Section 1705. Adjudication of Aggravated Circumstances

A. Finding after adjudication of dependency. After a finding of dependency pursuant to Rule 1409, the court shall determine if aggravated circumstances exist.

B. Reasonable efforts. If the court finds aggravated circumstances exist, the court shall determine whether reasonable efforts to prevent or eliminate the need for removing the child from the home or to preserve and reunify the family shall be made or continue to be made and the court shall proceed to a dispositional hearing under Rule 1512.

C. Court order. If the court finds that reasonable efforts pursuant to paragraph (B) were made, the court shall include a statement in its order to that effect.

Comment

Under paragraph (A), the court is to find a child dependent before determining if aggravated circumstances exist. See 42 Pa.C.S. § 6341(c.1). The petition may be amended to include aggravated circumstances pursuant to Rule 1330(C).

A statement as to whether reasonable efforts were made under paragraph (B) are to be included in the court order under Rule 1409(C).

Official Note

Rule 1705 adopted August 21, 2006, effective February 1, 2007.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1705 published with the Court’s Order at 36 Pa.B. 5599 (September 2, 2006).