Section 3130.72. Dispositional review hearings

(a) Except as provided in subsection (d), the county agency shall petition the court to conduct a dispositional review hearing under 42 Pa.C.S. § § 6301—6365 (relating to the Juvenile Act) or 23 Pa.C.S. Part III (relating to the Adoption Act) at the same time the county agency petitions the court to conduct a placement review under § 3130.71(1) (relating to placement reviews).

(b) A petition for a dispositional review hearing filed by the county agency shall request the court to determine whether the child should be:

(1) Returned to the parents.

(2) Continued in foster care for a specified period.

(3) Placed for adoption.

(4) Continued in foster care on a permanent or long-term basis because of the child’s special needs and circumstances.

(5) Prepared for transition to independent living, if 16 years of age or older.

(c) The county agency may petition the court for a dispositional review prior to the regularly scheduled reviews.

(d) The county agency is not required to petition the court for a dispositional review hearing under subsection (a) if:

(1) The child is placed in a permanent foster family home with a specific caregiver under a court order.

(2) The child is legally free for adoption and is placed in an adoptive home pending finalization of the adoption.

(e) If a child in placement under the case management responsibility of the county agency has not received a dispositional review hearing within 18 months of the child’s date of placement, the county agency shall notify the Department in writing of this situation within 10 calendar days from the date the hearing was due.

The provisions of this § 3130.72 amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 392; amended December 14, 1990, effective December 15, 1990, 20 Pa.B. 6175. Immediately preceding text appears at serial pages (141282), (124187) and (121441).

Notation

Authority

The provisions of this § 3130.72 amended under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § § 201—211, 701—774, 901—922 and 1001—1080); 42 Pa.C.S. § § 6301—6365; and section 405 of the act of June 24, 1937 (P. L. 2017, No. 396) (62 P. S. § 2305).

Notes of Decisions

Jurisdiction

Under the regulations governing the Department’s placement responsibilities, it is taken for granted that jurisdiction over agency’s placement goal is with the juvenile division of the court. Conklin v. Department of Public Welfare, 522 A.2d 1207 (Pa. Commw. 1987).

Periodic Review

A periodic dispositional review hearing is required for dependent children until they are placed in foster care or in an adoptive home. In re Interest of M.L.E., 632 A.2d 329 (Pa. Super. 1993).

Petition

At the same time that an agency petitions the court to conduct a placement review, it must petition the court to conduct a dispositional review hearing. In re Adoption of Crystal D.R., 480 A.2d 1146 (Pa. Super. 1984).

Cross References

This section cited in 55 Pa. Code § 3130.31 (relating to responsibilities of the county agency); 55 Pa. Code § 3130.43 (relating to family case records); and 55 Pa. Code § 3130.67 (relating to placement planning).