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JUVENILE COURT PROCEDURAL RULES COMMITTEE
ADOPTION REPORT
Amendment of Pa.R.J.C.P. 1120, 1149, 1154, 1242, 1330, 1409,
1512, 1514, 1515, 1608, 1609, 1610, 1611, and 1631
On March 22, 2023, the Supreme Court amended Pennsylvania Rules of Juvenile
Court Procedure 1120, 1149, 1154, 1242, 1330, 1409, 1512, 1514, 1515, 1608, 1609,
1610, 1611, and 1631 to, inter alia, implement the Act of November 3, 2022, P.L. 1765,
No. 118. This Act amended Title 67 concerning family finding, permanency and transition
plans, and amended the Juvenile Act concerning permanency hearings. The Juvenile
Court Procedural Rules Committee has prepared this Adoption Report describing the
rulemaking process. An Adoption Report should not be confused with Comments to the
rules. See Pa.R.J.A. 103, cmt. The statements contained herein are those of the
Committee, not the Court.
he Act is intended to improve the transition of a child leaving foster care at 18
years of age or older. The Act, inter alia, repealed the current family finding statutes and
relocated them to Chapter 75 within Title 67. See 67 Pa.C.S. §§ 7501-7509. Further, the
Act included a requirement that the county agency develop a permanency plan and
provide services to facilitate that plan. See 67 Pa.C.S. § 7504. Additionally, the county
agency is required to plan for, and provide services related to, a child’s transition out of
foster care. See id. § 7505. The Act also amended the Juvenile Act concerning the
disposition of dependent children at 42 Pa.C.S. § 6351(f)(8), (f)(8.2), and (f.1).
or children 14 years of age or older, the Act requires the court to determine at the
permanency review hearing whether transition planning and services are being provided
in accordance with 67 Pa.C.S. § 7505. See 42 Pa.C.S. § 6351(f)(8). Whether the
required services are being provided is addressed in the amendment of Pa.R.J.C.P.
1608(d)(1)(xi)(A). There is no proposed requirement for planning because the rule text
currently does not require a transition plan pursuant to 42 U.S.C. § 675(5)(A). Instead,
the transition plan requirement of 67 Pa.C.S. § 7505 is referenced in the same Comment
currently referencing the transition plan required by 42 U.S.C. § 675(5)(A).
he county agency is also required to develop a permanency plan and provide
permanency services pursuant to 67 Pa.C.S. § 7504 when a child’s legal custody is
temporarily transferred pursuant to 42 Pa.C.S. § 6351(A)(2). Section 7504 contains
specific requirements for the plan and services. Given that these requirements apply
when a child is removed from home, i.e., legal custody is temporarily transferred,
subdivision (a)(6) has been added to Pa.R.J.C.P. 1514 (Dispositional Finding Before
Removal from Home).
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For children 18 years of age or older whose supervision is being terminated, a
transition plan that complies with 67 Pa.C.S. § 7505 is required in addition to the present
requirement that the transition plan comply with 42 U.S.C. § 675(5)(H). See 42 Pa.C.S.
§ 6351(f)(8.2). The stated requirements for a transition plan under § 7505 are:
(1) Identification of or detailed options for a suitable place of intended
residence.
support.
education.
(2) A list, with contact information, of supportive adults and family members.
(3) Identification of local opportunities for mentorships and continuing social
(4) A plan or detailed options for employment, job training or continuing
(5) Documentation of the child's possession of relevant documents or, if the
child does not have possession of the documents, an explanation of the
reasons why the child does not have the documents and detailed
instructions on how the child may obtain the documents.
67 Pa.C.S. § 7505(B).
ermanency hearings for children over 18 are governed by Pa.R.J.C.P. 1610.
Subdivision (A)(2) of that rule requires the court to determine whether the transition plan
is consistent with Pa.R.J.C.P. 1631(e)(2). Turning to that rule, subdivision (e)(2)(i)
(“specific plans for housing”) appears to satisfy § 7505(B)(1). Subdivision (e)(2)(vi) (“a
description of any programs that would provide mentors or assistance in establishing
positive adult connections”) and subdivision (e)(2)(viii) (“a description of any other needed
support services”) appear to satisfy § 7505(B)(3). Subdivision (e)(2)(iii) (“the specific
plans for pursuing educational or vocational training goals”) and subdivision (e)(2)(iv)
(“the child’s employment goals and whether the child is employed”) appear to satisfy §
7505(B)(4). Subdivision (e)(2)(vii) (“verification that all vital identification documents and
records have been provided to the child”) appears to satisfy § 7505(B)(5).
here is one item in § 7505(B) that is not included in subdivision (e)(2): “A list, with
contact information, of supportive adults and family members.” 67 Pa.C.S. § 7505(B)(2).
Accordingly, Pa.R.J.C.P. 1631 has been amended to add subdivision (e)(2)(ix).
he Act also changes the applicability of another planned permanent living
arrangement (“APPLA”) from children 16 years old to children 18 years old. See 42
Pa.C.S. § 6351(f.1)(5)(i). This is addressed by the amendment of Pa.R.J.C.P. 1608(d)(2).
Further, for APPLA, two, rather than one, supportive adults with significant connections
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to the child’s life must be identified. See id. § 6351(f.1)(5)(ii) and (f.1)(5)(iv)(D). This is
addressed by the amendment of Pa.R.J.C.P. 1608(d)(2)(i)(C) and (d)(2)(iii)(C). Finally,
the court must also identify the specific approved APPLA. See id. § 6351(f.1)(5)(iv)(E).
This is addressed by the amendment of Pa.R.J.C.P. 1608(d)(2)(iii)(D).
n addition, the Comments accompanying Pa.R.J.C.P. 1154, 1242, 1512, and 1609
have been amended to reflect the Act of December 28, 2015, P.L. 559, No. 94.
side from stylistic revisions, the following commentary has been removed:
a.R.J.C.P. 1154
fficial 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.
ommittee 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).
Pa.R.J.C.P. 1242
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.
ommittee 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).
a.R.J.C.P. 1608
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,
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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. - (-).
Pa.R.J.C.P. 1631
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.
ommittee 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).
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hese amendments become effective October 1, 2023.
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