Pennsylvania
| Code | Subject Matter |
| Cons. Stat. § 6301 | Juvenile Matters: Short title and purposes of chapter |
| Cons. Stat. § 6302 | Juvenile Matters: Definitions |
| Cons. Stat. § 6307 | Juvenile Matters: Inspection of court files and records |
| Cons. Stat. § 6308 | Juvenile Matters: Law enforcement records |
| Cons. Stat. § 6309 | Juvenile Matters: Juvenile history record information |
| Cons. Stat. § 6341 | Juvenile Matters: Adjudication |
| Stat. Ann. § 13-1302-A | Office for Safe Schools |
| Stat. Ann. § 13-1303-A | Safe Schools: Reporting |
| Stat. Ann. § 13-1305-A | Safe Schools: Transfer of records |
| Stat. Ann. § 13-1306-A | Safe Schools: Availability of records |
| Stat. Ann. § 13-1307-A | Safe Schools: Maintenance of records |
| Stat. Ann. § 13-1310-A | Safe Schools: Safe schools advocate in school districts of the first class |
| Stat. Ann. § 13-1312-A | Safe Schools: Enforcement |
| Court Rule 163 | Release of Information to School |
PENNSYLVANIA CONSOLIDATED STATUTES
TITLE 42. JUDICIARY AND JUDICIAL PROCEDURE
PART VI. ACTIONS, PROCEEDINGS AND OTHER MATTERS GENERALLY
CHAPTER 63. JUVENILE MATTERS
SUBCHAPTER A. GENERAL PROVISIONS
42 Pa.C.S. § 6301 (2009)
§ 6301. Short title and purposes of chapter
(a) SHORT TITLE.-- This chapter shall be known and may be cited
as the "Juvenile Act."
(b) PURPOSES.-- This chapter shall be interpreted and construed
as to effectuate the following purposes:
(1) To preserve the unity of the family whenever possible or to
provide
another alternative permanent family when the unity of the family
cannot be maintained.
(1.1) To provide for the care, protection, safety and wholesome
mental
and physical development of children coming within the provisions
of
this chapter.
(2) Consistent with the protection of the public interest, to
provide
for children committing delinquent acts programs of supervision,
care
and rehabilitation which provide balanced attention to the protection
of the community, the imposition of accountability for offenses
committed and the development of competencies to enable children
to
become responsible and productive members of the community.
(3) To achieve the foregoing purposes in a family environment
whenever
possible, separating the child from parents only when necessary
for his
welfare, safety or health or in the interests of public safety.
(4) To provide means through which the provisions of this chapter
are
executed and enforced and in which the parties are assured a fair
hearing and their constitutional and other legal rights recognized
and
enforced.
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:
"AGGRAVATED CIRCUMSTANCES." Any of the following circumstances:
(1) The child is in the custody of a county agency and either:
(i) the identity or whereabouts of the parents is
unknown and cannot
be ascertained and the parent does not claim the child
within three
months of the date the child was taken into custody;
or
(ii) the identity or whereabouts of the parents is
known and the
parents have failed to maintain substantial and continuing
contact
with the child for a period of six months.
(2) The child or another child of the parent has been the victim
of
physical abuse resulting in serious bodily injury, sexual violence
or
aggravated physical neglect by the parent.
(3) The parent of the child has been convicted of any of the following
offenses where the victim was a child:
(i) criminal homicide under 18 Pa.C.S. Ch. 25 (relating
to criminal
homicide);
(ii) a felony under 18 Pa.C.S. § 2702 (relating
to aggravated
assault), 3121 (relating to rape), 3122.1 (relating
to statutory
sexual assault), 3123 (relating to involuntary deviate
sexual
intercourse), 3124.1 (relating to sexual assault)
or 3125 (relating
to aggravated indecent assault).
(iii) A misdemeanor under 18 Pa.C.S. § 3126 (relating
to indecent
assault).
(iv) An equivalent crime in another jurisdiction.
(4) The attempt, solicitation or conspiracy to commit any of the
offenses set forth in paragraph (3).
(5) The parental rights of the parent have been involuntarily
terminated with respect to a child of the parent.
"AGGRAVATED PHYSICAL NEGLECT." Any omission in the care
of a child which results in a life-threatening condition or seriously impairs
the child's functioning.
"ASSESSMENT." AN INDIVIDUALIZED EXAMINATION 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.
"BOARD." The State Sexual Offenders Assessment Board.
"CHILD." An individual who:
(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) was adjudicated dependent before reaching the age of 18 years
and
who, while engaged in a course of instruction or treatment, requests
the court to retain jurisdiction until the course has been completed,
but in no event shall a child remain in a course of instruction
or
treatment past the age of 21 years.
"COUNTY AGENCY." The term as defined in 23 Pa.C.S. § 6303
(relating to definitions).
"COURT." The court of common pleas.
"COURT-APPOINTED SPECIAL ADVOCATE" or "CASA." An
individual appointed by the court to participate as an advocate for a child
who is dependent or alleged to be dependent.
"CUSTODIAN." A person other than a parent or legal
guardian, who stands in loco parentis to the child, or a person to whom legal
custody of the child has been given by order of a court.
"DELINQUENT ACT."
(1) The term means an act designated a crime under the law of
this
Commonwealth, or of another state if the act occurred in that
state, or
under Federal law, or under local ordinances or an act which
constitutes indirect criminal contempt under 23 Pa.C.S. Ch. 61
(relating to protection from abuse).
(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).
(C) Aggravated assault as defined in 18
Pa.C.S. § 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
(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.
(C) Robbery as defined in 18 Pa.C.S. § 3701(a)(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, unless the child fails to comply
with a lawful
sentence imposed thereunder, in which event notice
of such fact shall
be certified to the court.
(v) A crime committed by a child who has been found
guilty in a
criminal proceeding for other than a summary offense.
"DELINQUENT CHILD." A child ten years of age or older
whom the court has found to have committed a delinquent act and is in need
of treatment, supervision or rehabilitation.
"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
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 parents, guardian, 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 parent, guardian or
other
custodian and who is ungovernable and found to be in need of care,
treatment or supervision;
(7) is under the age of ten years and has committed a delinquent
act;
(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 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.
"FACILITY DESIGNED OR OPERATED FOR THE BENEFIT OF DELINQUENT
CHILDREN." A facility that either identifies itself by charter, articles
of incorporation or program description as solely for delinquent children.
"PROTECTIVE SUPERVISION." Supervision ordered by the
court of children found to be dependent.
"SCREENING." A PROCESS, REGARDLESS OF WHETHER IT INCLUDES
THE ADMINISTRATION OF A FORMAL INSTRUMENT, THAT IS DESIGNED TO IDENTIFY A CHILD
WHO IS AT INCREASED RISK OF HAVING MENTAL HEALTH, SUBSTANCE ABUSE OR CO-OCCURRING
MENTAL HEALTH AND SUBSTANCE ABUSE DISORDERS THAT WARRANT IMMEDIATE ATTENTION,
INTERVENTION OR MORE COMPREHENSIVE ASSESSMENT.
"SERIOUS BODILY INJURY."BODILY INJURY WHICH CREATES
A SUBSTANTIAL RISK OF DEATH OR WHICH CAUSES SERIOUS, PERMANENT DISFIGUREMENT
OR PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF ANY BODILY MEMBER OR ORGAN.
"SEXUAL VIOLENCE." Rape, indecent contact as defined
in 18 Pa.C.S. § 3101 (relating to definitions), incest or using, causing,
permitting, persuading or coercing the child to engage in a prohibited sexual
act as defined in 18 Pa.C.S. § 6312(a) (relating to sexual abuse of children)
or a simulation of a prohibited sexual act for the purpose of photographing,
videotaping, depicting on computer or filming involving the child.
"SHELTER CARE." Temporary care of a child in physically
unrestricted facilities. A facility approved by the Department of Public Welfare
to provide shelter care may be located in the same building as a facility approved
to provide secure detention services provided that children receiving shelter
care services are segregated from the children receiving secure detention services
as required by the department.
§ 6307. Inspection of court files and records
(a) GENERAL RULE.-- All files and records of the court in a
proceeding under this chapter are open to inspection only by:
(1) The judges, officers and professional staff of the court.
(2) The parties to the proceeding and their counsel and
representatives, but the persons in this category shall not be
permitted to see reports revealing the names of confidential sources
of
information contained in social reports, except at the discretion
of
the court.
(3) A public or private agency or institution providing supervision
or
having custody of the child under order of the court.
(4) A court and its probation and other officials or professional
staff
and the attorney for the defendant for use in preparing a presentence
report in a criminal case in which the defendant is convicted
and who
prior thereto had been a party to a proceeding under this chapter.
(5) A judge or issuing authority for use in determining bail,
provided
that such inspection is limited to orders of delinquency adjudications
and dispositions and petitions relating thereto, orders resulting
from
disposition review hearings and histories of bench warrants and
escapes.
(6) The Administrative Office of Pennsylvania Courts.
(6.1) The judges, officers and professional staff of courts of
other
jurisdictions when necessary for the discharge of their official
duties.
(6.2) Officials of the Department of Corrections or a State
Correctional Institution or other penal institution to which an
individual who was previously adjudicated delinquent in a proceeding
under this chapter has been committed, but the persons in this
category
shall not be permitted to see reports revealing the names of
confidential sources of information contained in social reports,
except
at the discretion of the court.
(6.3) A parole board, court or county probation official in considering
an individual's parole or in exercising supervision over any individual
who was previously adjudicated delinquent in a proceeding under
this
chapter, but the persons in this category shall not be permitted
to see
reports revealing the names of confidential sources of information
contained in social reports, except at the discretion of the court.
(6.4) The board for use in completing assessments.
(7) With leave of court, any other person or agency or institution
having a legitimate interest in the proceedings or in the work
of the
unified judicial system.
(b) PUBLIC AVAILABILITY.--
(1) The contents of court records and files concerning a child
shall
not be disclosed to the public unless any of the following apply:
(i) The child has been adjudicated delinquent by a
court as a result
of an act or acts committed:
(A) when the child was 14 years of age
or older and the conduct
would be considered a felony if committed
by an adult; or
(B) when the child was 12 or 13 years
of age and the conduct would
have constituted one or more of the following
offenses if committed
by an adult:
(I) Murder.
(II) Voluntary manslaughter.
(III) Aggravated assault as
defined in 18 Pa.C.S. § 2702(a)(1) or
(2) (relating to aggravated
assault).
(IV) Arson as defined in 18
Pa.C.S. § 3301(a)(1) (relating to
arson and related offenses).
(V) Involuntary deviate sexual
intercourse.
(VI) Kidnapping.
(VII) Rape.
(VIII) Robbery as defined
in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or
(iii) (relating to robbery).
(IX) Robbery of motor vehicle.
(X) Attempt or conspiracy
to commit any of the offenses in this
subparagraph.
(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:
(A) when the child was 14 years of age
or older and the conduct
would be considered a felony if committed
by an adult; or
(B) when the child was 12 or 13 years
of age and the conduct would
have constituted one or more of the following
offenses if committed
by an adult:
(I) Murder.
(II) Voluntary manslaughter.
(III) Aggravated assault as
defined in 18 Pa.C.S. § 2702(a)(1) or
(2).
(IV) Arson as defined in 18
Pa.C.S. § 3301(a)(1).
(V) Involuntary deviate sexual
intercourse.
(VI) Kidnapping.
(VII) Rape.
(VIII) Robbery as defined
in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or
(iii) .
(IX) Robbery of motor vehicle.
(X) Attempt or conspiracy
to commit any of the offenses in this
subparagraph.
(2) If the conduct of the child meets the requirements for disclosure
as set forth in paragraph (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).
§ 6308. Law enforcement records
(a) GENERAL RULE.-- Law enforcement records and files concerning
a child shall be kept separate from the records and files of arrests of adults.
Unless a charge of delinquency is transferred for criminal prosecution under
section 6355 (relating to transfer to criminal proceedings), the interest
of national security requires, or the court otherwise orders in the interest
of the child, the records and files shall not be open to public inspection
or their contents disclosed to the public except as provided in subsection
(b); but inspection of the records and files is permitted by:
(1) The court having the child before it in any proceeding.
(2) Counsel for a party to the proceeding.
(3) The officers of institutions or agencies to whom the child
is
committed.
(4) Law enforcement officers of other jurisdictions when necessary
for
the discharge of their official duties.
(5) A court in which the child is convicted of a criminal offense
for
the purpose of a presentence report or other dispositional proceeding,
or by officials of penal institutions and other penal facilities
to
which he is committed, or by a parole board in considering his
parole
or discharge or in exercising supervision over him.
(b) PUBLIC AVAILABILITY.--
(1) The contents of law enforcement records and files concerning
a
child shall not be disclosed to the public unless any of the following
apply:
(i) The child has been adjudicated delinquent by a
court as a result
of an act or acts committed:
(A) when the child was 14 years of age
or older and the conduct
would be considered a felony if committed
by an adult; or
(B) when the child was 12 or 13 years
of age and the conduct would
have constituted one or more of the following
offenses if committed
by an adult:
(I) Murder.
(II) Voluntary manslaughter.
(III) Aggravated assault as
defined in 18 Pa.C.S. § 2702(a)(1) or
(2) (relating to aggravated
assault).
(IV) Arson as defined in 18
Pa.C.S. § 3301(a)(1) (relating to
arson and related offenses).
(V) Involuntary deviate sexual
intercourse.
(VI) Kidnapping.
(VII) Rape.
(VIII) Robbery as defined
in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or
(iii) (relating to robbery).
(IX) Robbery of motor vehicle.
(X) Attempt or conspiracy
to commit any of the offenses in this
subparagraph.
(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:
(A) when the child was 14 years of age
or older and the conduct
would be considered a felony if committed
by an adult; or
(B) when the child was 12 or 13 years
of age and the conduct would
have constituted one or more of the following
offenses if committed
by an adult:
(I) Murder.
(II) Voluntary manslaughter.
(III) Aggravated assault as
defined in 18 Pa.C.S. § 2702(a)(1) or
(2).
(IV) Arson as defined in 18
Pa.C.S. § 3301(a)(1).
(V) Involuntary deviate sexual
intercourse.
(VI) Kidnapping.
(VII) Rape.
(VIII) Robbery as defined
in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or
(iii).
(IX) Robbery of motor vehicle.
(X) Attempt or conspiracy
to commit any of the offenses in this
subparagraph.
(2) If the conduct of the child meets the requirements for disclosure
as set forth in paragraph (1), then the law enforcement agency
shall
disclose the name, age and address of the child, the offenses
charged
and the disposition of the case.
(c) FINGERPRINTS AND PHOTOGRAPHS.--
(1) Law enforcement officers shall have the authority to take
or cause
to be taken the fingerprints or photographs, or both, of any child
who
is alleged to have committed an act designated as a misdemeanor
or
felony under the laws of this Commonwealth or of another state
if the
act occurred in that state or under Federal law. If a child is
found
to be a delinquent child pursuant to section 6341 (relating to
adjudication) on the basis of an act designated as a misdemeanor
or
felony, or the child's case is transferred for criminal prosecution
pursuant to section 6355 (relating to transfer to criminal
proceedings), the law enforcement agency that alleged the child
to be a
delinquent child shall take or cause to be taken the fingerprints
and
photographs of the child, if not previously taken pursuant to
this
case, and ensure that these records are forwarded to the central
repository pursuant to section 6309(c) (relating to juvenile history
record information). If a child was alleged to be delinquent by
other
than a law enforcement agency, the court shall direct the juvenile
probation department to ensure that the delinquent child's fingerprints
and photographs are taken by a law enforcement agency.
(2) Fingerprint and photographic records may be disseminated to
law
enforcement officers of other jurisdictions, the Pennsylvania
State
Police and the Federal Bureau of Investigation and may be used
for
investigative purposes.
(3) Fingerprints and photographic records of children shall be
kept
separately from adults and shall be immediately destroyed upon
notice
of the court as provided under section 6341(a) (relating to
adjudication) by all persons and agencies having these records
if the
child is not adjudicated delinquent or not found guilty in a criminal
proceeding for reason of the alleged acts.
(d) PENNSYLVANIA STATE POLICE REGISTRY.--
(1) The contents of law enforcement records and files concerning
a
child shall not be disclosed to the public except if the child
is 14
years of age or older at the time of the alleged conduct and if
any of
the following apply:
(i) The child has been adjudicated delinquent by a
court as a result
of any offense enumerated in 18 Pa.C.S. § 6105
(relating to persons
not to possess, use, manufacture, control, sell or
transfer
firearms).
(ii) A petition alleging delinquency has been filed
by a law
enforcement agency alleging that the child has committed
any offense
enumerated in 18 Pa.C.S. § 6105 and the child
previously has been
adjudicated delinquent by a court as a result of an
act or acts which
included the elements of one of such crimes.
(iii) Deleted.
(2) Repealed. 1995, Nov. 22, P.L. 621, No. 66, § 10.
§ 6309. Juvenile history record information
(a) APPLICABILITY OF CRIMINAL HISTORY RECORD INFORMATION ACT.--
Except for 18 Pa.C.S. § 9105 (relating to other criminal justice information),
9112(a) and (b) (relating to mandatory fingerprinting), 9113 (relating to
disposition reporting by criminal justice agencies) and 9121(b) (relating
to general regulations), the remaining provisions of 18 Pa.C.S. Ch. 91 (relating
to criminal history record information) shall apply to all alleged delinquents
and adjudicated delinquents whose fingerprints and photographs are taken
pursuant to section 6308(c) (relating to law enforcement records) and to
any juvenile justice agency which collects, maintains, disseminates or receives
juvenile history record information. The disclosure to the public of the
contents of law enforcement records and files concerning a child shall be
governed by section 6308(b).
(b) CENTRAL REPOSITORY.-- The Pennsylvania State Police shall
establish a Statewide central repository of fingerprints, photographs and juvenile
history record information of alleged delinquents and adjudicated delinquents
whose fingerprints and photographs are taken pursuant to section 6308(c).
(c) FINGERPRINTS AND PHOTOGRAPHS.-- The arresting authority shall
ensure that the fingerprints and photographs of alleged and adjudicated delinquents
whose fingerprints and photographs have been taken by the arresting authority
pursuant to section 6308(c) are forwarded to the central repository as required
by the Pennsylvania State Police.
(d) DISPOSITION REPORTING.-- The division or judge of the court
assigned to conduct juvenile hearings shall, within seven days after disposition
of a case where the child has been alleged to be delinquent, notify the arresting
authority of the disposition of the case. In addition, it shall collect and
submit to the Juvenile Court Judges' Commission the disposition of cases where
a child has been alleged to be delinquent, including the disposition of cases
resulting in adjudication of delinquency which shall be submitted for inclusion
in the central repository within 90 days of an adjudication of delinquency
as required by the Juvenile Court Judges' Commission.
(e) DEFINITIONS.-- As used in this section, the following words
and phrases shall have the meanings given to them in this subsection:
"Criminal history record information." In addition to
the meaning in 18 Pa.C.S. § 9102 (relating to definitions), the term
includes the meaning of juvenile history record information as defined in this
subsection.
"Juvenile history record information." Information collected
pursuant to this section concerning alleged delinquents and adjudicated delinquents
whose fingerprints and photographs are taken pursuant to section 6308(c) and
arising from the filing of a petition of delinquency, consisting of identifiable
descriptions, dates and notations of arrests or other delinquency charges and
any adjudication of delinquency or preadjudication disposition other than dismissal
arising therefrom. This information shall also include the last known location
and the juvenile court jurisdiction status of each adjudicated delinquent.
Juvenile history record information shall not include intelligence information,
investigative information, treatment information, including medical and psychiatric
information, caution indicator information, modus operandi information, wanted
persons information, stolen property information, missing persons information,
employment history information, personal history information or presentence
investigation information.
PENNSYLVANIA CONSOLIDATED STATUTES
TITLE 42. JUDICIARY AND JUDICIAL PROCEDURE
PART VI. ACTIONS, PROCEEDINGS AND OTHER MATTERS GENERALLY
CHAPTER 63. JUVENILE MATTERS
SUBCHAPTER C. PROCEDURES AND SAFEGUARDS
42 Pa.C.S. § 6341 (2009)
(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.
(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 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 and discharge the child from any detention or other restriction
theretofore ordered.
(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.
PENNSYLVANIA STATUTES
TITLE 24. EDUCATION
CHAPTER 1. PUBLIC SCHOOL CODE OF 1949
ARTICLE XIII-A. SAFE SCHOOLS
24 P.S. § 13-1302-A (2009)
§ 13-1302-A. Office for Safe Schools
(a) There is hereby established in the Department of Education
an Office for Safe Schools.
(b) The office shall have the following powers and duties:
(1) To coordinate antiviolence efforts between school, professional,
parental, governmental, law enforcement and community organizations and associations.
(2) To collect, develop and disseminate information, policies,
strategies and other information to assist in the development of programs to
impact school violence.
(3) To provide direct training to school employes, parents, law
enforcement officials and communities on effective measures to combat school
violence.
(4) To advise school entities and nonpublic schools on the development
of policies to be used regarding possession of weapons by any person, acts
of violence and protocols for coordination with and reporting to law enforcement
officials and the Department of Education.
(5) To develop forms to be used by school entities for reporting
incidents involving acts of violence and possession of weapons on school property.
(c) In addition to the powers and duties set forth under subsection
(a), the office is authorized to make targeted grants to schools to fund programs
which address school violence, including, but not limited to, the following
programs:
(1) Conflict resolution or dispute management.
(2) Peer helpers programs.
(3) Risk assessment, safety-related or violence prevention curricula.
(4) Classroom management.
(5) Student codes of conduct.
(6) Training to undertake a districtwide assessment of risk factors
that increase the likelihood of problem behaviors among students.
(7) Development and implementation of research-based violence
prevention programs that address risk factors to reduce incidents of problem
behaviors among students including, but not limited to, bullying.
(8) Comprehensive, districtwide school safety and violence prevention
plans.
(9) Security planning, purchase of security-related technology
which may include metal detectors, protective lighting, surveillance equipment,
special emergency communications equipment, electronic locksets, deadbolts
and theft control devices and training in the use of security-related technology.
Security planning and purchase of security-related technology shall be based
on safety needs identified by the school entity's board of directors.
(10) Institution of student, staff and visitor identification
systems.
(11) Establishment or enhancement of school security personnel,
including school resource officers.
(12) Provision of specialized staff and student training programs,
including training for Student Assistance Program team members in elementary,
middle and high schools in the referral of students at risk of violent behavior
to appropriate community-based services, including mental health services.
(13) Alternative education programs provided for in Article XIX-C.
(14) Counseling services for students enrolled in alternative
education programs.
(d) Grant applications shall contain information as the office
may require. The office shall conduct a thorough annual evaluation of each
program for which a grant under this section is made.
(a) The office shall conduct a one-time survey of all school
entities to determine the number of incidents involving acts of violence
on school property and all cases involving possession of a weapon by any
person on school property which occurred within the last five (5) years.
The survey shall be based on the best available information provided by school
entities.
(b) All school entities shall report all new incidents involving
acts of violence, possession of a weapon or possession, use or sale of controlled
substances as defined in the act of April 14, 1972 (P.L. 233, No. 64), known
as "The Controlled Substance, Drug, Device and Cosmetic Act," or
possession, use or sale of alcohol or tobacco by any person on school property
at least once a year, as provided by the office, on a form to be developed
and provided by the office. The form shall include:
(1) Age or grade of student.
(2) Name and address of school.
(3) Circumstances surrounding the incident, including type of
weapon, controlled substance, alcohol or tobacco.
(4) Sanction imposed by the school.
(5) Notification of law enforcement.
(6) Remedial programs involved.
(7) Parental involvement required.
(8) Arrests, convictions and adjudications, if known.
If a person other than a student is involved, the report shall state the
relationship of the individual involved to the school entity.
(c) All school entities shall develop a memorandum of understanding
with local law enforcement which sets forth procedures to be followed when
an incident involving an act of violence or possession of a weapon by any person
occurs on school property. Law enforcement protocols shall be developed in
cooperation with local law enforcement and the Pennsylvania State Police.
§ 13-1305-A. Transfer of records
Whenever a pupil transfers to another school entity or nonpublic school, a certified copy of the student's disciplinary record shall be transmitted to the school entity or nonpublic school to which the pupil has transferred. The school entity or nonpublic school to which the student has transferred should request the record. The sending school entity or nonpublic school shall have ten (10) days from receipt of the request to supply a certified copy of the student's disciplinary record. The requirements of this section apply as well to transfers between schools within the same school entity.
§ 13-1306-A. Availability of records
A student's disciplinary record, as well as records maintained under section 1307-A, shall be available for inspection to the student and his parent, guardian or other person having control or charge of the student, to school officials and to State and local law enforcement officials as provided by law. Permission of the parent, guardian or other person having control or charge of the student shall not be required for transfer of the individual's student record to another school entity within this Commonwealth or in another state in which the student seeks enrollment or is enrolled.
§ 13-1307-A. Maintenance of records
All school entities and private schools within this Commonwealth shall maintain updated records of all incidents of violence, incidents involving possession of a weapon and convictions or adjudications of delinquency for acts committed on school property by students enrolled therein on both a district-wide and school-by-school basis. Records maintained under this section shall be contained in a format developed by the Pennsylvania State Police in cooperation with the office within ninety (90) days of the effective date of this section. A statistical summary of these records shall be made accessible to the public for examination by the public during regular business hours.
§ 13-1310-A. Safe schools advocate in school districts of the first class
(a) The Secretary of Education shall establish, within the
office, a safe schools advocate for each school district of the first class.
The advocate shall not be subject to the act of August 5, 1941 (P.L. 752,
No. 286), known as the "Civil Service Act." The advocate shall
establish and maintain an office within the school district.
(b) The safe schools advocate shall have the power and its duties
shall be:
(1) To monitor the school district's compliance with this article,
including:
(i) the school district's reporting to the office of incidents
involving acts of violence, possession of a weapon or possession, use or sale
of controlled substances as defined in the act of April 14, 1972 (P.L. 233,
No. 64), known as "The Controlled Substance, Drug, Device and Cosmetic
Act," or possession, use or sale of alcohol or tobacco by any person on
school property;
(ii) obtaining copies of the school district's reports to the
office and reviewing and analyzing them;
(iii) the school district's compliance with the procedures set
forth in the memorandum of understanding with the appropriate police department
regarding incidents involving acts of violence and possession of weapons; and
(iv) obtaining documentation, on a weekly basis during those times
when school is in session, of all written or verbal contacts by school district
personnel with the appropriate police department consistent with the requirements
of the memorandum of understanding.
(2) To monitor the school district's compliance with the mandatory
expulsion requirements of section 1317.2
(3) To receive inquiries from school staff and parents or guardians
of students who are victims of acts of violence on school property.
(4) To establish a protocol, in consultation with the Juvenile
Court Judges' Commission, to assure timely receipt by the school district of
information regarding students who have been adjudicated delinquent pursuant
to 42 Pa.C.S. § 6341(b.1) (relating to adjudication) and to monitor the
school district's use of that information to ensure that victims of acts of
violence by a student are protected.
(5) To establish a program to assure extensive and continuing
public awareness of information regarding the role of the advocate on behalf
of victims of acts of violence on school property, which may include the mailing
of information to the parents or guardians of students in the school district
or other forms of communication.
(6) To review and analyze Federal and State statutes which may
be an impediment to school safety and the imposition of discipline for the
commission of acts of violence on school property and to prepare, by April
30, 2001, and as necessary from time to time thereafter, reports making recommendations
for changes to the statutes which would promote school safety and facilitate
effective and expedient disciplinary action. The reports shall be submitted
to the secretary.
(7) To review and analyze court decisions applicable to the school
district's disciplinary process and procedures, to make recommendations to
the school district regarding any negative impact these decisions have upon
the effective maintenance of school safety and to make recommendations relating
to the existing provisions of consent decrees.
(8) To prepare an annual report regarding the activities of the
advocate during the prior fiscal year and any recommendations for remedial
legislation, regulations or school district administrative reforms, which shall
be submitted to the school district superintendent, the secretary, the chairperson
of the Education Committee of the Senate and the chairperson of the Education
Committee of the House of Representatives by August 15 of each year.
(9) To monitor infractions of the school district's code of conduct
to identify students whose conduct would constitute an offense under 18 Pa.C.S. § 2701
(relating to simple assault).
(c) The safe schools advocate shall, on behalf of victims of acts
of violence on school property, victims of conduct that would constitute an
act of violence and victims of students who have committed two or more infractions
as set forth in subsection (b)(9):
(1) provide assistance and advice, including information on support
services provided by victim assistance offices of the appropriate district
attorney and through local community-based victim service agencies;
(2) provide information to the parent or guardian of the student
victim regarding the disciplinary process and any action ultimately taken against
the student accused of committing the act of violence;
(3) in cases involving the possession or use of a weapon, advise
the parent or guardian of the victim whether the school district properly exercised
its duty under section 1317.2;
(4) in cases where the advocate has received a request by the
parent or guardian of the victim, to attend formal disciplinary proceedings;
(5) with the consent of the parent or guardian of the victim,
present information in the disciplinary proceeding, which may include oral
or written presentations, including testimony by the victim or the parent or
guardian of the victim, regarding the impact on the victim and the victim's
family and the appropriate disciplinary action and which may include direct
or cross-examination of witnesses;
(6) where the perpetrator of an act of violence is returning to
school after placement under a consent decree, adjudication of delinquency
or conviction of a criminal offense, assist the parent or guardian of the victim
in providing input to the school district and the appropriate juvenile or criminal
justice authority to ensure the victim's safety on school property;
(7) in cases where the district has failed to report the act of
violence to the appropriate police department as required by the memorandum
of understanding, to report such act of violence directly; and
(8) provide information and make recommendations to the office
of the district attorney regarding the impact of the act of violence on the
victim and the victim's family.
(d) Upon discovery of the commission of an act of violence upon
a student, the school district of the first class shall immediately notify
the victim's parent or guardian of the safe schools advocate. The form of this
notice shall be developed by the advocate and provided to the school district.
This form shall include the address and telephone number of the advocate and
a brief description of the purposes and functions of the safe schools advocate.
The principal of each school within the school district shall post a notice
not less than 8 1/2 by 11 inches entitled "Safe Schools Advocate" at
a prominent location within each school building, where such notices are usually
posted. The form of this notice shall also be developed by the advocate and
provided to the school district.
(e) It shall be the duty of each school administrator in a school
district of the first class to cooperate with the safe schools advocate to
implement this section and to provide the advocate, upon request, with all
available information authorized by State law. In regard to individual cases
of acts of violence, only information permitted to be shared under subsection
(f) shall be disclosed.
(f) The advocate and all employes and agents of the safe schools
advocate shall be subject to and bound by section 444 of the General Education
Provisions Act (Public Law 90-247, 20 U.S.C. § 1232g) and 34 CFR Pt. 99
(relating to family educational rights and privacy).
(g) This section shall not apply to the extent that it would conflict
with the requirements of the Individuals with Disabilities Education Act (Public
Law 91-230, 20 U.S.C. § 1400 et seq.) or other applicable Federal statute
or regulation.
(h) As used in this section:
"Act of violence" shall mean the possession of a weapon
on school property or an offense, including the attempt, solicitation or conspiracy
to commit the offense, under any of the following provisions of 18 Pa.C.S.
(relating to crimes and offenses):
(1) Section 2501 (relating to criminal homicide).
(2) Section 2702 (relating to aggravated assault).
(3) Section 3121 (relating to rape).
(4) Section 3122.1 (relating to statutory sexual assault).
(5) Section 3123 (relating to involuntary deviate sexual intercourse).
(6) Section 3124.1 (relating to sexual assault).
(7) Section 3125 (relating to aggravated indecent assault).
(8) Section 3126 (relating to indecent assault).
(9) Section 3301 (relating to arson and related offenses)
(10) Section 3701 (relating to robbery).
(11) Section 3702 (relating to robbery of motor vehicle).
"School district" shall mean school district of the
first class.
(i) At least eighty per centum (80%) of all appropriations for
the Office of Safe Schools Advocate in fiscal year 2006-2007 shall be expended
by June 30, 2007, and the remaining balance of the appropriation shall be committed
or encumbered by June 30, 2007.
(a) If the school district of the first class fails to comply
with requirements to provide information to the safe schools advocate under
section 1310-A, the advocate shall provide documentation of the failure to
the Department of Education. If the department determines that there is noncompliance,
the department shall notify the advocate and the Office of General Counsel.
The Office of General Counsel, in consultation with the safe schools advocate,
shall designate an attorney to bring an action in a court of competent jurisdiction
to enforce section 1310-A.
(b) Legal proceedings under subsection (a) shall be conducted
by an attorney designated by the Office of General Counsel in consultation
with the safe schools advocate. The attorney must be a member of the bar in
good standing.
RULES OF JUVENILE COURT PROCEDURE
DELINQUENCY MATTERS
CHAPTER 1. GENERAL PROVISIONS
PART C. RECORDS
(1) ACCESS TO JUVENILE RECORDS
Pa.R.J.C.P. 163 (2008)
Rule 163. Release of Information to School
A. Generally. Upon finding a juvenile to be a delinquent, the
court shall, through the juvenile probation office, provide the following
information to the building principal or his or her designee of any public,
private, or parochial school in which the juvenile is enrolled:
(1) name and address of the juvenile;
(2) the delinquent act or acts that the juvenile was found to
have committed;
(3) a brief description of the delinquent act or acts; and
(4) the disposition of the case.
B. Additional information.
(1) If the juvenile is adjudicated delinquent of a felony offense,
the court, through the juvenile probation office, shall provide to the building
principal or his or her designee relevant information regarding the juvenile
contained in the juvenile probation or treatment reports pertaining to the
adjudication, prior delinquent history, and the supervision plan of the juvenile.
(2) The court or the juvenile probation office shall have the
authority to share any additional information regarding the juvenile 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 juvenile.
C. Transfers to other schools. Any information provided to and
maintained by the building principal or his or her designee under this rule
shall be transferred to the building principal or his or her designee of any
public, private, or parochial school to which the juvenile transfers enrollment.
D. Maintained separately. Any information provided to the building
principal or his or her designee under this rule shall be maintained separately
from the juvenile's official school record.
Comment: The delinquency information in the school
record is to be
used only by school officials and is not to be released
to the
general public or third parties unless ordered by
the court.
For further dissemination and usage in school, see
42 Pa.C.S.§6341(b.1).