§ 6323. Informal adjustment.

674 words·~3 min read·/pa/title-42/chapter-63/6323

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(a)General rule.--

(1)Before a petition is filed, the probation officer or other officer of the court designated by it, subject to its direction, shall, in the case of a dependent child where the jurisdiction of the court is premised upon the provisions of paragraph (1), (2), (3), (4),

(5)or

(7)of the definition of "dependent child" in section 6302 (relating to definitions) and if otherwise appropriate, refer the child and his parents to any public or private social agency available for assisting in the matter. Upon referral, the agency shall indicate its willingness to accept the child and shall report back to the referring officer within three months concerning the status of the referral.

(2)Similarly, the probation officer may in the case of a delinquent child, or a dependent child where the jurisdiction of the court is permitted under paragraph

(6)of the definition of "dependent child" in section 6302, refer the child and his parents to an agency for assisting in the matter.

(3)The agency may return the referral to the probation officer or other officer for further informal adjustment if it is in the best interests of the child.

(b)Counsel and advice.-- Such social agencies and the probation officer or other officer of the court may give counsel and advice to the parties with a view to an informal adjustment if it appears:

(1)counsel and advice without an adjudication would be in the best interest of the public and the child;

(2)the child and his parents, guardian, or other custodian consent thereto with knowledge that consent is not obligatory; and

(3)in the case of the probation officer or other officer of the court, the admitted facts bring the case within the jurisdiction of the court.

(c)Limitation on duration of counsel and advice.-- The giving of counsel and advice by the probation or other officer of the court shall not extend beyond six months from the day commenced unless extended by an order of court for an additional period not to exceed three months.

(d)No detention authorized.-- Nothing contained in this section shall authorize the detention of the child.

(e)Privileged statements.-- An incriminating statement made by a participant to the person giving counsel or advice and in the discussions or conferences incident thereto shall not be used against the declarant over objection in any criminal proceeding or hearing under this chapter.

(f)Terms and conditions.-- The terms and conditions of an informal adjustment may include payment by the child of reasonable amounts of money as costs, fees or restitution, including a supervision fee and contribution to a restitution fund established by the president judge of the court of common pleas pursuant to section 6352(a)(5) (relating to disposition of delinquent child).

(g)Expungement of records.-- Upon motion, or sua sponte, including upon receiving notice under section 6304(a.2) (relating to powers and duties of probation officers), the court shall commence expungement proceedings under 18 Pa.C.S. § 9123 (relating to juvenile records) and the Pennsylvania Rules of Juvenile Court Procedure if the court finds:

(1)six months have elapsed since the child's successful discharge from informal adjustment supervision; and

(2)no proceeding seeking adjudication or conviction is pending.

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(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 30, 2004, P.L.1703, No.217, eff. imd.; Oct. 16, 2024, P.L.1006, No.108, eff. 180 days)

2024 Amendment. Act 108 added subsec. (g).

2004 Amendment. Act 217 added subsec. (f).

1978 Amendment. Act 53 amended subsec. (a).

Care of Dependent Children. Section 31 of Act 53 of 1978 limits the liability of counties for costs of operating new shelter care programs for dependent children classified under paragraph

(6)of the definition of "dependent child" in section 6322.

Suspension by Court Rule. Section 6323(a)(2) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(13), amended July 18, 2012, insofar as it is inconsistent with Rule 312 relating to informal adjustment.

Cross References. Section 6323 is referred to in section 6302 of this title.

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