237 Pa. Code r. 311

Current through Register Vol. 54, No. 40, October 5, 2024
Rule 311 - Intake Conference
A.Generally. The juvenile probation officer may conduct an intake conference to determine what further action, if any, should be taken.
B.Juvenile probation officer's duties. Before proceeding with an intake conference, the juvenile probation officer shall:
1) provide a copy of the written allegation to the juvenile, the juvenile's guardian, if present, and the juvenile's attorney, if present; and
2) inform the juvenile and the juvenile's guardian, if present, of the juvenile's rights; and
3) afford the victim the opportunity to offer prior comment on the disposition of the case if informal adjustment or an alternative resolution of the case is being considered.
C.Rescheduling. If a juvenile fails to appear for an intake conference, the juvenile probation officer may attempt to reschedule the conference.
D.Bench Warrants.
1) If the juvenile fails to appear for an intake conference, the juvenile probation officer may notify the court that the juvenile has failed to appear for the conference.
2) If a judge finds that sufficient notice of the intake conference was given, the judge may issue a bench warrant. The judge may not find notice solely based on first-class mail service.
3) If a bench warrant is issued, the case shall proceed pursuant to Rules 140 and 240.
E.Notice, motion, and hearing.
1) The juvenile probation officer shall provide the attorney for the Commonwealth with notice of the decision resulting from the intake conference.
2) Within a reasonable time of receiving the notice, the attorney for the Commonwealth may file a motion requesting review by the court of the juvenile probation officer's action.
3) The court shall conduct a hearing on the motion.

237 Pa. Code r. 311

The provisions of this Rule 311 amended September 30, 2009, effective 1/1/2010, 39 Pa.B. 6029; amended May 26, 2011, effective 7/1/2011, 41 Pa.B. 3180.