THE COURTS
Title 255--LOCAL COURT RULES
BEAVER COUNTY
Amendments to Local Orphan's Court Rules; Rule L.15.1.C--As Amended, Rule L.15.1D and Rule L.15.1G
[29 Pa.B. 4942]
Order Now, this 7th day of September, 1999, the Court hereby adopts the following Beaver County Local Orphan's Court Rules, to be effective thirty (30) days after the date of publication in the Pennsylvania Bulletin.
It is further Ordered that the District Court Administrator shall file seven (7) certified copies of this Rule with the Administrative Office of the Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Civil Procedure Rules Committee and one (1) copy to the Beaver County Law Journal for publication in the next issue of the Beaver County Law Journal.
It is further ordered that this local rule shall be kept continuously available for public inspection and copying in the Beaver County Prothonotary's Office and the Register of Wills Office.
By the Court
ROBERT C. REED,
President Judge
Amendments to Local Orphan's Court Rules Rule L.15.1.C--As Amended
The present rule L.15.1C is hereby revoked and the following rule substituted.
The procedure set forth below shall be followed in involuntary termination cases.
Procedure to Notify Birth Parent of Hearing A. If address of parent is known, send certified restricted letter to parent. When green card is returned by parent, prepare a Proof of Notice and have this notarized.
B. If location of parent is known, parent can be personally notified by giving a copy of the notice to parent, noting time and place. On return to office, prepare Proof of Notice, sign and have notarized.
C. If parent's whereabouts are unknown:
1. Search record for all documented addresses of parents.
2. Contact as many of the following places as possible in an attempt to locate missing parent: Known relatives and friends, state and local prisons, clerk of courts, domestic relations non-support office, CHRI (state police), local phone book, local post office, and any agency which might be involved with the parent. Document these attempts on contact sheets.
3. Send certified, restricted letter with notice to last known address of parent.
4. Publish notice in newspaper, the general circulation of which covers area where parent last lived.
5. Publish notice of hearing in Beaver County Law Journal.
If whereabouts of parent or parents are unknown, an Affidavit of Search must be filed by petitioner. See Exhibit A.
Notice of the hearing shall be given as set forth in Exhibit B.
The Petition for Involuntary Termination shall be as set forth in Exhibit C.
The Decree Nisi shall be as set forth in Exhibit D.
The Final Decree shall be as set forth in Exhibit E.
The Notice of Right of Appeal shall be as set forth in Exhibit F.
D. Time of notice shall be as provided for in Supreme Court Orphan's Court Rules.
E. The following forms shall be used.
1. Exhibit A--Affidavit of Search--for use if whereabouts of parent are unknown.
2. Exhibit B--Notice of Hearing
3. Exhibit C--Petition for Involuntary Termination
4. Exhibit D--Decree Nisi
5. Exhibit E--Final Decree
6. Exhibit F--Notice of Right of Appeal
Rule L.15.1D
(c) In any case where a parent is incarcerated or undergoing a civil commitment and a request has been made for the appointment of counsel, counsel will be appointed and arrangements made for the parent to be present at the hearing.
Rule L.15.1G
A copy of the Decree Nisi, the adjudication, the Final Decree and Notice of Right of Appeal shall be mailed, by the Clerk of the Orphan's Court, to counsel of record within one (1) business day after filing.
If there is no counsel of record, a copy of the Decree Nisi, the adjudication, the Final Decree and Notice of Right of Appeal shall be mailed, by the Clerk of the Orphan's Court, to the parent within one (1) business day after filing. If the parent has no known address, notice shall not be required.
IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY PENNSYLVANIA
ORPHAN'S COURT DIVISION
IMPORTANT NOTICE
IN RE: No. ______ of ______ To: ___________________________, parents of _________________
The Court has set a hearing to consider ending your rights to your child. That hearing will be held in Courtroom No. 1 in the Beaver County Courthouse on_________________, 1999 at ______ o'clock ____.m.
RIGHTS TO YOUR CHILD(REN)--You are warned that even if you fail to appear at the scheduled hearing, the hearing will go on without you and your rights to your child(ren) may be ended by the Court without your being present, which means that you will lose all rights to custody, visitation, communication with your child(ren). If termination is granted you will receive no notice of future legal proceedings concerning your child(ren).
LEGAL REPRESENTATION--You have a right to be represented at the hearing by a lawyer. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below to find out where you can get legal help.
LAWYER REFERRAL SERVICE
788 Turnpike Street, Beaver, PA 15009 (724) 728-4888If you have contacted Lawyer Referral Service and still have not been able to obtain a lawyer, you can still appear at the hearing to request the appointment of a lawyer. If you are indigent, the Court will appoint a lawyer to represent you.
RIGHTS IF INCARCERATED--If you cannot attend the hearing because you are or will be in jail, and want a lawyer, or to appear at the hearing, you must write within ten (10) days of the receipt of this notice to:
ORPHAN'S COURT JUDGE, BEAVER COUNTY COURTHOUSE, BEAVER, PA 15009 A Petition has been filed asking the Court to put an end to all rights you have to your child, _________________. A copy of said Petition is attached hereto.
_______________________________________________
Name of Attorney Address
IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY
PENNSYLVANIA
ORPHAN'S COURT DIVISION
IN RE: ADOPTION OF : No. ______ of_____
PETITION FOR INVOLUNTARY TERMINATION OF PARENTAL RIGHTS
(Section 2512--Adoption Act)AND NOW, this ______ day of ______, 19__, comes the Petitioner(s), and sets forth the following facts:
1. Names of Petitioner(s) _____________________________________
2. Describe the relationship of the Petitioner(s) to the child ___________________________
_______________________________________________
3. Regarding the child(ren), provide the following information:
Religious Name Age DOB Race Sex Affiliation _______________________________________________
_______________________________________________
_______________________________________________
4. Regarding the parent(s) who are the subject of the Petition, provide the following:
Religious Name Age DOB Race Sex Affiliation _______________________________________________
_______________________________________________
_______________________________________________
5. Was the mother married at any time during one year prior to the birth of the child(ren)?
Yes ______ No ______ If yes, provide the name of each husband and mother's maiden name:
_______________________________________________
_______________________________________________
6. The Petitioner(s) is authorized to seek termination pursuant to Section 2512 of the Adoption Act on the basis that the petitioner(s) is/are (check the applicable status):
____ a parent who seeks termination with respect to other parent;
____ an agency;
____ an individual having custody or standing in loco parentis to the child, who has filed a report of intention to adopt as per Section 2531 of the Adoption Act;
____ an attorney representing a child or a guardian ad litem representing a child who has been adjudicated dependent under 42 Pa.C.S. § 6431(c) (relating to adjudication).
7. The grounds for termination of parental rights upon which the petitioner(s) rely are: (check applicable grounds)
__ the parent by conduct continuing for a period of at least (6) months immediately preceding the filing of the petition either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties; __ the repeated and continued incapacity, abuse, neglect or refusal of the parent has caused the child to be without essential parental care, control or subsistence necessary for his physical or mental well-being and the conditions and causes of the incapacity, abuse, neglect or refusal cannot or will not be remedied by the parent; __ the parent is the presumptive but not the natural father of the child; __ the child is in the custody of an agency, having been found under such circumstances that the identity or whereabouts of the parent is unknown and cannot be ascertained by diligent search and the parent does not claim the child within three months after the child is found; __ the child has been removed from the care of the parent by the Court or under a voluntary agreement with an agency for a period of at least six months, the conditions which led to the removal or placement of the child continue to exist, the parent cannot or will not remedy those conditions within a reasonable period of time, the services or assistance reasonably available to the parent are not likely to remedy the conditions which led to the removal or placement of the child within a reasonable period of time and termination of the parental rights would best serve the needs and welfare of the child; __ in the case of a newborn child, the parent knows or has reason to know of the child's birth, does not reside with the child, has not married the child's other parent, has failed for a period of four months immediately preceding the filing of the petition to make reasonable efforts to maintain substantial and continuing contact with the child and has failed during the same four month period to provide substantial financial support for the child; __ the parent is the father of a child who was conceived as a result of a rape; __ the child has been removed from the care of the parent by the Court or under a voluntary agreement with an agency, twelve (12) months or more have elapsed from the date of removal or placement, the conditions which led to the removal or placement of the child continue to exist and termination of parental rights would best serve the needs and welfare of the child. 8. The facts which support each of the grounds checked above, and which establish that termination of parental rights would be in the best interests of the child, are set forth as follows (provide a statement of the facts underlying your petition, or a report from Children and Youth Services.)
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
9. If the petitioner(s) is not an agency, has a Petition for Adoption been filed or is adoption presently contemplated?
Yes ____ No ____ Is the child(ren) placed in the care of the petitioners? Yes ____ No ____ If yes, give the date of placement ___________________________ 10. The petitioner(s) will assume custody of the child(ren) if this petition is granted.
11. If the father of the child(ren) has not been identified, has a claim of paternity been filed?
Yes ____ No ____ 12. Is either parent entitled to benefits under the Soldiers' and Sailors' Civil Relief Act (50 U.S.C.A. § 501, et seq).
13. The following exhibits are attached:
____ birth certificate of child(ren); ____ consent of parent for petitioner under age eighteen (18). ____ statement of facts or report from Children and Youth Services 14. VERIFICATION:
I, (We) verify that the statements made in this Petition are true and correct. I understand that statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
WHEREFORE, the Petitioner(s) request that a hearing be scheduled and a citation issued to the respondent(s) directing them to appear before the Court at a day and time scheduled.
_________________
_________________
IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY
PENNSYLVANIA
ORPHAN'S COURT DIVISION
AFFIDAVIT OF SEARCH
(To be filed if parents' whereabouts are unknown)
IN RE: _________________ : No. ______ of ______ I hereby certify that I have made the following efforts to locate the parent(s):
1. Searched file for addresses (Children and Youth Services)
2. Contacted or searched (place a checkmark beside those that are applicable.
____ Known relatives and friends ____ Phone Book ____ Post Office ____ Prisons, State and Local ____ Clerk of Courts ____ CHRI 3. Publication
I verify that the statements herein are true and correct and subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
_________________
IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: Adoption of : No._________________ : Docket ______ Page ______ _________________ : Filing Fee _________________ (ADOPTEE's name as on birth certificate) : Attorney _________________
DECREE NISI
(Involuntary Termination of Parental Rights)AND NOW, this ______ day of ______, 19____, after review of the record and after an evidentiary hearing following due notice, the Court makes the following findings and judicial determinations:
1. Petitioner(s) has/have established a legal basis for terminating the parental rights of
_____________________________________
hereinafter referred to as Respondent(s):2. The following subsection(s) of 23 Pa.C.S.A. Section 2511 establish the basis for terminating the parental rights of Respondent(s).
Check the applicable subsections
____ a. The parent(s) by conduct continuing for a period of at least six months immediately preceding the filing of the Petition either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties. ____ b. The repeated and continued incapacity, abuse, neglect or refusal of the parent(s) has caused the child to be without essential parental care, control or subsistence necessary for his physical or mental well-being, and the conditions and causes of the incapability, abuse, neglect or refusal cannot or will not be remedied by the parent(s). ____ c. The parent is the presumptive but not the natural father of the child. ____ d. The child is in the custody of an agency, having been found under such circumstances that the identity or whereabouts of the parent(s) is/are unknown and cannot be ascertained by diligent search, and the parent(s) does/do not claim the child within three months after the child is found. ____ e. The child has been removed from the care of the parent(s) by the Court or under a voluntary agreement with an agency for a period of at least six (6) months, the conditions which led to the removal or placement of the child continue to exist, the parent(s) cannot or will not remedy those conditions within a reasonable period of time, the service or assistance reasonably available to the parent(s) are not likely to remedy the condition which led to the removal or placement of the child within a reasonable period of time and termination of the parental rights would best serve the needs and welfare of the child. ____ f. In the case of a newborn child, the parent knows or has reason to know of the child's birth, does not reside with the child, has not married the child's other parent, has failed for a period of four months immediately preceding the filing of the Petition to make reasonable efforts to maintain substantial and continuing contact with the child and has failed during the same four-month period to provide substantial financial support for the child. ____ g. The parent is the father of a child who was conceived as a result of a rape. 3. The decision of the Court is based on the following findings of fact.
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
4. It is hereby Ordered, Adjudged and Decreed that the parental rights of the above-mentioned Respondent(s) to adoptee are forever terminated.
5. The adoption of ADOPTEE may continue without further notice to or consent of the above-mentioned Respondent(s).
6. The custody of ADOPTEE is hereby transferred to
a. the adopting parent(s) _____________________________________
_____________________________________
_____________________________________
b. an approved Agency and such Agency is hereby authorized to give consent to the adoption of ADOPTEE.
7. Unless exceptions are filed with the Clerk of the Orphans' Court within ten (10) days after the entry of this decree, the decree will be made final.
BY THE COURT,
_________________
P.J.
IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY
PENNSYLVANIA
ORPHAN'S COURT DIVISION
IN RE: No. ____ of 19__
FINAL DECREE AND NOW, this ____ day of 19__, whereas a Decree Nisi was entered in the within matter, and exceptions having been filed, the exceptions are hereby dismissed and it is therefore ORDERED, ADJUDGED and DECREED that a final decree be entered and that all parental rights and duties of ______ are terminated forever. The adoption of the said child may be decreed without further consent of or notice to the aforesaid parent.
In accordance with 23 Pa.C.S.A. § 2905(d), said parent is advised of the continuing right to place and update personal and medical history information, whether or not the medical condition is in existence or discoverable at this time, on file with the Court and with the Department of Welfare.
BY THE COURT:
______, P.J.
IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY
PENNSYLVANIA
ORPHAN'S COURT DIVISION
IN RE: No. ____ of __
NOTICE OF RIGHT OF APPEAL A Final Decree has been entered in the above-captioned matter, permanently terminating your parental rights and obligations with regard to the following child or children: _________________. The adoption of said child or children may proceed without your further consent or notice.
You are hereby advised of your right to take an appeal from the Final Decree. Pursuant to Pa.R.A.P. 903, notice of appeal must be filed within thirty (30) days after the entry of the Final Decree.
[Pa.B. Doc. No. 99-1614. Filed for public inspection September 24, 1999, 9:00 a.m.]
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