6335 - Release or holding of hearing.

     § 6335.  Release or holding of hearing.        (a)  General rule.--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 detention or shelter care. A     child may be detained or kept in shelter care 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.     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. The     summons shall also be directed to the child if he is 14 or more     years of age or is alleged to be a delinquent. A copy of the     petition shall accompany the summons.        (b)  Personal appearance.--The court may endorse upon the     summons an order:            (1)  Directing the parents, guardian, or other custodian        of the child to appear personally at the hearing.            (2)  Directing the person having the physical custody or        control of the child to bring the child to the hearing.        (c)  Warrant of arrest.--If it appears from affidavit filed     or from sworn testimony before the court that the conduct,     condition, or surroundings of the child are endangering his     health or welfare or those of others, or that he may abscond or     be removed from the jurisdiction of the court or will not be     brought before the court notwithstanding the service of the     summons, the court may issue a warrant of arrest.        (d)  Form.--A summons and warrant of arrest shall be in such     form and shall be served as prescribed by general rules.        (e)  Waiver of service.--A party, other than the child, may     waive service of summons by written stipulation or by voluntary     appearance at the hearing. If the child is present at the     hearing, his counsel, with the consent of the parent, guardian,     or other custodian, or guardian ad litem, may waive service of     summons in his behalf.        (f)  Limitations on release.--The child shall not be released     from detention or shelter care under authority of subsection (a)     if the failure to hold a hearing within ten days after the     filing of the petition is the result of delay caused by the     child. Delay caused by the child shall include, but not be     limited to:            (1)  Delay caused by the unavailability of the child or        his attorney.            (2)  Delay caused by any continuance granted at the        request of the child or his attorney.            (3)  Delay caused by the unavailability of a witness        resulting from conduct by or on behalf of the child.     At the conclusion of any court proceeding in which the scheduled     hearing is not held, the court shall state on the record whether     the failure to hold the hearing resulted from delay caused by     the child. Where the court determines that failure to hold a     hearing is the result of delay caused by the child, the child     may continue to be held in detention or shelter care. However,     the additional period of detention shall not exceed ten days,     provided that such detention may be continued by the court for     successive ten-day intervals.     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 11, 1986,     P.L.1521, No.165, eff. 60 days; Oct. 11, 1995, 1st Sp.Sess.,     P.L.1058, No.21, eff. 60 days; Dec. 15, 1998, P.L.949, No.126,     eff. Jan. 1, 1999)        1998 Amendment.  Act 126 amended subsec. (a).        1995 Amendment.  Act 21, 1st Sp.Sess., amended subsec. (f).        1978 Amendment.  Act 53 amended the heading and subsec. (a).        Suspension by Court Rule.  Section 6335 was suspended by     Pennsylvania Rule of Juvenile Court Procedure No. 800(14),     amended February 26, 2008, insofar as it is inconsistent with     Rule 391 relating to time restrictions for detention for     juveniles scheduled for transfer hearing.        Subsection (c) was suspended by Pennsylvania Rule of Juvenile     Court Procedure No. 800(2), amended March 19, 2009, insofar as     it is inconsistent with Rules 124,140 and 364 relating to     summons and notice.        Subsection (c) was suspended by Pennsylvania Rule of Juvenile     Court Procedure No. 1800(1), amended March 19, 2009, insofar as     it is inconsistent with Rules 1124, 1140 and 1364 relating to     summons and notice.        Section 6335 was suspended by Pennsylvania Rule of Juvenile     Court Procedure No. 1800(10), adopted August 11, 2006, insofar     as it is inconsistent with Rule 1360 relating to adjudicatory     summons.        Cross References.  Section 6335 is referred to in section     6368 of Title 23 (Domestic Relations).