Pennsylvania Code
Title 237 - JUVENILE RULES
Part I - RULES
Subpart B - DEPENDENCY MATTERS
Chapter 12 - COMMENCEMENT OF PROCEEDINGS, EMERGENCY, CUSTODY, AND PRE-ADJUDICATORY PLACEMENT
Part A(1) - COMMENCING PROCEEDINGS
Rule 1202 - Procedures for Protective Custody by a Police Officer, Juvenile Probation Officer, and County Agency
Universal Citation: 237 PA Code ยง 1202
Current through Register Vol. 54, No. 44, November 2, 2024
A. Protective custody.
1)
No court order.
a) A police
officer or a juvenile probation officer may take a child into protective
custody pursuant to Rule 1200 if there are reasonable grounds to believe that
the child is suffering from illness or injury or is in imminent danger from the
surroundings and removal is necessary.
b) Without unnecessary delay, but no more
than twenty-four hours after a child is taken into custody, an application for
a protective custody order shall be made to provide temporary emergency
supervision of a child pending a hearing pursuant to Rule 1242. The president
judge of each judicial district shall ensure that a judge is available
twenty-four hours a day, every day of the year to accept and decide actions
brought by the county agency within the twenty-four hour period.
2)
Court order.
a) A police officer, juvenile probation
officers or county agency may obtain a protective custody order removing a
child from the home pursuant to Rule 1210 if the court finds that remaining in
the home is contrary to the welfare and the best interests of the
child.
b) Pursuant to
23 Pa.C.S. §
6315 and
after a court order, the county agency shall take the child into protective
custody for protection from abuse. No county agency may take custody of the
child without judicial authorization based on the merits of the
situation.
B. Notice.
1) In all cases, the
person taking the child into custody immediately shall notify the guardian and
the county agency of:
a) the whereabouts of
the child, unless disclosure is prohibited by court order; and
b) the reasons for taking the child into
custody.
2)
Notice may be oral. The notice shall be reduced to writing
within twenty-four hours.
C. Placement. A child shall be placed in an appropriate shelter care facility or receive other appropriate care pending a shelter care hearing pursuant to Rule 1242.
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