New PA Rules Require Juvenile Courts to Address Education and Health Care Needs of Youth in Child Welfare, Juvenile Justice Systems

In May, the Pennsylvania Supreme Court adopted numerous procedural rules aimed at promoting fairer treatment and better outcomes for youth in the child welfare and juvenile justice systems.  The Supreme Court adopted several rules to address issues arising from the Luzerne County judicial corruption scandal.  The Court also promulgated a series of rules requiring juvenile courts to regularly address the child’s education and health care needs at various stages of the juvenile court process.  Finally, the Court adopted two rules to ensure that youth who leave the child welfare system at age 18 or older have the skills, supports, and competencies needed to live independently.  Juvenile Law Center provided comments to the Juvenile Court Procedural Rules Committee when these rules were first proposed.

Responding to the Luzerne County judicial scandal

In response to Juvenile Law Center’s recommendations and the recommendations of the Interbranch Commission on Juvenile Justice, the Supreme Court adopted rules related to issues that arose in Luzerne County.  First, Delinquent Court Rule 151 was modified to presume indigence for all juveniles for purposes of appointing counsel. Under this new Rule, the financial background of a child’s parent or guardian may not be considered when appointing counsel for a juvenile charged with a crime. 

The Supreme Court also enacted new Rule 139, which prohibits the use of restraints on juveniles in courtrooms unless necessary to prevent escape, disruption, or harm.  Juvenile Law Center advocated for this change in response to the hundreds of youth who were shackled before former Luzerne County juvenile court judge Mark Ciavarella.

Finally, modifications to Rule 512 provide that at the disposition (sentencing) hearing, the juvenile court shall state on the record its findings and conclusions of law that formed the basis of it decision.  If the court orders the juvenile to be placed out-of-home, the court shall impose the least restrictive placement that is consistent with the protection of the public and best suited to the juvenile's treatment, supervision, rehabilitation, and welfare.  This Rule ensures that youth are not removed from their homes unnecessarily and are given the information needed to challenge their placement on appeal. 

Addressing education and health care needs

The Court also adopted a number of rules related to educational and health care needs of youth in the child welfare system, making Pennsylvania one of only a few states to systematically address these issues through court rules.  The new education rules focus on: 1) minimizing school changes; 2) ensuring that a juvenile or child is attending school, receiving educational services, and making progress toward graduation; and 3) ensuring that each juvenile or child has a legally authorized educational decision maker.  The rules also require the juvenile court to confirm that a child’s health care and disability needs are identified, monitored, and addressed, and that children with disabilities are receiving necessary accommodations.  Juvenile Law Center worked with colleagues around the Commonwealth to support passage of these rules. 

Promoting successful transitions to adulthood

Amendments to Dependent Court Rules 1608 and 1613 requiring increased juvenile court oversight of children’s independent living needs will  help ensure that youth leaving the child welfare system at age 18 or older have the necessary skills, supports, and competencies to make it on their own.  Rule 1608 specifies the findings that the court must make at every permanency review hearing for youth who are 16 and older. These findings include the education and employment skills needed by the youth, and issues that affect the youth’s ability to acquire independent living skills, such as placement in less restrictive settings and development of supportive adult connections. 

Rule 1613 ensures that youth are present in court before they can be discharged from care at age 18 or older, and that the court approve a meaningful, concrete transition plan before terminating system involvement.  These provisions will help ensure that youth are fully aware of the consequences of their decisions about leaving care and that the court fully understands the discharge/transition plan for the youth, including how and where they will be living when they leave care.