's

experience in a child day-care setting or early childhood

development program.

* * *

Section 6. Title 42 is amended by adding a section to read:

§ 6338.1. Questioning and interrogating a child.

20230HB1381PN2049 - 29 -

(a) Consultation with counsel.--A child shall be provided

secure and private access to in-person, telephone or video

conference meetings with an attorney for consultation before the

child waives a constitutional right if a law enforcement

officer:

(1) questions a child during a custodial interrogation;

(2) detains a child based on probable cause of

involvement in criminal activity; or

(3) requests that the child provide consent to an

evidentiary search of the child or the child's property,

dwellings or vehicle under the child's control.

(b) Prohibition.--A consultation required under subsection

(a) may not be waived by the child.

a law enforcement officer in a manner described under subsection

(a) are not admissible in a juvenile offender or adult criminal

court proceeding, unless:

(1) the child has been provided with access to an

attorney for consultation and the child provides an express

waiver knowingly, intelligently and voluntarily after the

child has been fully informed of the rights being waived;

(2) the statement is for impeachment purposes; or

(3) the statement was made spontaneously.

(d) Exception.--Under the following circumstances, a law

enforcement officer may question a child without the

requirements of this section. The questioning shall be truthful

and without deception or use of patently false assertions if:

(1) the law enforcement officer believes the child is a

victim of trafficking and information obtained from the child

under this paragraph may not be used in the prosecution of

20230HB1381PN2049 - 30 -

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the child;

(2) all of the following are thought to be true:

(i) the law enforcement officer believes that the

information sought is necessary to protect an

individual's life from an imminent threat;

(ii) a delay to allow legal consultation would

impede the protection of an individual's life from an

imminent threat; and

(iii) the questioning by the law enforcement officer

is limited to matters reasonably expected to obtain

information necessary to protect an individual's life

from an imminent threat; or

(3) the law enforcement officer needs to establish a

child's or suspected child's name, address, age, guardian

information or health-related concerns and the questions are

limited in scope to reasonably obtain only that information.

(e) Instructions.--

(1) If the requirements of subsection (a) are satisfied

or an exception under subsection (d) applies, a law

enforcement officer shall SLOWLY AND CLEARLY read the

simplified instructions below relating to a child's

constitutional rights:

You have the right to remain silent, which means it

is okay if you do not want to talk with me. If you

talk to me, I can tell people what you said and it

could be used against you and it might get you into

trouble. You have the right to get help from a

lawyer. If your family cannot afford a lawyer, the

court will give you one for free who will work just

for you. If you start to answer my questions, you can

20230HB1381PN2049 - 31 -

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change your mind and stop at any time and I will not

ask you any more questions.

(2) Once the simplified instructions have been read, the

law enforcement officer questioning the child shall ask the

following questions of the child:

(i) Do you understand? If the child answers yes, the

law enforcement officer shall ask the question under

subparagraph (ii).

(ii) Do you want help from a lawyer before we talk?

If the child answers no, the law enforcement officer

shall ask the question under subparagraph (iii).

(iii) Do you want to answer my questions? If the

child answers yes, the law enforcement officer may

proceed with questioning.

Section 7. Section 6340(c), (c.1) and (d) of Title 42 are

amended and the section is amended by adding a subsection to

read:

§ 6340. Consent decree.

* * *

in force for [six] up to four months [unless] and the child [is]

may be discharged sooner by probation services with the approval

of the court. Any evidence-based programs, community service or

other conditions of a consent decree shall be designed to be

completed within the consent decree time frame. Upon application

of the probation services or other agency supervising the child,

made before expiration of the [six-month period] consent decree,

a consent decree may be extended by the court for an additional

[six months.] three months to allow for the completion of the

evidence-based program assessed as necessary for that child or

20230HB1381PN2049 - 32 -

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to complete community service. FURTHER PROGRESS ON MEETING THE

CONDITIONS OF A CONSENT DECREE. No extensions shall be granted

solely for nonpayment of financial obligations unless the

Commonwealth proves that the child was able to pay and failed to

do so.

(c.1) Terms and conditions.--Consistent with the protection

of the public interest, the terms and conditions of a consent

decree may include payment by the child of reasonable amounts of

money as [costs, fees or] restitution, including a [supervision

fee and] contribution not to exceed $10 to a restitution fund

established by the president judge of the court of common pleas

pursuant to section 6352(a)(5) (relating to disposition of

delinquent child), AND A CONTRIBUTION NOT TO EXCEED $25 TO THE

CRIME VICTIMS SERVICES AND COMPENSATION FUND and shall, as

appropriate to the circumstances of each case, include

provisions which provide balanced attention to the protection of

the community, accountability for offenses committed and the

development of competencies to enable the child to become a

responsible and productive member of the community. AN ADMISSION

OF GUILT MAY NOT BE REQUIRED AS A PREREQUISITE FOR A CONSENT

DECREE AND NO OTHER MONETARY OBLIGATION SHALL BE AUTHORIZED.

(c.2) No monetary obligations other than restitution

authorized.--Notwithstanding any other provision of law, the

court, juvenile probation or other officer of the court may not

incorporate fines, fees, costs or other monetary obligations

other than restitution in a consent decree.

(d) Reinstatement of petition.--If prior to discharge by the

probation services or expiration of the consent decree, a new

petition is filed against the child, or the child otherwise

fails to fulfill express nonfinancial terms and conditions of

20230HB1381PN2049 - 33 -

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the decree, the petition under which the child was continued

under supervision may, in the discretion of the district

attorney following consultation with the probation services, be

reinstated and the child held accountable as if the consent

decree had never been entered.

* * *

Section 8. Title 42 is amended by adding a section to read:

§ 6343. School stability for certain students.

(a) Before adjudication.--Before a court rules that a child

is delinquent or a child has been adjudged to have committed a

crime under an adult criminal proceeding that is likely to

affect the child's school placement, the court shall consider

the child's educational needs and stability. The court shall

determine on the record the school placement that is in the

child's best interest and protective of the community,

prioritizing in the following order:

(1) The child remaining in the child's school of origin

in the community.

(2) The child participating virtually in the child's

school of origin.

(3) The child attending the least restrictive school

setting that is in the child's best interest and protective

of the community.

(b) Child's best interest.--In determining the best interest

of the child under subsection (a), the court shall consider how

the school placement will address the child's needs, including a

504 plan or an individualized education plan.

occur at least 30 days prior to the release of a delinquent

child ordered to an out-of-home placement or adjudged to have

20230HB1381PN2049 - 34 -

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committed a crime under an adult criminal proceeding:

(1) The child, the child's parent or guardian or

educational decision maker, the child's attorney, a

representative of the child's school of origin and a

representative of probation shall participate in a best-

interest determination meeting to discuss school placement

options and make a recommendation to the court that

prioritizes education in the least restrictive setting with

appropriate support. Additional interested parties to the

child's case, including, if applicable, a victim or victim's

representative and any other advocates for the child, may

also provide input or participate in the meeting.

(2) The child's school of origin shall develop a

transition and graduation plan for the child, subject to the

requirements of section 1331.1 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, and

any individualized education plan or 504 plan. The transition

and graduation plan shall include academic goals and

information on credit transfers, identify school and

community services appropriate to the needs of the child and

establish any other remaining graduation requirements.

(3) The court shall hold a hearing to determine the

appropriate educational placement for the child upon the

student's release from out-of-home placement, subject to the

requirements under subsection (d).

(d) Return to school of origin.--A delinquent child

returning from placement or who has been adjudged to have

committed a crime under an adult criminal proceeding shall be

returned directly to the child's school of origin unless the

court finds, by clear and convincing evidence and enters those

20230HB1381PN2049 - 35 -

findings in the record orally and in writing, that returning to

the school of origin is not in the best interest of the child or

protective of the community. If the court finds that it is not

in the best interest of the child or protective of the community

for the child to return to the child's school of origin, the

court shall order the child to be enrolled in the least

restrictive school setting that best meets the child's needs.

The child shall be permitted to attend a public school if the

child so chooses, unless the court finds that a public school is

not in the best interest of the child or protective of the

community. Factors guiding a determination under this subsection

shall include:

(1) The recommendation resulting from the best-interest

determination meeting under subsection (c)(1).

(2) The transition and graduation plans developed under

subsection (c)(2).

(3) The appropriateness of the current educational

setting considering the child's needs, including any needs

identified as part of a 504 plan or an individualized

education plan.

(4) The proximity of the school of origin relative to

the location of the child's residence after returning from

placement.

(5) The protection of the community.

(e) School disciplinary action.--A child may not be subject

to any school disciplinary action upon returning to the child's

school of origin for conduct that occurred prior to the child

entering placement.

(A) EDUCATIONAL STABILITY.--AT EVERY COURT HEARING IN A

DELINQUENCY MATTER, INCLUDING AT ANY DETENTION HEARING, THE

20230HB1381PN2049 - 36 -

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COURT SHALL CONSIDER THE CHILD'S EDUCATIONAL STABILITY. IF AT

ANY POINT IN A DELINQUENCY PROCEEDING THE COURT ORDERS A CHILD

REMOVED FROM THE CHILD'S HOME, THE ORDER SHALL ADDRESS THE

EDUCATIONAL STABILITY OF THE CHILD. THE COURT SHALL DETERMINE ON

THE RECORD THE SCHOOL PLACEMENT THAT IS IN THE CHILD'S BEST

INTEREST AND PROTECTIVE OF THE COMMUNITY DURING ANY PERIOD OF

OUT-OF-HOME PLACEMENT, PRIORITIZING THE FOLLOWING:

(1) THE CHILD REMAINING IN THE CHILD'S SCHOOL OF ORIGIN.

(2) THE CHILD VIRTUALLY ATTENDING THE CHILD'S SCHOOL OF

ORIGIN IF IN-PERSON ATTENDANCE IS NOT FEASIBLE DUE TO

DISTANCE OR OTHERWISE NOT IN THE CHILD'S BEST INTEREST.

(3) THE CHILD ATTENDING THE LEAST-RESTRICTIVE SCHOOL

SETTING THAT IS IN THE CHILD'S BEST INTEREST AND PROTECTIVE

OF THE COMMUNITY.

(B) CHILD'S BEST INTEREST.--IN DETERMINING THE BEST INTEREST

OF THE CHILD UNDER SUBSECTION (A), THE COURT SHALL CONSIDER ON

THE RECORD HOW A SCHOOL PLACEMENT WILL ADDRESS THE CHILD'S

LEARNING NEEDS, INCLUDING THE NEEDS DOCUMENTED IN A 504 PLAN OR

AN INDIVIDUALIZED EDUCATION PLAN.

TEAM SHALL BE CREATED FOR EVERY CHILD WHO DOES NOT ALREADY HAVE

AN EDUCATIONAL STABILITY TEAM AND WHO, AT A DISPOSITIONAL

HEARING, IS ORDERED REMOVED FROM THE CHILD'S HOME AND WILL

LIKELY REMAIN IN THE OUT-OF-HOME PLACEMENT FOR MORE THAN 20

CALENDAR DAYS DURING A SCHOOL YEAR. AN EDUCATIONAL STABILITY

TEAM MAY BE CREATED BY THE COURT AT ANY TIME. THE FOLLOWING

SHALL APPLY:

(1) THE EDUCATIONAL STABILITY TEAM SHALL INCLUDE, AT A

MINIMUM, THE CHILD, THE CHILD'S PARENT OR GUARDIAN OR

EDUCATION DECISION MAKER, THE CHILD'S ATTORNEY, A

20230HB1381PN2049 - 37 -

REPRESENTATIVE OF THE CHILD'S SCHOOL OF ORIGIN, THE POINT OF

CONTACT FROM THE CHILD'S SCHOOL OF ORIGIN UNDER SECTION

1331.1 OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS

THE PUBLIC SCHOOL CODE OF 1949 , AND ANY OTHER PARTICIPANT

DEEMED NECESSARY BY THE COURT.

(2) THE COURT MAY CONVENE THE EDUCATIONAL STABILITY TEAM

IN ANY MANNER AND AT ANY TIME, BUT AN EDUCATION TRANSITION

PLAN MUST BE SUBMITTED TO THE COURT BY THE SCHOOL OF ORIGIN

NO LATER THAN 10 BUSINESS DAYS FROM THE ORDER TO CONVENE THE

EDUCATIONAL STABILITY TEAM, WHICH AT A MINIMUM SHALL INCLUDE

EDUCATION RECOMMENDATIONS, LEARNING SUPPORT, INSTRUCTION

GUIDES, DISABILITY OR MENTAL HEALTH ACCOMMODATIONS AND

EDUCATION RECORDS. A MEETING OF THE EDUCATION STABILITY TEAM

SHALL OCCUR PRIOR TO THE SUBMISSION OF THE TRANSITION PLAN

AND NOTE TEAM ATTENDANCE, NOTIFICATION EFFORTS AND ANY

ADDITIONAL FEEDBACK PROVIDED. FOR ANY HIGH SCHOOL STUDENT IN

THEIR FINAL YEAR OF SCHOOL, ADDITIONAL INFORMATION SHALL BE

PROVIDED REGARDING GRADUATION REQUIREMENTS TO INCLUDE STATE

TESTING AND COMMUNITY SERVICE GOALS.

(D) PLACEMENT AFTER RELEASE.--THE COURT SHALL HOLD A HEARING

DURING WHICH THE COURT SHALL ELICIT TESTIMONY REGARDING THE

APPROPRIATE EDUCATIONAL PLACEMENT FOR THE CHILD UPON THE

STUDENT'S RELEASE FROM OUT-OF-HOME PLACEMENT, SUBJECT TO THE

REQUIREMENTS UNDER SUBSECTION (F).

(E) INDIVIDUALIZED EDUCATION PROGRAM.--IF A CHILD'S

EDUCATION WHILE IN AN OUT-OF-HOME DELINQUENCY PLACEMENT IS

PROVIDED BY AN ON-GROUNDS SCHOOL, AND THE STUDENT ENTERED THE

PLACEMENT WITH AN INDIVIDUALIZED EDUCATION PROGRAM, THE SCHOOL

MUST NOTIFY THE COURT, PROBATION AND THE CHILD'S ATTORNEY IN

WRITING, IN ADDITION TO THE PARENT, GUARDIAN OR OTHER EDUCATION

20230HB1381PN2049 - 38 -

DECISION MAKER, OF ANY PROPOSED MATERIAL CHANGE TO THE CHILD'S

INDIVIDUALIZED EDUCATION PROGRAM OTHER THAN TO THE LOCATION OF

THE STUDENT'S PROGRAM. THE FOLLOWING SHALL APPLY:

(1) MATERIAL CHANGES INCLUDE CHANGES TO RELATED

SERVICES, EXTENDED SCHOOL YEAR ELIGIBILITY, POSITIVE BEHAVIOR

SUPPORT PLANS OR TO THE AMOUNT OR TYPE OF SPECIAL EDUCATION

SUPPORTS TO BE PROVIDED.

(2) THE NOTICE SHALL INCLUDE OR CAN CONSIST OF A COPY OF

THE NOTICE OF RECOMMENDED EDUCATIONAL PLACEMENT/PRIOR WRITTEN

NOTICE AND DOCUMENTATION THAT IT WAS PROVIDED TO THE PARENT,

GUARDIAN OR OTHER EDUCATIONAL DECISION MAKER.

(3) NO FEDERAL OR STATE EDUCATIONAL RIGHTS ARE WAIVED OR

LIMITED DUE TO OUT-OF-HOME PLACEMENT.

(F) RETURN TO SCHOOL OF ORIGIN.--A DELINQUENT CHILD

RETURNING FROM PLACEMENT OR WHO HAS BEEN ADJUDGED TO HAVE

COMMITTED A CRIME UNDER AN ADULT CRIMINAL PROCEEDING SHALL HAVE

THE RIGHT TO BE RETURNED DIRECTLY TO THE CHILD'S SCHOOL OF

ORIGIN, SUBJECT TO OTHER STATUTORY LIMITATIONS.

(G) SCHOOL DISCIPLINARY ACTION.--A CHILD MAY NOT BE SUBJECT

TO ANY SCHOOL DISCIPLINARY ACTION UPON RETURNING TO THE CHILD'S

SCHOOL OF ORIGIN FOR CONDUCT THAT OCCURRED PRIOR TO THE CHILD

ENTERING PLACEMENT.

Section 9. Sections 6352, 6353(a) and 6355(a)(1) and (4)

(iii), (e) and (g) of Title 42 are amended to read:

§ 6352. Disposition of delinquent child.

(a) General rule.--If the child is found to be a delinquent

child the court may make any of the following orders of

disposition determined to be consistent with the protection of

the public interest and best suited to the child's treatment,

supervision, rehabilitation and welfare, which disposition

20230HB1381PN2049 - 39 -

shall, as appropriate to the individual circumstances of the

child's case, provide balanced attention to the protection of

the community, the imposition of accountability for offenses

committed and the development of competencies to enable the

child to become a responsible and productive member of the

community:

(1) Any order authorized by section 6351 (relating to

disposition of dependent child).

(2) Placing the child on probation under supervision of

the probation officer of the court or the court of another

state as provided in section 6363 (relating to ordering

foreign supervision), under conditions and limitations the

court prescribes[.] in accordance with the following:

(i) For misdemeanors, a term of probation may not

exceed four 12 months per petition or course of conduct.

A term of probation may be extended up to an additional

four THREE months in order to complete an evidence-based

program or court-approved program.

(ii) For felonies, a term of probation may not

exceed eight 18 months per petition or course of conduct.

A term of probation may be extended up to an additional

four THREE months to complete an evidence-based program

or court-approved program.

(iii) Upon completion of the original probation term

or extension, the court shall close probation. The court

may refer the child to dependency if warranted.

(3) [Committing] In accordance with subsection (a.1),

committing the child to an institution, youth development

center, camp, or other facility for delinquent children

operated under the direction or supervision of the court or

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other public authority and approved by the Department of

[Public Welfare] Human Services.

(4) [If] In accordance with subsection (a.1), if the

child is [12] 13 years of age or older, committing the child

to an institution operated by the Department of [Public

Welfare] Human Services.

(5) Ordering payment by the child of reasonable amounts

of [money as fines, costs, fees or] restitution as deemed

appropriate as part of the plan of rehabilitation

[considering the nature of the acts committed and the earning

capacity of the child] and subject to the requirements under

subsection (d), including a contribution to a restitution

fund not to exceed $10 AND A CONTRIBUTION TO THE CRIME

VICTIMS SERVICES AND COMPENSATION FUND NOT TO EXCEED $25. The

president judge of the court of common pleas shall establish

a restitution fund for the deposit of all contributions to

the restitution fund which are received or collected. The

president judge of the court of common pleas shall promulgate

written guidelines for the administration of the fund.

Disbursements from the fund shall be made, subject to the

written guidelines and the limitations of this chapter, at

the discretion of the president judge and used to reimburse

crime victims for financial losses resulting from delinquent

acts. For an order made under this subsection, the court

[shall] may retain jurisdiction until there has been full

compliance with the order or until the delinquent child

attains 21 years of age. Any restitution order which remains

unpaid at the time the child attains 21 years of age [shall]

may continue to be collectible under section 9728 (relating

to collection of restitution, reparation, fees, costs, fines

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and penalties). No restitution may be forgiven without

providing a victim with timely notice of a hearing on the

forgiveness of restitution and without the court issuing

findings on the record.

(6) An order of the terms of probation may include [an

appropriate fine considering the nature of the act committed

or] restitution not in excess of actual damages caused by the

child and subject to the requirements under subsection (d),

which shall be paid from the earnings of the child received

through participation in a constructive program of service or

education acceptable to the victim and the court whereby,

during the course of such service, the child shall be paid

not less than the minimum wage of this Commonwealth. In

ordering such service, the court shall take into

consideration the age, physical and mental capacity of the

child and the service shall be designed to impress upon the

child a sense of responsibility for the injuries caused to

the person or property of another. The order of the court

shall be limited in duration consistent with the limitations

in section 6353 (relating to limitation on and change in

place of commitment) and in the former act of May 13, 1915

(P.L.286, No.177), known as the Child Labor Law. The court

order shall specify the nature of the work, the number of

hours to be spent performing the assigned tasks, and shall

further specify that as part of a plan of treatment and

rehabilitation that up to 75% of the earnings of the child be

used for restitution in order to provide positive

reinforcement for the work performed.

In selecting from the alternatives set forth in this section,

the court shall follow the general principle that the

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disposition imposed should provide the means through which the

provisions of this chapter are executed and enforced consistent

with section 6301(b) (relating to [purposes] short title and

purposes of chapter) and when confinement is necessary, the

court shall impose the minimum amount of confinement that is

consistent with the protection of the public and the

rehabilitation needs of the child.

(a.1) Removal from home.--

(1) A child may not be removed from the child's home as

disposition for an adjudication of delinquency under

subsection (a), unless the court determines that at least one

of the following applies:

(i) The child poses a significant risk to the safety

of a victim. In determining whether the child poses a

significant risk to the safety of a victim, the court

shall consider:

(A) The community and family supports for the

child.

(B) All possible community-based services and

supports that would lessen the risk of physical harm.

(D) Whether the child used a deadly weapon in

the commission of the offense.

(E) Whether the child intentionally inflicted

serious bodily injury upon another person in the

commission of the offense.

(F) The nature of the offense.

(ii) By assessment, the child is medically in need

of residential drug and alcohol treatment or mental

health services.

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(iii) By assessment, residential treatment is the

most appropriate and least restrictive setting for a

child adjudicated delinquent of a sexual offense.

(2) In cases where the court has determined, after

consideration, that removal and placement of the child is

found to be appropriate and has assigned the least

restrictive dispositional option available, the court shall

provide the court's reasons for removal and placement of the

child on the record and in writing.

(a.2) Placement out of home prohibited.--The court may not

remove a child from the child's home:

(1) For a technical violation of the terms and

conditions of an order of probation, which shall not include:

(i) The commission of a new offense in which the

child is adjudicated delinquent or convicted in a court

of record.

(ii) The violation of a no-contact order which

places the safety of the community or a victim at risk.

(iii) Repeated violations of probation for an

offense involving the threat to or use or possession of a

deadly weapon or the intentional infliction of serious

bodily injury to a victim.

(2) For lack of outpatient treatment options in the

community absent a recommendation to do so through an

independent assessment which determines drug, alcohol or

mental health services are medically necessary.

(3) For concerns related to the welfare, safety, neglect

or health of the child. Concerns under this paragraph shall

be referred to the appropriate child welfare agency.

(a.3) Placement out of State.--A child removed from the

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child's home under subsection (a.2) may not be placed out of

State unless medically needed services recommended by assessment

are not available in State.

(a.4) Placement not to be extended.--

(1) If the court imposes a disposition of out-of-home

placement in response to an adjudication of delinquency, the

period of commitment shall not exceed four SIX months. The

court may extend the period of placement for an additional

three months if the court finds:

(i) An extension is necessary to complete an

evidence-based program or a program rated by a

standardized tool as effective for reducing recidivism,

consistent with the child's assessed criminogenic needs

that is already underway, and that the program cannot be

completed in the community.

(ii) A child adjudicated for murder or a sex offense

designated as a felony of the first degree if committed

by an adult poses a threat to the safety of the community

or a victim in consideration of subsection (a.1)(1)(i),

(ii) and (iii).

(2) In cases where the court has determined that it is

necessary and appropriate to extend placement beyond four

months, the court shall contemporaneously state the reasons

for the continued placement of the child on the record and in

writing.

(3) The court shall not extend a period of commitment in

out-of-home placement, nor remove a child from placement, due

to behavior that is a manifestation of the child's

disability, unless agreed to by the child or upon court

finding that the placement is not able to provide necessary

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accommodations and support for the child's disability. Under

no circumstances shall a manifestation of disability serve as

grounds for a probation violation, technical violation or a

finding of failure to adjust. The following apply:

(i) In cases where a child with a disability's

behavior in an out-of-home placement forms a part of an

allegation of a probation violation, technical violation

or a failure to adjust, the court shall conduct a

manifest determination review with the child and the

child's parents or guardians, to determine whether the

behavior in question reflected a manifestation of the

child's disability. At a minimum, the court shall review:

(A) Current or most recent Individualized

Education Plan, 504 plan, functional behavioral

assessment or positive behavioral support plan.

(B) Teacher observations, therapist

recommendations and most recent assessments.

conduct in question was caused by, or had a direct

and substantial relationship to, the child's

disability.

(D) Related information as to whether the

conduct in question was the direct result of the

failure to implement a current Individualized

Education Plan, 504 plan or any recommended

therapeutic support or reasonable extension of

therapeutic support.

(ii) If the court determines that the conduct was a

manifestation of the child's disability:

(A) the court shall:

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(I) return the child to the placement with

proper supports;

(II) transfer the child without support to a

more appropriate placement if the child agrees;

(III) return the child to the child's home;

and

(B) the court shall either:

(I) conduct ORDER a functional behavioral

assessment, unless a functional behavioral

assessment had occurred before the behavior

inquisition and a behavioral intervention plan

for the child was implemented; or

(II) review the behavioral intervention plan

and modify it, as necessary, to address the

behavior.

(4) Nothing in this subsection is intended to alter or

limit related rights under Federal or State law or to limit

consideration of matters in any aspect of the dependency or

delinquency systems.

(b) Limitation on place of commitment.--A child shall not be

committed or transferred to a penal institution or other

facility used primarily for the execution of sentences of adults

convicted of a crime.

order of disposition under subsection (a), the court shall state

its disposition and the reasons for its disposition on the

record in open court, together with the goals, terms and

conditions of that disposition. If the child is to be committed

to out-of-home placement, the court shall also state the name of

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the specific facility or type of facility to which the child

will be committed and its findings and conclusions of law that

formed the basis of its decision consistent with subsection (a)

and section 6301, including the reasons why commitment to that

facility or type of facility was determined to be the least

restrictive placement that is consistent with the protection of

the public and best suited to the child's treatment,

supervision, rehabilitation and welfare. The following apply:

(1) Prior to entering an order committing a child with

an Individualized Education Plan or 504 plan to an out-of-

home placement, the court shall make an independent

determination on the record if the child will be provided a

free appropriate public education while in the placement,

including receiving services prescribed in the child's

current Individualized Education Plan or 504 plan.

(2) If a child's Individualized Education Plan or 504

plan cannot be implemented, followed or measured to provide

a free and appropriate public education as required under 20

U.S.C. Ch. 33 (relating to education of individuals with

disabilities) at an out-of-home placement, the out-of-home

placement shall be deemed an inappropriate placement for the

child and the child shall not be mandated to that placement.

(d) Restitution.--

(1) Restitution shall be ordered after a finding that

the requested restitution constitutes a material loss and is

owed to the actual victim and a hearing is held on the

child's ability to pay. In determining whether the child will

be able to pay restitution, the court:

(i) Shall consider the age of the child and whether

the child is able to legally obtain employment.

20230HB1381PN2049 - 48 -

(ii) May not consider the income OR ASSETS of the

parents of the child.

(iii) Shall consider the ability of the court and

probation department to assist the child in paying the

restitution, including the existence of restitution

funds, community service or work programs.

(iv) Shall consider whether the victim is willing to

accept another form of restorative justice in lieu of

payment of money.

(v) Shall consider whether the child will be able to

pay restitution in the time that the child is reasonably

expected to be under supervision.

(2) If restitution cannot be paid in full by the child,

the court shall implement an installment plan consistent with

the probation goals deemed necessary for the child. No child

who has the ability to pay shall be ordered to pay a monthly

installment amount greater than three FIVE hours of minimum

wage of this Commonwealth.

(3) At every postdisposition review proceeding, the

court shall make findings of the progress a child has made

toward satisfying the order for restitution and shall inquire

as to the assistance given to the child by the probation

department and placement providers. A child shall have at

least one review hearing every four months. The court may

schedule a review hearing at any time or upon motion of a

parent or legal guardian.

(4) The court may modify the order for restitution at

any postdispositional proceeding, provided the victim has an

opportunity to object by receiving notice of the hearing.

(5) If a child has satisfied all conditions of

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supervision other than payment of restitution in full, the

court shall enter an order for termination of supervision,

provided the victim has an opportunity to object by receiving

notice of the hearing. The court shall make findings on the

record with regard to the reason for the termination of

supervision AND FORGIVENESS OF OUTSTANDING RESTITUTION . The

court shall not index a civil judgment against the child.

Nothing in this paragraph shall be construed to preclude a

victim from pursuing civil judgments against a responsible

party.

(e) Educational stability.--

(1) An order resulting in the removal of a child from

the child's home or a change in placement shall address the

educational stability of the child.

(2) A child removed from home shall remain in the

child's school of origin unless the court finds remaining in

the school of origin is not in the child's best interest or

protection of the community. If the court finds that it is

not in the best interest for the child or protection of the

community to remain in the school of origin, then the court

may order the child to be enrolled in another school that

best meets the child's needs.

(3) If the court orders a child with a disability to be

enrolled in another school, the best interest determination

shall include a finding on the record that the school is

willing and able to provide a free and appropriate public

education under 20 U.S.C. Ch. 33 to the child, including

following, monitoring and measuring Individualized Education

Plan goals.

(4) If a court orders a child to be enrolled in another

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school under paragraph (2), the child shall attend a public

school unless the court finds that a public school is not in

the best interest of the child or protection of the

community.

(f) (E) Employment in placement.--A child employed by the

placement shall not be paid less than the minimum wage under

section 4 of the act of January 17, 1968 (P.L.11, No.5), known

as The Minimum Wage Act of 1968.

§ 6353. Limitation on and change in place of commitment.

(a) [General rule.--No child shall initially be committed to

an institution for a period longer than four years or a period

longer than he could have been sentenced by the court if he had

been convicted of the same offense as an adult, whichever is

less. The initial commitment may be extended for a similar

period of time, or modified, if the court finds after hearing

that the extension or modification will effectuate the original

purpose for which the order was entered. The child shall have

notice of the extension or modification hearing and shall be

given an opportunity to be heard.] Disposition review hearing.--

The committing court shall [review each commitment every six

months and shall] hold a disposition review hearing at least

every [nine] three months.

* * *

§ 6355. Transfer to criminal proceedings.

(a) General rule.--After a petition has been filed alleging

delinquency based on conduct which is designated a crime or

public offense under the laws, including local ordinances, of

this Commonwealth, the court before hearing the petition on its

merits may rule that this chapter is not applicable and that the

offense should be prosecuted, and transfer the offense, where

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appropriate, to the division or a judge of the court assigned to

conduct criminal proceedings, for prosecution of the offense if

all of the following exist:

(1) The child was [14] 16 or more years of age at the

time of the alleged conduct.

* * *

(4) The court finds:

* * *

(iii) that there are reasonable grounds to believe

that the public interest is served by the transfer of the

case for criminal prosecution. In determining whether the

public interest can be served, the court shall consider

the Commonwealth's argument of the following factors:

(A) the impact of the offense on the victim or

victims;

(B) the impact of the offense on the community;

any individual posed by the child;

(D) the nature and circumstances of the offense

allegedly committed by the child;

(E) the degree of the child's culpability;

(F) the adequacy and duration of dispositional

alternatives available under this chapter and in the

adult criminal justice system; and

(G) whether the child is amenable to treatment,

supervision or rehabilitation as a juvenile by

considering the following factors:

(I) age;

(II) mental capacity;

(III) maturity;

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(IV) the degree of criminal sophistication

exhibited by the child;

(V) previous records, if any;

(VI) the nature and extent of any prior

delinquent history, including the success or

failure of any previous attempts by the juvenile

court to rehabilitate the child;

(VII) whether the child can be rehabilitated

prior to the expiration of the juvenile court

jurisdiction;

(VIII) probation or institutional reports,

if any;

(IX) any other relevant factors; and

* * *

[(e) Murder and other excluded acts.--Where the petition

alleges conduct which if proven would constitute murder, or any

of the offenses excluded by paragraph (2)(ii) or (iii) of the

definition of "delinquent act" in section 6302 (relating to

definitions), the court shall require the offense to be

prosecuted under the criminal law and procedures, except where

the case has been transferred pursuant to section 6322 (relating

to transfer from criminal proceedings) from the division or a

judge of the court assigned to conduct criminal proceedings.]

* * *

(g) Burden of proof.--The burden of establishing by a

preponderance of evidence that the public interest is served by

the transfer of the case to criminal court and that a child is

not amenable to treatment, supervision or rehabilitation as a

juvenile shall rest with the Commonwealth. [unless the following

apply:

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(1) (i) a deadly weapon as defined in 18 Pa.C.S. § 2301

(relating to definitions) was used and the child was 14

years of age at the time of the offense; or

(ii) the child was 15 years of age or older at the

time of the offense and was previously adjudicated

delinquent of a crime that would be considered a felony

if committed by an adult; and

(2) there is a prima facie case that the child committed

a delinquent act which, if committed by an adult, would be

classified as rape, involuntary deviate sexual intercourse,

aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or

(2) (relating to aggravated assault), robbery as defined in

18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to

robbery), robbery of motor vehicle, aggravated indecent

assault, kidnapping, voluntary manslaughter, an attempt,

conspiracy or solicitation to commit any of these crimes or

an attempt to commit murder as specified in paragraph (2)(ii)

of the definition of "delinquent act" in section 6302.

If either of the preceding criteria are met, the burden of

establishing by a preponderance of the evidence that retaining

the case under this chapter serves the public interest and that

the child is amenable to treatment, supervision or

rehabilitation as a juvenile shall rest with the child.]

Section 10. The amendment or addition of 42 Pa.C.S. §§

6301(b)(1.1), 6302, 6303(b), 6304(a)(5) and (c), 6304.1,

6307(b), 6311(b)(2), 6322, 6323, 6324, 6325, 6326(b) and (c),

6327, 6329, 6336.1(b)(3) introductory paragraph and (xii),

6338.1, 6340(c), (c.1), (c.2) and (d), 6343, 6352, 6353(a) and

6355(a)(1) and (4)(iii), (e) and (g) shall apply to all juvenile

proceedings initiated on or after the effective date of this

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section.

Section 11. This act shall take effect in six months.

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