(a) General rule.--This chapter shall apply exclusively to the following:
(1) Proceedings in which a child is alleged to be delinquent or dependent.
(2) Transfers under section 6322 (relating to transfer from criminal proceedings).
(3) Proceedings arising under Subchapter E (relating to dispositions affecting other jurisdictions).
(4) Proceedings under the Interstate Compact on Juveniles, as set forth in section 731 of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
(5) Proceedings in which a child is charged with a summary offense arising out of the same episode or transaction involving a delinquent act for which a petition alleging delinquency is filed under this chapter. The summary offense shall be included in any petition regarding the accompanying delinquent act. Upon finding a child to have committed a summary offense, the court may utilize any disposition available to the minor judiciary where a child is found to have committed a summary offense, including a finding of guilt on the summary offense.
(b) Minor judiciary.--No child shall be detained, committed or sentenced to imprisonment by a magisterial district judge or a judge of the minor judiciary unless the child is charged with an act set forth in paragraph (2)(i), (ii), (iii) or (v) of the definition of "delinquent act" in section 6302 (relating to definitions).
(c) Summary offenses generally.--In addition to the provisions of subsection (a)(5) and notwithstanding the exclusion of summary offenses generally from the definition of "delinquent act" under section 6302, the provisions of sections 6307 (relating to inspection of court files and records) and 6336(d) (relating to conduct of hearings), insofar as section 6336(d) relates to the exclusion of the general public from the proceedings, shall apply to proceedings involving a child charged with a summary offense when the proceedings are before a judge of the minor judiciary, the Philadelphia Municipal Court or a court of common pleas.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.983, No.9, eff. 60 days; Mar. 29, 1996, P.L.51, No.17, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 25, 2012, P.L.1655, No.204, eff. 90 days; Sept. 27, 2014, P.L.2482, No.138, eff. 60 days)
2014 Amendment. Act 138 amended subsec. (c).
2004 Amendment. Act 207 amended subsec. (b). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
Suspension by Court Rule. Subsection (b) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(8), amended December 30, 2005, insofar as it is inconsistent with Rule 210 relating to arrest warrants.
References in Text. Section 731 of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in subsec. (a), was repealed by the act of July 2, 2004, P.L.468, No.54. The subject matter is now contained the Interstate Compact for Juveniles Act.
The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in subsection (a), was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code.
Cross References. Section 6303 is referred to in section 6336 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Section 6301 - Short title and purposes of chapter
Section 6303 - Scope of chapter
Section 6304 - Powers and duties of probation officers
Section 6304.1 - Summary offenses
Section 6306 - Costs and expenses of care of child
Section 6307 - Inspection of court files and records
Section 6308 - Law enforcement records
Section 6309 - Juvenile history record information
Section 6310 - Parental participation
Section 6311 - Guardian ad litem for child in court proceedings
Section 6321 - Commencement of proceedings
Section 6322 - Transfer from criminal proceedings
Section 6323 - Informal adjustment
Section 6324 - Taking into custody
Section 6325 - Detention of child
Section 6326 - Release or delivery to court
Section 6327 - Place of detention
Section 6328 - Dependency in lieu of delinquency
Section 6331 - Release from detention or commencement of proceedings
Section 6332 - Informal hearing
Section 6335 - Release or holding of hearing
Section 6336 - Conduct of hearings
Section 6336.1 - Notice and hearing
Section 6336.2 - Use of restraints on children during court proceedings
Section 6337 - Right to counsel
Section 6337.1 - Right to counsel for children in dependency and delinquency proceedings
Section 6338 - Other basic rights
Section 6339 - Investigation and report
Section 6342 - Court-appointed special advocates
Section 6351 - Disposition of dependent child
Section 6351.1 - Authority of court upon petition to remove child from foster parent
Section 6352 - Disposition of delinquent child
Section 6352.1 - Treatment records
Section 6352.2 - Interagency information sharing
Section 6353 - Limitation on and change in place of commitment
Section 6354 - Effect of adjudication
Section 6355 - Transfer to criminal proceedings
Section 6356 - Disposition of mentally ill or mentally retarded child
Section 6357 - Rights and duties of legal custodian
Section 6358 - Assessment of delinquent children by the State Sexual Offenders Assessment Board
Section 6361 - Disposition of nonresident child
Section 6362 - Disposition of resident child received from another state
Section 6363 - Ordering foreign supervision
Section 6364 - Supervision under foreign order
Section 6365 - Powers of foreign probation officers
Section 6372 - Juvenile Court Judges' Commission
Section 6373 - Powers and duties