Current through Register Vol. 54, No. 44, November 2, 2024
(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);
11 the child has died;
12 a court in another county of this
Commonwealth has accepted jurisdiction; or
13 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.
The 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).
