JUVENILE COURT PROCEDURAL RULES COMMITTEE

FINAL REPORT1

Amendment of Pa.R.J.C.P. 1300 and 

Rescission and Replacement of Pa.R.J.C.P. 1302

On April 28, 2020, the Supreme Court amended Pennsylvania Rule of Juvenile 

Court Procedure 1300 concerning changes in venue in dependency proceedings,

together with the rescission and replacement of Pennsylvania Rule of Juvenile Court 

Procedure 1302 concerning intercounty transfers of dependency cases. The purpose of 

this rulemaking was to improve and formalize the areas of decision-making, 

communications, continuation of services, and records as they relate to these procedures.

Amendment of Pa.R.J.C.P. 1300 (Venue)

Paragraph (B) was amended to clarify that the window for seeking a change in 

venue is prior to the adjudicatory hearing. Paragraph (C) contains a specific five-day 

deadline for the transfer of records. Further, the paragraph includes a communication 

loop to indicate that records have been received, and a requirement for the receiving 

county agency to schedule the next court proceeding. These amendments are intended 

to facilitate the location of records and to ensure the case proceeds after the change of 

venue. 

Post-publication, previously proposed Comment language addressing the 

continuation of services was elevated to the rule text and now appears as new paragraph 

(D). This language was added to address the continuation of services when services may 

have commenced prior to adjudication, such as those ordered in a shelter care hearing 

pursuant to Pa.R.J.C.P. 1242(E). Its placement in the rule text is similar to that of 

Pa.R.J.C.P. 1302(I).

Rescission and Replacement of Pa.R.J.C.P. 1302 (Intercounty Transfer)

Given the scope of the revisions, Pa.R.J.C.P. 1302 was rescinded and replaced in 

its entirety. The rule is intended to establish a procedural concept involving a two-step 

process for intercounty transfers. First, the transferring county is to conduct a hearing to 

determine whether an intercounty transfer is in the child’s best interest. Second, 

assuming the transferring court determines in the affirmative, the transferring court then 

communicates with the receiving court to ascertain whether jurisdiction will be accepted.

 

1 The Committee’s Final Report should not be confused with the official Committee 

Comments to the rules. Also note that the Supreme Court does not adopt the 

Committee’s Comments or the contents of the Committee’s explanatory Final Reports.
2

The requirement of the child’s best interest for an intercounty transfer is set forth 

in paragraph (A). Commentary has been added to suggest factors in determining whether 

a transfer is in a child’s best interest. 

The receiving county agency, as the provider of services and the party to receive 

legal custody of the child, has an interest in the transfer. Therefore, paragraph (B) 

requires that receiving county agency be given notice of the transfer hearing in the 

transferring county and granted standing to participate. Further, paragraph (C) permits 

the receiving county agency to appear via advance communication technology. 

Paragraph (D) requires subsequent communication with the court in the receiving 

judicial district to determine whether the receiving court will accept jurisdiction. 

Thereafter, the parties may file written responses with the transferring court regarding the 

decision to accept jurisdiction. Paragraph (F) permits the courts to discuss administrative

matters without informing the parties or making a record. Paragraphs (D) and (F) were

based, in part, on the Uniform Child Custody Jurisdiction and Enforcement Act, 23 

Pa.C.S. § 5410. 

Paragraph (E) requires that an order approving a transfer contain a date certain 

and at least a ten-day window before the actual transfer. This window is to provide for 

the transmission of the record and coordination of services between the county agencies 

as set forth in paragraphs (H) and (I). Prior to the transfer order’s effective date, the 

receiving court is required to enter an order accepting jurisdiction, as well as appointing 

a guardian ad litem and counsel, as needed, directing a home visit and safety 

assessment, and scheduling a review hearing.

The amended and replaced rules will become effective October 1, 2020.