Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 6340 (2026)

Consent decree.

✓ current as of May 2026

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§ 6340. Consent decree.

(a) General rule.--At any time after the filing of a petition and before the entry of an adjudication order, the court may, on motion of the district attorney or of counsel for the child, suspend the proceedings, and continue the child under supervision in his own home, under terms and conditions negotiated with the probation services and agreed to by all parties affected. The order of the court continuing the child under supervision shall be known as a consent decree.

(b) Objection.--Where the child or the district attorney objects to a consent decree, the court shall proceed to findings, adjudication and disposition.

(c) Duration of decree.--A consent decree shall remain in force for six months unless the child is discharged sooner by probation services with the approval of the court. Upon application of the probation services or other agency supervising the child, made before expiration of the six-month period, a consent decree may be extended by the court for an additional six months.

(c.1) Terms and conditions.--Consistent with the protection of the public interest, the terms and conditions of a consent decree may include payment by the child of reasonable amounts of money as costs, fees or restitution, including a supervision fee and contribution to a restitution fund established by the president judge of the court of common pleas pursuant to section 6352(a)(5) (relating to disposition of delinquent child), and shall, as appropriate to the circumstances of each case, include provisions which provide balanced attention to the protection of the community, accountability for offenses committed and the development of competencies to enable the child to become a responsible and productive member of the community.

(d) Reinstatement of petition.--If prior to discharge by the probation services or expiration of the consent decree, a new petition is filed against the child, or the child otherwise fails to fulfill express terms and conditions of the decree, the petition under which the child was continued under supervision may, in the discretion of the district attorney following consultation with the probation services, be reinstated and the child held accountable as if the consent decree had never been entered.

(e) Effect of decree.--A child who is discharged by the probation services, or who completes a period of supervision without reinstatement of the original petition, shall not again be proceeded against in any court for the same offense alleged in the petition or an offense based upon the same conduct.

(f) Expungement of records.--Upon motion, or sua sponte, including upon receiving notice under section 6304(a.2) (relating to powers and duties of probation officers), the court shall commence expungement proceedings under 18 Pa.C.S. § 9123 (relating to juvenile records) and the Pennsylvania Rules of Juvenile Court Procedure if the court finds:

(1) six months have elapsed since the child's successful discharge from consent decree supervision; and

(2) no proceeding seeking adjudication or conviction is pending.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Nov. 17, 1995, 1st Sp.Sess., P.L.1127, No.33, eff. 120 days; Nov. 30, 2004, P.L.1703, No.217, eff. imd.; Oct. 16, 2024, P.L.1006, No.108, eff. 180 days)

2024 Amendment. Act 108 added subsec. (f).

2004 Amendment. Act 217 amended subsec. (c.1).

1986 Amendment. Act 165 amended subsec. (b).

1978 Amendment. Act 53 amended subsec. (c).

Suspension by Court Rule. Subsection (c) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(15), amended July 18, 2012, insofar as it is inconsistent with the requirement of Rule 373 relating to conditions of consent decree.

Notes of Decisions

Cited in 13 cases (2 in the last 5 years), 1981–2026 · leading case: In Re: D.C.D. Appeal of: Commonwealth, 171 A.3d 727 (Pa. 2017).

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In Re: D.C.D. Appeal of: Commonwealth, 171 A.3d 727 (Pa. 2017). · cites it 6× “3 Rather than formally adjudicating him delinquent at that time, the juvenile court entered a consent decree pursuant to 42 Pa.C.S. § 6340, which allows for the suspension of delinquency proceedings prior to formal adjudication, and placed D.”

Commonwealth v. Hughes, 865 A.2d 761 (Pa. 2004). “See 42 Pa. C.S. § 6340(a), (e); Commonwealth v.”

Muhammad ex rel. J.S. v. Abington Twp. Police Dep't, 37 F. Supp. 3d 746 (E.D. Pa. 2014). · cites it 3× “42 Pa.C.S. § 6340. It is “analogous to the accelerated rehabilitative dis *754 position program available to adults.”

In Re Interest of M.M., 690 A.2d 175 (Pa. 1997). · cites it 2× “§ 6323 (providing for a maximum of nine months' supervision by a probation officer prior to filing a petition to have a juvenile adjudicated delinquent); consent decrees, 42 Pa.C.S. § 6340 (providing for up to one year of supervision by a probation officer after the filing of a…”

State of Iowa v. Iowa Dist. Court for Warren Cnty., 828 N.W.2d 607 (Iowa 2013). “” 42 Pa. Cons.Stat. Ann. § 6340(a) (Supp.2012).”

Commonwealth v. Armstrong, 434 A.2d 1205 (Pa. 1981). “53, § 29, effective June 27, 1978, codified at 42 Pa.C.S. § 6340. 8 . Our decision is in accord with the provisions of the Criminal History Record Information Acts of 1978 and 1979.”

J.F. v. Dep't of Human Servs., 204 A.3d 1042 (Pa. Commw. Ct. 2019). “(3) There has been a consent decree entered in a juvenile proceeding under [Section 6340 of the Juvenile Act, 42 Pa. C.S. § 6340 ], the decree involves the same factual circumstances involved in the allegation of child abuse and the terms and conditions of the consent decree…”

In the Interest of Stephens, 461 A.2d 1223 (Pa. 1983). “See 42 Pa.C.S. § 6340 (consent decrees). Appellant’s father stated that he would sign such a decree, but after an in-chambers conference the court announced: “Counsel [for the juvenile] feels that [appellant] would be waiving certain rights if they settled this matter with a…”

In Interest of Bradford, 705 A.2d 443 (Pa. Super. Ct. 1997). “It does provide for a consent decree, 42 Pa.C.S. § 6340, in which all parties (child, district attorney, probation officer and court) must agree which continues the child under supervision without hearing on the petition.”

In the Int. of: D.D. Appeal of: Commonwealth of PA, 124 A.3d 736 (Pa. Super. Ct. 2015). “See 42 Pa.C.S. § 6340(d). On January 28, 2014, D.”

In the Int. of: X.R. Appeal of: X.R., 2025 Pa. Super. 294 (Pa. Super. Ct. 2025). “at 18 (citing 42 Pa.C.S. § 6340). Appellant cites to Commonwealth v.”

In the Int. of: T.T.-S., Appeal of: T.T.-S., 2026 Pa. Super. 136 (Pa. Super. Ct. 2026). “42 Pa.C.S. § 6340(a). In other words, a child may be placed on probation pursuant to a consent decree for a maximum of one year, during which time the delinquency proceedings are suspended and the juvenile attempts to demonstrate that discharge is proper.”

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— 42 Pa. Cons. Stat. § 6340(a) — 4 cases

Commonwealth v. Hughes, 865 A.2d 761 (Pa. 2004). “See 42 Pa. C.S. § 6340(a), (e); Commonwealth v.”

In Re: D.C.D. Appeal of: Commonwealth, 171 A.3d 727 (Pa. 2017). “3 Rather than formally adjudicating him delinquent at that time, the juvenile court entered a consent decree pursuant to 42 Pa.C.S. § 6340, which allows for the suspension of delinquency proceedings prior to formal adjudication, and placed D.”

State of Iowa v. Iowa Dist. Court for Warren Cnty., 828 N.W.2d 607 (Iowa 2013). “” 42 Pa. Cons.Stat. Ann. § 6340(a) (Supp.2012).”

— 42 Pa. Cons. Stat. § 6340(d) — 3 cases

In the Int. of: D.D. Appeal of: Commonwealth of PA, 124 A.3d 736 (Pa. Super. Ct. 2015). “See 42 Pa.C.S. § 6340(d). On January 28, 2014, D.”

In the Int. of: D.D. Appeal of: Commonwealth of PA (Pa. Super. Ct. 2015).

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