RULE 407. ADMISSIONS

A. Admissions. At any time after a petition is filed, the juvenile may tender an
   admission to some or all of the delinquent acts charged.

      1) Requirements.

             a) Before the court can accept an admission, the court shall determine
                that the admission is knowingly, intelligently, and voluntarily made.

             b) As a part of this determination, the court shall ensure:

                    i) an attorney has reviewed and completed the admission colloquy
                       with the juvenile pursuant to paragraph (C); and

                    ii) there is a factual basis for the admission.

             c) At the hearing, the court shall conduct an independent inquiry with the
                juvenile to determine:

                    i) whether the juvenile understands the nature of the allegations to
                       which he or she is admitting and understands what it means to
                       admit;

                    ii) whether the juvenile understands that he or she has the right to
                        a hearing before the judge and understands what occurs at a
                        hearing;

                    iii) whether the juvenile is aware of the dispositions that could be
                         imposed and the consequences of an adjudication of
                         delinquency that can result from an admission;

                    iv) whether the juvenile has any questions about the admission;
                        and

                    v) whether there are any other concerns apparent to the court after
                       such inquiry that should be answered.

      2) Agreements. If the parties agree upon the terms of an admission, the tender
         shall be presented to the court.
      3) Court [a]Action. If the court accepts the tender, the court shall enter an
         order incorporating any agreement. If the court does not accept the tender,
         the case shall proceed as if no tender had been made.

      4) Limitations on [w]Withdrawals. An admission may be withdrawn prior to
         the court entering the dispositional order. After the court has entered the
         dispositional order, an admission can be withdrawn only upon a
         demonstration of manifest injustice.

B. Incriminating [s]Statements. An incriminating statement made by a juvenile in the
   discussions or conferences incident to an admission that is not ultimately accepted
   by the court or otherwise permitted to be withdrawn by the court shall not be used
   against the juvenile over objection in any criminal proceeding or hearing under the
   Juvenile Act, 42 Pa.C.S. § 6301 et seq.

C. Written [a]Admission [c]Colloquy. If a juvenile is making an admission, the
   colloquy shall be:

      1) in writing;

      2) reviewed and completed with the juvenile by an attorney;

      3) submitted to and reviewed by the court; and

      4) substantially in the following form:
                            ADMISSION COLLOQUY FORM
       In re                          :         ______ JD _______
               (Juvenile)             :
                                      :   Delinquent Act(s): __________
                                      :   _________________________
                                      :   _________________________
                                      :   _________________________

Answer all of the questions on this form. If you do not understand any question, leave it
blank and ask your lawyer or the judge.

I admit that I did the following things (attorney shall list the delinquent acts, grading of
acts, and counts):_______________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

General Information:

1)     What is your full name?____________________________________________

2)     Do you have any other name or nickname?_____________
       If yes, state: ____________________________________________________

3)     How old are you today? _______________

4)     What grade are you in? _______________

5)     Can you read, write, and understand English? __________ (if yes, go to #6)

       a) If you cannot read, has someone read this form to you? _________

       If so, who? _____________________________________(print name)

       ____________________________________________
       (signature of reader verifies that the form has been read to the juvenile)

       b) If you do not read English, have you been given a translator or a lawyer who
          speaks your language? __________

       c) Did your translator or lawyer read this form to you and explain it? ________
      If so, who? _________________________________________(print name)

      ____________________________________________
      (signature of reader verifies that the form has been read to the juvenile)

Knowing and Voluntary Admission:


6)    Are you now a patient in a mental hospital [or institution]? __________
      a) If yes, where? _________________________________________________

      b) Are you being treated for a mental illness [(which is an illness that causes
      you to see a doctor for different behavior)]?      ___________

      c) If yes, what are you being treated for?_______________________________

7)    Have you taken any drugs or alcohol yesterday or today that do not make you
      think clearly?_________
             If yes, specify type of drugs and/or alcohol: ________________________

8)    Has anyone threatened or forced you to sign this form? __________
            If yes, explain: ______________________________________________

9)    Have you been promised anything for this admission?__________
            If yes, explain: ______________________________________________

Understanding the Admission:

10)   Has your lawyer told you what you did was against the law [(delinquent act)]?
      __________

11)   By admitting what you did, do you understand that you are giving up:

      a) the right to be presumed innocent, which means the judge does not think you
         broke the law until the D.A. (District Attorney) proves beyond a reasonable
         doubt that you broke the law (a reasonable doubt is a belief that it is very
         possible you did not break the law);__________

      b) the right to a hearing by a fair judge[, which means the judge will listen to
         what everyone has to say and look at all the evidence before deciding];
         __________
      c) the right to remain silent and your silence cannot be held against you[, which
         means you will not be punished for not speaking]; __________

      d) the right to [be heard, which means you may] tell the judge your side of the
         story [if you want]; ____________

      e) the right to [face and cross-examine witnesses, which means you can]
         ask [all] witnesses questions; __________

      f) the right to present witnesses or evidence to help tell your side of the story,
         but you do not have to do anything; __________

      g) the right to [challenge evidence against you, which means you] tell the
         judge you disagree with something; __________

      h) the right to [make objections and] ask [for rulings, which means] the
         judge [decides] to decide if he or she should hear certain [evidence]
         things; and __________

      i) the right to have [another court, which is an appellate court,] a higher
         court review this judge’s decision. __________

12)   Do you understand if the judge accepts your admission and believes you need
      help (finds you delinquent) [(“treatment, rehabilitation, and supervision”)],
      the judge may [find you delinquent, which means that you broke the law and
      need] make you get help? __________

Possible Consequences of Adjudication of Delinquency:

13)   Do you understand that if you are found delinquent, the judge may make you pay
      money and place you outside of your home or on probation until you turn 21
      years old? __________

14)   Are you aware that if you are admitting to ____________________________
      ________________________________________________________________
      that your driving license will be suspended now or in the future (which means you
      will not be able to drive)?
      (lawyer shall write acts on this line, cross off, or write n/a).

15)   Do you understand that this case can be used against you in the future? For
      example, if you break the law again, you may get a longer sentence in jail.
      __________
16)   Do you understand that if you are found delinquent, other people may find out
      about it? You may also have to tell people, including colleges, military recruiters,
      or employers? __________

17)   Do you understand that if you are not a U.S. citizen, it may cause problems,
      which could include being forced to leave the U.S.? ___________

Admission Agreements:

18)   Are you aware that the judge does not have to accept any agreement between
      you and the [D.A.] District Attorney? __________ (write n/a if no agreement)

19)   If you change your mind about admitting to the charges before the judge
      decides your disposition or consequences, then you can ask the judge to
      let you take back your admission.

Appeals:

[19)] 20)     If you are found delinquent after this admission, you can have a higher
       court review your case for only three reasons:

      a) [Your admission was not knowingly, intelligently, and voluntarily made,
      which means you did not understand this admission or were forced to
      admit] You did not understand this admission or you were forced to admit;
      __________

      b) The court [did not have jurisdiction, which means it] was not the proper
      court to take your admission; or __________

      c) The judge's [disposition of the charge(s), which means what the judge is
      going to do with you (like a sentence in adult court),] disposition or
      consequence is more than the biggest punishment an adult would get for the
      same crime. __________

      If you do not admit, do you understand you have other rights? __________

Lawyer’s Representation and Opportunity to Speak with Guardian

[20)] 21)     Are you okay with what your lawyer did for you and how he or she
       explained everything? __________

[21)] 22)    Did you talk with your parent or guardian about admitting to the
       charge(s)? __________
I promise that I have read [this] the whole form or someone has read [this] the form to
me. I understand it. I am telling the truth. I am saying that I have done the things on
page 1. I believe that this admission is best for me. The signature below and initials on
each page of this form are mine.


___________________________________________
JUVENILE


___________________________________________
DATE


I, ______________________, lawyer for the juvenile, have reviewed this form with my
client. My client has told me and I believe that he or she understands this form.


____________________________________________
LAWYER FOR JUVENILE


____________________________________________
DATE
D. Admission to an Act of Sexual Violence. If a juvenile is making an admission
   to an act of sexual violence, see 42 Pa.C.S. § 6358, which may render the
   juvenile eligible for civil commitment for involuntary treatment upon attaining
   20 years of age, then the admission colloquy form set forth in paragraph (C)
   shall be amended to include substantially the following form:
                  ADDENDUM TO ADMISSION COLLOQUY FORM


      In re                            :              ______ JD _______
              (Juvenile)               :
                                       :        Delinquent Act(s): _________
                                       :        _________________________
                                       :        _________________________
                                       :        _________________________


     ELIGIBILITY FOR CIVIL COMMITMENT FOR INVOLUNTARY TREATMENT


CIVIL COMMITMENT CASES

      I did at least one of the crimes (in the box below); AND

      If the judge says that I am a delinquent; AND

      If I am in placement when I turn age 20,

      I can go to a different placement against my will.

      See 42 Pa.C.S. § 6401 et seq.

Check all that are true:

      Rape, 18 Pa.C.S. § 3121             Sexual Assault, 18 Pa.C.S. § 3124.1

      Involuntary Deviate Sexual          Indecent Assault, 18 Pa.C.S. § 3126
       Intercourse, 18 Pa.C.S. §
       3123
      Aggravated Indecent                 Incest, 18 Pa.C.S. § 4302
       Assault, 18 Pa.C.S. § 3125

1)    If I am in placement when I am age 20, SOAB (State Sexual Offenders
      Assessment Board) will look at information about me to see if I have mental
      problems that make it hard for me to stop doing sexual crimes. ________
      initials

              See 42 Pa.C.S. § 6358.
2)    If SOAB thinks that I need treatment, the judge will have a hearing.
      ________ initials

            See 42 Pa.C.S. § 6358.

3)    If the judge agrees I need treatment, I will have a second hearing. ________
      initials

            See 42 Pa.C.S. § 6358.

4)    At the hearing, the judge will decide if I have mental problems that make it
      likely that I will do sexual crimes again. If the judge says yes, I will go to a
      different placement for at least one year. ________ initials

            See 42 Pa.C.S. §§ 6403 & 6404.

5)    The judge will look at my case each year. I will stay in that placement for
      as long as the judge decides that I have mental problems that make it likely
      that I will do sexual crimes again. ________ initials

            See 42 Pa.C.S. § 6404.

6)    If the judge says I can leave placement, I must continue to get treatment
      when told for my mental problems. The judge will look at my case after one
      year. ________ initials

            See 42 Pa.C.S. §§ 6404.1 & 6404.2.

7)    If the judge says I can stop getting treatment after one year, I still must talk
      to a counselor every month. ________ initials

            See 42 Pa.C.S. §§ 6404.1 & 6404.2.

8)    If I do not obey these rules or the counselor says I cannot stop my bad
      actions, I will be sent back to placement. ________ initials
            See 42 Pa.C.S. § 6404.2.

Lawyer’s Representation and Opportunity to Speak with Guardian

9)    Did you talk with your lawyer before you decided to tell the judge you did
      the crimes (delinquent acts)? Yes No

10)   Are you okay with what your lawyer did for you?         Yes    No

11)   Did your lawyer answer all your questions?        Yes    No
12)    Did you talk with your parent or guardian about saying you did the crimes?
         Yes No

       If you answered no, would you like to talk with them now?            Yes    No

I have read this form or someone has read this form to me.

I understand the form and what I have to do. The signature below and initials on
each page of this form are mine.


___________________________________________
JUVENILE


___________________________________________
DATE


I, ______________________, lawyer for the juvenile, have reviewed this form with
my client. My client has informed me and I believe that he or she understands the
rights, consequences, and dispositions outlined in this form. I have completed
the foregoing sections with my client. I have explained them. I have no issues
with my client admitting to the delinquent acts.




____________________________________________
LAWYER FOR JUVENILE


____________________________________________
DATE


                                        COMMENT
        Under paragraph (A)(1), the court is to determine if the admission is knowingly,
intelligently, and voluntarily made by asking questions to ascertain the juvenile’s ability
to comprehend the written colloquy and to make an admission.

       The written colloquy serves as an aid for the court in making its determination
that the admission is knowingly, intelligently, and voluntarily made and it does not
supplant the court’s responsibility to conduct a sufficient inquiry to support its
determination pursuant to paragraph (A)(1).
       Nothing in this rule prohibits the judge from reviewing the entire written colloquy
with the juvenile on the record or asking more questions than required under paragraph
(A)(1)(c).

       The admission colloquy is similar to a guilty plea colloquy in criminal court;
however, the juvenile court judge has special responsibilities under the Juvenile Act in
providing a balanced attention to the protection of the community, the imposition of
accountability for delinquent acts committed, and the development of competencies to
enable juveniles to become responsible and productive members of the community.
See 42 Pa.C.S. § 6301.

      If the court finds an admission is not knowingly, intelligently, and voluntarily
made, the case is to proceed to a hearing pursuant to Rule 406. The decision whether
an admission is knowingly, intelligently, and voluntarily made is not appealable to
another common pleas judge; therefore, the admission may not be presented to another
judge once this determination has been made.

      Under paragraph (A)(3), if the disposition agreed upon by the parties is
unavailable or the court does not agree with the terms of the tender, the case is to
proceed as if no tender had been made.

      The court is not to accept a plea of nolo contendere. See In re B.P.Y., 712 A.2d
769 (Pa. Super. [Ct.] 1998).

      If the court does not accept an agreement or finds an admission not to be
knowingly, intelligently, and voluntarily made, a motion for recusal of the judge may be
appropriate for the adjudicatory hearing.

        Pursuant to paragraph (C), an attorney is to review the written admission
colloquy with the juvenile prior to entering the courtroom. The practice in some judicial
districts permitting the juvenile probation officer to review this colloquy with the juvenile
is inconsistent with this rule.

       Pursuant to paragraph (D), the written admission colloquy in paragraph (C)
is to be amended when the juvenile is admitting to an act that would render the
juvenile eligible for court-ordered involuntary treatment upon attaining 20 years
of age. See 42 Pa.C.S. §§ 6358, 6403. The court is to conduct a colloquy as to the
potential consequences of an admission of this type using the form in paragraph
(D).
       The colloquy forms use[s] several age-appropriate terms for the juvenile to
understand; however, certain legal terms are contained in the form. It is expected that
attorneys will explain [this form] these forms until their clients understand.

       [Pursuant to paragraph (C)(4), the admission colloquy is] The forms used
for admissions are to be substantially in [this] the forms found at paragraphs (C)(4)
and (D). The questions set forth are the minimal standard. A judicial district may
choose to add requirements to [its] these admission [colloquy] colloquies. Any
addition to the required [colloquy] colloquies is considered a local rule and the
procedures of Rule 121 are to be followed if a judicial district chooses to make
additions. See Rule 121.

       [Nothing in this rule precludes the court from entering a consent decree
after the acceptance of an admission.]

        The admission [colloquy] colloquies can be downloaded from the Supreme
Court’s webpage at
http://www.pacourts.us/T/BoardsCommittees/JuvenileCourtProcedural/. The
[admission] forms [is] are also available in Spanish.

       The Pennsylvania Juvenile Collateral Consequences checklist is also available
on the Supreme Court’s webpage.

       Nothing in this rule precludes the court from entering a consent decree
after the acceptance of an admission.

       Official Note: Rule 407 adopted April 1, 2005, effective October 1, 2005.
Amended January 18, 2012, effective April 1, 2012. Amended January 23, 2017,
effective April 3, 2017.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 407 published with the Court’s Order at
35 Pa.B. 2214 (April 16, 2005). Final Report explaining the amendments to Rule 407
published with the Courts’ Order at 42 Pa.B. 664 (February 4, 2012). Final Report
explaining the amendments to Rule 407 published with the Courts’ Order at __
Pa.B. __ (__ __, 2017).
