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PRIOR PRINTER'S NO. 2435 PRINTER'S NO. 2861
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1936
Session of
2025
INTRODUCED BY BELLMON, CARROLL, WAXMAN, HOWARD, KINKEAD,
McNEILL, HOHENSTEIN, MAYES, HILL-EVANS, POWELL, KHAN,
DOUGHERTY, D. WILLIAMS, SANCHEZ, BOYD, CURRY, GREEN,
KRAJEWSKI, FRANKEL AND WEBSTER, OCTOBER 8, 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 release or holding of hearing, for
disposition of delinquent child and for limitation on and
change in place of commitment and disposition review hearing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6335(a) of Title 42 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding subsections to read:
§ 6335. Release or holding of hearing.
(a) [General rule] Scheduling of hearing.--After the
petition has been filed alleging the child to be dependent or
delinquent, the court shall fix a time for hearing thereon,
which, if the child is in detention or shelter care shall not be
later than ten days after the filing of the petition. Except as
provided in subsection (f), if the hearing is not held within
such time, the child shall be immediately released from
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detention or shelter care.
(a.1) Additional time in shelter care .-- A child may be
detained or kept in shelter care, after the period specified
under subsection (a), for an additional single period not to
exceed ten days where:
(1) the court determines at a hearing that:
(i) evidence material to the case is unavailable;
(ii) due diligence to obtain such evidence has been
exercised; and
(iii) there are reasonable grounds to believe that
such evidence will be available at a later date; [and]
(2) the court finds by clear and convincing evidence
that:
(i) the life of the child would be in danger;
(ii) the community would be exposed to a specific
danger; or
(iii) the child will abscond or be removed from the
jurisdiction of the court[.]; and
(3) the court finds by clear and convincing evidence
that:
(i) no condition or combination of release
conditions or community-based alternatives to detention
provide a reasonable assurance of public safety; and
(ii) the harm caused to the child by the cumulative
secure detention, SHELTER CARE, separation from the
child's home, school and community is substantially
outweighed by the need to maintain the child in secure
detention OR SHELTER CARE . When determining the harm
caused to the child, the court shall also consider the
heightened harm of cumulative secure detention OR SHELTER
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CARE time and the resulting extended separation from the
child's home, school and community on the child's well-
being.
(a.2) Summons.--
(1) The court shall direct the issuance of a summons to
the parents, guardian, or other custodian, a guardian ad
litem, and any other persons as appear to the court to be
proper or necessary parties to the proceeding, requiring them
to appear before the court at the time fixed to answer the
allegations of the petition.
(2) The summons shall also be directed to the child if
[he] the child is 14 or more years of age or is alleged to be
a delinquent.
(3) A copy of the petition shall accompany the summons.
* * *
(g) Consideration of cumulative secure detention time.--The
court shall take into consideration the cumulative secure
detention time when determining the duration of detention and
the best interests of the child, including reducing the harm
caused to the child by separation from home, school and
community.
(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Cumulative secure detention time." The total length of stay
of a child in secure detention both prior to and after
adjudication.
Section 2. Section 6352 of Title 42 is amended by adding
subsections to read:
§ 6352. Disposition of delinquent child.
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* * *
(B.1) CONSIDERATION OF DETENTION TIME.--IF THE COURT ISSUES
AN ORDER COMMITTING A CHILD TO A FACILITY DESIGNED OR OPERATED
FOR THE BENEFIT OF DELINQUENT CHILDREN FOR A PERIOD OF 18 MONTHS
OR MORE, THE COURT SHALL TAKE INTO CONSIDERATION THE CHILD'S
LENGTH OF DETENTION WHEN DETERMINING THE DURATION OF THE
DISPOSITION AND THE BEST INTERESTS OF THE CHILD, INCLUDING
REDUCING THE HARM CAUSED TO THE CHILD BY SEPARATION FROM HOME,
SCHOOL AND COMMUNITY.
* * *
(c.1) Transfer.--A child committed to an institution or
other A facility designed or operated for the benefit of
delinquent children shall be transferred to the ordered
placement no more than seven 20 business days after the court
orders the commitment , UNLESS INDIVIDUALIZED CIRCUMSTANCES
NECESSITATE A DELAY IN PLACEMENT .
(c.2) Release pending transfer.--
(1) If the child is not transferred to the court-ordered
placement within seven business days of commitment THE TIME
PERIOD UNDER SUBSECTION (C.1) , the court shall MAY hold a
review hearing no more than 10 days after the placement order
was entered to determine the child's continued detention
status.
(2) At the review hearing under paragraph (1), the court
shall MAY order the child's release pending the availability
of a secure placement unless:
(i) the child has already been transferred to
placement; or
(ii) the court finds by clear and convincing
evidence, and states its findings on the record, that:
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(A) the child's transfer is impractical,
including a bed not being available for the child and
the existence or likelihood of a State emergency or
disaster or any other condition that may interfere
with the child's transfer; and
(B) the child's release presents a risk of harm
to a specific individual and the risk cannot be
mitigated through community-based alternatives or
conditions of release.
(3) At the review hearing under paragraph (1), the court
may impose nonfinancial conditions of release, including
electronic monitoring, curfew or participation in community-
based alternatives, if the court determines the conditions
are necessary to mitigate imminent and serious risk of harm
to a specific individual and provide a reasonable assurance
of the child's attendance at future court dates.
(4) If, following the review hearing mandated under
paragraph (1), a child remains detained in secure detention
pending transfer, the court shall reduce the court-ordered
specified length of time committed to the placement by each
day that passes between the transfer review hearing under
paragraph (1) and the child's transfer placement.
(5) A child detained pending transfer shall be entitled
to the review hearing under paragraph (1) every 10 days until
the child is transferred to placement.
(6) If the court makes three consecutive findings of
detention under paragraphs (1) and (2) and no transfer has
occurred, the child shall be released with community-based
alternatives to detention pending availability of placement,
unless the court determines the child poses an imminent risk
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of bodily injury to a specific individual and the risk cannot
be mitigated through community-based alternatives or
conditions of release. The court shall make an individualized
finding in writing and on the record.
(7) (4) A child who was released pending availability of
placement shall MAY return to court to be committed when the
placement is available AS DIRECTED BY THE COURT .
* * *
Section 3. Section 6353(a.1)(2) of Title 42, added October
16, 2024 (P.L.1003, No.107), is amended and the subsection is
amended by adding a paragraph to read:
§ 6353. Limitation on and change in place of commitment and
disposition review hearing.
* * *
(a.1) Disposition review hearings.--
* * *
(2) At a disposition review hearing under paragraph (1),
the court shall, at a minimum, determine:
(i) whether the child is receiving the necessary
services or treatment contemplated by the court's
disposition;
(i.1) the child's education needs and the child's
access to appropriate educational services, including
whether the child's education program meets the required
standards and whether the child is making progress toward
high school graduation;
(i.2) whether the placement recommends the child be
placed in a less restrictive environment;
(ii) whether the child continues to pose a threat to
the community which cannot be mitigated by available
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community-based services;
(iii) whether additional services or treatment are
needed and whether the services or treatment are
available in a less restrictive setting;
(iv) whether the child should continue in placement
or be released from placement under aftercare
supervision; [and]
(iv.1) if released from placement under aftercare
supervision, whether the least restrictive conditions of
supervision necessary are used to provide assurance of
public safety; and
(v) the date of the next disposition review hearing.
* * *
(4) The following apply to p resumption of release:
(i) If the court finds that the child has completed
the services available in the placement or the placement
recommends the release of the child, there shall be a
presumption in favor of the child's release unless the
court finds by clear and convincing evidence that:
(A) the child's release poses a significant risk
to public safety that cannot be mitigated by
available community-based services or conditions of
release;
(B) t he child requires further services or
treatment that are available at the placement and not
available in a less restrictive setting; and
(C) the harm inflicted on the child by continued
placement is outweighed by the need for the child's
continued placement.
(ii) In considering the harm inflicted on the child
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by continued placement, the court shall consider:
(A) the entire length of time the child has been
separated from the home, school and community,
including the number of days detained in a secure
detention facility pending adjudication and transfer
to the placement; and
(B) any educational disruption, the child's
educational needs and access to services, including
the child's need for specialized services, such as
special education or language instruction, and the
child's progress toward graduation during that time.
* * *
Section 4. This act shall take effect in 60 days.
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