Current through Register Vol. 54, No. 49, December 7, 2024
Rule 1202 - Procedures for Protective Custody by a Police Officer, Juvenile Probation Officer, and County AgencyA.Protective custody. 1)No court order.a) A police officer or a juvenile probation officer may take a child into protective custody pursuant to Rule 1200 if there are reasonable grounds to believe that the child is suffering from illness or injury or is in imminent danger from the surroundings and removal is necessary.b) Without unnecessary delay, but no more than twenty-four hours after a child is taken into custody, an application for a protective custody order shall be made to provide temporary emergency supervision of a child pending a hearing pursuant to Rule 1242. The president judge of each judicial district shall ensure that a judge is available twenty-four hours a day, every day of the year to accept and decide actions brought by the county agency within the twenty-four hour period.2)Court order. a) A police officer, juvenile probation officers or county agency may obtain a protective custody order removing a child from the home pursuant to Rule 1210 if the court finds that remaining in the home is contrary to the welfare and the best interests of the child.b) Pursuant to 23 Pa.C.S. § 6315 and after a court order, the county agency shall take the child into protective custody for protection from abuse. No county agency may take custody of the child without judicial authorization based on the merits of the situation.B.Notice. 1) In all cases, the person taking the child into custody immediately shall notify the guardian and the county agency of:a) the whereabouts of the child, unless disclosure is prohibited by court order; andb) the reasons for taking the child into custody.2)Notice may be oral. The notice shall be reduced to writing within twenty-four hours.C.Placement. A child shall be placed in an appropriate shelter care facility or receive other appropriate care pending a shelter care hearing pursuant to Rule 1242.The provisions of this Rule 1202 amended May 20, 2011, effective 7/1/2011, 41 Pa.B. 2839.