(a) Referral to county agency.--The offenses provided under subsection (b) shall be referred to a county agency under 23 Pa.C.S. §§ 6362 (relating to responsibilities of county agency for child protective services) and 6375 (relating to county agency requirements for general protective services) if the offense:
(1) Is committed by a child as a direct result of being a sexually exploited child as defined in 18 Pa.C.S. § 3001 (relating to definitions).
(2) Is directly related to having been subject to human trafficking as defined in 18 Pa.C.S. § 3001.
(b) Eligible offenses.--Eligible offenses for referral to a county agency include the following:
(1) 18 Pa.C.S. § 3503 (relating to criminal trespass).
(2) 18 Pa.C.S. § 4914 (relating to false identification to law enforcement authorities).
(3) 18 Pa.C.S. § 5503 (relating to disorderly conduct).
(4) 18 Pa.C.S. § 5506 (relating to loitering and prowling at night time).
(5) An offense for simple possession of a controlled substance under section 13(a)(16) and (31) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
(c) Delinquency proceedings.--
(1) If an offense listed in subsection (b) is referred to a county agency, delinquency proceedings under this chapter may not be commenced immediately.
(2) If treatment and social services are unsuccessful while the dependency petition is pending, as evidenced by the child's behavior, and the county agency believes that juvenile justice services are necessary and warranted, the county agency shall refer the child's case to the juvenile probation department or district attorney's office for the commencement of delinquency proceedings.
(d) Record expungement.--Upon the final discharge of supervision, juvenile court records relating to an offense listed in subsection (b) shall be expunged by the court under 18 Pa.C.S. § 9123 (relating to juvenile records).
(Oct. 24, 2018, P.L.797, No.130, eff. 60 days)
2018 Amendment. Act 130 added section 6328.
Cross References. Section 6328 is referred to in section 3065 of Title 18 (Crimes and Offenses).
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