An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, further providing for informal adjustment; and making an editorial change.

PRIOR PRINTER'S NOS. 2445, 2617 PRINTER'S NO. 2858
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 144
Session of
2025
INTRODUCED BY KRAJEWSKI, SANCHEZ, WAXMAN, K.HARRIS, CEPHAS,
MADDEN, FIEDLER, KAZEEM, OTTEN, KINKEAD, MAYES, CEPEDA-
FREYTIZ, RIVERA, STEELE, SHUSTERMAN, BURGOS, KHAN,
HOHENSTEIN, DOUGHERTY, BOYD AND FRANKEL, OCTOBER 10, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 3, 2026
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
further providing for informal adjustment; and making an
editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "dependent child" in section
6302 of Title 42 of the Pennsylvania Consolidated Statutes is
amended 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:
* * *
"Dependent child." A child who:
(1) is without proper parental care or control,
subsistence, education as required by law, or other care or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
control necessary for his physical, mental, or emotional
health, or morals. A determination that there is a lack of
proper parental care or control may be based upon evidence of
conduct by the parent, guardian or other custodian that
places the health, safety or welfare of the child at risk,
including evidence of the parent's, guardian's or other
custodian's use of alcohol or a controlled substance that
places the health, safety or welfare of the child at risk;
(2) has been placed for care or adoption in violation of
law;
(3) has been abandoned by his parents, guardian, or
other custodian;
(4) is without a parent, guardian, or legal custodian;
(5) while subject to compulsory school attendance is
habitually and without justification truant from school;
(6) has committed a specific act or acts of habitual
disobedience of the reasonable and lawful commands of his
parent, guardian or other custodian and who is ungovernable
and found to be in need of care, treatment or supervision;
(7) has committed a delinquent act or crime, other than
a summary offense, while under the age of ten years;
(8) has been formerly adjudicated dependent, and is
under the jurisdiction of the court, subject to its
conditions or placements and who commits an act which is
defined as ungovernable in paragraph (6);
(9) has been referred pursuant to section 6323 (relating
to informal adjustment and diversion), and who commits an act
which is defined as ungovernable in paragraph (6); or
(10) is born to a parent whose parental rights with
regard to another child have been involuntarily terminated
20250HB0144PN2858 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
under 23 Pa.C.S. § 2511 (relating to grounds for involuntary
termination) within three years immediately preceding the
date of birth of the child and conduct of the parent poses a
risk to the health, safety or welfare of the child.
* * *
Section 2. Section 6323 of Title 42, amended October 16,
2024 (P.L.1006, No.108), is amended to read:
§ 6323. Informal adjustment and diversion.
(a) General rule.--
(1) Before a petition is filed, the probation officer or
other officer of the court designated by it, subject to its
direction, shall, in the case of a dependent child where the
jurisdiction of the court is premised upon the provisions of
paragraph (1), (2), (3), (4), (5) or (7) of the definition of
"dependent child" in section 6302 (relating to definitions)
and if otherwise appropriate, refer the child and [his] the
child's parents to any public or private social agency
available for assisting in the matter. Upon referral, the
agency shall indicate its willingness to accept the child and
shall report back to the referring officer within three
months concerning the status of the referral.
(2) Similarly, the probation officer may in the case of
a delinquent child, or a dependent child where the
jurisdiction of the court is permitted under paragraph (6) of
the definition of "dependent child" in section 6302, refer
the child and [his] the child's parents to an agency for
assisting in the matter.
(3) The agency may return the referral to the probation
officer, local government agency or other officer for further
informal adjustment or other diversion program if it is in
20250HB0144PN2858 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the best interests of the child.
(b) Counsel and advice.--Such social agencies and the
probation officer or other officer of the court [may]:
(1) May give counsel and advice to the parties with a
view to an informal adjustment or other diversion program if
it appears:
[(1)] (i) counsel and advice without an adjudication
would be in the best interest of the public and the
child;
[(2)] (ii) the child and [his] the child's parents,
guardian, or other custodian consent thereto with
knowledge that consent is not obligatory; and
[(3)] (iii) in the case of the probation officer or
other officer of the court, the admitted facts bring the
case within the jurisdiction of the court.
(2) Shall offer the child an opportunity to complete an
informal adjustment or other diversion program if:
(i) the child has fewer than three prior informal
adjustments or prepetition diversions in the past three
years;
(ii) the child is referred for any offense except
those enumerated in section 9714(g) (relating to
sentences for second and subsequent offenses) or 18
Pa.C.S. § 2502 (relating to murder);
(iii) the child and the child's parents, guardian or
other custodian provide informed consent, with knowledge
that consent is not obligatory; and
(iv) in the opinion of the probation officer or
other officer of the court, the admitted facts bring the
case within the jurisdiction of the court.
20250HB0144PN2858 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(b.1) Construction.--Nothing in subsection (b) shall be
construed to prevent a probation officer from offering an
informal adjustment or other diversion program when it is in the
best interest of the child, the victim and the public,
consistent with subsection (h).
(c) Limitation on duration of counsel and advice.--The
giving of counsel and advice by the probation or other officer
of the court shall not extend beyond [six] four months from the
day commenced unless extended by an order of court for an
additional period not to exceed [three] two months.
(d) No detention authorized or admission of guilt.--Nothing
contained in this section shall authorize the detention of the
child[.] or require an admission of guilt as a prerequisite to
any informal adjustment or diversion program.
(d.1) No monetary obligations other than restitution
authorized.--Notwithstanding any other provision of law, an
informal adjustment or other diversion program under this
section shall not incorporate fines, fees, costs or other
monetary obligation, nor shall a child with an informal
adjustment be ordered to participate in a program or service
that requires the child or the child's family to pay a fee, cost
or other monetary obligation, except costs imposed under section
1101 of the act of November 24, 1998 (P.L.882, No.111), known as
the Crime Victims Act.
(e) Privileged statements.--An incriminating statement made
by a participant to the person giving counsel or advice and in
the discussions or conferences incident thereto shall not be
used against the declarant over objection in any criminal
proceeding or hearing under this chapter.
(f) Terms and conditions.--The terms and conditions of an
20250HB0144PN2858 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
informal adjustment may include payment by the child of
reasonable amounts of [money as costs, fees or] restitution,
including a [supervision fee and] contribution to a restitution
fund established by the president judge of the court of common
pleas pursuant to section 6352(a)(5) (relating to disposition of
delinquent child).
(g) Expungement of records.--Upon motion, or sua sponte,
including upon receiving notice under section 6304(a.2)
(relating to powers and duties of probation officers), the court
shall commence expungement proceedings under 18 Pa.C.S. § 9123
(relating to juvenile records) and the Pennsylvania Rules of
Juvenile Court Procedure if the court finds:
(1) six months have elapsed since the child's successful
discharge from informal adjustment supervision; and
(2) no proceeding seeking adjudication or conviction is
pending.
(h) Notification and input to victims.--Prior to final
acceptance of a juvenile into a diversion program, the district
attorney or juvenile probation office shall notify the victim of
the alleged offense, eligibility criteria for diversion,
conditions or program proposed, and the victim's opportunity to
provide a written or oral statement:
(1) Providing the victim's perspective on the offense
and proposed diversion.
(2) Requesting consideration of restitution, community
service or other appropriate conditions of diversion.
(3) If applicable, and to the extent available and
appropriate, indicating a preference regarding participation
in restorative justice or victim-offender dialogue.
(4) Requesting protective measures and reasonable
20250HB0144PN2858 - 6 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
accommodations.
(5) Providing input on any other victim-relevant
considerations.
(H) NOTIFICATION AND INPUT TO VICTIMS.--
(1) PRIOR TO FINAL ACCEPTANCE OF A JUVENILE INTO A
DIVERSION PROGRAM, THE DISTRICT ATTORNEY OR JUVENILE
PROBATION OFFICE SHALL NOTIFY THE VICTIM OF THE ALLEGED
OFFENSE, ELIGIBILITY CRITERIA FOR DIVERSION, CONDITIONS OR
PROGRAM PROPOSED, AND THE VICTIM'S OPPORTUNITY TO PROVIDE A
WRITTEN OR ORAL STATEMENT WITHIN 30 DAYS OF NOTIFICATION:
(I) PROVIDING THE VICTIM'S PERSPECTIVE ON THE
OFFENSE AND PROPOSED DIVERSION.
(II) REQUESTING CONSIDERATION OF RESTITUTION,
COMMUNITY SERVICE OR OTHER APPROPRIATE CONDITIONS OF
DIVERSION.
(III) IF APPLICABLE, AND TO THE EXTENT AVAILABLE AND
APPROPRIATE, INDICATING A PREFERENCE REGARDING
PARTICIPATION IN RESTORATIVE JUSTICE OR VICTIM-OFFENDER
DIALOGUE.
(IV) REQUESTING PROTECTIVE MEASURES AND REASONABLE
ACCOMMODATIONS.
(V) PROVIDING INPUT ON ANY OTHER VICTIM-RELEVANT
CONSIDERATIONS.
(2) NOTWITHSTANDING SUBSECTION (B)(2), IF THE JUVENILE'S
VICTIM OPPOSES THE JUVENILE'S COMPLETION OF INFORMAL
ADJUSTMENT OR ENTRY INTO A DIVERSION PROGRAM, THE DISTRICT
ATTORNEY OR JUVENILE PROBATION OFFICE SHALL NOTIFY THE COURT
AND THE COURT SHALL FIX A TIME FOR A REVIEW HEARING WHICH, IF
THE CHILD IS IN DETENTION OR SHELTER CARE, SHALL NOT BE LATER
THAN 10 DAYS AFTER NOTIFICATION TO THE COURT FROM THE
20250HB0144PN2858 - 7 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
DISTRICT ATTORNEY OR JUVENILE PROBATION OFFICE.
(i) Construction and confidentiality.--Nothing in this
section shall be construed to preclude rights of victims of
crime established by the Crime Victims Act, or responsibilities
established by section 1318.1 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949 . All
communications and notifications pursuant to this section shall
be maintained as confidential.
(j) Definition.--As used in this section, the term
"diversion program" means an alternative to initial or continued
formal processing of youths in the juvenile delinquency system.
Section 3. This act shall take effect in 60 days.
20250HB0144PN2858 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12