Section 1606. Modification of Dependent Child’s Placement

A. County agency’s duties.

1) Emergencies.

a) Only in an emergency when a judge cannot be reached, a child may be placed temporarily in a shelter care facility or other appropriate care.

b) The county agency immediately shall notify the court and all parties of any change made due to the emergency.

c) The county agency shall file a motion or stipulation for modification of the dispositional order by the next business day of the child’s placement in a shelter care facility or other appropriate care.

2) Non-emergent cases. In all other cases, the county agency shall seek approval of the court for a change in the child’s placement prior to the removal of the child from the placement by the filing of a motion or a stipulation for modification of the dispositional order.

B. Contents of the motion. The motion for modification of the dispositional order shall include:

1) the specific reasons for the necessity of change to the order;

2) the proposed placement;

3) the current location of the child;

4) the manner in which any educational, health care, and disability needs of the child will be addressed;

5) an averment as to whether each party concurs or objects to the proposal, including the child’s wishes if ascertainable; and

6) the signatures of all the parties.

C. Objections. If a party objects to proposed modification of the dispositional order, the objections shall be filed no later than three days after the filing of the motion for modification of the child’s placement.

D. Court’s duties. Once the county agency has requested approval from the court to modify a child’s placement or after an emergency change in placement has already taken place, the court may:

1) schedule a prompt hearing to determine whether there will be a modification of the child’s placement;

2) enter an appropriate order to modify the child’s placement; or

3) enter an order denying the motion.

Comment

This rule is intended to address changes in the child’s placement. Brief temporary removals for hospitalization, respite situations, visitations, or other matters when a child will be returned to the same placement are not covered under this rule.

Pursuant to paragraph (A)(1), if there must be a change in the placement of the child due to an emergent situation, the county agency may temporarily place a child in a shelter-care facility or other appropriate care pending the filing of a motion for modification of the dispositional order. The county agency immediately is to notify the court and all parties of the change made and file a motion or stipulation by the next business day.

Pursuant to paragraph (A)(2), in all other cases, the court is to make a decision prior to the child being removed from the placement. Stability for the child is critical. Multiple placements can add to a child’s trauma. A child should not be shuffled from home to home out of convenience for a foster parent, relative, or other person caring for the child.

Official Note

Rule 1606 adopted April 29, 2011, effective July 1, 2011.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1606 published with the Court’s Order at 41 Pa.B. 2430 (May 14, 2011).

The provisions of this Rule 1606 adopted April 29, 2011, effective July 1, 2011, 41 Pa.B. 2430.