237 Pa. Code r. 1242

Current through Register Vol. 54, No. 49, December 7, 2024

Rule 1242 - Shelter Care Hearing

A.Informing of rights. Upon commencement of the hearing, the court shall ensure that:

1) a copy of the shelter care application is provided to the parties; and

2) all parties are informed of the right to counsel.

B.Manner of hearing.

1)Conduct. The hearing shall be conducted in an informal but orderly manner.

2)Recording. If requested, or if ordered by the court, the hearing shall be recorded by appropriate means. If not so recorded, full minutes of the hearing shall be kept.

3)Testimony and evidence. All evidence helpful in determining the questions presented, including oral or written reports, may be received by the court and relied upon to the extent of its probative value even though not competent in the hearing on the petition. The child's attorney, the guardian, if unrepresented, and the attorney for the guardian shall be afforded an opportunity to examine and controvert written reports so received.

4)Advanced communication technology. Upon good cause shown, a court may utilize advanced communication technology pursuant to Rule 1129.

C.Findings. The court shall determine whether:

1) there are sufficient facts in support of the shelter care application;

2) the county agency has reasonably engaged in family finding;

3) custody of the child is warranted after consideration of the following factors:

a) remaining in the home would be contrary to the welfare and best interests of the child;

b) reasonable efforts were made by the county agency to prevent the child's placement;

c) the child's placement is the least restrictive placement that meets the needs of the child, supported by reasons why there are no less restrictive alternatives available; and

d) the lack of efforts was reasonable in the case of an emergency placement where services were not offered;

4) a person, other than the county agency, submitting a shelter care application, is a party to the proceedings; and

5) There are any special needs of the child that have been identified and that the court deems necessary to address while the child is in shelter care.

D.Prompt hearing. The court shall conduct a hearing within seventy-two hours of taking the child into protective custody. The parties shall not be permitted to waive the shelter care hearing.

E.Court order. At the conclusion of the shelter care hearing, the court shall enter a written order setting forth:

1) its findings pursuant to paragraph (C);

2) any conditions placed upon any party;

3) any orders regarding family finding pursuant to Rule 1149;

4) any orders for placement or temporary care of the child;

5) any findings or orders necessary to ensure the stability and appropriateness of the child's education, and when appropriate, the court shall appoint an educational decision maker pursuant to Rule 1147;

6) any findings or orders necessary to identify, monitor, and address the child's needs concerning health care and disability, if any, and if parental consent cannot be obtained, authorize evaluations and treatment needed; and

7) any orders of visitation.

237 Pa. Code r. 1242

The provisions of this Rule 1242 amended April 21, 2011, effective 7/1/2011, 41 Pa.B. 2319; amended April 29, 2011, effective 7/1/2011, 41 Pa.B. 2413; amended July 13, 2015, effective 10/1/2015, 45 Pa.B. 3987; amended May 16, 2017, effective 7/1/2017, 47 Pa.B. 3078.