Mercer Cnty. C.P. Local Rules of Juvenile Procedure

MERCER COUNTY LOCAL RULE OF JUVENILE PROCEDURE

L3.01 Truancy cases

L3.01. The Mercer County Juvenile Probation Department (MCJPD)

shall act in accordance with the following procedures in truancy cases:

1. Receive allegations that a child who failed to satisfy a fine or

cost imposed pursuant to Act 138 is dependent for the purposes of

considering the commencement of proceedings pursuant to the Juvenile

Act.

2. Conduct an intake investigation to determine if the juvenile is

eligible for diversionary alternatives established by MCJPD.

3. Should the juvenile be determined ineligible for a diversionary

plan and/or the juvenile and/or juvenile’s family fail to comply with the

diversionary plan established by MCJPD, then pursuant to Pa. R.J.P. 1320,

MCJPD may file with the Clerk of Courts an Application for Private Petition

to the Mercer County Children and Youth Services (MCCYS) and

commence such proceedings, within a period of fourteen days, pursuant

to Pa. R.J.P. 1321.

4. Upon the filing of an Application for Private Petition, the Mercer

County Clerk of Courts shall create a juvenile miscellaneous case type in

the Common Pleas Case Management System (CPCMS) to begin a matter

of record.

5. Upon receipt of the Application for Private Petition being

received by MCCYS, MCCYS shall schedule a hearing and assign counsel

to the parties promptly.

6. At said hearing, the Court upon a review of all information

presented by the MCJPD or other parties, shall make a determination as to

whether there are sufficient facts alleged to support a petition of

dependency.

7. Should the Court find sufficient facts to support a petition of

dependency, the County Agency shall file a petition pursuant to Pa. R.J.P.

1330.

8. Upon the filing of a petition alleging dependency, the Mercer

County Clerk of Courts shall close the miscellaneous juvenile case record

and open a new case under a dependency docket.

9. Once a proceeding is commenced, the matter shall be

adjudicated in accordance with the Pennsylvania Rules of Juvenile

Procedure, the Juvenile Act, Pa. Code Rule 195, and act 138 of 2016.

Explanatory Note: The Court of Common Pleas of Mercer County

adopted this rule pursuant to Act 138 of 2016.

BY THE COURT:

Daniel P. Wallace

_________________________________P.J.

Daniel P. Wallace, President Judge