§ 6336. Conduct of hearings.
(a) General rule.--Hearings under this chapter shall be conducted by the court without a jury, in an
informal but orderly manner, and separate from other proceedings not included in section
6303 (relating to scope of chapter).
(b) Functions of district attorney.--The district attorney, upon request of the court, shall present the evidence in support
of the petition and otherwise conduct the proceedings on behalf of the Commonwealth.
(c) Record.--If requested by the party or ordered by the court the proceedings shall be recorded
by appropriate means. If not so recorded, full minutes of the proceedings shall be
kept by the court.
(d) Proceeding in camera.--Except in hearings to declare a person in contempt of court and in hearings as specified
in subsection (e), the general public shall be excluded from hearings under this chapter.
Only the parties, their counsel, witnesses, the victim and counsel for the victim,
other persons accompanying a party or a victim for his or her assistance, and any
other person as the court finds have a proper interest in the proceeding or in the
work of the court shall be admitted by the court. The court may temporarily exclude
the child from the hearing except while allegations of his delinquency are being heard.
(e) Open proceedings.--The general public shall not be excluded from any hearings under this chapter:
(1) Pursuant to a petition alleging delinquency where the child was 14 years of age or
older at the time of the alleged conduct and the alleged conduct would be considered
a felony if committed by an adult.
(2) Pursuant to a petition alleging delinquency where the child was 12 years of age or
older at the time of the alleged conduct and where the alleged conduct would have
constituted one or more of the following offenses if committed by an adult:
(i) Murder.
(ii) Voluntary manslaughter.
(iii) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated
assault).
(iv) Arson as defined in 18 Pa.C.S. § 3301(a)(1) (relating to arson and related offenses).
(v) Involuntary deviate sexual intercourse.
(vi) Kidnapping.
(vii) Rape.
(viii) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
(ix) Robbery of motor vehicle.
(x) Attempt or conspiracy to commit any of the offenses in this paragraph.
Notwithstanding anything in this subsection, the proceedings shall be closed upon
and to the extent of any agreement between the child and the attorney for the Commonwealth.
(f) Discretion of court.--The court at any disposition proceeding under subsection (e) shall have discretion
to maintain the confidentiality of mental health, medical or juvenile institutional
documents or juvenile probation reports.
(g) Summary offenses.--The provisions of subsection (d), insofar as subsection (d) relates to the exclusion
of the general public from the proceedings, shall apply to proceedings involving a
child charged with a summary offense when the proceedings are before a judge of the
minor judiciary, the Philadelphia Municipal Court or a court of common pleas.
(h) Adjudication alternative.--The magisterial district judge may refer a child charged with a summary offense to
an adjudication alternative program under section 1520 (relating to adjudication alternative
program) and the Pennsylvania Rules of Criminal Procedure.
(Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Apr. 6, 1995, 1st Sp.Sess., P.L.997,
No.11, eff. 60 days; Oct. 25, 2012, P.L.1655, No.204, eff. 90 days; Sept. 27, 2014,
P.L.2482, No.138, eff. 60 days)
2014 Amendment. Act 138 amended subsec. (g).
2012 Amendment. Act 204 added subsecs. (g) and (h).
Suspension by Court Rule. Subsection (c) was suspended by Pennsylvania Rule of Juvenile Court Procedure No.
800(3), amended December 30, 2005, insofar as it is inconsistent with Rule 127(A)
relating to recording and transcribing juvenile court proceedings.
Subsection (c) was suspended by Pennsylvania Rule of Juvenile Court Procedure No.
1800(2), adopted August 21, 2006, insofar as it is inconsistent with Rules 1127(A)
and 1242(B)(2) relating to recording and transcribing juvenile court proceedings and
general conduct of shelter care hearing.
Subsection (b) was suspended by Pennsylvania Rule of Juvenile Court Procedure No.
800(12), amended July 18, 2012, insofar as it is inconsistent with Rules 242(B)(1)(b),
406(A)(2)(b) and 512(A), relating to detention hearing, adjudicatory hearing and dispositional
hearing.
Cross References. Section 6336 is referred to in sections 6303, 6307, 6308 of this title.
Notes of Decisions
Cited in
21
cases (
1 in the last 5 years), 1982–2023 · leading case:
Mishoe v. Erie Ins., 824 A.2d 1153 (Pa. 2003).
Mishoe v. Erie Ins., 824 A.2d 1153 (Pa. 2003).
· cites it 2× “, 42 Pa.C.S. § 6336 *1166 ("Hearings under this chapter [of the Juvenile Act] shall be conducted by the court without a jury .”
Interest of L.T. & D.T., minors, Appeal of: A.Z., 158 A.3d 1266 (Pa. Super. Ct. 2017).
“Pursuant to 42 Pa.C.S. § 6336(d), except for a declaration of contempt of court or one of the enumerated circumstances that are implicated in delinquency proceedings, “the general public shall be excluded from hearings under this chapter.”
In the Interest of A.P., 617 A.2d 764 (Pa. Super. Ct. 1992).
· cites it 2× “, concurring in part, dissenting in part); see also 42 Pa.C.S. §§ 6336(a)-(d), 6337, 6352-54.”
In the Interest of J.M., 652 A.2d 877 (Pa. Super. Ct. 1995).
· cites it 2× “" 42 Pa.C.S. § 6336(d). Thus, a large discretion was vested in the trial court, Commonwealth v.”
Commonwealth v. Sadler, 447 A.2d 625 (Pa. 1982).
· cites it 2× “, Juvenile Act, 42 Pa.C.S. §§ 6336(a) (juvenile hearing conducted in informal manner by court without jury); 6336(c) (juvenile proceedings recorded only if requested by party or ordered by court); 6336(d) (general public excluded from juvenile hearings); 6352 (disposition of…”
Commonwealth v. McKee, 452 A.2d 878 (Pa. Super. Ct. 1982).
· cites it 2× “Although the Act does guarantee, inter alia, the right to counsel (42 Pa.”
In Re Quick, 559 A.2d 42 (Pa. 1989).
“, and juvenile proceedings are to be conducted separately from other proceedings, citing 42 Pa. C.S. § 6336(a). In this assertion appellant is not correct.”
Sunnyside Up Corp. v. City of Lancaster Zoning Hearing Bd., 739 A.2d 644 (Pa. Commw. Ct. 1999).
“See 42 Pa.C.S. §§ 6336, 6340, 6341. 13 . While the term "government" facility is not defined in the Ordinance, the dictionary definition of the term indicates that it means "the office, authority or function of governing.”
Commonwealth v. Martell, 452 A.2d 873 (Pa. Super. Ct. 1982).
· cites it 2× “Although the Act does guarantee, inter alia, the right to counsel (42 Pa.”
Matter of Jackson, 448 A.2d 1087 (Pa. 1982).
“” 42 Pa.C.S. § 6336. Habeas corpus proceedings do not fall within the scope of Chapter 63; they are conducted pursuant to Chapter 65 of the Judicial Code.”
Commonwealth v. Milice, 584 A.2d 997 (Pa. Super. Ct. 1991).
· cites it 2× “The victim, counsel for the victim and persons accompanying a party or a victim for his or her assistance as well as persons having a proper interest in the proceeding or in the work of the court are properly admitted by the juvenile court.”
In the Interest of Borden, 546 A.2d 123 (Pa. 1988).
· cites it 2× “NOTES [1] This is consistent with 42 Pa.C.S. § 6336(d) which provides in part: "The court may temporarily exclude the child [accused juvenile] from the hearing except while allegations of his delinquency are being heard.”
— 42 Pa. Cons. Stat. § 6336(a) — 4 cases
In the Interest of A.P., 617 A.2d 764 (Pa. Super. Ct. 1992).
“, concurring in part, dissenting in part); see also 42 Pa.C.S. §§ 6336(a)-(d), 6337, 6352-54.”
Commonwealth v. Sadler, 447 A.2d 625 (Pa. 1982).
“, Juvenile Act, 42 Pa.C.S. §§ 6336(a) (juvenile hearing conducted in informal manner by court without jury); 6336(c) (juvenile proceedings recorded only if requested by party or ordered by court); 6336(d) (general public excluded from juvenile hearings); 6352 (disposition of…”
In Re Quick, 559 A.2d 42 (Pa. 1989).
“, and juvenile proceedings are to be conducted separately from other proceedings, citing 42 Pa. C.S. § 6336(a). In this assertion appellant is not correct.”
— 42 Pa. Cons. Stat. § 6336(c) — 3 cases
In Re: Order Amending Rules 120, 127, 140, 160, 166, 182, 185, 187, 190, 191, 192, 243, 512, 800, 1120, 1127, 1154, 1166, 1182, 1185, 1187, 1190, 1191, 1243, 1342, 1512, 1608, 1610, 1635, & 1800 of the Pennsylvania Rules of Juv. Court Procedure (Pa. 2017).
— 42 Pa. Cons. Stat. § 6336(d) — 5 cases
Interest of L.T. & D.T., minors, Appeal of: A.Z., 158 A.3d 1266 (Pa. Super. Ct. 2017).
“Pursuant to 42 Pa.C.S. § 6336(d), except for a declaration of contempt of court or one of the enumerated circumstances that are implicated in delinquency proceedings, “the general public shall be excluded from hearings under this chapter.”
In the Interest of J.M., 652 A.2d 877 (Pa. Super. Ct. 1995).
“" 42 Pa.C.S. § 6336(d). Thus, a large discretion was vested in the trial court, Commonwealth v.”
Commonwealth v. Milice, 584 A.2d 997 (Pa. Super. Ct. 1991).
“The victim, counsel for the victim and persons accompanying a party or a victim for his or her assistance as well as persons having a proper interest in the proceeding or in the work of the court are properly admitted by the juvenile court.”
In the Interest of Borden, 546 A.2d 123 (Pa. 1988).
“NOTES [1] This is consistent with 42 Pa.C.S. § 6336(d) which provides in part: "The court may temporarily exclude the child [accused juvenile] from the hearing except while allegations of his delinquency are being heard.”
— 42 Pa. Cons. Stat. § 6336(e) — 1 case
— 42 Pa. Cons. Stat. § 6336(e)(1) — 1 case
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