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Senate Bill 1241 Printer's Number 1656

PENNSYLVANIA, May 20 - warranted and permitted under section 6325 (relating to

detention of child), whether to allow the child to remain in

the home would be contrary to the welfare of the child and,

if the child is alleged to be delinquent, whether probable

cause exists that the child has committed a delinquent act.

(2) If detention or shelter care is permitted under

section 6325, continued detention shall not be deemed

permitted absent a finding that:

(i) a nonresidential alternative is insufficient to

secure the child's presence at the next hearing as

demonstrated by the evidence introduced into record; or

(ii) the child poses a specific, immediate and

substantial risk of harm to others and there is no

alternative to reduce the risk of harm to others.

(3) Reasonable notice [thereof] of the hearing, either

oral or written, stating the time, place, and purpose of the

hearing shall be given to the child and if they can be found,

to his parents, guardian, or other custodian.

(4) Prior to the commencement of the hearing the court

or master shall inform the parties of their right to counsel

and to appointed counsel if they are needy persons, and of

the right of the child to remain silent with respect to any

allegations of delinquency.

(5) If the child is alleged to be a dependent child, the

court or master shall also determine whether reasonable

efforts were made to prevent [such] placement or, in the case

of an emergency placement where services were not offered and

could not have prevented the necessity of placement, whether

this level of effort was reasonable due to the emergency

nature of the situation, safety considerations and

20220SB1241PN1656 - 9 -

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