Current through Register Vol. 54, No. 40, October 5, 2024
Rule 409 - Adjudication of DelinquencyA.Adjudicating the Juvenile Delinquent. Once the court has ruled on the offenses as provided in Rule 408, the court shall conduct a hearing to determine if the juvenile is in need of treatment, supervision, or rehabilitation. 1)Not in Need. If the court determines that the juvenile is not in need of treatment, supervision, or rehabilitation, the court shall enter an order providing that:a) the petition shall be dismissed and the juvenile shall be released, if detained, unless there are other reasons for the juvenile's detention; andb) any records, fingerprints, and photographs taken shall be expunged or destroyed.2)In Need.a) If the court determines that the juvenile is in need of treatment, supervision, or rehabilitation, the court shall enter an order adjudicating the juvenile delinquent and proceed in determining a proper disposition under Rule 512.b) the court also shall order the law enforcement agency that submitted the written allegation: i) to take, or cause to be taken, the fingerprints and photographs of the juvenile if not previously taken pursuant to this case, andii) to ensure that these records, including the case reference number, are forwarded to the central repository maintained by the Pennsylvania State Police.B.Timing. 1) If the juvenile is in detention, the court shall make its finding within twenty days of the ruling on the offenses pursuant to Rule 408.2) If the juvenile is not in detention, the court shall make its finding within sixty days of the ruling on the offenses pursuant to Rule 408.C.Extending Time by Agreement. The time restrictions under paragraphs (B)(1) and (B)(2) may be extended if there is an agreement by both parties.The provisions of this Rule 409 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; amended April 23, 2018, effective 7/1/2018, 48 Pa.B. 2615.