Rule 1133. Motion to Intervene.
A. Contents. The motion to intervene shall include:
1) the name and address of the person moving to intervene;
2) the relationship of the intervening person to the child;
3) the contact between the child and the intervening person;
4) the grounds on which intervention is sought; and
5) the request sought.
B. Action by court. Upon the filing of a motion to intervene and after a hearing, the court shall enter an order granting or denying the motion.
Comment Under paragraph (B), a motion may be denied if, among other reasons, there are insufficient grounds for the motion, the interest of the movant is already adequately represented, the motion for intervention was unduly delayed, or the intervention will unduly delay or prejudice the adjudication of dependency or the rights of the parties.
To move for intervention in a dependency case, a person is to show that the interest is substantial, direct, and immediate. See, e.g., South Whitehall Township Police Serv. v. South Whitehall Township, 521 Pa. 82, 555 A.2d 793 (1989).
Standing is conferred upon a person if the person cares for or controls the child or is accused of abusing the child. In re J.P., 832 A.2d 492 (Pa. Super. Ct. 2003); In re L.J., 456 Pa. Super. 685, 691 A.2d 520 (1997). See 23 Pa.C.S. § 5313 for grandparent intervention. See also R.M. v. Baxter, 565 Pa. 619, 777 A.2d 446 (2001) (grandparent standing); Mitch v. Bucks Co. Children and Youth Social Service Agency, 383 Pa. Super. 42, 556 A.2d 419 (1989) (prospective adoptive parent standing); In re M.K., 431 Pa. Super. 198, 636 A.2d 198 (1994) (alleged abuser standing). For distinction between foster parent and prospective adoptive parent standing, see In re N.S., 845 A.2d 884 (Pa. Super. Ct. 2004).
A non-custodial parent may intervene in a dependency petition filed by a third party to protect the child from being adjudicated dependent and placed in the custody of the Commonwealth. In re Anita H., 351 Pa. Super. 342, 505 A.2d 1014 (1986).
See also In re Michael Y., 365 Pa. Super. 488, 530 A.2d 115 (1987) and In re R.T. & A.T., 405 Pa. Super. 156, 592 A.2d 55 (1991) for additional parties to proceedings.
See Rule 1344 for motions and Rule 1345 for service.
Official Note
Rule 1133 adopted August 21, 2006, effective February 1, 2007.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1133 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).
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