6327 - Place of detention.
§ 6327. Place of detention. (a) General rule.--A child alleged to be delinquent may be detained only in: (1) A licensed foster home or a home approved by the court. (2) A facility operated by a licensed child welfare agency or one approved by the court. (3) A detention home, camp, center or other facility for delinquent children which is under the direction or supervision of the court or other public authority or private agency, and is approved by the Department of Public Welfare. (4) Any other suitable place or facility, designated or operated by the court and approved by the Department of Public Welfare. Under no circumstances shall a child be detained in any facility with adults, or where the child is apt to be abused by other children. (b) Report by correctional officer of receipt of child.--The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court immediately if a person who is or appears to be under the age of 18 years is received at the facility and shall bring him before the court upon request or deliver him to a detention or shelter care facility designated by the court. (c) Detention in jail prohibited.--It is unlawful for any person in charge of or employed by a jail knowingly to receive for detention or to detain in the jail any person whom he has or should have reason to believe is a child unless, in a criminal proceeding, the child has been charged with or has been found guilty of an act set forth in paragraph (2)(i), (ii), (iii) or (v) of the definition of "delinquent act" in section 6302 (relating to definitions). (d) Transfer of child subject to criminal proceedings.--If a case is transferred for criminal prosecution the child may be transferred to the appropriate officer or detention facility in accordance with the law governing the detention of persons charged with crime. The court in making the transfer may order continued detention as a juvenile pending trial if the child is unable to provide bail. (e) Detention of dependent child.--A child alleged to be dependent may be detained or placed only in a Department of Public Welfare approved shelter care facility as stated in subsection (a)(1), (2) and (4), and shall not be detained in a jail or other facility intended or used for the detention of adults charged with criminal offenses, but may be detained in the same shelter care facilities with alleged or adjudicated delinquent children. (f) Development of approved shelter care programs.--The Department of Public Welfare shall develop or assist in the development in each county of this Commonwealth approved programs for the provision of shelter care for children needing these services who have been taken into custody under section 6324 (relating to taking into custody) and for children referred to or under the jurisdiction of the court. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 14, 1991, P.L.68, No.9, eff. 60 days; Mar. 29, 1996, P.L.51, No.17, eff. imd.; Dec. 20, 2000, P.L.946, No.129, eff. 60 days) 2000 Amendment. Act 129 amended subsec. (e). 1996 Amendment. Act 17 amended subsec. (c). 1991 Amendment. Act 9 amended subsec. (f). 1978 Amendment. Act 53 amended subsec. (a), relettered subsec. (c) to (d), amended and relettered subsec. (d) to (e) and added subsecs. (c) and (f). Special Provisions in Appendix. See sections 23, 25, 27 and 28 of Act 53 of 1978 in the appendix to this title for special provisions relating to detention facilities and services.