HB 438: Delinquency petition; referral to court service unit.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

Delinquency petition; referral to court service unit. Provides that at any point prior to the commencement of an adjudication hearing on a petition alleging that a child is delinquent, the court, upon request of the child with consent of the attorney for the Commonwealth, if a party to the case, may refer the delinquency charge back to the court service unit in writing and the intake officer shall proceed informally pursuant to relevant law. Additionally, the bill provides that upon such referral, the court shall dismiss the petition and order that the court records pertaining to the petition be expunged pursuant to relevant law. Lastly, the bill allows an intake officer to proceed informally on a complaint alleging a child is in need of services, in need of supervision, or delinquent if the juvenile has previously been proceeded against informally.Current law does not permit proceeding informally when a juvenile (i) commits a violent juvenile felony or (ii) is alleged delinquent for an offense that would be a felony if committed by an adult if such juvenile had previously been (a) proceeded against informally by intake or (b) adjudicated delinquent for a prior offense that would be a felony if committed by an adult. This bill is identical to SB 70.

Sponsors

Sponsors by party (alphabetical): Democratic 2

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. April 13, 2026Acts of Assembly Chapter text (CHAP0613)
2. April 13, 2026Approved by Governor-Chapter 613 (effective 7/1/2026)
3. March 31, 2026Governor's Action Deadline 11:59 p.m., April 13, 2026
4. March 31, 2026Enrolled Bill communicated to Governor on March 31, 2026
5. March 31, 2026Signed by Speaker
6. March 31, 2026Fiscal Impact Statement from Department of Planning and Budget (HB438)
7. March 30, 2026Signed by President
8. March 30, 2026Bill text as passed House and Senate (HB438ER)
9. March 30, 2026Enrolled
10. March 12, 2026Senate amendments agreed to by House (64-Y 34-N 0-A)
11. March 11, 2026Passed Senate with amendments Block Vote (40-Y 0-N 0-A)
12. March 11, 2026Reconsideration of Senate passage agreed to by Senate Block Vote (40-Y 0-N 0-A)

Showing 12 most recent of 39 actions. Full history