Current through Register Vol. 54, No. 25, June 22, 2024
Rule 1514 - Dispositional Finding Before Removal from Home(a)Required Findings. Prior to entering a dispositional order removing a child from the home, the court shall state on the record in open court the following specific findings: 1 Continuation of the child in the home would be contrary to the welfare, safety, or health of the child;2 The child's placement is the least restrictive placement that meets the needs of the child, supported by reasons why there is no less restrictive alternative available;3 If the child has a sibling who is subject to removal from the home, whether reasonable efforts were made prior to the placement of the child to place the siblings together or whether such joint placement is contrary to the safety or well-being of the child or sibling;4 The county agency has reasonably satisfied the requirements of Rule 1149 regarding family finding; 5 One of the following: (i) Reasonable efforts were made prior to the placement of the child to prevent or eliminate the need for removal of the child from the home, if the child has remained in the home pending such disposition; or(ii) If preventive services were not offered due to the necessity for emergency placement, whether such lack of services was reasonable under the circumstances; or(iii) If the court previously determined that reasonable efforts were not made to prevent the initial removal of the child from the home, whether reasonable efforts are under way to make it possible for the child to return home; and6 The county agency has provided a permanency plan and services pursuant to 67 Pa.C.S. § 7504.(b)Aggravated Circumstances. If the court has previously found aggravated circumstances to exist and that reasonable efforts to remove the child from the home or to preserve and reunify the family are not required, a finding pursuant to subdivision (a)(5)(i)- (a) (5)(iii) is unnecessary. Amended by Pennsylvania Bulletin, Vol 45, No. 30. July 25, 2015, effective 10/1/2015Amended by Pennsylvania Bulletin, Vol 53, No. 13. April 1, 2023, effective 10/1/2023Committee Explanatory Reports:
Final Report explaining the amendments to Rule 1514 published with the Court's Order at 45 Pa.B. 3987 (July 25, 2015).