237 Pa. Code § 1330

Current through Register Vol. 54, No. 25, June 22, 2024

Rule 1330 - Petition: Filing, Contents, Function, Aggravated Circumstances

A.Filings.

1) A dependency petition may be filed at any time; however, if a child is taken into custody, the requirements of paragraph (A)(2) shall be met.

2) Within twenty-four hours of the shelter care hearing, the county agency shall file a dependency petition with the clerk of courts when:

a) the child remains in protective custody pursuant to Rule 1201, 1202 or 1210; or

b) the child is not in protective custody but it is determined at a shelter care hearing pursuant to Rule 1242 that the filing of a dependency petition is appropriate.

B.Petition contents. Every petition shall set forth plainly:

1) the name of the petitioner;

2) the name, date of birth, and address of the child, if known;

3) the name and address of the child's guardian, or if unknown, the name and address of the nearest adult relative;

4) if a child is Native American, the child's Native American history or affiliation with a tribe;

5) a statement that:

a) it is in the best interest of the child and the public that the proceedings be brought;

b) the child is or is not currently under the supervision of the county agency;

6) a statement detailing family finding efforts and, if the county agency is seeking placement:

a) the reasonable efforts made to prevent placement; and

b) why there are no less restrictive alternatives available;

7) a concise statement of facts in support of the allegations for which the petition has been filed;

a) facts for each allegation shall be set forth separately;

b) the relevant statute or code section shall be set forth specifically for each allegation;

8) a verification by the petitioner that the facts set forth in the petition are true and correct to the petitioner's personal knowledge, information, or belief, and that any false statements are subject to the penalties of the Crimes Code, 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities;

9) the signature of the petitioner and the date of the execution of the petition; and

10) the whereabouts of the child unless disclosure is prohibited by court order and if taken into custody, the date and time thereof.

C.Aggravated circumstances. A motion for finding of aggravated circumstances may be brought in the petition pursuant to Rule 1701(A) .

237 Pa. Code § 1330

The provisions of this Rule 1330 amended July 13, 2015, effective 10/1/2015, 45 Pa.B. 3987; amended November 30, 2021, effective 1/1/2022, 51 Pa.B. 7632.