Current through Register Vol. 54, No. 49, December 7, 2024
Rule 1302 - Intercounty TransferA.Best Interest of the Child. Any time after the adjudicatory hearing, upon motion of a party or court, a court may consider the transfer of a case to another county if the transfer is best suited to the safety, protection, and physical, mental, and moral welfare of the child.B.Notice. The court shall serve notice of a hearing upon the parties. The county agency in the proposed receiving county shall receive notice of the hearing and be granted standing to participate in the hearing.C.Hearing. The hearing should be conducted in the transferring county no more than 20 days from the date of the notice in paragraph (B) . The county agency in the proposed receiving county shall be permitted to appear at the hearing utilizing advance communication technology.D.Acceptance of Jurisdiction. If the court in the transferring county finds that a proposed transfer would be in the child's best interest and would result in a transfer between judicial districts: 1) the court shall communicate with the president judge or designee of the receiving judicial district to ascertain whether jurisdiction will be accepted;2) a record of the communication shall be made and served promptly by the court on the parties; and3) upon service of the record of the communication, the parties shall have five days to file written responses with the court regarding the decision to accept jurisdiction.E.Order. 1) An order approving a transfer shall specify an effective date for the transfer no less than ten days from date of the order to allow for the coordination of services and preparation of the official court record for transmission.2) The court shall direct the clerk of courts to serve the order upon the parties, the receiving county agency, and the president judge or designee of the receiving court, if applicable.F.Matters of Cooperation between Courts. Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.G.Receiving Court. On or before the effective date of the order established in paragraph (E)(1), the receiving court shall enter an order: 1) accepting jurisdiction of the case as of the effective date;2) appointing a guardian ad litem and counsel, if necessary;3) directing the clerk of courts to serve the order upon the transferring court, if necessary, the county agencies, the parties, and the transferring county's clerk of courts;4) directing the receiving county agency to conduct a home visit and safety assessment consistent with the requirements of 55 Pa. Code § 3490.401; and5) scheduling a review hearing to occur within 30 days.H.Transmission of Official Court Record. 1) The transferring county's clerk of courts shall inform the clerk of the receiving court of the manner in which certified copies of all documents, reports, and summaries in the child's official court record will be transferred.2) On the effective date of the transfer, the transferring county's clerk of courts shall transmit certified copies of all documents, reports, and summaries in the child's official court record to the clerk of the court of the receiving county.3) The receiving county's clerk of courts shall notify its county agency and the transferring court of its receipt of the official court records.I.County Agencies. The transferring county agency shall continue services until the effective date of the transfer.The provisions of this Rule 1302 amended December 24, 2009, effective immediately, 40 Pa.B. 222; rescinded and replaced April 28, 2020, effective 10/1/2020, 50 Pa.B. 2389.