§ 6332. Informal hearing.
(a) General rule.--An informal hearing shall be held promptly by the court or master and not later than
72 hours after the child is placed in detention or shelter care to determine whether
his detention or shelter care is required under section 6325 (relating to detention
of child), whether to allow the child to remain in the home would be contrary to the
welfare of the child and, if the child is alleged to be delinquent, whether probable
cause exists that the child has committed a delinquent act. Reasonable notice thereof,
either oral or written, stating the time, place, and purpose of the hearing shall
be given to the child and if they can be found, to his parents, guardian, or other
custodian. Prior to the commencement of the hearing the court or master shall inform
the parties of their right to counsel and to appointed counsel if they are needy persons,
and of the right of the child to remain silent with respect to any allegations of
delinquency. If the child is alleged to be a dependent child, the court or master
shall also determine whether reasonable efforts were made to prevent such placement
or, in the case of an emergency placement where services were not offered and could
not have prevented the necessity of placement, whether this level of effort was reasonable
due to the emergency nature of the situation, safety considerations and circumstances
of the family.
(b) Rehearing.--If the child is not so released and a parent, guardian or other custodian has not
been notified of the hearing, did not appear or waive appearance at the hearing, and
files his affidavit showing these facts, the court or master shall rehear the matter
without unnecessary delay and order release of the child, unless it appears from the
hearing that his detention or shelter care is required under section 6325.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 15, 1986, P.L.1598, No.177, eff.
60 days; Dec. 9, 2002, P.L.1705, No.215, eff. 60 days)
Cross References. Section 6332 is referred to in sections 6337.1, 6351 of this title; section 6315 of
Title 23 (Domestic Relations).
Notes of Decisions
B.S. Ex Rel. T.S. v. Somerset Cnty., 704 F.3d 250 (3rd Cir. 2013).
· cites it 5× “The Child Protective Services Law states that “[i]n no case shall protective custody under this chapter be maintained longer than 72 hours without an informal hearing under 42 Pa.C.S. § 6332.” 23 Pa.C.S. § 6315. The hearing is held to determine: whether [the child’s] detention…”
Bayer v. Monroe Cnty. Child. & Youth Servs., 577 F.3d 186 (3rd Cir. 2009).
· cites it 2× “2009) ("In no case shall protective custody under this chapter be maintained longer than 72 hours without an informal hearing under 42 Pa.C.S. § 6332.... ”). Furthermore, 23 Pa.”
Patterson v. Armstrong Cnty. Child. & Youth Servs., 141 F. Supp. 2d 512 (W.D. Pa. 2001).
· cites it 2× “42 Pa.C.S. § 6332. Once a petition has been filed alleging the child to be delinquent or dependent, the “court shall fix the time” for a formal hearing no later than ten days from the filing of the petition; if the hearing is not held, the child is to be released from detention…”
Brown v. Daniels, 290 F. App'x 467 (3rd Cir. 2008).
“§ 6315(d); see also 42 Pa. Cons.Stat. Ann. § 6332(a), and defines the “place of detention” as “an appropriate medical facility, foster home or other appropriate facility approved by the department for this purpose.”
In re N.B., 817 A.2d 530 (Pa. Super. Ct. 2003).
“[At the March 23rd hearing, the lower court] ordered a temporary commitment of the child to DHS [pursuant to the Juvenile Act, 42 Pa.C.S. § 6332], At that time the child remained hospitalized at St.”
In the Interest of: M.Y.C., Appeal of: Y.L.C., 230 A.3d 500 (Pa. Super. Ct. 2020).
“42 Pa.C.S. § 6332(a). If a child is placed in protective custody pending a dependency adjudication, the trial court must schedule the dependency hearing within 10 days of the filing of the petition.”
Jordan ex rel. Jordan v. Jackson, 15 F.3d 333 (4th Cir. 1994).
“1994) (immediate report; hearing within 2 judicial days); 42 Pa.Cons.Stat.Ann. § 6332 (1982 & Supp.”
In the Interest of A.E., 722 A.2d 213 (Pa. Super. Ct. 1998).
“Saxton held an informal hearing pursuant to 42 Pa.C.S. § 6332(a). Both Mother and Father testified at that hearing.”
In the Interest of: M.Y.C., Appeal of: Y.L.C., 2020 Pa. Super. 61 (Pa. Super. Ct. 2020).
“42 Pa.C.S. § 6332(a). If a child is placed in protective custody pending a dependency adjudication, the trial court must schedule the dependency hearing within 10 days of the filing of the petition.”
Kehrer v. Nationwide Ins., 25 Pa. D. & C.4th 1 (1995).
“Accordingly, when we read the term “court” in a section of the Juvenile Act that deals, for example, with informal hearings, 42 Pa.C.S. §6332, or in the section of the Domestic Relations Code that addresses child custody awards, 23 Pa.”
— 42 Pa. Cons. Stat. § 6332(a) — 13 cases
Bayer v. Monroe Cnty. Child. & Youth Servs., 577 F.3d 186 (3rd Cir. 2009).
“2009) ("In no case shall protective custody under this chapter be maintained longer than 72 hours without an informal hearing under 42 Pa.C.S. § 6332.... ”). Furthermore, 23 Pa.”
B.S. Ex Rel. T.S. v. Somerset Cnty., 704 F.3d 250 (3rd Cir. 2013).
“The Child Protective Services Law states that “[i]n no case shall protective custody under this chapter be maintained longer than 72 hours without an informal hearing under 42 Pa.C.S. § 6332.” 23 Pa.C.S. § 6315. The hearing is held to determine: whether [the child’s] detention…”
Patterson v. Armstrong Cnty. Child. & Youth Servs., 141 F. Supp. 2d 512 (W.D. Pa. 2001).
“42 Pa.C.S. § 6332. Once a petition has been filed alleging the child to be delinquent or dependent, the “court shall fix the time” for a formal hearing no later than ten days from the filing of the petition; if the hearing is not held, the child is to be released from detention…”
Brown v. Daniels, 290 F. App'x 467 (3rd Cir. 2008).
“§ 6315(d); see also 42 Pa. Cons.Stat. Ann. § 6332(a), and defines the “place of detention” as “an appropriate medical facility, foster home or other appropriate facility approved by the department for this purpose.”
In the Interest of: M.Y.C., Appeal of: Y.L.C., 230 A.3d 500 (Pa. Super. Ct. 2020).
“42 Pa.C.S. § 6332(a). If a child is placed in protective custody pending a dependency adjudication, the trial court must schedule the dependency hearing within 10 days of the filing of the petition.”
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