Pennsylvania HB 1936: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, further providing for release or holding of hearing, for disposition of delinquent child and for limitation on and change in place of commitment and disposition review hearing.

Bill Text

PRIOR PRINTER'S NO. 2435 PRINTER'S NO. 2861
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1936
Session of
2025
INTRODUCED BY BELLMON, CARROLL, WAXMAN, HOWARD, KINKEAD,
McNEILL, HOHENSTEIN, MAYES, HILL-EVANS, POWELL, KHAN,
DOUGHERTY, D. WILLIAMS, SANCHEZ, BOYD, CURRY, GREEN,
KRAJEWSKI, FRANKEL AND WEBSTER, OCTOBER 8, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 3, 2026
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
further providing for release or holding of hearing, for
disposition of delinquent child and for limitation on and
change in place of commitment and disposition review hearing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6335(a) of Title 42 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding subsections to read:
§ 6335. Release or holding of hearing.
(a) [General rule] Scheduling of hearing.--After the
petition has been filed alleging the child to be dependent or
delinquent, the court shall fix a time for hearing thereon,
which, if the child is in detention or shelter care shall not be
later than ten days after the filing of the petition. Except as
provided in subsection (f), if the hearing is not held within
such time, the child shall be immediately released from
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detention or shelter care.
(a.1) Additional time in shelter care .-- A child may be
detained or kept in shelter care, after the period specified
under subsection (a), for an additional single period not to
exceed ten days where:
(1) the court determines at a hearing that:
(i) evidence material to the case is unavailable;
(ii) due diligence to obtain such evidence has been
exercised; and
(iii) there are reasonable grounds to believe that
such evidence will be available at a later date; [and]
(2) the court finds by clear and convincing evidence
that:
(i) the life of the child would be in danger;
(ii) the community would be exposed to a specific
danger; or
(iii) the child will abscond or be removed from the
jurisdiction of the court[.]; and
(3) the court finds by clear and convincing evidence
that:
(i) no condition or combination of release
conditions or community-based alternatives to detention
provide a reasonable assurance of public safety; and
(ii) the harm caused to the child by the cumulative
secure detention, SHELTER CARE, separation from the
child's home, school and community is substantially
outweighed by the need to maintain the child in secure
detention OR SHELTER CARE . When determining the harm
caused to the child, the court shall also consider the
heightened harm of cumulative secure detention OR SHELTER
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CARE time and the resulting extended separation from the
child's home, school and community on the child's well-
being.
(a.2) Summons.--
(1) The court shall direct the issuance of a summons to
the parents, guardian, or other custodian, a guardian ad
litem, and any other persons as appear to the court to be
proper or necessary parties to the proceeding, requiring them
to appear before the court at the time fixed to answer the
allegations of the petition.
(2) The summons shall also be directed to the child if
[he] the child is 14 or more years of age or is alleged to be
a delinquent.
(3) A copy of the petition shall accompany the summons.
* * *
(g) Consideration of cumulative secure detention time.--The
court shall take into consideration the cumulative secure
detention time when determining the duration of detention and
the best interests of the child, including reducing the harm
caused to the child by separation from home, school and
community.
(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Cumulative secure detention time." The total length of stay
of a child in secure detention both prior to and after
adjudication.
Section 2. Section 6352 of Title 42 is amended by adding
subsections to read:
§ 6352. Disposition of delinquent child.
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* * *
(B.1) CONSIDERATION OF DETENTION TIME.--IF THE COURT ISSUES
AN ORDER COMMITTING A CHILD TO A FACILITY DESIGNED OR OPERATED
FOR THE BENEFIT OF DELINQUENT CHILDREN FOR A PERIOD OF 18 MONTHS
OR MORE, THE COURT SHALL TAKE INTO CONSIDERATION THE CHILD'S
LENGTH OF DETENTION WHEN DETERMINING THE DURATION OF THE
DISPOSITION AND THE BEST INTERESTS OF THE CHILD, INCLUDING
REDUCING THE HARM CAUSED TO THE CHILD BY SEPARATION FROM HOME,
SCHOOL AND COMMUNITY.
* * *
(c.1) Transfer.--A child committed to an institution or
other A facility designed or operated for the benefit of
delinqu