PART B(2). PERMANENCY HEARING
Rule 1607. Regular Scheduling of Permanency Hearings.
A. Thirty days. The court shall conduct permanency hearings within thirty days of:
1) an adjudication of dependency at which the court determined that aggravated circumstances exist and that reasonable efforts to prevent or eliminate the need to remove the child from the child’s guardian or to preserve and reunify the family need not be made or continue to be made;
2) a permanency hearing at which the court determined that aggravated circumstances exist and that reasonable efforts to prevent or eliminate the need to remove the child from the child’s guardian or to preserve and reunify the family need not be made or continue to be made and the permanency plan for the child is incomplete or inconsistent with the court’s determination;
3) an allegation that aggravated circumstances exist regarding a child who has been adjudicated dependent; or
4) a motion alleging that the hearing is necessary to protect the safety or physical, mental, or moral welfare of a dependent child.
B. Six months. The court shall conduct a permanency hearing within six months of:
1) the date of the child’s removal from the child’s guardian for placement pursuant to 42 Pa.C.S. § § 6324 or 6332, or pursuant to a transfer of legal custody, or other disposition pursuant to Rule 1515, whichever is earliest; or
2) each previous permanency hearing until the child is removed from the jurisdiction of the court pursuant to Rule 1613.
Comment See 42 Pa.C.S. § 6351(e)(3).
Paragraph (A) provides when permanency hearings are to be held within thirty days. If the requirements of paragraph (A) do not apply, the court is to hold a permanency hearing every six months in every case until the child is removed from the jurisdiction of the court pursuant to paragraph (B). This includes cases when the child is not removed from the home or the child was removed and subsequently returned to the guardian, but the child is under the court’s supervision.
See Rule 1800(11).
Official Note
Rule 1607 adopted August 21, 2006, effective February 1, 2007. Amended September 16, 2009, effective immediately.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1607 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).
Final Report explaining the amendments to Rule 1607 published with the Court’s Order at 39 Pa.B. 5546 (September 26, 2009).
Source The provisions of this Rule 1607 amended September 16, 2009, effective September 16, 2009, 39 Pa.B. 5546. Immediately preceding text appears at serial pages (345022) to (345023).
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