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
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