Title 237—JUVENILE RULES PART I. RULES [ 237 PA. CODE CHS. 1 AND 11 ] Proposed Amendment of Pa.R.J.C.P. 100 and 1100, and New Pa.R.J.C.P. 1107 and 1109 [46 Pa.B. 555]
[Saturday, January 30, 2016]The Juvenile Court Procedural Rules Committee is planning to propose to the Supreme Court of Pennsylvania the amendment of Pa.R.J.C.P. 100 and 1100, and New Pa.R.J.C.P. 1107 and 1109 governing the investigations of child abuse or neglect cases for the reasons set forth in the accompanying explanatory report. Pursuant to Pa.R.J.A. No. 103(a)(1), the proposal is being published in the Pennsylvania Bulletin for comments, suggestions, or objections prior to submission to the Supreme Court.
Any reports, notes, or comments in the proposal have been inserted by the Committee for the convenience of those using the rules. They neither will constitute a part of the rules nor will be officially adopted by the Supreme Court.
Additions to the text of the proposal are bolded; deletions to the text are bolded and bracketed.
The Committee invites all interested persons to submit comments, suggestions, or objections in writing to:
Daniel A. Durst, Chief Counsel
Juvenile Court Procedural Rules Committee
Supreme Court of Pennsylvania
Pennsylvania Judicial Center
PO Box 62635
Harrisburg, PA 17106-2635
FAX: 717-231-9541
juvenilerules@pacourts.usAll communications in reference to the proposal should be received by March 1, 2016. E-mail is the preferred method for submitting comments, suggestions, or objections; any e-mailed submission need not be reproduced and resubmitted via mail. The Committee will acknowledge receipt of all submissions.
By the Juvenile Court
Procedural Rules CommitteeKERITH STRANO TAYLOR, Esq.,
ChairAnnex A TITLE 237. JUVENILE RULES PART I. RULES Subpart A. DELINQUENCY MATTERS CHAPTER 1. GENERAL PROVISIONS Rule 100. Scope of Rules.
A. These rules shall govern delinquency proceedings in all courts. Unless otherwise specifically provided, these rules shall not apply to domestic relations proceedings and dependency proceedings.
B. Each of the courts exercising juvenile jurisdiction, as provided in the Juvenile Act, 42 Pa.C.S. § 6301 et seq. or the Child Protective Services Law, 23 Pa.C.S. § 6301 et seq., may adopt local rules of procedure in accordance with Rule 121.
Comment The Pennsylvania Rules of Juvenile Court Procedure are split into two categories: delinquency matters and dependency matters. All delinquency matters are governed by Chapters One through [Ten] Eight Rules 100—[1099] 899). All dependency matters are governed by Chapters Eleven through [Twenty] Eighteen (Rules 1100—[2099] 1899).
These rules govern proceedings when the Juvenile Act or Child Protective Services Law vests jurisdiction in the Juvenile Court. See 42 Pa.C.S. §§ 6321 and 6302 and 23 Pa.C.S. § 6301 et seq. These rules do not govern summary offense proceedings unless: 1) the summary offense(s) was committed with a delinquent act, as defined by 42 Pa.C.S. § 6302, during the same episode or transaction, as provided in 42 Pa.C.S. § 6303(a)(5), and has been properly alleged in a delinquency petition; or 2) a juvenile has failed to comply with a lawful sentence imposed for the summary offense(s), as provided in 42 Pa.C.S. § 6302.
Unless specifically provided in these rules, the Pennsylvania Rules of Civil Procedure and the Pennsylvania Rules of Criminal Procedure do not apply to delinquency proceedings commenced pursuant to Rule 200 and 42 Pa.C.S. § 6301 et seq.
The Rules of Criminal Procedure apply in cases involving juveniles in summary and court cases, as defined by Pa.R.Crim.P. 103, to the extent that the Juvenile Act does not apply to these proceedings. See, e.g., Pa.R.Crim.P. 100 and 400. See also 42 Pa.C.S. §§ 6302 and 6303.
Each judicial district may promulgate local rules that follow the requirements of Rule 121 [and Pa.R.J.A. 103].
Official Note: Rule 100 adopted April 1, 2005, effective October 1, 2005. Amended May, 12, 2008, effective immediately. Amended , 2016, effective , 2016.
Committee Explanatory Reports:
Final Report explaining the amendments to Rule 100 published with the Court's Order at 38 Pa.B. 2360 (May 24, 2008).
Final Report explaining the amendments to Rule 100 published with the Court's Order at Pa.B. ( , 2016).
Subpart B. DEPENDENCY MATTERS CHAPTER 11. GENERAL PROVISIONS Rule 1100. Scope of Rules.
A. These rules shall govern dependency proceedings in all courts. Unless otherwise specifically provided, these rules shall not apply to orphans' court, domestic relations, and delinquency proceedings.
B. Each of the courts exercising dependency jurisdiction, as provided in the Juvenile Act, 42 Pa.C.S. § 6301 et seq. or the Child Protective Services Law, 23 Pa.C.S. § 6301 et seq., may adopt local rules of procedure in accordance with Rule 1121.
Comment The Pennsylvania Rules of Juvenile Court Procedure are split into two categories: delinquency matters and dependency matters. All delinquency matters are governed by Chapters One through [Ten] Eight (Rules 100—[1099] 899). All dependency matters are governed by Chapters Eleven through [Twenty] Eighteen (Rules 1100—[2099] 1899).
Unless specifically provided in these rules, the Pennsylvania Rules of Civil Procedure and the Pennsylvania Rules of Criminal Procedure do not apply to dependency proceedings commenced pursuant to Rule 1200 and 42 Pa.C.S. § 6301 et seq.
These rules govern proceedings when the Juvenile Act or Child Protective Services Law vests jurisdiction in the Court of Common Pleas. See 42 Pa.C.S. §§ 6321 and 6302 and 23 Pa.C.S. § 6301 et seq.
Each judicial district may promulgate local rules that follow the requirements of Rule 1121 [and Pa.R.J.A. 103].
Official Note: Rule 1100 adopted August 21, 2006, effective February 1, 2007. Amended May 12, 2008, effective immediately. Amended , 2016, effective , 2016.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1100 published with the Court's Order at 36 Pa.B. 5571 (September 2, 2006).
Final Report explaining the amendments to Rule 1100 published with the Court's Order at 38 Pa.B. 2360 (May 24, 2008).
Final Report explaining the amendments to Rule 1100 published with the Court's Order at Pa.B. ( , 2016).
PART A(1). INVESTIGATIONS Rule
1107. Application for Investigatory Access Order in Child Abuse or Neglect Cases. 1109. Order Compelling Access to Child. (Editor's Note: Rules 1107 and 1109 are new and printed in regular type to enhance readability.)
Rule 1107. Application for Investigatory Access Order in Child Abuse or Neglect Cases.
A. Investigating Child Abuse or Neglect. When investigating whether a child is at risk of abuse or neglect pursuant to the Child Protective Services Law, 23 Pa.C.S. § 6301 et seq., a law enforcement officer or county agency may apply to the court for access to a child and for other necessary orders when the guardian denies access to the child or refuses to cooperate in an investigation.
B. Application. An application for an access or other necessary order, supported by a written affidavit(s) signed and sworn to or affirmed, shall be presented to court averring:
1) the name, title, address, and contact phone number of the affiant;
2) the department, office, or agency of the affiant;
3) the identity, all known information, or description of the child at risk of abuse or neglect, including name, age, and guardian's name(s);
4) the address where the child at risk is currently located;
5) the facts and circumstances that form the bases for the affiant's conclusion that there is probable cause to believe that the child is at risk of abuse or neglect;
6) the facts and circumstances explaining the prior attempt(s) made by the affiant to access the child and investigate the facts and circumstances, including the specific denial of access to the child by the child's guardian(s), who is refusing to cooperate in the investigation;
7) specific facts alleging good cause for the need of an extended time period if a specific time period of more than forty-eight hours is requested; and
8) any other pertinent information.
Comment When there is not enough information to take a child into protective custody but there are allegations of abuse or neglect, the county agency must investigate those allegations. See 23 Pa.C.S. § 6303 and 6334.1 and 42 Pa.C.S. § 6324(3). The scope and duration of the investigatory access or other necessary order(s) should be limited to obtaining access to the child or compelling cooperation from the guardian(s) for only the investigation of whether the child is at risk of abuse or neglect.
Official Note: Rule 1107 adopted , 2016, effective , 2016.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1107 published with the Court's Order at Pa.B. ( , 2016).
Rule 1109. Order Compelling Access to Child.
A. Order. After submission of an application pursuant to Rule 1107 and upon a finding of probable cause that a child is at risk of abuse or neglect, the court may issue an order compelling access to the child and any other orders necessary as warranted by the specific facts of the case.
B. Order Time limit. This order shall expire upon accomplishment of the relief ordered however no later than forty-eight hours unless otherwise ordered by the court for good cause shown.
C. Accompaniment by Law Enforcement. A county agency worker may be accompanied by a law enforcement officer to the premises when executing an order to secure entry and enforcement of the order.
Comment While executing an order for access to a child or other necessary orders, the county agency caseworker may discover the need for an emergency custody order or the law enforcement officer may take the child into protective custody pursuant to Rule 1202 and 42 Pa.C.S. § 6324. Once a child has been taken into protective custody, a dependency proceeding pursuant to these Rules should be commenced. See Rule 1200 and 42 Pa.C.S. §§ 6321 and 6324.
Proceedings under this rule are ex parte and notice and opportunity to be heard prior to execution of the court's order are not required. Upon executing the order, a copy of the application and order should be provided to the party.
Official Note: Rule 1109 adopted , 2016, effective , 2016.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1109 published with the Court's Order at Pa.B. ( , 2016).
PART [A] A(2). BUSINESS OF COURTS * * * * * REPORT Proposed Amendment of Pa.R.J.C.P. 100 and 1100, and New Pa.R.J.C.P. 1107 and 1109 The Juvenile Court Procedural Rules Committee proposes to amend Rule 100 and 1100 to include reference to the Child Protective Services Law, 23 Pa.C.S. § 6301 et seq. The Committee also proposes new rules to establish procedures for obtaining access to a child or other information for the purpose of investigating whether a child is at risk of abuse or neglect.
The Committee received anecdotal reports of county agencies obtaining court orders for access to children and other information for purposes to investigate child abuse or neglect claims in the absence of a dependency petition. See also In re Appeal of R.G. & S.G., 875 A.2d 365 (Pa. Super. 2005); 55 Pa. Code § 3490.73(2). The Committee subsequently surveyed courts to gain a greater understanding and the results indicated a wide variation in this practice. Accordingly, the Committee proposes procedural rules to provide more uniformity across the state in this practice.
The first aspect of this proposal is to expand the scope of the Rules of Juvenile Court Procedure to include the Child Protective Services Law. This change is intended to alert users and to provide a reference to that body of substantive law. As indicated in practice, juvenile courts are already exercising jurisdiction over these types of proceedings.
The second aspect of this proposal is the contents of the application and order to obtain access to the child or other information. The Committee acknowledges that time is of the essence when investing abuse and neglect matters; therefore, proposed Rule 1107 does not contain a service provision. It is anticipated that these proceedings will be held ex parte on an expedited basis.
Given the ex parte aspect of these proceedings, the rules are intended to limit the scope and duration of the orders to that which is only necessary to investigate whether a child is at risk of abuse or neglect. Such orders should not be effective for more than 48 hours unless otherwise ordered or for good cause shown. Nor should the orders grant greater access than necessary to further the investigation.
The Committee invites all comments, concerns, and suggestions regarding this rulemaking proposal.
[Pa.B. Doc. No. 16-150. Filed for public inspection January 29, 2016, 9:00 a.m.]
