Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 6341 (2026)

 Adjudication.

✓ current as of May 2026
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§ 6341.  Adjudication.

(a)  General rule.--After hearing the evidence on the petition the court shall make and file its findings as to whether the child is a dependent child. If the petition alleges that the child is delinquent, within seven days of hearing the evidence on the petition, the court shall make and file its findings whether the acts ascribed to the child were committed by him. This time limitation may only be extended pursuant to the agreement of the child and the attorney for the Commonwealth. The court's failure to comply with the time limitations stated in this section shall not be grounds for discharging the child or dismissing the proceeding. If the court finds that the child is not a dependent child or that the allegations of delinquency have not been established it shall dismiss the petition and order the child discharged from any detention or other restriction theretofore ordered in the proceeding. For cases involving allegations of delinquency where fingerprints or photographs or both have been taken by a law enforcement agency and where it is determined that acts ascribed to the child were not committed by him, the court shall direct that those records be immediately destroyed by law enforcement agencies and shall commence expungement proceedings in accordance with 18 Pa.C.S. § 9123 (relating to juvenile records) and the Pennsylvania Rules of Juvenile Court Procedure.

(b)  Finding of delinquency.--If the court finds on proof beyond a reasonable doubt that the child committed the acts by reason of which he is alleged to be delinquent it shall enter such finding on the record and shall specify the particular offenses, including the grading and counts thereof which the child is found to have committed. The court shall then proceed immediately or at a postponed hearing, which shall occur not later than 20 days after such finding if the child is in detention or not more than 60 days after such finding if the child is not in detention, to hear evidence as to whether the child is in need of treatment, supervision or rehabilitation, as established by a preponderance of the evidence, and to make and file its findings thereon. This time limitation may only be extended pursuant to the agreement of the child and the attorney for the Commonwealth. The court's failure to comply with the time limitations stated in this section shall not be grounds for discharging the child or dismissing the proceeding. In the absence of evidence to the contrary, evidence of the commission of acts which constitute a felony shall be sufficient to sustain a finding that the child is in need of treatment, supervision or rehabilitation. If the court finds that the child is not in need of treatment, supervision or rehabilitation it shall dismiss the proceeding, discharge the child from any detention or other restriction theretofore ordered and commence expungement proceedings in accordance with 18 Pa.C.S. § 9123 and the Pennsylvania Rules of Juvenile Court Procedure.

(b.1)  School notification.--

(1)  Upon finding a child to be a delinquent child, the court shall, through the juvenile probation department, provide the following information to the building principal or his or her designee of any public, private or parochial school in which the child is enrolled:

(i)  Name and address of the child.

(ii)  The delinquent act or acts which the child was found to have committed.

(iii)  A brief description of the delinquent act or acts.

(iv)  The disposition of the case.

(2)  If the child is adjudicated delinquent for an act or acts which if committed by an adult would be classified as a felony, the court, through the juvenile probation department, shall additionally provide to the building principal or his or her designee relevant information contained in the juvenile probation or treatment reports pertaining to the adjudication, prior delinquent history and the supervision plan of the delinquent child.

(3)  Notwithstanding any provision set forth herein, the court or juvenile probation department shall have the authority to share any additional information regarding the delinquent child under its jurisdiction with the building principal or his or her designee as deemed necessary to protect public safety or to enable appropriate treatment, supervision or rehabilitation of the delinquent child.

(4)  Information provided under this subsection is for the limited purposes of protecting school personnel and students from danger from the delinquent child and of arranging appropriate counseling and education for the delinquent child. The building principal or his or her designee shall inform the child's teacher of all information received under this subsection. Information obtained under this subsection may not be used for admissions or disciplinary decisions concerning the delinquent child unless the act or acts surrounding the adjudication took place on or within 1,500 feet of the school property.

(5)  Any information provided to and maintained by the building principal or his or her designee under this subsection shall be transferred to the building principal or his or her designee of any public, private or parochial school to which the child transfers enrollment.

(6)  Any information provided to the building principal or his or her designee under this subsection shall be maintained separately from the child's official school record. Such information shall be secured and disseminated by the building principal or his or her designee only as appropriate in paragraphs (4) and (5).

(b.2)  Evidence on the finding of delinquency.--

(1)  No statements, admissions or confessions made by or incriminating information obtained from a child in the course of a screening or assessment that is undertaken in conjunction with any proceedings under this chapter, including, but not limited to, that which is court ordered, shall be admitted into evidence against the child on the issue of whether the child committed a delinquent act under this chapter or on the issue of guilt in any criminal proceeding.

(2)  The provisions of paragraph (1) are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency and criminal proceedings of information obtained during screening, assessment or treatment.

(c)  Finding of dependency.--If the court finds from clear and convincing evidence that the child is dependent, the court shall proceed immediately or at a postponed hearing, which shall occur not later than 20 days after adjudication if the child has been removed from his home, to make a proper disposition of the case.

(c.1)  Aggravated circumstances.--If the county agency or the child's attorney alleges the existence of aggravated circumstances and the court determines that the child is dependent, the court shall also determine if aggravated circumstances exist. If the court finds from clear and convincing evidence that aggravated circumstances exist, the court shall determine whether or not reasonable efforts to prevent or eliminate the need for removing the child from the home or to preserve and reunify the family shall be made or continue to be made and schedule a hearing as required in section 6351(e)(3) (relating to disposition of dependent child).

(d)  Evidence on issue of disposition.--

(1)  (i)  In disposition hearings under subsections (b) and (c) all evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and relied upon to the extent of its probative value even though not otherwise competent in the hearing on the petition.

(ii)  Subparagraph (i) includes any screening and assessment examinations ordered by the court to aid in disposition, even though no statements or admissions made during the course thereof may be admitted into evidence against the child on the issue of whether the child committed a delinquent act.

(2)  The parties or their counsel shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making the reports. Sources of information given in confidence need not be disclosed.

(e)  Continued hearings.--On its motion or that of a party the court may continue the hearings under this section for a reasonable period, within the time limitations imposed by this section, to receive reports and other evidence bearing on the disposition or the need for treatment, supervision or rehabilitation. In this event the court shall make an appropriate order for detention of the child or his release from detention subject to supervision of the court during the period of the continuance. In scheduling investigations and hearings the court shall give priority to proceedings in which a child is in detention or has otherwise been removed from his home before an order of disposition has been made.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Mar. 15, 1995, 1st Sp.Sess., P.L.972, No.6, eff. 60 days; Nov. 17, 1995, 1st Sp.Sess., P.L.1115, No.30, eff. 60 days; Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999; May 10, 2000, P.L.74, No.18, eff. 60 days; Dec. 9, 2002, P.L.1705, No.215, eff. 60 days; Oct. 9, 2008, P.L.1396, No.109, eff. 60 days; June 28, 2018, P.L.361, No.49, eff. 60 days; Oct. 16, 2024, P.L.1006, No.108, eff. 180 days)

 

2024 Amendment.  Act 108 amended subsecs. (a) and (b).

2008 Amendment.  Act 109 amended subsec. (d) and added subsec. (b.2).

2000 Amendment.  Act 18 amended subsecs. (a), (b) and (e). Section 5(1) of Act 18 provided that Act 18 shall apply to proceedings initiated on or after the effective date of Act 18.

1998 Amendment.  Act 126 added subsec. (c.1).

1995 Amendments.  Act 6, 1st Sp.Sess., amended subsec. (a) and Act 30, 1st Sp.Sess., added subsec. (b.1).

1978 Amendment.  Act 53 amended subsecs. (a), (b) and (c).

Cross References.  Section 6341 is referred to in sections 6308, 6337.1, 9799.19, 9799.23 of this title; section 6105 of Title 18 (Crimes and Offenses); sections 2512, 6303 of Title 23 (Domestic Relations).

Notes of Decisions
Cited in 231 cases (51 in the last 5 years), 1979–2026 · leading case: In the Interest of: J.M., a Minor, 166 A.3d 408 (Pa. Super. Ct. 2017).
In the Interest of: J.M., a Minor, 166 A.3d 408 (Pa. Super. Ct. 2017). · cites it 5× “” 42 Pa. C.S. § 6341(c.l)(emphasis added). There is not provision for a ruling of aggravated circumstances unless and until the court has determined that the child is dependent.”
In the Int. of: C.B., Appeal of: C.B., 241 A.3d 677 (Pa. Super. Ct. 2020). · cites it 9× “See 42 Pa.C.S. § 6341(a). The court then held the required hearing to determine if C.”
In the Matter of: L.Z., Appeal of: L.Z., 111 A.3d 1164 (Pa. 2015). · cites it 4× “While a petitioning party must demonstrate the existence of child abuse by the clear and convincing evidence standard applicable to most dependency determinations, 42 Pa.C.S. § 6341(c) (recognizing clear and convincing evidence as the necessary standard for concluding that a…”
In the Interest of: N.C., a minor, Appeal of N.C., 171 A.3d 275 (Pa. Super. Ct. 2017). · cites it 4× “at 965 (citing 42 Pa.C.S. § 6341(b)). If the juvenile court makes such a finding, next, either immediately or at a hearing held within 20 days, the court must “hear evidence as to whether the child is in need of treatment, supervision!/] or rehabilitation.”
Commonwealth v. Interest of M.W., 39 A.3d 958 (Pa. 2012). · cites it 4× “408(A); 42 Pa.C.S. § 6341(a). This finding must specify “which, if any, offenses, including grading and counts, alleged in the petition were committed by the juvenile.”
In re M.L., 757 A.2d 849 (Pa. 2000). · cites it 5× “t proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental or emotional health, or morals; 2 (2) has been placed for care or adoption in violation of law; (3) has been abandoned by his parents,…”
In Re: D.C.D. Appeal of: Commonwealth, 171 A.3d 727 (Pa. 2017). · cites it 6× “was adjudicated delinquent as he admitted to the acts charged and because the court determined that he was in need of treatment and supervision pursuant to 42 Pa.C.S. § 6341. Specifically referencing the BARJ factors, the court concluded that continued residential treatment at…”
United States v. Langford, 516 F.3d 205 (3rd Cir. 2008). · cites it 2× “Even if we understood the juvenile court to have continued the disposition hearings under 42 Pa.C.S. § 6341(e) (which we do not), we would not count a continuance as a "sentence" under the Guidelines as this is, in essence, a juvenile diversion.”
In the Interest of: N.M., A Minor, 186 A.3d 998 (Pa. Super. Ct. 2018). · cites it 2× “The CPSL, defines, in part, a "founded report," where there has been a judicial adjudication that includes a "finding of dependency under 42 Pa.C.S. § 6341 (relating to adjudication) if the court has entered a finding that a child who is the subject of the report has been abused.”
In the Interest R.T., 592 A.2d 55 (Pa. Super. Ct. 1991). · cites it 4× “" 42 Pa.C.S. § 6341(a). However, upon a clear and convincing finding of dependency the court must order a disposition of the child within the provisions of 42 Pa.”
In the Interest of R.P., 957 A.2d 1205 (Pa. Super. Ct. 2008). · cites it 2× “” 42 Pa.C.S. § 6341(c.l). ¶ 46 Mother argues that since there was some evidence to demonstrate that she was an attentive mother, such as photographs of her playing with the children and testimony regarding her provision of speech therapy, the trial court should have concluded…”
Commonwealth v. Davis, 586 A.2d 914 (Pa. 1991). · cites it 8× “" 42 Pa.C.S. § 6341(b). In this disposition hearing, "[A]ll evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and relied upon to the extent of its probative value even though not otherwise competent in the…”
— 42 Pa. Cons. Stat. § 6341(2) — 1 case
In the Int. of: N.R., Appeal of: B.W. (Pa. Super. Ct. 2019).
— 42 Pa. Cons. Stat. § 6341(a) — 69 cases
In the Interest of: J.M., a Minor, 166 A.3d 408 (Pa. Super. Ct. 2017). “” 42 Pa. C.S. § 6341(c.l)(emphasis added). There is not provision for a ruling of aggravated circumstances unless and until the court has determined that the child is dependent.”
In re M.L., 757 A.2d 849 (Pa. 2000). “t proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental or emotional health, or morals; 2 (2) has been placed for care or adoption in violation of law; (3) has been abandoned by his parents,…”
Commonwealth v. Hughes, 865 A.2d 761 (Pa. 2004).
In the Interest of: N.M., A Minor, 186 A.3d 998 (Pa. Super. Ct. 2018). “The CPSL, defines, in part, a "founded report," where there has been a judicial adjudication that includes a "finding of dependency under 42 Pa.C.S. § 6341 (relating to adjudication) if the court has entered a finding that a child who is the subject of the report has been abused.”
In the Interest R.T., 592 A.2d 55 (Pa. Super. Ct. 1991). “" 42 Pa.C.S. § 6341(a). However, upon a clear and convincing finding of dependency the court must order a disposition of the child within the provisions of 42 Pa.”
— 42 Pa. Cons. Stat. § 6341(b) — 31 cases
In the Int. of: C.B., Appeal of: C.B., 241 A.3d 677 (Pa. Super. Ct. 2020). “See 42 Pa.C.S. § 6341(a). The court then held the required hearing to determine if C.”
In the Interest of: N.C., a minor, Appeal of N.C., 171 A.3d 275 (Pa. Super. Ct. 2017). “at 965 (citing 42 Pa.C.S. § 6341(b)). If the juvenile court makes such a finding, next, either immediately or at a hearing held within 20 days, the court must “hear evidence as to whether the child is in need of treatment, supervision!/] or rehabilitation.”
Commonwealth v. Interest of M.W., 39 A.3d 958 (Pa. 2012). “408(A); 42 Pa.C.S. § 6341(a). This finding must specify “which, if any, offenses, including grading and counts, alleged in the petition were committed by the juvenile.”
Commonwealth v. Baker, 614 A.2d 663 (Pa. 1992).
In the Int. of: C.B., Appeal of: C.B., 2020 Pa. Super. 265 (Pa. Super. Ct. 2020).
— 42 Pa. Cons. Stat. § 6341(c) — 62 cases
In the Matter of: L.Z., Appeal of: L.Z., 111 A.3d 1164 (Pa. 2015). “While a petitioning party must demonstrate the existence of child abuse by the clear and convincing evidence standard applicable to most dependency determinations, 42 Pa.C.S. § 6341(c) (recognizing clear and convincing evidence as the necessary standard for concluding that a…”
In Interest of Rhine, 456 A.2d 608 (Pa. Super. Ct. 1983).
In the Int. of: J.M., Appeal of: L.M.-M., 219 A.3d 645 (Pa. Super. Ct. 2019).
Gradwell v. Strausser, 610 A.2d 999 (Pa. Super. Ct. 1992).
In Re: C.M.C., a minor, Appeal of C.L.C., 140 A.3d 699 (Pa. Super. Ct. 2016).
— 42 Pa. Cons. Stat. § 6341(d) — 8 cases
In the Interest of Davis, 546 A.2d 1149 (Pa. 1988).
Commonwealth v. Davis, 586 A.2d 914 (Pa. 1991). “" 42 Pa.C.S. § 6341(b). In this disposition hearing, "[A]ll evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and relied upon to the extent of its probative value even though not otherwise competent in the…”
In re T.R., 731 A.2d 1276 (Pa. 1999).
Phil. Elec. v. Unemp. Comp. Bd. of Rev., 565 A.2d 1246 (Pa. Commw. Ct. 1989).
In re Hall, 432 A.2d 621 (Pa. Super. Ct. 1981).
— 42 Pa. Cons. Stat. § 6341(d)(1)(i) — 2 cases
In the Int. of: C.B., Appeal of: C.B., 241 A.3d 677 (Pa. Super. Ct. 2020). “See 42 Pa.C.S. § 6341(a). The court then held the required hearing to determine if C.”
In the Int. of: C.B., Appeal of: C.B., 2020 Pa. Super. 265 (Pa. Super. Ct. 2020).
— 42 Pa. Cons. Stat. § 6341(e) — 10 cases
United States v. Langford, 516 F.3d 205 (3rd Cir. 2008). “Even if we understood the juvenile court to have continued the disposition hearings under 42 Pa.C.S. § 6341(e) (which we do not), we would not count a continuance as a "sentence" under the Guidelines as this is, in essence, a juvenile diversion.”
In the Interest of: N.C., a minor, Appeal of N.C., 171 A.3d 275 (Pa. Super. Ct. 2017). “at 965 (citing 42 Pa.C.S. § 6341(b)). If the juvenile court makes such a finding, next, either immediately or at a hearing held within 20 days, the court must “hear evidence as to whether the child is in need of treatment, supervision!/] or rehabilitation.”
In Re Interest of M.M., 690 A.2d 175 (Pa. 1997).
McLaughlin v. Pernsley, 654 F. Supp. 1567 (E.D. Pa. 1987).
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