42 Pa. Cons. Stat. § 6327

Place of detention.

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§ 6327. Place of detention.

(a) General rule.--A child alleged to be delinquent may be detained only in:

(1) A licensed foster home or a home approved by the court.

(2) A facility operated by a licensed child welfare agency or one approved by the court.

(3) A detention home, camp, center or other facility for delinquent children which is under the direction or supervision of the court or other public authority or private agency, and is approved by the Department of Public Welfare.

(4) Any other suitable place or facility, designated or operated by the court and approved by the Department of Public Welfare.

Under no circumstances shall a child be detained in any facility with adults, or where the child is apt to be abused by other children.

(b) Report by correctional officer of receipt of child.--The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court immediately if a person who is or appears to be under the age of 18 years is received at the facility and shall bring him before the court upon request or deliver him to a detention or shelter care facility designated by the court.

(c) Detention in jail prohibited.--It is unlawful for any person in charge of or employed by a jail knowingly to receive for detention or to detain in the jail any person whom he has or should have reason to believe is a child unless, in a criminal proceeding, the child has been charged with or has been found guilty of an act set forth in paragraph (2)(i), (ii), (iii) or (v) of the definition of "delinquent act" in section 6302 (relating to definitions).

(c.1) Detention of child.--

(1) A child who is subject to criminal proceedings having been charged with an act set forth under paragraph (2)(i), (ii) or (iii) of the definition of "delinquent act" in section 6302, who has not been released on bail and who may seek or is seeking transfer to juvenile proceedings under section 6322 (relating to transfer from criminal proceedings) may be detained in a secure detention facility approved by the Department of Public Welfare for the detention of alleged and adjudicated delinquent children if the attorney for the Commonwealth has consented to and the court has ordered the detention.

(2) Secure detention ordered under this subsection shall not affect a child's eligibility for or ability to post bail.

(3) For a child held in secure detention under this subsection, the court shall order the immediate transfer of the child to the county jail if any of the following apply:

(i) The court determines that the child is no longer seeking transfer under section 6322.

(ii) The court denies the motion filed under section 6322.

(iii) The child attains 18 years of age. This subparagraph does not apply if:

(A) the court has granted the motion filed under section 6322; or

(B) the child is otherwise under order of commitment to the secure detention facility pursuant to the jurisdiction of the court in a delinquency matter.

(d) Transfer of child subject to criminal proceedings.--If a case is transferred for criminal prosecution the child may be transferred to the appropriate officer or detention facility in accordance with the law governing the detention of persons charged with crime. The court in making the transfer may order continued detention as a juvenile pending trial if the child is unable to provide bail.

(e) Detention of dependent child.--A child alleged to be dependent may be detained or placed only in a Department of Public Welfare approved shelter care facility as stated in subsection (a)(1), (2) and (4), and shall not be detained in a jail or other facility intended or used for the detention of adults charged with criminal offenses, but may be detained in the same shelter care facilities with alleged or adjudicated delinquent children.

(f) Development of approved shelter care programs.--The Department of Public Welfare shall develop or assist in the development in each county of this Commonwealth approved programs for the provision of shelter care for children needing these services who have been taken into custody under section 6324 (relating to taking into custody) and for children referred to or under the jurisdiction of the court.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 14, 1991, P.L.68, No.9, eff. 60 days; Mar. 29, 1996, P.L.51, No.17, eff. imd.; Dec. 20, 2000, P.L.946, No.129, eff. 60 days; Oct. 27, 2010, P.L.949, No.96, eff. imd.)

2010 Amendment. Act 96 added subsec. (c.1). Section 4(2) of Act 96 provided that subsec. (c.1) shall apply to a criminal proceeding commenced on or after the effective date of section 4(2).

2000 Amendment. Act 129 amended subsec. (e).

1996 Amendment. Act 17 amended subsec. (c).

1991 Amendment. Act 9 amended subsec. (f).

1978 Amendment. Act 53 amended subsec. (a), relettered subsec. (c) to (d), amended and relettered subsec. (d) to (e) and added subsecs. (c) and (f). See sections 23, 25, 27 and 28 of Act 53 of 1978 in the appendix to this title for special provisions relating to confinement of children with adults, confinement of children in jails, required county detention services and regional detention facilities.

References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

Notes of Decisions

Cited in 6 cases, 1980–2018 · leading case: In Interest of Tasseing H.

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In Interest of Tasseing H. (1980) pasuperct · cites it 6× “42 Pa.C.S. § 6327. It is clear, therefore, that for appellants to be held pending their hearing in a secure facility like Shuman Center and ultimately to be found delinquent, the contempt for which they were cited must be found to be "a crime under the law of this Commonwealth.”

Commonwealth v. Nobles (2018) pasuperct · cites it 3× “"42 Pa.C.S. § 6327 cmt. However, the comment also states "[t]he limitations imposed upon the place of detention reflect that this is custodial detention prior to adjudication of delinquency .”

Sunnyside Up Corp. v. City of Lancaster Zoning Hearing Board (1999) pacommwct “12 See 42 Pa.C.S. § 6327. Final *650 ly, the facilities used to detain juveniles are part of an entirely separate system from that of criminal detention facilities, falling under the administration of the Juvenile Court, see 42 Pa.”

Commonwealth v. Martell (1982) pasuperct · cites it 2× “42 Pa.C.S. § 6327(a). A dependent child may be housed in one of three of the same placements as a delinquent child, but may not be sent to a detention center.”

Matter of Welsh (1984) pa · cites it 2× “” 42 Pa.C.S. § 6327 provides that a delinquent may be detained in only one of four types of facilities, one of which is “a licensed foster home or a home approved by the court.”

Coalition to Save our Kids v. Department of Public Welfare for the Commonwealth (2000) pacommwct “We acknowledge that Section 6327(e) of the Act, 42 Pa.C.S. § 6327(e), provides: [A] child alleged to be dependent may be detained or placed only in a Department of Public Welfare approved shelter care facility as stated in subsection (a)(1), (2) and (4), and shall not be…”

— 42 Pa. Cons. Stat. § 6327(a) — 3 cases

Commonwealth v. Nobles (2018) pasuperct “"42 Pa.C.S. § 6327 cmt. However, the comment also states "[t]he limitations imposed upon the place of detention reflect that this is custodial detention prior to adjudication of delinquency .”

Commonwealth v. Martell (1982) pasuperct “42 Pa.C.S. § 6327(a). A dependent child may be housed in one of three of the same placements as a delinquent child, but may not be sent to a detention center.”

Matter of Welsh (1984) pa “” 42 Pa.C.S. § 6327 provides that a delinquent may be detained in only one of four types of facilities, one of which is “a licensed foster home or a home approved by the court.”

— 42 Pa. Cons. Stat. § 6327(e) — 2 cases

In Interest of Tasseing H. (1980) pasuperct “42 Pa.C.S. § 6327. It is clear, therefore, that for appellants to be held pending their hearing in a secure facility like Shuman Center and ultimately to be found delinquent, the contempt for which they were cited must be found to be "a crime under the law of this Commonwealth.”

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