This fact sheet answers common questions about Pennsylvania’s juvenile justice system. It does not, however, cover issues related to the transfer of juveniles to and from the adult system. In general, children between the ages of 10 and 21 who commit delinquent acts prior to their 18th birthday are within the jurisdiction of the juvenile court.
A delinquent act is an act that would be considered a crime if committed by an adult. Any person charged with murder, however, no matter how young, will be charged as an adult in Pennsylvania. Summary offenses, such as underage drinking or disorderly conduct, are not crimes. They are heard by district justices or, in Philadelphia, by Municipal Court Judges. The failure to pay a fine after conviction for a summary offense may be considered a delinquent act.
The following crimes are excluded from the jurisdiction of the juvenile court if the youth charged was 15 years or older at the time of the offense, and a deadly weapon was used, or if the juvenile was previously adjudicated delinquent for one of these offenses2:
rape
involuntary deviate sexual intercourse
aggravated assault
robbery
robbery of a motor vehicle
aggravated indecent assault
kidnapping
voluntary manslaughter
attempt, conspiracy, or solicitation to commit the above crimes
A delinquent child is a child 10 years of age or older whom the court has found to have committed a delinquent act and to be in need of treatment, supervision or rehabilitation.1
Yes. Constitutional rights can be waived if the child knowingly and voluntarily decided that he or she does not want the protection that these rights offer. The court will examine all the circumstances surrounding the child’s waiver of rights to determine if the child did, in fact, give up his or her rights voluntarily and knowingly. These circumstances include the child’s age, experience, comprehension, understanding, and the presence or absence of an interested adult who can help the child make reasoned decisions with respect to his or her rights.5 In general, a child should not waive any rights without consulting an attorney.
According to the laws of arrest, which require that arrest warrants are issued only upon a finding of probable cause supported by one or more affidavits or a properly sworn complaint7
If there is reason to believe that the child violated probation
Because of an order of the court:
The parent, guardian, or custodian of the minor should be notified “with all reasonable speed” about the whereabouts of the child taken into custody and be given a written statement of the reason for taking the child into custody.8
Yes. Police may fingerprint or photograph a juvenile, age 10 or older, who has been arrested for an offense that would be a misdemeanor or felony if committed by an adult. If the juvenile is found not guilty, the fingerprints or photographs must be destroyed immediately.9
A juvenile may be detained securely—that is, confined in a locked room or cell or cuffed to a rail or stationary object—at a police station for no longer than six (6) hours,10 but can be kept in police custody under less-confining conditions for longer than that time period. Police may take an arrested child to a police station for the limited purpose of identifying the child, investigating the case, processing the paper work, or transferring the child to the parent or to a detention center.11
Yes, but only if one or more of the following conditions exist12:
Confinement is required to protect the person or property of another or the child.
There is reason to believe that the juvenile will run away or be removed from the jurisdiction.
There is no parent, guardian or custodian to care for or supervise the juvenile.
If none of the above conditions exist, the juvenile may not be held.
In Philadelphia county only, pursuant to a settlement agreement, no juvenile 12 years of age or younger may be held in secure detention. Juveniles in Philadelphia who are 13 or older may be detained in secure detention only when:
He or she is charged with a crime, which in the case of an adult would be punishable as a felony (any degree) or misdemeanor of the first degree
He or she is an escapee from an institution or other placement facility to which he or she was committed for a previous adjudication
He or she has failed to appear at a scheduled court hearing and that failure to appear has resulted in the issuance of a bench warrant
He or she has been verified to be a fugitive from another jurisdiction and an official of that jurisdiction has formally requested that the juvenile be held in detention.
Finally, even when a juvenile meets one of the above criteria, the court and the detention center intake worker must state explicitly in writing the reasons that alternatives to secure detention were rejected.13
A petition must be presented to the court within 24 hoursor on the next court business dayafter a child has been admitted to a detention center or to shelter care14 and a detention hearing must be held within 72 hours.
The detention hearing is an informal hearing at which the court will determine:
If there is probable cause to believe that the child has committed the delinquent act(s) with which he or she is charged, and
Whether the child should remain in detention, shelter care or under some other pretrial supervision until the adjudicatory hearing (trial).15
If detained before trial, the child may be placed in a variety of settings, including a secure detention center, a foster home, or any other appropriate placement approved by the court. A shelter placement is usually “unlocked.” Children may also be released before trial, subject to certain conditions or restraints, such as electronic monitoring, intense supervision, and in-home detention. The conditions of confinement for a juvenile are limited by the following restrictions16:
A juvenile can only be securely detained at a police station for up to six hours after arrest. Being held securely includes confinement in a locked room or cell, or cuffing to a rail or stationary object17
A juvenile cannot be held securely in a facility which also houses an adult lockup unless18:
The holding is for the purpose of identification, investigation, and transfer, AND
The child is separated “by sight and sound” from incarcerated adult offenders, in which case the child must be under the under the continuous visual supervision of law enforcement officials or staff
A juvenile cannot be held in non-secure custody in a facility which also houses an adult lockup unless all of the following conditions are met19:
The area in which the child is held is an unlocked multipurpose room that is not part of a secure detention facility
The child is not physically secured on a cuffing rail or stationary object during the period of custody
The area is designated for the purpose of identification, investigation, or processing
The child is under the continuous visual supervision of a law enforcement officer or employee of the facility
A juvenile cannot be placed in a facility in which he or she is likely to be abused by other children20
A juvenile can only be placed in a jail or other adult facility if being tried as an adult21
In Philadelphia County only: According to a court decree, no juvenile may be detained in secure detention prior to the detention hearing except for one or more of the reasons for detention listed above. The court must state in writing the specific reason secure detention is permitted and why alternatives to secure detention were rejected. No juvenile who has been committed, voluntarily or involuntarily, under the Mental Health Procedures Act may be held in secure detention.
To start the process, a petition must be filed with the court. A petition can be brought by any person, including a law enforcement officer. The petition must state:
The child’s name, age, and address
The names and addresses of the parents, if known
When and where the child was taken into custody
If the child is still in custody
The petition must clearly say why the child is being brought before the court and state that it is in the best interests of the child and the public that the child receives treatment, supervision, or rehabilitation.22
If the child is not released after arrest a petition must be filed with the court within 24 hours or the next business day after the child is brought to detention or shelter care.
Yes. Before the petition to start the court process is filed, a probation officer or another officer of the court can decide that it would be most appropriate to have an informal adjustment of the charges against the child.23
When a probation officer opts for an informal adjustment, there is no finding of guilt or innocence if the terms of the adjustment are complied with. An informal adjustment typically lasts for six months.24 If the juvenile successfully complies with the terms of the informal adjustment, the petition and charges are withdrawn.
If, prior to the termination of the informal adjustment period, the juvenile is arrested on new charges, or otherwise violates the terms of the informal adjustment, the state may file a delinquency petition and initiate court proceedings. If the juvenile has made any incriminating statements in the informal adjustment process, however, those statements are privileged and cannot be used against him or her in any juvenile court proceedings.25
Yes. The judicial process may be suspended by the entering of a consent decree. A consent decree is an agreement by all the parties to continue to keep the child under supervision in his or her own home under the terms and conditions negotiated with the probation officer. As in an informal adjustment, if the terms of a consent decree are complied with, there is no finding of guilt or innocence and no juvenile record of the incident is made.26
Either the child’s attorney or the district attorney may ask the court to enter a consent decree. The judge may enter a consent decree at any time after the petition is filed but before a finding of guilt or innocence. The court cannot enter a consent decree over the objection of the child or the district attorney.27
The consent decree will last for six months unless the court agrees to discharge the child earlier or extend the decree for an additional six months. Once a child has successfully completed the conditions of the consent decree he or she cannot be retried for the offense or conduct that led to the consent decree. However, if a new petition alleging a different delinquent act is brought against the child while the consent decree is in force or if the child fails to fulfill conditions of the decree, the court process will begin again as if the decree had never been entered and the child will be charged with both the original and new charge.28
An adjudicatory hearing is like a trial to determine whether the juvenile committed the offense(s) with which he or she is charged. The judge will hear evidence from witnesses presented by the prosecution and the defense attorney who is representing the juvenile. After listening to this testimony the judge must decide whether the prosecution has proven beyond a reasonable doubt that the juvenile committed the acts with which he is charged. If, at that hearing, the judge decides that the child committed the act(s), he or she must also decide whether the child is in need of treatment, supervision, or rehabilitation.29 This decision must be made within 20 days if the child is in detention. If the judge decides that the child is not in need of treatment, supervision, or rehabilitation the proceedings will be dismissed.30 However, children who have been adjudicated delinquent for acts classified as felonies are presumed to be in need of treatment, supervision, or rehabilitation.
If the child is being held in secure detention or shelter care, an adjudicatory hearing must be held no later than ten (10) days after the initial petition (which must be filed within 24 four hours of taking the child in custody) was filed.31
There are some exceptions to this 10-day rule. The judge may order that a child be detained for an additional ten days for one of the following reasons32:
The judge has reasonable grounds to believe that presently unavailable material evidence will be available at a later date and every effort has been made to obtain that evidence
The judge finds by clear and convincing evidence that, without an order of detention, the child’s life or the community’s safety would be endangered, or that the child would run away or be removed from the jurisdiction
The child or the child’s counsel delays putting on the case because persons are unavailable or requests for continuances become necessary.
A disposition hearing is like a sentencing hearing. If a child is found delinquent by the court, at disposition the judge must determine what type of treatment, supervision, or rehabilitation is appropriate for the child and order these services or placements. The court’s disposition must pay “balanced attention” to “the protection of the community, the imposition of accountability for offenses committed and development of competencies to enable children to become responsible and productive members of the community.”33 Disposition should, therefore, seek to benefit both the child and community.
A disposition hearing can occur on the same day as the adjudication or at a later time. If the child is in detention, however, the hearing must occur within 20 days of the adjudication.34 At the disposition, the judge has a great deal of flexibility. The judge can order the child to any number of different plans or programs best suited to the child’s treatment, supervision, rehabilitation and welfare. The court is, however, limited by the restriction that a juvenile cannot be placed in an institution meant primarily for adult offenders unless the child is convicted as an adult.
Examples of dispositions include35:
Allowing the child to remain with parents, guardians, or other custodian and requiring that the child meet certain conditions, such as attending school or counseling.
Placing the child on probation or in a community-based placement (like a group home).
Sending a child who is over 12 years-old to a Youth Development Center, Youth Forestry Camp, or another institution operated by the Department of Public Welfare.
Requiring a child to make payments of a reasonable amount of money as fines, costs, or restitution as part of a program of rehabilitation. Amounts due would be determined by taking into account the charged offense and the earning capacity of the child.36
Ordering payment of a fine, acceptable to the victim, not in excess of the actual damage, and paid for from earnings the child received through participation in a constructive program of service or education, as a condition of probation.37
A child may be committed to an institution or kept under probation or supervision only as long as is necessary to provide treatment or rehabilitation services. A child may be placed in an institution for a maximum period of either four years or the amount of time that an adult would receive if convicted of the same offense, whichever is shorter.
The court must review each commitment or disposition every six months, and conduct a disposition review hearing every nine months. The judge may alter the original disposition at a review hearing if it is decided that a change would best meet the treatment goals of the child.
Yes. A parent, guardian or custodian of the child can be ordered by the court to participate in the treatment, rehabilitation, or supervision of the child. A parent can be found in contempt of court if he or she does not comply with the court ordered participation and a bench warrant could be issued for his or her arrest.38
Yes. When a child is ordered to reimburse the person who suffered injury as a result of the child’s “tortious act,” the child’s parent or guardian is ultimately held responsible for the repayment. A tortious act is something that causes injury to property or to people. If a parent fails to comply with this order of the court, a civil action can be filed against the parents to recover the money owed to the victim.39 The monetary limit for liability is $1,000 for injuries suffered by one person and $2,500 for more than one person, regardless of the number of persons suffering injury from a child’s tortious act or series of acts.40
An institution in which a child has been placed may seek to transfer the child to a less secure facility such as a group or foster home. If the transfer is from a secure facility, the institution or facility must make a written request for a transfer to the court and to the attorney for the state. If no objections are made to the request within 10 days of its receipt by the court, the child may be transferred. If, instead, there are objections to the transfer, a hearing must be held within 20 days of the objection to reevaluate the disposition.41
Yes. The child may appeal the court’s delinquency adjudication and/or the disposition order. No appeals can be filed prior to final disposition. All appeals must be filed with the Superior Court of Pennsylvania within 30 days after the final disposition hearing.42
In most cases juvenile court proceedings are only open to the parties involved in the alleged incident. Those parties include: the child; attorneys and witnesses for the defense and prosecution; persons accompanying the child for assistance; the victim, counsel for the victim and persons accompanying the victim for assistance; and any other persons that the court finds have a proper interest in the case.43
The general public, however, will not be excluded from juvenile court hearings under the following circumstances:44
The delinquency petition concerns a child 14 years or older who has been accused of conduct that would be considered a felony if committed by an adult.
The delinquency petition concerns a child 12 years or older who has been accused of one of the following offenses:
murder
voluntary manslaughter
aggravated assault
arson
involuntary deviate sexual intercourse
kidnapping
rape
robbery
robbery of a motor vehicle
attempt or conspiracy to commit any of the above offenses
In any of the above circumstances, however, the child and district attorney can agree that the proceedings should not be opened to the public.
No. A person must petition the court if he or she wants their juvenile records erased; otherwise the records will remain on file.
Records may be expunged upon court order under any one of the following circumstances:45
The original delinquency petition was dismissed or not proven true.
Six months have passed following the successful completion of the terms of a consent decree.
Five years have passed since the child has been discharged from the court’s supervision and no other charges have been filed or are pending.
In addition, the court may order expungement, with the agreement of the district attorney, if the child is 18 or older. To make this decision, the court must weigh the following factors:
The type of offense
The age and criminal/juvenile history
The adverse consequences to the child if the records are not expunged (such as the inability to enter an educational/vocational program or the military)
Whether public safety demands that the records be maintained
This fact sheet is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed in this fact sheet may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
Children’s Rights: Facts You Should Know was made possible by a grant from the Samuel S. Fels Fund. Spring 1999.
2 . 42 PA. CONS. STAT. § 6302 (1996) (“delinquent act”). Please refer to JLC’s Fact Sheet on Juveniles in the Adult Criminal System to find out more about how juveniles can be charged in the adult system.
5. Commonwealth v. Williams, 504 Pa. 511, 521, 475 A.2d 183, 188 (1984). See also Commonwealth v. Morningwake, 407 Pa. Super 129, 133, 595 A.2d 158, 160 (1991).
6. 42 PA. CONS. STAT. § 6324 (1996).
7. Crimes Code of PA, 234 Rule 119.
8. 42 PA. CONS. STAT. § 6326 (a) (1) (1996).
9 . 42 PA. CONS. STAT. § 6308® (1996).
10. 42 PA. CONS. STAT. § 6326® (2) (1996).
11. 42 PA. CONS. STAT.§ 6326® (1) (1996).
12 12. 42 PA. CONS. STAT. § 6325 (1996).
13 . See Juvenile Court Judges’ Commission, Standards Governing the Use of Secure Detention Under the Juvenile Act (1992).
14 . 42 PA. CONS. STAT. § 6331 (1996).
15 . 42 PA. CONS. STAT. § 6332 (a) (1996).
16 . 42 PA. CONS. STAT. § 6327 (a) (1996).
17 . 42 PA. CONS. STAT. § 6326 (b) (1996).
18 . 42 PA. CONS. STAT. § 6326® (1996).
19 . 42 PA. CONS. STAT. § 6326 (d) (1996).
20 . 42 PA. CONS. STAT. § 6327 (a) (1996).
21 . 42 PA. CONS. STAT. § 6327 (a) (1996).
22 . 42 PA. CONS. STAT. § 6332 (1996).
23 . 42 PA. CONS. STAT. § 6323 (a) (2) (1996).
24 . 42 PA. CONS. STAT. § 6323 (b) (1996).
25 . 42 PA. CONS. STAT. § 6323 (e) (1996).
26 . 42 PA. CONS. STAT. § 6340 (a) (1996).
27 . 42 PA. CONS. STAT. § 6340 (b) (1996).
28 . 42 PA. CONS. STAT. § 6340 (d) (1996).
29. 42 PA. CONS. STAT. § 6341 (b) (1996).
30 . 42 PA. CONS. STAT. § 6341 (b) (1996).
31. 42 PA. CONS. STAT. § 6335 (a) (1996).
32 . 42 PA. CONS. STAT. § 6335 (a) (1996).
33. 42 PA. CONS. STAT. § 6301 (a)(2) (1996).
34 35. 42 PA. CONS. STAT. § 6352 (a) (1996).
35 . 42 PA. CONS. STAT. § 6352 (a) (1996).
36 . See In the Interest of Dublinski, 695 A.2d 827 (Pa. Super. 1997)(case remanded because court abused its discretion in entering a restitution order without considering the juvenile’s ability to pay, the manner in which she could make restitution, or the proportion of damage she caused).
37 . These jobs must pay at least minimum wage.
38 . 42 PA. CONS. STAT. § 6310 (1996).
39. 55 PA. CONS. STAT. § 5503 (a) (b) (1996).
40 . 23 PA. CONS. STAT. § 5505 (1996).
41. 42 PA. CONS. STAT. § 6353 (b) (1996).
42. Pa. Const. Art. V. sec. 9. See also In the Interest of A.P., 421 Pa. Super. 141, 617 A.2d 764 (1992).
43. 42 PA. CONS. STAT. § 6336 (e) (1996).
44 . Id.
45 . 18 PA. CONS. STAT. ANN. § 9123 (1983 & Supp. 1996).
Last updated: Summer 2007
