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PA Bulletin, Doc. No. 00-1208

THE COURTS

Title 249--PHILADELPHIA RULES

PHILADELPHIA COUNTY

Procedure for Requesting Judicial Discharges of Dependency Cases under DHS Commit

[30 Pa.B. 3565]

   On occasion, situations arise prior to a next court date wherein Counsel for any party or Social Worker within the Department of Human Services (DHS) learns of a major change with regard to a juvenile which he/she feels requires the immediate discharge of a DHS commit. If it is a DHS Social Worker he/she documents the facts in the case and immediately takes this information directly to a City Solicitor or, if unavailable, a Representative of the DHS Court Unit. If it is presented to a Representative of the DHS Court Unit first, it is taken directly by that Representative to the City Solicitor for presentation of the problem.

   After hearing the information presented by the attorney, private party, DHS Social Worker or Representative of the DHS Court Unit, either attorney may make the determination as to whether to prepare an Order and Stipulation for Discharge of the DHS Commitment (With or Without Supervision) for presentation to the Judge.

   Once the Order for Discharge of the DHS Commitment (With or Without Supervision) is drawn up, the attorney who prepares the Order will notify and acquire the signatures on the Order for Discharge of the DHS Commitment (With or Without Supervision) of all parties stipulating to the agreement prior to presenting the Order to the Judge. Any party stipulating to the agreement may designate counsel to sign his/her signature on the agreement. In this case, the Counsel is to sign his/her clients name then apply his/her initials directly following the signature of the party designating his/her approval. If any party does not Stiplate to the Agreement, Counsel may submit a Motion for relisting as soon as possible to Dependent Court Operations.

   Upon completion of obtaining all the signatures necessary for Stipulation to the above Order, the attorney who prepared the Order will walk the Order for Discharge of the DHS Commitment (With or Without Supervision) into the assigned Judge's Courtroom for presentation of the problem to the assigned Judge for consideration.

   If the Judge agrees and signs the Order to Discharge the DHS Commitment (Without Supervision), Counsel will take the Order immediately to Dependent Court Operations (DCO) and time/date stamp the Order. The Order will then be presented to the DCO Clerk assigned to that specific Courtroom or his/her Supervisor, who will pull the Juvenile's petition, enter the Order for Discharge of the DHS Commitment/Discharge DHS Petition into the juvenile's petition, update the computer, and archive the petition.

   If the Order is for Discharge of the DHS Commitment With Supervision Counsel will take the Order immediately to Dependent Court Operations (DCO) and time/date stamp the Order. The Order will then be presented to the DCO Clerk assigned to that specific Courtroom or his/her Supervisor who will pull the Juvenile's petition, enter the Order Discharging the DHS Commitment with DHS to Supervise, update the computer, and file the petition back in the date given for review by the Judge at the last hearing.

   Prior to archival or filing in the next court date, the Dependent Court Operations (DCO) Clerk or his/her Supervisor will also copy and distribute the Order for Discharge of the DHS Commitment to all parties Stipulating to the Agreement.

   This protocol for Discharge of Commitment to the Department of Human Services (With or Without Supervision) is effective as of July 3, 2000.

PAUL P. PANEPINTO,   
Administrative Judge

[Pa.B. Doc. No. 00-1208. Filed for public inspection July 14, 2000, 9:00 a.m.]


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