Pa. Cons. Stat. » 42 Pa. Cons. Stat. (JUDICIARY) / Chapter 63

42 Pa. Cons. Stat. § 6321

 Commencement of proceedings.

Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

 

 

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.

6328.  Dependency in lieu of delinquency.

6329.  Concurrent jurisdiction on military installations.

§ 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.

Cross References.  Section 6321 is referred to in section 9799.19 of this title.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1979–2026 · leading case: Commonwealth v. Hughes
Sort: Relevance Newest Treatment
Commonwealth v. Hughes (1989) pa · cites it 2× “Laws 12, 42 Pa.Cons.Stat.Ann. § 6321(a)(2.1) (Purdon 1982).”
In the Int. of: J.M., Appeal of: L.M.-M. (2019) pasuperct “2003) - 21 - J-A13041-19 (holding juvenile court acquires jurisdiction by commencement of proceedings pursuant to 42 Pa.C.S. § 6321 of the Juvenile Act); In re S.”
Brooks-Gall v. Gall (2003) pasuperct “42 Pa.C.S. § 6321(a). In this case, the only subsection potentially applicable is (2.”
Commonwealth v. Nobles (2018) pasuperct “2 See 42 Pa.C.S. § 6321 (a)(2.1), 6324(2) (relating to the commencement of juvenile proceedings).”
In the Interest of: G.G.B., Appeal of: J.B. (2026) pa · cites it 9× “Venue in dependency cases is prescribed by 42 Pa.C.S. §6321 and Pa.R.J.C.P. 1300. “The object of all statutory interpretation is to ascertain and effectuate the intent of the General Assembly.”
In the Int. of: J.M., Appeal of: L.M.-M. (2019) pasuperct “2003) - 21 - J-A13041-19 (holding juvenile court acquires jurisdiction by commencement of proceedings pursuant to 42 Pa.C.S. § 6321 of the Juvenile Act); In re S.”
In Re: Order Amending Rule 1300, and Rescinding and Replacing Rule 1302 of Pa Juvenile Court Procedure (2020) pa · cites it 2× “Comment See 42 Pa.C.S. § 6321.] 3 [The text of this rule is entirely new.”
In the Interest of A.A.C., Appeal of: A.A.C. (2019) pasuperct “After the filing of a petition, the juvenile court holds an adjudicatory hearing at which evidence on the petition for delinquency is heard.”
In the Interest of: G.G.B., Appeal of: J.B. (2024) pasuperct “1300(A)(1-2); see also 42 Pa.C.S. § 6321(b)(1, 3). Additionally, the Rules and the Act both allow a court to transfer a case to another county upon motion by a party or sua sponte.”
In the Interest of: A.I., a Minor (2015) pasuperct “See 42 Pa.C.S. § 6321 (Commencement of Proceedings).”
In the Interest of: S.B., a Minor (2015) pasuperct “See 42 Pa.C.S. §§ 6321 and 6302. -6- J-S65016-15 Each judicial district may promulgate local rules that follow the requirements of Rule 1121 and Pa.”
In the Interest of Severa (1979) pacommwct “A similar provision is now found in the Juvenile Act, 42 Pa. C.S. §6321 (a). Repealed by Section 2(a) [1460] of JARA.”
— 42 Pa. Cons. Stat. § 6321(a) — 2 cases
Commonwealth v. Hughes (1989) pa “Laws 12, 42 Pa.Cons.Stat.Ann. § 6321(a)(2.1) (Purdon 1982).”
Brooks-Gall v. Gall (2003) pasuperct “42 Pa.C.S. § 6321(a). In this case, the only subsection potentially applicable is (2.”
— 42 Pa. Cons. Stat. § 6321(a)(3) — 2 cases
In the Interest of A.A.C., Appeal of: A.A.C. (2019) pasuperct “After the filing of a petition, the juvenile court holds an adjudicatory hearing at which evidence on the petition for delinquency is heard.”
In the Interest of: G.G.B., Appeal of: J.B. (2026) pa “Venue in dependency cases is prescribed by 42 Pa.C.S. §6321 and Pa.R.J.C.P. 1300. “The object of all statutory interpretation is to ascertain and effectuate the intent of the General Assembly.”
— 42 Pa. Cons. Stat. § 6321(b) — 3 cases
In the Interest of: G.G.B., Appeal of: J.B. (2026) pa “Venue in dependency cases is prescribed by 42 Pa.C.S. §6321 and Pa.R.J.C.P. 1300. “The object of all statutory interpretation is to ascertain and effectuate the intent of the General Assembly.”
In Re: Order Amending Rule 1300, and Rescinding and Replacing Rule 1302 of Pa Juvenile Court Procedure (2020) pa “Comment See 42 Pa.C.S. § 6321.] 3 [The text of this rule is entirely new.”
In the Interest of: G.G.B., Appeal of: J.B. (2024) pasuperct “1300(A)(1-2); see also 42 Pa.C.S. § 6321(b)(1, 3). Additionally, the Rules and the Act both allow a court to transfer a case to another county upon motion by a party or sua sponte.”
— 42 Pa. Cons. Stat. § 6321(b)(1) — 1 case
In the Interest of: G.G.B., Appeal of: J.B. (2026) pa “Venue in dependency cases is prescribed by 42 Pa.C.S. §6321 and Pa.R.J.C.P. 1300. “The object of all statutory interpretation is to ascertain and effectuate the intent of the General Assembly.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.