237 Pa. Code r. 1512

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

Rule 1512 - Dispositional Hearing

A.Manner of hearing. The court shall conduct the dispositional hearing in an informal but orderly manner.

1)Evidence. The court shall receive any oral or written evidence which is helpful in determining disposition, including evidence that was not admissible at the adjudicatory hearing.

2)Opportunity to be heard. Before deciding disposition, the court shall give the parent, child's foster parent, preadoptive parent, relative providing care for the child and court appointed special advocate, if assigned, an opportunity to make a statement.

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

B.Recording. The dispositional hearing shall be recorded.

C.Duties of the court. The court shall determine on the record whether the parties have been advised of the following:

1) The right to file an appeal;

2) The time limits for an appeal; and

3) The right to counsel to prepare the appeal.

D.Court's findings. The court shall enter its findings and conclusions of law into the record and enter an order pursuant to Rule 1515.

1) On the record in open court, the court shall state:

a) its disposition;

b) The reasons for its disposition;

c) The terms, conditions, and limitations of the disposition;

d) The name of any person or the name, type, category, or class of agency, licensed organization, or institution that shall provide care, shelter, and supervision of the child;

e) whether any evaluations, tests, counseling, or treatments are necessary;

f) The permanency plan for the child;

g) the services necessary to achieve the permanency plan;

h) whether the county agency has reasonably satisfied the requirement of Rule 1149 regarding family finding, and if not, the findings and conclusions of the court on why the requirements have not been met by the county agency;

i) any findings 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;

j) any findings 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

k) a visitation schedule, including any limitations.

2) The court shall state on the record in open court or enter into the record through the dispositional order, findings pursuant to Rule 1514, if the child is placed.

237 Pa. Code r. 1512

The provisions of this Rule 1512 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 April 6, 2017, effective 9/1/2017, 47 Pa.B. 2313; amended November 30, 2021, effective 1/1/2022, 51 Pa.B. 7632.