THE COURTS
Title 237—JUVENILE RULES
PART I. RULES
[ 237 PA. CODE CHS. 11, 12 AND 16 ]
Order Amending Rules 1120, 1150, 1151, 1200, 1608, 1609 and 1613, Renumbering Rule 1613 to 1631 and Adopting New Rules 1610, 1611, 1634 and 1635 of the Rules of Juvenile Court Procedure; No. 616 Supreme Court Rules Doc.
[43 Pa.B. 6658]
[Saturday, November 9, 2013]
Order Per Curiam
And Now, this 21st day of October, 2013, upon the recommendation of the Juvenile Court Procedural Rules Committee; the proposal having been published for public comment before adoption at 42 Pa.B. 7257 (December 1, 2012), in the Atlantic Reporter (Third Series Advance Sheets, Vol. 54, No. 3, November 30, 2012), and on the Supreme Court's web-page, and an Explanatory Report to be published with this Order:
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the modifications to Rules 1120, 1150, 1151, 1200, 1608, 1609, and 1613; the renumbering of Rule 1613 to Rule 1631; and the adoption of new Rules 1610, 1611, 1634, and 1635 of the Rules of Juvenile Court Procedure are approved in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective December 1, 2013.
Annex A
TITLE 237. JUVENILE RULES
PART I. RULES
Subpart B. DEPENDENCY MATTERS
CHAPTER 11. GENERAL PROVISIONS
PART A. BUSINESS OF COURTS Rule 1120. Definitions.
* * * * * CHILD is a person who:
1) is under the age of eighteen [who] and is the subject of the dependency petition[, or who]; or
2) is under the age of twenty-one; and
a) was adjudicated dependent before reaching the age of eighteen [years and who, while engaged in a course of instruction or treatment, requests];
b) has requested the court to retain jurisdiction [until the course has been completed, but in no event shall remain in a course of instruction or treatment past the age of twenty-one years.]; and
c) who remains under the jurisdiction of the court or for whom jurisdiction has been resumed as a dependent child because the court has determined that the child is one of the following:
i) completing secondary education or an equivalent credential;
ii) enrolled in an institution which provides postsecondary or vocational education;
iii) participating in a program actively designed to promote or remove barriers to employment;
iv) employed for at least eighty hours per month; or
v) incapable of doing any of the activities as prescribed above in (2)(c)(i)—(iv) due to a medical or behavioral health condition, which is supported by regularly updated information in the permanency plan for the child.
* * * * *
Comment In 2013, the definition of ''child'' was expanded to include those children who have requested the court to resume jurisdiction after juvenile court supervision had been previously terminated. This rule change followed the changes to the definition of ''child'' in the Juvenile Act pursuant to Act of July 5, 2012 (P. L. 880, No. 91). See 42 Pa.C.S. § 6302.
A party to the proceedings is not to function as the clerk of courts. Because the clerk of courts maintains the official court record, this person is to remain neutral and unbiased by having no personal connection to the proceedings. The county agency is a party to the proceeding and is not to function as the ''Clerk of Courts.''
The definition of [''clerk of courts''] ''Clerk of Courts'' should not necessarily be interpreted to mean the office of clerk of courts as set forth in 42 Pa.C.S. § 102, but instead refers to that official who maintains the official court record and docket regardless of the person's official title in each judicial district. It is to be determined locally which official is to maintain these records and the associated docket.
* * * * * Official Note: Rule 1120 adopted August 21, 2006, effective February 1, 2007. Amended March 19, 2009, effective June 1, 2009. Amended December 24, 2009, effective immediately. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended May 20, 2011, effective July 1, 2011. Amended June 24, 2013, effective January 1, 2014. Amended October 21, 2013, effective December 1, 2013.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 1120 published with the Court's Order at 43 Pa.B. 6658 (November 9, 2013).
PART B(2). COUNSEL Rule 1150. Attorneys—Appearances and Withdrawals.
* * * * *
Comment * * * * * See also Rule 1613 for termination of court supervision.
See the Comment to Rule 1634 for assisting children in filing resumption of jurisdiction motions. It is best practice for the court to appoint the guardian ad litem or legal counsel who was previously assigned to the child as legal counsel in the re-opened case. If there are extenuating circumstances preventing the attorney from representing the child, the attorney should make this known at the time of the filing of the motion for resumption of jurisdiction so the court can assign a new attorney.
Official Note: Rule 1150 adopted August 21, 2006, effective February 1, 2007. Amended October 21, 2013, effective December 1, 2013.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 1150 published with the Court's Order at 43 Pa.B. 6658 (November 9, 2013).
Rule 1151. Assignment of Guardian Ad Litem and Counsel.
* * * * * B. Counsel for child. The court shall appoint legal counsel for a child:
1) if a proceeding has been commenced pursuant to Rule 1200 alleging a child to be dependent who:
* * * * * d) has been formerly adjudicated dependent, and is under the jurisdiction of the court, subject to its conditions or placements and who commits an act which is defined as ungovernable in paragraph (B)(1)(b); [or]
e) has been referred pursuant to section 6323 (relating to informal adjustment), and who commits an act which is defined as ungovernable in paragraph (B)(1)(b); or
f) has filed a motion for resumption of jurisdiction pursuant to Rule 1634; or
2) upon order of the court.
* * * * *
Comment See 42 Pa.C.S. §§ 6302, 6311, and 6337.
The guardian ad litem for the child may move the court for appointment as legal counsel and assignment of a separate guardian ad litem when, for example, the information that the guardian ad litem possesses gives rise to the conflict and can be used to the detriment of the child. To the extent 42 Pa.C.S. § 6311(b)(9) is inconsistent with this rule, it is suspended. See Rule 1800. See also Pa.R.P.C. 1.7 and 1.8.
Pursuant to paragraph (B)(1)(f), the court is to appoint legal counsel when a motion for resumption of jurisdiction has been filed. It is best practice to appoint the guardian ad litem or legal counsel who was previously assigned to the child as legal counsel.
Under paragraph (C), legal counsel represents the legal interests of the child and the guardian ad litem represents the best interests of the child.
* * * * * Official Note: Rule 1151 adopted August 21, 2006, effective February 1, 2007. Amended February 20, 2007, effective immediately. Amended May 12, 2008, effective immediately. Amended April 29, 2011, effective July 1, 2011. Amended October 21, 2013, effective December 1, 2013.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 1151 published with the Court's Order at 43 Pa.B. 6658 (November 9, 2013).
CHAPTER 12. COMMENCEMENT OF PROCEEDINGS, EMERGENCY CUSTODY, AND PRE-ADJUDICATORY PLACEMENT
PART A. COMMENCING PROCEEDINGS Rule 1200. Commencing Proceedings.
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; [or]
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.
Comment * * * * * For proceedings that have already been commenced in another judicial district, see Rule 1302 for inter-county transfer of the case.
For resumption of jurisdiction, see Rules 1634 and 1635 & 42 Pa.C.S. §§ 6302 and 6351(j).
The clerk of courts and the county agency should have form motions available for children who want to file for resumption of juvenile court jurisdiction. These forms are available at http://www.pacourts.us/Forms/dependency.htm.
The clerk of courts or county agency is to assist any child who requests assistance in completing the form and the clerk of courts is to accept all filings for resumption of juvenile court jurisdiction regardless of whether the motions meet the standard for legal filings or there are objections by other parties. This is to ensure these children have easy access to the court. See also Rule 1126.
Official Note: Rule 1200 adopted August 21, 2006, effective February 1, 2007. Amended October 21, 2013, effective December 1, 2013.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 1200 published with the Court's Order at 43 Pa.B. 6658 (November 9, 2013).
CHAPTER 16. POST-DISPOSITIONAL PROCEDURES
PART B(2). PERMANENCY HEARING Rule 1608. Permanency Hearing.
* * * * *
Comment * * * * * See Rule 1136 regarding ex parte communications.
See Rule 1610 for permanency hearing for children over the age of eighteen.
Official Note: Rule 1608 adopted August 21, 2006, effective February 1, 2007. Amended December 18, 2009, effective immediately. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended October 21, 2013, effective December 1, 2013.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 1608 published with the Court's Order at 43 Pa.B. 6658 (November 9, 2013).
Rule 1609. Permanency Hearing Orders.
* * * * *
Comment * * * * * Pursuant to the Juvenile Act, the court has authority to order a physical or mental examination of a child and medical or surgical treatment of a minor, who is suffering from a serious physical condition or illness which requires prompt treatment in the opinion of a physician. The court may order the treatment even if the guardians have not been given notice of the pending hearing, are not available, or without good cause inform the court that they do not consent to the treatment. 42 Pa.C.S. § 6339(b).
See Rule 1611 for permanency hearing orders for children over the age of eighteen.
Official Note: Rule 1609 adopted August 21, 2006, effective February 1, 2007. Amended April 29, 2011, effective July 1, 2011. Amended October 21, 2013, effective December 1, 2013.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 1609 published with the Court's Order at 43 Pa.B. 6658 (November 9, 2013).
(Editor's Note: Rule 1610 and 1611 are new and printed in regular type to enhance readability.)
Rule 1610. Permanency Hearing for Children over Eighteen.
A. Purpose and timing of hearing. For every case for children over the age of eighteen, the court shall conduct a permanency hearing at least every six months for purposes of determining:
(1) whether the child continues to meet the definition of child under Rule 1120 and has requested the court to retain dependency jurisdiction;
2) whether the transition plan of the child is consistent with Rule 1631 (E)(2);
3) the date by which the goal of permanency for the child might be achieved; and
4) whether the placement continues to be best suited to the safety, protection, and physical, mental, and moral welfare of the child.
B. Recording. The permanency hearing shall be recorded.
C. Evidence. Any evidence helpful in determining the appropriate course of action, including evidence that was not admissible at the adjudicatory hearing, shall be presented to the court.
D. Court's findings. At the permanency hearing, the court shall enter its findings and conclusions of law into the record and enter an order pursuant to Rule 1611.
Comment See 42 Pa.C.S. §§ 6341, 6351.
To the extent practicable, the judge or master who presided over the adjudicatory and original dispositional hearing for a child should preside over the permanency hearings for the same child. In resumption of jurisdiction cases, to the extent practicable, the judge or master who presided over the original case should preside over the re-opened case.
Pursuant to paragraph (A), courts are to conduct a permanency hearing every six months. Courts are strongly encouraged to conduct more frequent permanency hearings, such as every three months, when possible.
A three-month hearing or conference is considered best practice for dependency cases and is highly recommended. The court should not wait until six months has elapsed to determine if the transition plan is progressing. Time to achieve permanency is critical in dependency cases. In order to seek reimbursement under Title IV-E of the Social Security Act, 42 U.S.C. § 601 et seq., a full permanency hearing is to be conducted every six months.
In addition to the permanency hearing contemplated by this rule, courts may also conduct additional and/or more frequent intermittent review hearings or status conferences, which address specific issues based on the circumstances of the case, and which assist the court in ensuring timely transition.
See 42 U.S.C. § 675 (5)(A)—(H) for development of a transition plan.
See Rule 1128 regarding presence at proceedings and Rule 1136 regarding ex parte communications.
When the court has resumed jurisdiction pursuant to Rule 1635, the court is to schedule regular permanency hearings. The county agency is to develop a new transition plan for the child.
Official Note: Adopted October 21, 2013, effective December 1, 2013.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1610 published with the Court's Order at 43 Pa.B. 6658 (November 9, 2013).
Rule 1611. Permanency Hearing Orders for Children over Eighteen.
A. Court order. After every permanency hearing for children over the age of eighteen, the court shall issue a written order, which provides whether the transition plan is best suited to the safety, protection, and physical, mental, and moral welfare of the child.
B. Determinations made. The court's order shall reflect the determinations made pursuant to Rule 1610(D).
C. Orders concerning education. The court's order shall address the stability and appropriateness of the child's education, if applicable, including whether an educational decision maker is appropriate.
D. Orders concerning health care and disability.
1) The court's order shall identify, monitor, and address the child's needs concerning health care and disability; and
2) The court's orders may authorize evaluations and treatment.
Comment When issuing a permanency order, the court should issue an order that is ''best suited to the safety, protection, and physical, mental, and moral welfare of the child.'' 42 Pa.C.S. § 6351(a). See In re S.J., 906 A.2d 547, 551 (Pa. Super. Ct. 2006) (citing In re Tameka M., 525 Pa. 348, 580 A.2d 750 (1990)), for issues addressing a child's mental and moral welfare.
Pursuant to paragraph (C), the court's order is to address the child's educational stability, including the right to an educational decision maker. The intent of this paragraph is to ensure that the inquiry regarding the appointment of an educational decision maker is considered. Federal and state law requires educational decision makers until the age of twenty-one if an educational decision maker is necessary. See Comment to Rule 1609(D) and 34 C.F.R. § 300.320(c).
Pursuant to paragraph (D), the court's order is to address the child's needs concerning health care and disability. See Comment to Rule 1609(E).
Official Note: Adopted October 21, 2013, effective December 1, 2013.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1611 published with the Court's Order at 43 Pa.B. 6658 (November 9, 2013).
PART (C). POST-DISPOSITIONAL PROCEDURES Rule 1613. [Termination of Court Supervision] (Reserved).
[A. Concluding Supervision. Any party, or the court on its own motion, may move for the termination of supervision when court-ordered services from the county agency are no longer needed and:
1) the child has remained with the guardian and the circumstances which necessitated the dependency adjudication have been alleviated;
2) the child has been reunified with the guardian and the circumstances which necessitated the dependency adjudication and placement have been alleviated;
3) the child has been placed with a ready, willing, and able parent who was not previously identified by the county agency;
4) the child has been adopted and services from the county agency are no longer needed;
5) the child has been placed in the custody of a permanent legal custodian and services from the county agency are no longer needed;
6) the child has been placed in the physical and legal custody of a fit and willing relative and services from the county agency are no longer needed;
7) the child has been placed in another living arrangement intended to be permanent and services from the county agency are no longer needed and a hearing has been held pursuant to paragraph (E) for a child who is age eighteen or older;
8) the child has been adjudicated delinquent and services from the county agency are no longer needed because all dependency issues have been resolved;
9) the child has been emancipated by the court;
10) the child is eighteen years of age or older and a hearing has been held pursuant to paragraph (E);
11) the child has died;
12) a court in another county of this Commonwealth has accepted jurisdiction; or
13) a court in another state has accepted jurisdiction.
B. Ready, willing, and able parent. When services from the county agency are no longer necessary because the court has determined that the child is not dependent pursuant to paragraph (A)(3) because a non-custodial parent has been found by the court to be able and available, the court shall enter an order awarding custody to that parent and the court order shall have the effect and be docketed as a decision entered pursuant to Pa.R.C.P.
C. Objection. Any party may object to a motion under paragraph (A) and request a hearing.
D. Hearing. If objections have been made under paragraph (C), the court shall hold a hearing and give each party an opportunity to be heard before the court enters its final order.
E. Children eighteen years of age or older.
1) Before the court can terminate its supervision of a child who is eighteen years of age or older, a hearing shall be held at least ninety days prior to termination.
2) Prior to the hearing, the child shall have the opportunity to make decisions about the transition plan and confer with the county agency about the details of the plan. The transition plan shall, at a minimum, include:
a) the specific plans for housing;
b) a description of the child's source of income;
c) the specific plans for pursuing educational or vocational training goals;
d) the child's employment goals and whether the child is employed;
e) a description of the health insurance plan that the child is expected to obtain and any continued health or behavioral health needs of the child;
f) a description of any available programs that would provide mentors or assistance in establishing positive adult connections;
g) verification that all vital identification documents and records have been provided to the child; and
h) a description of any other needed support services.
3) At the hearing, the court shall review the transition plan for the child. If the court is not satisfied that the requirements of paragraph (E)(2) have been met, a subsequent hearing shall be scheduled.
4) The court shall not terminate its supervision of the child without approving an appropriate transition plan, unless the child, after an appropriate transition plan has been offered, is unwilling to consent to the supervision and the court determines termination is warranted.
F. Cessation of services. When all of the above listed requirements have been met, the court may discharge the child from its supervision and close the case.
Comment For procedures on motions, see Rule 1344. For procedures on the dispositional order, see Rule 1515.
For guidelines under paragraph (A), see 42 Pa.C.S. §§ 6301(b) & 6351(f.1).
Pursuant to paragraph (A)(8), if a child has been adjudicated delinquent, the court may terminate court supervision unless dependency is necessary for placement. In re Deanna S., 422 Pa. Super. 439, 619 A.2d 758 (1993). The court may also decide to retain dependency jurisdiction regardless of the delinquency adjudication because the child still needs dependency services.
If dependency issues have not been resolved, the case should be kept open and services ordered. The court should ensure that services are not discontinued solely because the child was adjudicated delinquent. The county agency and the juvenile probation are to collaborate on the case and resolve all outstanding issues. If a child is in a delinquency placement, the court is to ensure that the county agency and the juvenile probation office have collaborated to ensure appropriate services are in place.
For procedures on emancipation pursuant to paragraph (A)(9), see Berks County Children and Youth Services v. Rowan, 428 Pa. Super. 448, 631 A.2d 615 (1993). See also, 22 Pa. Code § 11.11, 55 Pa. Code § 145.62.
Pursuant to paragraph (A)(10), a child who was adjudicated dependent prior to reaching the age of eighteen and who, while engaged in a course of instruction or treatment, requests the court to retain jurisdiction until the course has been completed, may remain in the course of instruction or treatment until the age of twenty-one. 42 Pa.C.S. § 6302. See also, 55 Pa. Code §§ 3130.5 & 3130.87; In re S.J., 906 A.2d 547 (Pa. Super. Ct. 2006).
The court may not terminate jurisdiction solely because the dependent child is a runaway. In re Deanna S., 422 Pa. Super. 439, 619 A.2d 758 (1993).
A child whose non-custodial parent is ready, willing, and able to provide adequate care for the child may not be found dependent. In re M.L., 562 Pa. 646, 757 A.2d 849 (2000). See paragraph (B).
Pursuant to 42 Pa.C.S. § 6351(a)(2.1), a court may transfer permanent legal custody to a person found by the court to be qualified to receive and care for the child. 42 Pa.C.S. § 6351(a)(2.1). See also Justin S., 375 Pa.Super. 88, 543 A.2d 1192 (1988).
Pursuant to paragraph (E)(2), the county agency is to assist the child and provide all the support necessary in developing a transition plan. See 42 U.S.C. § 675 (5)(A)—(H).
Pursuant to paragraph (E)(3), the court is to approve a transition plan that is suitable for the child and that has been personalized at the direction of the child.
Official Note: Rule 1613 adopted August, 21, 2006, effective February 1, 2007. Amended July 29, 2009, effective immediately. Amended April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1613 published with the Court's Order at 36 Pa.B. 5571 (September 2, 2006).
Final Report explaining the amendments to Rule 1613 published with the Court's Order at 39 Pa.B. 4887 (August 15, 2009).
Final Report explaining the amendments to Rule 1613 published with the Court's Order at 41 Pa.B. 2430 (May 14, 2011).]
Comment This rule was renumbered from Rule 1613 to Rule 1631 on October 21, 2013. See Rule 1631.
PART D. CESSATION OR RESUMPTION OF COURT SUPERVISION OR JURISDICTION Rule
1631. Termination of Court Supervision. 1634. Motion for Resumption of Jurisdiction. 1635. Hearing on Motion for Resumption of Jurisdiction. Rule [1613] 1631. Termination of Court Supervision.
A. Concluding Supervision. Any party, or the court on its own motion, may move for the termination of supervision when court-ordered services from the county agency are no longer needed and:
1) the child has remained with the guardian and the circumstances which necessitated the dependency adjudication have been alleviated;
2) the child has been reunified with the guardian and the circumstances which necessitated the dependency adjudication and placement have been alleviated;
3) the child has been placed with a ready, willing, and able parent who was not previously identified by the county agency;
4) the child has been adopted and services from the county agency are no longer needed;
5) the child has been placed in the custody of a permanent legal custodian and services from the county agency are no longer needed;
6) the child has been placed in the physical and legal custody of a fit and willing relative and services from the county agency are no longer needed;
7) the child has been placed in another living arrangement intended to be permanent and services from the county agency are no longer needed and a hearing has been held pursuant to paragraph (E) for a child who is age eighteen or older;
8) the child has been adjudicated delinquent and services from the county agency are no longer needed because all dependency issues have been resolved;
9) the child has been emancipated by the court;
10) the child is eighteen years of age or older and a hearing has been held pursuant to paragraph (E);
11) the child has died;
12) a court in another county of this Commonwealth has accepted jurisdiction; or
13) a court in another state has accepted jurisdiction.
B. Ready, willing, and able parent. When services from the county agency are no longer necessary because the court has determined that the child is not dependent pursuant to paragraph (A)(3) because a non-custodial parent has been found by the court to be able and available, the court shall enter an order awarding custody to that parent and the court order shall have the effect and be docketed as a decision entered pursuant to the Pa.R.C.P.
C. Objection. Any party may object to a motion under paragraph (A) and request a hearing.
D. Hearing. If objections have been made under paragraph (C), the court shall hold a hearing and give each party an opportunity to be heard before the court enters its final order.
E. Children eighteen years of age or older.
1) Before the court can terminate its supervision of a child who is eighteen years of age or older, a hearing shall be held at least ninety days prior to [termination] the child turning eighteen years of age.
2) Prior to the hearing, the child shall have the opportunity to make decisions about the transition plan and confer with the county agency about the details of the plan. The county agency shall provide the transition plan to the court and the plan shall, at a minimum, include:
a) the specific plans for housing;
b) a description of the child's source of income;
c) the specific plans for pursuing educational or vocational training goals;
d) the child's employment goals and whether the child is employed;
e) a description of the health insurance plan that the child is expected to obtain and any continued health or behavioral health needs of the child;
f) a description of any available programs that would provide mentors or assistance in establishing positive adult connections;
g) verification that all vital identification documents and records have been provided to the child; [and]
h) a description of any other needed support services [.] ; and
i) notice to the child that the child can request resumption of juvenile court jurisdiction until the child turns twenty-one years of age if specific conditions are met.
3) At the hearing, the court shall review the transition plan for the child. If the court is not satisfied that the requirements of paragraph (E)(2) have been met, a subsequent hearing shall be scheduled.
4) The court shall not terminate its supervision of the child without approving an appropriate transition plan, unless the child, after an appropriate transition plan has been offered, is unwilling to consent to the supervision and the court determines termination is warranted.
F. Cessation of services. When all of the above listed requirements have been met, the court may discharge the child from its supervision and close the case.
Comment For procedures on motions, see Rule 1344. For procedures on the dispositional order, see Rule 1515.
For guidelines under paragraph (A), see 42 Pa.C.S. §§ 6301(b) & 6351(f.1).
Pursuant to paragraph (A)(8), if a child has been adjudicated delinquent, the court may terminate court supervision unless dependency is necessary for placement. In re Deanna S., 422 Pa. Super. 439, 619 A.2d 758 (1993). The court may also decide to retain dependency jurisdiction regardless of the delinquency adjudication because the child still needs dependency services.
If dependency issues have not been resolved, the case should be kept open and services ordered. The court should ensure that services are not discontinued solely because the child was adjudicated delinquent. The county agency and the juvenile probation are to collaborate on the case and resolve all outstanding issues. If a child is in a delinquency placement, the court is to ensure that the county agency and the juvenile probation office have collaborated to ensure appropriate services are in place.
For procedures on emancipation pursuant to paragraph (A)(9), see Berks County Children and Youth Services v. Rowan, 428 Pa. Super. 448, 631 A.2d 615 (1993). See also, 22 Pa. Code § 11.11, 55 Pa. Code § 145.62.
Pursuant to paragraph (A)(10), a child who was adjudicated dependent prior to reaching the age of eighteen and who, while engaged in a course of instruction or treatment, requests the court to retain jurisdiction until the course has been completed, may remain in the course of instruction or treatment until the age of twenty-one. 42 Pa.C.S. § 6302. See also, 55 Pa. Code §§ 3103.5 & 3130.87; In re S.J., 906 A.2d 547 (Pa. Super. Ct. 2006).
The court may not terminate jurisdiction solely because the dependent child is a runaway. In re Deanna S., 422 Pa. Super. 439, 619 A.2d 758 (1993).
A child whose non-custodial parent is ready, willing, and able to provide adequate care for the child may not be found dependent. In re M.L., 562 Pa. 646, 757 A.2d 849 (2000). See paragraph (B). Paragraph (B) does not apply to resumption of jurisdiction cases.
Pursuant to 42 Pa.C.S. § 6351(a)(2.1), a court may transfer permanent legal custody to a person found by the court to be qualified to receive and care for the child. 42 Pa.C.S. § 6351(a)(2.1). See also Justin S., 375 Pa.Super. 88, 543 A.2d 1192 (1988).
Pursuant to paragraph (E)(2), the county agency is to assist the child and provide all the support necessary in developing a transition plan. See 42 U.S.C. § 675 (5)(A)—(H).
Pursuant to paragraph (E)(3), the court is to approve a transition plan that is suitable for the child and that has been personalized at the direction of the child.
If the court has resumed jurisdiction pursuant to Rule 1635, a new transition plan is to be developed for the child. Before the court can terminate supervision, the requirements of paragraph (E) are to be followed. In no case is a juvenile over twenty-one to remain under juvenile court supervision. See Rule 1635(E). See also Rule 1635(E) for termination of juvenile court jurisdiction if the court denies the motion for resumption of jurisdiction.
Official Note: Rule 1613 adopted August, 21, 2006, effective February 1, 2007. Amended July 29, 2009, effective immediately. Amended April 29, 2011, effective July 1, 2011. Amended October 21, 2013 and renumbered from Rule 1613 to Rule 1631, effective December 1, 2013.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1613 published with the Court's Order at 36 Pa.B. 5571 (September 2, 2006).
Final Report explaining the amendments to Rule 1613 published with the Court's Order at 39 Pa.B. 4887 (August 15, 2009).
Final Report explaining the amendments to Rule 1613 published with the Court's Order at 41 Pa.B. 2430 (May 14, 2011).
Final Report explaining the amendments to Rule 1631 published with the Court's Order at 43 Pa.B. 6658 (November 9, 2013).
(Editor's Note: Rules 1634 and 1635 are new and printed in regular type to enhance readability.)
Rule 1634. Motion for Resumption of Jurisdiction.
A. Venue. A motion to resume jurisdiction shall be filed with the court that terminated court supervision of the child pursuant to Rule 1631.
B. Contents. The motion for resumption of jurisdiction shall aver:
1) dependency jurisdiction was previously terminated:
a) within ninety days prior to the child's eighteenth birthday; or
b) on or after the child's eighteenth birthday; and
2) the child:
a) is under twenty-one years of age;
b) was adjudicated dependent prior to turning eighteen years of age;
c) has requested the court to resume jurisdiction; and
d) is:
i) completing secondary education or an equivalent credential;
ii) enrolled in an institution which provides postsecondary or vocational education;
iii) participating in a program actively designed to promote or prevent barriers to employment;
iv) employed for at least eighty hours per month; or
v) incapable of doing any of the activities as prescribed in paragraphs (B)(2)(d)(i)—(iv) due to a medical or behavioral health condition, which is supported by regularly updated information in the permanency plan for the child;
3) whether the child would like his or her guardian or other interested adult involved in the court proceedings;
4) that a verification has been signed by the child attesting the above requirements have been met; and
5) whether an expedited hearing for placement and services is being requested due to the child's current living arrangement.
C. Service. A copy of the motion shall be served upon:
1) the county agency;
2) the attorney for the county agency;
3) the child;
4) the child's attorney; and
5) the guardian or other interested adult if the child requesting resumption of jurisdiction would like the guardian or other interested adult involved in the case as averred in paragraph (B)(3).
Comment A motion to resume jurisdiction can be filed by the child, county agency, or attorney for the child. At the request of the child, if the county agency or previous attorney is approached by the child concerning the court reopening the child's case, the county agency or attorney is to assist the child in the filing of the motion.
Pursuant to paragraph (A), the motion is to be filed in the county that terminated juvenile court jurisdiction. If the juvenile has moved to another county, the juvenile may request the court to transfer jurisdiction pursuant to Rule 1302 at any time after the filing of the motion to resume jurisdiction, including prior to the hearing on the motion. See Rules 1302 and 1635.
If the child does not have an attorney at the time of the filing of the motion, the court is to assign legal counsel pursuant to Rule 1151 and immediately order service of the motion to resume jurisdiction on the child's attorney. It is best practice to appoint the guardian ad litem or legal counsel who was previously assigned to the child as legal counsel. See Rule 1151.
If the child is the party filing the motion, the President Judge of each judicial district is to designate a person to serve the other parties for the child. If the county agency or attorney is filing the motion, they should serve the other parties.
If the child has averred that the child desires the involvement of a guardian or other interested adult in their case, this person is to be served with the motion and given notice of any subsequent hearings if the court orders such involvement. Notice does not confer standing upon the guardian or other interested adult. See Rule 1635(B)(5) and Comment.
See 42 Pa.C.S. §§ 6302 & 6351(j).
See also Rule 1300 for change of venue and Rule 1302 for inter-county transfer of the case.
Official Note: Adopted October 21, 2013, effective December 1, 2013.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1634 published with the Court's Order at 43 Pa.B. 6658 (November 9, 2013).
Rule 1635. Hearing on Motion for Resumption of Jurisdiction.
A. Time for hearing. Within thirty days of receiving a motion for resumption of jurisdiction, the court shall conduct a hearing to determine whether it will resume juvenile court jurisdiction.
B. Notice. Notice of the date, time, place, and purpose of the hearing shall be given to:
1) the county agency;
2) the attorney for the county agency;
3) the child;
4) the child's attorney;
5) any other persons, including the guardian or other interested adult, as directed by the court.
C. Hearing. At the hearing, the court shall state its findings and conclusions of law on the record in open court as to whether:
1) dependency jurisdiction was previously terminated:
a) within ninety days prior to the child's eighteenth birthday; or
b) on or after the child's eighteenth birthday but before the child turns twenty-one years of age; and
2) the child continues to meet the definition of child pursuant to 42 Pa.C.S. § 6302 because the child:
a) is under twenty-one years of age;
b) was adjudicated dependent prior to turning eighteen years of age;
c) has requested the court to resume jurisdiction; and
d) is:
i) completing secondary education or an equivalent credential;
ii) enrolled in an institution which provides postsecondary or vocational education;
iii) participating in a program actively designed to promote or prevent barriers to employment;
iv) employed for at least eighty hours per month; or
v) incapable of doing any of the activities as prescribed in paragraphs (C)(2)(d)(i)—(iv) due to a medical or behavioral health condition, which is supported by regularly updated information in the permanency plan for the child;
3) reasonable efforts were made by the county agency to prevent the return of the child to juvenile court jurisdiction unless, due to the child's immediate need for assistance, such lack of efforts was reasonable;
4) it will exercise jurisdiction pursuant to 42 Pa.C.S. § 6351(j) because it is best suited to the protection and physical, mental, and moral welfare of the child;
5) a guardian or other interested adult should be involved in the child's case;
6) there are any health or educational needs of the child; and
7) the county agency has developed an appropriate transition plan.
D. Orders.
1) After a hearing, the court shall enter an order granting or denying the motion to resume juvenile court jurisdiction.
2) If the court resumes jurisdiction, the court shall order:
a) that resumption of jurisdiction is best suited to the protection and physical, mental, and moral welfare of the child;
b) any findings as to the transition plan for the child;
c) regular scheduling of permanency hearings pursuant to Rule 1608;
d) any designations of custody and/or placement of the child; and
e) any evaluations, tests, or treatments for the health and educational needs of the child.
E. Termination of court supervision in resumption cases.
1) Once the goals in the transition plan have been accomplished for a child which, at a minimum, includes the requirements pursuant to Rule 1631(E)(2), or the child has refused to cooperate with the plan, a party may move for termination of court supervision pursuant to Rule 1631.
2) In no event shall a child remain under juvenile court supervision once the child has turned twenty-one years of age.
F. Advanced Communication Technology. The provisions of Rule 1129 shall apply to this proceeding.
Comment The court may decide whether a guardian or other interested adult will participate in the child's case. The court is to consider the preferences of the child when making an order for participation. See Rule 1634(B)(3) for notation of child's preference and 42 Pa.C.S. § 6310 for guardian involvement. Notice or invitation to participate does not confer standing upon the guardian or other interested adult.
See 42 Pa.C.S. §§ 6302 & 6351(j).
A master may conduct these hearings. See Rule 1187.
Official Note: Adopted October 21, 2013, effective December 1, 2013.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1635 published with the Court's Order at 43 Pa.B. 6658 (November 9, 2013).
EXPLANATORY REPORT
OCTOBER 2013 The Supreme Court of Pennsylvania has adopted the amendments to Rules 1120, 1150, 1151, 1200, 1608, 1609, and 1613, and renumbered Rule 1613 to Rule 1631, and adopted new Rules 1610, 1611, 1634, and 1635. The amendments are effective December 1, 2013.
Rule discussion
With the enactment of the Act of July 5, 2012 (P. L. 880, No. 91, Cl. 18), a child may request the court to resume juvenile court jurisdiction if specific requirements are met.
Rule 1120
The definition of a child now includes those children who are under twenty-one years of age and were adjudicated dependent prior to turning eighteen years of age and who are requesting the court to resume juvenile court jurisdiction after jurisdiction had been previously terminated.
In addition, these children must be: 1) completing secondary education or an equivalent credential; 2) enrolled in an institution which provides postsecondary or vocational education; 3) participating in a program actively designed to promote or prevent barriers to employment; 4) employed for at least eighty hours per month; or 5) incapable of doing any of the activities as prescribed above due to a medical or behavioral health condition, which is supported by regularly updated information in the permanency plan for the child. See 42 Pa.C.S. § 6302.
Rules 1150 and 1151
Courts should easily be accessible to children requesting the court to resume jurisdiction of their cases. If the child contacts the previously assigned attorney, the attorney should assist the child in filing a motion for resumption of jurisdiction. If extenuating circumstances exist and the attorney cannot represent the child, the attorney should still file the motion for the child but explain the circumstances to the court and ask not to be reappointed.
The court is to appoint counsel for the child in the new resumption of jurisdiction case. The Comment to Rule 1151 provides that it is best practice for the court to assign the previous attorney as counsel for the child if they are available.
Rule 1200
Dependency proceedings commence when a motion for resumption of jurisdiction pursuant to Rule 1634 has been filed.
If the court grants the motion for resumption of jurisdiction, dependency proceedings would continue and regular permanency hearings would occur for children over eighteen pursuant to Rule 1611.
Rules 1608 & 1609
References to the new rules for permanency hearings and permanency hearing orders for children over eighteen have been placed in the Comments.
Rule 1610
This is a new separate rule for permanency hearing for children over eighteen. The Committee thought it was important to have a different rule for these children because the purpose of the hearing is slightly different. There is only a transition plan for these children with no permanency plan.
Paragraph (A) provides the purpose and the timing of the hearing. The court must conduct hearings every six months. The child must appear in person at the six-month hearing. See Rules 1128 and 1129.
Paragraph (B) provides that the hearing must be recorded and paragraph (C) sets forth the evidentiary standard for the hearing.
Paragraph (D) provides the findings and conclusions of law that the court must enter into the record in open court.
Rule 1611
This is a new separate rule that governs the permanency hearing orders for children over eighteen.
Rule 1631
The Comment to the Rule explains that a new transition plan is to be developed for the child if the court resumes jurisdiction. Before those cases can be terminated, the requirements of paragraph (E) must be met.
All dependency cases must be terminated when the child turns twenty-one. See Rules 1120 and 42 Pa.C.S. § 6302 for definition of ''child'' and Comments to Rules 1631 and 1635.
Rule 1634
This new rule governs venue, the contents of the motion for resumption of jurisdiction, and service of the motion.
If the child meets the definition of ''child,'' a motion for resumption of jurisdiction must be filed with the court that terminated court supervision. There would be no record of the case in any other court. The Comment to Rule 1634 provides that if the juvenile has moved to another county, the court may transfer the case pursuant to Rule 1302 at any time after the filing of the motion, including prior to the hearing on the motion. See paragraph (A).
Paragraph (B) governs the contents of the motion, including whether the child wants his or her parent, guardian, or other interested adult involved in the court proceedings. There may be instances in which the court would want to order parental involvement even when the child does not desire to have the parents present or involved in the case. See 42 Pa.C.S. § 6310 for parental participation.
Paragraph (C) provides for service of the motion. If the child is filing the motion, the President Judge is to designate a person to serve the other parties. See Comment.
The Comment to the rule provides that the child, county agency, or attorney for the child may file the motion for resumption of jurisdiction. The clerk of courts must accept all resumption motions. See Comment to Rule 1200. Children should have access to the court and all parties approached by the child should assist the child in the filing of the motion. Counties may have form motions available for the child to fill out at the clerk of courts' and county agency's offices.
Rule 1635
This new rule provides for the hearing on the resumption of jurisdiction. Within thirty days of receiving a motion to resume juvenile court jurisdiction, the court must conduct a hearing on the motion. See paragraph (A).
Pursuant to paragraph (B), notice of the date, time, place, and purpose of the hearing must be given to the county agency, the attorney for the county agency, the child, the child's attorney, and any other persons as directed by the court.
After the court has determined whether jurisdiction can be resumed and has made findings and conclusions of law on the record in open court pursuant to paragraph (C), the court must enter an order pursuant to paragraph (D).
Paragraph (E) governs termination of court supervision in resumption cases. Because a resumption of jurisdiction case is commenced upon the filing of a motion, if the court denies the motion for resumption of jurisdiction, an order terminating supervision must be entered to close the case.
Advanced communication technology may be utilized pursuant to paragraph (F); however, the court must see the child in person every six months. See Rules 1128 and 1129.
[Pa.B. Doc. No. 13-2104. Filed for public inspection November 8, 2013, 9:00 a.m.]
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