§ 6358. Assessment of delinquent children by the State Sexual Offenders Assessment Board.
(a) General rule.--A child who has been found to be delinquent for an act of sexual violence which if
committed by an adult would be a violation of 18 Pa.C.S. § 3121 (relating to rape),
3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual
assault), 3125 (relating to aggravated indecent assault), 3126 (relating to indecent
assault) or 4302 (relating to incest) who is committed to an institution or other
facility pursuant to section 6352 (relating to disposition of delinquent child) and
who remains in any such institution or facility as a result of that adjudication of
delinquency upon attaining 20 years of age shall be subject to an assessment by the
board.
(b) Duty of probation officer.--Ninety days prior to the 20th birthday of the child, the probation officer shall have
the duty to notify the board of the status of the delinquent child and the institution
or other facility where the child is presently committed. The probation officer shall
assist the board in obtaining access to the child and any information required by
the board to perform the assessment, including, but not limited to, the child's official
court record and complete juvenile probation file.
(b.1) Notification to board.--The probation officer shall, within five days of the effective date of this subsection,
notify the board of any child whose age precludes compliance with subsection (b) provided
the child has not yet attained 21 years of age.
(c) Assessment.--The board shall conduct an assessment, which shall include the board's determination
of whether or not the child is in need of commitment for involuntary treatment due
to a mental abnormality as defined in section 6402 (relating to definitions) or a
personality disorder, either of which results in serious difficulty in controlling
sexually violent behavior. Upon the completion of the assessment pursuant to this
section, the board shall provide the assessment to the court. In no case shall the
board file the assessment later than 90 days after the child's 20th birthday unless
notification of the board was delayed under subsection (b.1), in which case the assessment
shall be filed no later than 180 days after the child's 20th birthday.
(d) Duty of court.--The court shall provide a copy of the assessment by the board to the probation officer,
the district attorney, county solicitor or designee and the child's attorney.
(e) Dispositional review hearing.--Where the board has concluded that the child is in need of involuntary treatment pursuant
to the provisions of Chapter 64 (relating to court-ordered involuntary treatment of
certain sexually violent persons), the court shall conduct a hearing at which the
county solicitor or a designee, the probation officer and the child's attorney are
present. The court shall consider the assessment, treatment information and any other
relevant information regarding the delinquent child at the dispositional review hearing
pursuant to section 6353 (relating to limitation on and change in place of commitment
and disposition review hearing), which shall be held no later than 180 days before
the 21st birthday of the child. Where the submission of the report was delayed pursuant
to subsection (c), the dispositional review hearing shall be held no later than 90
days before the 21st birthday of the child.
(f) Subsequent proceeding.--If, at the conclusion of the dispositional review hearing required in subsection (e),
the court finds there is a prima facie case that the child is in need of involuntary
treatment under the provisions of Chapter 64, the court shall direct that the county
solicitor or a designee file a petition to initiate proceedings under the provisions
of that chapter.
(Aug. 14, 2003, P.L.97, No.21, eff. 180 days; Dec. 20, 2011, P.L.446, No.111, eff.
one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Oct. 16, 2024, P.L.1003,
No.107, eff. 180 days)
2024 Amendment. Act 107 amended subsec. (e).
2012 Amendment. Act 91 amended subsec. (a).
2011 Amendment. Act 111 amended subsecs. (a) and (b).
2003 Amendment. Act 21 added section 6358.
Cross References. Section 6358 is referred to in sections 6403, 9799.24, 9799.58 of this title.
Notes of Decisions
Cited in
25
cases (
2 in the last 5 years), 2005–2021 · leading case:
In re T.B., 75 A.3d 485 (Pa. Super. Ct. 2013).
In re T.B., 75 A.3d 485 (Pa. Super. Ct. 2013).
· cites it 5× “In this decision, we address appeals from two orders, both of which derive from an assessment performed by the State Sexual Offenders Assessment Board (“SOAB”) pursuant to 42 Pa.C.S. § 6358 to determine whether T.”
In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007).
· cites it 8× “42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile’s 20th birthday, the probation officer is required to notify the Board of the juvenile’s status.”
In the Interest of A.C., 991 A.2d 884 (Pa. Super. Ct. 2010).
“¶ 5 Pursuant to 42 Pa.C.S. § 6358, the State Sexual Offenders Assessment Board is charged with assessing a person who has committed a sexually violent offense and remains in a juvenile facility upon attaining twenty years of age.”
In re S.A., 925 A.2d 838 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6358(a). In the Interest of K.”
In re D.M.W., 86 A.3d 235 (Pa. Super. Ct. 2014).
“’s file by the state Sexual Offender’s Assessment Board (SOAB) pursuant to 42 Pa. Cons.Stat.Ann. § 6358. On June 8, 2012, after a hearing, the court found prima facie evidence that D.”
In Re Kap, 916 A.2d 1152 (Pa. Super. Ct. 2007).
· cites it 8× “42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile's 20th birthday, the probation officer is required to notify the Board of the juvenile's status.”
In the Interest of J.M., 5 A.3d 323 (Pa. Super. Ct. 2010).
“” 42 Pa.C.S. § 6358(a), (c). Under Act 21, if this assessment concludes that the person is “in need of involuntary treatment,” and the court *325 concludes that a prima facie case has been presented, the court is to order that a petition be filed by the county solicitor or…”
In the Interest of: T.B., a Minor (Pa. Super. Ct. 2016).
· cites it 6× “42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile’s 20th birthday, the probation officer is required to notify the Board of the juvenile’s status.”
In Re Ac, 991 A.2d 884 (Pa. Super. Ct. 2010).
“¶ 5 Pursuant to 42 Pa.C.S. § 6358, the State Sexual Offenders Assessment Board is charged with assessing a person who has committed a sexually violent offense and remains in a juvenile facility upon attaining twenty years of age.”
In re: H.R., a minor (Pa. 2020).
· cites it 3× “The Board provided its assessment to the court of common pleas, see 42 Pa.C.S. §6358(c), which then held a dispositional review hearing pursuant to Section 6358(e) and determined a prima facie case had been presented establishing the need for ongoing inpatient treatment.”
— 42 Pa. Cons. Stat. § 6358(a) — 12 cases
In re T.B., 75 A.3d 485 (Pa. Super. Ct. 2013).
“In this decision, we address appeals from two orders, both of which derive from an assessment performed by the State Sexual Offenders Assessment Board (“SOAB”) pursuant to 42 Pa.C.S. § 6358 to determine whether T.”
In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile’s 20th birthday, the probation officer is required to notify the Board of the juvenile’s status.”
In re S.A., 925 A.2d 838 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6358(a). In the Interest of K.”
In the Interest of J.M., 5 A.3d 323 (Pa. Super. Ct. 2010).
“” 42 Pa.C.S. § 6358(a), (c). Under Act 21, if this assessment concludes that the person is “in need of involuntary treatment,” and the court *325 concludes that a prima facie case has been presented, the court is to order that a petition be filed by the county solicitor or…”
In Re Sa, 925 A.2d 838 (Pa. Super. Ct. 2007).
— 42 Pa. Cons. Stat. § 6358(b) — 3 cases
In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile’s 20th birthday, the probation officer is required to notify the Board of the juvenile’s status.”
In Re Kap, 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile's 20th birthday, the probation officer is required to notify the Board of the juvenile's status.”
In the Interest of: T.B., a Minor (Pa. Super. Ct. 2016).
“42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile’s 20th birthday, the probation officer is required to notify the Board of the juvenile’s status.”
— 42 Pa. Cons. Stat. § 6358(c) — 6 cases
In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile’s 20th birthday, the probation officer is required to notify the Board of the juvenile’s status.”
In Re Kap, 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile's 20th birthday, the probation officer is required to notify the Board of the juvenile's status.”
In the Interest of: T.B., a Minor (Pa. Super. Ct. 2016).
“42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile’s 20th birthday, the probation officer is required to notify the Board of the juvenile’s status.”
In re: H.R., a minor (Pa. 2020).
“The Board provided its assessment to the court of common pleas, see 42 Pa.C.S. §6358(c), which then held a dispositional review hearing pursuant to Section 6358(e) and determined a prima facie case had been presented establishing the need for ongoing inpatient treatment.”
— 42 Pa. Cons. Stat. § 6358(d) — 2 cases
In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile’s 20th birthday, the probation officer is required to notify the Board of the juvenile’s status.”
In Re Kap, 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile's 20th birthday, the probation officer is required to notify the Board of the juvenile's status.”
— 42 Pa. Cons. Stat. § 6358(e) — 4 cases
In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile’s 20th birthday, the probation officer is required to notify the Board of the juvenile’s status.”
In Re Kap, 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile's 20th birthday, the probation officer is required to notify the Board of the juvenile's status.”
In the Interest of: T.B., a Minor (Pa. Super. Ct. 2016).
“42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile’s 20th birthday, the probation officer is required to notify the Board of the juvenile’s status.”
— 42 Pa. Cons. Stat. § 6358(f) — 3 cases
In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile’s 20th birthday, the probation officer is required to notify the Board of the juvenile’s status.”
In Re Kap, 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6358(a). Under the Act, 90 days before the affected juvenile's 20th birthday, the probation officer is required to notify the Board of the juvenile's status.”
In re: H.R., a minor (Pa. 2020).
“The Board provided its assessment to the court of common pleas, see 42 Pa.C.S. §6358(c), which then held a dispositional review hearing pursuant to Section 6358(e) and determined a prima facie case had been presented establishing the need for ongoing inpatient treatment.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.