Pennsylvania § 6321 Commencement of proceedings

Pennsylvania Statutes

§ 6321 — Commencement of proceedings

Pennsylvania·Title 42 JUDICIARY AND JUDICIAL PROCEDURE·Part PART VI·Ch. 63 JUVENILE MATTERS·Subch. JURISDICTION AND CUSTODY

(a)General rule.--A proceeding under this chapter may be commenced:

(1)By transfer of a case as provided in section 6322 (relating to transfer from criminal proceedings).

(2)By the court accepting jurisdiction as provided in section 6362 (relating to disposition of resident child received from another state) or accepting supervision of a child as provided in section 6364 (relating to supervision under foreign order). (2.1) By taking a child into custody in accordance with the provisions of section 6324 (relating to taking into custody).

(3)In other cases by the filing of a petition as provided in this chapter. The petition and all other documents in the proceeding shall be entitled "In the interest of............................, a minor," and shall be captioned and docketed as pro

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(a) General rule.--A proceeding under this chapter may be commenced:

(1) By transfer of a case as provided in section 6322 (relating to transfer from criminal proceedings).

(2) By the court accepting jurisdiction as provided in section 6362 (relating to disposition of resident child received from another state) or accepting supervision of a child as provided in section 6364 (relating to supervision under foreign order).

(2.1) By taking a child into custody in accordance with the provisions of section 6324 (relating to taking into custody).

(3) In other cases by the filing of a petition as provided in this chapter. The petition and all other documents in the proceeding shall be entitled "In the interest of............................, a minor," and shall be captioned and docketed as provided by general rule.

(b) Venue.--A proceeding under this chapter may be commenced:

(1) In the county in which the child resides.

(2) If delinquency is alleged, in the county in which the acts constituting the alleged delinquency occurred.

(3) If dependency is alleged, in the county in which the child is present when it is commenced.

(c) Transfer to another court within this Commonwealth.--

(1) If the child resides in a county of this Commonwealth and the proceeding is commenced in a court of another county, the court, on motion of a party or on its own motion made after the adjudicatory hearing or at any time prior to final disposition, may transfer the proceeding to the county of the residence of the child for further action. Like transfers may be made if the residence of the child changes during the proceeding. The proceeding may be transferred if the child has been adjudicated delinquent and other proceedings involving the child are pending in the court of the county of his residence.

(2) Certified copies of all legal and social documents and records pertaining to the case on file with the court shall accompany the transfer.

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Legislative History

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Feb. 29, 1980, P.L.36, No.12, eff. 60 days) 1980 Amendment.Act 12 amended subsec. (a). 1978 Amendment.Act 53 amended subsec. (b). Suspension by Court Rule.Section 6321 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(7), amended December 30, 2005, insofar as it is inconsistent with Rule 200 relating to commencing proceedings. Cross References.Section 6321 is referred to in section 9799.19 of this title.