Rule Text
A. Detained Juvenile. If the juvenile is detained, an adjudicatory hearing shall be held within 10 days of the filing of the petition. If the adjudicatory hearing is not held within 10 days, the juvenile shall be released unless the exceptions of Rule 240(D) apply.
B. Non-detained Juvenile. If the juvenile is not detained, the adjudicatory hearing shall be held within a reasonable time.
Amendment history: The provisions of this Rule 404 amended July 31, 2012, effective November 1, 2012, 42 Pa.B. 5350; amended November 30, 2021, effective April 1, 2022, 51 Pa.B. 7629. Immediately preceding text appears at serial pages (393103) to (393104).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When a young person is held in detention after a petition is filed against them, the court must hold an adjudicatory hearing within 10 days. An adjudicatory hearing is where a judge decides whether the juvenile did what they are accused of doing. If that hearing does not happen within 10 days, the juvenile must be released from detention.
For juveniles who are not being held in detention, the court still has to schedule a hearing, but the timeline is more flexible. The hearing just needs to happen within a "reasonable time," which gives the court more room depending on the situation.
Committee Notes
The ‘‘filing of a petition’’ in paragraph (A) includes petitions filed pursuant to Rule 337 if the juvenile is detained following transfer from criminal proceedings.
Rule 404 adopted April 1, 2005, effective October 1, 2005. Amended July 31, 2012, effective November 1, 2012. Amended November 30, 2021, effective April 1, 2022.
Final Report explaining the provisions of Rule 404 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).
Final Report explaining the amendments to Rule 404 published with the Court’s Order at 42 Pa.B. 5350 (August 18, 2012).
Final Report explaining the amendments to Rule 404 published with the Courts’ Order at 51 Pa.B. 7629 (December 11, 2021).