2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 63 - Juvenile Matters
6340 - Consent decree.

     § 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.
     (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.)

        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(13),
     amended December 30, 2005, insofar as it is inconsistent with
     the requirement of Rule 373 relating to conditions of consent
     decree.