55 Pa. Code § 3130.74 - Petitions, or motions for court approval filed with the court
(a) The county
agency shall file a petition or motion for court approval prior to a change in
a court-ordered goal, placement, visitation or service.
(b) Petitions or motions, including petitions
for placement reviews and dispositional review hearings, shall clearly state
the agency's recommendation about each issue before the court and the factual
allegations supporting each recommendation.
(c) A petition or motion filed with the court
shall be mailed to all parties and their counsel of record at least 15 days in
advance of a hearing thereon. The county agency will not be sanctioned by the
Department for noncompliance with the 15-day requirement of this section in
instances when the scheduling of the hearing is beyond the control of the
agency, and the agency has given as much notice as possible under the
circumstances.
(d) In an emergency
as defined in §
3130.68(b) and
(i) (relating to visiting and communication
policies), the county agency may change the child's location or visiting
arrangements prior to obtaining court approval if it files a petition or motion
with the court within 24 hours of the action taken. In these cases, the county
agency shall immediately provide date stamped copies of the petition or request
to the child's attorney, the child, if age appropriate, the child's parents or
legal guardians and their legal counsel, if known.
Notes
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