§ 6339. Investigation and report.
(a) General rule.--If the allegations of a petition are admitted by a party or notice of hearing under
section 6355 (relating to transfer to criminal proceedings) has been given, the court,
prior to the hearing on need for treatment or disposition, may direct that a social
study and report in writing to the court be made by an officer of the court or other
person designated by the court, concerning the child, his family, his environment,
and other matters relevant to disposition of the case. If the allegations of the petition
are not admitted and notice of a hearing under section 6355 has not been given, the
court shall not direct the making of the study and report until after the court has
held a hearing on the petition upon notice of hearing given pursuant to this chapter
and the court has found that the child committed a delinquent act or is a dependent
child.
(b) Physical and mental examinations and treatment.--During the pendency of any proceeding the court may order the child to be examined
at a suitable place by a physician or psychologist and may also order medical or surgical
treatment of a child who is suffering from a serious physical condition or illness
which in the opinion of a licensed physician requires prompt treatment, even if the
parent, guardian, or other custodian has not been given notice of a hearing, is not
available, or without good cause informs the court of his refusal to consent to the
treatment.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended subsec. (a).
Suspension by Court Rule. Section 6339 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(9),
adopted August 21, 2006, insofar as it is inconsistent with Rule 1340(B)(1)(e) relating
to discovery and inspection.
Notes of Decisions
Cited in
12
cases, 1999–2018 · leading case:
In re W.H., 25 A.3d 330 (Pa. Super. Ct. 2011).
In re W.H., 25 A.3d 330 (Pa. Super. Ct. 2011).
· cites it 2× “’s psychiatrist to prescribe medication pursuant to the Juvenile Act, 42 Pa.C.S. § 6339(b). The relevant section of the Juvenile Act provides: During the pendency of any proceeding the court may order the child to be examined at a suitable place by a physi *337 cian or…”
In re J.J., 69 A.3d 724 (Pa. Super. Ct. 2013).
· cites it 2× “*733 Comment: [[Image here]] Pursuant to 42 Pa.C.S. § 6339(b), the court may order the child to be examined at a suitable place by a physician or psychologist and may also order a medical or surgical treatment of a child who is suffering from a serious physical condition or…”
In the Interest of: A.W., JR., a Minor, 187 A.3d 247 (Pa. Super. Ct. 2018).
“]" 42 Pa.C.S. § 6339(b). The juvenile court may enter this order "even if the parent, guardian, or other custodian has not been given notice of a hearing, is not available, or without good cause[,] informs the court of his refusal to consent to the treatment.”
D.C. v. Sch. Dist. of Philadelphia, 879 A.2d 408 (Pa. Commw. Ct. 2005).
· cites it 2× “42 Pa.C.S. § 6339. The report covers "the child, his family, his environment, and other matters relevant to disposition of the case.”
In re T.R., 731 A.2d 1276 (Pa. 1999).
· cites it 2× “42 Pa.C.S. § 6339(a)(emphasis added). There is no section governing or expressly limiting the investigation of a parent.”
In Re Wh, 25 A.3d 330 (Pa. Super. Ct. 2011).
· cites it 2× “The relevant section of the Juvenile Act provides: During the pendency of any proceeding the court may order the child to be examined at a suitable place by a physician *337 or psychologist and may also order medical or surgical treatment of a child who is suffering from a…”
In Re Tr, 731 A.2d 1276 (Pa. 1999).
· cites it 2× “42 Pa.C.S. § 6339(a)(emphasis added). There is no section governing or expressly limiting the investigation of a parent.”
In the Interest of: A.W., JR., a Minor (Pa. Super. Ct. 2018).
“]” 42 Pa.C.S. § 6339(b). The juvenile court may enter this order “even if the parent, guardian, or other custodian has not been given notice of a hearing, is not available, or without good cause[,] informs the court of his refusal to consent to the treatment.”
In the Interest of: A.I., a Minor (Pa. Super. Ct. 2015).
“42 Pa.C.S. § 6339(b) (emphasis added). The Juvenile Act applies “exclusively” to: (1) Proceedings in which a child is alleged to be delinquent or dependent.”
— 42 Pa. Cons. Stat. § 6339(a) — 3 cases
In re T.R., 731 A.2d 1276 (Pa. 1999).
“42 Pa.C.S. § 6339(a)(emphasis added). There is no section governing or expressly limiting the investigation of a parent.”
In Re Tr, 731 A.2d 1276 (Pa. 1999).
“42 Pa.C.S. § 6339(a)(emphasis added). There is no section governing or expressly limiting the investigation of a parent.”
— 42 Pa. Cons. Stat. § 6339(b) — 9 cases
In re W.H., 25 A.3d 330 (Pa. Super. Ct. 2011).
“’s psychiatrist to prescribe medication pursuant to the Juvenile Act, 42 Pa.C.S. § 6339(b). The relevant section of the Juvenile Act provides: During the pendency of any proceeding the court may order the child to be examined at a suitable place by a physi *337 cian or…”
In re J.J., 69 A.3d 724 (Pa. Super. Ct. 2013).
“*733 Comment: [[Image here]] Pursuant to 42 Pa.C.S. § 6339(b), the court may order the child to be examined at a suitable place by a physician or psychologist and may also order a medical or surgical treatment of a child who is suffering from a serious physical condition or…”
In the Interest of: A.W., JR., a Minor, 187 A.3d 247 (Pa. Super. Ct. 2018).
“]" 42 Pa.C.S. § 6339(b). The juvenile court may enter this order "even if the parent, guardian, or other custodian has not been given notice of a hearing, is not available, or without good cause[,] informs the court of his refusal to consent to the treatment.”
In Re Wh, 25 A.3d 330 (Pa. Super. Ct. 2011).
“The relevant section of the Juvenile Act provides: During the pendency of any proceeding the court may order the child to be examined at a suitable place by a physician *337 or psychologist and may also order medical or surgical treatment of a child who is suffering from a…”
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