Pennsylvania § 6335 - Release or holding of hearing.

§ 6335. Release or holding of hearing.

(a) General rule.--After the petition has been filed alleging the child to be dependent or delinquent, the court shall fix a time for hearing thereon, which, if the child is in detention or shelter care shall not be later than ten days after the filing of the petition. Except as provided in subsection (f), if the hearing is not held within such time, the child shall be immediately released from detention or shelter care. A child may be detained or kept in shelter care for an additional single period not to exceed ten days where:

(1) the court determines at a hearing that:

(i) evidence material to the case is unavailable;

(ii) due diligence to obtain such evidence has been exercised; and

(iii) there are reasonable grounds to believe that such evidence will be available at a later date; and

(2) the court finds by clear and convincing evidence that:

(i) the life of the child would be in danger;

(ii) the community would be exposed to a specific danger; or

(iii) the child will abscond or be removed from the jurisdiction of the court.

The court shall direct the issuance of a summons to the parents, guardian, or other custodian, a guardian ad litem, and any other persons as appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition. The summons shall also be directed to the child if he is 14 or more years of age or is alleged to be a delinquent. A copy of the petition shall accompany the summons.

(b) Personal appearance.--The court may endorse upon the summons an order:

(1) Directing the parents, guardian, or other custodian of the child to appear personally at the hearing.

(2) Directing the person having the physical custody or control of the child to bring the child to the hearing.

(c) Warrant of arrest.--If it appears from affidavit filed or from sworn testimony before the court that the conduct, condition, or surroundings of the child are endangering his health or welfare or those of others, or that he may abscond or be removed from the jurisdiction of the court or will not be brought before the court notwithstanding the service of the summons, the court may issue a warrant of arrest.

(d) Form.--A summons and warrant of arrest shall be in such form and shall be served as prescribed by general rules.

(e) Waiver of service.--A party, other than the child, may waive service of summons by written stipulation or by voluntary appearance at the hearing. If the child is present at the hearing, his counsel, with the consent of the parent, guardian, or other custodian, or guardian ad litem, may waive service of summons in his behalf.

(f) Limitations on release.--The child shall not be released from detention or shelter care under authority of subsection (a) if the failure to hold a hearing within ten days after the filing of the petition is the result of delay caused by the child. Delay caused by the child shall include, but not be limited to:

(1) Delay caused by the unavailability of the child or his attorney.

(2) Delay caused by any continuance granted at the request of the child or his attorney.

(3) Delay caused by the unavailability of a witness resulting from conduct by or on behalf of the child.

At the conclusion of any court proceeding in which the scheduled hearing is not held, the court shall state on the record whether the failure to hold the hearing resulted from delay caused by the child. Where the court determines that failure to hold a hearing is the result of delay caused by the child, the child may continue to be held in detention or shelter care. However, the additional period of detention shall not exceed ten days, provided that such detention may be continued by the court for successive ten-day intervals.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff. 60 days; Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999)

1998 Amendment. Act 126 amended subsec. (a).

1995 Amendment. Act 21, 1st Sp.Sess., amended subsec. (f).

1978 Amendment. Act 53 amended the heading and subsec. (a).

Suspension by Court Rule. Section 6335 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(16), amended July 18, 2012, insofar as it is inconsistent with Rule 391 relating to time restrictions for detention for juveniles scheduled for transfer hearing.

Subsection (c) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(2), amended March 19, 2009, insofar as it is inconsistent with Rules 124, 140 and 364 relating to summons and notice.

Subsection (c) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(1), amended March 19, 2009, insofar as it is inconsistent with Rules 1124, 1140 and 1364 relating to summons and notice.

Section 6335 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(10), adopted August 11, 2006, insofar as it is inconsistent with Rule 1360 relating to adjudicatory summons.

Cross References. Section 6335 is referred to in section 6368 of Title 23 (Domestic Relations).