§ 6353 — Limitation on and change in place of commitment and disposition review hearing

Pennsylvania § 6353

• Jurisdiction: Pennsylvania
• Title 42: JUDICIARY AND JUDICIAL PROCEDURE
• Part: PART VI
• Ch. 63: JUVENILE MATTERS
• Subch.: DISPOSITION OF CHILDREN GENERALLY

Text

(a) General rule.--No child shall initially be committed to an institution for a period longer than four years or a period longer than he could have been sentenced by the court if he had been convicted of the same offense as an adult, whichever is less. The initial commitment may be extended for a similar period of time, or modified, if the court finds after hearing that the extension or modification will effectuate the original purpose for which the order was entered. The child shall have notice of the extension or modification hearing and shall be given an opportunity to be heard.

(a.1) Disposition review hearings.--

(1) The court shall hold a disposition review hearing at least every three months in accordance with the Pennsylvania Rules of Juvenile Court Procedure for the purpose of ensuring that each child committed to out-of-home placement under section 6352 (relating to disposition of delinquent child) is receiving necessary services and treatment and that the terms and conditions of the disposition ordered under section 6352 are being met.

(2) At a disposition review hearing under paragraph (1), the court shall, at a minimum, determine:

(i) whether the child is receiving the necessary services or treatment contemplated by the court's disposition;

(ii) whether the child continues to pose a threat to the community;

(iii) whether additional services or treatment are needed;

(iv) whether the child should continue in placement or be released from placement under aftercare supervision; and

(v) the date of the next disposition review hearing.

(3) At the conclusion of a disposition review hearing under paragraph (1), and prior to entering an order, the court shall state the determinations required under paragraph (2), along with the reason for each determination, on the record in open court.

(b) Transfer to other institution.--After placement of the child, and if his progress with the institution warrants it, the institution may seek to transfer the child to a less secure facility, including a group home or foster boarding home. The institution shall give the committing court written notice of all requests for transfer and shall give the attorney for the Commonwealth written notice of a request for transfer from a secure facility to another facility. If the court, or in the case of a request to transfer from a secure facility, the attorney for the Commonwealth, does not object to the request for transfer within ten days after the receipt of such notice, the transfer may be effectuated. If the court, or in the case of a request to transfer from a secure facility, the attorney for the Commonwealth, objects to the transfer, the court shall hold a hearing within 20 days after objecting to the transfer for the purpose of reviewing the commitment order. The institution shall be notified of the scheduled hearing, at which hearing evidence may be presented by any interested party on the issue of the propriety of the transfer. If the institution seeks to transfer to a more secure facility the child shall have a full hearing before the committing court. At the hearing, the court may reaffirm or modify its commitment order.

(c) Notice of available facilities and services.--Immediately after the Commonwealth adopts its budget, the Department of Public Welfare shall notify the courts and the General Assembly, for each Department of Public Welfare region, of the available:

(1) Secure beds for the serious juvenile offenders.

(2) General residential beds for the adjudicated delinquent child.

(3) The community-based programs for the adjudicated delinquent child.

If the population at a particular institution or program exceeds 110% of capacity, the department shall notify the courts and the General Assembly that intake to that institution or program is temporarily closed and shall make available equivalent services to children in equivalent facilities.

Legislative History

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Feb. 29, 1980, P.L.36, No.12, eff. 60 days; Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Oct. 16, 2024, P.L.1003, No.107, eff. 180 days) 2024 Amendment.Act 107 amended the section heading and subsec. (a) and added subsec. (a.1). 1980 Amendment.Act 12 amended subsec. (b). Suspension by Court Rule.Subsection (a) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(18), amended July 18, 2012, insofar as it is inconsistent with the requirement of Rule 610 relating to dispositional and commitment review. Referencesin Text.The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014. Cross References.Section 6353 is referred to in sections 6352, 6358, 9728 of this title.