Rule 1634. Motion for Resumption of Jurisdiction.
A. Venue. A motion to resume jurisdiction shall be filed with the court that terminated court supervision of the child pursuant to Rule 1631.
B. Contents. The motion for resumption of jurisdiction shall aver:
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; and
2) 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 (B)(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) whether the child would like his or her guardian or other interested adult involved in the court proceedings;
4) that a verification has been signed by the child attesting the above requirements have been met; and
5) whether an expedited hearing for placement and services is being requested due to the child’s current living arrangement.
C. Service. A copy of the motion shall be served upon:
1) the county agency;
2) the attorney for the county agency;
3) the child;
4) the child’s attorney; and
5) the guardian or other interested adult if the child requesting resumption of jurisdiction would like the guardian or other interested adult involved in the case as averred in paragraph (B)(3).
Comment A motion to resume jurisdiction can be filed by the child, county agency, or attorney for the child. At the request of the child, if the county agency or previous attorney is approached by the child concerning the court reopening the child’s case, the county agency or attorney is to assist the child in the filing of the motion.
Pursuant to paragraph (A), the motion is to be filed in the county that terminated juvenile court jurisdiction. If the juvenile has moved to another county, the juvenile may request the court to transfer jurisdiction pursuant to Rule 1302 at any time after the filing of the motion to resume jurisdiction, including prior to the hearing on the motion. See Rules 1302 and 1635.
If the child does not have an attorney at the time of the filing of the motion, the court is to assign legal counsel pursuant to Rule 1151 and immediately order service of the motion to resume jurisdiction on the child’s attorney. It is best practice to appoint the guardian ad litem or legal counsel who was previously assigned to the child as legal counsel. See Rule 1151.
If the child is the party filing the motion, the President Judge of each judicial district is to designate a person to serve the other parties for the child. If the county agency or attorney is filing the motion, they should serve the other parties.
If the child has averred that the child desires the involvement of a guardian or other interested adult in their case, this person is to be served with the motion and given notice of any subsequent hearings if the court orders such involvement. Notice does not confer standing upon the guardian or other interested adult. See Rule 1635(B)(5) and Comment.
See 42 Pa.C.S. § § 6302 & 6351(j).
See also Rule 1300 for change of venue and Rule 1302 for inter-county transfer of the case.
Official Note
Adopted October 21, 2013, effective December 1, 2013.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1634 published with the Court’s Order at 43 Pa.B. 6658 (November 9, 2013).
Source The provisions of this Rule 1634 adopted October 21, 2013, effective December 1, 2013, 43 Pa.B. 6658.
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