Section 1405. Stipulations

A. Agreements. At any time after the filing of a petition, any party may present stipulations or agreements by all parties to the court in writing or orally on the record to any or all of the following:

1) Findings of fact to be deemed admitted by the parties;

2) A statement of the parties’ agreement for placement;

3) A statement of the parties’ agreement for visitation;

4) Time frame within which the stipulation shall be in effect;

5) Time frame within which court shall review compliance; or

6) Any other stipulation or agreement found to be appropriate by the court.

B. Court action. The court shall decide whether to accept the stipulations.

1) Court accepts stipulations.

a) Stipulation to all allegations. If the court accepts the stipulations to all the allegations, the court shall:

i) take additional testimony as necessary to make an independent determination of dependency; and

ii) enter its findings pursuant to Rule 1408 and an adjudication of dependency pursuant to Rule 1409.

b) Stipulations to some allegations or agreements for disposition. If the parties agree to some allegations or placement, visitation, or other disposition resolutions, the court shall hold an adjudicatory hearing as to the remaining contested allegations in the petition pursuant to Rule 1406, followed by its finding on the petition pursuant to Rule 1408 and an adjudication of dependency pursuant to Rule 1409.

2) Court rejects stipulations. If the court rejects the stipulations, the court shall proceed with an adjudicatory hearing pursuant to Rule 1406, followed by its findings on the petition pursuant to Rule 1408 and an adjudication of dependency pursuant to Rule 1409.

Comment

If all parties do not agree to all the allegations in the petition, the court is to hold an adjudicatory hearing as to the remaining allegations pursuant to Rule 1406.

Under paragraph (B)(2), the court may reject the stipulations and proceed to an adjudication of dependency pursuant to Rule 1406.

The court is to make an independent determination that a child is dependent. Before accepting the stipulation the judge is to be satisfied that the facts are credible and solidly based and not the product of speculation as to what the child may do in the future. In re Mark T., 296 Pa. Super. 533, 442 A.2d 1179 (1982). Furthermore, to be accepted by the court, such stipulation is to be joined by all the parties. If accepted by the court, the stipulation has evidentiary value and may be considered alone or in conjunction with other evidence. The judge is to consider all of the evidence presented as well as the relevant law to arrive at a reasoned decision regarding dependency. In re Michael Y., 365 Pa. Super. 488, 530 A.2d 115 (1987). See In re A.S., 406 Pa. Super. 466, 594 A.2d 714 (1991) and 42 Pa.C.S. § 6341.

Official Note

Rule 1405 adopted August 21, 2006, effective February 1, 2007.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1405 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).