Current through Register Vol. 54, No. 25, June 22, 2024
Rule 1631 - Termination of Court Supervision(a)Concluding Supervision. Any party, or the court on its own motion, may move for the termination of supervision when court-ordered services from the county agency are no longer needed and: 1 the child has remained with the guardian and the circumstances which necessitated the dependency adjudication have been alleviated;2 the child has been reunified with the guardian and the circumstances which necessitated the dependency adjudication and placement have been alleviated;3 the child is under 18 years of age and has been placed with a ready, willing, and able parent who was not previously identified by the county agency;4 the child has been adopted and services from the county agency are no longer needed;5 the child has been placed in the custody of a permanent legal custodian and services from the county agency are no longer needed;6 the child has been placed in the physical and legal custody of a fit and willing relative and services from the county agency are no longer needed;7 the child has been placed in another living arrangement intended to be permanent and services from the county agency are no longer needed and a hearing has been held pursuant to subdivision (e) for a child who is age eighteen or older;8 the child has been adjudicated delinquent and services from the county agency are no longer needed because all dependency issues have been resolved;9 the child has been emancipated by the court; 10 the child is 18 years of age or older and a hearing has been held pursuant to subdivision (e);12 a court in another county of this Commonwealth has accepted jurisdiction; or13 a court in another state has accepted jurisdiction.(b)Ready, Willing, and Able Parent. When services from the county agency are no longer necessary because the court has determined that the child is not dependent pursuant to subdivision (a)(3) because a non-custodial parent has been found by the court to be able and available, the court shall enter an order awarding custody to that parent and the court order shall have the effect and be docketed as a decision entered pursuant to the pennsylvania Rules of Civil Procedure.(c)Objection. Any party may object to a motion under subdivision (a) and request a hearing.(d)Hearing. If objections have been made under subdivision (c), the court shall hold a hearing and give each party an opportunity to be heard before the court enters its final order.(e)Children 18 Years of Age or Older. 1 Before the court can terminate its supervision of a child who is 18 years of age or older, a hearing shall be held at least 90 days prior to the child turning 18 years of age.2 Prior to the hearing, the child shall have the opportunity to make decisions about the transition plan and confer with the county agency about the details of the plan. The county agency shall provide the transition plan to the court and the plan shall, at a minimum, include: (i) the specific plans for housing;(ii) a description of the child's source of income;(iii) the specific plans for pursuing educational or vocational training goals;(iv) the child's employment goals and whether the child is employed;(v) a description of the health insurance plan that the child is expected to obtain and any continued health or behavioral health needs of the child;(vi) a description of any available programs that would provide mentors or assistance in establishing positive adult connections;(vii) verification that all vital identification documents and records have been provided to the child;(viii) a description of any other needed support services; (ix) a list, with contact information, of supportive adults and family members; and(x) notice to the child that the child can request resumption of juvenile court jurisdiction until the child turns 21 years of age if specific conditions are met.3 At the hearing, the court shall review the transition plan for the child. If the court is not satisfied that the requirements of subdivision (e)(2) have been met, a subsequent hearing shall be scheduled.4 The court shall not terminate its supervision of the child without approving an appropriate transition plan, unless the child, after an appropriate transition plan has been offered, is unwilling to consent to the supervision and the court determines termination is warranted.(f)Cessation of Services. When all of the above listed requirements have been met, the court may discharge the child from its supervision and close the case. Amended by Pennsylvania Bulletin, Vol 53, No. 13. April 1, 2023, effective 10/1/2023The provisions of this Rule 1631 renumbered from 237 Pa. Code Rule 1613 and amended October 21, 2013, effective December 1, 2013, 43 Pa.B. 6658. Immediately preceding text appears at serial pages (357370) to (357373).