THE COURTS
Title 237—JUVENILE RULES
PART I. RULES
[ 237 PA. CODE CH. 13 ]
Order Amending Rule 1300, and Rescinding and Replacing Rule 1302 of the Pennsylvania Rules of Juvenile Court Procedure; No. 838 Supreme Court Rules Doc.
[50 Pa.B. 2389]
[Saturday, May 9, 2020]
Order Per Curiam
And Now, this 28th day of April, 2020, upon the recommendation of the Juvenile Court Procedural Rules Committee, the proposal having been published for public comment at 49 Pa.B. 3887 (July 27, 2019):
It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that:
1) Pennsylvania Rule of Juvenile Court Procedure 1300 is amended; and
2) Pennsylvania Rule of Juvenile Court Procedure 1302 is rescinded and replaced in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on October 1, 2020.
Annex A
TITLE 237. JUVENILE RULES
PART I. RULES
Subpart B. DEPENDENCY MATTERS
CHAPTER 13. PRE-ADJUDICATORY PROCEDURES
PART A. VENUE Rule 1300. Venue.
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.
B. Change of [venue. For] Venue. At any time prior to the adjudicatory hearing, for the convenience of parties and witnesses, the court, upon its own motion or motion of any party, may transfer an action to the appropriate court of any county where the action could originally have been brought or could be brought at the time of filing the motion to change venue.
C. Transmission of [all records] All Records. If there is a change of venue ordered pursuant to paragraph (B), within five days:
[1) the transferring court shall transfer certified copies of all documents, reports, and summaries in the child's official court record to the receiving court; and
2) The county agency of the transferring court shall transfer all its records to the county agency where venue has been transferred.]
1) the transferring county's clerk of courts shall inform the receiving county's clerk of courts of the manner in which certified copies of all documents, reports, and summaries in the child's official court record will be transferred;
2) the transferring county's clerk of courts shall transfer certified copies of all documents, reports, and summaries in the child's official court record to the receiving county's clerk of courts;
3) the transferring county agency shall transfer all its records to the receiving county agency;
4) the receiving county's clerk of courts shall notify its county agency and the transferring county's clerk of courts of its receipt of the official court records; and
5) the receiving county agency shall schedule the next court proceeding in accordance with the time requirements of these Rules.
D. Continuation of Services. To ensure there is no interruption in services, the transferring county agency is to continue services until the case transfer has been completed, which occurs when the receiving county's clerk of court notifies of receipt of the official court record as provided in paragraph (C)(4).
Comment See 42 Pa.C.S. § [6321] 6321(b).
For procedures regarding motions and answers, see Rule 1344. In addition to the procedures for service of orders under Rule 1167, an order changing venue is to be served upon the new county agency and the receiving court so they may begin proceedings in the receiving county.
Pursuant to paragraph (C), all records are to be transferred within five days of the order for change in venue. Nothing in this rule prohibits the use of electronic means when transferring and receiving records, but the manner in which records are transmitted must be communicated. If there is an electronic transfer, the receiving county is to send an electronic confirmation of receipt of the records as the return receipt. The transferring county's clerk of courts is to docket the confirmation of receipt of records by the receiving county and may close the case once the confirmation has been received.
For transfer of agency records, see 55 Pa. Code § 3490.401.
Official Note: Rule 1300 adopted August 21, 2006, effective February 1, 2007. Amended December 24, 2009, effective immediately. Amended April 28, 2020, effective October 1, 2020.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1300 published with the Court's Order at 36 Pa.B. 5571 (September 2, 2006).
Final Report explaining the amendments to Rule 1300 published with the Court's Order at 40 Pa.B. 222 (January 9, 2010).
Final Report explaining the amendments to Rule 1300 published with the Court's Order at 50 Pa.B. 2389 (May 9, 2020).
Rule 1302. [Inter-County] Intercounty Transfer.
[A. Transfer. A court may transfer a case to another county at any time.
B. Transmission of official court record. If the case is transferred pursuant to paragraph (A):
1) the transferring court shall transfer certified copies of all documents, reports, and summaries in the child's official court record to the receiving court; and
2) the county agency of the transferring court shall transfer all its records to the county agency where jurisdiction has been transferred.
Comment See 42 Pa.C.S. § 6321.]
(Editor's Note: The text of this rule is entirely new and printed in regular type to enhance readability.)
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.
E. Order.
1) An order approving a transfer shall specify an effective date for the transfer no less than ten days from date of the order to allow for the coordination of services and preparation of the official court record for transmission.
2) The court shall direct the clerk of courts to serve the order upon the parties, the receiving county agency, and the president judge or designee of the receiving court, if applicable.
F. Matters of Cooperation between Courts. Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
G. Receiving Court. On or before the effective date of the order established in paragraph (E)(1), the receiving court shall enter an order:
1) accepting jurisdiction of the case as of the effective date;
2) appointing a guardian ad litem and counsel, if necessary;
3) directing the clerk of courts to serve the order upon the transferring court, if necessary, the county agencies, the parties, and the transferring county's clerk of courts;
4) directing the receiving county agency to conduct a home visit and safety assessment consistent with the requirements of 55 Pa. Code § 3490.401; and
5) scheduling a review hearing to occur within 30 days.
H. Transmission of Official Court Record.
1) The transferring county's clerk of courts shall inform the clerk of the receiving court of the manner in which certified copies of all documents, reports, and summaries in the child's official court record will be transferred.
2) On the effective date of the transfer, the transferring county's clerk of courts shall transmit certified copies of all documents, reports, and summaries in the child's official court record to the clerk of the court of the receiving county.
3) The receiving county's clerk of courts shall notify its county agency and the transferring court of its receipt of the official court records.
I. County Agencies. The transferring county agency shall continue services until the effective date of the transfer.
Comment If proceedings are commenced in a county other than the county of the child's residence, then a change of venue should be sought pursuant to Rule 1300 prior to adjudication.
The child's best interest concerning an intercounty transfer includes, but is not limited to, the child's current or anticipated county of residence, the resources of the receiving county, and needs of the child and family. A proposed transfer between judicial districts is not in the child's best interest unless the court of the receiving judicial district accepts jurisdiction.
Service of the acceptance order on the transferring court pursuant to paragraph (G)(3) is unnecessary if the transfer occurs within the same judicial district.
The period between the order approving the transfer and the effective date of the transfer is intended to prepare for the case transfer. The county agencies are expected to communicate prior to the actual transfer of a case to another county so that efforts can be coordinated and services transitioned without interruption. Coordination includes the inter-agency transfer of records maintained by the county agency that are not otherwise included in the official court record. See 55 Pa. Code § 3490.401. This period also allows the clerk to prepare the official court record for transmission to the receiving county on the effective date of the transfer.
Nothing in this rule prohibits the use of electronic means when transferring and receiving records. However, if there is an electronic transfer, the receiving county is to send an electronic confirmation of receipt of the records as the return receipt. The transferring county's clerk of courts is to docket the confirmation of receipt of records by the receiving county and may close the case once the confirmation has been received.
Upon receiving the order accepting the case, the transferring court may order the termination of court supervision pursuant to Rule 1631(A)(12).
Official Note: Rule 1302 adopted August 21, 2006, effective February 1, 2007. Amended December 24, 2009, effective immediately. Rescinded and replaced April 28, 2020, effective October 1, 2020.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1302 published with the Court's Order at 36 Pa.B. 5571 (September 2, 2006).
Final Report explaining the amendments to Rule 1302 published with the Court's Order at 40 Pa.B. 222 (January 9, 2010).
Final Report explaining the rescission and replacement of Rule 1302 published with the Court's Order at 50 Pa.B. 2389 (May 9, 2020).
JUVENILE COURT PROCEDURAL RULES COMMITTEE
FINAL REPORT1
Amendment of Pa.R.J.C.P. 1300 and Rescission and Replacement of Pa.R.J.C.P. 1302 On April 28, 2020, the Supreme Court amended Pennsylvania Rule of Juvenile Court Procedure 1300 concerning changes in venue in dependency proceedings, together with the rescission and replacement of Pennsylvania Rule of Juvenile Court Procedure 1302 concerning intercounty transfers of dependency cases. The purpose of this rulemaking was to improve and formalize the areas of decision-making, communications, continuation of services, and records as they relate to these procedures.
Amendment of Pa.R.J.C.P. 1300 (Venue)
Paragraph (B) was amended to clarify that the window for seeking a change in venue is prior to the adjudicatory hearing. Paragraph (C) contains a specific five-day deadline for the transfer of records. Further, the paragraph includes a communication loop to indicate that records have been received, and a requirement for the receiving county agency to schedule the next court proceeding. These amendments are intended to facilitate the location of records and to ensure the case proceeds after the change of venue.
Post-publication, previously proposed Comment language addressing the continuation of services was elevated to the rule text and now appears as new paragraph (D). This language was added to address the continuation of services when services may have commenced prior to adjudication, such as those ordered in a shelter care hearing pursuant to Pa.R.J.C.P. 1242(E). Its placement in the rule text is similar to that of Pa.R.J.C.P. 1302(I).
Rescission and Replacement of Pa.R.J.C.P. 1302 (Intercounty Transfer)
Given the scope of the revisions, Pa.R.J.C.P. 1302 was rescinded and replaced in its entirety. The rule is intended to establish a procedural concept involving a two-step process for intercounty transfers. First, the transferring county is to conduct a hearing to determine whether an intercounty transfer is in the child's best interest. Second, assuming the transferring court determines in the affirmative, the transferring court then communicates with the receiving court to ascertain whether jurisdiction will be accepted.
The requirement of the child's best interest for an intercounty transfer is set forth in paragraph (A). Commentary has been added to suggest factors in determining whether a transfer is in a child's best interest.
The receiving county agency, as the provider of services and the party to receive legal custody of the child, has an interest in the transfer. Therefore, paragraph (B) requires that receiving county agency be given notice of the transfer hearing in the transferring county and granted standing to participate. Further, paragraph (C) permits the receiving county agency to appear via advance communication technology.
Paragraph (D) requires subsequent communication with the court in the receiving judicial district to determine whether the receiving court will accept jurisdiction. Thereafter, the parties may file written responses with the transferring court regarding the decision to accept jurisdiction. Paragraph (F) permits the courts to discuss administrative matters without informing the parties or making a record. Paragraphs (D) and (F) were based, in part, on the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S. § 5410.
Paragraph (E) requires that an order approving a transfer contain a date certain and at least a ten-day window before the actual transfer. This window is to provide for the transmission of the record and coordination of services between the county agencies as set forth in paragraphs (H) and (I). Prior to the transfer order's effective date, the receiving court is required to enter an order accepting jurisdiction, as well as appointing a guardian ad litem and counsel, as needed, directing a home visit and safety assessment, and scheduling a review hearing.
The amended and replaced rules will become effective October 1, 2020.
[Pa.B. Doc. No. 20-629. Filed for public inspection May 8, 2020, 9:00 a.m.] _______
1 The Committee's Final Report should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the Committee's explanatory Final Reports.
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