In Re: Order Amending Rules 120, 127, 140, 160, 166, 182, 185, 187, 190, 191, 192, 243, 512, 800, 1120, 1127, 1154, 1166, 1182, 1185, 1187, 1190, 1191, 1243, 1342, 1512, 1608, 1610, 1635, and 1800 of the Pennsylvania Rules of Juvenile Court Procedure

Citation: Not availableDocket: In Re: Order Amending Rules 120, 127, 140, 160, 166, 182, 185, 187, 190, 191, 192, 243, 512, 800, 1120, 1127, 1154, 1166, 1182, 1185, 1187, 1190, 1191, 1243, 1342, 1512, 1608, 1610, 1635, and 1800 of the Pennsylvania Rules of Juvenile Court Procedure No.

Court: Supreme Court of Pennsylvania; April 6, 2017; Pennsylvania; State Supreme Court

Original Court Document: View Document

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Qualifications and authority of Juvenile Court Hearing Officers (Masters) are outlined, detailing their roles in both delinquency and dependency matters. Hearing Officers must be attorneys and are appointed to cases, where they can make recommendations to judges. A "juvenile" is defined as a person aged 10 to 20 who has allegedly committed a delinquent act or violated probation. The term "court" encompasses the Court of Common Pleas, including masters and magisterial district judges in specific scenarios, such as issuing arrest warrants. Only judges from the Court of Common Pleas can issue bench warrants for juveniles who fail to appear or abscond from supervision. All juvenile delinquency proceedings must be recorded, with exceptions noted for specific hearings. The document also specifies the procedures for handling juveniles taken into custody under bench warrants, ensuring they are brought before the appropriate judicial authority without unnecessary delay. Amendments to these rules were made effective September 1, 2017, with explanatory reports available.

Juveniles not presented before a judge or juvenile court hearing officer must be released unless specific conditions apply. If detained, they must be brought before the issuing judge or a designated juvenile court officer within seventy-two hours. Failure to do so requires their release. In cases where immediate transportation is not feasible, the juvenile must be taken without unnecessary delay to a local judge or hearing officer, who will determine detention necessity and arrange transport to the issuing county.

Witnesses taken into custody under a bench warrant must also be presented without unnecessary delay to the issuing judge or designated officer. If not presented, they shall be released unless the warrant mandates detention. A motion for witness detention can be filed at any time, allowing for potential detention pending a hearing. Detained witnesses must be brought before a judge by the next business day, or they will be released. Similar to juveniles, if transportation is delayed, witnesses should be taken promptly to a local judge for identification and detention determination.

Bench warrants must be returned to the issuing judge or designated officer. The provisions allow judges discretion in postponing hearings, permitting law enforcement to transport juveniles or witnesses. If apprehended on the same day, juveniles must be brought to court immediately. However, if a bench warrant permits detention or if there are evident circumstances justifying it, the juvenile may be detained without an immediate court appearance, provided a hearing occurs within seventy-two hours.

Juveniles are not to remain in detention facilities unnecessarily. If a hearing is not promptly held, the juvenile must be released, as stated in paragraph (C)(2)(b). During a seventy-two hour hearing, the judge or juvenile court officer may decide to continue the juvenile's detention if they find that the juvenile willfully failed to appear. Any rescheduled hearing for a detained juvenile must comply with established time requirements outlined in Rules 240, 391, 404, 510, and 605. 

For juveniles taken into custody under a bench warrant, a hearing must occur within seventy-two hours, regardless of their location (Rule 240(C)). Witnesses are to be presented immediately to the judge who issued the bench warrant or an appointed juvenile court hearing officer. If necessary, the hearing may be postponed for the retrieval of the witness. If the designated judge is unavailable, the witness must be released unless the warrant requires detention. A motion can be filed for the detention of a witness, which mandates a prompt hearing by the next business day, or they must be released (paragraph D(2)(b)). 

At this hearing, the judge may find that the witness willfully failed to appear, deeming them in contempt or in need of protective custody, potentially extending their detention until a rescheduled hearing, which should be expedited. Witnesses must be brought before an out-of-county judge by the next business day unless they can see the issuing judge sooner. The bench warrant must be returned to the issuing judge or designated officer by the arresting officer. Cases involving misdemeanors with bench warrants may be heard by juvenile court officers. The purpose of hearings for juveniles and witnesses is to ascertain if there was a willful failure to appear and whether continued detention is warranted. Findings and recommendations from the juvenile court hearing officer must be submitted to the court as per Rule 191.

In bench warrant cases, the juvenile court hearing officer must promptly present their recommendations to the judge for a final decision on the release of the juvenile or witness, as stipulated in Rule 191(C). If immediate presentation is not possible, the recommendation must be submitted within one business day (Rule 191(B)). 

The official court record is accessible for inspection only by judges, juvenile court hearing officers, juvenile probation officers, and court staff (Rule 160), with amendments effective September 1, 2017. Rule 166 outlines the maintenance of records in the Clerk of Courts, stating that the docket entries document all actions related to juvenile cases, including filings and hearings, and can utilize electronic methods for record-keeping.

Regarding the qualifications of a juvenile court hearing officer (Rule 182), individuals must meet educational and experiential criteria, including a minimum of five years of legal experience, preferably with two years in juvenile law. They are required to complete six hours of continuing education every two years in juvenile law or related fields and must submit an affidavit to confirm compliance with these requirements. This ensures consistent training and qualifications among juvenile court hearing officers.

A [master] juvenile court hearing officer must certify compliance with specified requirements before presiding over cases and is required to submit new affidavits biennially. The president judge may appoint [masters] to assist with juvenile delinquency cases; however, these officers cannot practice in the juvenile court within the same judicial district where they preside. 

The authority of a [master] juvenile court hearing officer is limited to designated case types, and they must inform all parties involved of the right to have the case heard by a judge. If any party objects, the matter will be referred to a judge. Additionally, [masters] can recommend warrants in appropriate cases but are restricted from hearing all classes of cases per existing statutes. 

A [master] may accept admissions for misdemeanors and must announce their findings and recommendations in open court at the hearing's conclusion. A summary of these recommendations must be submitted to the juvenile court judge within one business day and shared with relevant parties upon request.

Judicial action regarding recommendations from juvenile court hearing officers involves several key procedures. A judge may send a recommendation back to the juvenile court hearing officer for more specific findings. The juvenile court can create a standardized form for these recommendations, which may serve as a court order upon adoption. If a party disputes the hearing officer's decision, they can attach the summary of the recommendation in a motion for rehearing before the judge. The judge must approve the hearing officer's decisions, and if the judge modifies any factual determinations, a rehearing is required. Conversely, the judge may reject the hearing officer's findings and issue a new determination without a rehearing if no factual modifications are made. 

Additionally, a juvenile waives the right to claim double jeopardy if the Commonwealth requests a rehearing. The court retains the authority to alter conclusions of law made by the hearing officer. 

Parties wishing to contest the hearing officer’s recommendation must file a motion within three days of receipt, specifying the reasons for the challenge. Rehearings are to be conducted by the judge who presided over the original detention hearing, unless reassigned to a hearing officer. It is recommended that the same judge or hearing officer oversee both the adjudicatory and dispositional hearings for a juvenile.

Certain legislative acts are suspended if inconsistent with the rules regarding the authority and jurisdiction of juvenile court hearing officers. The document specifies the qualifications, appointment, and authority of these officers, ensuring their role in dependency matters is clearly defined.

Rule 1120 defines key terms related to dependency matters in the Court of Common Pleas, which includes juvenile court hearing officers and masters, both of whom are attorneys with authority to preside over these cases. The term "court" encompasses both the Court of Common Pleas and juvenile court hearing officers. Rule 1127 mandates the recording of all dependency proceedings, including those conducted by juvenile court hearing officers, to ensure a proper record for appellate review, excluding certain shelter care hearings. Rule 1154 requires guardians ad litem to participate in all relevant proceedings to adequately represent the child. Rule 1166 outlines the maintenance of a docket, detailing all actions in dependency cases, including hearings by juvenile court hearing officers, and allows for electronic means for record-keeping. All rules were amended on April 6, 2017, with an effective date of September 1, 2017.

Qualifications for serving as a juvenile court hearing officer include a requisite educational background, experience as an attorney, and completion of ongoing training. Specifically, candidates must have a minimum of five years of consecutive legal experience, preferably with at least two years focused on juvenile law. Additionally, they are required to complete six hours of continuing education related to juvenile dependency law every two years, certified by an affidavit submitted to the President Judge of the respective judicial district.

Appointments of juvenile court hearing officers are made by the president judge or their designee to hear specific dependency cases. However, these officers are prohibited from practicing law in the same judicial district where they serve, to prevent conflicts of interest.

Juvenile court hearing officers do not possess certain judicial authorities and must inform all parties involved in a proceeding of their right to have their case heard by a judge before any proceedings commence. The rules and requirements outlined were amended effective September 1, 2017, to ensure adherence to standardized practices within the juvenile court system.

Parties may object to having their case heard by a juvenile court hearing officer, in which case the matter will be transferred to a judge. If such an objection is raised, the hearing officer or a court designee will promptly schedule a hearing before the judge, adhering to existing time requirements. The authority of juvenile court hearing officers is limited; specifically, they cannot hear all types of cases as outlined in Rule 1800, which suspends 42 Pa.C.S. 6305(b) only to this extent. Once a judge approves a permanency goal for adoption, subsequent hearings may proceed before the hearing officer unless a party objects. Hearing officers retain the ability to recommend the issuance of various warrants in appropriate cases.

To reduce delays, potential objections regarding the hearing officer should be identified before the hearing date, prompting scheduling before a judge if an objection is anticipated. 

Juvenile court hearing officers can accept stipulations in permissible case types as defined by Rule 1187, with the option for the president judge of each district to impose further restrictions.

After a hearing, the hearing officer must publicly announce their findings and recommendations, followed by a written submission to the juvenile court judge within two business days. Parties may challenge these recommendations by filing a motion for rehearing within three days of receiving them, stating their reasons.

Within seven days of receiving the juvenile court hearing officer's findings and recommendations, the judge must review and either return them for more specific findings or adopt them as a court order. If contested, these findings can be attached to a motion for rehearing. The judge's approval is required for the hearing officer's decision, and a rehearing is mandated if the judge modifies any factual determinations. The judge can reject the findings without a rehearing if there are no factual modifications. The court retains the authority to modify legal conclusions made by the hearing officer.

In terms of rehearings, only a judge can conduct them unless delegated to a hearing officer. The court is also allowed to address various procedural matters during a pre-adjudicatory conference, including discovery terms, simplification of factual issues, evidence admissibility, and witness qualifications. For dispositional hearings, it is preferred that the same judge or hearing officer who presided over the adjudicatory hearing also oversees the dispositional and permanency hearings for the same child. Amended rules and explanatory reports were published, effective September 1, 2017.

Amendments to Rule 1608 and related rules were finalized, emphasizing the continuity of judicial oversight in juvenile cases. Specifically, Rule 1610 mandates that the same judge or juvenile court hearing officer who oversaw the initial adjudicatory and dispositional hearings for a child should also preside over subsequent permanency hearings, when feasible. In cases of resumption of jurisdiction, the original presiding judge or officer should manage the reopened case whenever possible. 

Rule 1635 allows a juvenile court hearing officer to conduct hearings on motions for resumption of jurisdiction, referencing Rule 1187 for guidance. Additionally, Rule 1800 notes the suspension of certain provisions of the Act of July 9, 1976, regarding the authority of juvenile court hearing officers, specifically to align with Rule 1187, which limits their jurisdiction to designated classes of cases. All amendments were officially noted as effective from September 1, 2017, following publication in the Pennsylvania Bulletin.