(b)
Application Contents.
Every shelter care application shall set forth:
(1) the name of the applicant;
(2) the name, date of birth, and address of
the child, if known;
(3) the name
and address of the child's guardian, or if unknown, the name and address of the
nearest adult relative;
(4) the
date that the child was taken into custody;
(5) a concise statement of facts in support
of the allegation of dependency;
(6) a statement detailing family finding
efforts and:
(i) the reasonable efforts made
to prevent placement; and
(ii) why
there are no less restrictive alternatives available;
(7) a verification by the applicant that the
facts set forth in the petition are true and correct to the applicant's
personal knowledge, information, or belief, and that any false statements are
subject to the penalties of
18 Pa.C.S. ยง
4904,
relating to unsworn falsification to authorities;
(8) the signature of the applicant and the
date of the execution of the application;
(9) the whereabouts of the child unless the
county agency has determined it would pose a risk to the safety of the child or
the guardian, or disclosure is prohibited by the court; and
(10) whether the applicant has reason to know
the child is an Indian child as defined in Rule 1120.
Comment:
In lieu of a shelter care application, the county agency
may file a petition as set forth in Rule 1330.
The primary focus of the shelter care application is to
assert that protective custody is needed, and the child should remain in the
custody of the county agency. A shelter care hearing is to be held within 72
hours of taking the child into protective custody. See
Pa.R.J.C.P. 1242(d).
Pursuant to subdivision (b)(6), the application is to
contain a statement detailing the reasonable efforts made to prevent placement
and the specific reasons why there are no less restrictive alternatives
available. This statement may include information such as:
1) the circumstances of the case;
2) family finding efforts made by the county
agency;
3) contact with family
members or other kin;
4) the child's
educational, health care, and disability needs; and 5) any need for emergency
actions.
See Rule 1149 regarding family finding
requirements.
