In Re: Order Approving the Amendment of Rule 1608 of the Pennsylvania Rules of Juvenile Court Procedure

Summary

This document sets out Rule 1608 of the Pennsylvania Rules of Juvenile Court Procedure concerning permanency hearings in dependency cases. It addresses the timing and recording of hearings, evidence, required judicial findings, APPLA permanency goals for older children, family and permanency plans, and related agency obligations. The text includes commentary and an amendment history through June 14, 2016.

Holdings

1. Pennsylvania courts must conduct a permanency hearing at least every six months and must make the findings and enter the orders specified in amended Rule 1608, including findings concerning placement, permanency planning, reasonable efforts, services, family finding, safety, education and health needs, sibling relationships, caregiver oversight, age-appropriate activities, and guardian visitation.
2. APPLA may not be used for a child under sixteen, and at each permanency hearing involving a child age sixteen or older with an APPLA goal, the court must consider documented efforts toward reunification, adoption, guardianship, or placement with a fit and willing relative; inquire into the child's desired permanency outcome; and state reasons why APPLA remains appropriate, compelling reasons why the alternatives are not in the child's best interests, and the full name of at least one identified supportive adult with whom the child has significant connections.
3. When a child has been in placement for fifteen of the last twenty-two months, the court may direct the county agency to file a petition to terminate parental rights.

Questions Presented

1. What requirements should govern permanency hearings under Pennsylvania Rule of Juvenile Court Procedure 1608?
2. What additional findings and inquiries are required when a child age sixteen or older has an APPLA permanency goal?

Disposition

other