237 Pa. Code Rule 1200. Commencing Proceedings.

PART A. COMMENCING PROCEEDINGS

Rule 1200. Commencing Proceedings.

Dependency proceedings within a judicial district shall be commenced by:
   1)  the filing of a dependency petition;
   2)  the submission of an emergency custody application;
   3)  the taking of the child into protective custody pursuant to a court order or statutory authority;
   4)  the court accepting jurisdiction of a resident child from another state;
   5)  the court accepting supervision of child pursuant to another state’s order; or
   6)  the filing of a motion for resumption of jurisdiction pursuant to Rule 1634.

Comment

   See 42 Pa.C.S. § §  6321, 6324, 23 Pa.C.S. § §  6315, 6369, 62 P. S. §  761.
   If a county agency has custody of a child under a voluntary placement agreement and custody will exceed thirty days, dependency proceedings are to be commenced by the filing of a petition by the thirtieth day. A dependency petition is to be filed if a guardian requests return of the child and the county agency refuses to return the child. A dependency petition is to be filed at the time of refusal of return by the county agency. See 55 Pa. Code §  3130.65 for provisions on voluntary agreements.
   For procedures on protective medical custody, see Rule 1201. For procedures on protective custody by police and the county agency, see Rule 1202.
   For proceedings that have already been commenced in another judicial district, see Rule 1302 for inter-county transfer of the case.
   For resumption of jurisdiction, see Rules 1634 and 1635 & 42 Pa.C.S. § §  6302 and 6351(j).
   The clerk of courts and the county agency should have form motions available for children who want to file for resumption of juvenile court jurisdiction. These forms are available at http://www.pacourts.us/Forms/dependency.htm.
   The clerk of courts or county agency is to assist any child who requests assistance in completing the form and the clerk of courts is to accept all filings for resumption of juvenile court jurisdiction regardless of whether the motions meet the standard for legal filings or there are objections by other parties. This is to ensure these children have easy access to the court. See also Rule 1126.

   Official Note
   Rule 1200 adopted August 21, 2006, effective February 1, 2007. Amended October 21, 2013, effective December 1, 2013.
   Committee Explanatory Reports:
   Final Report explaining the provisions of Rule 1200 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).
   Final Report explaining the amendments to Rule 1200 published with the Court’s Order at 43 Pa.B. 6658 (November 9, 2013).

Source

   The provisions of this Rule 1200 amended October 21, 2013, effective December 1, 2013, 43 Pa.B. 6658. Immediately preceding text appears at serial pages (357341) to (357342).

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