reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter VII - RULES RELATING TO PRE-HEARING AND HEARING PROCEDURE › Rule 7.1 - Depositions, Discovery, Production of Documents , Perpetuation of Testimony, and Subpoenas to Attend and Testify

Current through Register Vol. 54, No. 28, July 13, 2024
The court, by local rule or order in a particular matter, may
				  prescribe the practice relating to depositions, discovery, production of
				  documents , perpetuation of testimony, and subpoenas to attend and testify. To
				  the extent not provided for by local rule or an order governing a particular
				  matter, the practice relating to depositions, discovery, production of
				  documents , perpetuation of testimony, and subpoenas to attend and testify
				  shall conform to the practice in the Trial or Civil Division of the local Court
				  of Common Pleas.
Note
: Rule
				  7.1 is derived from former Rule
				  3.6.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter VII - RULES RELATING TO PRE-HEARING AND HEARING PROCEDURE › Rule 7.2 - Motion for Judgment on the Pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
After the relevant pleadings are closed, but within such time
				  as not to unreasonably delay the hearing, any party may move for judgment on
				  the pleadings. The court shall enter such judgment or order as shall be proper
				  on the pleadings.
Note:
Rule
				  7.2 has no counterpart in former
				  Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1034.
The filings required by this rule are subject to the
Case Records Public Access Policy of the Unified Judicial System of
				  Pennsylvania
.
See
Rule
				  1.99.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter VII - RULES RELATING TO PRE-HEARING AND HEARING PROCEDURE › Rule 7.3 - Motion for Summary Judgment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After the relevant pleadings are closed,
				but within such time as not to unreasonably delay a hearing, any party may move
				for summary judgment in whole, or in part, as a matter of law in the manner set
				forth in Pa.R.C.P. Nos. 1035.1, 1035.2, and 1035.4.
(b) The party against whom the motion for
				summary judgment is filed shall respond in accordance with Pa.R.C.P. Nos.
				1035.3(a)-(b) and 1035.4.
(c) The
				court shall rule upon the motion for summary judgment as provided in Pa.R.C.P.
				Nos. 1035.3(c)-(e) and 1035.5.
Note:
Rule
				  7.3 has no counterpart in former
				  Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1035.1
et
				  seq.
The filings required by this rule are subject to the
Case Records Public Access Policy of the Unified Judicial System of
				  Pennsylvania
.
See
Rule 1.99.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter VII - RULES RELATING TO PRE-HEARING AND HEARING PROCEDURE › Rule 7.4 - Injunctions

Current through Register Vol. 54, No. 28, July 13, 2024
Upon petition, the court may issue a preliminary, special, or
				  permanent injunction in accordance with the rules and procedures provided in
				  Pa.R.C.P. No. 1531.
Note:
Rule
				  7.4 has no counterpart in former
				  Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1531.
The filings required by this rule are subject to the
Case Records Public Access Policy of the Unified Judicial System of
				  Pennsylvania
.
See
Rule
				  1.99.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter VIII - RECONSIDERATION › Rule 8.1 - Exceptions and Post-Trial Motions

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in Rule
				  8.2, no exceptions or post-trial
				  motions may be filed to any order or decree of the court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter VIII - RECONSIDERATION › Rule 8.2 - Motions for Reconsideration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) By motion, a party may request the court
				to reconsider any order that is final under Pa.R.A.P. 341(b) or 342, or
				interlocutory orders subject to immediate appeal under Pa.R.A.P. 311, so long
				as the order granting reconsideration is consistent with Pa.R.A.P.
				1701(b)(3).
(b) Upon a motion to do
				so, a court may reconsider an interlocutory order at any time.
(c) Motions for reconsideration are not
				permitted to any order in involuntary termination or adoption matters under the
				Adoption Act,
				23 Pa.C.S. §
										2101 et
				seq.
Note
The filings required by this rule are subject to the Case
				  Records Public Access Policy of the Unified Judicial System of Pennsylvania.
				  See Rule 1.99.
Explanatory Comment The period for filing an appeal is not
				  tolled by the filing of a motion for reconsideration unless the court grants
				  the motion for reconsideration prior to the expiration of the appeal period.
				  See Pa.R.A.P. 1701(b)(3). Interlocutory orders may be reconsidered anytime
				  during the pendency of the proceeding. See Key Automotive Equip. Specialists,
				  Inc. v. Abernethy, 636 A.2d 1126, 1128 (Pa. Super. 1994);
				  42 Pa.C.S. §
											5505.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter IX - AUDITORS AND HEARING OFFICERS › Rule 9.1 - Notice of Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
An auditor or hearing officer appointed pursuant to
				  20 Pa.C.S. §
										751
				  shall give notice of scheduled hearings in such manner and to such parties as
				  local rules shall prescribe.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter IX - AUDITORS AND HEARING OFFICERS › Rule 9.2 - Filing of Report

Current through Register Vol. 54, No. 28, July 13, 2024
An auditor or hearing officer shall file his or her report
				  within 90 days after his or her appointment, unless the court extends the time
				  upon request.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter IX - AUDITORS AND HEARING OFFICERS › Rule 9.3 - Form of Auditor's Report

Current through Register Vol. 54, No. 28, July 13, 2024
An auditor's report shall include a statement of the
				  questions involved, findings of fact, conclusions of law, and, if the Account
				  is approved by the auditor, it shall also expressly confirm the Account and
				  shall specify, or indicate by reference to the petition of adjudication/
				  statement of proposed distribution, the names of the persons to whom the
				  balance available for distribution is awarded and the amount or share awarded
				  to each of such persons.
Note
: Rule
				  9.3 is identical to former Rule
				  8.3.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter IX - AUDITORS AND HEARING OFFICERS › Rule 9.4 - Form of hearing officer's Report

Current through Register Vol. 54, No. 28, July 13, 2024
A hearing officer's report shall state the number, times,
				  dates, and duration of the hearings held, the number, extent, and causes of any
				  delays or continuances, and the basis of the court's jurisdiction, and shall
				  include a statement and discussion of the questions involved, findings of fact
				  and conclusions of law, and specific recommendations.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter IX - AUDITORS AND HEARING OFFICERS › Rule 9.6 - Notice of Filing Report

Current through Register Vol. 54, No. 28, July 13, 2024
An auditor or hearing officer shall give notice of the filing
				  of the report or of the intention to file the report in such manner and to such
				  parties as local rules shall prescribe.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter IX - AUDITORS AND HEARING OFFICERS › Rule 9.7 - Confirmation of Report

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The report
				of an auditor shall be confirmed in such manner as local rules shall
				prescribe.
(b) The report of a
				hearing officer shall not be approved until a decree is entered adopting its
				recommendations.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter IX - AUDITORS AND HEARING OFFICERS › Rule 9.8 - Security for Expenses and Fees

Current through Register Vol. 54, No. 28, July 13, 2024
An auditor or hearing officer, the accountant, or any
				  interested party may apply to the court at any time for leave to require
				  security for the payment of the auditor's or hearing officer's expenses and
				  fees, and, when such leave is granted, the auditor or hearing officer may
				  decline to proceed until security is entered.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter X - REGISTER OF WILLS › Rule 10.1 - Forms

Current through Register Vol. 54, No. 28, July 13, 2024
The forms approved by the Supreme Court for statewide
				  practice before the Register as set forth in the Appendix shall be used
				  exclusively and accepted for filing by all Registers; provided, however,
				  versions of a Supreme Court-approved form shall be acceptable for filing if
				  identical in content and sequential ordering.
Note
: Rule
				  10.1 is new, but is derived from
				  former Rule
				  10.1.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter X - REGISTER OF WILLS › Rule 10.2 - Petition Practice

Current through Register Vol. 54, No. 28, July 13, 2024
When a matter requires the Register to exercise discretion or
				  decide an issue of fact or law, the pleading and practice shall conform as near
				  as practical to the practice and procedure before the court as provided by
				  Chapter III of these Rules and
				  20 Pa.C.S. §
										906
				  (relating to caveats). The Register may issue a citation if appropriate and may
				  require a party to prepare the form of citation. Service of citations issued by
				  the Register shall be the responsibility of the party requesting the issuance
				  of the citation.
Note
: Rule 10.2 is new.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter X - REGISTER OF WILLS › Rule 10.3 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Evidentiary
				hearings before the Register shall be recorded by stenographic or electronic
				means when directed by the Register or requested by an interested party, the
				cost of which shall be allocated as directed by the Register.
(b) The Register may issue subpoenas to
				compel attendance at evidentiary hearings as provided in
				20 Pa.C.S. §
										903(1).
(c) The Pennsylvania Rules of Evidence shall
				apply in all evidentiary hearings before the Register.
(d) The Register may require parties to
				submit memoranda and/or proposed findings of fact and conclusions of
				law.
(e) The Register shall
				promptly decide the matter at issue by written order or decree. The order or
				decree may, but need not, contain a brief opinion or recitation of relevant
				facts and legal conclusions as found by the Register.
Note
: Rule 10.3 is new.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter X - REGISTER OF WILLS › Rule 10.4 - Appeals from the Register of Wills

Current through Register Vol. 54, No. 28, July 13, 2024
Appeals to the court from an order or decree of the Register
				  shall be by petition and governed by Chapter III of these Rules and any
				  applicable local rules.
Note
: Rule
				  10.4 is new, but is derived from
				  former Rule
				  10.2.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter X - REGISTER OF WILLS › Rule 10.5 - Notice to Beneficiaries and Intestate Heirs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within three months after a grant of
				letters or whenever there is a change in personal representative, a personal
				representative or the personal representative's counsel shall send a written
				notice of estate administration in the form approved by the Supreme Court to:
(1) every person, corporation, association,
				entity or other party named in decedent's will as a beneficiary, whether
				individually or as a class member;
(2) the decedent's spouse and children,
				whether or not they are named in, or have an interest under, the
				will;
(3) where there is an
				intestacy in whole or in part, to every person entitled to inherit as an
				intestate heir under Chapter 21 of Title 20;
(4) the appointed guardian of the estate,
				parent or legal custodian of any beneficiary who is a minor;
(5) the appointed guardian of the estate or,
				in the absence of such appointment, the institution or person with custody of
				any beneficiary who is an adjudicated incapacitated person;
(6) the Attorney General on behalf of any
				charitable beneficiary (i) which is a residuary beneficiary, including as a
				beneficiary of a residuary testamentary trust; (ii) whose legacy exceeds
				$25,000; or (iii) whose interest in a legacy will not be paid in
				full;
(7) the Attorney General on
				behalf of any governmental beneficiary;
(8) the fiduciary of any estate or trust
				which is a beneficiary or, if the personal representative is a fiduciary of
				such estate or trust, then the beneficiaries of such estate or trust; and
(9) such other persons and in such
				manner as may be required by local rule.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter X - REGISTER OF WILLS › Rule 10.6 - Status Report by Personal Representative

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Report of Uncompleted
				Administration.
If administration of an estate has not been completed
				within two years of the decedent's death, the personal representative or
				counsel shall file at such time, and annually thereafter until the
				administration is completed, a report with the Register showing the date by
				which the personal representative or his, her, or its counsel reasonably
				believes administration will be completed.
(b)
Report of Completed
				Administration.
Upon completion of the administration of an estate,
				the personal representative or his, her or its counsel shall file with the
				Register a report showing:
(1) completion of
				administration of the estate;
(2)
				whether a formal Account was filed with the Orphans' Court;
(3) whether a complete Account was informally
				stated to all parties in interest;
(4) whether final distribution has been
				completed; and
(5) whether
				approvals of the Account, receipts, joinders and releases have been filed with
				the clerk.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XIV - GUARDIANSHIPS OF INCAPACITATED PERSONS › Rule 14.1 - Guardianship Petition Practice and Pleading

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Proceedings for Adjudication of
				Incapacity and Appointment of a Guardian.
The following petition
				practice and pleading requirements set forth in Chapter III (Petition Practice
				and Pleading) shall be applicable to proceedings for the adjudication of
				incapacity and appointment of a guardian:
(1)
				Rule 3.2 (Headings;
				Captions);
(2) Rule
				3.3 (Contents of All Petitions;
				General and Specific Averments);
(3) Rule 3.12 (Signing);
(4) Rule 3.13 (Verification); and
(5) Rule 3.14 (Amendment).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XIV - GUARDIANSHIPS OF INCAPACITATED PERSONS › Rule 14.3 - Alternative Proof of Incapacity: Expert Report in Lieu of In-Person or Deposition Testimony of Expert

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				petitioner may seek to offer into evidence an expert report for the
				determination of incapacity in lieu of testimony, in-person or by deposition,
				of an expert using the form provided in the Appendix to these rules. In an
				emergency guardianship proceeding, an expert report may be offered into
				evidence if specifically authorized by the court.
(b)
Notice.
(1) If a petitioner seeks to offer an expert
				report permitted under paragraph (a), the petitioner shall serve a copy of the
				completed report upon the alleged incapacitated person's counsel and all other
				counsel of record pursuant to Rule
				4.3 or, if unrepresented, upon
				the alleged incapacitated person, pursuant to Pa.R.C.P. No. 402(a) by a
				competent adult no later than ten days prior to the hearing on the
				petition.
(2) If a petitioner seeks
				to offer an expert report, as permitted under paragraph (a), the petitioner
				shall serve pursuant to Rule
				4.3 a notice of that fact upon
				those entitled to notice of the petition and hearing no later than ten days
				prior to the hearing on the petition.
(3) The petitioner shall file a certificate
				of service with the court as to paragraphs (b)(1) and
				(b)(2).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XIV - GUARDIANSHIPS OF INCAPACITATED PERSONS › Rule 14.4 - Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Retention of Counsel.
If counsel for the alleged incapacitated
				person has not been retained, the petitioner shall notify the court in writing
				at least seven days prior to the adjudicatory hearing that the alleged
				incapacitated person is unrepresented and also indicate whether the alleged
				incapacitated person has requested counsel.
(b)
Private Counsel.
If the
				alleged incapacitated person has retained private counsel, counsel shall
				prepare a comprehensive engagement letter for the alleged incapacitated person
				to sign, setting forth when and how counsel was retained, the scope of
				counsel's services, whether those services include pursuing any appeal, if
				necessary, how counsel will bill for legal services and costs and the hourly
				rate, if applicable, who will be the party considered responsible for payment,
				whether any retainer is required, and if so, the amount of the retainer.
				Counsel shall provide a copy of the signed engagement letter to the court upon
				request.
(c)
Appointed
				Counsel.
The court may appoint counsel if deemed appropriate in the
				particular case. Any such order appointing counsel shall delineate the scope of
				counsel's services and whether those services include pursuing any appeal, if
				necessary.
(d)
Other
				Counsel.
Counsel for any other party shall enter an appearance in
				accordance with Rule
				1.7(a).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XIV - GUARDIANSHIPS OF INCAPACITATED PERSONS › Rule 14.6 - Determination of Incapacity and Selection of Guardian

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Determination of
				Incapacity.
The procedure for determining incapacity and for
				appointment of a guardian shall meet all requirements set forth at
				20 Pa.C.S. §§
										5511,
				5512, and
				5512.1. In addition, the
				petitioner shall present the citation and proof of service at the hearing.
Note:
See In re Peery
, 727 A.2d 539 (Pa. 1999)
				  (holding a person does not require a guardian if there is no need for
				  guardianship services).
(b)
Selection of Guardian.
If guardianship services are needed,
				then the court shall appoint the person nominated as such in a power of
				attorney, a health care power of attorney, an advance health care directive, a
				mental health care declaration, or mental health power of attorney, except for
				good cause shown or disqualification. Otherwise, the court shall consider the
				eligibility of one or more persons to serve as guardian in the following order:
(1)
Guardian of the Person:
(i) The guardian of the estate;
(ii) The spouse, unless estranged or an
				action for divorce is pending;
(iii) An adult child;
(iv) A parent;
(v) The nominee of a deceased or living
				parent of an unmarried alleged incapacitated person;
(vi) An adult sibling;
(vii) An adult grandchild;
(viii) Other adult family member;
(ix) An adult who has knowledge of the
				alleged incapacitated person's preferences and values, including, but not
				limited to religious and moral beliefs, and would be able to assess how the
				alleged incapacitated person would make decisions; or
(x) Other qualified proposed guardian,
				including a professional guardian.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XIV - GUARDIANSHIPS OF INCAPACITATED PERSONS › Rule 14.7 - Order and Certificate

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Order Adjudicating Incapacity and Appointing Guardian.
(1) An order adjudicating incapacity and
				appointing a guardian shall address:
(i) The
				type of guardianship being ordered and any limits, if applicable;
(ii) the continued effectiveness of any
				previously executed powers of attorney or health care powers of attorney and
				the authority of such agent to act under the document;
(iii) the necessity of filing reports
				pursuant to Rule 14.8(a); and
(iv)
				the person or persons entitled to receive notice of the filing of such reports,
				pursuant to Rule 14.8(b).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XIV - GUARDIANSHIPS OF INCAPACITATED PERSONS › Rule 14.8 - Guardianship Reporting, Monitoring, Review, and Compliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Reporting.
A guardian
				shall file the following reports with the clerk:
(1) An inventory by the guardian of the
				estate within 90 days of such guardian's appointment;
(2) An annual report by the guardian of the
				estate of an incapacitated person one year after appointment and annually
				thereafter;
(3) An annual report by
				the guardian of the person one year after appointment and annually
				thereafter;
(4) A final report by
				the guardian of the person and the guardian of the estate within 60 days of the
				death of the incapacitated person, an adjudication of capacity, a change of
				guardian, or the expiration of an order of limited duration; and
(5) A final report from the guardian of the
				person and the guardian of the estate upon receipt of the provisional order
				from another state's court accepting transfer of a guardianship.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XIV - GUARDIANSHIPS OF INCAPACITATED PERSONS › Rule 14.9 - Review Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Initiation.
A review hearing may be requested by petition or
				ordered by the court.
(b)
Petition.
A petition for a review hearing shall set forth:
(1) the name, age, address, and mailing
				address, if different, of the petitioner and the petitioner's relationship to
				the incapacitated person;
(2) the
				date of the adjudication of incapacity;
(3) the names and addresses of all
				guardians;
(4) if the incapacitated
				person has been a patient in a mental health facility, the name of such
				facility, the date of admission, and the date of discharge;
(5) the present address of the incapacitated
				person, and the name of the person with whom the incapacitated person is
				living;
(6) the names and addresses
				of the presumptive intestate heirs of the incapacitated person and whether they
				are
sui juris
or non
sui juris
;
				and
(7) an averment that:
(i) there has been significant change in the
				incapacitated person's capacity and the nature of that change;
(ii) there has been a change in the need for
				guardianship services and the nature of that change; or
(iii) the guardian has failed to perform
				duties in accordance with the law or act in the best interest of the
				incapacitated person, and details as to the duties that the guardian has failed
				to perform or has performed but are allegedly not in the best interests of the
				incapacitated person.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XIV - GUARDIANSHIPS OF INCAPACITATED PERSONS › Rule 14.10 - Proceedings Relating to Real Property

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applicable Rules.
A
				petition for the public or private sale, exchange, lease, or mortgage of real
				property of an incapacitated person or the grant of an option for the sale,
				exchange, or lease of the same shall conform as far as practicable to the
				requirements of these Rules for personal representatives, trustees, and
				guardians of minors in a transaction of similar type.
(b)
Objection.
The guardian
				shall include in the petition an averment as to whether the guardian knows or
				has reason to know of any objection of the incapacitated person to the proposed
				transaction, the nature and circumstances of any such objection, and whether
				expressed before or after the adjudication of incapacity.
Note:
See
Pa. O.C. Rules 5.10, 5.11, and
				  5.12.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XIV - GUARDIANSHIPS OF INCAPACITATED PERSONS › Rule 14.11 - Transfer of Guardianship of the Person to Another State

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Petition.
A petition
				filed by a guardian appointed in Pennsylvania to transfer the guardianship of
				the person to another state must plead sufficient facts to demonstrate:
(1) The incapacitated person is physically
				present in or is reasonably expected to move permanently to the other
				state;
(2) plans for care and
				services for the incapacitated person in the other state are reasonable and
				sufficient;
(3) The court to which
				the guardianship will be transferred; and
(4) The guardianship will likely be accepted
				by the other state's court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XIV - GUARDIANSHIPS OF INCAPACITATED PERSONS › Rule 14.12 - Transfer of Guardianship of the Estate to Another State

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Petition.
A petition
				filed by a guardian appointed in Pennsylvania to transfer the guardianship of
				the estate must plead sufficient facts to demonstrate:
(1) The incapacitated person is:
(i) physically present in the other
				state;
(ii) reasonably expected to
				move permanently to the other state; or
(iii) significantly connected to the other
				state.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XIV - GUARDIANSHIPS OF INCAPACITATED PERSONS › Rule 14.13 - Acceptance of a Guardianship Transferred from Another State

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A petition to confirm the transfer of a
				guardianship from another state to Pennsylvania shall:
(1) plead sufficient facts to demonstrate:
(i) The eligibility of the guardian for
				appointment in Pennsylvania;
(ii)
				the proceeding in the other state approving the transfer was conducted in a
				manner similar to Rules
				14.11 or
				14.12 (concerning transfer of
				guardianship);
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XIV - GUARDIANSHIPS OF INCAPACITATED PERSONS › Rule 14.14 - Forms

Current through Register Vol. 54, No. 28, July 13, 2024
The following forms located in the Appendix shall be used
				  exclusively:
(a) Important
				Notice-Citation with Notice (G-01);
(b) Report of Guardian of the Estate
				(G-02);
(c) Report of Guardian of
				the Person (G-03);
(d) Guardian's
				Inventory for a Minor (G-04);
(e)
				Guardian's Inventory for an Incapacitated Person (G-05);
(f) Guardianship of Incapacitated Person:
				Petition for Adjudication/Statement of Proposed Distribution Pursuant to Pa.
				O.C. Rule 2.4 (OC-03);
(g)
				Guardianship of Minor: Petition for Adjudication/Statement of Proposed
				Distribution Pursuant to Pa. O.C. Rule 2.4 (OC-04);
(h) Expert Report (G-06); and
(i) Notice of Filing (G-07).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.1 - Local Adoption Rules

Current through Register Vol. 54, No. 28, July 13, 2024
The practice and procedure with respect to adoptions shall be
				  as provided by Act of Assembly and the Rules under this Chapter XV. Local rules
				  further regulating the practice and procedure with respect to adoptions may be
				  promulgated in accordance with Rule
				  1.5, provided such local rules
				  shall not be inconsistent with these Rules and the Adoption Act,
				  23 Pa.C.S. §§
										2101
et seq.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.3 - Prerequisites for any Petition to Terminate Parental Rights or Petition to Adopt

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Separate Petitions for Each Child and Any Adoptee.
Separate
				petitions must be filed for each child or adult adoptee who is the subject of a
				proceeding under Rule
				15.7 (Voluntary Relinquishment to
				Agency), Rule
				15.8 (Voluntary Relinquishment to
				Adult Intending to Adopt Child), Rule
				15.9 (Alternative Procedure for
				Relinquishment by Confirmation of Consent to Adoption), Rule
				15.10 (Involuntary Termination of
				Parental Rights), Rule
				15.12 (Court Review and Approval
				of Contact Agreement), Rule
				15.13(Adoption),
				Rule 15.14 (Registration of Foreign
				Adoption Decree), Rule
				15.15 (Petition for Adoption of a
				Foreign Born Child), Rule
				15.17 (Petition to Modify a
				Contact Agreement), Rule
				15.18 (Petition to Enforce a
				Contact Agreement), and Rule
				15.19 (Petition to Discontinue a
				Contact Agreement).
(b)
Filing of Original Birth Certificate.
Unless previously filed,
				the child's original birth certificate or certification of registration of
				birth shall be filed when the petition to terminate parental rights is filed,
				and the clerk shall make the original birth certificate or certification of
				registration of birth part of the court file pertaining to that
				child.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.4 - Notice of Hearing to Terminate Parental Rights; Method and Time

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Contents of Notice; Service of Notice and Copies to Others.
(1) For a petition filed under Rule
				15.7 (relating to Voluntary
				Relinquishment to Agency) or Rule
				15.8 (relating to Voluntary
				Relinquishment to Adult Intending to Adopt Child), notice shall be in the form
				and served upon the individuals as provided in
				23 Pa.C.S. §
											2503(b).
(2) For a petition filed under Rule
				15.9 (relating to Alternative
				Procedure for Relinquishment by Confirmation of Consent to Adoption), notice
				shall be in the form provided in
				23 Pa.C.S. §
											2513(b) and served upon the
				individuals as provided in
				23 Pa.C.S. §
											2504(b).
(3) For a petition filed under Rule
				15.10 (relating to Involuntary
				Termination of Parental Rights), notice shall be in the form and served upon
				the individuals as provided in
				23 Pa.C.S. §
											2513(b).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.5 - Certification Filed with the Clerk Maintaining the Dependency Docket

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within seven
				days of the filing of a petition to terminate parental rights under Rules
				15.7,
				15.8,
				15.9, or
				15.10, or a petition to adopt
				under Rule
				15.13, the county agency shall
				file a
praecipe
with the clerk of the court where the child
				was declared dependent using the caption of the dependency proceeding,
				notifying that clerk of the name of the petition filed and the date of its
				filing in substantially the form approved by the Supreme Court.
(b) Within seven days of receiving the
				court's disposition of the petitions described in paragraph (a), the county
				agency shall file a
praecipe
with the clerk of the court where
				the child was declared dependent using the caption of the dependency
				proceeding, notifying that clerk of the disposition of the petition and the
				date of the order in substantially the form approved by the Supreme
				Court.
(c) If a notice of appeal
				from an order described in paragraph (b) is filed, then within seven days of
				service of the notice of appeal, the county agency shall file a
praecipe
with the clerk of the court where the child was
				declared dependent using the caption of the dependency proceeding, notifying
				that clerk of the appeal and the date of its filing in substantially the form
				approved by the Supreme Court.
(d)
				Within seven days of receiving the appellate court's disposition of the appeal
				described in paragraph (c), the county agency shall file a
praecipe
with the clerk of the court where the child was
				declared dependent using the caption of the dependency proceeding, notifying
				that clerk of the disposition of the appeal and the date of the decision in
				substantially the form approved by the Supreme Court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.6 - Filing of Termination Petitions when an Agency is Not Involved

Current through Register Vol. 54, No. 28, July 13, 2024
Except in cases involving an agency or as otherwise provided
				  by law, a petition to terminate parental rights shall not be granted unless a
				  Report of Intention to Adopt under
				  23 Pa.C.S. §
										2531 or
				  an adoption petition under Rule 15.13 has been filed.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.7 - Voluntary Relinquishment to Agency

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Petition
. A petition
				under
				23 Pa.C.S. §
										2501 to
				relinquish parental rights and duties with respect to a child who has been in
				the care of an agency shall contain the following averments:
(1) the name, address, age, and racial
				background of each petitioner;
(2)
				the information required in subparagraph (1) as to any parent who is not a
				petitioner, including the birth father, presumptive father and putative father,
				or the reasons why the court should find such information is not
				necessary;
(3) The marital status
				of the mother as of the time of the child's birth and during one year prior
				thereto, and her maiden name;
(4)
				the name, age, date of birth, place of birth, racial background, and gender of
				the child;
(5) the name and address
				of the agency having care of the child;
(6) the date when the child was placed with
				the agency;
(7) the reasons for
				seeking relinquishment;
(8) whether
				each petitioner has been informed of counseling services concerning the
				termination of parental rights and the alternatives thereto and provided with a
				list of qualified counselors and counseling services;
(9) whether each petitioner has received any
				counseling concerning the termination of parental rights and the alternatives
				thereto and, if so, the name of the organization or qualified counselor
				providing such counseling services;
(10) whether each petitioner has been
				informed of the opportunity for a birth relative of the child, including the
				petitioner, to enter into a Contact Agreement with the Prospective Adoptive
				Parents, once identified;
(11)
				whether the agency's consent to accept custody of the child until such time as
				the child is adopted is attached to the petition; and
(12) that each petitioner understands the
				petition, has considered the alternatives, and has executed the petition
				voluntarily.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.8 - Voluntary Relinquishment to Adult Intending to Adopt Child

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Petition.
A petition under
				23 Pa.C.S. §
										2502 to
				relinquish parental rights with respect to a child who has been in the
				exclusive care of Prospective Adoptive Parents shall contain the following
				averments:
(1) the name, address, age, and
				racial background of each petitioner;
(2) the information required in subparagraph
				(1) as to any parent who is not a petitioner, including the birth father,
				presumptive father, and putative father, or the reasons why the court should
				find such information is not necessary;
(3) the marital status of the mother as of
				the time of the child's birth and during one year prior thereto, and her maiden
				name;
(4) the name, age, date of
				birth, place of birth, racial background, and gender of the child;
(5) the date when the child was placed with
				the Prospective Adoptive Parents;
(6) the date when the Report of Intention to
				Adopt was filed;
(7) the reasons
				for seeking relinquishment;
(8)
				whether each petitioner has been informed of counseling services concerning the
				termination of parental rights and the alternatives thereto and provided with a
				list of qualified counselors and counseling services;
(9) whether each petitioner has received any
				counseling concerning the termination of parental rights and the alternatives
				thereto and, if so, the name of the organization or qualified counselor
				providing such counseling services;
(10) whether each petitioner has been
				informed of the opportunity for a birth relative of the child, including the
				petitioner, to enter into a Contact Agreement with the Prospective Adoptive
				Parents;
(11) whether a Report of
				Intention to Adopt under
				23 Pa.C.S. §
											2531 or
				an adoption petition under Rule 15.13 has been filed;
(12) whether the Prospective Adoptive
				Parents' consent to accept custody of the child until such time as the child is
				adopted is attached to the petition; and
(13) that each petitioner understands the
				petition, has considered the alternatives, and has executed the petition
				voluntarily.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.9 - Alternative Procedure for Relinquishment by Confirmation of Consent to Adoption

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Petition.
A petition under
				23 Pa.C.S. §
										2504 to
				confirm the consent to adoption given by a birth parent, presumptive father, or
				putative father relinquishing parental rights and agreeing to have the child
				placed for adoption shall contain the following averments:
(1) the name, address, age, and racial
				background of the consenter;
(2)
				the information required in subparagraph (1) as to any parent who has not
				signed a consent to adoption, including the birth father, presumptive father,
				and putative father, or the reasons why the court should find such information
				is not necessary;
(3) The marital
				status of the mother as of the time of the child's birth and during one year
				prior thereto, and her maiden name;
(4) The name, age, date of birth, place of
				birth, racial background, and gender of the child;
(5) The date when the consent to adoption was
				executed by the consenter and that the consent was executed in accordance with
				23 Pa.C.S. §§
											2711 and
				2712;
(6) The number of days that have elapsed
				since the consent to adoption was executed by the consenter;
(7) whether the petitioner, counsel for the
				petitioner, or the agency or intermediary in those cases where the agency or
				intermediary is not the petitioner, has received any writing from the consenter
				revoking or attempting to revoke the previously executed consent to
				adoption;
(8) whether the consenter
				was informed of counseling services concerning the termination of parental
				rights and the alternatives thereto and provided with a list of qualified
				counselors and counseling services;
(9) whether the consenter received counseling
				concerning the termination of parental rights and the alternatives thereto and,
				if so, the name of the organization or qualified counselor providing such
				counseling services;
(10) whether
				the consenter has been informed of the opportunity for a birth relative of the
				child, including the consenter, to enter into a Contact Agreement with the
				Prospective Adoptive Parents, once identified; and
(11) whether a consent by the Prospective
				Adoptive Parents or by the agency to accept custody of the child until such
				time as the child is adopted is attached to the petition, and if custody is to
				an individual, whether a Report of Intention to Adopt under
				23 Pa.C.S. §
											2531 or
				an adoption petition under Rule 15.13 has been filed.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.11 - Notice of Right to File Statement of Medical, Personal, or Social History Information

Current through Register Vol. 54, No. 28, July 13, 2024
The clerk, in accordance with Rule
				  4.6, shall transmit the decree of
				  termination to the parent whose rights are terminated or to counsel for that
				  parent, if represented. In that mailing, the clerk shall include a reference to
				  information and instructions for the parent to file with the clerk and with the
				  Department medical, personal, or social history information and to update the
				  information filed, whether or not the medical condition is in existence or
				  discoverable at the time of adoption. The clerk shall also include a reference
				  to information and instructions to redact the birth parent's name from the
				  child's original birth certificate.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.12 - Court Review and Approval of Contact Agreement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Time and Filing.
An
				executed proposed agreement for post-adoption contact and communication signed
				by the Prospective Adoptive Parents and any birth relatives ("the proposed
				agreement") must be appended to a petition requesting the court to approve the
				proposed agreement.
(1) If Prospective
				Adoptive Parents have been identified by the time of the hearing terminating
				the parental rights of the parent whose birth relative is a party to the
				proposed agreement, the proposed agreement may be presented by separate
				petition to the same court that has or will conduct the hearing on the petition
				to terminate parental rights, and if not then presented, the proposed agreement
				shall be presented by petition to the court that will be presented with the
				adoption petition.
(2) If
				Prospective Adoptive Parents are identified after the time of the hearing to
				terminate parental rights, the proposed agreement shall be presented by
				separate petition to the court that will be presented with the adoption
				petition.
(3) The petition to
				approve the proposed agreement may be filed by the agency or intermediary, any
				party to the proposed agreement, or by the guardian
ad litem
appointed to represent the child.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.14 - Registration of Foreign Adoption Decree

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Adopting parents may petition the court
				in the county of their residence to register a foreign adoption decree so that
				it will be given full and final effect in this Commonwealth. The petition and
				final decrees shall be in substantially the form approved by the Supreme Court.
See
Appendix of Forms to these Rules. As part of the Petition
				to Register Foreign Adoption Decree, an adopted child's name may be changed
				from that appearing on the foreign adoption decree if the adopted child has not
				yet attained 12 years of age.
(b) A
				foreign adoption decree previously registered or otherwise finalized by a court
				of this Commonwealth or of any other state may not be registered subsequently
				in another court of this Commonwealth.
(c) If the court determines that the foreign
				adoption decree can be registered, the court shall sign the final decree and
				shall direct the clerk to enter the date of the foreign adoption decree and
				identify the foreign court on the docket. The clerk shall send Form No.
				HD01273F, Certificate of Adoption of a Foreign-Born Child, and Form No.
				HD01275F, Statement of Citizenship and Residency, to the Department of Health,
				Division of Vital Records, along with a copy of U.S. Government Form N-560,
				Certificate of Citizenship, or a copy of the child's United States passport, or
				both, if the documents have been provided by the adopting parents. The clerk
				shall issue to the adopting parents a certificate of adoption in accordance
				with
				23 Pa.C.S. §
										2907.
(d) If the court determines that the foreign
				adoption decree cannot be registered, the adopting parents shall proceed as
				applicable under the provisions set forth in the Adoption Act,
				23 Pa.C.S. §§
										2101
et seq.
, Rule
				15.15 (specific to the adoption
				of a foreign born child), and local rules.
(e) Adopting parents who are eligible to
				register the foreign adoption decree under this Rule may, for any reason,
				proceed under Rule
				15.15.