PART A. BUSINESS OF COURTS
Rule 1120. Definitions.
ADULT is any person, other than a child, eighteen years old or older.
ADVANCED COMMUNICATION TECHNOLOGY is any communication equipment that is used as a link between parties in physically separate locations and includes, but is not limited to, systems providing for two-way simultaneous audio-visual communication, closed circuit television, telephone and facsimile equipment, and electronic mail.
AGE-APPROPRIATE OR DEVELOPMENTALLY-APPROPRIATE is used to describe the: 1) activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; or 2) in the case of a specific child, activities or items that are suitable based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.
AGGRAVATED CIRCUMSTANCES are those circumstances specifically defined pursuant to the Juvenile Act, 42 Pa.C.S. § 6302.
CAREGIVER is a person with whom the child is placed in an out-of-home placement, including a resource family or individual designated by a county agency or private agency. The resource family is the caregiver for any child placed with them.
CHILD is a person who:
1) is under the age of eighteen and is the subject of the dependency petition; or
2) is under the age of twenty-one; and
a) was adjudicated dependent before reaching the age of eighteen;
b) has requested the court to retain jurisdiction; and
c) who remains under the jurisdiction of the court or for whom jurisdiction has been resumed as a dependent child because the court has determined that the child is one of the following:
i) completing secondary education or an equivalent credential;
ii) enrolled in an institution which provides postsecondary or vocational education;
iii) participating in a program actively designed to promote or remove barriers to employment;
iv) employed for at least eighty hours per month; or
v) incapable of doing any of the activities as prescribed above in (2)(c)(i)—(iv) due to a medical or behavioral health condition, which is supported by regularly updated information in the permanency plan for the child.
CLERK OF COURTS is that official in each judicial district who has the responsibility and function under state law or local practice to maintain the official court record and docket, without regard to that person’s official title. A party to the proceedings shall not function as the clerk of courts.
COPY is an exact duplicate of an original document, including any required signatures, produced through mechanical or electronic means and includes, but is not limited to, copies reproduced by transmission using facsimile equipment, or by scanning into and printing out of a computer.
COUNTY AGENCY is the county children and youth social service agency established pursuant to the County Institution District Law, 62 P. S. § 2305 (1937) or established through the county commissioners in the judicial districts where the County Institution District Law was abolished, 16 P. S. § § 2161 and 2168, and supervised by the Department of Public Welfare pursuant to the Public Welfare Code, 62 P. S. § 901 et seq.
COURT is the Court of Common Pleas, a court of record, which is assigned to hear dependency matters. Court shall include juvenile court hearing officers when they are permitted to hear cases under these rules. Juvenile court shall have the same meaning as court.
DILIGENT EFFORTS are the comprehensive and ongoing efforts made to identify and locate adult relatives and kin for a child until the permanency goal is achieved.
EDUCATIONAL DECISION MAKER is a responsible adult appointed by the court to make decisions regarding a child’s education when the child has no guardian or the court has limited the guardian’s right to make such decisions for the child. The educational decision maker acts as the child’s representative concerning all matters regarding education unless the court specifically limits the authority of the educational decision maker.
FAMILY FINDING is the ongoing diligent efforts of the county agency, or its contracted providers, to search for and identify adult relatives and kin, and engage them in the county agency’s social service planning and delivery of services, including gaining commitment from relatives and kin to support a child or guardian receiving county agency services.
FAMILY SERVICE PLAN is the document in which the county agency sets forth the service objectives for a family and services to be provided to a family by the county agency.
GUARDIAN is any parent, custodian, or other person who has legal custody of a child, or person designated by the court to be a temporary guardian for purposes of a proceeding.
HEALTH CARE is care related to any medical need including physical, mental, and dental health. This term is used in the broadest sense to include any type of health need.
JUDGE is a judge of the Court of Common Pleas.
JUVENILE COURT HEARING OFFICER is an attorney with delegated authority to preside over and make recommendations for dependency matters. Juvenile court hearing officer has the same meaning as master as used pursuant to 42 Pa.C.S. § 6301 et seq.
JUVENILE PROBATION OFFICER is a person who has been appointed by the court or employed by a county’s juvenile probation office, and who has been properly commissioned by being sworn in as an officer of the court to exercise the powers and duties set forth in Rule 195, the Juvenile Act, and the Child Protective Services Law.
KIN is a relative of the child through blood or marriage, godparent of the child as recognized through an organized church, a member of the child’s tribe or clan, or someone who has a significant positive relationship with the child or the child’s family.
KINSHIP CARE is the full-time nurturing and protection of a child who is separated from the child’s guardian and placed in the home of a caregiver who has an existing relationship with the child and/or the child’s family.
LAW ENFORCEMENT OFFICER is any person who is by law given the power to enforce the law when acting within the scope of that person’s employment.
MEDICAL FACILITY is any hospital, urgent care facility, psychiatric or psychological ward, drug and alcohol detoxification or rehabilitation program, or any other similar facility designed to treat a child medically or psychologically.
MINOR is any person under the age of eighteen.
OFFICIAL COURT RECORD is the juvenile court file maintained by the clerk of courts which contains all court orders, court notices, docket entries, filed documents, evidence admitted into the record, and other court designated documents in each case.
PARTY is a person or the county agency who has standing to participate in the proceedings but nothing in these Rules confers standing upon a person.
PERMANENCY PLAN is a comprehensive plan that will result in a permanent home for the child.
PETITION is a formal document by which a child is alleged to be dependent.
PETITIONER is any person, who signs or verifies, and files a petition.
POLICE OFFICER is any person, who is by law given the power to arrest when acting within the scope of that person’s employment.
PROCEEDING is any stage in the dependency process occurring once a shelter care application has been submitted or a petition has been filed.
PROTECTIVE CUSTODY is when a child is taken into custody for protection as an alleged dependent child pursuant to the Juvenile Act, 42 Pa.C.S. § 6301 et seq. or custody may be assumed pursuant to 23 Pa.C.S. § 6315.
REASONABLE AND PRUDENT PARENT STANDARD is the standard, characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while encouraging the emotional and developmental growth of the child, that a caregiver must use when determining whether to allow a child to participate in extracurricular, enrichment, cultural, and social activities.
RECORDING is the means to provide a verbatim account of a proceeding through the use of a court stenographer, audio recording, audio-visual recording, or other appropriate means.
SHELTER CARE FACILITY is a physically unrestricted facility that provides temporary care of a child and is approved by the Department of Public Welfare.
VERIFICATION is a written statement made by a person that the information provided is true and correct to that person’s personal knowledge, information, or belief and that any false statements are subject to the penalties of the Crimes Code, 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.
Comment: In 2013, the definition of ‘‘child’’ was expanded to include those children who have requested the court to resume jurisdiction after juvenile court supervision had been previously terminated. This rule change followed the changes to the definition of ‘‘child’’ in the Juvenile Act pursuant to Act of July 5, 2012 (P.L. 880, No. 91). See 42 Pa.C.S. § 6302.
A party to the proceedings is not to function as the clerk of courts. Because the clerk of courts maintains the official court record, this person is to remain neutral and unbiased by having no personal connection to the proceedings. The county agency is a party to the proceeding and is not to function as the ‘‘Clerk of Courts.’’
The definition of ‘‘Clerk of Courts’’ should not necessarily be interpreted to mean the office of clerk of courts as set forth in 42 Pa.C.S. § 102, but instead refers to that official who maintains the official court record and docket regardless of the person’s official title in each judicial district. It is to be determined locally which official is to maintain these records and the associated docket.
The county institution districts, as used in the definition of ‘‘county agency,’’ in counties of the fourth, fifth, sixth, seventh, and eighth classes were abolished pursuant to 16 P.S. § 2161. It is the county commissioners’ duties in the counties of those classes to provide the children and youth social service agency with the necessary services for the agency to provide care for the child. See 16 P.S. § 2168.
Under the term ‘‘court,’’ to determine if juvenile court hearing officers are permitted to hear cases, see Rule 1187.
An ‘‘educational decision maker’’ is to be appointed by court order. The scope of the appointment is limited to decisions regarding the child’s education. The educational decision maker acts as the child’s spokesperson on all matters regarding education unless the court specifically limits the authority of the educational decision maker. The educational decision maker holds educational and privacy rights as the child’s guardian for purposes of 20 U.S.C. § 1232g and 34 C.F.R. § 99.3. See also Rule 1147(C) for the duties and responsibilities of an educational decision maker.
The definition of ‘‘family finding’’ is derived from 67 Pa.C.S. § 7502.
Diligence is to include utilizing reasonable resources available when engaging in family finding, never ceasing efforts until multiple relatives and kin are identified, and going beyond basic searching tools by exploring alternative tools and methodologies. ‘‘Diligent efforts’’ is to include, but not limited to, interviews with immediate and extended family and kin, genograms, eco-mapping, case mining, cold calls, and specialized computer searches.
It is insufficient to complete only a basic computer search or attempt to contact known relatives at a last-known address or phone number.
For multiple resources efforts that may be utilized, see Commonwealth of Pennsylvania, Department of Public Welfare, Office of Children, Youth and Families Bulletin, No. 3130-12-03, issued May 11, 2012, effective July 1, 2013; Seneca Family Finding, which may be found at www.familyfinding.org, or Legal Services Initiative, diligent search packet, Statewide Adoption and Permanency Network, which may be found at www.diakon-swan.org.
Supporting a child under the definition of ‘‘family finding’’ means any type of aid, including but not limited to emotional, financial, physical, or psychological aid.
See also 67 Pa.C.S. § § 7501 et seq. and 42 U.S.C. § 675 (Fostering Connections) to comply with state and federal regulations.
For the family service plan, see 55 Pa. Code § 3130.61.
‘‘Health care’’ includes, but is not limited to, routine physical check-ups and examinations; emergency health care; surgeries; exploratory testing; psychological exams, counseling, therapy and treatment programs; drug and alcohol treatment; support groups; routine eye examinations and procedures; teeth cleanings, fluoride treatments, fillings, preventative dental treatments, root canals, and other dental surgeries; and any other examination or treatment relating to any physical, mental, and dental needs of the child.
A ‘‘juvenile probation officer’’ is an officer of the court. ‘‘Properly commissioned’’ as used in the definition of a juvenile probation officer includes the swearing in under oath or affirmation and receipt of a document, certificate, or order of the court memorializing the authority conferred upon the juvenile probation officer by the court.
A properly commissioned juvenile probation officer is vested with all the powers and duties set forth in 42 Pa.C.S. § 6304, and the power to take a child into protective custody as a duly authorized officer of the court pursuant to 42 Pa.C.S. § 6324 unless the President Judge has limited such authority pursuant to Rule 195. See also 23 Pa.C.S. § 6315.
The definition of ‘‘law enforcement officer’’ does not give the power of arrest to any person who is not otherwise given that power by law.
The ‘‘official court record’’ is to contain all court orders, court notices, docket entries, filed documents, evidence admitted into the record, and other court designated documents in each case. The court may also designate any document to be a part of the record. It does not include items contained in county agency’s records unless they are made a part of the official record by being filed with the clerk of courts.
The term ‘‘petitioner’’ may include any person; however, if the person is not the county agency, an application to file a petition pursuant to Rule 1320 is to be made. If the court, after a hearing, grants the application, the applicant may file a petition.
The definition of ‘‘proceeding’’ includes all formal stages once a shelter care application has been submitted or a petition has been filed, including all subsequent proceedings until supervision is terminated pursuant to Rule 1613.
Source The provisions of this Rule 1120 amended March 19, 2009, effective June 1, 2009, 39 Pa.B. 1614; amended December 24, 2009, effective immediately, 40 Pa.B. 222; amended April 21, 2011, effective July 1, 2011, 41 Pa.B. 2319; amended April 29, 2011, effective July 1, 2011, 41 Pa.B. 2413; amended May 20, 2011, effective July 1, 2011, 41 Pa.B. 2839; amended June 24, 2013, effective January 1, 2014, 43 Pa.B. 3941; amended October 21, 2013, effective December 1, 2013, 43 Pa.B. 6658; amended July 28, 2014, effective September 29, 2014, 44 Pa.B. 5447; amended July 13, 2015, effective October 1, 2015, 45 Pa.B. 3987; amended December 9, 2015, effective January 1, 2016, 45 Pa.B. 7289; amended April 6, 2017, effective September 1, 2017, 47 Pa.B. 2313; amended November 30, 2021, effective January 1, 2022, 51 Pa.B. 7632; amended March 22, 2023, effective October 1, 2023, 53 Pa.B. 1791. Immediately preceding text appears at serial pages (387384) to (387386) and (407925) to (407926).
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