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237 Pa. Code Rule 1320. Application to File a Private Petition.

PART B. APPLICATION FOR PRIVATE PETITION


Rule 1320. Application to File a Private Petition.

 A.  Application Contents. Any person, other than the county agency, may present an application to file a private petition with the court. The application shall include the following information:

   1)  the name of the person applying for a petition;

   2)  the name of the alleged dependent child;

   3)  the relationship of the person presenting this application to the child and to any other parties;

   4)  if known, the following:

     a)   the date of birth and address of the child;

     b)   the name and address of the child’s guardian, or the name and address of the nearest adult relative;

     c)   if a child is Native American, the child’s Native American history or affiliation with a tribe;

     d)   a statement, including court file numbers where possible, of pending juvenile or family court proceedings and prior or present juvenile or family court orders relating to the child;

   5)  a concise statement of facts in support of the allegations for which the application for a petition has been filed;

   6)  a statement that the applying person has reported the circumstances underlying this application to the county agency or a reason for not having reported the circumstances underlying the application;

   7)  a verification by the person making the application that the facts set forth in the application are true and correct to the 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; and

   8)  the signature of the person and the date of the execution of the application for a petition.

 B. Notice to County Agency. Upon receipt of an application, the court shall provide a copy of the application to the county agency. The county agency shall thereafter receive notice of the hearing.

Comment

   Any person, other than the county agency, shall first file an application to file a petition under this Rule. Rule 1800 suspends 42 Pa.C.S. §  6334 to the extent it is inconsistent with this Rule.

   See Rule 1321 for hearing on application.

   This rule is not intended to preclude the county agency from seeking to intervene and participate in the hearing on the application. See Rule 1133 (Motion to Intervene).

   Official Note

   Rule 1320 adopted August 21, 2006, effective February 1, 2007. Amended May 12, 2008, effective immediately. Amended May 16, 2017, effective July 1, 2017.

   Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 1320 published with the Court’s Order at 36 Pa.B. 5599 (September 2, 2006).

   Final Report explaining the amendments to Rule 1320 published with the Court’s Order at 38 Pa.B. 2360 (May 24, 2008).

   Final Report explaining the amendments to Rule 1320 published with the Court’s Order at 47 Pa.B. 3079 (June 3, 2017).

Source

   The provisions of this Rule 1320 amended May 12, 2008, effective May 12, 2008, 38 Pa.B. 2360; amended May 16, 2017, effective July 1, 2017, 47 Pa.B. 3079. Immediately preceding text appears at serial pages (377975) to (377976).


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