reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part C - RECORDS › Part C(2) - MAINTAINING RECORDS › Rule 1166 - Maintaining Records in the Clerk of Courts

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Generally
. The juvenile
						court file is the official court record and shall contain all original records,
						papers, and orders filed, copies of all court notices, and docket entries.
						These records shall be maintained by the clerk of courts and shall not be taken
						from the custody of the clerk of courts without order of the court.
B.
Docket entries
. The clerk
						of courts shall maintain a list of docket entries: a chronological list, in
						electronic or written form, of documents and entries in the official court
						record and of all proceedings in the case. The clerk of courts shall make
						docket entries at the time the information is made known to the
						clerk.
C.
Contents of
						docket entries
. The docket entries shall include, at a minimum, the
						following information:
1) the child's name,
						address, date of birth, if known;
2) the guardian's name, address, if
						known;
3) the names and addresses
						of all attorneys who have appeared or entered an appearance, the date of the
						entry of appearance(s), and the date of any withdrawal of appearance(s)
						;
4) notations concerning all
						papers filed with the clerk, including all court notices, appearances, motions,
						orders, findings and adjudications, dispositions, permanency reviews and
						adoptions, briefly showing the nature and title, if any, of each paper filed,
						writ issued, and motion made, and the substance of each order or disposition of
						the court and of the returns showing execution of process;
5) notations concerning motions made orally
						or orders issued orally in the courtroom when directed by the court;
6) a notation of every judicial proceeding,
						continuance, and disposition;
7)
						the location of exhibits made part of the record during the proceedings;
						and
8)
a) the date of receipt in the clerk's office
						of the order or court notice;
b)
						the date appearing on the order or court notice; and
c) the date and manner of service of the
						order or court notice; and
9) all other information required by Rule
						1345.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part C - RECORDS › Part C(2) - MAINTAINING RECORDS › Rule 1167 - Filings and Service of Court Orders and Notices

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Filings
.
1) All orders and court notices shall be
						transmitted promptly to the clerk of courts for filing. Upon receipt by the
						clerk of courts, the order or court notice shall be time-stamped promptly with
						the date of receipt.
2) All orders
						and court notices shall be filed in the official court
						record.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part D - JUVENILE COURT HEARING OFFICERS › Rule 1182 - Qualifications of Juvenile Court Hearing Officer

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Education, Experience, and
					 Training.
To preside as a juvenile court hearing officer over cases
					 governed by the Juvenile Act,
					 42 Pa.C.S. §
												6301
et seq.
, an individual shall:
1) be a member, in good standing, of the bar
					 of this Commonwealth;
2) have been
					 licensed to practice law for at least five consecutive years; and
3) have completed six hours of instruction,
					 approved by the Pennsylvania Continuing Legal Education Board prior to hearing
					 cases, which specifically addresses all of the following topics:
a) The Juvenile Act;
b) The Pennsylvania Rules of Juvenile Court
					 Procedure;
c) The Child Protective
					 Services Law;
d) evidence rules and
					 methodology; and
e) child and
					 adolescent development.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part D - JUVENILE COURT HEARING OFFICERS › Rule 1185 - Appointment to Cases

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Appointment
. If necessary to assist the juvenile court judge,
					 the president judge or his or her designee may appoint juvenile court hearing
					 officers to hear designated dependency matters.
B.
Prohibited practice
.
					 Juvenile court hearing officers shall not engage in practice before the
					 juvenile court in the same judicial district where they preside over dependency
					 matters.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part D - JUVENILE COURT HEARING OFFICERS › Rule 1187 - Authority of Juvenile Court Hearing Officer

Current through Register Vol. 54, No. 28, July 13, 2024
A.
No authority
. A juvenile
					 court hearing officer shall not have the authority to:
1) preside over:
a) termination of parental rights
					 hearings;
b) adoptions;
c) any hearing in which any party seeks to
					 establish a permanency goal of adoption or change the permanency goal to
					 adoption;
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part D - JUVENILE COURT HEARING OFFICERS › Rule 1190 - Stipulations Before Juvenile Court Hearing Officer

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Types of cases
. Juvenile
					 court hearing officers may accept stipulations in any classes of cases that
					 they are permitted to hear pursuant to Rule 1187.
B.
Requirements
. The
					 stipulation requirements of Rule 1405 shall be followed.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 11 - GENERAL PROVISIONS › Part D - JUVENILE COURT HEARING OFFICERS › Rule 1191 - Juvenile Court Hearing Officer's Findings and Recommendation to the Judge

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Announcement of Findings and Recommendation
. At the conclusion
					 of the hearing, the juvenile court hearing officer shall announce in open court
					 on the record, the juvenile court hearing officer's findings and recommendation
					 to the judge.
B.
Submission
					 of Papers and Contents of Recommendation
. Within two business days of
					 the hearing, the juvenile court hearing officer shall submit specific findings
					 and a recommendation to the juvenile court judge. If requested, a copy of the
					 findings and recommendation shall be given to any party.
C.
Challenge to
					 Recommendation
. A party may challenge the juvenile court hearing
					 officer's recommendation by filing a motion with the clerk of courts within
					 three days of receipt of the recommendation. The motion shall request a
					 rehearing by the judge and aver reasons for the challenge.
D.
Judicial Action
. Within
					 seven days of receipt of the juvenile court hearing officer's findings and
					 recommendation, the judge shall review the findings and recommendation of the
					 juvenile court hearing officer and:
1) accept
					 the recommendation by order;
2)
					 reject the recommendation and issue an order with a different
					 disposition;
3) send the
					 recommendation back to the juvenile court hearing officer for more specific
					 findings; or
4) conduct a
					 rehearing.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 12 - COMMENCEMENT OF PROCEEDINGS, EMERGENCY, CUSTODY, AND PRE-ADJUDICATORY PLACEMENT › Part A(1) - COMMENCING PROCEEDINGS › Rule 1200 - Commencing Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
Dependency proceedings within a judicial district shall
						be commenced by:
1) the filing of a
					 dependency petition;
2) the
					 submission of an emergency custody application;
3) the taking of the child into protective
					 custody pursuant to a court order or statutory authority;
4) the court accepting jurisdiction of a
					 resident child from another state;
5) the court accepting supervision of child
					 pursuant to another state's order; or
6) the filing of a motion for resumption of
					 jurisdiction pursuant to Rule 1634.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 12 - COMMENCEMENT OF PROCEEDINGS, EMERGENCY, CUSTODY, AND PRE-ADJUDICATORY PLACEMENT › Part A(1) - COMMENCING PROCEEDINGS › Rule 1201 - Procedures for Protective Medical Custody

Current through Register Vol. 54, No. 28, July 13, 2024
When a physician examining or treating a child, a
						director, or a person specifically designated in writing by the director, of
						any hospital or other medical institution takes a child into custody pursuant
						to Rule 1200, the following provisions shall apply:
a)
Notice
.
1) The person taking the child into custody
					 shall notify the guardian and the county agency of:
a) the whereabouts of the child, unless
					 disclosure is prohibited by court order; and
b) the reasons for taking the child into
					 custody.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 12 - COMMENCEMENT OF PROCEEDINGS, EMERGENCY, CUSTODY, AND PRE-ADJUDICATORY PLACEMENT › Part A(1) - COMMENCING PROCEEDINGS › Rule 1202 - Procedures for Protective Custody by a Police Officer, Juvenile Probation Officer, and County Agency

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Protective custody
.
1)
No court order
.
a) A police
					 officer or a juvenile probation officer may take a child into protective
					 custody pursuant to Rule 1200 if there are reasonable grounds to believe that
					 the child is suffering from illness or injury or is in imminent danger from the
					 surroundings and removal is necessary.
b) Without unnecessary delay, but no more
					 than twenty-four hours after a child is taken into custody, an application for
					 a protective custody order shall be made to provide temporary emergency
					 supervision of a child pending a hearing pursuant to Rule 1242. The president
					 judge of each judicial district shall ensure that a judge is available
					 twenty-four hours a day, every day of the year to accept and decide actions
					 brought by the county agency within the twenty-four hour period.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 12 - COMMENCEMENT OF PROCEEDINGS, EMERGENCY, CUSTODY, AND PRE-ADJUDICATORY PLACEMENT › Part A(2) - ELECTRONIC FILING AND SERVICE OF LEGAL PAPERS › Rule 1205 - Electronic Filing and Service of Legal Papers

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Authorization
. The
					 president judge of a judicial district by local rule promulgated pursuant to
					 Rule 1121 and Rule of Judicial Administration 103 may authorize electronic
					 filing of legal papers with the clerk of courts in cases in dependency
					 proceedings through the statewide electronic filing system as provided in this
					 rule.
B.
Local
					 Rule.
1) The local rule required
					 under this rule shall include the following provisions:
a) subject to the provisions in paragraph
					 (B)(2), a statement that the electronic filing system is permissive and specify
					 the legal papers subject to the rule, but in no case shall legal papers
					 prohibited from being filed electronically by this rule be permitted to be
					 filed electronically;
b) a
					 provision for the procedures to ensure that any party who declines to
					 participate in the system, or who is unable to electronically file or accept
					 service of legal papers which were filed electronically, or who is otherwise
					 unable to access the system, at a minimum, shall be able to file legal papers
					 in a physical paper format and be served legal papers in a physical format
					 which were electronically filed;
c)
					 any additional provisions as the court may deem necessary to provide a full and
					 complete procedure for the use of the system within the judicial district;
					 and
d) a notation that the
					 Administrative Office of Pennsylvania Courts and the judicial district have
					 agreed upon an implementation plan for PACFile in the judicial
					 district.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 12 - COMMENCEMENT OF PROCEEDINGS, EMERGENCY, CUSTODY, AND PRE-ADJUDICATORY PLACEMENT › Part B - EMERGENCY CUSTODY › Rule 1210 - Order for Protective Custody

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Application of order
. The application for a court order of
					 protective custody may be orally made; however, the request shall be reduced to
					 writing within twenty-four hours. The request shall set forth reasons for the
					 need of protective custody.
B.
Finding of court
.
1) A child
					 may be taken into protective custody by court order when the court determines
					 that removal of the child is necessary for the welfare and best interests of
					 the child.
2) At the time the court
					 issues a protective custody order, the court shall inquire as to whether family
					 finding efforts pursuant to Rule 1149 have been initiated by the county
					 agency.
3) The order may initially
					 be oral, provided that it is reduced to writing within twenty-four hours or the
					 next court business day.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 12 - COMMENCEMENT OF PROCEEDINGS, EMERGENCY, CUSTODY, AND PRE-ADJUDICATORY PLACEMENT › Part C - SHELTER CARE › Rule 1240 - Shelter Care Application

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Filings
. A shelter care application may be oral or in writing.
					 If oral, within twenty-four hours of exercising protective custody pursuant to
					 Rule 1210, the county agency shall file a written shelter care
					 application.
B.
Application
					 contents
. Every shelter care application shall set forth:
1) The name of the applicant;
2) The name, date of birth, and address of
					 the child, if known;
3) The name
					 and address of the child's guardian, or if unknown, the name and address of the
					 nearest adult relative;
4) The date
					 that the child was taken into custody;
5) a concise statement of facts in support of
					 the allegation of dependency;
6) a
					 statement detailing family finding efforts and:
a) The reasonable efforts made to prevent
					 placement; and
b) why there are no
					 less restrictive alternatives available;
7) a verification by the applicant that the
					 facts set forth in the petition are true and correct to the applicant's
					 personal knowledge, information, or belief, and that any false statements are
					 subject to the penalties of the Crimes Code,
					 18 Pa.C.S. §
													4904,
					 relating to unsworn falsification to authorities;
8) The signature of the applicant and the
					 date of the execution of the application; and
9) The whereabouts of the child unless the
					 county agency has determined it would pose a risk to the safety of the child or
					 the guardian, or disclosure is prohibited by the court.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 12 - COMMENCEMENT OF PROCEEDINGS, EMERGENCY, CUSTODY, AND PRE-ADJUDICATORY PLACEMENT › Part C - SHELTER CARE › Rule 1241 - Notification of Shelter Care Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Generally
. The applicant
					 for the shelter care hearing shall notify the following persons of the date,
					 time, and place of the shelter care hearing:
1) The child;
2) The guardian(s) of the child;
3) The attorney for the child;
4) The attorney(s) for the guardian(s)
					 ;
5) The attorney for the county
					 agency;
6) The county agency;
					 and
7) any other appropriate
					 person.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 12 - COMMENCEMENT OF PROCEEDINGS, EMERGENCY, CUSTODY, AND PRE-ADJUDICATORY PLACEMENT › Part C - SHELTER CARE › Rule 1242 - Shelter Care Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Informing of rights
. Upon commencement of the hearing, the
					 court shall ensure that:
1) a copy of the
					 shelter care application is provided to the parties; and
2) all parties are informed of the right to
					 counsel.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 12 - COMMENCEMENT OF PROCEEDINGS, EMERGENCY, CUSTODY, AND PRE-ADJUDICATORY PLACEMENT › Part C - SHELTER CARE › Rule 1243 - Shelter Care Rehearings

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Mandatory Rehearing
. If the guardian submits an affidavit to
					 the county agency alleging that the guardian was not notified of the shelter
					 care hearing and that the guardian did not appear or waive appearance at the
					 shelter care hearing, a rehearing shall be held within seventy-two hours of the
					 submission of the affidavit.
B.
Discretionary Rehearing
. The court may grant a rehearing upon
					 request of a party or on its own motion.
C.
Forum
. The judge, who
					 heard the original shelter care hearing or adopted the findings of the juvenile
					 court hearing officer, shall hold the rehearing, unless the judge assigns the
					 case to a juvenile court hearing officer.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part A - VENUE › Rule 1300 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Generally
. A dependency proceeding shall be commenced in:
1) the county in which the child is present;
					 or
2) the child's county of
					 residence.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part A - VENUE › Rule 1302 - Intercounty Transfer

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Best Interest of the Child
. Any time after the adjudicatory
					 hearing, upon motion of a party or court, a court may consider the transfer of
					 a case to another county if the transfer is best suited to the safety,
					 protection, and physical, mental, and moral welfare of the child.
B.
Notice
. The court shall
					 serve notice of a hearing upon the parties. The county agency in the proposed
					 receiving county shall receive notice of the hearing and be granted standing to
					 participate in the hearing.
C.
Hearing
. The hearing should be conducted in the transferring
					 county no more than 20 days from the date of the notice in paragraph (B) . The
					 county agency in the proposed receiving county shall be permitted to appear at
					 the hearing utilizing advance communication technology.
D.
Acceptance of
					 Jurisdiction
. If the court in the transferring county finds that a
					 proposed transfer would be in the child's best interest and would result in a
					 transfer between judicial districts:
1) the
					 court shall communicate with the president judge or designee of the receiving
					 judicial district to ascertain whether jurisdiction will be accepted;
2) a record of the communication shall be
					 made and served promptly by the court on the parties; and
3) upon service of the record of the
					 communication, the parties shall have five days to file written responses with
					 the court regarding the decision to accept jurisdiction.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part B - APPLICATION FOR PRIVATE PETITION › Rule 1320 - Application to File a Private Petition

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Application Contents
. Any
					 person, other than the county agency, may present an application to file a
					 private petition with the court. The application shall include the following
					 information:
1) the name of the person
					 applying for a petition;
2) the
					 name of the alleged dependent child;
3) the relationship of the person presenting
					 this application to the child and to any other parties;
4) if known, the following:
a) the date of birth and address of the
					 child;
b) the name and address of
					 the child's guardian, or the name and address of the nearest adult
					 relative;
c) if a child is Native
					 American, the child's Native American history or affiliation with a
					 tribe;
d) a statement, including
					 court file numbers where possible, of pending juvenile or family court
					 proceedings and prior or present juvenile or family court orders relating to
					 the child;
5) a concise
					 statement of facts in support of the allegations for which the application for
					 a petition has been filed;
6) a
					 statement that the applying person has reported the circumstances underlying
					 this application to the county agency or a reason for not having reported the
					 circumstances underlying the application;
7) a verification by the person making the
					 application that the facts set forth in the application are true and correct to
					 the person's personal knowledge, information, or belief, and that any false
					 statements are subject to the penalties of the Crimes Code,
					 18 Pa.C.S. §
													4904,
					 relating to unsworn falsification to authorities; and
8) the signature of the person and the date
					 of the execution of the application for a petition.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part B - APPLICATION FOR PRIVATE PETITION › Rule 1321 - Hearing on Application for Private Petition

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Hearing
. The court shall
					 conduct a hearing within fourteen days of the presentation of the application
					 for a petition to determine:
1) if there are
					 sufficient facts alleged to support a petition of dependency; and
2) whether the person applying for the
					 petition is a proper party to the proceedings.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part C - PETITION › Rule 1330 - Petition: Filing, Contents, Function, Aggravated Circumstances

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Filings
.
1) A dependency petition may be filed at any
					 time; however, if a child is taken into custody, the requirements of paragraph
					 (A)(2) shall be met.
2) Within
					 twenty-four hours of the shelter care hearing, the county agency shall file a
					 dependency petition with the clerk of courts when:
a) the child remains in protective custody
					 pursuant to Rule 1201, 1202 or 1210; or
b) the child is not in protective custody but
					 it is determined at a shelter care hearing pursuant to Rule 1242 that the
					 filing of a dependency petition is appropriate.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part C - PETITION › Rule 1331 - Service of Petition

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Copy
. Upon the filing of a petition, a copy of the petition
					 shall be served promptly upon the child, the child's guardian, the child's
					 attorney, the guardian's attorney, the attorney for the county agency, and the
					 county agency.
B.
Method of
					 Service
.
1)
Child and
					 guardian
. The petition shall be served upon the child and all of the
					 child's guardians by:
a) certified mail,
					 return receipt requested and first-class mail; or
b) delivery in-person.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part C - PETITION › Rule 1333 - Separate Petitions and Consolidated Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A. A separate petition for dependency shall
					 be filed for each child alleged to be dependent.
B. If there are multiple petitions filed
					 alleging the dependency of siblings, there shall be a reference in each
					 petition to the sibling's petition.
C. Petitions alleging the dependency of
					 siblings shall be consolidated for one hearing, unless otherwise ordered by the
					 court.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part C - PETITION › Rule 1334 - Amendment of Petition

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Amendment
.
1)
Mandatory
. The court shall allow a petition to be amended when
					 there is a defect in:
a) form;
b) the description of the
					 allegations;
c) the description of
					 any person or property; or
d) the
					 date alleged.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part C - PETITION › Rule 1335 - Withdrawal of Petition

Current through Register Vol. 54, No. 28, July 13, 2024
The attorney for the county agency may withdraw the
						petition. The withdrawal shall be filed with the clerk of
						courts.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part C - PETITION › Rule 1336 - Re-Filing of the Petition After Withdrawal or Dismissal

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Re-filing
. A petition may
					 be re-filed after the petition has been withdrawn pursuant to Rule 1335 or
					 dismissed by the court.
B.
Motion for dismissal
. The court may entertain a motion by any
					 party to dismiss the re-filed petition.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Rule 1342 - Pre-Adjudicatory Conference

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Scope of conference
. At any time after the filing of a
					 petition, upon motion, or upon its own motion, the court may order the parties
					 to appear before it for a conference.
B.
Objections
. The parties
					 shall have the right to record an objection to rulings of the court during the
					 conference.
C.
Record
. The court shall place on the record the agreements or
					 objections made by the parties and rulings made by the court as to any of the
					 matters considered in the pre-adjudicatory conference. Such order shall control
					 the subsequent proceedings unless modified at the adjudicatory hearing to
					 prevent injustice.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(1) - MOTION PROCEDURES › Rule 1344 - Motions and Answers

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Generally
. All motions and answers shall be made orally on the
						record or in writing. An answer to a motion is not required unless ordered by
						the court or otherwise provided in these rules. Failure to answer shall not
						constitute an admission of the well-pleaded facts alleged in the
						motion.
B.
Filings by
						attorneys
. If a party is represented by an attorney, the attorney
						shall make or file all motions and answers.
C.
Requirements for motions
.
						All motions shall comply with the following requirements:
1) The person making a written motion shall
						sign the motion. The signature shall constitute a certification that the motion
						is made in good faith. An oral motion shall be made on the record and the oral
						motion shall constitute a certification that the motion is made in good
						faith.
2) The motion shall state
						with particularity the grounds for the motion, the facts that support each
						ground, and the types of relief or order requested.
3) If the motion sets forth facts that do not
						already appear of record in the case, a verification shall be included or an
						oral statement shall be given that the facts set forth in the motion are true
						and correct to the movant's personal knowledge, information, or
						belief.
4) If the motion is
						written, a certificate of service as required by Rule 1345(C) shall be
						included.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(1) - MOTION PROCEDURES › Rule 1345 - Filing and Service

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Filings
.
1)
Generally
. Except as otherwise provided in these rules, all
						written motions, and any notice or document for which filing is required, shall
						be filed with the clerk of courts.
2)
Clerk of Courts' Duties
.
						Except as provided in paragraph (A)(3), the clerk of courts shall docket a
						written motion, notice, or document when it is received and record the time of
						filing in the docket. The clerk of courts promptly shall transmit a copy of
						these papers to such person as may be designated by the court.
3)
Filings by Represented
						Parties
. In any case in which a party is represented by an attorney,
						if the party submits for filing a written motion, notice, or document that has
						not been signed by the party's attorney, the clerk of courts shall not file the
						motion, notice, or document in the child's official court record or make a
						docket entry, but shall forward it promptly to the party's attorney.
4)
Method of Filing
. Filing
						may be accomplished by:
a) personal delivery
						to the clerk of courts;
b) mail
						addressed to the clerk of courts, provided, however, that filing by mail shall
						be timely only when actually received by the clerk within the time fixed for
						filing; or
c) in a judicial
						district that permits electronic filing pursuant to Rule 1205, as provided in
						Rule 1205(E).
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(2) - ADJUDICATORY SUMMONS AND NOTICE PROCEDURES › Rule 1360 - Adjudicatory Summons

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Summons
. The court shall issue a summons compelling all
						parties to appear for the adjudicatory hearing.
B.
Order appearance
. The
						court may order the person having the physical custody or control of the child
						to bring the child to the hearing.
C.
Requirements
. The summons
						shall:
1) be in writing;
2) set forth the date, time, and place of the
						adjudicatory hearing;
3) instruct
						the child and the guardian about their rights to counsel, and if the child's
						guardian is without financial resources or otherwise unable to employ counsel,
						the right to assigned counsel;
4)
						give a warning stating that the failure to appear for the hearing may result in
						arrest; and
5) include a copy of the
						petition unless the petition has been previously served.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(2) - ADJUDICATORY SUMMONS AND NOTICE PROCEDURES › Rule 1361 - Adjudicatory Notice

Current through Register Vol. 54, No. 28, July 13, 2024
The court shall give notice of the adjudicatory hearing
						  to:
1) The attorney for the county
						agency;
2) The child's
						attorney;
3) The guardian's
						attorney;
4) The parents, child's
						foster parent, preadoptive parent, or relative providing care for the
						child;
5) The county
						agency;
6) The court appointed
						special advocate, if assigned; and
7) any other persons as directed by the
						court.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(2) - ADJUDICATORY SUMMONS AND NOTICE PROCEDURES › Rule 1363 - Service of Summons

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Method of Service
. The summons shall be served:
1) in-person;.
2) by certified mail, return receipt and
						first-class mail.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(2) - ADJUDICATORY SUMMONS AND NOTICE PROCEDURES › Rule 1364 - Failure to Appear on the Summons

Current through Register Vol. 54, No. 28, July 13, 2024
If any summoned person fails to appear for the
						  adjudicatory hearing and the court finds that sufficient notice was given, the
						  judge may issue a bench warrant pursuant to Rule 1140.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part E - PRESERVATION OF TESTIMONY AND EVIDENCE › Rule 1380 - Preservation of Testimony After Commencement of Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
A.
By Court Order
.
1) At any time after the commencement of
					 proceedings, upon motion of any party, and after notice and hearing, the court
					 may order the taking and preserving of the testimony of any witness who may be
					 unavailable for the adjudicatory hearing or for any other proceeding, or when
					 due to exceptional circumstances, it is in the interests of justice that the
					 witness' testimony be preserved;
2)
					 The court shall state on the record the grounds on which the order is
					 based;
3) The court's order shall
					 specify the time and place for the taking of the testimony, the manner in which
					 the testimony shall be recorded and preserved, and the procedures for custody
					 of the recorded testimony;
4) The
					 testimony shall be taken in the presence of the court, all parties and their
					 attorneys, unless otherwise ordered; and
5) The court shall rule on the admissibility
					 of the preserved testimony if it is offered into evidence at the adjudicatory
					 hearing or other judicial proceeding.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 13 - PRE-ADJUDICATORY PROCEDURES › Part E - PRESERVATION OF TESTIMONY AND EVIDENCE › Rule 1381 - Preservation of Testimony by Video Recording

Current through Register Vol. 54, No. 28, July 13, 2024
A. When the testimony of a witness is taken
					 and preserved pursuant to Rule 1380 by means of video recording, the testimony
					 shall be recorded simultaneously by a stenographer.
B. The following technical requirements shall
					 be made part of the court order required by Rule 1380(A) or the written
					 agreement provided in Rule 1380(B) :
1) The
					 video recording shall begin with a statement on camera that includes:
a) The operator's name and business
					 address;
b) The name and address of
					 the operator's employer;
c) The
					 date, time, and place of the video recording;
d) The caption of the case;
e) The name of the witness;
f) The party on whose behalf the witness is
					 testifying; and
g) The nature of
					 the judicial proceedings for which the testimony is
					 intended;
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 14 - ADJUDICATORY HEARING › Rule 1401 - Introduction to Chapter Fourteen

Current through Register Vol. 54, No. 28, July 13, 2024
Under these rules and the Juvenile Act,
					 42 Pa.C.S. §
											6301 et
					 seq., a determination for each case requires separate and distinct findings.
					 First, the court is to hold an adjudicatory hearing, governed by Rule 1406 or
					 accept stipulations, governed by Rule 1405. Second, after hearing the evidence
					 or accepting the stipulations, the court is to make specific findings on the
					 petition as to each allegation pursuant to Rule 1408, stating with
					 particularity the allegations proven by clear and convincing evidence. Third,
					 after entering its findings, the court is to determine if the child is
					 dependent, pursuant to Rule 1409. If aggravated circumstances are alleged, the
					 court is to determine if aggravated circumstances exist, pursuant to Rule 1705.
					 After the court has made these findings and if the court finds that the child
					 is dependent, the court is to hold a dispositional hearing as provided for in
					 Rule 1512 and is to enter a dispositional order under Rule 1515. Nothing in
					 these rules precludes the court from making these determinations at the same
					 proceeding as long as the requirements of each rule are followed.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 14 - ADJUDICATORY HEARING › Rule 1404 - Prompt Adjudicatory Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Child in custody
. If a child has been removed from the home,
				  an adjudicatory hearing shall be held within ten days of the filing of the
				  petition.
B.
Child not in
				  custody
. If a child has not been removed from the home, the
				  adjudicatory hearing shall be held as soon as practical but within forty-five
				  days of the filing of the petition.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 14 - ADJUDICATORY HEARING › Rule 1405 - Stipulations

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Agreements
. At any time after the filing of a petition, any
				  party may present stipulations or agreements by all parties to the court in
				  writing or orally on the record to any or all of the following:
1) Findings of fact to be deemed admitted by
				  the parties;
2) A statement of the
				  parties' agreement for placement;
3) A statement of the parties' agreement for
				  visitation;
4) Time frame within
				  which the stipulation shall be in effect;
5) Time frame within which court shall review
				  compliance;.
6) Any other
				  stipulation or agreement found to be appropriate by the
				  court.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 14 - ADJUDICATORY HEARING › Rule 1406 - Adjudicatory Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Manner of hearing
. The court shall conduct the adjudicatory
				  hearing in an informal but orderly manner.
1)
Notification
. Prior to commencing the proceedings, the court
				  shall ascertain:
a) whether notice
				  requirements pursuant to Rules 1360 and 1361 have been met; and
b) whether unrepresented parties have been
				  informed of the right to counsel pursuant to
				  42 Pa.C.S. §
													6337.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 14 - ADJUDICATORY HEARING › Rule 1408 - Findings on Petition

Current through Register Vol. 54, No. 28, July 13, 2024
The court shall enter findings, within seven days of
					 hearing the evidence on the petition or accepting stipulated facts by the
					 parties:
1) by specifying which, if
				  any, allegations in the petition were proved by clear and convincing evidence;
				  and
2) its findings as to whether
				  the county agency has reasonably engaged in family finding as required pursuant
				  to Rule 1149.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 14 - ADJUDICATORY HEARING › Rule 1409 - Adjudication of Dependency and Court Order

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Adjudicating the child
				  dependent
. Once the court has made its findings under Rule 1408, the
				  court shall enter an order whether the child is dependent.
1)
Dependency
. If the court
				  finds from clear and convincing evidence that the child is dependent, the court
				  shall proceed to a dispositional hearing under Rule 1512.
2)
No dependency
. If the
				  court finds the child not to be dependent or the court finds a parent ready,
				  willing, and able to provide proper parental care or control, the court shall:
a) dismiss the petition;
b) order the child to be discharged from
				  custody and any restrictions ordered in the proceedings; and
c) enter an order identifying individual(s)
				  who will have the legal and physical custody until such order is modified by
				  further order of the court.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 15 - DISPOSITIONAL HEARING › Part A - SUMMONS AND NOTICE OF THE DISPOSITIONAL HEARING › Rule 1500 - Summons for the Dispositional Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Summons
. The court may
					 issue a summons compelling any party to appear for the dispositional
					 hearing.
B.
Order
					 appearance
. The court may order the person having the physical custody
					 or control of the child to bring the child to the hearing.
C.
Requirements
. The general
					 summons procedures of Rule 1124 shall be followed.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 15 - DISPOSITIONAL HEARING › Part A - SUMMONS AND NOTICE OF THE DISPOSITIONAL HEARING › Rule 1501 - Dispositional Notice

Current through Register Vol. 54, No. 28, July 13, 2024
The court or its designee shall give notice of the
						dispositional hearing to:
1) all
					 parties;
2) The attorney for the
					 county agency;
3) The child's
					 attorney
4) The guardian's
					 attorney;
5) The parents, child's
					 foster parent, preadoptive parent, or relative providing care for the
					 child;
6) The court appointed
					 special advocate, if assigned;
7)
					 the educational decision maker, if applicable; and
8) any other persons as directed by the
					 court.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 15 - DISPOSITIONAL HEARING › Part B - DISPOSITIONAL HEARING AND AIDS › Rule 1509 - Aids in Disposition

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Examinations
. The court may order the child, parent, guardian,
					 or other person being considered as a dispositional placement resource to
					 undergo any examination permitted by law, as it deems appropriate to aid in the
					 decision for disposition.
B.
Experts
. Experts may be utilized during the dispositional
					 hearing. Discovery pursuant to Rule 1340 shall occur prior to the dispositional
					 hearing.
C.
Family Service
					 Plan or Permanency Plan
. If the county agency has completed a family
					 service plan or permanency plan, it shall be given to all parties immediately
					 and submitted to the court upon request.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 15 - DISPOSITIONAL HEARING › Part B - DISPOSITIONAL HEARING AND AIDS › Rule 1510 - Prompt Dispositional Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
If the child has been removed from the home, the
						dispositional hearing shall be held no later than twenty days after the
						findings on the petition under Rule 1408.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 15 - DISPOSITIONAL HEARING › Part B - DISPOSITIONAL HEARING AND AIDS › Rule 1511 - Pre-Dispositional Statement

Current through Register Vol. 54, No. 28, July 13, 2024
The petitioner shall state its recommended disposition in
						a pre-dispositional statement. The statement shall be filed with the court at
						least three days prior to the dispositional hearing.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 15 - DISPOSITIONAL HEARING › Part B - DISPOSITIONAL HEARING AND AIDS › Rule 1512 - Dispositional Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Manner of hearing
. The court shall conduct the dispositional
					 hearing in an informal but orderly manner.
1)
Evidence
. The court shall receive any oral or written evidence
					 which is helpful in determining disposition, including evidence that was not
					 admissible at the adjudicatory hearing.
2)
Opportunity to be heard
.
					 Before deciding disposition, the court shall give the parent, child's foster
					 parent, preadoptive parent, relative providing care for the child and court
					 appointed special advocate, if assigned, an opportunity to make a
					 statement.
3)
Advanced
					 communication technology
. Upon good cause shown, a court may utilize
					 advanced communication technology pursuant to Rule 1129.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 15 - DISPOSITIONAL HEARING › Part B - DISPOSITIONAL HEARING AND AIDS › Rule 1514 - Dispositional Finding Before Removal from Home

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Required Findings
. Prior
					 to entering a dispositional order removing a child from the home, the court
					 shall state on the record in open court the following specific findings:
1 Continuation of the child in the home would
					 be contrary to the welfare, safety, or health of the child;
2 The child's placement is the least
					 restrictive placement that meets the needs of the child, supported by reasons
					 why there is no less restrictive alternative available;
3 If the child has a sibling who is subject
					 to removal from the home, whether reasonable efforts were made prior to the
					 placement of the child to place the siblings together or whether such joint
					 placement is contrary to the safety or well-being of the child or
					 sibling;
4 The county agency has
					 reasonably satisfied the requirements of Rule 1149 regarding family finding;
5 One of the following:
(i) Reasonable efforts were made prior to the
					 placement of the child to prevent or eliminate the need for removal of the
					 child from the home, if the child has remained in the home pending such
					 disposition; or
(ii) If preventive
					 services were not offered due to the necessity for emergency placement, whether
					 such lack of services was reasonable under the circumstances; or
(iii) If the court previously determined that
					 reasonable efforts were not made to prevent the initial removal of the child
					 from the home, whether reasonable efforts are under way to make it possible for
					 the child to return home; and
6 The county agency has provided a permanency
					 plan and services pursuant to
					 67 Pa.C.S. §
													7504.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 15 - DISPOSITIONAL HEARING › Part B - DISPOSITIONAL HEARING AND AIDS › Rule 1515 - Dispositional Order

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Generally
. When the court enters a disposition, the court
					 shall issue a written order, which provides that the disposition is best suited
					 to the safety, protection, and physical, mental, and moral welfare of the
					 child. The order shall include:
1) any
					 findings pursuant to Rules 1512(D) and 1514;
2) the date of the order; and
3) the signature and printed name of the
					 judge entering the order.