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.

PRINTER'S NO.   2435

                     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 AND GREEN,
        OCTOBER 8, 2025

     REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, OCTOBER 8, 2025


                                    AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in juvenile matters,
 3      further providing for release or holding of hearing, for
 4      disposition of delinquent child and for limitation on and
 5      change in place of commitment and disposition review hearing.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Section 6335(a) of Title 42 of the Pennsylvania
 9   Consolidated Statutes is amended and the section is amended by
10   adding subsections to read:
11   § 6335.   Release or holding of hearing.
12      (a)    [General rule] Scheduling of hearing.--After the
13   petition has been filed alleging the child to be dependent or
14   delinquent, the court shall fix a time for hearing thereon,
15   which, if the child is in detention or shelter care shall not be
16   later than ten days after the filing of the petition. Except as
17   provided in subsection (f), if the hearing is not held within
18   such time, the child shall be immediately released from
 1   detention or shelter care.
 2      (a.1)   Additional time in shelter care.--A child may be
 3   detained or kept in shelter care, after the period specified
 4   under subsection (a), for an additional single period not to
 5   exceed ten days where:
 6          (1)   the court determines at a hearing that:
 7                (i)    evidence material to the case is unavailable;
 8                (ii)    due diligence to obtain such evidence has been
 9          exercised; and
10                (iii)    there are reasonable grounds to believe that
11          such evidence will be available at a later date; [and]
12          (2)   the court finds by clear and convincing evidence
13      that:
14                (i)    the life of the child would be in danger;
15                (ii)    the community would be exposed to a specific
16          danger; or
17                (iii)    the child will abscond or be removed from the
18          jurisdiction of the court[.]; and
19          (3)   the court finds by clear and convincing evidence
20      that:
21                (i)    no condition or combination of release
22          conditions or community-based alternatives to detention
23          provide a reasonable assurance of public safety; and
24                (ii)    the harm caused to the child by the cumulative
25          secure detention, separation from the child's home,
26          school and community is substantially outweighed by the
27          need to maintain the child in secure detention. When
28          determining the harm caused to the child, the court shall
29          also consider the heightened harm of cumulative secure
30          detention time and the resulting extended separation from

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 1             the child's home, school and community on the child's
 2             well-being.
 3      (a.2)     Summons.--
 4             (1)   The court shall direct the issuance of a summons to
 5      the parents, guardian, or other custodian, a guardian ad
 6      litem, and any other persons as appear to the court to be
 7      proper or necessary parties to the proceeding, requiring them
 8      to appear before the court at the time fixed to answer the
 9      allegations of the petition.
10             (2)   The summons shall also be directed to the child if
11      [he] the child is 14 or more years of age or is alleged to be
12      a delinquent.
13             (3)   A copy of the petition shall accompany the summons.
14      * * *
15      (g)    Consideration of cumulative secure detention time.--The
16   court shall take into consideration the cumulative secure
17   detention time when determining the duration of detention and
18   the best interests of the child, including reducing the harm
19   caused to the child by separation from home, school and
20   community.
21      (h)    Definitions.--As used in this section, the following
22   words and phrases shall have the meanings given to them in this
23   subsection unless the context clearly indicates otherwise:
24      "Cumulative secure detention time."     The total length of stay
25   of a child in secure detention both prior to and after
26   adjudication.
27      Section 2.     Section 6352 of Title 42 is amended by adding
28   subsections to read:
29   § 6352.    Disposition of delinquent child.
30      * * *

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 1      (c.1)   Transfer.--A child committed to an institution or
 2   other facility designed or operated for the benefit of
 3   delinquent children shall be transferred to the ordered
 4   placement no more than seven business days after the court
 5   orders the commitment.
 6      (c.2)   Release pending transfer.--
 7          (1)   If the child is not transferred to the court-ordered
 8      placement within seven business days of commitment, the court
 9      shall hold a review hearing no more than 10 days after the
10      placement order was entered to determine the child's
11      continued detention status.
12          (2)   At the review hearing under paragraph (1), the court
13      shall order the child's release pending the availability of a
14      secure placement unless:
15                (i)    the child has already been transferred to
16          placement; or
17                (ii)    the court finds by clear and convincing
18          evidence, and states its findings on the record, that:
19                       (A)   the child's transfer is impractical,
20                including a bed not being available for the child and
21                the existence or likelihood of a State emergency or
22                disaster or any other condition that may interfere
23                with the child's transfer; and
24                       (B)   the child's release presents a risk of harm
25                to a specific individual and the risk cannot be
26                mitigated through community-based alternatives or
27                conditions of release.
28          (3)   At the review hearing under paragraph (1), the court
29      may impose nonfinancial conditions of release, including
30      electronic monitoring, curfew or participation in community-

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 1      based alternatives, if the court determines the conditions
 2      are necessary to mitigate imminent and serious risk of harm
 3      to a specific individual and provide a reasonable assurance
 4      of the child's attendance at future court dates.
 5             (4)   If, following the review hearing mandated under
 6      paragraph (1), a child remains detained in secure detention
 7      pending transfer, the court shall reduce the court-ordered
 8      specified length of time committed to the placement by each
 9      day that passes between the transfer review hearing under
10      paragraph (1) and the child's transfer placement.
11             (5)   A child detained pending transfer shall be entitled
12      to the review hearing under paragraph (1) every 10 days until
13      the child is transferred to placement.
14             (6)   If the court makes three consecutive findings of
15      detention under paragraphs (1) and (2) and no transfer has
16      occurred, the child shall be released with community-based
17      alternatives to detention pending availability of placement,
18      unless the court determines the child poses an imminent risk
19      of bodily injury to a specific individual and the risk cannot
20      be mitigated through community-based alternatives or
21      conditions of release. The court shall make an individualized
22      finding in writing and on the record.
23             (7)   A child who was released pending availability of
24      placement shall return to court to be committed when the
25      placement is available.
26      * * *
27      Section 3.     Section 6353(a.1)(2) of Title 42, added October
28   16, 2024 (P.L.1003, No.107), is amended and the subsection is
29   amended by adding a paragraph to read:
30   § 6353.    Limitation on and change in place of commitment and

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 1              disposition review hearing.
 2    * * *
 3    (a.1)   Disposition review hearings.--
 4        * * *
 5        (2)   At a disposition review hearing under paragraph (1),
 6    the court shall, at a minimum, determine:
 7              (i)    whether the child is receiving the necessary
 8        services or treatment contemplated by the court's
 9        disposition;
10              (i.1)    the child's education needs and the child's
11        access to appropriate educational services, including
12        whether the child's education program meets the required
13        standards and whether the child is making progress toward
14        high school graduation;
15              (i.2)    whether the placement recommends the child be
16        placed in a less restrictive environment;
17              (ii)    whether the child continues to pose a threat to
18        the community which cannot be mitigated by available
19        community-based services;
20              (iii)    whether additional services or treatment are
21        needed and whether the services or treatment are
22        available in a less restrictive setting;
23              (iv)    whether the child should continue in placement
24        or be released from placement under aftercare
25        supervision; [and]
26              (iv.1)    if released from placement under aftercare
27        supervision, whether the least restrictive conditions of
28        supervision necessary are used to provide assurance of
29        public safety; and
30              (v)    the date of the next disposition review hearing.

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 1        * * *
 2        (4)   The following apply to presumption of release:
 3              (i)    If the court finds that the child has completed
 4        the services available in the placement or the placement
 5        recommends the release of the child, there shall be a
 6        presumption in favor of the child's release unless the
 7        court finds by clear and convincing evidence that:
 8                     (A)   the child's release poses a significant risk
 9              to public safety that cannot be mitigated by
10              available community-based services or conditions of
11              release;
12                     (B)   the child requires further services or
13              treatment that are available at the placement and not
14              available in a less restrictive setting; and
15                     (C)   the harm inflicted on the child by continued
16              placement is outweighed by the need for the child's
17              continued placement.
18              (ii)    In considering the harm inflicted on the child
19        by continued placement, the court shall consider:
20                     (A)   the entire length of time the child has been
21              separated from the home, school and community,
22              including the number of days detained in a secure
23              detention facility pending adjudication and transfer
24              to the placement; and
25                     (B)   any educational disruption, the child's
26              educational needs and access to services, including
27              the child's need for specialized services, such as
28              special education or language instruction, and the
29              child's progress toward graduation during that time.
30    * * *

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1     Section 4.    This act shall take effect in 60 days.




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