Current through Register Vol. 54, No. 45, November 9, 2024
Section 200.702 - Inter-county transfer(a) In cases where a child is alleged to be delinquent through the submission of a written allegation to a juvenile probation department in other than the child's county of residence, the juvenile probation department should promptly initiate contact with the juvenile probation department in the county of residence to discuss the matter and jointly determine the most appropriate manner for processing the case. For the purpose of this subsection, the county of residence is defined as that county in which the child's custodial parent, legal guardian or custodian reside, unless emancipation of the child has been established by court finding.(b) Consistent with local practice, attorneys for the Commonwealth in both the county of residence and the county in which the alleged delinquent act occurred shall be provided notice of the submission of any such allegation by their respective juvenile probation departments to ensure a unified and coordinated effort.(c) In certain cases, it may be appropriate to transfer a matter to the county of residence immediately following the intake conference. In such cases, the juvenile probation department in the county that received the written allegation should provide the attorney for the Commonwealth in that county with notice of the decision resulting from the intake conference.(1) The decision to transfer a matter to the county of residence following an intake conference should be jointly determined by the juvenile probation departments and the attorneys for the Commonwealth of the respective jurisdictions.(2) No transfer to the county of residence should occur over the objection of the attorney for the Commonwealth, unless the court orders the transfer following a hearing pursuant to Pa.R.J.C.P. 311 (relating to intake conference).(d) If formal court action is required in a case where a child is alleged to have committed a delinquent act in other than the child's county of residence, adjudicatory proceedings should normally be conducted in the county in which the delinquent act occurred, unless a specific arrangement to the contrary has been agreed to by the attorneys for the Commonwealth in both jurisdictions. In certain cases, it may be appropriate for adjudicatory proceedings to occur in the county of residence, rather than the county in which the delinquent act occurred, including situations where the court in the county of residence is in closer proximity to the victim, law enforcement agency or others involved in the case.(e) In adjudicatory proceedings involving a nonresident child, the court shall hear evidence on the petition or accept an admission, and shall make and file its findings as to whether the delinquent acts ascribed to the child were committed by the child.(f) If the court finds that the child committed the acts by reason of which the child was alleged to be delinquent, it shall enter the finding on the record and may then transfer the case to the county of residence for a hearing to determine the child's need for treatment, supervision or rehabilitation. Consistent with local practice in the county of residence, notice of this transfer for hearing and disposition, along with all relevant information, should be provided to the district attorney or juvenile probation department in the county of residence. (1) While Pa.R.J.C.P. 302(A) (relating to inter-county transfer) permits the transfer of the case to the county of residence following a determination that a nonresident child committed a delinquent act, a transfer is not required.(2) The recommended practice is that the case should be transferred to the court in the county of residence for a hearing to determine whether the child is in need of treatment, supervision or rehabilitation, and for that court to make final disposition of the case. Normally, the county of residence is most familiar with the circumstances of the family and will be providing supervision of the case if the child is found to be delinquent.(3) If restitution is owed, the transferring court should enter a finding of the amount of restitution owed and to whom it should be paid, if ordered.(g) The jurisdiction that makes final disposition of a delinquency matter under 42 Pa.C.S. Chapter 63 (relating to the Juvenile Act) is responsible for implementing the disposition, including the costs of placement or treatment, and the collection of fines, costs and restitution.(h) Except upon an agreement to the contrary, the responsibility for the return of a child to the child's county of residence should be that of the county of residence. In all cases, the return of a child to the child's county of residence should occur promptly.(i) If transfer to criminal proceedings is considered an option in a particular case, officials from the county in which the alleged offenses occurred should immediately contact the appropriate officials in the county of residence to discuss the appropriateness of the various dispositional alternatives, toward the goal of reaching agreement on a course of action. In such a case, however, the ultimate decision regarding whether to seek transfer of the case to criminal proceedings rests with the attorney for the Commonwealth in the county in which the alleged delinquent acts occurred.