§ 3130.74. Petitions, or motions for court approval filed with the court.
(a) The county agency shall file a petition or motion for court approval prior to a change in a court-ordered goal, placement, visitation or service.
(b) Petitions or motions, including petitions for placement reviews and dispositional review hearings, shall clearly state the agency’s recommendation about each issue before the court and the factual allegations supporting each recommendation.
(c) A petition or motion filed with the court shall be mailed to all parties and their counsel of record at least 15 days in advance of a hearing thereon. The county agency will not be sanctioned by the Department for noncompliance with the 15-day requirement of this section in instances when the scheduling of the hearing is beyond the control of the agency, and the agency has given as much notice as possible under the circumstances.
(d) In an emergency as defined in § 3130.68(b) and (i) (relating to visiting and communication policies), the county agency may change the child’s location or visiting arrangements prior to obtaining court approval if it files a petition or motion with the court within 24 hours of the action taken. In these cases, the county agency shall immediately provide date stamped copies of the petition or request to the child’s attorney, the child, if age appropriate, the child’s parents or legal guardians and their legal counsel, if known.
Source The provisions of this § 3130.74 adopted December 21, 1990, effective December 22, 1990, 20 Pa.B. 6269.
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