237 Pa. Code r. 1408 - Findings on Petition

The court shall enter findings, within seven days of hearing the evidence on the petition or accepting stipulated facts by the parties:

(a) by specifying which, if any, allegations in the petition were proved by clear and convincing evidence;

(b) as to whether the county agency has reasonably engaged in family finding as required pursuant to Rule 1149; and

(c) as to the efforts made by the county agency to determine whether the child is an Indian child and whether any participant has reason to know the child is an Indian child pursuant to Rule 1203.

Comment:

The court is to specify which allegations in the petition are the bases for the finding of dependency.

Pursuant to subdivision (b), the court is to determine whether the county agency has reasonably engaged in family finding in the case. The county agency will be required to report its diligent family finding efforts at subsequent hearings. See Rule 1149 for requirements of family finding. See also Rules 1210(d)(8), 1242(e)(3), 1512(D)(1)(h), 1514(a)(4), 1608(d)(1)(viii), and 1610(D) and their Comments for the court's findings as to the county agency's satisfaction of the family finding requirements and Rules 1242(e)(3), 1409(c), 1609(D), and 1611(C) and Comments to Rules 1242, 1409, 1512, 1514, 1515, and 1608 -1611 on the court's orders.

The court is required to inquire and determine whether any participants have reason to know whether the child is an Indian child. The court is also required to advise the participants of their obligation to report to the court if they subsequently receive information that provides a reason to know the child is an Indian child. See Pa.R.J.C.P. 1203.

Notes

237 Pa. Code r. 1408

The provisions of this Rule 1408 amended July 13, 2015, effective 10/1/2015, 45 Pa.B. 3987. Amended by Pennsylvania Bulletin, Vol 55, No. 02. January 11, 2025, effective 7/1/2025