Current through Register Vol. 54, No. 44, November 2, 2024
(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; and
6 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.
Final Report explaining the amendments
to Rule 1514 published with the Court's Order at 45 Pa.B. 3987 (July 25,
2015).
