Section 1331. Service of Petition  


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  • A. Copy. Upon the filing of a petition, a copy of the petition shall be served promptly upon the child, the child’s guardian, the child’s attorney, the guardian’s attorney, the attorney for the county agency, and the county agency.

    B. Method of Service.

    1) Child and guardian. The petition shall be served upon the child and all of the child’s guardians by:

    a) certified mail, return receipt requested and first-class mail; or

    b) delivery in-person.

    2) Attorneys and the county agency. The petition shall be served upon the attorneys and county agency by:

    a) first-class mail;

    b) delivery in-person; or

    c) another agreed upon alternative method.

    C. Proof of service. An affidavit of service shall be filed prior to the adjudicatory hearing.

    Comment

    Under paragraph (B)(1), if a parent is not the child’s custodial guardian, the parent is to also receive service of the petition. See Rule 1120 for definition of ‘‘guardian.’’

    Alternative methods of services that may be utilized under paragraph (B)(2)(c) could be electronic transmission, facsimile, county agency inter-office mail, and other similar methods.

    Official Note

    Rule 1331 adopted August 21, 2006, effective February 1, 2007.

    Committee Explanatory Reports:

    Final Report explaining the provisions of Rule 1331 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).