THE COURTS

PART I. RULES

[ 237 PA. CODE CH. 13 ]

Proposed Amendment of Pa.R.J.C.P. 1320 and 1321

[46 Pa.B. 3949]
[Saturday, July 23, 2016]

 The Juvenile Court Procedural Rules Committee is planning to propose to the Supreme Court of Pennsylvania the amendment of Pa.R.J.C.P. 1320 and 1321 concerning private dependency petitions for the reasons set forth in the accompanying explanatory report. Pursuant to Pa.R.J.A. No. 103(a)(1), the proposal is being published in the Pennsylvania Bulletin for comments, suggestions, or objections prior to submission to the Supreme Court.

 Any reports, notes, or comments in the proposal have been inserted by the Committee for the convenience of those using the rules. They neither will constitute a part of the rules nor will be officially adopted by the Supreme Court.

 Additions to the text of the proposal are bolded; deletions to the text are bolded and bracketed.

 The Committee invites all interested persons to submit comments, suggestions, or objections in writing to:

Daniel A. Durst, Chief Counsel
Juvenile Court Procedural Rules Committee
Supreme Court of Pennsylvania
Pennsylvania Judicial Center
PO Box 62635
Harrisburg, PA 17106-2635
FAX: 717-231-9541
juvenilerules@pacourts.us

 All communications in reference to the proposal should be received by September 1, 2016. E-mail is the preferred method for submitting comments, suggestions, or objec-tions; any e-mailed submission need not be reproduced and resubmitted via mail. The Committee will acknowledge receipt of all submissions.

By the Juvenile Court
Procedural Rules Committee

KERITH STRANO TAYLOR, Esq., 
Chair

Annex A

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.

 [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.

Comment

 [Rule 1330 requires that the county agency file a petition.] Any person, other than the county agency, [is to] shall first file an application to file a petition under this Rule. Rule 1800 suspends 42 Pa.C.S. § 6334[, which provides any person may file a petition] to the extent it is inconsistent with this Rule.

 See Rule 1321 for hearing on application [and finding that a petition is to be filed by the county agent].

 Official Note: Rule 1320 adopted August 21, 2006, effective February 1, 2007. Amended May 12, 2008, effective immediately. Amended   , 2016, effective   , 2016.

 Committee Explanatory Reports:

 Final Report explaining the provisions of Rule 1320 published with the Court's Order at 36 Pa.B. 5599 (September 2, 2006).

 Final Report explaining the amendments to Rule 1320 published with the Court's Order at 38 Pa.B. 2360 (May 24, 2008).

 Final Report explaining the amendments to Rule 1320 published with the Court's Order at  Pa.B.   (   , 2016).

Rule 1321. Hearing on Application for Private Petition.

 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.

 B. Findings.

 1) If the court finds sufficient facts to support a petition of dependency, then the applicant may file a petition [may be filed] pursuant to Rule 1330.

 2) If the court finds the person making the application for a petition is a proper party to the proceedings, then the person shall be afforded all rights and privileges given to a party pursuant to law.

 C. Joinder. Following grant of an application under this rule, the county agency shall be joined as party in any further proceedings upon filing and service of a private petition pursuant to Rules 1330 and 1331.

Comment

 Under paragraph (A), at a hearing, the court is to determine if: 1) there are sufficient facts alleged to support a petition of dependency; and 2) the applying person is a proper party to the proceedings. A petition of dependency may go forward whether or not the applying person is determined to be a party to the proceedings.

 If a child is in custody, the hearing under paragraph (A) may be combined with the shelter care hearing pursuant to Rule 1242.

 Official Note: Rule 1321 adopted August 21, 2006, effective February 1, 2007. Amended   , 2016, effective   , 2016.

 Committee Explanatory Reports:

 Final Report explaining the provisions of Rule 1321 published with the Court's Order at 36 Pa.B. 5571 (September 2, 2006).

 Final Report explaining the amendments to Rule 1321 published with the Court's Order at  Pa.B.   (   , 2016).

REPORT
Proposed Amendment of Pa.R.J.C.P. 1320 and 1321

 The Juvenile Court Procedural Rules Committee proposes to amend Rules 1320 and 1321 to clarify the procedures for private dependency petitions. Pursuant to Rule 1320, any person other than a county agency may present an application to the court to file a private dependency petition with the court. If the court finds sufficient facts to support a petition, then a petition may be filed pursuant to Rule 1330. Pa.R.J.C.P. 1321(B)(1).

 A question was raised about who files the petition after the court has approved the application: Is it the county agency or the private party who filed the application? The rule is silent on this point. The Comment to Rule 1320 suggests that the agency files petitions after the application has been approved while the title to the rule suggests that private petitions are permissible.

 The Committee favors revision of the Comment to Rule 1320 to clarify that a private party must first file an application before proceeding with a private petition. The first sentence of the Comment, which states ''Rule 1330 requires that the county agency file a petition.'' would be struck because it is believed this sentence is creating the confusion.

 The Committee discussed when the county agency should be made a party to the proceedings. One option is upon approval of the application and another option is upon adjudication of the dependency petition. While it was noted that an agency might voluntarily file a petition if the application is granted, the Committee was reluctant to endorse a rule that would compel the county agency to file and litigate the petition

 Therefore, the Committee proposes an addition to Rule 1321 stating: ''If the court finds specific facts for dependency, then the applicant may file a dependency petition.'' This addition is intended to clarify that the applicant may proceed with the filing of a private petition—a conclusion supported by Rule 1331 (requiring a copy of the petition to be served on the county agency and its attorney), which contemplates the filing of petitions by private parties.

 Notwithstanding the pursuit of a dependency adjudication by a private party, the Committee believes that the county agency should be a party to the proceeding. Accordingly, the Committee proposes adding language to Rule 1321 that would join the county agency as a party upon the filing and service of a dependency petition. This provision would appear as new paragraph (C).

 The Committee invites all comments, concerns, and suggestions regarding this rulemaking proposal.

[Pa.B. Doc. No. 16-1250. Filed for public inspection July 22, 2016, 9:00 a.m.]

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