Juvenile Defenders Association of Pennsylvania (JDAP): Publications

A Snapshot of Juvenile Sex Offender Registration and Notification Laws

Nicole Pittman and Quyen Nguyen are delighted to present to you an electronic copy of A Snapshot of Juvenile Sex Offender Registration and Notification Laws: A Survey of the United States. The Snapshot consist of background information, charts, maps, and brief summaries detailing the sex offender laws applied to children in the 50 States and the District of Columbia.

This survey is intended to serve as a comprehensive reference guide on sex offender registration and notification laws as applied to children adjudicated delinquent in the juvenile justice system in the United States. The Snapshot surveys the laws in effect at a specific point in time. (The chosen “snapshot” in time is May 1, 2011).

This publication was designed to help juvenile defenders as we continue to fight for the rights of our clients charged with sexual assaults. It is our hope that the Snapshot will provide a straightforward reference guide to the sex offender registration laws as they relate to children during this time of great flux as jurisdictions wrestle with the Sex Offender Registration and Notification Act (SORNA) compliance.

PURPOSE AND UTILITY OF THE SNAPSHOT

To remind juvenile defenders that they are not alone in the fight. We want you, as juvenile defenders, to know that you are not alone in this fight. We hear you when you say you feel ill-equipped to advise youth charged with sex offenses during this great time of flux in the laws.
To help us adequately advise our clients charged with as sexual offense through all stages of the proceeding. It is our hope that the information on the unintended consequences of sex offender registration laws can also be used as leverage with some prosecutors and judges, who could never have imagined a scenario where such punitive measures would attach to a juvenile adjudication of delinquency.
To enhance post-dispositional advocacy. Knowing the laws in other states can help us minimize the possible harm that could come from sending a child out-of-state. As defenders we must be aware that registration can attach to out-of-state residents. This means that we must check the registration laws of states before allowing our youthful clients to move to another jurisdiction.
1. Example #1 - State A does not have juvenile registration. Your client is adjudicated delinquent of a sex offense in State A and wants to move to live with his grandmother in State B. Because State B does register children, client could be forced to register in State B.
2. Example #2 – State X has juvenile registration that allows a child to petition for removal from the registry at the age of 18. Client moves to State Y to attend college. State Y has lifetime registration only. Client may be forced to register for life, even though his home state allowed him to petition for removal.

A Snapshot of Juvenile Sex Offender Registration and Notification Laws: A Survey of the United States

A Snapshot: The Executive Report

The Juvenile Act 2008

The purpose of the Juvenile Act is:

To preserve the unity of the family whenever possible or to provide another alternative permanent family when the unity of the family cannot be maintained.

To provide for the care, protection, safety and wholesome mental and physical development of children coming within the provisions.

Consistent with the protection of the public interest, remove from children committing delinquent acts programs of supervision, care and rehabilitation which provide balance attention to the protection of the community, the imposition of accountability for offenses committed and the development of competencies to enable children to become responsible and productive members of the community.

To achieve these purposes in a family environment whenever possible, separating the child from parents only when necessary for his/her welfare, safety or health or in the interests of public safety.

To provide means through which the Act’s provisions are executed and enforced, and in which the parties are assured a fair hearing and their constitutional and other legal rights are recognized and enforced.

View and/or print The Juvenile Act 2008.

Rules of Juvenile Court Procedure: Delinquency Matters

These rules are intended to provide for the just determination of every delinquency proceeding.
These rules establish uniform practice and procedure for courts exercising jurisdiction as provided in the Juvenile Act, 42 Pa.C.S. § 6301 et seq., and shall be construed to secure uniformity and simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay.
These rules shall be interpreted and construed to effectuate the purposes stated in the Juvenile Act, 42 Pa.C.S. § 6301(b).
To the extent practicable, these rules shall be construed in consonance with the rules of statutory construction.

View and/or print the PA Rules of Juvenile Court Procedure.

The PA Juvenile Defense Notebook

Coming Soon

Performance Guidelines for Quality and Effective Juvenile Delinquency Representation

In consultation with juvenile defenders from across the Commonwealth and national experts, JDAP has developed Performance Guidelines for Quality and Effective Juvenile Delinquency Representation (Guidelines). JDAP’s goal is to provide juvenile defenders, contract counsel, and assigned counsel, as well as the leadership of public defender offices with a clear set of guidelines that define evidence-based best practice standards for attorneys practicing in delinquency court. The Guidelines recognize and incorporate Pennsylvania’s Rules of Professional Conduct, Rules of Juvenile Court Procedure, and the Juvenile Act. They also reflect national standards established by the American Bar Association, the National Legal Aid and Defender Association and its American Council of Chief Defenders, and the National Juvenile Defender Center.

The Guidelines serve as a training and development tool for new attorneys who receive delinquency representation assignments. They also reaffirm for experienced counsel the considerations necessary to deliver quality legal representation. The Guidelines outline the representation steps that “may”, “should” or “must” be undertaken to provide competent, effective delinquency representation. They also emphasize the continuing duty of representation through the adjudicatory, disposition, post-disposition, and appellate phases of the juvenile court process.

Pennsylvania Juvenile Collateral Consequences Checklist

The purpose of the Pennsylvania Juvenile Collateral Consequences Checklist is to provide attorneys, judges and other juvenile justice professionals with the most up to date information available on the short term and long term consequences of juvenile adjudications of delinquency. It is the responsibility of defense attorneys to explain to clients and their families the consequences of delinquency adjudications prior to proceeding with consent decrees, adjudicatory hearings or admissions colloquies.

Summary of Pennsylvania Juvenile Collateral Consequences Checklist

NJDC Juvenile Defender Delinquency Notebook

What is the Juvenile Defender Delinquency Notebook?

This guide, updated and improved for 2006, describes in detail and with practical explanations how to zealously and effectively represent youth in delinquency cases. The Notebook is an invaluable tool for new juvenile defenders or attorneys looking to improve their advocacy in many areas of juvenile defense. It serves as a basis for NJDC training sessions, introducing defenders to skills and strategies for handling juvenile cases.

NJDC Juvenile Defender Delinquency Notebook
Calvin, E., Marcus, S., et al., Juvenile Defender Delinquency Notebook (2d. ed. Spring 2006)

Pennsylvania: An Assessment of Access to Counsel and Quality of Representation in Delinquency Proceedings

Illustrates that the unevenness of resources from county to county is in part caused by the lack of statewide standards and accountability. Pennsylvania has no uniform system for assigning indigent defense lawyers, provides no state funding to counties, and collects no data in oversight of county defender services. View and print the full report (in PDF format). More information about National Juvenile Defender Center assessments can be found at the NJDC website.

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