THE COURTS

Title 255--LOCAL COURT RULES

BEAVER COUNTY

Amendments to Local Orphan's Court Rules; Rule L.15.1.E, Amendment to the Order of September 7, 1999 Amending the Form Used for Petition for Involuntary Termination

[29 Pa.B. 5065]

Order

   Now, this 14th day of September, 1999, the Court hereby adopts the following Beaver County Local Orphan's Court Rules, to be effective thirty (30) days after the date of publication in the Pennsylvania Bulletin.

   It is further Ordered that the District Court Administrator shall file seven (7) certified copies of this Rule with the Administrative Office of the Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Civil Procedure Rules Committee and one (1) copy to the Beaver County Law Journal for publication in the next issue of the Beaver County Law Journal.

   It is further ordered that this local rule shall be kept continuously available for public inspection and copying in the Beaver County Prothonotary's Office and the Register of Wills Office.

By the Court

ROBERT C. REED,   
President Judge

IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY
PENNSYLVANIA

ORPHAN'S COURT DIVISION

IN RE:  ADOPTION OF

:

No. _____ of _____

PETITION FOR INVOLUNTARY TERMINATION OF PARENTAL RIGHTS
(Section 2512--Adoption Act)

      AND NOW, this ______ day of ______ , 19 __ , comes the Petitioner(s), and sets forth the following facts:

1.	Names of Petitioner(s) _____________________________________
2.	Describe the relationship of the Petitioner(s) to the child
	_______________________________________________
3.	Regarding the child(ren), provide the following information:

				Religious
Name	Age	DOB	Sex	Affiliation
_____________________________________
_____________________________________
_____________________________________

4.	Regarding the parent(s) who are the subject of the Petition, provide the following:

			Religious
Name	Age	Address	Affiliation
_____________________________________
_____________________________________
_____________________________________

5.	Was the mother married at any time during one year prior to the birth of the child(ren)?

Yes _____

No _____

	If yes, provide the name of each husband and mother's maiden name:
	_____________________________________
	_____________________________________
6.	The Petitioner(s) is authorized to seek termination pursuant to Section 2512 of the Adoption Act on the basis that the petitioner(s) is/are (check the applicable status):

	_____	a parent who seeks termination with respect to the other parent;
	_____	an agency;
	_____	an individual having custody or standing in loco parentis to the child, who has filed a report of intention to adopt as per Section 2531 of the Adoption Act;
	_____	an attorney representing a child or a guardian ad litem representing a child who has been adjudicated dependent under 42 Pa.C.S. § 6431(c) (relating to adjudication).

7.	The grounds for termination of parental rights upon which the petitioner(s) rely are:
	(check applicable grounds)

	_____	the parent by conduct continuing for a period of at least (6) months immediately preceding the filing of the petition either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties;
	_____	the repeated and continued incapacity, abuse, neglect or refusal of the parent has caused the child to be without essential parental care, control or subsistence necessary for his physical or mental well-being and the conditions and causes of the incapacity, abuse, neglect or refusal cannot or will not be remedied by the parent;
	_____	the parent is the presumptive but not the natural father of the child;
	_____	the child is in the custody of an agency, having been found under such circumstances that the identity or whereabouts of the parent is unknown and cannot be ascertained by diligent search and the parent does not claim the child within three months after the child is found;
	_____	the child has been removed from the care of the parent by the Court or under a voluntary agreement with an agency for a period of at least six months, the conditions which led to the removal or placement of the child continue to exist, the parent cannot or will not remedy those conditions within a reasonable period of time, the services or assistance reasonably available to the parent are not likely to remedy the conditions which led to the removal or placement of the child within a reasonable period of time and termination of the parental rights would best serve the needs and welfare of the child.
	_____	in the case of a newborn child, the parent knows or has reason to know of the child's birth, does not reside with the child, has not married the child's other parent, has failed for a period of four months immediately preceding the filing of the petition to make reasonable efforts to maintain substantial and continuing contact with the child and has failed during the same four month period to provide substantial financial support for the child;
	_____	the parent is the father of a child who was conceived as a result of a rape;
	_____	the child has been removed from the care of the parent by the Court or under a voluntary agreement with an agency, twelve (12) months or more have elapsed from the date of removal or placement, the conditions which led to the removal or placement of the child continue to exist and termination of parental rights would best serve the needs and welfare of the child.

8.	The facts which support each of the grounds checked above, and which establish that termination of parental rights would be in the best interests of the child, are set forth as follows (provide a statement of the facts underlying your petition, or a report from Children and Youth Services.)
	_______________________________________________
	_______________________________________________
	_______________________________________________
	_______________________________________________
	_______________________________________________
9.	If the petitioner(s) is not an agency, has a Petition for Adoption been filed or is adoption presently contemplated?

Yes _____

No _____

Is the child(ren) placed in the care of the petitioners?

Yes _____

No _____

	If yes, give the date of placement ___________________________
10.	The petitioner(s) will assume custody of the child(ren) if this petition is granted.
11.	If the father of the child(ren) has not been identified, has a claim of paternity been filed?

Yes _____

No _____

12.	Is either parent entitled to benefits under the Soldiers' and Sailors' Civil Relief Act (50 U.S.C.A. § 501, et seq).
13.	The following exhibits are attached:
	_____ birth certificate of child(ren);
	_____ consent of parent for petitioner under age eighteen (18).
	_____ statement of facts or report from Children and Youth Services
14.	VERIFICATION:

   I, (We) verify that the statements made in this Petition are true and correct. I understand that statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

   WHEREFORE, the Petitioner(s) request that a hearing be scheduled and a citation issued to the respondent(s) directing them to appear before the Court at a day and time scheduled.

_________________
 
_________________

[Pa.B. Doc. No. 99-1659. Filed for public inspection October 1, 1999, 9:00 a.m.]

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