Rule 610 Dispositional Review

At any hearing, if it is determined that the juvenile is in need of an educational decision maker, the court is to appoint an educational decision maker pursuant to Rule 147.

When conducting a dispositional review hearing, the court is to ensure that the disposition continues to provide balanced attention to the protection of the community, the imposition of accountability for offenses committed, and the development of competencies to enable the juvenile to become a responsible and productive member of the community. A change in the plan of rehabilitation may result in the adjustment of financial obligations imposed pursuant to Rule 515. An ‘‘adjustment’’ is not intended to invite the imposition of increased fines, fees, or costs after disposition.

Nothing in this rule prohibits the juvenile from requesting an earlier review hearing. The juvenile may file a motion requesting a hearing when there is a need for change in treatment or services. Nor does the rule prohibit the court from scheduling more frequent review hearings.

Additionally, nothing in this rule is intended to prohibit the emergency transfer of a juvenile from a placement facility to a detention facility pending reconsideration of the dispositional order, and this rule is not intended to preclude a motion for modification of a dispositional order after the juvenile has been detained.

Under subdivision (c), the attorney for the Commonwealth or its designee is to notify the victim of the date, time, place, and purpose of the review hearing. Prior to ordering the modification of the dispositional order, the court is to give the victim an opportunity to submit an oral or written victim-impact statement if the victim so chooses. See 18 P.S. § 11.201(5)—(5.2). Whenever a motion seeks a reduction of outstanding restitution, the victim should be given specific notice of the relief sought prior to the hearing. A court may not order a downward adjustment of outstanding restitution without first ensuring that notice was given to the victim of the possibility that such an adjustment was specifically being considered at the dispositional review hearing.

Any person may be subpoenaed to appear for the hearing. See Pa.R.J.C.P. 123; 42 Pa.C.S. § 6333. However, nothing in these rules requires the attendance of the victim unless subpoenaed. If the victim is not present, the victim is to be notified of the final outcome of the proceeding.

Concerning subdivision (d)(1), see Pa.R.J.C.P. 129(A)(2). Concerning subdivisions (d)(2)-(d)(3), the preferred technology is one that provides simultaneous audio-visual communication. Audio-only communication is discouraged, but acceptable if there is no practicable alternative. The juvenile is to be afforded all the same rights and privileges as if the hearing was held with all present in the courtroom.

If a juvenile is detained or placed, the juvenile is to be placed in a detention facility or placement facility, which does not include a county jail or state prison. See Pa.R.J.C.P. 120 (defining ‘‘detention facility’’ and ‘‘placement facility’’).

For the colloquy and inquiry of post-dispositional rights, see Rule 512(C). If a change in disposition results in an out-of-home placement, then the court should also explain to the juvenile the availability of review of the out-of-home placement pursuant to Pa.R.A.P. 1612.