237 Pa. Code Rule 1604. Submission of Reports.

Rule 1604. Submission of Reports.

A.  Generally.
   1)  A foster parent, preadoptive parent, or relative providing care for a child may submit a report regarding the child’s adjustment, progress, and condition for review by the court.
   2)  The report shall be submitted to the court designee at least seven days prior to the permanency hearing.
B.  Designation by President Judge. The President Judge of each judicial district shall appoint a designee, other than a judge or party, to receive these reports.
C.  Duties of the County Agency. Upon placement of the child with a foster parent, preadoptive parent, or relative providing care for a child, the county agency shall inform such person of:
   1)  the right to submit a report;
   2)  the name and address of the court designee who shall receive the reports; and
   3)  the requirement to submit the report at least seven days prior to the permanency hearing.
D.  Duties of Designee. Within one business day of receiving the report, the court designee shall:
   1)  file a copy of the report with the clerk of courts; and
   2)  distribute copies to the judge, attorneys, parties, and if appointed, the court-appointed special advocate.
E.  Examination of Report. Pursuant to Rule 1608(C), the court shall examine this report and consider its contents as it would consider any other evidence in the case.

Comment

   The county agency is to provide the form designed by the Department of Public Welfare to the foster parent, preadoptive parent, or relative providing care for the child. See 42 Pa.C.S. §  6336.1(b).
   See also 42 Pa.C.S. §  6341(d).
   Pursuant to paragraph (E), the court is to examine this report and consider it contents as it would consider any other evidence. Evidence is to be properly entered into the record before the court will consider it. Evidence submitted directly to the court is considered an ex parte communication and is strictly prohibited. See Rule 1136 on ex parte communications.

   Official Note
   Rule 1604 adopted December 18, 2009, effective immediately. Amended April 29, 2011, effective July 1, 2011.
   Committee Explanatory Reports:
   Final Report explaining the provisions of Rule 1604 published with the Court’s Order at 40 Pa.B. 21 (January 2, 2010).
   Final Report explaining the provisions of Rule 1604 published with the Court’s Order at 41 Pa.B. 2434 (May 14, 2011).

Source

   The provisions of this Rule 1604 adopted December 18, 2009, effective immediately, 40 Pa.B. 21; amended April 29, 2011, effective July 1, 2011, 41 Pa.B. 2434. Immediately preceding text appears at serial pages (347640) and (356721).

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