Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

55 Pa. Code § 3130.38. Other required services.

§ 3130.38. Other required services.

 (a)  Court-ordered services. The county agency shall provide or arrange for the provision of service and care ordered by the court under 42 Pa.C.S. § §  6301—6365 (relating to the Juvenile Act).

 (b)  Child protective services. Other services required by Chapter 3490 (relating to protective services).

 (c)  Family service plans. Other services required by the service plan and service plan reviews in § §  3130.61, 3130.63, 3130.67 and 3130.71.

Authority

   The provisions of this §  3130.38 amended under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § §  201—211, 701—774, 901—922 and 1001—1008).

Source

   The provisions of this §  3130.38 amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial page (97943).

Notes of Decisions

   Dental Care

   Where the trial court excercised its continuing discretion at the best interest of the child, it was not an abuse of discretion for it to require payment by the Philadelphia Department of Human Services for the child’s dental care, even though the child was not committed to DHS. In re N.E., 787 A.2d 1040 (Pa. Super. 2001).

   Education

   Juvenile Court has authority to order county youth services agency to fulfill a duty to give financial support to dependent child, and trial court may enter an order directing agency to fund placement of child in preschool program, although the cost for such would not be reimbursed by Department of Public Welfare. In re Tameka M., 580 A.2d 750 (Pa. Cmwlth. 1990).

   Dependency

   Considering the enormous implications of a dependency finding, such a determination can only be made in compliance with statutory requirements regarding dependency determinations and cannot be made by a trial court sua sponte without petition for dependency having been filed. Fallaro v. Yeager, 528 A.2d 222 (Pa. Super. 1987).

   Subsection (a)

   The provisions of subsection (a) and 55 Pa. Code §  3130.34(4) contemplate the court entering a dispositional order under its authority in 42 Pa.C.S. §  6351 (relating to disposition of dependent child) which order mandates participation by the county institution district. In re Lowry, 484 A.2d 383 (Pa. 1984).

Cross References

   This section cited in 55 Pa. Code §  3140.17 (relating to review of county plans and budgets).



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