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Commencement of proceedings - 42 Pa. Cons. Stat. § 6321Legal Research Home > Pennsylvania Statutes
SUBCHAPTER B
JURISDICTION AND CUSTODY
Sec.
6321. Commencement of proceedings.
6322. Transfer from criminal proceedings.
6323. Informal adjustment.
6324. Taking into custody.
6325. Detention of child.
6326. Release or delivery to court.
6327. Place of detention.
§ 6321. Commencement of proceedings.
(a) General rule.--A proceeding under this chapter may be
commenced:
(1) By transfer of a case as provided in section 6322
(relating to transfer from criminal proceedings).
(2) By the court accepting jurisdiction as provided in
section 6362 (relating to disposition of resident child
received from another state) or accepting supervision of a
child as provided in section 6364 (relating to supervision
under foreign order).
(2.1) By taking a child into custody in accordance with
the provisions of section 6324 (relating to taking into
custody).
(3) In other cases by the filing of a petition as
provided in this chapter. The petition and all other
documents in the proceeding shall be entitled "In the
interest of.........................., a minor," and shall be
captioned and docketed as provided by general rule.
(b) Venue.--A proceeding under this chapter may be
commenced:
(1) In the county in which the child resides.
(2) If delinquency is alleged, in the county in which
the acts constituting the alleged delinquency occurred.
(3) If dependency is alleged, in the county in which the
child is present when it is commenced.
(c) Transfer to another court within this Commonwealth.--
(1) If the child resides in a county of this
Commonwealth and the proceeding is commenced in a court of
another county, the court, on motion of a party or on its own
motion made after the adjudicatory hearing or at any time
prior to final disposition, may transfer the proceeding to
the county of the residence of the child for further action.
Like transfers may be made if the residence of the child
changes during the proceeding. The proceeding may be
transferred if the child has been adjudicated delinquent and
other proceedings involving the child are pending in the
court of the county of his residence.
(2) Certified copies of all legal and social documents
and records pertaining to the case on file with the court
shall accompany the transfer.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Feb. 29, 1980,
P.L.36, No.12, eff. 60 days)
1980 Amendment. Act 12 amended subsec. (a).
1978 Amendment. Act 53 amended subsec. (b).
Suspension by Court Rule. Section 6321 was suspended by
Pennsylvania Rule of Juvenile Court Procedure No. 800(7),
amended December 30, 2005, insofar as it is inconsistent with
Rule 200 relating to commencing proceedings.
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Last modified: November 27, 2007 |
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