Section 1241. Notification of Shelter Care Hearing

A. Generally. The applicant for the shelter care hearing shall notify the following persons of the date, time, and place of the shelter care hearing:

1) the child;

2) the guardian(s) of the child;

3) the attorney for the child;

4) the attorney(s) for the guardian(s);

5) the attorney for the county agency;

6) the county agency; and

7) any other appropriate person.

B. Counsel. The guardian of the child shall be notified of the right to counsel immediately after a child is taken into protective custody and before a shelter care hearing.

Comment

Notice should be as timely as possible. Because there is a seventy-two hour time restriction, notice may be oral. Every possible attempt to notify all parties is to be made. It is not sufficient to notify only one guardian. All guardians are to be notified. See In re M.L., 562 Pa. 646, 757 A.2d 849 (2000).

The hearing may go forward if a guardian is not present. However, if a guardian has not been notified, a rehearing is to be ordered under Rule 1243 upon submission of an affidavit by the guardian.

The court is to direct the county agency to provide the child’s foster parent, preadoptive parent or relative providing care for the child with timely notice of the hearing. See 42 Pa.C.S. § 6336.1.

If a court appointed special advocate is involved in the case, the court appointed special advocate is to be notified as any other appropriate person pursuant to paragraph (A)(7).

Official Note

Rule 1241 adopted August 21, 2006, effective February 1, 2007.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1241 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).