Pennsylvania Code
Title 237 - JUVENILE RULES
Part I - RULES
Subpart B - DEPENDENCY MATTERS
Chapter 14 - ADJUDICATORY HEARING
Rule 1409 - Adjudication of Dependency and Court Order
Universal Citation: 237 PA Code ยง 1409
Current through Register Vol. 54, No. 44, November 2, 2024
A. Adjudicating the child dependent. Once the court has made its findings under Rule 1408, the court shall enter an order whether the child is dependent.
1)
Dependency. If the court
finds from clear and convincing evidence that the child is dependent, the court
shall proceed to a dispositional hearing under Rule 1512.
2)
No dependency. If the
court finds the child not to be dependent or the court finds a parent ready,
willing, and able to provide proper parental care or control, the court shall:
a) dismiss the petition;
b) order the child to be discharged from
custody and any restrictions ordered in the proceedings; and
c) enter an order identifying individual(s)
who will have the legal and physical custody until such order is modified by
further order of the court.
B. Timing.
1)
Child in custody. If a
child is removed from the home, the court shall enter an adjudication of
dependency within seven days of the adjudicatory hearing and enter its findings
pursuant to Rule 1408.
2)
Child not in custody. If a child is not removed from the home
and if the court fails to enter an order of dependency, the court shall hold a
status hearing every thirty days.
C. Court order. The court shall include the following in its court order:
1) A statement pursuant to paragraph (A):
a) as to whether the court finds the child to
be dependent from clear and convincing evidence;
b) including the specific factual findings
that form the bases of the court's decision;
c) including any legal determinations made;
and
2) Any orders
directing the removal of a child from the home or change in the current
residential status, including:
a) orders as to
placement; or
b) visitation;
or
c) change in custody;
and
3) Any orders as to
any aids in disposition that may assist in the preparation of the dispositional
hearing, including orders regarding family finding.
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