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PA Bulletin, Doc. No. 14-1191

THE COURTS

PART I. RULES

[ 237 PA. CODE CHS. 13, 15 AND 16 ]

Proposed Amendments to Rules 1302, 1515, 1608, 1610 and 1631

[44 Pa.B. 3307]
[Saturday, June 7, 2014]

 The Juvenile Court Procedural Rules Committee is soliciting public comment on modifications to Rules 1302, 1515, 1608, 1610, and 1631 before it considers any recommendations to the Supreme Court of Pennsylvania. These proposed modifications address inter-county transfer, docketing a change in custody, and clarifying the timing of a transition plan hearing.

 The Committee requests that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel, Christine Riscili at juvenilerules@pacourts.us. Email is the preferred method for receiving comments in an effort to conserve paper and expedite the distribution of comments to the Committee. Emailed comments need not be reproduced and sent via hard copy. The Committee will acknowledge receipt of your comment.

 For those who do not have access to email, comments may be faxed to the Committee at 717-231-9541 or written comments may be mailed to:

Christine Riscili, Esq.
Supreme Court of Pennsylvania
Juvenile Court Procedural Rules Committee
Pennsylvania Judicial Center
601 Commonwealth Ave, Suite 6200
P. O. Box 62635
Harrisburg, PA 17106-2635.

 All comments shall be received no later than Friday, July 25, 2014.

By the Juvenile Court
Procedural Rules Committee

HONORABLE TODD A. HOOVER, 
Chair

Annex A

TITLE 237. JUVENILE RULES

PART I. RULES

Subpart B. DEPENDENCY MATTERS

CHAPTER 13. PRE-ADJUDICATORY PROCEDURES

PART A. VENUE

Rule 1302. Inter-County Transfer.

 A. Transfer. A court may transfer a case to another county at any [time] stage of the dependency proceedings.

1) Prior to the transfer of the case, the transferring court and receiving court shall communicate regarding jurisdiction of the case.

2) If there is an agreement to transfer the case:

a) the transferring court shall enter an order transferring the case; and

b) the receiving court shall enter an order accepting jurisdiction and scheduling the next court proceeding in accordance with these Rules.

 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

Prior to the transferring of a case to another judicial district, the judge of the transferring court is to communicate with the judge of the receiving court. See paragraph (A)(1). Communication is essential to ensure all the details of the case are conveyed and any issues are resolved. If there is an agreement between the judges to transfer, each judge is to issue an order. The transferring court is to enter an order: 1) transferring the case to the receiving court; and 2) ordering the official court record and county agency records to be transferred with the case. See paragraphs (A)(2)(a) & (B). Pursuant to paragraph (A)(2)(b), the receiving court shall: 1) enter an order accepting jurisdiction of the case; and 2) schedule the next court proceeding.

To ensure there is no interruption in services to the child, the transferring county is to continue services until the case has been transferred officially by the entrance of court orders pursuant to paragraphs (A)(2)(a) & (b).

See 42 Pa.C.S. § 6321.

*  *  *  *  *

CHAPTER 15. DISPOSITIONAL HEARING

PART B. DISPOSITIONAL HEARING AND AIDS

Rule 1515. Dispositional Order.

*  *  *  *  *

Comment

See 42 Pa.C.S. §§ 6310, 6351.

If the dispositional order changes custody of the child, the order should be filed and docketed in Juvenile Court and in any existing custody case in Civil Court under the Domestic Relations docket.

 When issuing a dispositional 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.

*  *  *  *  *

CHAPTER 16. POST-DISPOSITIONAL PROCEDURES

PART B(2). PERMANENCY HEARING

Rule 1608. Permanency Hearing.

*  *  *  *  *

 D. Court's findings.

*  *  *  *  *

 2) Additional findings for fifteen of last twenty-two months. If the child has been in placement for fifteen of the last twenty-two months, the court may direct the county agency to file a petition to terminate parental rights.

3) Transition plan for children eighteen years of age or older.

a) A hearing shall be held at least ninety days prior to the child turning eighteen years of age for the purpose of approving a transition plan.

b) 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:

i) the specific plans for housing;

ii) a description of the child's source of income;

iii) the specific plans for pursuing educational or vocational training goals;

iv) the child's employment goals and whether the child is employed;

v) 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;

vi) a description of any available programs that would provide mentors or assistance in establishing positive adult connections;

vii) verification that all vital identification documents and records have been provided to the child;

viii) a description of any other needed support services; and

ix) 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.

c) At the hearing, the court shall review the transition plan for the child. If the court is not satisfied that the requirements of paragraph (D)(3)(b) have been met, a subsequent hearing shall be scheduled.

 E. Advanced communication technology. Upon good cause shown, a court may utilize advanced communication technology pursuant to Rule 1129.

*  *  *  *  *

Comment

*  *  *  *  *

 The court is to move expeditiously towards permanency. A goal change motion may be filed at any time.

Pursuant to paragraph (D)(3)(b), 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 (D)(3)(c), 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.

 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 permanency.

*  *  *  *  *

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:

*  *  *  *  *

 2) whether the transition plan of the child is consistent with Rule [1631(E)(2)] 1608(D)(3);

*  *  *  *  *

PART D. CESSATION OR RESUMPTION OF COURT SUPERVISION OR JURISDICTION

Rule 1631. Termination of Court Supervision.

*  *  *  *  *

 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 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;

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 pursuant to Rule 1608, 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.

*  *  *  *  *

Comment

*  *  *  *  *

 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.

*  *  *  *  *

EXPLANATORY REPORT

 The Juvenile Court Procedural Rules Committee (Committee) is seeking public comment on modifications to Rules 1302, 1515, 1608, 1610, and 1631. These proposed modifications address inter-county transfer, docketing a change in custody, and clarifying the timing of a transition plan hearing.

Rule 1302

 There have been questions regarding the methodology of transferring a case. These modifications seek to clarify the procedure.

 Judges should be communicating informally with each other (e.g. telephone, email) to decide whether a case should be transferred and whether the receiving court is willing to agree to the transfer of the case. There is a multitude of issues that may arise in transfer cases, including where jurisdiction lies if a party has moved, custody has changed to an outside county person, or another similar situation. There are also frequently many issues in the case and a better understanding of those issues can be relayed by a simple conversation.

 After this communication, the judges decide together whether a case will be transferred. If transfer will occur, each judge must issue an order. The transferring court will enter an order: 1) transferring the case to the receiving court; and 2) ordering the official court record and county agency records to be transferred to the receiving court. At the same time, the receiving court will issue an order: 1) accepting jurisdiction of the case; and 2) scheduling the next court event.

 At no time should a child be without services while transfer of a case is being discussed. The transferring county must continue to provide services until both orders have been issued.

Rule 1515

 There are times when the judge in juvenile court issues an order changing the custody of the child that could affect an existing custody case. To ensure all parties are notified properly, the order changing custody must be docketed on both dockets: Juvenile Court and Civil Court.

Rule 1608, 1610, and 1631

 Under the current Rules, the transition plan hearing is in the Termination of Court Supervision rule. After thoughtful consideration, the Committee believes it is more appropriately placed in the permanency hearing rule. The entire content of this procedure has been lifted from Rule 1631 and placed into Rule 1608.

 The purpose of this move is to ensure hearings occur prior to the child's eighteenth birthday and that the county agency is prepared with achieving these requirements prior to that timeframe. In many instances, a transition plan takes time for thoughtful discussion of the available services with the child. Planning, making decisions, and providing services must occur. If a county agency waits until time of termination of a case, many plans would fail for lack of ample time to complete the plan. It is essential to consider thoughtfully all the details necessary to achieve independence while giving the child the time needed.

[Pa.B. Doc. No. 14-1191. Filed for public inspection June 6, 2014, 9:00 a.m.]



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