HB 1385 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, further providing for definitions and for disposition of delinquent child.

PRINTER'S NO.   1890

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1385
                                               Session of
                                                 2025

     INTRODUCED BY KINKEAD, D. MILLER, KRAJEWSKI, RABB, MAYES, HILL-
        EVANS, PIELLI, OTTEN, SANCHEZ, FIEDLER, KAZEEM, CEPEDA-
        FREYTIZ, SCOTT, D. WILLIAMS, STEELE, SHUSTERMAN, GREEN,
        WARREN, WAXMAN, RIVERA, HANBIDGE, BURGOS AND McANDREW,
        JUNE 9, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JUNE 10, 2025


                                    AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in juvenile matters,
 3      further providing for definitions and for disposition of
 4      delinquent child.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    The definitions of "child," "delinquent act" and
 8   "delinquent child" in section 6302 of Title 42 of the
 9   Pennsylvania Consolidated Statutes are amended and the section
10   is amended by adding a definition to read:
11   § 6302.    Definitions.
12      The following words and phrases when used in this chapter
13   shall have, unless the context clearly indicates otherwise, the
14   meanings given to them in this section:
15      * * *
16      "Child."   An individual who:
17          (1)    is under the age of 18 years;
 1        (2)   is under the age of 21 years who committed an act of
 2    delinquency before reaching the age of 18 years; or
 3        (3)   is under the age of 21 years and was adjudicated
 4    dependent before reaching the age of 18 years, who has
 5    requested the court to retain jurisdiction and who remains
 6    under the jurisdiction of the court as a dependent child
 7    because the court has determined that the child is:
 8              (i)    completing secondary education or an equivalent
 9        credential;
10              (ii)    enrolled in an institution which provides
11        postsecondary or [vocational] career and technical
12        education;
13              (iii)    participating in a program actively designed
14        to promote or remove barriers to employment;
15              (iv)    employed for at least 80 hours per month; or
16              (v)    incapable of doing any of the activities
17        described in subparagraph (i), (ii), (iii) or (iv) due to
18        a medical or behavioral health condition, which is
19        supported by regularly updated information in the
20        permanency plan of the child.
21    * * *
22    "Delinquent act."
23        (1)   [The term means an] An act designated a crime,
24    excluding a summary offense, under the law of this
25    Commonwealth, or of another state if the act occurred in that
26    state, or under Federal law, or an act which constitutes
27    indirect criminal contempt under Chapter 62A (relating to
28    protection of victims of sexual violence or intimidation)
29    with respect to sexual violence or 23 Pa.C.S. Ch. 61
30    (relating to protection from abuse). The term does not

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 1    include a summary offense or the failure of a child to comply
 2    with a lawful sentence imposed for a summary offense. [or the
 3    failure of a child to comply with a lawful sentence imposed
 4    for a summary offense, in which event notice of the fact
 5    shall be certified to the court.
 6        (2)   The term shall not include:
 7              (i)    The crime of murder.
 8              (ii)    Any of the following prohibited conduct where
 9        the child was 15 years of age or older at the time of the
10        alleged conduct and a deadly weapon as defined in 18
11        Pa.C.S. § 2301 (relating to definitions) was used during
12        the commission of the offense which, if committed by an
13        adult, would be classified as:
14                     (A)   Rape as defined in 18 Pa.C.S. § 3121
15              (relating to rape).
16                     (B)   Involuntary deviate sexual intercourse as
17              defined in 18 Pa.C.S. § 3123 (relating to involuntary
18              deviate sexual intercourse).
19                     (C)   Aggravated assault as defined in 18 Pa.C.S.
20              § 2702(a)(1) or (2) (relating to aggravated assault).
21                     (D)   Robbery as defined in 18 Pa.C.S. § 3701(a)
22              (1)(i), (ii) or (iii) (relating to robbery).
23                     (E)   Robbery of motor vehicle as defined in 18
24              Pa.C.S. § 3702 (relating to robbery of motor
25              vehicle).
26                     (F)   Aggravated indecent assault as defined in 18
27              Pa.C.S. § 3125 (relating to aggravated indecent
28              assault).
29                     (G)   Kidnapping as defined in 18 Pa.C.S. § 2901
30              (relating to kidnapping).

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 1                    (H)   Voluntary manslaughter.
 2                    (I)   An attempt, conspiracy or solicitation to
 3             commit murder or any of these crimes as provided in
 4             18 Pa.C.S. §§ 901 (relating to criminal attempt), 902
 5             (relating to criminal solicitation) and 903 (relating
 6             to criminal conspiracy).
 7             (iii)    Any of the following prohibited conduct where
 8        the child was 15 years of age or older at the time of the
 9        alleged conduct and has been previously adjudicated
10        delinquent of any of the following prohibited conduct
11        which, if committed by an adult, would be classified as:
12                    (A)   Rape as defined in 18 Pa.C.S. § 3121.
13                    (B)   Involuntary deviate sexual intercourse as
14             defined in 18 Pa.C.S. § 3123.
15                    (C)   Robbery as defined in 18 Pa.C.S. § 3701(a)
16             (1)(i), (ii) or (iii).
17                    (D)   Robbery of motor vehicle as defined in 18
18             Pa.C.S. § 3702.
19                    (E)   Aggravated indecent assault as defined in 18
20             Pa.C.S. § 3125.
21                    (F)   Kidnapping as defined in 18 Pa.C.S. § 2901.
22                    (G)   Voluntary manslaughter.
23                    (H)   An attempt, conspiracy or solicitation to
24             commit murder or any of these crimes as provided in
25             18 Pa.C.S. §§ 901, 902 and 903.
26             (iv)    Summary offenses.
27             (v)    A crime committed by a child who has been found
28        guilty in a criminal proceeding for other than a summary
29        offense.]
30     "Delinquent child."      Any of the following:

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 1        (1)   A child [ten] 13 years of age or older whom the
 2    court has found to have committed a delinquent act and for
 3    whom it is established is in need of treatment, supervision
 4    or rehabilitation.
 5        (2)   A child 12 years of age or older whom the court has
 6    found to have committed one of the following and for whom it
 7    is established is in need of treatment, supervision or
 8    rehabilitation:
 9              (i)    The crime of murder.
10              (ii)    A sexual offense that would be designated as a
11        felony of the first degree if committed by an adult.
12        (3)   The term does not include a child who is found to
13    have committed a summary offense or failed to comply with a
14    lawful sentence imposed for a summary offense.
15    * * *
16    "Material loss."     Any of the following:
17        (1)   A financial loss found by the court to have been
18    caused by a delinquent act of a child and is:
19              (i)    an uninsured property loss;
20              (ii)    a deductible paid on an insurance claim for
21        property;
22              (iii)    an actual loss of wages because of bodily
23        injury;
24              (iv)    an uninsured medical expense from bodily
25        injury; or
26              (v)    a cost incurred due to emotional distress or
27        trauma, including counseling and therapy services.
28        (2)   A material loss that entitled a person to receive
29    compensation from the Crime Victim Services and Compensation
30    Fund.

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 1      * * *
 2      Section 2.         Section 6352(a) and (c) of Title 42, amended
 3   October 16, 2024 (P.L.1003, No.107), are amended and the section
 4   is amended by adding subsections to read:
 5   § 6352.    Disposition of delinquent child.
 6      (a)    General rule.--If the child is found to be a delinquent
 7   child the court may make any of the following orders of
 8   disposition determined to be consistent with the protection of
 9   the public interest and best suited to the child's treatment,
10   supervision, rehabilitation and welfare, which disposition
11   shall, as appropriate to the individual circumstances of the
12   child's case, provide balanced attention to the protection of
13   the community, the imposition of accountability for offenses
14   committed and the development of competencies to enable the
15   child to become a responsible and productive member of the
16   community:
17             (1)   Any order authorized by section 6351 (relating to
18      disposition of dependent child).
19             (2)   Placing the child on probation under supervision of
20      the probation officer of the court or the court of another
21      state as provided in section 6363 (relating to ordering
22      foreign supervision), under conditions and limitations the
23      court prescribes[.] in accordance with the following:
24                   (i)    For a misdemeanor, a term of probation may not
25             exceed 12 months per petition or course of conduct. A
26             term of probation may be extended up to an additional
27             three months in order to complete an evidence-based
28             program or court-approved program.
29                   (ii)    For a felony, a term of probation may not
30             exceed 18 months per petition or course of conduct. A

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 1        term of probation may be extended up to an additional
 2        three months to complete an evidence-based program or
 3        court-approved program.
 4              (iii)   Upon completion of the original probation term
 5        or extension, the court shall close probation. The court
 6        may refer the child to dependency if warranted.
 7        (3)   [Committing] In accordance with subsection (a.1),
 8    committing the child to an institution, youth development
 9    center, camp, or other facility for delinquent children
10    operated under the direction or supervision of the court or
11    other public authority and approved by the Department of
12    [Public Welfare] Human Services.
13        (4)   [If] In accordance with subsection (a.1), if the
14    child is [12] 13 years of age or older, committing the child
15    to an institution operated by the Department of [Public
16    Welfare] Human Services.
17        (5)   Ordering payment by the child of reasonable amounts
18    of [money as fines, costs, fees or] restitution as deemed
19    appropriate as part of the plan of rehabilitation
20    [considering the nature of the acts committed and the earning
21    capacity of the child] and subject to the requirements under
22    subsection (c.1), including a contribution to a restitution
23    fund not to exceed $10 and a contribution to the Crime
24    Victims Services and Compensation Fund not to exceed $25. The
25    president judge of the court of common pleas shall establish
26    a restitution fund for the deposit of all contributions to
27    the restitution fund which are received or collected. The
28    president judge of the court of common pleas shall promulgate
29    written guidelines for the administration of the fund.
30    Disbursements from the fund shall be made, subject to the

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 1    written guidelines and the limitations of this chapter, at
 2    the discretion of the president judge and used to reimburse
 3    crime victims for financial losses resulting from delinquent
 4    acts. For an order made under this subsection, the court
 5    [shall] may retain jurisdiction until there has been full
 6    compliance with the order or until the delinquent child
 7    attains 21 years of age. Any restitution order which remains
 8    unpaid at the time the child attains 21 years of age [shall]
 9    may continue to be collectible under section 9728 (relating
10    to collection of restitution, reparation, fees, costs, fines
11    and penalties). No restitution may be forgiven without
12    providing a victim with timely notice of a hearing on the
13    forgiveness of restitution and without the court issuing
14    findings on the record.
15        (6)   An order of the terms of probation may include an
16    appropriate fine considering the nature of the act committed
17    or restitution not in excess of actual damages caused by the
18    child and subject to the requirements under subsection (c.1),
19    which shall be paid from the earnings of the child received
20    through participation in a constructive program of service or
21    education acceptable to the victim and the court whereby,
22    during the course of such service, the child shall be paid
23    not less than the minimum wage of this Commonwealth. In
24    ordering such service, the court shall take into
25    consideration the age, physical and mental capacity of the
26    child and the service shall be designed to impress upon the
27    child a sense of responsibility for the injuries caused to
28    the person or property of another. The order of the court
29    shall be limited in duration consistent with the limitations
30    in section 6353 (relating to limitation on and change in

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 1      place of commitment and disposition review hearing) and in
 2      the former act of May 13, 1915 (P.L.286, No.177), known as
 3      the Child Labor Law. The court order shall specify the nature
 4      of the work, the number of hours to be spent performing the
 5      assigned tasks, and shall further specify that as part of a
 6      plan of treatment and rehabilitation that up to 75% of the
 7      earnings of the child be used for restitution in order to
 8      provide positive reinforcement for the work performed.
 9   In selecting from the alternatives set forth in this section,
10   the court shall follow the general principle that the
11   disposition imposed should provide the means through which the
12   provisions of this chapter are executed and enforced consistent
13   with section 6301(b) (relating to [purposes] short title and
14   purposes of chapter) and when confinement is necessary, the
15   court shall impose the minimum amount of confinement that is
16   consistent with the protection of the public and the
17   rehabilitation needs of the child.
18      (a.1)   Removal from home.--
19          (1)   A child may not be removed from the child's home as
20      disposition for an adjudication of delinquency under
21      subsection (a), unless the court determines that at least one
22      of the following applies:
23                (i)   The child poses a significant risk to the safety
24          of a victim. In determining whether the child poses a
25          significant risk to the safety of a victim, the court
26          shall consider all of the following:
27                      (A)   The community and family supports for the
28                child.
29                      (B)   All possible community-based services and
30                supports that would lessen the risk of physical harm.

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 1                       (C)   Mitigating evidence on behalf of the child.
 2                       (D)   Whether the child used a deadly weapon in
 3                the commission of the offense.
 4                       (E)   Whether the child intentionally inflicted
 5                serious bodily injury upon another person in the
 6                commission of the offense.
 7                       (F)   The nature of the offense.
 8                (ii)    By assessment, the child is medically in need
 9          of residential drug and alcohol treatment or mental
10          health services.
11                (iii)    By assessment, residential treatment is the
12          most appropriate and least restrictive setting for a
13          child adjudicated delinquent of a sexual offense.
14          (2)   In cases where the court has determined, after
15      consideration, that removal and placement of the child is
16      found to be appropriate and has assigned the least
17      restrictive dispositional option available, the court shall
18      provide the court's reasons for removal and placement of the
19      child on the record and in writing.
20      (a.2)   Placement out of home prohibited.--The court may not
21   remove a child from the child's home for any of the following
22   reasons:
23          (1)   A technical violation of the terms and conditions of
24      an order of probation, which shall not include any of the
25      following:
26                (i)    The commission of a new offense in which the
27          child is adjudicated delinquent or convicted in a court
28          of record.
29                (ii)    The violation of a no-contact order that places
30          the safety of the community or a victim at risk.

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 1                (iii)    Repeated violations of probation for an
 2          offense involving the threat to or use or possession of a
 3          deadly weapon or the intentional infliction of serious
 4          bodily injury to a victim,
 5          (2)   Lack of outpatient treatment options in the
 6      community absent a recommendation to do so through an
 7      independent assessment that determines drug, alcohol or
 8      mental health services are medically necessary.
 9          (3)   Concerns related to the welfare, safety, neglect or
10      health of the child. Concerns under this paragraph shall be
11      referred to the appropriate child welfare agency.
12      (a.3)   Placement out of State.--A child removed from the
13   child's home under subsection (a.2) may not be placed out of
14   State unless medically needed services recommended by assessment
15   are not available in this Commonwealth.
16      (a.4)   Placement not to be extended.--
17          (1)   If the court imposes a disposition of out-of-home
18      placement in response to an adjudication of delinquency, the
19      period of commitment shall not exceed six months. The court
20      may extend the period of placement for an additional three
21      months if the court finds any of the following:
22                (i)    An extension is necessary to complete an
23          evidence-based program or a program rated by a
24          standardized tool as effective for reducing recidivism,
25          consistent with the child's assessed criminogenic needs,
26          that is already underway and that cannot be completed in
27          the community.
28                (ii)    A child adjudicated for murder or a sexual
29          offense designated as a felony of the first degree if
30          committed by an adult poses a threat to the safety of the

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 1        community or a victim in consideration of subsection
 2        (a.1)(1).
 3        (2)    In cases where the court has determined that it is
 4    necessary and appropriate to extend placement beyond six
 5    months, the court shall contemporaneously state the reasons
 6    for the continued placement of the child on the record and in
 7    writing.
 8        (3)    The court shall not extend a period of commitment in
 9    out-of-home placement, nor remove a child from placement, due
10    to behavior that is a manifestation of the child's
11    disability, unless agreed to by the child or upon a court
12    finding that the placement is not able to provide necessary
13    accommodations and support for the child's disability. Under
14    no circumstances shall a manifestation of disability serve as
15    grounds for a probation violation, technical violation or a
16    finding of failure to adjust. The following shall apply:
17               (i)   In cases where a child with a disability's
18        behavior in an out-of-home placement forms a part of an
19        allegation of a probation violation, technical violation
20        or a failure to adjust, the court shall conduct a
21        manifestation determination review with the child and the
22        child's parents or guardians to determine whether the
23        behavior in question reflected a manifestation of the
24        child's disability. At a minimum, the court shall review
25        all of the following:
26                     (A)   The current or most recent individualized
27               education plan, 504 plan, functional behavioral
28               assessment or positive behavioral support plan.
29                     (B)   Teacher observations, therapist
30               recommendations and most recent assessments.

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 1                         (C)   Related information as to whether the
 2                  conduct in question was caused by, or had a direct
 3                  and substantial relationship to, the child's
 4                  disability.
 5                         (D)   Related information as to whether the
 6                  conduct in question was the direct result of the
 7                  failure to implement a current individualized
 8                  education plan, 504 plan or any recommended
 9                  therapeutic support or reasonable extension of
10                  therapeutic support.
11                  (ii)    If the court determines that the conduct was a
12            manifestation of the child's disability, the court shall:
13                         (A)   return the child to the placement with
14                  proper supports, transfer the child without support
15                  to a more appropriate placement if the child agrees
16                  or return the child to the child's home; and
17                         (B)   order a functional behavioral assessment,
18                  unless a functional behavioral assessment had
19                  occurred before the behavior in question and a
20                  behavioral intervention plan for the child was
21                  implemented; or
22                         (C)   review the behavioral intervention plan and
23                  modify it, as necessary, to address the behavior.
24            (4)   Nothing in this subsection is intended to alter or
25      limit related rights under Federal or State law or to limit
26      consideration of matters in any aspect of the dependency or
27      delinquency systems.
28      * * *
29      (c)   Required statement of reasons.--Prior to entering an
30   order of disposition under subsection (a), the court shall state

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 1   its disposition and the reasons for its disposition on the
 2   record in open court, together with the goals, terms and
 3   conditions of that disposition. If the child is to be committed
 4   to out-of-home placement, the court shall also state the name of
 5   the specific facility or type of facility to which the child
 6   will be committed and its findings and conclusions of law that
 7   formed the basis of its decision consistent with subsection (a)
 8   and section 6301, including the reasons why commitment to that
 9   facility or type of facility was determined to be the least
10   restrictive placement that is consistent with the protection of
11   the public and best suited to the child's treatment,
12   supervision, rehabilitation and welfare. The following shall
13   apply:
14            (1)   Prior to entering an order committing a child with
15      an individualized education plan or 504 plan to an out-of-
16      home placement, the court shall make an independent
17      determination on the record if the child will be provided a
18      free appropriate public education while in the placement,
19      including receiving services specified in the child's current
20      individualized education plan or 504 plan.
21            (2)   If a child's individualized education plan or 504
22      plan cannot be implemented, followed or measured to provide a
23      free and appropriate public education as required under 20
24      U.S.C. Ch. 33 (relating to education of individuals with
25      disabilities) at an out-of-home placement, the out-of-home
26      placement shall be deemed an inappropriate placement for the
27      child, and the child shall not be mandated to that placement.
28      (c.1)   Restitution.--
29            (1)   Restitution shall be ordered after a finding that
30      the requested restitution constitutes a material loss and is

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 1    owed to the actual victim and a hearing is held on the
 2    child's ability to pay. In determining whether the child will
 3    be able to pay restitution, the following shall apply:
 4              (i)    The court shall consider the age of the child
 5        and whether the child is able to legally obtain
 6        employment.
 7              (ii)    The court may not consider the income or assets
 8        of the parents of the child.
 9              (iii)    The court shall consider the ability of the
10        court and probation department to assist the child in
11        paying the restitution, including the existence of
12        restitution funds, community service or work programs.
13              (iv)    The court shall consider whether the victim is
14        willing to accept another form of restorative justice in
15        lieu of payment of money.
16              (v)    The court shall consider whether the child will
17        be able to pay restitution in the time that the child is
18        reasonably expected to be under supervision.
19        (2)   If restitution cannot be paid in full by the child,
20    the court shall implement an installment plan consistent with
21    the probation goals deemed necessary for the child. No child
22    who has the ability to pay shall be ordered to pay a monthly
23    installment amount greater than five hours of minimum wage of
24    this Commonwealth.
25        (3)   At each post-disposition review proceeding, the
26    court shall make findings of the progress a child has made
27    toward satisfying the order for restitution and shall inquire
28    as to the assistance given to the child by the probation
29    department and placement providers. A child shall have at
30    least one review hearing every four months. The court may

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 1    schedule a review hearing at any time or upon motion of a
 2    parent or legal guardian.
 3        (4)    The court may modify the order for restitution at a
 4    post-disposition review proceeding, provided the victim has
 5    an opportunity to object by receiving notice of the hearing.
 6        (5)    If a child has satisfied all conditions of
 7    supervision other than payment of restitution in full, the
 8    court shall enter an order for termination of supervision,
 9    provided the victim has an opportunity to object by receiving
10    notice of the hearing. The court shall make findings on the
11    record with regard to the reason for the termination of
12    supervision and forgiveness of outstanding restitution. The
13    court shall not index a civil judgment against the child.
14    Nothing in this paragraph shall be construed to preclude a
15    victim from pursuing civil judgments against a responsible
16    party.
17    (c.2)    Educational stability.--
18        (1)    An order resulting in the removal of a child from
19    the child's home or a change in placement shall address the
20    educational stability of the child.
21        (2)    A child removed from home shall remain in the
22    child's school of origin unless the court finds that
23    remaining in the school of origin is not in the child's best
24    interest or protection of the community. If the court finds
25    that it is not in the best interest for the child or
26    protection of the community to remain in the school of
27    origin, then the court may order the child to be enrolled in
28    another school that best meets the child's needs.
29        (3)    If the court orders a child with a disability to be
30    enrolled in another school, the best interest determination

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 1      shall include a finding on the record that the school is
 2      willing and able to provide a free and appropriate public
 3      education under 20 U.S.C. Ch. 33 to the child, including
 4      following, monitoring and measuring individualized education
 5      plan goals.
 6          (4)   If a court orders a child to be enrolled in another
 7      school under paragraph (2), the child shall attend a public
 8      school unless the court finds that a public school is not in
 9      the best interest of the child or protection of the
10      community.
11      (c.3)   Employment in placement.--A child employed by the
12   placement shall not be paid less than the minimum wage under
13   section 4 of the act of January 17, 1968 (P.L.11, No.5), known
14   as The Minimum Wage Act of 1968.
15      * * *
16      Section 3.    This act shall take effect in 60 days.




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