Section 1701. Motion for Finding of Aggravated Circumstances

A. Dependency Petitions. A motion for finding of aggravated circumstances may be included in a dependency petition pursuant to Rule 1330.

B. Motion for Aggravated Circumstances. If it is determined that aggravated circumstances exist after the filing of the petition, a request for a finding of aggravated circumstances shall be made by motion pursuant to Rule 1344. The motion shall be written.

Comment

See 42 Pa.C.S. § § 6302, 6334(b).

Under paragraph (B), all motions for a finding of aggravated circumstances are to be written. Oral motions under Rule 1344 do not apply to motions for finding of aggravated circumstances.

The aggravated circumstances, as defined by 42 Pa.C.S. § 6302, are to be specifically identified in the motion for finding of aggravated circumstances.

Official Note

Rule 1701 adopted August 21, 2006, effective February 1, 2007.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1701 published with the Court’s Order at 36 Pa.B. 5599 (September 2, 2006).