IN RE: ORDER AMENDING RULE 120 OF THE RULES OF JUVENILE COURT PROCEDURE.

No. 543.Supreme Court of Pennsylvania.
September 7, 2011.

Supreme Court Rules Docket.

ORDER
PER CURIAM.

AND NOW, this 7th day of September, 2011, upon the recommendation of the Juvenile Court Procedural Rules Committee, the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3); and an Explanatory Report to be published with this ORDER:

IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the modifications to Rule 120 of the Rules of Juvenile Court Procedure are approved in the attached form.

This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective immediately.

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RULE 120. DEFINITIONS

JUVENILE is a person who has attained ten years of age and is not yet twenty-one years of age who is alleged to have, upon orafter the juvenile’s tenth birthday, committed a delinquent act before reaching eighteen years of age.

COMMENT * * * A “juvenile” must be at least ten years old and must not havereached the age of eighteen at the time of the commission of adelinquent act for a delinquency petition to be filed. If a child isunder the age of ten at the time of the commission of a delinquentact, a dependency petition may be filed pursuant toPa.R.J.C.P. 1100 et seq. and the Juvenile Act,42 Pa. C.S. § 6301 et seq.
Official Note:

* * * Amended September 7, 2011, effective immediately.
Committee Explanatory Reports:

* * * Final Report explaining the amendments to Rule 120 publishedwith the Court’s Order at 41 Pa.B. -(-).

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INTRODUCTION
The Supreme Court of Pennsylvania has adopted the proposed changes to Rule 120 with this Recommendation. The changes are effective immediately.

EXPLANATORY REPORT SEPTEMBER 2011
Modifications to Rule 120 clarify that the juvenile must be at least ten years old at the time of the commission of a delinquent act for a delinquency petition to be filed. Under the prior version, it could be argued that a juvenile must be at least ten years old at the time of the allegation of the delinquent act.

This revised definition ensures juveniles are at least ten years old and have not reached eighteen years of age when the commission of delinquent acts occurs, rather than when allegations are made.

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