Section 1611. Permanency Hearing Orders for Children over Eighteen

A. Court order. After every permanency hearing for children over the age of eighteen, the court shall issue a written order, which provides whether the transition plan is best suited to the safety, protection, and physical, mental, and moral welfare of the child.

B. Determinations made. The court’s order shall reflect the determinations made pursuant to Rule 1610(D).

C. Orders on family finding.

1) The court order shall indicate whether family finding efforts made by the county agency were reasonable;

2) If the family finding efforts were not reasonable, the court shall order the county agency to engage in family finding prior to the next permanency hearing;

D. Orders concerning education. The court’s order shall address the stability and appropriateness of the child’s education, if applicable, including whether an educational decision maker is appropriate.

E. Orders concerning health care and disability.

1) The court’s order shall identify, monitor, and address the child’s needs concerning health care and disability; and

2) The court’s orders may authorize evaluations and treatment.

Comment

When issuing a permanency order, the court should issue an order that is ‘‘best suited to the safety, protection, and physical, mental, and moral welfare of the child.’’ 42 Pa.C.S. § 6351(a). See In re S.J., 906 A.2d 547, 551 (Pa. Super. Ct. 2006) (citing In re Tameka M., 525 Pa. 348, 580 A.2d 750 (1990)), for issues addressing a child’s mental and moral welfare.

Pursuant to paragraph (C), when making its determination for reasonable efforts made by the county agency, the court is to consider the extent to which the county agency has fulfilled its obligation pursuant to Rule 1149 regarding family finding. See also Rules 1240(B)(6), 1242(C)(2) & (3)(b) & (c), and 1330(B)(6) and Comments to Rules 1242, 1330, 1409, 1515, 1608, 1609, and 1610 for reasonable efforts determinations.

If the requirements of Rule 1149 regarding family finding have not been met, the court is to make necessary orders to ensure compliance by enforcing this legislative mandate. See 62 P. S. § 1301 et seq. See also Rules 1210(D)(8), 1242(E)(3), and 1409(C) and Comments to Rules 1242, 1408, 1409, 1512, 1514, 1515, 1608, 1609, and 1610.

Pursuant to paragraph (D), the court’s order is to address the child’s educational stability, including the right to an educational decision maker. The intent of this paragraph is to ensure that the inquiry regarding the appointment of an educational decision maker is considered. Federal and state law requires educational decision makers until the age of twenty-one if an educational decision maker is necessary. See Comment to Rule 1609(E) and 34 C.F.R. § 300.320(c).

Pursuant to paragraph (E), the court’s order is to address the child’s needs concerning health care and disability. See Comment to Rule 1609(F).

Official Note

Adopted October 21, 2013, effective December 1, 2013. Amended July 13, 2015, effective October 1, 2015.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1611 published with the Court’s Order at 43 Pa.B. 6658 (November 9, 2013).

Final Report explaining the amendments to Rule 1611 published with the Court’s Order at 45 Pa.B. 3987 (July 25, 2015).

The provisions of this Rule 1611 adopted October 21, 2013, effective December 1, 2013, 43 Pa.B. 6658; amended July 13, 2015, effective October 1, 2015, 45 Pa.B. 3987. Immediately preceding text appears at serial page (369690).