Pennsylvania Consolidated Statutes
42 Pa. Cons. Stat. § 6356 (2026)
Disposition of mentally ill or mentally retarded child.
✓ current as of May 2026
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§ 6356. Disposition of mentally ill or mentally retarded child.
If, at a dispositional hearing of a child found to be a delinquent or at any hearing, the evidence indicates that the child may be subject to commitment or detention under the provisions of the act of October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the "Mental Health and Mental Retardation Act of 1966," or the act of July 9, 1976 (P.L.817, No.143), known as the "Mental Health Procedures Act," the court shall proceed under the provisions of the appropriate statute.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
Notes of Decisions
Cited in 4
cases, 1983–1990 · leading case: Commonwealth v. Davis, 479 A.2d 1041 (Pa. 1985).
Commonwealth v. Davis, 479 A.2d 1041 (Pa. 1985). “§ 6355(a)(4)(iii)(B), transfer to the juvenile system must be made upon a finding that a child charged with murder is mentally ill and committable, and (2) under 42 Pa.C.S. § 6356, where any hearing indicates that a child is mentally ill and committable, the court must proceed…”
In Re McMullins, 462 A.2d 718 (Pa. 1983). “6), known as the `Mental Health and Mental Retardation Act of 1966,' or the act of July 9, 1976 (P.”
Matter of Yeager, 455 A.2d 717 (Pa. Super. Ct. 1983). “This argument is premised upon language in the Juvenile Act, at 42 Pa.C.S. § 6356, which suggests that where “the evidence indicates that the child may be subject to commitment or detention under the provisions of .”
In Re Frederick F., 583 A.2d 1248 (Pa. 1990). “42 Pa.C.S. § 6356. We do not interpret section 6356 to mean that the MH/MR Act takes precedence over the Juvenile Act.”
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