237 Pa. Code Rule 1800. Suspensions of Acts of Assembly.

Rule 1800. Suspensions of Acts of Assembly.

This rule provides for the suspension of the following Acts of Assembly that apply to dependency proceedings only:
   1)  The Act of July 9, 1976, P. L. 586, No. 142, §  2, 42 Pa.C.S. §  6335(c), which provides for the issuance of arrest warrants if the child may abscond or may not attend or be brought to a hearing, is suspended only insofar as the Act is inconsistent with Rules 1124, 1140, and 1364, which require a summoned person to fail to appear and the court to find that sufficient notice was given.
   2)  The Act of July 9, 1976, P. L. 586, No. 142, §  2, 42 Pa.C.S. §  6336(c), which provides that if a proceeding is not recorded, full minutes shall be kept by the court, is suspended only insofar as the Act is inconsistent with Rules 1127(A) & 1242(B)(2), which require all proceedings to be recorded, except for shelter care hearings.
   3)  The Act of July 9, 1976, P. L. 586, No. 142, §  2, 42 Pa.C.S. §  6311(b)(9), which provides that there is not a conflict of interest for the guardian ad litem in communicating the child’s wishes and the recommendation relating to the appropriateness and safety of the child’s placement and services necessary to address the child’s needs and safety, is suspended only insofar as the Act is inconsistent with Rules 1151 and 1154, which allows for appointment of separate legal counsel and a guardian ad litem when the guardian ad litem determines there is a conflict of interest between the child’s legal interest and best interest.
   4)  The Act of July 9, 1976, P. L. 586, No. 142, §  2, 42 Pa.C.S. §  6337, which provides that counsel must be provided unless the guardian is present and waives counsel for the child, is suspended only insofar as the Act is inconsistent with Rule 1152, which does not allow a guardian to waive the child’s right to counsel and a child may not waive the right to a guardian ad litem.
   5)  The Act of July 9, 1976, P. L. 586, No. 142, §  2, 42 Pa.C.S. §  6305(b), which provides that the court may direct hearings in any case or classes of cases be conducted by the juvenile court hearing officer, is suspended only insofar as the Act is inconsistent with Rule 1187, which allows juvenile court hearing officers to hear only specific classes of cases.
   6)  The Act of July 9, 1976, P. L. 586, No. 142, §  2, 42 Pa.C.S. §  6324, which authorizes law enforcement officers to take a child into custody, is suspended only insofar as the Act is inconsistent with Rule 1202, which provides for police officers and juvenile probation officers taking a child into custody.
   7)  The Act of July 9, 1976, P. L. 586, No. 142, §  2, 42 Pa.C.S. §  6331, which provides for the filing of a petition with the court within twenty-four hours or the next business day of the admission of the child to shelter care, is suspended only insofar as the Act is inconsistent with the filing of a petition within twenty-four hours or the next business day from the shelter care hearing if the child is in protective custody under Rules 1242 and 1330(A).
   8)  The Act of July 9, 1976, P. L. 586, No. 142, §  2, 42 Pa.C.S. §  6334, which provides that any person may bring a petition, is suspended only insofar as the Act is inconsistent with Rules 1320, 1321, and 1330, which provide that the county agency may file a petition and any other person shall file an application to file a petition.
   9)  The Act of December 19, 1990, P. L. 1240, No. 206, §  2, 23 Pa.C.S. §  6339, which provides for the confidentiality of reports made pursuant to the Child Protective Services Law, 23 Pa.C.S. §  6301 et seq., is suspended only insofar as the Law is inconsistent with Rule 1340(B)(1)(e), which provides for the disclosure of such reports if the reports are going to be used as evidence in a hearing to prove dependency of a child.
   10)  The Act of July 9, 1976, P. L. 586, No. 142, §  2, 42 Pa.C.S. §  6335, which provides that a copy of the petition is to accompany a summons, is suspended only insofar as the Act is inconsistent with Rule 1360, which provides that the summons is to include a copy of the petition unless the petition has been previously served.
   11)  The Act of July 9, 1976, P. L. 586, No. 142, §  2, 42 Pa.C.S. §  6336.1(b)(2), which provides that the foster parent or parents, preadoptive parent or relative providing care for the child has a right to submit a report to the court, is suspended only insofar as the Act is inconsistent with Rule 1604, which requires the report to be submitted to a court designee who files the report and submits it to the judge, attorneys, parties, and if appointed, a court appointed special advocate.
   12)  The Act of July 9, 1976, P. L. 586, No. 142, §  2, 42 Pa.C.S. §  6351(e)(3)(i)(B), which provides for permanency hearings within six months of each previous permanency hearing until the child is returned home or removed from the jurisdiction of the court, is suspended only insofar as the Act is inconsistent with Rule 1607, which requires permanency hearings in all cases until the child is removed from the jurisdiction of the court.

Comment

   The authority for suspension of Acts of Assembly is granted to the Supreme Court by Article V §  10(c) of the Pennsylvania Constitution. See also Rule 1102.

   Official Note
   Rule 1800 adopted August 21, 2006, effective February 1, 2007. Amended March 19, 2009, effective June 1, 2009. Amended September 16, 2009, effective immediately. Amended April 29, 2011, effective July 1, 2011. Amended May 20, 2011, effective July 1, 2011. Amended April 6, 2017, effective September 1, 2017.
   Committee Explanatory Reports:
   Final Report explaining the provisions of Rule 1800 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).
   Final Report explaining the amendments to Rule 1800 published with the Court’s Order at 39 Pa.B. 1614 (April 4, 2009).
   Final Report explaining the amendments to Rule 1800 published with the Court’s Order at 39 Pa.B. 5546 (September 26, 2009).
   Final Report explaining the amendments to Rule 1800 published with the Court’s Order at 41 Pa.B. 2413 (May 14, 2011).
   Final Report explaining the amendments to Rule 1800 published with the Court’s Order at 41 pa.B. 2434 (May 14, 2011).
   Final Report explaining the amendments to Rule 1800 published with the Court’s Order at 41 Pa.B. 2839 (June 4, 2011).
   Final Report explaining the amendments to Rule 1800 published with the Court’s Order at 47 Pa.B. 2313 (April 22, 2017).

Source

   The provisions of this Rule 1800 amended March 19, 2009, effective June 1, 2009, 39 Pa.B. 1614; amended September 16, 2009, effective immediately, 39 Pa.B. 5546; amended April 29, 2011, effective July 1, 2011, 41 Pa.B. 2413, 2434; amended May 20, 2011, effective July 1, 2011, 41 Pa.B. 2839; amended April 6, 2017, effective September 1, 2017, 47 Pa.B. 2313. Immediately preceding text appears at serial pages (357375) to (357377).

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