237 Pa. Code r. 1409

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

Rule 1409 - Adjudication of Dependency and Court Order

A.Adjudicating the child dependent. Once the court has made its findings under Rule 1408, the court shall enter an order whether the child is dependent.

1)Dependency. If the court finds from clear and convincing evidence that the child is dependent, the court shall proceed to a dispositional hearing under Rule 1512.

2)No dependency. If the court finds the child not to be dependent or the court finds a parent ready, willing, and able to provide proper parental care or control, the court shall:

a) dismiss the petition;

b) order the child to be discharged from custody and any restrictions ordered in the proceedings; and

c) enter an order identifying individual(s) who will have the legal and physical custody until such order is modified by further order of the court.

B.Timing.

1)Child in custody. If a child is removed from the home, the court shall enter an adjudication of dependency within seven days of the adjudicatory hearing and enter its findings pursuant to Rule 1408.

2)Child not in custody. If a child is not removed from the home and if the court fails to enter an order of dependency, the court shall hold a status hearing every thirty days.

C.Court order. The court shall include the following in its court order:

1) A statement pursuant to paragraph (A):

a) as to whether the court finds the child to be dependent from clear and convincing evidence;

b) including the specific factual findings that form the bases of the court's decision;

c) including any legal determinations made; and

2) Any orders directing the removal of a child from the home or change in the current residential status, including:

a) orders as to placement; or

b) visitation; or

c) change in custody; and

3) Any orders as to any aids in disposition that may assist in the preparation of the dispositional hearing, including orders regarding family finding.

237 Pa. Code r. 1409

The provisions of this Rule 1409 amended July 13, 2015, effective 10/1/2015, 45 Pa.B. 3987; amended November 30, 2021, effective 1/1/2022, 51 Pa.B. 7632.