Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 18 - SUSPENSIONS › Rule 1800 - Suspensions of Acts of Assembly

Current through Register Vol. 54, No. 28, July 13, 2024
This rule provides for the suspension of the following Acts
					 of Assembly that apply to dependency proceedings only:
1) The Act of July 9, 1976, P. L. 586, No.
				  142, § 2,
				  42 Pa.C.S. §
											6335(c), which provides for
				  the issuance of arrest warrants if the child may abscond or may not attend or
				  be brought to a hearing, is suspended only insofar as the Act is inconsistent
				  with Rules 1124, 1140, and 1364, which require a summoned person to fail to
				  appear and the court to find that sufficient notice was given.
2) The Act of July 9, 1976, P. L. 586, No.
				  142, § 2,
				  42 Pa.C.S. §
											6336(c), which provides that
				  if a proceeding is not recorded, full minutes shall be kept by the court, is
				  suspended only insofar as the Act is inconsistent with Rules 1127(A) &
				  1242(B)(2), which require all proceedings to be recorded, except for shelter
				  care hearings.
3) The Act of July
				  9, 1976, P. L. 586, No. 142, § 2,
				  42 Pa.C.S. §
											6311(b)(9), which provides
				  that there is not a conflict of interest for the guardian ad litem in
				  communicating the child's wishes and the recommendation relating to the
				  appropriateness and safety of the child's placement and services necessary to
				  address the child's needs and safety, is suspended only insofar as the Act is
				  inconsistent with Rules 1151 and 1154, which allows for appointment of separate
				  legal counsel and a guardian ad litem when the guardian ad litem determines
				  there is a conflict of interest between the child's legal interest and best
				  interest.
4) The Act of July 9,
				  1976, P. L. 586, No. 142, § 2,
				  42 Pa.C.S. §
											6337,
				  which provides that counsel must be provided unless the guardian is present and
				  waives counsel for the child, is suspended only insofar as the Act is
				  inconsistent with Rule 1152, which does not allow a guardian to waive the
				  child's right to counsel and a child may not waive the right to a guardian ad
				  litem.
5) The Act of July 9, 1976,
				  P. L. 586, No. 142, § 2,
				  42 Pa.C.S. §
											6305(b), which provides that
				  the court may direct hearings in any case or classes of cases be conducted by
				  the juvenile court hearing officer, is suspended only insofar as the Act is
				  inconsistent with Rule 1187, which allows juvenile court hearing officers to
				  hear only specific classes of cases.
6) The Act of July 9, 1976, P. L. 586, No.
				  142, § 2,
				  42 Pa.C.S. §
											6324,
				  which authorizes law enforcement officers to take a child into custody, is
				  suspended only insofar as the Act is inconsistent with Rule 1202, which
				  provides for police officers and juvenile probation officers taking a child
				  into custody.
7) The Act of July 9,
				  1976, P. L. 586, No. 142, § 2,
				  42 Pa.C.S. §
											6331,
				  which provides for the filing of a petition with the court within twenty-four
				  hours or the next business day of the admission of the child to shelter care,
				  is suspended only insofar as the Act is inconsistent with the filing of a
				  petition within twenty-four hours or the next business day from the shelter
				  care hearing if the child is in protective custody under Rules 1242 and
				  1330(A).
8) The Act of July 9,
				  1976, P. L. 586, No. 142, § 2,
				  42 Pa.C.S. §
											6334,
				  which provides that any person may bring a petition, is suspended only insofar
				  as the Act is inconsistent with Rules 1320, 1321, and 1330, which provide that
				  the county agency may file a petition and any other person shall file an
				  application to file a petition.
9)
				  The Act of December 19, 1990, P. L. 1240, No. 206, § 2,
				  23 Pa.C.S. §
											6339,
				  which provides for the confidentiality of reports made pursuant to the Child
				  Protective Services Law,
				  23 Pa.C.S. §
											6301 et
				  seq., is suspended only insofar as the Law is inconsistent with Rule
				  1340(B)(1)(e), which provides for the disclosure of such reports if the reports
				  are going to be used as evidence in a hearing to prove dependency of a
				  child.
10) The Act of July 9, 1976,
				  P. L. 586, No. 142, § 2,
				  42 Pa.C.S. §
											6335,
				  which provides that a copy of the petition is to accompany a summons, is
				  suspended only insofar as the Act is inconsistent with Rule 1360, which
				  provides that the summons is to include a copy of the petition unless the
				  petition has been previously served.
11) The Act of July 9, 1976, P. L. 586, No.
				  142, § 2,
				  42 Pa.C.S. §
											6336.1(b)(2), which provides
				  that the foster parent or parents, preadoptive parent or relative providing
				  care for the child has a right to submit a report to the court, is suspended
				  only insofar as the Act is inconsistent with Rule 1604, which requires the
				  report to be submitted to a court designee who files the report and submits it
				  to the judge, attorneys, parties, and if appointed, a court appointed special
				  advocate.
12) The Act of July 9,
				  1976, P. L. 586, No. 142, § 2,
				  42 Pa.C.S. §
											6351(e)(3)(i)(B), which
				  provides for permanency hearings within six months of each previous permanency
				  hearing until the child is returned home or removed from the jurisdiction of
				  the court, is suspended only insofar as the Act is inconsistent with Rule 1607,
				  which requires permanency hearings in all cases until the child is removed from
				  the jurisdiction of the court.