Intercounty Transfer and Courtesy Supervision

(a) Intercounty Transfer. (1) Timing . Upon motion of a party or court, and after a hearing, the court may order the transfer of a non-resident juvenile’s case to the juvenile’s county of residence at any time after ruling on the offenses in accordance with Rule 408 and prior to the disposition hearing. (2) Notice . The court shall serve notice of the hearing upon the parties and the juvenile probation office. The district attorney in the proposed receiving county shall receive notice of the hearing and be granted standing to participate in the hearing. (3) Hearing . The hearing should be conducted in the transferring county no more than 20 days from the date of the notice in subdivision (a)(2). The district attorney in the proposed receiving county shall be permitted to appear at the hearing utilizing advanced communication technology. (4) Acceptance of Jurisdiction . If the court in the transferring county finds that the proposed transfer would be consistent with the protection of the public interest and best suited to the juvenile’s treatment, supervision, rehabilitation, and welfare: (i) the court shall communicate with the president judge or designee of the receiving judicial district to ascertain whether jurisdiction will be accepted; (ii) a record of the communication shall be made and served promptly by the court on the parties; and (iii) upon service of the record of the communication, the parties shall have five days to file written responses with the court regarding the decision to accept jurisdiction. (5) Order . (i) An order approving a transfer shall specify an effective date for the transfer no less than ten days from date of the order to allow for the coordination of services and preparation of the official court record for transmission. (ii) If not contained in the official court record, the order should enter a finding of the amount of restitution owed and to whom it should be paid, if available. (iii) The court shall direct the clerk of courts to serve the order upon the parties, the receiving county agency, and the president judge or designee of the receiving court, if applicable. (6) Matters of Cooperation between Courts . Communication between courts and juvenile probation offices on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication. (7) Receiving Court . On or before the effective date of the order established in subdivision (a)(5)(i), the receiving court shall enter an order: (i) accepting jurisdiction of the case as of the effective date; (ii) appointing counsel for the juvenile; (iii) directing the clerk of courts to serve the order upon the transferring court, if necessary, the county agencies, the parties, and the transferring county’s clerk of courts; and (iv) scheduling the next court proceeding for the juvenile. (8) Next Court Proceeding . The time requirements of these rules for the next court proceeding shall be calculated from the effective date for the transfer. (9) Transmission of Official Court Record. (i) The transferring county’s clerk of courts shall inform the clerk of the receiving court of the manner in which certified copies of all documents, reports, and summaries in the child’s official court record will be transferred. (ii) On the effective date of the transfer, the transferring county’s clerk of courts shall transmit certified copies of all documents, reports, and summaries in the juvenile’s official court record to the clerk of the court of the receiving county. (iii) The receiving county’s clerk of courts shall notify its county agency and the transferring court of its receipt of the official court records. (b) Courtesy Supervision. (1) Timing. The court may transfer supervision of a juvenile to the juvenile’s county of residence after: (i) a consent decree is entered; or (ii) a dispositional order is entered. (2) Transmission of Records . The juvenile probation office of the transferring court shall transfer its juvenile probation files and a copy of the official court record to the juvenile probation office where the case has been transferred. (3) Continuity of Services. The juvenile probation offices shall arrange for the continuity of services the juvenile may be receiving with minimal disruption. (4) Withdrawal of Supervision. The county providing courtesy supervision may, with cause, withdraw supervision at any time and return the matter for further action to the county which entered the dispositional order. Comment: Pursuant to subdivision (a), a juvenile’s case may be transferred to the juvenile’s county of residence after a ruling on offenses or after an adjudication of delinquency. See 42 Pa.C.S. § 6321(c)(1). However, a transfer is not required. The court entering the dispositional order is responsible for implementing the disposition, including the costs of placement or treatment, and the collection of any financial obligations from the juvenile. Judicial communications and service of orders on judges is unnecessary if the intercounty transfer occurs within the same judicial district. Nothing in the rule is intended to prevent the juvenile probation office’s participation as a witness for the district attorney or a witness called by the court. See Pa.R.E. 614 (Court’s Calling or Examining a Witness). A transfer is not best suited to the juvenile’s treatment, supervision, rehabilitation, and welfare if the receiving judicial district does not accept jurisdiction. The period between the order approving the transfer and the effective date of the transfer is intended to prepare for the case transfer. The juvenile probation offices are expected to communicate prior to the actual transfer of a case to another county so that efforts can be coordinated and services, if any, transitioned without interruption. Coordination includes the transfer of records maintained by the juvenile probation office that are not otherwise included in the official court record. This period also allows the clerk to prepare the official court record for transmission to the receiving county on the effective date of the transfer. Nothing in this rule prohibits the use of electronic means when transferring and receiving records. However, if there is an electronic transfer, the receiving county is to send an electronic confirmation of receipt of the records as the return receipt. The transferring county’s clerk of courts is to docket the confirmation of receipt of records by the receiving county and may close the case once the confirmation has been received. Upon receiving the order accepting the case, the transferring court may order the termination of court supervision pursuant to Rule 630(b). Pursuant to subdivision (b)(2), if only supervision is being transferred, the juvenile’s official court record is not required to be transferred to the clerk of courts of the receiving county. Source The provisions of this Rule 302 amended December 24, 2009, effective immediately, 40 Pa.B. 222; amended May 21, 2012, effective August 1, 2012, 42 Pa.B. 3203; amended February 18, 2026, effective July 1, 2026, 56 Pa.B. 1108. Immediately preceding text appears at serial pages (361565) to (361566). (iii) upon service of the record of the communication, the parties shall have five days to file written responses with the court regarding the decision to accept jurisdiction. (iv) scheduling the next court proceeding for the juvenile. (ii) a dispositional order is entered.