THE COURTS
PART I. RULES
[ 237 PA. CODE CH. 13 ]
Order Amending Rules 1320 and 1321 of the Rules of Juvenile Court Procedure; No. 738 Supreme Court Rules Doc.
[47 Pa.B. 3079]
[Saturday, June 3, 2017]
Amended Order Per Curiam
And Now, this 16th day of May, 2017, upon the recommendation of the Juvenile Court Procedural Rules Committee, the proposal having been published for public comment at 46 Pa.B. 3949 (July 23, 2016):
It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 1320 and 1321 of the Pennsylvania Rules of Juvenile Court Procedure are amended in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on July 1, 2017.
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] 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:
* * * * * 8) the signature of the person and the date of the execution of the application for a petition.
B. Notice to County Agency. Upon receipt of an application, the court shall provide a copy of the application to the county agency. The county agency shall thereafter receive notice of the hearing.
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].
This rule is not intended to preclude the county agency from seeking to intervene and participate in the hearing on the application. See Rule 1133 (Motion to Intervene).
Official Note: Rule 1320 adopted August 21, 2006, effective February 1, 2007. Amended May 12, 2008, effective immediately. Amended May 16, 2017, effective July 1, 2017.
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 47 Pa.B. 3079 (June 3, 2017).
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 a 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 May 16, 2017, effective July 1, 2017.
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 47 Pa.B. 3079 (June 3, 2017).
FINAL REPORT1
Amendment of Pa.R.J.C.P. 1320 and 1321 On May 16, 2017, the Supreme Court amended Rules of Juvenile Court Procedure 1320 and 1321 to clarify and revise the application procedures for the filing of a private dependency petition.
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.
A question arose about who files the petition after the court has approved an application: the county agency or the private party who filed the application? The rule was silent on this point. The Comment to Rule 1320 suggested that the county agency files the petition after the application has been approved while the title to the rule suggested that private petitions are permissible. Another matter considered was the manner in which the county agency is notified of the application and when the county agency should be joined as a party in the proceeding.
The Comment to Rule 1320 has been revised to clarify that a private party must first file an application before proceeding with a private petition. To ensure that the county agency has notice of the application, Rule 1320 has been amended to add paragraph (B) to require the court to provide the county agency with a copy of the application and notice of the Rule 1321 hearing on the application. The Comment to Rule 1320 was further revised to add language indicating that the county agency is not precluded from seeking to intervene after the filing of an application.
Rule 1321(B) has been amended to clarify that the applicant may proceed with the filing of a private petition if the court finds sufficient facts to support a petition for dependency. Notwithstanding the pursuit of an adjudication by a private party, the county agency will be joined as a party to the dependency proceeding pursuant to new paragraph (C) upon the filing and service of a private dependency petition.
[Pa.B. Doc. No. 17-920. Filed for public inspection June 2, 2017, 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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