Rule 1635. Hearing on Motion for Resumption of Jurisdiction.
A. Time for hearing. Within thirty days of receiving a motion for resumption of jurisdiction, the court shall conduct a hearing to determine whether it will resume juvenile court jurisdiction.
B. Notice. Notice of the date, time, place, and purpose of the hearing shall be given to:
1) the county agency;
2) the attorney for the county agency;
3) the child;
4) the child’s attorney;
5) any other persons, including the guardian or other interested adult, as directed by the court.
C. Hearing. At the hearing, the court shall state its findings and conclusions of law on the record in open court as to whether:
1) dependency jurisdiction was previously terminated:
a) within ninety days prior to the child’s eighteenth birthday; or
b) on or after the child’s eighteenth birthday but before the child turns twenty-one years of age; and
2) the child continues to meet the definition of child pursuant to 42 Pa.C.S. § 6302 because the child:
a) is under twenty-one years of age;
b) was adjudicated dependent prior to turning eighteen years of age;
c) has requested the court to resume jurisdiction; and
d) is:
i) completing secondary education or an equivalent credential;
ii) enrolled in an institution which provides postsecondary or vocational education;
iii) participating in a program actively designed to promote or prevent barriers to employment;
iv) employed for at least eighty hours per month; or
v) incapable of doing any of the activities as prescribed in paragraphs (C)(2)(d)(i)—(iv) due to a medical or behavioral health condition, which is supported by regularly updated information in the permanency plan for the child;
3) reasonable efforts were made by the county agency to prevent the return of the child to juvenile court jurisdiction unless, due to the child’s immediate need for assistance, such lack of efforts was reasonable;
4) it will exercise jurisdiction pursuant to 42 Pa.C.S. § 6351(j) because it is best suited to the protection and physical, mental, and moral welfare of the child;
5) a guardian or other interested adult should be involved in the child’s case;
6) there are any health or educational needs of the child; and
7) the county agency has developed an appropriate transition plan.
D. Orders.
1) After a hearing, the court shall enter an order granting or denying the motion to resume juvenile court jurisdiction.
2) If the court resumes jurisdiction, the court shall order:
a) that resumption of jurisdiction is best suited to the protection and physical, mental, and moral welfare of the child;
b) any findings as to the transition plan for the child;
c) regular scheduling of permanency hearings pursuant to Rule 1608;
d) any designations of custody and/or placement of the child; and
e) any evaluations, tests, or treatments for the health and educational needs of the child.
E. Termination of court supervision in resumption cases.
1) Once the goals in the transition plan have been accomplished for a child which, at a minimum, includes the requirements pursuant to Rule 1631(E)(2), or the child has refused to cooperate with the plan, a party may move for termination of court supervision pursuant to Rule 1631.
2) In no event shall a child remain under juvenile court supervision once the child has turned twenty-one years of age.
F. Advanced Communication Technology. The provisions of Rule 1129 shall apply to this proceeding.
Comment The court may decide whether a guardian or other interested adult will participate in the child’s case. The court is to consider the preferences of the child when making an order for participation. See Rule 1634(B)(3) for notation of child’s preference and 42 Pa.C.S. § 6310 for guardian involvement. Notice or invitation to participate does not confer standing upon the guardian or other interested adult.
See 42 Pa.C.S. § § 6302 & 6351(j).
A juvenile court hearing officer may conduct these hearings. See Rule 1187.
If the court resumes jurisdiction, the county agency is to engage in family finding unless presently or previously discontinued pursuant to Rule 1149(B). See Rules 1608(D)(1)(h) and 1610(D) (court findings at permanency hearing whether the county agency has satisfied the requirements of Rule 1149 regarding family finding). If family finding was previously discontinued, the county agency may seek to resume family finding efforts pursuant to Rule 1149(C).
Official Note
Adopted October 21, 2013, effective December 1, 2013. Amended July 13, 2015, effective October 1, 2015. Amended April 6, 2017, effective September 1, 2017.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1635 published with the Court’s Order at 43 Pa.B. 6658 (November 9, 2013).
Final Report explaining the amendments to Rule 1635 published with the Court’s Order at 45 Pa.B. 3987 (July 25, 2015).
Final Report explaining the amendments to Rule 1635 published with the Court’s Order at 47 Pa.B. 2313 (April 22, 2017).
Source The provisions of this Rule 1635 adopted October 21, 2013, effective December 1, 2013, 43 Pa.B. 6658; amended July 13, 2015, effective October 1, 2015, 45 Pa.B. 3987; amended April 6, 2017, effective September 1, 2017, 47 Pa.B. 2313. Immediately preceding text appears at serial pages (378006) to (378008).
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