Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 6331 (2026)

Release from detention or commencement of proceedings.

✓ current as of May 2026

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SUBCHAPTER C

PROCEDURES AND SAFEGUARDS

Sec.

6331. Release from detention or commencement of proceedings.

6332. Informal hearing.

6333. Subpoena.

6334. Petition.

6335. Release or holding of hearing.

6336. Conduct of hearings.

6336.1. Notice and hearing.

6336.2. Use of restraints on children during court proceedings.

6337. Right to counsel.

6337.1. Right to counsel for children in dependency and delinquency proceedings.

6338. Other basic rights.

6339. Investigation and report.

6340. Consent decree.

6341. Adjudication.

6342. Court-appointed special advocates.

§ 6331. Release from detention or commencement of proceedings.

If a child is brought before the court or delivered to a detention or shelter care facility designated by the court, the intake or other authorized officer of the court shall immediately make an investigation and release the child unless it appears that his detention or shelter care is warranted or required under section 6325 (relating to detention of child). The release of the child shall not prevent the subsequent filing of a petition as provided in this chapter. If he is not so released, a petition shall be promptly made and presented to the court within 24 hours or the next court business day of the admission of the child to detention or shelter care.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

Suspension by Court Rule. Section 6331 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(11), amended December 30, 2005, insofar as it is inconsistent with Rule 242 relating to detention hearing.

Section 6331 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(7), adopted August 21, 2006, insofar as it is inconsistent with Rules 1242 and 1330(A) relating to general conduct of shelter care hearing and petition: filing, contents, function, aggravated circumstances.

Cross References. Section 6331 is referred to in section 6304 of this title.

Notes of Decisions

Cited in 8 cases, 1987–2017 · leading case: Patterson v. Armstrong Cnty. Child. & Youth Servs., 141 F. Supp. 2d 512 (W.D. Pa. 2001).

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Patterson v. Armstrong Cnty. Child. & Youth Servs., 141 F. Supp. 2d 512 (W.D. Pa. 2001). “” 42 Pa.C.S. § 6331. Section 6332, Informal hearing, provides: (a) General rule.”

Burke v. Pope, 531 A.2d 782 (Pa. 1987). “See Juvenile Act, 42 Pa.C.S. §§ 6331 et seq.; Child Protective Services Law, 11 P.”

Muhammad ex rel. J.S. v. Abington Twp. Police Dep't, 37 F. Supp. 3d 746 (E.D. Pa. 2014). “The outcome of the proceeding was important to both J.S. and his mother, and she had already complained that he and B.”

In the Interest of R.M.R., 530 A.2d 1381 (Pa. 1987). “CYS responded that it was not proceeding under the Child Protective Services Act but under the Juvenile Act, 42 Pa.C.S. §§ 6331 et seq., though it was not requesting a determination of dependency or delinquency.”

In re B.R., 596 A.2d 1120 (Pa. Super. Ct. 1991). “42 Pa.C.S. § 6331. If the child remains in custody and is not returned to the parents, a dependency hearing on the petition must be held within 10 days.”

Matter of BR, 596 A.2d 1120 (Pa. Super. Ct. 1991). “42 Pa.C.S. § 6331. If the child remains in custody and is not returned to the parents, a dependency hearing on the petition must be held within 10 days.”

In Re: Order Amending Rules 240, 242, & 1242 of the Pennsylvania Rules of Juv. Court Procedure (Pa. 2017). “See 42 Pa.C.S. § 6331. Under paragraph (D), a petition does not have to be filed within twenty-four hours of the juvenile’s detention; rather, the petition should be filed within twenty-four hours of the conclusion of the detention hearing if the juvenile is detained.”

In the Interest of: C.D.M., Jr., a Minor (Pa. Super. Ct. 2017). “42 Pa.C.S. §6331(f)(1). The present goal of the family service plan is reunification of the Children with a parent.”

— 42 Pa. Cons. Stat. § 6331(f)(1) — 1 case

In the Interest of: C.D.M., Jr., a Minor (Pa. Super. Ct. 2017). “42 Pa.C.S. §6331(f)(1). The present goal of the family service plan is reunification of the Children with a parent.”

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