* * * 
The definition of “family finding” is derived from 67 Pa.C.S. § [3102] 7502.  
 

ee  also  67  Pa.C.S.  §§  [3101]  7501  et  seq.  and  42  U.S.C.  §  675  (Fostering 

Connections) to comply with state and federal regulations.   

  S

Rule 1120.  Definitions. 
 

Comment: 

 

* * * 
 

* * * 

* * * 

 

     

 

Rule 1149.  Family Finding. 

A.  Court’s inquiry and determination.   
 

1)  The court shall inquire as to the efforts made by the county agency to comply 
with the family finding requirements pursuant to 67 Pa.C.S. §§ [3101] 7501 et 
seq.   

  
See 67 Pa.C.S.  §  [3101]  7501 for legislative  intent  regarding family  finding  and 

promotion of kinship care.   

amily finding is required for every child when a child is accepted for services by 
the county agency.  See 67 Pa.C.S. § [3103] 7503.  It is best practice to find as many kin 
as possible for each child.  These kin may help with care or support for the child.  The 
county agency should ask the guardian, the child, and siblings about relatives or other 
adults in the child’s life, including key supporters of the child or guardians.   

* * * 

 

 

* * * 

* * * 

2 

 

  F

omment: 

  C

 

 

Pursuant to [paragraph] subdivision (7), the guardian ad litem is to make specific 
recommendations  to  the  court  regarding  the  appropriateness  of  the  child’s  placement, 
giving consideration to the proximity and appropriateness of the child’s school.  See 42 
Pa.C.S.  § 6311(b)(7)  and  42  U.S.C.  § 675(1)(G).    Inquiries  into  the  child’s  education 
should  include  the  right  to:  1)  educational  stability,  including  the  right  to  remain  in  the 
same school regardless of a change in placement when in the child’s best interest and 
the right to immediate enrollment when a school change is in the child’s best interest, 42 
U.S.C.  §§ 675(1)(G)  and  11431 et  seq.;  2)  an  educational  decision  maker  pursuant  to 
Rule 1147, 42 Pa.C.S. § 6301, 20 U.S.C. § 1439(a)(5), and 34 C.F.R. § 300.519; 3) an 
appropriate education, including any necessary special education, early intervention, or 
remedial  services,  24  P.S.  §§ 13-1371  and  13-1372,  55  Pa.  Code  § 3130.87,  and  20 
U.S.C.  §§ 1400 et  seq.;  4)  the  educational  services  necessary  to  support  the  child’s 
transition to [independent living] successful adulthood, 42 Pa.C.S. § 6351 if a child is 
[sixteen]  14  or  older;  and  5)  a  transition  plan  that  addresses  the  child’s  educational 
needs, 42 U.S.C. § 675(5)(H), if the child will age out of care in the next [ninety] 90 days. 

[Official  Note:    Rule  1154  adopted  August  21,  2006,  effective  February  1,  2007.  
Amended  April 29, 2011, effective July 1, 2011.   Amended April 6, 2017, effective 
September 1, 2017. 

Committee Explanatory Reports:  Final Report explaining the amendments to Rule 
1154 published with the Court’s Order at 41 Pa.B. 2413 (May 14, 2011).  Final Report 
explaining  the  amendments  to  Rule  1154  published  with  the  Court’s  Order  at  47 
Pa.B. 2313 (April 22, 2017).] 

   

Rule 1154. Duties of Guardian Ad Litem. 

omment:  

  C

 
* * * 

* * * 

* * * 

 

3 

Rule 1242.  Shelter Care Hearing. 

Comment: 

The court’s order should address the child’s educational stability, including the right 
to  an  educational  decision  maker.    The  order  should  address  the  child’s  right  to:  1) 
educational stability, including the right to: a) remain in the same school regardless of a 
change in placement when it is in the child’s best interest; b) immediate enrollment when 
a school change is in the child’s best interest; and c) have school proximity considered in 
all  placement  changes,  42  U.S.C.  §§ 675(1)(G)  and  11431  et  seq.;  2)  an  educational 
decision maker pursuant to Rule 1147, 42 Pa.C.S. § 6301, 20 U.S.C. § 1439(a)(5), and 
34  C.F.R.  § 300.519;  3)  an  appropriate  education,  including  any  necessary  special 
education, early intervention, or remedial services pursuant to 24 P.S. §§ 13-1371 and 
13-1372,  55  Pa.  Code  § 3130.87,  and  20  U.S.C.  §§ 1400 et  seq.;  4)  the  educational 
services necessary to support the child’s transition to [independent living] successful 
adulthood pursuant to 42 Pa.C.S. § 6351 if the child is [sixteen] 14 or older; and 5) a 
transition  plan  that  addresses  the  child’s  educational  needs  pursuant  to  42  U.S.C. 
§  675(5)(H) if the child will age out of care within [ninety] 90 days. 

[Official  Note:    Rule  1242  adopted  August  21,  2006,  effective  February  1,  2007.  
Amended April 21, 2011, effective July 1, 2011.  Amended April 29, 2011, effective 
July 1, 2011. Amended July 13, 2015, effective October 1, 2015.  Amended May 16, 
2017, effective July 1, 2017. 

Committee  Explanatory  Reports:    Final  Report  explaining  the  provisions  of  Rule 
1242 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).  Final 
Report explaining the amendments to Rule 1242 published with the Court’s Order 
at 41 Pa.B. 2319 (May 7, 2011).  Final Report explaining the amendments to Rule 
1242 published with the Court’s Order at 41 Pa.B. 2413 (May 14, 2011).  Final Report 
explaining  the  amendments  to  Rule  1242  published  with  the  Court’s  Order  at  45 
Pa.B. 3987 (July 25, 2015).  Final Report explaining the amendments to Rule 1242 
published with the Court’s Order at 47 Pa.B. 3078 (June 3, 2017).] 

 

* * * 

* * * 

* * * 

4 

 

 

f a petition is filed after the county agency has discontinued family finding for non-
court cases, the county agency is to aver reasons for the discontinuance in the petition.  
See 67 Pa.C.S. § [3104(a)] 7503.   

  I

Comment: 

Rule 1330.  Petition: Filing, Contents, Function, Aggravated Circumstances. 

 
* * * 

* * * 

* * * 

5 

 

 

f the requirements of Rule 1149 regarding family finding have not been met, the 
court  is  to  make  necessary  orders  to  ensure  compliance  by  enforcing  this  legislative 
mandate.    See  67  Pa.C.S.  §§  [3101]  7501  et  seq.    See  also  [Rules]  Pa.R.J.C.P. 
1242(E)(3) and 1609(D), and Comments to [Rules] Pa.R.J.C.P. 1242, 1408, 1512, 1514, 
1515, and 1608-1611.   
 

  I

 

Comment: 

 

Rule 1409.  Adjudication of Dependency and Court Order. 
 

* * * 
 

* * * 

 

6 

Rule 1512.  Dispositional Hearing. 

 

 

Comment: 

Pursuant to [paragraph] subdivision (D)(1)(i), the court is to address the child’s 
educational stability, including the right to an educational decision maker, 42 Pa.C.S. § 
6301,  20  U.S.C.  § 1439(a)(5),  and  34  C.F.R.  § 300.519.    The  court’s  findings  should 
address the child’s right to: 1) educational stability, including the right to: a) remain in the 
same school regardless of a change in placement when it is in the child’s best interest; 
b) immediate enrollment when a school change is in the child’s best interest; and c) have 
school  proximity  considered  in  all  placement  changes,  42  U.S.C.  §§ 675(1)(G)  and 
11431 et  seq.;  2)  an  educational  decision  maker  pursuant  to  Rule  1147,  42  Pa.C.S. 
§ 6301, 20 U.S.C. § 1439(a)(5), and 34 C.F.R. § 300.519; 3) an appropriate education, 
including  any  necessary  special  education,  early  intervention,  or  remedial  services 
pursuant  to  24  P.S.  §§ 13-1371  and  13-1372,  55  Pa.  Code  § 3130.87,  and  20  U.S.C. 
§§ 1400 et seq.; 4) the educational services necessary to support the child’s transition to 
[independent living] successful adulthood pursuant to 42 Pa.C.S. § 6351 if the child 
is [sixteen] 14 or older; and 5) a transition plan that addresses the child’s educational 
needs pursuant to 42 U.S.C. § 675(5)(H) if the child will age out of care within [ninety] 
90 days. 

Pursuant to [paragraph] subdivision (D)(1)(h), the court is to determine whether 
the  county  agency  has  reasonably  satisfied  the  requirements  of  Rule  1149  regarding 
family finding.  If the county agency has failed to meet the diligent family finding efforts 
requirements  of  Rule  1149,  the  court  is  to  utilize  its  powers  to  enforce  this  legislative 
mandate.    See  67  Pa.C.S.  §§  [3101]  7501  et  seq.    See  also  [Rules]  Pa.R.J.C.P. 
1210(D)(8),  1242(E)(3),  1409(C),  1609(D),  and  1611(C),  and  Comments  to  [Rules] 
Pa.R.J.C.P. 1242, 1408, 1409, 1514, 1515, and 1608-1611.   

 

 

* * * 

* * * 

 * * * 

 

7 

 

 

Required  [findings]  Findings.    Prior  to  entering  a  dispositional  order 
removing a child from the home, the court shall state on the record in open 
court the following specific findings: 

(1) 

(2) 

(3) 

Continuation  of  the  child  in  the  home  would  be  contrary  to  the 
welfare, safety, or health of the child; 
 
The  child’s placement  is the  least  restrictive  placement  that meets 
the  needs  of  the  child,  supported  by  reasons  why  there  is  no  less 
restrictive alternative available; 

If the child has a sibling who is subject to removal from the home, 
whether reasonable efforts were made prior to the placement of the 
child to place the siblings together or whether such joint placement 
is contrary to the safety or well-being of the child or sibling; 

(4) 

The  county  agency  has  reasonably  satisfied  the  requirements  of 
Rule 1149 regarding family finding; [and] 

     [a)] (i)     Reasonable efforts were made prior to the placement of the 
child to prevent or eliminate the need for removal of the child 
from the home, if the child has remained in the home pending 
such disposition; or 

   [b)] (ii)    

If preventive services were not offered due to the necessity for 
emergency  placement,  whether  such  lack  of  services  was 
reasonable under the circumstances; or 

    [c)] (iii)     If the court previously determined that reasonable efforts were 
not made to prevent the initial removal of the child from the 
home,  whether reasonable efforts are  under way  to  make  it 
possible for the child to return home[.]; and 

(6)  

The  county  agency  has  provided  a  permanency  plan  and 
services pursuant to 67 Pa.C.S. § 7504. 

   

   

 

 

(5)  One of the following: 

 

A.] (a) 

  [

 

 

 

 

 

 [B.] (b)  

Aggravated [circumstances] Circumstances.  If the court has previously 
found  aggravated  circumstances  to  exist  and  that  reasonable  efforts  to 

 

8 

Rule 1514. Dispositional Finding Before Removal from Home. 

remove the child from the home or to preserve and reunify the family are 
not  required,  a  finding  [under  paragraphs  (A)(5)(a)  through  (c)  is  not 
necessary] pursuant to subdivision (a)(5)(i)-(a)(5)(iii) is unnecessary. 

    
 
Pursuant  to  [paragraph  (A)(3)]  subdivision  (a)(3),  the  court  is  to  utilize 
reasonable efforts in placing siblings together unless it is contrary to the safety or well-
being of a child or sibling.  See 42 U.S.C. § 675 (Fostering Connections). 
    
Pursuant  to  [paragraph  (A)(4)]  subdivision  (a)(4),  the  court  is  to  determine 
 
whether  the  county  agency  has  reasonably  satisfied  the  requirements  of  Rule  1149 
regarding family finding.  If the county agency has failed to meet the diligent family finding 
efforts  requirements  of  Rule  1149,  the  court  is  to  utilize  its  powers  to  enforce  this 
legislative  mandate.   See 67  Pa.C.S.  §§ [3101]  7501 et  seq.    See  also  [Rules] 
Pa.R.J.C.P. 1210(D)(8), 1242(E)(3), 1409(C), 1609(D), and 1611(C), and Comments to 
[Rules] Pa.R.J.C.P. 1242, 1408, 1409, 1512, 1515, and 1608-1611. 
 

Pursuant to subdivision (a)(6), specific requirements for a permanency plan 
and services exist when the court orders the temporary transfer of a child’s legal 
custody pursuant to 42 Pa.C.S. § 6351(a)(2).  See 67 Pa.C.S. § 7504. 

omment:  See 42 Pa.C.S. § 6351(b). 

  C

 

9 

Rule 1515.  Dispositional Order. 
 

Comment: 

If the requirements of Rule 1149 regarding family finding have not been met, the 
court  is  to  make  necessary  orders  to  ensure  compliance  by  enforcing  this  legislative 
mandate.    See  67  Pa.C.S.  §§  [3101]  7501  et  seq.    See  also  [Rules]  Pa.R.J.C.P. 
1210(D)(8),  1242(E)(3),  1409(C),  1609(D),  and  1611(C),  and  Comments  to  [Rules] 
Pa.R.J.C.P. 1242, 1408, 1409, 1512, 1514, and 1608-1611.  

 

 

* * * 

* * * 

* * * 

 

10 

Rule 1608.  Permanency Hearing. 

[A.] (a)    Purpose and [timing of hearing] Timing of Hearing.   For every case, the 
court  shall  conduct  a  permanency  hearing  at  least  every  six  months  for 
purposes of determining or reviewing: 

(1) 

the permanency plan of the child; 

the  date  by  which  the  goal  of  permanency  for  the  child  might  be 
achieved; and 

whether  the  placement  continues  to  be  best  suited  to  the  safety, 
protection, and physical, mental, and moral welfare of the child. 

 

[B.] (b)    Recording. The permanency hearing shall be recorded. 

[C.] (c)    Evidence.   

Any evidence helpful in determining the appropriate course of action, 
including  evidence  that  was  not  admissible  at  the  adjudicatory 
hearing, shall be presented to the court.  

If  a  report  was  submitted  pursuant  to  Rule  1604,  the  court  shall 
review  and  consider  the  report  as  it  would  consider  all  other 
evidence. 

[D.] (d)    Court’s Findings.   

2) 

3) 

  (

  (

(1) 

2) 

  (

1) 

  (

Findings at all Six-Month Hearings.  At each permanency hearing, 
the court shall enter its findings and conclusions of law into the record 
and enter an order pursuant to Rule 1609.  On the record in open 
court, the court shall state:  

[a)] (i)   
 
[b)] (ii) 

 
[c)] (iii) 

 

the appropriateness of the placement;  

the appropriateness, feasibility, and extent of compliance with 
the permanency plan developed for the child;  

the appropriateness and feasibility of the current permanency 
goal  for  the  child  provided  that,  at  no  time  may  a  goal  be 
changed from reunification unless notice has been provided 
in accordance with Rule 1601(B);  

11 

   

 

 

 

 

 

 

[d)] (iv)   

the  likely  date  by  which  the  permanency  goal  for  the  child 
might be achieved;  

[e)] (v)   whether  reasonable  efforts  were  made  to  finalize  the 

permanency plan in effect;  

[f)] (vi)   whether the county agency has made services available to the 
guardian, and if not, why those services have not been made 
available; 

 
[g)] (vii)  

the  continued  appropriateness  of  the  permanency  plan  and 
the concurrent plan; 

 

 

 

[h)] (viii)   whether the county agency has satisfied the requirements of 
Rule 1149 regarding family finding, and if not, the findings and 
conclusions  of  the  court  on  why  the  requirements  have  not 
been met by the county agency; 

i)] (ix)   whether the child is safe;  

j)] (x)  

if  the  child  has  been  placed  outside  the  Commonwealth, 
whether  the  placement  continues  to  be  best  suited  to  the 
safety, protection, and physical, mental, and moral welfare of 
the child;  

k)] (xi) 

the  services  needed  to  assist  a  child  who  is  [fourteen]  14 
years of  age  or older to  make the  transition to  a  successful 
adulthood, including: 

  [

  [

  [

       (A)   whether  services  are  being  provided  as  required 
under 67 Pa.C.S § 7505 (relating to transition plan 
and services); 

[i)] (B) 

the specific independent living services or instructions 
that are currently being provided by the county agency 
or private provider; 

[ii)] (C) 

the areas of need in independent living instruction that 
have  been 
living 
assessment completed pursuant to the Chafee Act, 42 
U.S.C. §§ 671 et seq.; 

identified  by 

independent 

the 

 

12 

[iii)] (D) 

the  independent  living  services  that  the  child  will 
receive prior to the next permanency review hearing;     

[iv)] (E)  whether the child is in the least restrictive, most family-
like setting that will enable him to develop independent 
living skills; 

[v)] (F) 

the  efforts  that  have  been  made  to  develop  and 
maintain connections with supportive adults regardless 
of placement type; 

[vi)] (G)  whether  the  child  is  making  adequate  educational 
progress to graduate from high school or whether the 
child  is  enrolled  in  another  specified  educational 
program  that  will  assist  the  child  in  achieving  self-
sufficiency;    

[vii)] (H) 

the job-readiness services that have been provided to 
the  child  and  the  employment/career  goals that  have 
been established; 

[viii)] (I)  whether  the  child  has  physical  health  or  behavioral 
health  needs  that  will  require  continued  services  into 
adulthood; and 

[ix)] (J) 

the steps being taken to ensure that the youth will have 
stable  housing  or 
living  arrangements  when 
discharged from care;  

[l)] (xii)  

any educational, health care, and disability needs of the child 
and the plan to ensure those needs are met; 

m)] (xiii) 

if a sibling of a child has been removed from the home and is 
in a different setting than the child, whether reasonable efforts 
have  been  made  to  place  the  child  and  sibling  of  the  child 
together  or  whether  such  joint  placement  is  contrary  to  the 
safety or well-being of the child or sibling;  

n)] (xiv) 

if  the  child  has  a  sibling,  whether  visitation  of  the  child  with 
that sibling is occurring no less than twice a month, unless a 
finding is made that visitation is contrary to the safety or well-
being of the child or sibling; 

  [

  [

 

 

13 

[o)] (xv) 

whether  sufficient  steps  have  been  taken  by  the  county 
agency to ensure the caregiver is exercising the reasonable 
and prudent parent standard;  

p)] (xvi) 

whether  sufficient  steps  have  been  taken  by  the  county 
agency  to  ensure  the  child  has  been  provided  regular, 
ongoing  opportunities  to  engage  in  age-appropriate  or 
developmentally-appropriate activities, including: 

[i)] (A) 

the  child 

consulting 
developmentally-appropriate  manner  about 
opportunities to participate in activities; and 

in  an  age-appropriate  or 
the 

ii)] (B) 

identifying and addressing any barriers to participation; 
and     

  [

 

[q)] (xvii)   whether  the  visitation  schedule  for  the  child  with  the  child’s 
guardian is adequate, unless a finding is made that visitation 
is contrary to the safety or well-being of the child. 

  Another  Planned  Permanent  Living  Arrangement  (APPLA)  for 
Children [Sixteen] 18 Years of Age or Older.  APPLA shall not be 
utilized  for  any  child  under  the  age  of  [sixteen]  18.    At  each 
permanency hearing for a child who is  [sixteen] 18 years or older 
and  has  a  permanency  goal  of  APPLA,  the  following  additional 
considerations, inquiry, and findings shall be made by the court:   

Court’s APPLA Considerations.  Before making its findings 
pursuant to [paragraph (D)(2)(c)] subdivision (d)(2)(iii), the 
court shall consider evidence, which is obtained as of the date 
of the hearing, and entered into the record concerning: 

[i)] (A) 

the intensive, ongoing, and unsuccessful efforts made 
to: 

secure  a  placement for the  child  with  a  fit  and 
willing relative, a legal guardian, or an adoptive 
parent;  

[A)] (I) 

return the child home; or  

B)] (II) 

  [

[ii)] (B)  

the  specific  services,  including  the  use  of  search 
technology  and  social  media  to  find  biological  family 

 

 

  [

 

 

2) 

  (

 

[a)] (i)  

 

14 

members and kin, as well as permanency services that 
have  been  provided  to  the  child  that  serve  as  the 
intensive ongoing, and unsuccessful efforts to achieve 
reunification, adoption, or placement with a guardian or 
a fit and willing relative;  

[iii)] (C) 

the  full  names  of  at  least  [one]  two  identified 
supportive  adults  with  whom  the  child  has  significant 
connections; 

iv)] (D)  how each identified supportive adult has formalized the 

connection with the child; 

v)] (E) 

the specific services that will be provided by the agency 
to  support  and  maintain  the  connection  between  the 
child and identified supportive adult(s); and 

vi)] (F) 

the  specific  planned,  permanent  placement  or  living 
arrangement for the child that will provide the child with 
stability. 

  [

  [

  [

[b)] (ii) 

Court’s Inquiry of Child’s Desired Permanency Outcome.  
Before making its findings pursuant to [paragraph (D)(2)(c)] 
subdivision (d)(2)(iii), the court shall ask the child about the 
child’s desired permanency outcome.  

[c)] (iii)    Court’s  APPLA  Findings.    After  making  all  the  findings  of 
[paragraph (D)(1)] subdivision (d)(1) and before assigning 
the  permanency  goal  of  APPLA,  at  each  subsequent 
permanency  hearing,  based  upon  the  considerations  and 
inquiry provided in [paragraph (D)(2)(a) & (b)] subdivision 
(d)(2)(i)-(ii)  and  any  other  evidence  deemed  appropriate  by 
the court, the court shall state in open court on the record the 
following: 

[i)] (A) 

reasons  why  APPLA  continues 
permanency plan for the child; and 

to  be 

the  best 

[ii)] (B) 

compelling  reasons  why  it  continues  not  to  be  in  the 
best interests of the child to: 

 

 

 

 

 

 

[A)] (I) 
 

return home;  

15 

 

[B)] (II) 

be placed for adoption;  

C)] (III) 

be placed with a legal guardian;   

D)] (IV) 

be placed with a fit and willing relative; and  

the  full  names  of  at  least  [one]  two  identified 
supportive  adults  with  whom  the  child  has  significant 
connections[.]; and 

the identity of the specific APPLA approved by the 
court. 

  [

  [

 

[iii)] (C) 

D)   

  (

(3) 

Additional  [findings  for  fifteen  of  last  twenty-two  months] 
Findings  for  15  of  Last  22  Months.    If  the  child  has  been  in 
placement for [fifteen] 15 of the last [twenty-two] 22 months, the 
court may direct the county agency to file a petition  [to terminate] 
for involuntary termination of parental rights. 

The  county  agency  shall  review  the  family  service  plan  or 
permanency  plan  at  least  every  six  months,  including  all  family 
finding efforts pursuant to Rule 1149.  

The  family  service  plan  or  permanency  plan  shall  identify  which 
relatives and kin were included in its development and the method of 
that inclusion.  

If the plan is modified, the county agency shall follow the filing and 
service requirements pursuant to Rule 1345. 

The  parties and  when  requested,  the  court, shall  be  provided  with 
the modified plan at least [fifteen] 15 days prior to the permanency 
hearing.  

 
(1) 

  
(2) 

3) 

4) 

  (

  (

[E.] (e)  Advanced  Communication  Technology.    Upon  good  cause  shown,  a 
court  may  utilize  advanced  communication  technology  pursuant  to  Rule 
1129. 
 

[F.] (f) 

Family Service Plan or Permanency Plan.   

 

 

 

omment:  See 42 Pa.C.S. §§ 6341, 6351. 

16 

  

  C

 

 

Permanency planning is a concept whereby children are not relegated to the limbo 
 
of spending their childhood in foster homes, but instead, dedicated effort is made by the 
court and the county agency to rehabilitate and reunite the family in a reasonable time, 
and failing in this, to free the child for adoption.  In re M.B., 674 A.2d 702, 704 (Pa. Super.  
1996) (quoting In re Quick, 559 A.2d 42 (Pa. 1989)).   
 

To the extent practicable, the judge or juvenile court hearing officer who presided 
over the adjudicatory and original dispositional hearing for a child should preside over the 
permanency hearing for the same child.  

ursuant to [paragraph (A)] subdivision (a), courts are to conduct a permanency 
hearing  every  six  months.    Courts  are  strongly  encouraged  to  conduct  more  frequent 
permanency hearings, such as every three months, when possible. 

  
The court may schedule a three-month hearing or conference.  At the three-month 
hearing,  the  court  should  ensure  that:  1)  services  ordered  at  the  dispositional  hearing 
pursuant to Rule 1512 are put into place by the county agency; 2) the guardian who is 
the  subject  of  the  petition  is  given  access  to  the  services  ordered;  3)  the  guardian  is 
cooperating with the court-ordered services; and 4) a concurrent plan is developed if the 
primary plan may not be achieved. 

 three-month hearing or conference is considered best practice for dependency 
cases and is highly recommended.  The court should not wait until six months has elapsed 
to  determine  if  the  case  is  progressing.    Time  to  achieve  permanency  is  critical  in 
dependency cases.  In order to seek reimbursement under Title IV-E of the Social Security 
Act, 42 U.S.C. §§ 601 et seq., a full permanency hearing is to be conducted every six 
months,  including  required  findings  and  conclusions  of  law  on  the  record  pursuant  to 
[paragraph (D)] subdivision (d). 

n addition to the permanency hearing contemplated by this rule, courts may also 
conduct  additional  and/or  more  frequent  intermittent  review  hearings  or  status 
conferences that  address  specific issues  based  on  the  circumstances  of the  case  and 
assist the court in ensuring timely permanency. 

very child should have a concurrent plan, which is a secondary plan to be pursued 
if the primary permanency plan for the child cannot be achieved.  See [Comment to Rule 
1512] Pa.R.J.C.P. 1512, Comment.  For example, the primary plan may be reunification 
with the guardian.  If the guardian does not substantially comply with the requirements of 
the  court-ordered  services,  subsidized  legal  guardianship  may  be  utilized  as  the 
concurrent plan.  Because of time requirements, the concurrent plan is to be in place so 
that permanency may be achieved in a timely manner. 
 

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17 

[Paragraph  (D)(1)(c)]  Subdivision  (d)(1)(iii)  is  intended  to  provide  adequate 
notice and the opportunity to be heard when a goal is being changed from reunification.  
If  the  court  intends  to  change  the  child’s  goal  from  reunification  without  a  prior  notice 
provided  by  a  party  pursuant  to  Rule  1601(B),  then  the  court  shall  direct  the  county 
agency to provide such notice in accordance with Rule 1601(B). 

ursuant  to  [paragraph  (D)(1)(h)]  subdivision  (d)(1)(viii),  the  court  is  to 
determine whether the county agency has reasonably satisfied the requirements of Rule 
1149 regarding family finding, including the location and engagement of relatives and kin 
at least every six months, prior to each permanency hearing.  If the county agency has 
failed to meet the diligent family finding efforts requirements of Rule 1149, the court is to 
utilize its powers to enforce this legislative mandate.  See 67 Pa.C.S. §§ [1301] 7501 et 
seq.    See  also  [Rules]  Pa.R.J.C.P.  1210(D)(8),  1242(E)(3),  1409(C),  1609(D),  and 
1611(C), and Comments to [Rules] Pa.R.J.C.P. 1242, 1408, 1409, 1512, 1514, 1515, 
1609, and 1611.   

hen making its determination for reasonable efforts made by the county agency, 
the  court  is  to  consider  family  finding.    See  also  [Rules]  Pa.R.J.C.P.  1240(B)(6), 
[1242(C)(2)  &  (3)(b)  &  (c)]  1242(C)(2),  (C)(3)(b)-(c),  and  1330(B)(6),  and  Comments 
to [Rules] Pa.R.J.C.P. 1242, 1330, 1409, 1515, 1609, and 1611 for reasonable efforts 
determinations. 

ee  42  U.S.C.  §  675(5)(A)-(I)  and  67  Pa.C.S.  §  7505  for  development  of  a 

transition plan pursuant to [paragraph (D)(1)(k)] subdivision (d)(1)(xi).   

ursuant to [paragraph (D)(1)(o)] subdivision (d)(1)(xv), the county agency is to 
testify  and  enter evidence  into  the  record on  how  it  took  sufficient steps  to ensure  the 
caregiver is exercising the reasonable and prudent parent standard.  For the definition of 
“caregiver” and the “reasonable and prudent parent standard,” see Rule 1120.  Pursuant 
to [paragraph (D)(1)(p)] subdivision (d)(1)(xvi), when documenting its steps taken, the 
county  agency  is  to  include  how  it  consulted  with  the  child  in  an  age-appropriate  or 
developmentally-appropriate manner about the opportunities of the child to participate in 
activities.    For  the  definition  of  “age-appropriate  or  developmentally-appropriate,”  see 
Rule 1120.  These additions have been made to help dependent children have a sense 
of normalcy in their lives.  These children should be able to participate in extracurricular, 
enrichment, cultural, and social activities without having to consult caseworkers and ask 
the court’s permission many days prior to the event.  See also Preventing Sex Trafficking 
and Strengthening Families Act (P.L. 113-183), 42 U.S.C. §§ 675 and 675a (2014). 

ursuant  to  [paragraph  (D)(2)]  subdivision  (d)(2),  there  are  additional 
considerations, inquiries, and findings when the court conducts a permanency hearing for 
a child, who is [sixteen] 18 years of age or older and has a permanency plan of APPLA.  
APPLA should only be utilized as a permanency plan when all other alternatives have 

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18 

been  exhausted.    Even  after  exhaustive  efforts  have  been  made,  the  county  agency 
should identify at least [one] two supportive adults to be involved in the life of the child.  
Diligent  efforts  to  search  for  relatives,  guardians,  adoptive  parents,  or  kin  are  to  be 
utilized.  [See] See Rule 1149 on family finding.  Independent living services should also 
be addressed.  Under [paragraph (D)(2)(a)(i)(B)] subdivision (d)(2)(i)(A)(II), a fit and 
willing relative may include adult siblings.  

    
Pursuant to [paragraph (D)(2)(b)] subdivision (d)(2)(ii), the court is to engage 
the  child  in  conversation  to  ascertain  the  child’s  desired  permanency  outcome.    The 
conversation is to be between the child and the court, not the guardian ad litem answering 
for the child.   

fter all the requirements of [paragraph (D)(1) and (D)(2)(a) and (b)] subdivision 
(d)(1) and (d)(2)(i)-(ii) have been made, the court is to state in open court on the record 
the specific reasons why APPLA continues to be the best permanency plan for the child, 
the compelling reasons why it continues not to be in the best interests of the child to return 
home or be placed for adoption, with a legal guardian, or with a fit and willing relative, and 
the full names of at least [one] two identified supportive adults with whom the child has 
significant  connections.    See  [paragraph  (D)(2)(c)]  subdivision  (d)(2)(iii).    The 
standards of this rule make choosing the plan of APPLA difficult to ensure  that it is the 
last alternative available for the child.  Additionally, this rule requires the court to state its 
finding in open court on the record.  If the court takes a case under advisement, it is to 
continue the hearing until it is ready to make these findings.  The time requirements of 
the Rules are to be followed when taking a case under advisement.   

Pursuant to paragraph (D)(3), a “petition to terminate parental rights” is a 
term of art used pursuant to 23 Pa.C.S. § 2511 and Pa. O.C. Rule 15.4 to describe 
the  motion  terminating  parental  rights.    This  does  not  refer  to  the  “petition”  as 
defined  in  Pa.R.J.C.P.  1120.]    Concerning  subdivision  (d)(3),  a  petition  for 
involuntary termination of parental rights is authorized by 23 Pa.C.S. §§ 2511-2514 
and proceeds in accordance with Chapter 15 of the Pennsylvania Rules of Orphans’ 
Court Procedure.     

he court is to move expeditiously towards permanency.  A goal change motion 

may be filed at any time. 

 President Judge may allow Common Pleas Judges to “wear multiple hats” during 
a  proceeding  by  conducting  a  combined  hearing  on  dependency  and  Orphans’  Court 
matters.  See 42 Pa.C.S. § 6351(i); see also In re Adoption of S.E.G., 901 A.2d 1017 (Pa. 
2006),  where  involuntary  termination  occurred  prior  to  a  goal  change  by  the  county 
agency.   

or family service plan requirements, see 55 Pa. Code §§ 3130.61 and 3130.63. 

  A

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19 

See] See Rule 1136 regarding ex parte communications. 

See] See Rule 1610 for permanency hearing for children over the age of eighteen. 

Official  Note:  Rule  1608  adopted  August  21,  2006,  effective  February  1,  2007.  
Amended  December  18,  2009,  effective  immediately.    Amended  April  21,  2011, 
effective July 1, 2011.  Amended April 29, 2011, effective July 1, 2011.   Amended 
October  21,  2013,  effective  December  1,  2013.  Amended  July  13,  2015,  effective 
October 1, 2015.  Amended December 9, 2015, effective January 1, 2016.  Amended 
June 14, 2016, effective October 1, 2016. 

ommittee  Explanatory  Reports:  Final  Report  explaining  the  provisions  of  Rule 
1608 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).  Final 
Report explaining the amendments to Rule 1608 published with the Court’s Order 
at 40 Pa.B. 21 (January 2, 2010).  Final Report explaining the amendments to Rule 
1608 published with the Court’s Order at 41 Pa.B. 2319 (May 7, 2011).  Final Report 
explaining  the  amendments  to  Rule  1608  published  with  the  Court’s  Order  at  41 
Pa.B. 2430 (May 14, 2011).  Final Report explaining the amendments to Rule 1608 
published with the Court’s Order at 43 Pa.B. 6658 (November 9, 2013).  Final Report 
explaining  the  amendments  to  Rule  1608  published  with  the  Court’s  Order  at  45 
Pa.B. 3987 (July 25, 2015).  Final Report explaining the amendments to Rule 1608 
published  with  the  Court’s  Order  at  45  Pa.B.  7289  (December  26,  2015).    Final 
Report explaining the amendments to Rule 1608 published with the Court’s Order 
at  Pa.B. - (-).]

  [

  [

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Rule 1609.  Permanency Hearing Orders. 
 

Comment: 

If the requirements of Rule 1149 regarding family finding have not been met, the 
court  is  to  make  necessary  orders  to  ensure  compliance  by  enforcing  this  legislative 
mandate.    See  67  Pa.C.S.  §§  [3101]  7501  et  seq.    See  also  [Rules]  Pa.R.J.C.P. 
1210(D)(8), 1242(E)(3), and 1409(C), and Comments to [Rules] Pa.R.J.C.P. 1242, 1408, 
1409, 1512, 1514, 1515, 1608, 1610, and 1611.   

Pursuant  to  [paragraph]  subdivision  (E),  the  court’s  order  is  to  address  the 
child’s  educational  stability,  including  the  right  to  an  educational  decision  maker.    The 
order should address the child’s right to: 1) educational stability, including the right to: a) 
remain in the same school regardless of a change in placement when it is in the child’s 
best interest; b) immediate enrollment when a school change is in the child’s best interest; 
and  c)  have  school  proximity  considered  in  all  placement  changes,  42  U.S.C. 
§§ 675(1)(G) and 11431 et seq.; 2) an educational decision maker pursuant to Rule 1147, 
42 Pa.C.S. § 6301, 20 U.S.C. § 1439(a)(5), and 34 C.F.R. § 300.519; 3) an appropriate 
education,  including  any  necessary  special  education,  early  intervention,  or  remedial 
services pursuant to 24 P.S. §§ 13-1371 and 13-1372, 55 Pa. Code § 3130.87, and 20 
U.S.C.  §§ 1400 et  seq.;  4)  the  educational  services  necessary  to  support  the  child’s 
transition to [independent living] successful adulthood pursuant to 42 Pa.C.S. § 6351 
if  the  child  is  [sixteen]  14  or older; and  5) a  transition  plan  that  addresses  the  child’s 
educational needs pursuant to 42 U.S.C. § 675(5)(H) if the child will age out of care within 
[ninety] 90 days. 

 
* * * 

 

* * * 
 

* * * 

 

21 

   

 

Rule 1610.  Permanency Hearing for Children Over Eighteen. 
 

 

Comment: 

Pursuant to [paragraph] subdivision (D), the court is to determine whether the 
county agency has reasonably satisfied the requirements of Rule 1149 regarding family 
finding,  including  the  location  and  engagement  of  relatives  and  kin  at  least  every  six 
months, prior to each permanency hearing.  If the county agency has failed to meet the 
diligent family finding efforts requirements of Rule 1149, the court is to utilize its powers 
to enforce this legislative mandate.   See 67 Pa.C.S. §§ [3101] 7501 et seq.  See also 
[Rules]  Pa.R.J.C.P.  1210(D)(8),  1242(E)(3),  1409(C),  1609(D),  and  1611(C),  and 
Comments to [Rules] Pa.R.J.C.P. 1242, 1408, 1409, 1512, 1514, 1515, 1608, 1609, and 
1611.   

 

* * * 

* * * 

* * * 

22 

   

 

Rule 1611.  Permanency Hearing Orders for Children Over Eighteen. 

Comment: 

If the requirements of Rule 1149 regarding family finding have not been met, the 
court  is  to  make  necessary  orders  to  ensure  compliance  by  enforcing  this  legislative 
mandate.    See  67  Pa.C.S.  §§  [3101]  7501  et  seq.    See  also  [Rules]  Pa.R.J.C.P. 
1210(D)(8), 1242(E)(3), and 1409(C), and Comments to [Rules] Pa.R.J.C.P. 1242, 1408, 
1409, 1512, 1514, 1515, 1608, 1609, and 1610.   

* * * 

* * * 

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23 

the child has been reunified with the guardian and the circumstances 
which  necessitated  the  dependency  adjudication  and  placement 
have been alleviated; 

the  child  is  under  18  years  of  age  and  has  been  placed  with  a 
ready, willing, and able parent who was not previously identified by 
the county agency; 

the child has been adopted and services from the county agency are 
no longer needed; 

the  child  has  been  placed  in  the  custody  of  a  permanent  legal 
custodian  and  services  from  the  county  agency  are  no  longer 
needed; 

the child has been placed in the physical and legal custody of a fit 
and  willing  relative  and  services  from  the  county  agency  are  no 
longer needed; 

the child has been placed in another living arrangement intended to 
be  permanent  and  services  from  the  county  agency  are  no  longer 
needed  and a  hearing  has  been held  pursuant to  [paragraph (E)] 
subdivision (e) for a child who is age eighteen or older; 

the  child  has  been  adjudicated  delinquent  and  services  from  the 
county agency are no longer needed because all dependency issues 
have been resolved; 

9) 

the child has been emancipated by the court; 

10) 

the child is [eighteen] 18 years of age or older and a hearing has 
been held pursuant to [paragraph (E)] subdivision (e); 

24 

2) 

3) 

4) 

5) 

6) 

7) 

8) 

  (

  (

  (

  (

  (

  (

  (

  (

  (

 

Rule 1631.  Termination of Court Supervision. 

[(A)] (a)   Concluding Supervision.  Any party, or the court on its own motion, may 
move for the termination of supervision when court-ordered services from 
the county agency are no longer needed and: 

(1) 

the  child  has  remained  with  the  guardian  and  the  circumstances 
the  dependency  adjudication  have  been 
which  necessitated 
alleviated; 

 

 

(11) 

the child has died; 

12)  a  court  in  another  county  of  this  Commonwealth  has  accepted 

jurisdiction; or 

13)  a court in another state has accepted jurisdiction. 

[Ready,  willing,  and  able  parent]  Ready,  Willing,  and  Able 
Parent.  When services from the county agency are no longer necessary 
because the court has determined that the child is not dependent pursuant 
to [paragraph (A)(3)]  subdivision (a)(3) because a non-custodial parent 
has been found by the court to be able and available, the court shall enter 
an order awarding custody to that parent and the court order shall have the 
effect and be docketed as a decision entered pursuant to the  [Pa.R.C.P.] 
Pennsylvania Rules of Civil Procedure. 

  (

  (

 
[(B)] (b)  

(C)] (c)   Objection.    Any  party  may  object  to  a  motion  under  [paragraph  (A)] 

subdivision (a) and request a hearing. 

[(D)] (d)  Hearing. 

 

If  objections  have  been  made  under  [paragraph  (C)] 
subdivision  (c),  the  court  shall  hold  a  hearing  and  give  each  party  an 
opportunity to be heard before the court enters its final order. 

[(E)] (e)  Children [eighteen years of age or older] 18 Years of Age or Older. 

Before  the  court  can  terminate  its  supervision  of  a  child  who  is 
[eighteen] 18 years of age or older, a hearing shall be held at least 
[ninety] 90 days prior to the child turning [eighteen] 18 years of age. 

Prior  to  the  hearing,  the  child  shall  have  the  opportunity  to  make 
decisions about the transition plan and confer with the county agency 
about the details of the plan.  The county agency shall provide the 
transition plan to the court and the plan shall, at a minimum, include: 

[a)] (i) 
 

the specific plans for housing; 

[b)] (ii)  a description of the child’s source of income; 

c)] (iii)  the  specific  plans  for  pursuing  educational  or  vocational 

d)] (iv)  the  child’s  employment  goals  and  whether  the  child  is 

(1) 

2) 

  (

  [

  [

training goals; 

employed; 

25 

 

 

 

  [

 

 

e)] (v)  a  description  of  the  health  insurance  plan  that  the  child  is 
expected  to  obtain  and  any  continued  health  or  behavioral 
health needs of the child; 

f)] (vi)  a  description  of  any  available  programs  that  would  provide 
in  establishing  positive  adult 

mentors  or  assistance 
connections; 

g)] (vii)  verification that all vital identification documents and records 

have been provided to the child; 

h)] (viii) a description of any other needed support services; [and] 

     (ix)  a list, with contact information, of supportive adults and 

family members; and  

i)] (x)  notice  to  the  child  that  the  child  can  request  resumption  of 
juvenile court jurisdiction until the child turns [twenty-one] 21 
years of age if specific conditions are met. 

  [

  [

  [

  [

   

  [

At the hearing, the court shall review the transition plan for the child. 
If  the  court  is  not  satisfied  that  the  requirements  of  [paragraph 
(E)(2)]  subdivision  (e)(2)  have  been  met,  a  subsequent  hearing 
shall be scheduled. 

The  court  shall  not  terminate  its  supervision  of  the  child  without 
approving  an  appropriate  transition  plan,  unless  the  child,  after  an 
appropriate transition plan has been offered, is unwilling to consent 
to the supervision and the court determines termination is warranted. 

(3) 

4) 

  (

[(F)] (f)   Cessation  of  [services]  Services.   When  all  of  the  above  listed 
requirements  have  been  met,  the  court  may  discharge  the  child  from  its 
supervision and close the case. 

Comment:    For  procedures  on  motions,  see  Rule  1344.    For  procedures  on  the 
dispositional order, see Rule 1515. 

For guidelines under [paragraph (A)] subdivision (a), see 42 Pa.C.S. §§ 6301(b) 

[&] and 6351(f.1). 

   

26 

 

 

 

Pursuant to [paragraph (A)(8)] subdivision (a)(8), if a child has been adjudicated 
    
delinquent, the court may terminate court supervision unless dependency is necessary 
for placement.  In re Deanna S., [422 Pa. Super. 439,] 619 A.2d 758 (Pa. Super. 1993).  
The court may also decide to retain dependency jurisdiction regardless of the delinquency 
adjudication because the child still needs dependency services. 

    
If dependency issues have not been resolved, the case should be kept open and 
services  ordered.    The  court  should  ensure  that  services  are  not  discontinued  solely 
because  the  child  was  adjudicated  delinquent.    The  county  agency  and  the  juvenile 
probation are to collaborate on the case and resolve all outstanding issues.  If a child is 
in a delinquency placement, the court is to ensure that the county agency and the juvenile 
probation office have collaborated to ensure appropriate services are in place. 

For  procedures  on  emancipation  pursuant  to  [paragraph  (A)(9)]  subdivision 
    
(a)(9), see Berks County Children and Youth Services v. Rowan, [428 Pa. Super. 448,] 
631 A.2d 615 (Pa. Super. 1993).  See also[,] 22 Pa. Code § 11.11, 55 Pa. Code § 145.62. 

Pursuant to [paragraph (A)(10)] subdivision (a)(10), a child who was adjudicated 
    
dependent prior to reaching the age of [eighteen] 18 and who, while engaged in a course 
of  instruction  or treatment,  requests the  court to  retain  jurisdiction  until the  course  has 
been  completed,  may  remain  in  the  course  of  instruction  or  treatment  until  the  age  of 
[twenty-one]  21.    42  Pa.C.S.  §  6302.    See  also[,]  55  Pa.  Code  §§  3103.5  [&]  and 
3130.87; In re S.J., 906 A.2d 547 (Pa. Super. [Ct.] 2006). 

The court may not terminate jurisdiction solely because the dependent child is a 

    
runaway.  In re Deanna S., [422 Pa. Super. 439,] 619 A.2d 758 (Pa. Super. 1993). 

[A]  Pursuant  to  subdivision  (b),  a  child  whose  non-custodial  parent  is  ready, 
    
willing, and able to provide adequate care for the child may not be found dependent.  See 
In re M.L., [562 Pa. 646,] 757 A.2d 849 (Pa. 2000).  [See paragraph (B).  Paragraph 
(B)] Subdivision (b) does not apply to resumption of jurisdiction cases. 

    
[Pursuant to 42 Pa.C.S. § 6351(a)(2.1), a] A court may transfer permanent legal 
custody to a person found by the court to be qualified to receive and care for the child.  
See 42 Pa.C.S. § 6351(a)(2.1).  See also Justin S., [375 Pa.Super. 88,] 543 A.2d 1192 
(Pa. Super. 1988).   

Pursuant to [paragraph (E)(2)] subdivision (e)(2), the county agency is to assist 
   
the child and provide all the support necessary in developing a transition plan.   See 42 
U.S.C. § 675(5)(A)-(H); 67 Pa.C.S. § 7505. 

 

27 

Pursuant  to  [paragraph  (E)(3)]  subdivision  (e)(3),  the  court  is  to  approve  a 
    
transition plan that is suitable for the child and that has been personalized at the direction 
of the child. 

    
If the court has resumed jurisdiction pursuant to Rule 1635, a new transition plan 
is  to  be  developed  for  the  child.    Before  the  court  can  terminate  supervision,  the 
requirements  of  [paragraph  (E)]  subdivision  (e)  are  to  be  followed.    In  no  case  is  a 
juvenile  over  [twenty-one]  21  to  remain  under  juvenile  court  supervision.    See [Rule] 
Pa.R.J.C.P. 1635(E).  [See also] See also Rule 1635(E) for termination of juvenile court 
jurisdiction if the court denies the motion for resumption of jurisdiction. 

[Official  Note:    Rule  1613  adopted  August  21,  2006,  effective  February  1,  2007.  
Amended July 29, 2009, effective immediately.  Amended April 29, 2011, effective 
July 1, 2011.  Amended October 21, 2013 and renumbered from Rule 1613 to Rule 
1631, effective December 1, 2013.   

Committee  Explanatory  Reports:    Final  Report  explaining  the  provisions  of  Rule 
1613 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).  Final 
Report explaining the amendments to Rule 1613 published with the Court’s Order 
at  39  Pa.B.  4887  (August  15,  2009).    Final  Report  explaining  the  amendments  to 
Rule 1613 published with the Court’s Order at 41 Pa.B. 2430 (May 14, 2011).  Final 
Report explaining the amendments to Rule 1631 published with the Court’s Order 
at 43 Pa.B. 6658 (November 9, 2013).]   

 

 

28