PART A. VENUE
Rule 1300. Venue.
A. Generally. A dependency proceeding shall be commenced in:
1) the county in which the child is present; or
2) the child’s county of residence.
B. Change of Venue. At any time prior to the adjudicatory hearing, for the convenience of parties and witnesses, the court, upon its own motion or motion of any party, may transfer an action to the appropriate court of any county where the action could originally have been brought or could be brought at the time of filing the motion to change venue.
C. Transmission of All Records. If there is a change of venue ordered pursuant to paragraph (B), within five days:
1) the transferring county’s clerk of courts shall inform the receiving county’s clerk of courts of the manner in which certified copies of all documents, reports, and summaries in the child’s official court record will be transferred;
2) the transferring county’s clerk of courts shall transfer certified copies of all documents, reports, and summaries in the child’s official court record to the receiving county’s clerk of courts;
3) the transferring county agency shall transfer all its records to the receiving county agency;
4) the receiving county’s clerk of courts shall notify its county agency and the transferring county’s clerk of courts of its receipt of the official court records; and
5) the receiving county agency shall schedule the next court proceeding in accordance with the time requirements of these Rules.
D. Continuation of Services. To ensure there is no interruption in services, the transferring county agency is to continue services until the case transfer has been completed, which occurs when the receiving county’s clerk of court notifies of receipt of the official court record as provided in paragraph (C)(4).
Comment See 42 Pa.C.S. § 6321(b).
For procedures regarding motions and answers, see Rule 1344. In addition to the procedures for service of orders under Rule 1167, an order changing venue is to be served upon the new county agency and the receiving court so they may begin proceedings in the receiving county.
Pursuant to paragraph (C), all records are to be transferred within five days of the order for change in venue. Nothing in this rule prohibits the use of electronic means when transferring and receiving records, but the manner in which records are transmitted must be communicated. If there is an electronic transfer, the receiving county is to send an electronic confirmation of receipt of the records as the return receipt. The transferring county’s clerk of courts is to docket the confirmation of receipt of records by the receiving county and may close the case once the confirmation has been received.
For transfer of agency records, see 55 Pa. Code § 3490.401.
Official Note
Rule 1300 adopted August 21, 2006, effective February 1, 2007. Amended December 24, 2009, effective immediately. Amended April 28, 2020, effective October 1, 2020.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1300 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).
Final Report explaining the amendments to Rule 1300 published with the Court’s Order at 40 Pa.B. 222 (January 9, 2010).
Final Report explaining the amendments to Rule 1300 published with the Court’s Order at 50 Pa.B. 2389 (May 9, 2020).
Source The provisions of this Rule 1300 amended December 24, 2009, effective immediately, 40 Pa.B. 222; amended April 28, 2020, effective October 1, 2020, 50 Pa.B. 2389. Immediately preceding text appears at serial page (347634).
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