Current through Register Vol. 54, No. 44, November 2, 2024
A.
Guardian ad litem for
child. The court shall assign a guardian ad litem to
represent the legal interests and the best interests of the child if a
proceeding has been commenced pursuant to Rule 1200 alleging a child to be
dependent who:
1) is without proper parental
care or control, subsistence, education as required by law, or other care or
control necessary for the physical, mental or emotional health, or
morals;
2) has been placed for care
or adoption in violation of law;
3)
has been abandoned by parents, guardian, or other custodian;
4) is without a parent, guardian or legal
custodian; or
5) is born to a
parent whose parental rights with regard to another child have been
involuntarily terminated under
23 Pa.C.S. §
2511
(relating to grounds for involuntary termination) within three years
immediately preceding the date of birth of the child and conduct of the parent
poses a risk to the health, safety, or welfare of the
child.
B.
Counsel
for child. The court shall appoint legal counsel for a child:
1) if a proceeding has been commenced
pursuant to Rule 1200 alleging a child to be dependent who:
a) while subject to compulsory school
attendance is habitually and without justification truant from
school;
b) has committed a specific
act or acts of habitual disobedience of the reasonable and lawful commands of
the child's guardian and who is ungovernable and found to be in need of care,
treatment, or supervision;
c) is
under the age of ten years and has committed a delinquent act;
d) has been formerly adjudicated dependent,
and is under the jurisdiction of the court, subject to its conditions or
placements and who commits an act which is defined as ungovernable in paragraph
(B)(1)(b);
e) has been referred
pursuant to section 6323 (relating to informal adjustment), and who commits an
act which is defined as ungovernable in paragraph (B)(1)(b); or
f) has filed a motion for resumption of
jurisdiction pursuant to Rule 1634; or
2) upon order of the court.
C.
Counsel and Guardian ad
litem for child. If a child has legal counsel and a guardian
ad litem, counsel shall represent the legal interests of the
child and the guardian ad litem shall represent the best
interests of the child.
D.
Time of appointment.
1)
Child in custody. The court shall appoint a guardian
ad litem or legal counsel immediately after a child is taken
into protective custody and prior to any proceeding.
2)
Child not in custody. If
the child is not in custody, the court shall appoint a guardian ad
litem or legal counsel for the child when a dependency petition is
filed.
E.
Counsel
for other parties. If counsel does not enter an appearance for a
party, the court shall inform the party of the right to counsel prior to any
proceeding. If counsel is requested by a party in any case, the court shall
assign counsel for the party if the party is without financial resources or
otherwise unable to employ counsel. Counsel shall be appointed prior to the
first court proceeding.
