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.

PRIOR PRINTER'S NO. 1890 PRINTER'S NO. 2592
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, McANDREW, BOYD AND
DOUGHERTY, JUNE 9, 2025
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 17, 2025
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "child," "delinquent act" and
"delinquent child" "CHILD" AND "DELINQUENT ACT" in section 6302
of Title 42 of the Pennsylvania Consolidated Statutes are
amended and the section is amended by adding a definition to
read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Child." An individual who:
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(1) is under the age of 18 years;
(2) is under the age of 21 years who committed an act of
delinquency before reaching the age of 18 years; or
(3) is under the age of 21 years and was adjudicated
dependent before reaching the age of 18 years, who has
requested the court to retain jurisdiction and who remains
under the jurisdiction of the court as a dependent child
because the court has determined that the child is:
(i) completing secondary education or an equivalent
credential;
(ii) enrolled in an institution which provides
postsecondary or [vocational] career and technical
education;
(iii) participating in a program actively designed
to promote or remove barriers to employment;
(iv) employed for at least 80 hours per month; or
(v) incapable of doing any of the activities
described in subparagraph (i), (ii), (iii) or (iv) due to
a medical or behavioral health condition, which is
supported by regularly updated information in the
permanency plan of the child.
* * *
"Delinquent act."
(1) [The term means an] An act designated a crime,
excluding a summary offense, under the law of this
Commonwealth, or of another state if the act occurred in that
state, or under Federal law, or an act which constitutes
indirect criminal contempt under Chapter 62A (relating to
protection of victims of sexual violence or intimidation)
with respect to sexual violence or 23 Pa.C.S. Ch. 61
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(relating to protection from abuse). The term does not
include a summary offense or the failure of a child to comply
with a lawful sentence imposed for a summary offense. [or the
failure of a child to comply with a lawful sentence imposed
for a summary offense, in which event notice of the fact
shall be certified to the court.]
(2) The term shall not include:
(i) The crime of murder.
(ii) Any of the following prohibited conduct where
the child was 15 years of age or older at the time of the
alleged conduct and a deadly weapon as defined in 18
Pa.C.S. § 2301 (relating to definitions) was used during
the commission of the offense which, if committed by an
adult, would be classified as:
(A) Rape as defined in 18 Pa.C.S. § 3121
(relating to rape).
(B) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123 (relating to involuntary
deviate sexual intercourse).
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2) (relating to aggravated assault).
(D) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii) (relating to robbery).
(E) Robbery of motor vehicle as defined in 18
Pa.C.S. § 3702 (relating to robbery of motor
vehicle).
(F) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(G) Kidnapping as defined in 18 Pa.C.S. § 2901
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(relating to kidnapping).
(H) Voluntary manslaughter.
(I) An attempt, conspiracy or solicitation to
commit murder or any of these crimes as provided in
18 Pa.C.S. §§ 901 (relating to criminal attempt), 902
(relating to criminal solicitation) and 903 (relating
to criminal conspiracy).
(iii) Any of the following prohibited conduct where
the child was 15 years of age or older at the time of the
alleged conduct and has been previously adjudicated
delinquent of any of the following prohibited conduct
which, if committed by an adult, would be classified as:
(A) Rape as defined in 18 Pa.C.S. § 3121.
(B) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123.
(C) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii).
(D) Robbery of motor vehicle as defined in 18
Pa.C.S. § 3702.
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125.
(F) Kidnapping as defined in 18 Pa.C.S. § 2901.
(G) Voluntary manslaughter.
(H) An attempt, conspiracy or solicitation to
commit murder or any of these crimes as provided in
18 Pa.C.S. §§ 901, 902 and 903.
[(iv) Summary offenses.
(v) A crime committed by a child who has been found
guilty in a criminal proceeding for other than a summary
offense.]
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"Delinquent child." Any of the following:
(1) A child [ten] 13 years of age or older whom the
court has found to have committed a delinquent act and for
whom it is established is in need of treatment, supervision
or rehabilitation.
(2) A child 12 years of age or older whom the court has
found to have committed one of the following and for whom it
is established is in need of treatment, supervision or
rehabilitation:
(i) The crime of murder.
(ii) A sexual offense that would be designated as a
felony of the first degree if committed by an adult.
(3) The term does not include a child who is found to
have committed a summary offense or failed to comply with a
lawful sentence imposed for a summary offense.
* * *
"Material loss." Any of the following:
(1) A financial loss found by the court to have been
caused by a delinquent act of a child and is:
(i) an uninsured property loss;
(ii) a deductible paid on an insurance claim for
property;
(iii) an actual loss of wages because of bodily
injury;
(iv) an uninsured medical expense from bodily
injury; or
(v) a cost incurred due to emotional distress or
trauma, including counseling and therapy services.
(2) A material loss that entitled a person to receive
compensation from the Crime Victim Services and Compensation
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Fund.
* * *
Section 2. Section 6352(a) and (c) of Title 42, amended
October 16, 2024 (P.L.1003, No.107), are IS amended and the
section is amended by adding subsections to read:
§ 6352. Disposition of delinquent child.
(a) General rule.--If the child is found to be a delinquent
child the court may make any of the following orders of
disposition determined to be consistent with the protection of
the public interest and best suited to the child's treatment,
supervision, rehabilitation and welfare, which disposition
shall, as appropriate to the individual circumstances of the
child's case, provide balanced attention to the protection of
the community, the imposition of accountability for offenses
committed and the development of competencies to enable the
child to become a responsible and productive member of the
community:
(1) Any order authorized by section 6351 (relating to
disposition of dependent child).
(2) Placing the child on probation under supervision of
the probation officer of the court or the court of another
state as provided in section 6363 (relating to ordering
foreign supervision), under conditions and limitations the
court prescribes[.] in accordance with the following:
(i) For a misdemeanor, a term of probation may not
exceed 12 months per petition or course of conduct. A
term of probation may be extended up to an additional
three months in order to complete an evidence-based
program or court-approved program.
(ii) For a felony, a term of probation may not
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exceed 18 months per petition or course of conduct. A
term of probation may be extended up to an additional
three months to complete an evidence-based program or
court-approved program.
(iii) Upon completion of the original probation term
or extension, the court shall close probation. The court
may refer the child to dependency if warranted.
(3) [Committing] In accordance with subsection (a.1),
committing the child to an institution, youth development
center, camp, or other facility for delinquent children
operated under the direction or supervision of the court or
other public authority and approved by the Department of
[Public Welfare] Human Services.
(4) [If] In accordance with subsection (a.1), if the
child is [12] 13 years of age or older, committing the child
to an institution operated by the Department of [Public
Welfare] Human Services.
(5) Ordering payment by the child of reasonable amounts
of [money as fines, costs, fees or] restitution as deemed
appropriate as part of the plan of rehabilitation
[considering the nature of the acts committed and the earning
capacity of the child] and subject to the requirements under
subsection (c.1), including a contribution to a restitution
fund not to exceed $10 and a contribution to the Crime
Victims Services and Compensation Fund not to exceed $25. The
president judge of the court of common pleas shall establish
a restitution fund for the deposit of all contributions to
the restitution fund which are received or collected. The
president judge of the court of common pleas shall promulgate
written guidelines for the administration of the fund.
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Disbursements from the fund shall be made, subject to the
written guidelines and the limitations of this chapter, at
the discretion of the president judge and used to reimburse
crime victims for financial losses resulting from delinquent
acts. For an order made under this subsection, the court
[shall] may retain jurisdiction until there has been full
compliance with the order or until the delinquent child
attains 21 years of age. Any restitution order which remains
unpaid at the time the child attains 21 years of age [shall]
may continue to be collectible under section 9728 (relating
to collection of restitution, reparation, fees, costs, fines
and penalties). No restitution may be forgiven without
providing a victim with timely notice of a hearing on the
forgiveness of restitution and without the court issuing
findings on the record.
(6) An order of the terms of probation may include [an
appropriate fine considering the nature of the act committed
or] restitution not in excess of actual damages caused by the
child and subject to the requirements under subsection (c.1),
which shall be paid from the earnings of the child received
through participation in a constructive program of service or
education acceptable to the victim and the court whereby,
during the course of such service, the child shall be paid
not less than the minimum wage of this Commonwealth. In
ordering such service, the court shall take into
consideration the age, physical and mental capacity of the
child and the service shall be designed to impress upon the
child a sense of responsibility for the injuries caused to
the person or property of another. The order of the court
shall be limited in duration consistent with the limitations
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in section 6353 (relating to limitation on and change in
place of commitment and disposition review hearing) and in
the former act of May 13, 1915 (P.L.286, No.177), known as
the Child Labor Law. The court order shall specify the nature
of the work, the number of hours to be spent performing the
assigned tasks, and shall further specify that as part of a
plan of treatment and rehabilitation that up to 75% of the
earnings of the child be used for restitution in order to
provide positive reinforcement for the work performed.
(7) EXCEPT AS DESCRIBED UNDER PARAGRAPHS (5) AND (6) AND
IN ACCORDANCE WITH SUBSECTION (C.1), THE COURT MAY NOT ORDER
ANY OTHER PAYMENT OF MONEY BY THE CHILD OR THE CHILD'S
PARENTS OR GUARDIANS, INCLUDING FINES, COSTS, FEES OR
RESTITUTION.
In selecting from the alternatives set forth in this section,
the court shall follow the general principle that the
disposition imposed should provide the means through which the
provisions of this chapter are executed and enforced consistent
with section 6301(b) (relating to [purposes] short title and
purposes of chapter) and when confinement is necessary, the
court shall impose the minimum amount of confinement that is
consistent with the protection of the public and the
rehabilitation needs of the child.
(a.1) Removal from home.--
(1) A child may not be removed from the child's home as
disposition for an adjudication of delinquency under
subsection (a), unless the court determines that at least one
of the following applies:
(i) The child poses a significant risk to the safety
of a victim. In determining whether the child poses a
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significant risk to the safety of a victim, the court
shall consider all of the following:
(A) The community and family supports for the
child.
(B) All possible community-based services and
supports that would lessen the risk of physical harm.
(C) Mitigating evidence on behalf of the child.
(D) Whether the child used a deadly weapon in
the commission of the offense.
(E) Whether the child intentionally inflicted
serious bodily injury upon another person in the
commission of the offense.
(F) The nature of the offense.
(ii) By assessment, the child is medically in need
of residential drug and alcohol treatment or mental
health services.
(iii) By assessment, residential treatment is the
most appropriate and least restrictive setting for a
child adjudicated delinquent of a sexual offense.
(2) In cases where the court has determined, after
consideration, that removal and placement of the child is
found to be appropriate and has assigned the least
restrictive dispositional option available, the court shall
provide the court's reasons for removal and placement of the
child on the record and in writing.
(a.2) Placement out of home prohibited.--The court may not
remove a child from the child's home for any of the following
reasons:
(1) A technical violation of the terms and conditions of
an order of probation, which shall not include any of the
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following:
(i) The commission of a new offense in which the
child is adjudicated delinquent or convicted in a court
of record.
(ii) The violation of a no-contact order that places
the safety of the community or a victim at risk.
(iii) Repeated violations of probation for an
offense involving the threat to or use or possession of a
deadly weapon or the intentional infliction of serious
bodily injury to a victim,
(2) Lack of outpatient treatment options in the
community absent a recommendation to do so through an
independent assessment that determines drug, alcohol or
mental health services are medically necessary.
(3) Concerns related to the welfare, safety, neglect or
health of the child. Concerns under this paragraph shall be
referred to the appropriate child welfare agency.
(a.3) Placement out of State.--A child removed from the
child's home under subsection (a.2) may not be placed out of
State unless medically needed services recommended by assessment
are not available in this Commonwealth.
(a.4) Placement not to be extended.--
(1) If the court imposes a disposition of out-of-home
placement in response to an adjudication of delinquency, the
period of commitment shall not exceed six months. The court
may extend the period of placement for an additional three
months if the court finds any of the following:
(i) An extension is necessary to complete an
evidence-based program or a program rated by a
standardized tool as effective for reducing recidivism,
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consistent with the child's assessed criminogenic needs,
that is already underway and that cannot be completed in
the community.
(ii) A child adjudicated for murder or a sexual
offense designated as a felony of the first degree if
committed by an adult poses a threat to the safety of the
community or a victim in consideration of subsection
(a.1)(1).
(2) In cases where the court has determined that it is
necessary and appropriate to extend placement beyond six
months, the court shall contemporaneously state the reasons
for the continued placement of the child on the record and in
writing.
(3) The court shall not extend a period of commitment in
out-of-home placement, nor remove a child from placement, due
to behavior that is a manifestation of the child's
disability, unless agreed to by the child or upon a court
finding that the placement is not able to provide necessary
accommodations and support for the child's disability. Under
no circumstances shall a manifestation of disability serve as
grounds for a probation violation, technical violation or a
finding of failure to adjust. The following shall apply:
(i) In cases where a child with a disability's
behavior in an out-of-home placement forms a part of an
allegation of a probation violation, technical violation
or a failure to adjust, the court shall conduct a
manifestation determination review with the child and the
child's parents or guardians to determine whether the
behavior in question reflected a manifestation of the
child's disability. At a minimum, the court shall review
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all of the following:
(A) The current or most recent individualized
education plan, 504 plan, functional behavioral
assessment or positive behavioral support plan.
(B) Teacher observations, therapist
recommendations and most recent assessments.
(C) Related information as to whether the
conduct in question was caused by, or had a direct
and substantial relationship to, the child's
disability.
(D) Related information as to whether the
conduct in question was the direct result of the
failure to implement a current individualized
education plan, 504 plan or any recommended
therapeutic support or reasonable extension of
therapeutic support.
(ii) If the court determines that the conduct was a
manifestation of the child's disability, the court shall:
(A) return the child to the placement with
proper supports, transfer the child without support
to a more appropriate placement if the child agrees
or return the child to the child's home; and
(B) order a functional behavioral assessment,
unless a functional behavioral assessment had
occurred before the behavior in question and a
behavioral intervention plan for the child was
implemented; or
(C) review the behavioral intervention plan and
modify it, as necessary, to address the behavior.
(4) Nothing in this subsection is intended to alter or
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limit related rights under Federal or State law or to limit
consideration of matters in any aspect of the dependency or
delinquency systems.
* * *
(c) Required statement of reasons.--Prior to entering an
order of disposition under subsection (a), the court shall state
its disposition and the reasons for its disposition on the
record in open court, together with the goals, terms and
conditions of that disposition. If the child is to be committed
to out-of-home placement, the court shall also state the name of
the specific facility or type of facility to which the child
will be committed and its findings and conclusions of law that
formed the basis of its decision consistent with subsection (a)
and section 6301, including the reasons why commitment to that
facility or type of facility was determined to be the least
restrictive placement that is consistent with the protection of
the public and best suited to the child's treatment,
supervision, rehabilitation and welfare. The following shall
apply:
(1) Prior to entering an order committing a child with
an individualized education plan or 504 plan to an out-of-
home placement, the court shall make an independent
determination on the record if the child will be provided a
free appropriate public education while in the placement,
including receiving services specified in the child's current
individualized education plan or 504 plan.
(2) If a child's individualized education plan or 504
plan cannot be implemented, followed or measured to provide a
free and appropriate public education as required under 20
U.S.C. Ch. 33 (relating to education of individuals with
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disabilities) at an out-of-home placement, the out-of-home
placement shall be deemed an inappropriate placement for the
child, and the child shall not be mandated to that placement.
* * *
(c.1) Restitution.--
(1) Restitution shall be ordered after a finding that
the requested restitution constitutes a material loss and is
owed to the actual victim and a hearing is held on the
child's ability to pay. In determining whether the child will
be able to pay restitution, the following shall apply:
(i) The court shall consider the age of the child
and whether the child is able to legally obtain
employment.
(ii) The court may not consider the income or assets
of the parents of the child.
(iii) The court shall consider the ability of the
court and probation department to assist the child in
paying the restitution, including the existence of
restitution funds, community service or work programs.
(iv) The court shall consider whether the victim is
willing to accept another form of restorative justice in
lieu of payment of money.
(v) The court shall consider whether the child will
be able to pay restitution in the time that the child is
reasonably expected to be under supervision.
(2) If restitution cannot be paid in full by the child,
the court shall implement an installment plan consistent with
the probation goals deemed necessary for the child. No child
who has the ability to pay shall be ordered to pay a monthly
installment amount greater than five hours of minimum wage of
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this Commonwealth.
(3) At each post-disposition review proceeding, the
court shall make findings of the progress a child has made
toward satisfying the order for restitution and shall inquire
as to the assistance given to the child by the probation
department and placement providers. A child shall have at
least one review hearing every four months. The court may
schedule a review hearing at any time or upon motion of a
parent or legal guardian.
(4) The court may modify the order for restitution at a
post-disposition review proceeding, provided the victim has
an opportunity to object by receiving notice of the hearing.
(5) If a child has satisfied all conditions of
supervision other than payment of restitution in full, the
court shall enter an order for termination of supervision,
provided the victim has an opportunity to object by receiving
notice of the hearing. The court shall make findings on the
record with regard to the reason for the termination of
supervision and forgiveness of outstanding restitution. The
court shall not index a civil judgment against the child.
Nothing in this paragraph shall be construed to preclude a
victim from pursuing civil judgments against a responsible
party.
(c.2) Educational stability.--
(1) An order resulting in the removal of a child from
the child's home or a change in placement shall address the
educational stability of the child.
(2) A child removed from home shall remain in the
child's school of origin unless the court finds that
remaining in the school of origin is not in the child's best
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interest or protection of the community. If the court finds
that it is not in the best interest for the child or
protection of the community to remain in the school of
origin, then the court may order the child to be enrolled in
another school that best meets the child's needs.
(3) If the court orders a child with a disability to be
enrolled in another school, the best interest determination
shall include a finding on the record that the school is
willing and able to provide a free and appropriate public
education under 20 U.S.C. Ch. 33 to the child, including
following, monitoring and measuring individualized education
plan goals.
(4) If a court orders a child to be enrolled in another
school under paragraph (2), the child shall attend a public
school unless the court finds that a public school is not in
the best interest of the child or protection of the
community.
(c.3) Employment in placement.--
(C.2) EMPLOYMENT IN PLACEMENT.-- A child employed by the
placement shall not be paid less than the minimum wage under
section 4 of the act of January 17, 1968 (P.L.11, No.5), known
as The Minimum Wage Act of 1968.
* * *
Section 3. This act shall take effect in 60 days.
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