HB 1936 — 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.

PRIOR PRINTER'S NO.

2435 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

2861 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

WILLIAMS, SANCHEZ, BOYD, CURRYCURRY, GREEN, KRAJEWSKI, FRANKEL AND GREEN,WEBSTER, OCTOBER 8, 2025 REFERREDAS TOAMENDED COMMITTEE ON CHILDRENSECOND ANDCONSIDERATION, YOUTH,HOUSE OCTOBEROF 8,REPRESENTATIVES, 2025FEBRUARY 3, 2026 AN ACT Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, furtherdisposition providingof fordelinquent releasechild orand holdingfor oflimitation hearing,on forand change in place of commitment and disposition review hearing.

Section 6335(a) of Title 42 of the Pennsylvania Consolidated Statutes is amended and the section is amended by <-- adding subsections to read:

(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:

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.<-- 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 <-- 20250HB1936PN2861 - 2 - CARE time and the resulting extended separation from 20250HB1936PN2435 - 2 - the child's home, school and community on the child's well-being.well- being.

* * * (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.

20250HB1936PN2861 - 3 - * * * 20250HB1936PN2435(B.1) -CONSIDERATION 3OF -DETENTION (c.1)TIME.--IF Transfer.--ATHE childCOURT committedISSUES to<-- anAN institutionORDER orCOMMITTING otherA facilityCHILD designedTO orA operatedFACILITY forDESIGNED theOR benefitOPERATED ofFOR delinquentTHE childrenBENEFIT shallOF beDELINQUENT transferredCHILDREN toFOR theA orderedPERIOD placementOF no18 moreMONTHS thanOR sevenMORE, businessTHE daysCOURT afterSHALL theTAKE courtINTO ordersCONSIDERATION theTHE commitment.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.2)* Release* pending* transfer.--(c.1) (1)Transfer.--A Ifchild thecommitted childto isan notinstitution transferredor to<-- theother court-orderedA placementfacility withindesigned sevenor businessoperated daysfor the benefit of commitment,<-- thedelinquent courtchildren shall holdbe atransferred reviewto hearingthe ordered placement no more than 10seven 20 business days after the placementcourt order<-- wasorders enteredthe tocommitment, determineUNLESS theINDIVIDUALIZED child'sCIRCUMSTANCES continued<-- detentionNECESSITATE status.A DELAY IN PLACEMENT.

(2)(c.2) AtRelease pending transfer.-- (1) If the reviewchild hearingis undernot paragraphtransferred (1),to the courtcourt-ordered shallplacement orderwithin theseven child'sbusiness releasedays pendingof commitment THE TIME <-- PERIOD UNDER SUBSECTION (C.1), the availabilitycourt ofshall MAY hold a secure<-- review hearing no more than 10 days after the placement unless: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:

20250HB1936PN2861 - 4 - (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- 20250HB1936PN2435 - 4 - 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.

(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 20250HB1936PN2861 - 5 - of bodily injury to a specific individual and the risk cannot be mitigated through community-based alternatives or conditions of release.

(7) (4) A child who was released pending availability of <-- placement shall MAY return to court to be committed when the <-- placement is available.available AS DIRECTED BY THE COURT.

<-- * * * Section 3.

Limitation on and change in place of commitment and 20250HB1936PN2435 - 5 - disposition review hearing.

(ii) whether the child continues to pose a threat to the community which cannot be mitigated by available 20250HB1936PN2861 - 6 - community-based services;

20250HB1936PN2435 - 6 - * * * (4) The following apply to presumption of release:

(ii) In considering the harm inflicted on the child 20250HB1936PN2861 - 7 - 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;

* * * 20250HB1936PN2435 - 7 - Section 4.

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