237 Pa. Code Rule 1321. Hearing on Application for Private Petition.

Rule 1321. Hearing on Application for Private Petition.

A.  Hearing. The court shall conduct a hearing within fourteen days of the presentation of the application for a petition to determine:
   1)  if there are sufficient facts alleged to support a petition of dependency; and
   2)  whether the person applying for the petition is a proper party to the proceedings.
B.  Findings.
   1)  If the court finds sufficient facts to support a petition of dependency, then the applicant may file a petition pursuant to Rule 1330.
   2)  If the court finds the person making the application for a petition is a proper party to the proceedings, then the person shall be afforded all rights and privileges given to a party pursuant to law.
C. Joinder. Following grant of an application under this rule, the county agency shall be joined as a party in any further proceedings upon filing and service of a private petition pursuant to Rules 1330 and 1331.

Comment

   Under paragraph (A), at a hearing, the court is to determine if: 1) there are sufficient facts alleged to support a petition of dependency; and 2) the applying person is a proper party to the proceedings. A petition of dependency may go forward whether or not the applying person is determined to be a party to the proceedings.
   If a child is in custody, the hearing under paragraph (A) may be combined with the shelter care hearing pursuant to Rule 1242.

   Official Note
   Rule 1321 adopted August 21, 2006, effective February 1, 2007. Amended May 16, 2017, effective July 1, 2017.
   Committee Explanatory Reports:
   Final Report explaining the provisions of Rule 1321 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).
   Final Report explaining the amendments to Rule 1321 published with the Court’s Order at 47 Pa.B. 3079 (June 3, 2017).

Source

   The provisions of this Rule 1321 amended May 16, 2017, effective July 1, 2017, 47 Pa.B. 3079. Immediately preceding text appears at serial page (377976).

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.