37 Pa. Code § 200.6 - Postadjudication detention pending disposition

A juvenile whom the court has found to have committed the act by reason of which the juvenile was alleged to be delinquent or whom the court has found to be delinquent may not be held in secure detention pending disposition unless one of the following exists:

(1) The adjudication or finding was based on an offense for which detention was or could have been authorized or ordered under § 200.3 (relating to detention required to protect the person or property of others or of the juvenile).

(2) The juvenile was initially detained, was eligible for detention, or, based on more recent information, would now be eligible for detention under § 200.4 (relating to detention required because the juvenile may abscond or be removed from the jurisdiction of the court) and the court determines detention to be required.

(3) The court has determined that placement of the juvenile at disposition is probable and continued detention is required prior to disposition based upon consideration of the following factors:

(i) The nature of the substantiated offense.

(ii) The juvenile's employment and student status.

(iii) The nature of the juvenile's family relationships.

(iv) The juvenile's past and present residences.

(v) The juvenile's age, character, mental condition, previous juvenile record, and drug or alcohol addiction or substance abuse.

(vi) If the juvenile has previously been released pending a court proceeding, whether the juvenile appeared as required.

(vii) Other facts relevant to whether the juvenile has strong ties with the community or is likely to flee the jurisdiction.

Notes

37 Pa. Code § 200.6

This section cited in § 200.7 (relating to postdisposition detention awaiting placement); and § 200.8 (relating to detention pending or subsequent to a dispositional review proceeding).