237 Pa. Code r. 408

Current through Register Vol. 54, No. 40, October 5, 2024
Rule 408 - Ruling on Offenses
A.Entered finding. Within seven days of hearing the evidence on the petition or accepting an admission under Rule 407, the court shall enter a finding by specifying which, if any, offenses, including grading and counts, alleged in the petition were committed by the juvenile.
B.Did not commit acts.
1) If the court finds the juvenile committed none of the alleged delinquent acts, the court shall dismiss the petition and release the juvenile, if detained, unless there are other grounds for the juvenile's detention.
2) The court shall order, sua sponte, the expungement of the record and destruction of fingerprints and photographs related to the dismissed petition pursuant to 18 Pa.C.S. § 9123(a)(1), 42 Pa.C.S. § 6308, and Rule 170(A).
3) Absent cause shown, the court shall expunge or destroy the records, fingerprints, and photographs.
C.Committed act. After an adjudicatory hearing, if the court finds that the juvenile committed any delinquent act, the court shall proceed as provided in Rule 409 or enter a consent decree pursuant to Rule 370.

237 Pa. Code r. 408

The provisions of this Rule 408 amended December 24, 2009, effective immediately, 40 Pa.B. 222; amended May 26, 2011, effective 7/1/2011, 41 Pa.B. 3180; amended July 28, 2014, effective 9/29/2014, 44 Pa.B. 5447.