Dependency in lieu of delinquency. (a)  Referral to county agency.-- The offenses provided under subsection (b) shall be referred to a county agency under

§ 6328.  Dependency in lieu of delinquency. (a)  Referral to county agency.-- The offenses provided under subsection (b) shall be referred to a county agency under 23 Pa.C.S. §§ 6362 (relating to responsibilities of county agency for child protective services) and 6375 (relating to county agency requirements for general protective services) if the offense: (1)  Is committed by a child as a direct result of being a sexually exploited child as defined in 18 Pa.C.S. § 3001 (relating to definitions). (2)  Is directly related to having been subject to human trafficking as defined in 18 Pa.C.S. § 3001. (b)  Eligible offenses.-- Eligible offenses for referral to a county agency include the following: (1)  18 Pa.C.S. § 3503 (relating to criminal trespass). (2)  18 Pa.C.S. § 4914 (relating to false identification to law enforcement authorities). (3)  18 Pa.C.S. § 5503 (relating to disorderly conduct). (4)  18 Pa.C.S. § 5506 (relating to loitering and prowling at night time). (5)  An offense for simple possession of a controlled substance under section 13(a)(16) and (31) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act. (c)  Delinquency proceedings.-- (1)  If an offense listed in subsection (b) is referred to a county agency, delinquency proceedings under this chapter may not be commenced immediately. (2)  If treatment and social services are unsuccessful while the dependency petition is pending, as evidenced by the child's behavior, and the county agency believes that juvenile justice services are necessary and warranted, the county agency shall refer the child's case to the juvenile probation department or district attorney's office for the commencement of delinquency proceedings. (d)  Record expungement.-- Upon the final discharge of supervision, juvenile court records relating to an offense listed in subsection (b) shall be expunged by the court under 18 Pa.C.S. § 9123 (relating to juvenile records). (Oct. 24, 2018, P.L.797, No.130, eff. 60 days) 2018 Amendment. Act 130 added section 6328. Cross References. Section 6328 is referred to in section 3065 of Title 18 (Crimes and Offenses).