Butler County Human Service System Guide - 2017

Pennsylvania Health Law Project
http://www.phlp.org/

Pennsylvania Health Law Project (PHLP) provides free legal services and advocacy to
Pennsylvanians having trouble accessing publicly funded health care coverage or
services. The link above is to PHLP’s website, which includes various resources,
including publications by topic.

Shoulder to Shoulder: Raising Teens Together
http://www.health.state.mn.us/youth/providers/resourcesparents.html

Shoulder to Shoulder: Raising Teens Together is a website developed by the Minnesota
Institute of Public Health. It provides information about positive parenting to help raise
teens.

Inside the Teenage Brain
http://www.pbs.org/wgbh/pages/frontline/shows/teenbrain/etc/aliens.html

Sponsored by PBS's Frontline, this website explores how new discoveries can change
the way we parent, teach, or even understand our teenagers. The link above is the
section of the website that includes resources for parents and teenagers to help
improve mutual understanding and communication.

American Academy of Child and Adolescent Psychiatry – Facts for Families
https://www.aacap.org/aacap/Families_and_Youth/Facts_for_Families/Home.aspx

The American Academy of Child and Adolescent Psychiatry (AACAP) is a non-profit
membership organization that includes over 7,500 child and adolescent psychiatrists
and other interested physicians. The link above is to a section of AACAP’s website that
includes an alphabetical list of fact sheets on various issues affecting children,
teenagers, and their families.

KidsHealth
http://kidshealth.org/parent

KidsHealth offers practical parenting information and news relevant to children of all
ages. The website also includes a section for kids and one for teens.

Healthy Children
http://www.healthychildren.org/English

This is a website developed by the American Academy of Pediatrics. It includes a
variety of information for parents of children ages birth through 21.

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COURT PROCESS

1. PRE ADJUDICATION CONFERENCE (PAC)
A) Admit or deny the criminal charges
B) Offer a consent decree (not an adjudication of delinquency – 6
months probation, can be extended to 12 months if terms are not
completed, six months after release from supervision, record is
expunged.)

2. ADJUDICATION HEARING
A) Similar to a trial in adult court
B) Results: finding that a crime has been committed or a dismissal

3. DISPOSTION HEARING
A) Similar to sentencing in adult court
B) Juvenile is found delinquent due to the need for treatment,
supervision and rehabilitation.

4. DISPOSITIONAL REVIEW HEARING
A) Hearing to review a juvenile’s progress on community based
probation or in a placement facility.

DISPOSTIONS AVAILABLE TO JUVENILE COURT SERVICES

COMMUNITY BASED PROBATION
COMMUNITY BASED PROBATION WITH IN HOME SERVICES
INTENSIVE PROBATION
INTENSIVE PROBATION WITH IN HOME SERVICES
INTENSIVE DRUG AND ALCOHOL PROBATION
INTENSIVE DRUG AND ALCOHOL PROBATION WITH IN HOME
SERVICES
PLACEMENT

WHO CAN HEAR DELINQUENCY AND DEPENDENCY CASES?

Judge - can hear all cases. Mandated to hear all felony cases, dispositional
review hearings for felony adjudications and dispositional reviews for all juveniles
in out of home placements.

Juvenile Court Master – an attorney appointed by the President Judge to hear
juvenile matters. By statute can only preside over misdemeanor cases. The
Juvenile Court Master can conduct all detention hearings.

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PROCEDURES WHEN A JUVENILE IS TAKEN INTO CUSTODY
1. Allegation is filed by the police department, if it is a new case or a new

charge is being filed.
2. A detention hearing must be held within 72 hours.
3. A juvenile may be released at the hearing and custody granted to the

parents, the juvenile may be released to the parents with electronic
monitoring or the juvenile may be returned to the detention center or
shelter care facility.
4. If the juvenile is returned to the facility, a PAC or Adjudication hearing
must be held within 10 days.
5. Following the PAC or Adjudication hearing, the child may be released or
returned to the facility.
6. If the juvenile returns to the facility, a Disposition Hearing must be held
within twenty days.
7. If a juvenile already on probation is detained, there must be a 72 hour
hearing. If the juvenile is continued in shelter care, a dispositional review
hearing must be held in twenty days.

DEPENDENCY

1. Petition is written by Children and Youth
a. referrals can come from:
i) police
ii) school
iii) community

2. Petition filed
3. Court Scheduled – same terms are used for dependency as delinquency

CHILDREN TAKEN INTO CUSTODY:

1. An allegation must be completed.
2. Children and Youth must obtain consent from the President Judge or

Designee to take a child into custody.

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3. A petition is filed.
4. A detention hearing is held within 72 hours.
5. At the Court Hearing all parties are represented by an attorney-

a) the child has a Guardian Ad Lidem
b) each parent can potentially have their own attorney

(following the detention hearing, parents are required to provide
proof of income to determine if they qualify for a
court appointed attorney)

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Pennsylvania’s Juvenile Justice
System Fact Sheet

This fact sheet answers common questions about Pennsylvania’s juvenile justice
system. It does not, however, cover issues related to the transfer of juveniles to and
from the adult system. In general, children between the ages of 10 and 21 who commit
delinquent acts prior to their 18th birthday are within the jurisdiction of the juvenile court.

What is a delinquent act?

A delinquent act is an act that would be considered a crime if committed by an adult.
Any person charged with murder, however, no matter how young, will be charged as an
adult in Pennsylvania. Summary offenses, such as underage drinking or disorderly
conduct, are not crimes. They are heard by district justices or, in Philadelphia, by
Municipal Court Judges. The failure to pay a fine after conviction for a summary offense
may be considered a delinquent act.

The following crimes are excluded from the jurisdiction of the juvenile court if the youth
charged was 15 years or older at the time of the offense, and a deadly weapon was
used, or if the juvenile was previously adjudicated delinquent for one of these offenses:

 Rape
 Involuntary deviate sexual intercourse
 Aggravated assault
 Robbery
 Robbery of a motor vehicle
 Aggravated indecent assault
 Kidnapping
 Voluntary manslaughter
 Attempt, conspiracy, or solicitation to commit the above crimes

What does it mean to be a delinquent child?

A delinquent child is a child 10 years of age or older whom the court has found to have
committed a delinquent act and to be in need of treatment, supervision or rehabilitation.

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Can children in juvenile court waive, or give up, their above rights?

Yes. Constitutional rights can be waived if the child knowingly and voluntarily decided
that he or she does not want the protection that these rights offer. The court will
examine all the circumstances surrounding the child’s waiver of rights to determine if the
child did, in fact, give up his or her rights voluntarily and knowingly. These
circumstances include the child’s age, experience, comprehension, understanding, and
the presence or absence of an interested adult who can help the child make reasoned
decisions with respect to his or her rights. In general, a child should not waive any
rights without consulting an attorney.

When and how may a child be taken into police custody?

According to the laws of arrest, which require that arrest warrants are issued only upon
a finding of probable cause supported by one or more affidavits or a properly sworn
complaint.

If there is reason to believe that the child violated probation.

Because of an order of the court

The parent, guardian, or custodian of the minor should be notified “with all reasonable
speed” about the whereabouts of the child taken into custody and be given a written
statement of the reason for taking the child into custody.

May a juvenile be fingerprinted or photographed after arrest?

Yes. Police may fingerprint or photograph a juvenile, age 10 or older, who has been
arrested for an offense that would be a misdemeanor or felony if committed by an adult.
If the juvenile is found not guilty, the fingerprints or photographs must be destroyed
immediately.

How long may a juvenile be kept at a police station after an arrest?

A juvenile may be detained securely—that is, confined in a locked room or cell or cuffed
to a rail or stationary object—at a police station for no longer than six (6) hours, but can
be kept in police custody under less-confining conditions for longer than that time
period. Police may take an arrested child to a police station for the limited purpose of
identifying the child, investigating the case, processing the paper work, or transferring
the child to the parent or to a detention center.

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May a juvenile be kept in a juvenile detention center until a detention
hearing?

Yes, but only if one or more of the following conditions exist:
 Confinement is required to protect the person or property of another or the child.

 There is reason to believe that the juvenile will run away or be removed from the
jurisdiction.

 There is no parent, guardian or custodian to care for or supervise the juvenile.
If none of the above conditions exist, the juvenile may not be held.
In Philadelphia County only, pursuant to a settlement agreement, no juvenile 12 years
of age or younger may be held in secure detention. Juveniles in Philadelphia who are
13 or older may be detained in secure detention only when:

 He or she is charged with a crime, which in the case of an adult would be
punishable as a felony (any degree) or misdemeanor of the first degree

 He or she is an escapee from an institution or other placement facility to which he
or she was committed for a previous adjudication

 He or she has failed to appear at a scheduled court hearing and that failure to
appear has resulted in the issuance of a bench warrant

 He or she has been verified to be a fugitive from another jurisdiction and an
official of that jurisdiction has formally requested that the juvenile be held in
detention.

Finally, even when a juvenile meets one of the above criteria, the court and the
detention center intake worker must state explicitly in writing the reasons that
alternatives to secure detention were rejected.

What happens when a child is detained?

A petition must be presented to the court within 24 hours or on the next court business
day after a child has been admitted to a detention center or to shelter care and a
detention hearing must be held within 72 hours.

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What is decided at the detention hearing?

The detention hearing is an informal hearing at which the court will determine:
 If there is probable cause to believe that the child has committed the delinquent
act(s) with which he or she is charged, and

 Whether the child should remain in detention, shelter care or under some other
pretrial supervision until the adjudicatory hearing (trial).

Where may juveniles be detained before trial?

If detained before trial, the child may be placed in a variety of settings, including a
secure detention center, a foster home, or any other appropriate placement approved
by the court. A shelter placement is usually “unlocked.” Children may also be released
before trial, subject to certain conditions or restraints, such as electronic monitoring,
intense supervision, and in-home detention. The conditions of confinement for a juvenile
are limited by the following restrictions:

 A juvenile can only be securely detained at a police station for up to six hours
after arrest. Being held securely includes confinement in a locked room or cell, or
cuffing to a rail or stationary object.

 A juvenile cannot be held securely in a facility which also houses an adult lockup
unless:
 The holding is for the purpose of identification, investigation, and transfer,
AND

 The child is separated “by sight and sound” from incarcerated adult
offenders, in which case the child must be under the under the continuous
visual supervision of law enforcement officials or staff

A juvenile cannot be held in non-secure custody in a facility which also houses an adult
lockup unless all of the following conditions are met:

 The area in which the child is held is an unlocked multipurpose room that is not
part of a secure detention facility

 The child is not physically secured on a cuffing rail or stationary object during the
period of custody

 The area is designated for the purpose of identification, investigation, or
processing

 The child is under the continuous visual supervision of a law enforcement officer
or employee of the facility

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A juvenile cannot be placed in a facility in which he or she is likely to be abused by other
children.

A juvenile can only be placed in a jail or other adult facility if being tried as an adult.

In Philadelphia County only: According to a court decree, no juvenile may be detained in
secure detention prior to the detention hearing except for one or more of the reasons for
detention listed above. The court must state in writing the specific reason secure
detention is permitted and why alternatives to secure detention were rejected. No
juvenile who has been committed, voluntarily or involuntarily, under the Mental Health
Procedures Act may be held in secure detention.

How is the juvenile court process started?

To start the process, a petition must be filed with the court. A petition can be brought by
any person, including a law enforcement officer. The petition must state:

 The child’s name, age, and address
 The names and addresses of the parents, if known
 When and where the child was taken into custody If the child is still in custody

The petition must clearly say why the child is being brought before the court and state
that it is in the best interests of the child and the public that the child receives treatment,
supervision, or rehabilitation.

If the child is not released after arrest a petition must be filed with the court within 24
hours or the next business day after the child is brought to detention or shelter care.

Can the court process be avoided?

Yes. Before the petition to start the court process is filed, a probation officer or another
officer of the court can decide that it would be most appropriate to have an informal
adjustment of the charges against the child.

When a probation officer opts for an informal adjustment, there is no finding of guilt or
innocence if the terms of the adjustment are complied with. An informal adjustment
typically lasts for six months. If the juvenile successfully complies with the terms of the
informal adjustment, the petition and charges are withdrawn.

If, prior to the termination of the informal adjustment period, the juvenile is arrested on
new charges, or otherwise violates the terms of the informal adjustment, the state may
file a delinquency petition and initiate court proceedings. If the juvenile has made any
incriminating statements in the informal adjustment process, however, those statements
are privileged and cannot be used against him or her in any juvenile court proceedings.

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After the delinquency petition is filed is there any way to have the
judicial process suspended?

Yes. The judicial process may be suspended by the entering of a consent decree. A
consent decree is an agreement by all the parties to continue to keep the child under
supervision in his or her own home under the terms and conditions negotiated with the
probation officer. As in an informal adjustment, if the terms of a consent decree are
complied with, there is no finding of guilt or innocence and no juvenile record of the
incident is made.

Either the child’s attorney or the district attorney may ask the court to enter a consent
decree. The judge may enter a consent decree at any time after the petition is filed but
before a finding of guilt or innocence. The court cannot enter a consent decree over the
objection of the child or the district attorney.

The consent decree will last for six months unless the court agrees to discharge the
child earlier or extend the decree for an additional six months. Once a child has
successfully completed the conditions of the consent decree he or she cannot be retried
for the offense or conduct that led to the consent decree. However, if a new petition
alleging a different delinquent act is brought against the child while the consent decree
is in force or if the child fails to fulfill conditions of the decree, the court process will
begin again as if the decree had never been entered and the child will be charged with
both the original and new charge.

What is an adjudicatory hearing?

An adjudicatory hearing is like a trial to determine whether the juvenile committed the
offense(s) with which he or she is charged. The judge will hear evidence from witnesses
presented by the prosecution and the defense attorney who is representing the juvenile.
After listening to this testimony the judge must decide whether the prosecution has
proven beyond a reasonable doubt that the juvenile committed the acts with which he is
charged. If, at that hearing, the judge decides that the child committed the act(s), he or
she must also decide whether the child is in need of treatment, supervision, or
rehabilitation. This decision must be made within 20 days if the child is in detention. If
the judge decides that the child is not in need of treatment, supervision, or rehabilitation
the proceedings will be dismissed. However, children who have been adjudicated
delinquent for acts classified as felonies are presumed to be in need of treatment,
supervision, or rehabilitation.

When does an adjudicatory hearing take place?

If the child is being held in secure detention or shelter care, an adjudicatory hearing
must be held no later than ten (10) days after the initial petition (which must be filed
within 24 four hours of taking the child in custody) was filed.

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There are some exceptions to this 10-day rule. The judge may order that a child be
detained for an additional ten days for one of the following reasons:

 The judge has reasonable grounds to believe that presently unavailable material
evidence will be available at a later date and every effort has been made to
obtain that evidence

 The judge finds by clear and convincing evidence that, without an order of
detention, the child’s life or the community’s safety would be endangered, or that
the child would run away or be removed from the jurisdiction

 The child or the child’s counsel delays putting on the case because persons are
unavailable or requests for continuances become necessary.

What is a disposition hearing?

A disposition hearing is like a sentencing hearing. If a child is found delinquent by the
court, at disposition the judge must determine what type of treatment, supervision, or
rehabilitation is appropriate for the child and order these services or placements. The
court’s disposition must pay “balanced attention” to “the protection of the community,
the imposition of accountability for offenses committed and development of
competencies to enable children to become responsible and productive members of the
community.” Disposition should, therefore, seek to benefit both the child and
community.

A disposition hearing can occur on the same day as the adjudication or at a later time. If
the child is in detention, however, the hearing must occur within 20 days of the
adjudication. At the disposition, the judge has a great deal of flexibility. The judge can
order the child to any number of different plans or programs best suited to the child’s
treatment, supervision, rehabilitation and welfare. The court is, however, limited by the
restriction that a juvenile cannot be placed in an institution meant primarily for adult
offenders unless the child is convicted as an adult.

Examples of dispositions include:
 Allowing the child to remain with parents, guardians, or other custodian and
requiring that the child meet certain conditions, such as attending school or
counseling.

 Placing the child on probation or in a community-based placement (like a group
home).

 Sending a child who is over 12 years-old to a Youth Development Center, Youth
Forestry Camp, or another institution operated by the Department of Public
Welfare.

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 Requiring a child to make payments of a reasonable amount of money as fines,
costs, or restitution as part of a program of rehabilitation. Amounts due would be
determined by taking into account the charged offense and the earning capacity
of the child.

 Ordering payment of a fine, acceptable to the victim, not in excess of the actual
damage, and paid for from earnings the child received through participation in a
constructive program of service or education, as a condition of probation.

How long can a juvenile’s court disposition last?

A child may be committed to an institution or kept under probation or supervision only
as long as is necessary to provide treatment or rehabilitation services. A child may be
placed in an institution for a maximum period of either four years or the amount of time
that an adult would receive if convicted of the same offense, whichever is shorter.

The court must review each commitment or disposition every six months, and conduct a
disposition review hearing every nine months. The judge may alter the original
disposition at a review hearing if it is decided that a change would best meet the
treatment goals of the child.

Can the court order a child’s parent or guardian to participate in a
disposition?

Yes. A parent, guardian or custodian of the child can be ordered by the court to
participate in the treatment, rehabilitation, or supervision of the child. A parent can be
found in contempt of court if he or she does not comply with the court ordered
participation and a bench warrant could be issued for his or her arrest.

Can parents be held responsible for reimbursements ordered as part
of disposition?

Yes. When a child is ordered to reimburse the person who suffered injury as a result of
the child’s “tortious act,” the child’s parent or guardian is ultimately held responsible for
the repayment. A tortious act is something that causes injury to property or to people. If
a parent fails to comply with this order of the court, a civil action can be filed against the
parents to recover the money owed to the victim. The monetary limit for liability is
$1,000 for injuries suffered by one person and $2,500 for more than one person,
regardless of the number of persons suffering injury from a child’s tortious act or series
of acts.

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Can a juvenile be transferred to a less restrictive placement before the
initial disposition has been completed?

An institution in which a child has been placed may seek to transfer the child to a less
secure facility such as a group or foster home. If the transfer is from a secure facility,
the institution or facility must make a written request for a transfer to the court and to the
attorney for the state. If no objections are made to the request within 10 days of its
receipt by the court, the child may be transferred. If, instead, there are objections to the
transfer, a hearing must be held within 20 days of the objection to reevaluate the
disposition.

Can a juvenile appeal a court’s decision?

Yes. The child may appeal the court’s delinquency adjudication and/or the disposition
order. No appeals can be filed prior to final disposition. All appeals must be filed with the
Superior Court of Pennsylvania within 30 days after the final disposition hearing.

Is the juvenile court closed to the public?

In most cases juvenile court proceedings are only open to the parties involved in the
alleged incident. Those parties include: the child; attorneys and witnesses for the
defense and prosecution; persons accompanying the child for assistance; the victim,
counsel for the victim and persons accompanying the victim for assistance; and any
other persons that the court finds have a proper interest in the case.

The general public, however, will not be excluded from juvenile court hearings under the
following circumstances:

 The delinquency petition concerns a child 14 years or older who has been
accused of conduct that would be considered a felony if committed by an adult.

 The delinquency petition concerns a child 12 years or older who has been
accused of one of the following offenses:
 Murder
 voluntary manslaughter
 aggravated assault
 arson
 involuntary deviate sexual intercourse
 kidnapping
 rape
 robbery
 robbery of a motor vehicle
 attempt or conspiracy to commit any of the above offenses

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In any of the above circumstances, however, the child and district attorney can
agree that the proceedings should not be opened to the public.

Are juvenile records automatically erased (expunged)?

No. A person must petition the court if he or she wants their juvenile records erased;
otherwise the records will remain on file.
Records may be expunged upon court order under any one of the following
circumstances:

 The original delinquency petition was dismissed or not proven true.

 Six months have passed following the successful completion of the terms of a
consent decree.

 Five years have passed since the child has been discharged from the court’s
supervision and no other charges have been filed or are pending.

In addition, the court may order expungement, with the agreement of the district
attorney, if the child is 18 or older. To make this decision, the court must weigh the
following factors:

 The type of offense
 The age and criminal/juvenile history
 The adverse consequences to the child if the records are not expunged (such as

the inability to enter an educational/vocational program or the military)
 Whether public safety demands that the records be maintained

This fact sheet is provided for informational purposes only and does not constitute legal
advice. Applicability of the legal principles discussed in this fact sheet may differ
substantially in individual situations, different counties, or in different states. If you have
a specific concern or legal problem, do not rely on these materials. Be sure to seek the
advice of an attorney about your particular situation and facts.

Last updated: Summer 2007

Source: Juvenile Law Center website – www.jlc.org.

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YOUTH RIGHTS IN PENNSYLVANIA:

LEGAL REPRESENTATION FOR YOUTH IN CARE

Do I have a lawyer?
YES. All youth in the dependency system have a lawyer who is appointed to represent them in court at no cost. Sometimes
your lawyer is called a Guardian ad Litem (GAL) or child advocate.
Your lawyer works for you. Your lawyer does not work for the county child welfare agency or for your parent(s). Your
lawyer is focused on your needs, making sure you are safe and well cared for, and that your voice and opinions are
heard.

What will the lawyer tell the court? How do I find out who my lawyer is?
How your lawyer represents you depends on how you came into care. Ask your county child welfare agency
•If you came into care because of your actions (like not attending case worker if you do not know who your
school), your lawyer will tell the judge only what you want to happen. lawyer is. If you are not able to find this
•If you came into care because of something that your parents did or information, you can call the Juvenile Law
because they were not able to take care of you (like abuse or neglect), Center at 1-800-875-8887. If you live in
the lawyer will tell the judge what you want to happen AND what the Allegheny County, you can call KidsVoice
lawyer thinks is best for you. When your lawyer acts in this way, he/she at 412-391-3100.
is called your Guardian ad Litem (GAL). What the lawyer believes is in
your best interest may not always be what you want, but your lawyer What do I do if I think my lawyer isn’t
should always explain what they will say to the court and give you an doing his or her job?
opportunity to speak for yourself if you want to. If you are not sure of your If you do not think your lawyer is doing
lawyer’s role, call your lawyer and ask them to explain. his or her job, you should talk about this
with your lawyer. If you are still not satis-
What is my lawyer supposed to do? fied after the talk, you should contact his/
Your lawyer should come and see you as soon as possible after he or her supervisor or boss. You can also tell
she is appointed to be your lawyer and should meet with you on a the judge when you go to court. You
regular basis. Your lawyer should interview other people who are should let them know what you think your
involved in your case and who may be witnesses in your case. Your lawyer is doing wrong, such as if your
lawyer should participate in any hearings in court that involve you. Your lawyer is not returning your calls or talk-
lawyer should also explain to you what is happening in court. ing to you, not telling the judge what you
The lawyer is supposed to do all of these things. Ultimately, though, you want. Then the judge can decide what to
are your own best advocate. You should find out the name of your do next to make sure your lawyer repre-
lawyer, his/her telephone number and address so you have a few ways sents you adequately or that you get an-
to communicate with your lawyer. You should call your lawyer and make other lawyer. Your lawyer is appointed to
sure that he/she knows what is going on in your case, particularly if you help you and work for you. If you do not
are having problems. You should also be prepared to speak for yourself think your lawyer is doing his/her job,
in court so that you can tell the judge how you feel and what you want. If don’t be afraid to let someone know.
you want, you can come to court with a written statement of what you
want the judge to know

What should I tell my lawyer?
Almost everything you tell your lawyer is confidential. That means that your lawyer cannot tell anyone else about it without
your permission. Your lawyer will tell you when she cannot keep things confidential; for instance, if you are planning to
hurt yourself or others. If you want to know what you can tell your lawyer confidentially, ask
your lawyer if there is any kind of information he or she would have to share.
When you talk to your lawyer about how you are doing, your placement, and your school,
it makes it easier for him or her to represent you in court.

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