Adjudication. (a) General rule.-- After hearing the evidence on the petition the court shall make and file its findings
Pennsylvania Consolidated Statutes
Section: 6341
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 6341
§ 6341. Adjudication. (a) General rule.-- After hearing the evidence on the petition the court shall make and file its findings
as to whether the child is a dependent child. If the petition alleges that the child
is delinquent, within seven days of hearing the evidence on the petition, the court
shall make and file its findings whether the acts ascribed to the child were committed
by him. This time limitation may only be extended pursuant to the agreement of the
child and the attorney for the Commonwealth. The court's failure to comply with the
time limitations stated in this section shall not be grounds for discharging the child
or dismissing the proceeding. If the court finds that the child is not a dependent
child or that the allegations of delinquency have not been established it shall dismiss
the petition and order the child discharged from any detention or other restriction
theretofore ordered in the proceeding. For cases involving allegations of delinquency
where fingerprints or photographs or both have been taken by a law enforcement agency
and where it is determined that acts ascribed to the child were not committed by him,
the court shall direct that those records be immediately destroyed by law enforcement
agencies and shall commence expungement proceedings in accordance with 18 Pa.C.S.
§ 9123 (relating to juvenile records) and the Pennsylvania Rules of Juvenile Court
Procedure. (b) Finding of delinquency.-- If the court finds on proof beyond a reasonable doubt that the child committed the
acts by reason of which he is alleged to be delinquent it shall enter such finding
on the record and shall specify the particular offenses, including the grading and
counts thereof which the child is found to have committed. The court shall then proceed
immediately or at a postponed hearing, which shall occur not later than 20 days after
such finding if the child is in detention or not more than 60 days after such finding
if the child is not in detention, to hear evidence as to whether the child is in need
of treatment, supervision or rehabilitation, as established by a preponderance of
the evidence, and to make and file its findings thereon. This time limitation may
only be extended pursuant to the agreement of the child and the attorney for the Commonwealth.
The court's failure to comply with the time limitations stated in this section shall
not be grounds for discharging the child or dismissing the proceeding. In the absence
of evidence to the contrary, evidence of the commission of acts which constitute a
felony shall be sufficient to sustain a finding that the child is in need of treatment,
supervision or rehabilitation. If the court finds that the child is not in need of
treatment, supervision or rehabilitation it shall dismiss the proceeding, discharge
the child from any detention or other restriction theretofore ordered and commence
expungement proceedings in accordance with 18 Pa.C.S. § 9123 and the Pennsylvania
Rules of Juvenile Court Procedure. (b.1) School notification.-- (1) Upon finding a child to be a delinquent child, the court shall, through the juvenile
probation department, provide the following information to the building principal
or his or her designee of any public, private or parochial school in which the child
is enrolled: (i) Name and address of the child. (ii) The delinquent act or acts which the child was found to have committed. (iii) A brief description of the delinquent act or acts. (iv) The disposition of the case. (2) If the child is adjudicated delinquent for an act or acts which if committed by an
adult would be classified as a felony, the court, through the juvenile probation department,
shall additionally provide to the building principal or his or her designee relevant
information contained in the juvenile probation or treatment reports pertaining to
the adjudication, prior delinquent history and the supervision plan of the delinquent
child. (3) Notwithstanding any provision set forth herein, the court or juvenile probation department
shall have the authority to share any additional information regarding the delinquent
child under its jurisdiction with the building principal or his or her designee as
deemed necessary to protect public safety or to enable appropriate treatment, supervision
or rehabilitation of the delinquent child. (4) Information provided under this subsection is for the limited purposes of protecting
school personnel and students from danger from the delinquent child and of arranging
appropriate counseling and education for the delinquent child. The building principal
or his or her designee shall inform the child's teacher of all information received
under this subsection. Information obtained under this subsection may not be used
for admissions or disciplinary decisions concerning the delinquent child unless the
act or acts surrounding the adjudication took place on or within 1,500 feet of the
school property. (5) Any information provided to and maintained by the building principal or his or her
designee under this subsection shall be transferred to the building principal or his
or her designee of any public, private or parochial school to which the child transfers
enrollment. (6) Any information provided to the building principal or his or her designee under this
subsection shall be maintained separately from the child's official school record.
Such information shall be secured and disseminated by the building principal or his
or her designee only as appropriate in paragraphs (4) and (5). (b.2) Evidence on the finding of delinquency.-- (1) No statements, admissions or confessions made by or incriminating information obtained
from a child in the course of a screening or assessment that is undertaken in conjunction
with any proceedings under this chapter, including, but not limited to, that which
is court ordered, shall be admitted into evidence against the child on the issue of
whether the child committed a delinquent act under this chapter or on the issue of
guilt in any criminal proceeding. (2) The provisions of paragraph (1) are in addition to and do not override any existing
statutory and constitutional prohibition on the admission into evidence in delinquency
and criminal proceedings of information obtained during screening, assessment or treatment. (c) Finding of dependency.-- If the court finds from clear and convincing evidence that the child is dependent,
the court shall proceed immediately or at a postponed hearing, which shall occur not
later than 20 days after adjudication if the child has been removed from his home,
to make a proper disposition of the case. (c.1) Aggravated circumstances.-- If the county agency or the child's attorney alleges the existence of aggravated circumstances
and the court determines that the child is dependent, the court shall also determine
if aggravated circumstances exist. If the court finds from clear and convincing evidence
that aggravated circumstances exist, the court shall determine whether or not reasonable
efforts to prevent or eliminate the need for removing the child from the home or to
preserve and reunify the family shall be made or continue to be made and schedule
a hearing as required in section 6351(e)(3) (relating to disposition of dependent
child). (d) Evidence on issue of disposition.-- (1) (i) In disposition hearings under subsections (b) and (c) all evidence helpful in determining
the questions presented, including oral and written reports, may be received by the
court and relied upon to the extent of its probative value even though not otherwise
competent in the hearing on the petition. (ii) Subparagraph (i) includes any screening and assessment examinations ordered by the
court to aid in disposition, even though no statements or admissions made during the
course thereof may be admitted into evidence against the child on the issue of whether
the child committed a delinquent act. (2) The parties or their counsel shall be afforded an opportunity to examine and controvert
written reports so received and to cross-examine individuals making the reports. Sources
of information given in confidence need not be disclosed. (e) Continued hearings.-- On its motion or that of a party the court may continue the hearings under this section
for a reasonable period, within the time limitations imposed by this section, to receive
reports and other evidence bearing on the disposition or the need for treatment, supervision
or rehabilitation. In this event the court shall make an appropriate order for detention
of the child or his release from detention subject to supervision of the court during
the period of the continuance. In scheduling investigations and hearings the court
shall give priority to proceedings in which a child is in detention or has otherwise
been removed from his home before an order of disposition has been made. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Mar. 15, 1995, 1st Sp.Sess., P.L.972,
No.6, eff. 60 days; Nov. 17, 1995, 1st Sp.Sess., P.L.1115, No.30, eff. 60 days; Dec.
15, 1998, P.L.949, No.126, eff. Jan. 1, 1999; May 10, 2000, P.L.74, No.18, eff. 60
days; Dec. 9, 2002, P.L.1705, No.215, eff. 60 days; Oct. 9, 2008, P.L.1396, No.109,
eff. 60 days; June 28, 2018, P.L.361, No.49, eff. 60 days; Oct. 16, 2024, P.L.1006,
No.108, eff. 180 days) 2024 Amendment. Act 108 amended subsecs. (a) and (b). 2008 Amendment. Act 109 amended subsec. (d) and added subsec. (b.2). 2000 Amendment. Act 18 amended subsecs. (a), (b) and (e). Section 5(1) of Act 18 provided that Act
18 shall apply to proceedings initiated on or after the effective date of Act 18. 1998 Amendment. Act 126 added subsec. (c.1). 1995 Amendments. Act 6, 1st Sp.Sess., amended subsec. (a) and Act 30, 1st Sp.Sess., added subsec. (b.1). 1978 Amendment. Act 53 amended subsecs. (a), (b) and (c). Cross References. Section 6341 is referred to in sections 6308, 6337.1, 9799.19, 9799.23 of this title;
section 6105 of Title 18 (Crimes and Offenses); sections 2512, 6303 of Title 23 (Domestic
Relations).
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