Other basic rights. (a) General rule.-- A party is entitled to the opportunity to introduce evidence and otherwise be heard
Pennsylvania Consolidated Statutes
Section: 6338
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 6338
§ 6338. Other basic rights. (a) General rule.-- A party is entitled to the opportunity to introduce evidence and otherwise be heard
in his own behalf and to cross-examine witnesses. (b) Self-incrimination.-- A child charged with a delinquent act need not be a witness against or otherwise incriminate
himself. An extrajudicial statement, if obtained in the course of violation of this
chapter or which could be constitutionally inadmissible in a criminal proceeding,
shall not be used against him. Evidence illegally seized or obtained shall not be
received over objection to establish the allegations made against him. A confession
validly made by a child out of court at a time when the child is under 18 years of
age shall be insufficient to support an adjudication of delinquency unless it is corroborated
by other evidence. (c) Statements and information obtained during screening or assessment.-- (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. (Oct. 9, 2008, P.L.1396, No.109, eff. 60 days) 2008 Amendment. Act 109 added subsec. (c). Cross References. Section 6338 is referred to in sections 6315, 6368 of Title 23 (Domestic Relations).
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