Section 1321. Hearing on Application for Private Petition

A. Hearing. The court shall conduct a hearing within fourteen days of the presentation of the application for a petition to determine:

1) if there are sufficient facts alleged to support a petition of dependency; and

2) whether the person applying for the petition is a proper party to the proceedings.

B. Findings.

1) If the court finds sufficient facts to support a petition of dependency, a petition may be filed pursuant to Rule 1330.

2) If the court finds the person making the application for a petition is a proper party to the proceedings, the person shall be afforded all rights and privileges given to a party pursuant to law.

Comment

Under paragraph (A), at a hearing, the court is to determine if: 1) there are sufficient facts alleged to support a petition of dependency; and 2) the applying person is a proper party to the proceedings. A petition of dependency may go forward whether or not the applying person is determined to be a party to the proceedings.

If a child is in custody, the hearing under paragraph (A) may be combined with the shelter care hearing pursuant to Rule 1242.

Official Note

Rule 1321 adopted August 21, 2006, effective February 1, 2007.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1321 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).