23 Pa. C.S. § 5622

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 5622 - Petition for approval of designation

(a)General rule.--Except as provided in subsection (b), a petition for court approval of a designation under this chapter may be made when an individual who is a custodial parent of a minor has entered a rehabilitation facility for treatment of a drug or alcohol addiction or has been subject to emergency medical intervention due to abuse of drugs or alcohol by filing with the court a copy of the designation.

(b) Exception where designation has not been entered.--If a custodial parent has been subject to emergency medical intervention due to abuse of drugs or alcohol and a written designation has not been executed, a family member shall petition the court to hold a hearing to be designated temporary guardian. The petition, which shall require the notarized signature of the petitioner, shall be provided by the court in the following form:

Petition for temporary guardianship without consent of parent

I,....................................................... (Insert name, address and telephone number of family member petitioning for temporary guardianship and relationship to minor), hereby declare my intent to be appointed temporary guardian of................................................ (Insert name(s), address(es) and telephone number(s) of minor(s) for whom the appointment of temporary guardian is being sought) as a result of emergency medical intervention resulting from abuse of drugs or alcohol by.......................................... (Insert name, address and telephone number), father/mother to...................................... (Insert name(s) of minor(s)), on........................... (Insert approximate date of the event).

I have notified the child(ren)'s other parent,.............................................................. (Insert name, address and telephone number), of my intent to petition this court for temporary guardianship.

I understand that filing this petition does not revoke the parental rights of the minor's parent(s) nor does it grant me any parental rights.

I understand that my rights and responsibilities as a temporary guardian toward the minor child(ren) named above will become effective upon the completion of a hearing and rendering of a decision by the court.

I understand that filing fees and other costs associated with these proceedings may be waived if i demonstrate the fees and other costs would constitute a financial burden to me and my family.

I hereby swear or affirm that the information contained herein is true and correct to the best of my knowledge.

.......................................................

(Date) (Signature of petitioner)

(c) Notice.--

(1) The court shall notify a person named in the designation within 10 days of the filing of the petition and of any hearing on the petition.

(2) If a designation has not been executed, the petitioner shall notify the custodial parent or parents, noncustodial parent or adoptive parent within 10 days of the filing of the petition and of any hearing on the petition.

(3) If the petition alleges that a noncustodial parent cannot be located, that parent shall be notified in accordance with the notice provisions of the Pennsylvania Rules of Civil Procedure in custody matters. No notice is necessary to a parent whose parental rights have previously been terminated or relinquished.

(d)Jurisdiction.--For purposes of determining jurisdiction under this chapter, the provisions of Chapter 54 (relating to uniform child custody jurisdiction and enforcement) shall apply.

(e)Presumptions.--In a proceeding for judicial appointment of a temporary guardian, a designation shall constitute a rebuttable presumption that the designated temporary guardian is capable of serving as coguardian or guardian. When the designator is the sole surviving parent and when the parental rights of any noncustodial parent have been terminated or relinquished or when all parties consent to the designation there shall be a rebuttable presumption that entry of the approval order is in the best interest of the child. In any case, if the court finds entry of the approval order to be in the best interests of the child, the court shall enter an order approving the designation petition.

(f) Approval without hearing.--Approval of the designation without a hearing is permitted when the designator is the sole surviving parent, when the parental rights of a noncustodial parent have been terminated or relinquished or when all parties consent to entry of the approval order.

(g)Hearing.--If a hearing is required, it shall be conducted in accordance with the proceedings under Chapters 53 (relating to child custody) and 54.

(h)Court appearance.--If a designation has not been executed and a petition for temporary guardianship has been filed with the court by a family member, the custodial parent and noncustodial parent or adoptive parent shall appear in court in order to consent to or oppose the designation. If notice has been given under subsection (c)(3) and a noncustodial parent does not appear in court, it is presumed that consent to the designation has been granted.

(i)Costs.--A court may waive filing fees and other costs upon application when the petitioner demonstrates the fees and other costs would constitute a financial burden upon the petitioner and the petitioner's family. There shall be a presumption of a financial burden if the income from all sources of the petitioner is less than 300% of the poverty level set by the Federal Government.

23 Pa.C.S. § 5622

Added by P.L. TBD 2018 No. 88, § 4, eff. 12/24/2018.