In re J.J., 848 A.2d 1014 (Pa. Super. Ct. 2004)

Cases | In re J.J., 848 A.2d 1014 (Pa. Super. Ct. 2004) | 2018

Prior to a delinquency hearing, the appellant, a juvenile, and the Commonwealth acceded to a consent decree that contained “accountability conditions,” including an “open” order of restitution and the holding of a restitution hearing. At the restitution hearing, the court set restitution at $1,439.52. Thereafter, the consent decree was extended, and the juvenile appealed, arguing that the court had no authority under the Juvenile Act to order restitution without having first adjudicated him delinquent. The Superior Court of Pennsylvania found that the Juvenile Act did not prohibit restitution as a term of a consent decree voluntarily entered between a juvenile and the Commonwealth. However, the lower court neglected to consider the juvenile’s ability to pay before setting the restitution amount. Thus, the court vacated the portion of the order that imposed restitution in the amount of $1,439.52, and remanded for a proper determination of the amount the juvenile was able to pay.