ALLEGHENY ALLEGHENY COUNTY COUNTY CHILDREN’S CHILDREN’S COURTCOURT Administrator, Cynthia K. Stoltz, Administrator, Cynthia K. Stoltz,

EsqEsq..A court dedicated to A court dedicated to protecting children protecting children

and promoting and promoting familiesfamilies

Child Welfare, Child Welfare, Education and the Education and the CourtsCourts

November 2-3, 2011November 2-3, 2011

Supreme Court Rules Supreme Court Rules CommitteeCommittee

The Supreme Court of Pennsylvania The Supreme Court of Pennsylvania has established eight procedural has established eight procedural rules committees to provide advice rules committees to provide advice and make recommendations for and make recommendations for rules governing particular rules governing particular substantive areassubstantive areas

Committee members are judges Committee members are judges and attorneys.and attorneys.

The Supreme Court may adopt, The Supreme Court may adopt, amend or reject any amend or reject any recommendation it receives from a recommendation it receives from a procedural rules committee. procedural rules committee.

The Court’s orders are published The Court’s orders are published for the public’s information in the for the public’s information in the same manner as committee same manner as committee proposals. proposals.

Explanatory reports or comments provide Explanatory reports or comments provide insight into committee considerations in insight into committee considerations in developing specific proposals.developing specific proposals.

Notes following the texts of final rules Notes following the texts of final rules serve as guidelines for understanding the serve as guidelines for understanding the purpose for which rules were drafted. purpose for which rules were drafted. However, this portion of the rule is not However, this portion of the rule is not officially adopted by the Supreme Court, officially adopted by the Supreme Court, nor does it constitute part of the rule.nor does it constitute part of the rule.

The Juvenile Court Procedural Rules The Juvenile Court Procedural Rules Project began in 1998 as an initiative to Project began in 1998 as an initiative to analyze national standards, case law and analyze national standards, case law and local practices to respond to changes in local practices to respond to changes in the purpose of the Juvenile Actthe purpose of the Juvenile Act

Based on the analysis and reports from Based on the analysis and reports from the project, the Supreme Court of the project, the Supreme Court of Pennsylvania established the Juvenile Pennsylvania established the Juvenile Court Procedural rules Committee on Court Procedural rules Committee on January 22, 2001.January 22, 2001.

The committee is an advisory body. Its The committee is an advisory body. Its role is to advise the Supreme Court on role is to advise the Supreme Court on matters related to the procedural rules matters related to the procedural rules governing actions for juvenile governing actions for juvenile delinquency and dependency courts.delinquency and dependency courts.

The primary goal of the committee is to The primary goal of the committee is to simplify juvenile delinquency and simplify juvenile delinquency and dependency law practice by dependency law practice by recommending new rules or recommending new rules or amendments to existing procedural amendments to existing procedural rules. rules.

The committee reviews legislation and The committee reviews legislation and monitors court decisions to ensure that monitors court decisions to ensure that the rules conform to developments in the the rules conform to developments in the law as well as to the realities of juvenile law as well as to the realities of juvenile law practice.law practice.

The committee strives to promote The committee strives to promote statewide uniformity of practice, to statewide uniformity of practice, to streamline procedures, and to encourage streamline procedures, and to encourage the prompt disposition of juvenile the prompt disposition of juvenile matters.matters.

Educational, Health Care, Educational, Health Care, and Disability and Disability AmendmentsAmendments

The majority of the rule amendments The majority of the rule amendments address the educational, health and address the educational, health and disability needs of a juvenile or child. disability needs of a juvenile or child.

The Committee spent extensive time The Committee spent extensive time discussing what types of issues the discussing what types of issues the court should address at its hearings and court should address at its hearings and in its orders.in its orders.

Pursuant to the Juvenile Act, the court shall provide Pursuant to the Juvenile Act, the court shall provide for the welfare, health, and safety of children under for the welfare, health, and safety of children under its supervision. its supervision. SeeSee 42 Pa.C.S. 42 Pa.C.S. § 6301. § 6301.

To achieve this purpose, the court must address To achieve this purpose, the court must address the basic needs of juveniles or children, which the basic needs of juveniles or children, which include: educational, health care, and disability include: educational, health care, and disability needs.needs.

Educational, health care, and disability needs of Educational, health care, and disability needs of juveniles or children in the system must be met in order juveniles or children in the system must be met in order to ensure their welfare, health, and safety. The court’s to ensure their welfare, health, and safety. The court’s role in addressing these needs is not merely a matter of role in addressing these needs is not merely a matter of best practice, but rather an best practice, but rather an essential componentessential component to to ensuring the fundamental needs of juveniles or children ensuring the fundamental needs of juveniles or children under its supervision are addressed.under its supervision are addressed.

With the amendments regarding health care With the amendments regarding health care and disability, the court must ensure that and disability, the court must ensure that juveniles’ or children’s health care and juveniles’ or children’s health care and disability needs are identified, monitored, disability needs are identified, monitored, and addressed, and that children with and addressed, and that children with disabilities are receiving necessary disabilities are receiving necessary accommodations.accommodations.

As set forth in the amendments, each of As set forth in the amendments, each of these educational, health care, and disability these educational, health care, and disability needs must be addressed at each stage of needs must be addressed at each stage of the proceedings and in the court’s orders.the proceedings and in the court’s orders.

With the amendments regarding education, the With the amendments regarding education, the Rules effectively address the educational needs Rules effectively address the educational needs by focusing on three key issues at every stage by focusing on three key issues at every stage of the court proceedings:of the court proceedings:

1. Minimizing school changes;1. Minimizing school changes; 2. Ensuring that a juvenile or child is 2. Ensuring that a juvenile or child is

attending school, attending school, receiving educational receiving educational services, and making progress services, and making progress toward toward graduation;graduation;

3. Ensuring that each juvenile or child has a 3. Ensuring that each juvenile or child has a legally legally authorized educational decision authorized educational decision maker.maker.

Education Decision MakerEducation Decision Maker New Rules 147 and 1147 provide for the appointment New Rules 147 and 1147 provide for the appointment

and duties of an educational decision maker. If, at any and duties of an educational decision maker. If, at any time, the court determines a juvenile or a child is in time, the court determines a juvenile or a child is in need of an educational decision maker, the court shall need of an educational decision maker, the court shall appoint an appropriate person to fulfill this role.appoint an appropriate person to fulfill this role.

This should be a rare occurrenceThis should be a rare occurrence. The Comments to . The Comments to Rules 147 and 1147 explain that a Court Rules 147 and 1147 explain that a Court is not is not to to appoint an EDM if there is a parent, guardian or other appoint an EDM if there is a parent, guardian or other authorized person who is competent, willing, and authorized person who is competent, willing, and available to make decisions regarding the available to make decisions regarding the juvenile's/child’s education juvenile's/child’s education andand who is acting in the who is acting in the juvenile’s/child’s best interest regarding all educational juvenile’s/child’s best interest regarding all educational matters.matters.

As early as the detention and shelter care As early as the detention and shelter care hearing, pursuant to Rules 242 and 1242, hearing, pursuant to Rules 242 and 1242, the court must inquire about any special the court must inquire about any special needs of the juvenile or child. Then, as needs of the juvenile or child. Then, as the case progresses to the dispositional, the case progresses to the dispositional, dispositional review, commitment review, dispositional review, commitment review, and permanency hearings, pursuant to and permanency hearings, pursuant to Rules 512, 515, 610, 1512, and 1609, the Rules 512, 515, 610, 1512, and 1609, the court must ensure that the identified court must ensure that the identified needs are addressed during the hearing needs are addressed during the hearing and in its order.and in its order.

Unless limited by the Court in its appointment order, Unless limited by the Court in its appointment order, and EDM is responsible for and EDM is responsible for makingmaking all educational all educational decisions regarding a juvenile’s/child’s education. The decisions regarding a juvenile’s/child’s education. The duties and responsibilities of the EDM, as set forth in duties and responsibilities of the EDM, as set forth in Rules 147 and 1147 are extensive.Rules 147 and 1147 are extensive.

For non-special education juveniles/children, the EDM For non-special education juveniles/children, the EDM can be any responsible adult, including a family can be any responsible adult, including a family member, family friend, CASA or current or former foster member, family friend, CASA or current or former foster parent.parent.

If the juvenile/child is, or may be, eligible for special If the juvenile/child is, or may be, eligible for special education, the federal I.D.E.A. provides that the EDM education, the federal I.D.E.A. provides that the EDM can NOT be a Caseworker, School or Placement Facility can NOT be a Caseworker, School or Placement Facility staff.staff.

The Court must begin looking at educational The Court must begin looking at educational issues as early as possible in every case.issues as early as possible in every case.

Under Rule 1242, the Court must now determine Under Rule 1242, the Court must now determine at the shelter care hearingat the shelter care hearing whether there are whether there are any special needs of the child that have been any special needs of the child that have been identified and that the court deems necessary to identified and that the court deems necessary to address while the child is in shelter care.address while the child is in shelter care.

The Comment to Rule 1242 explains that The Comment to Rule 1242 explains that “special needs” may include a child’s “special needs” may include a child’s educational stability, needs concerning early educational stability, needs concerning early intervention, remedial services, health care and intervention, remedial services, health care and disability. disability.

The Comment also notes that if the court The Comment also notes that if the court determines that the child is in need of an EDM, determines that the child is in need of an EDM, the court shall appoint an EDM.the court shall appoint an EDM.

Under Rule 1512, the Court at the Under Rule 1512, the Court at the dispositional hearing for a dependent dispositional hearing for a dependent child, must, child, must, on the record in open courton the record in open court, , state any findings necessary to ensure state any findings necessary to ensure the stability and appropriateness of the the stability and appropriateness of the child’s education and, when appropriate, child’s education and, when appropriate, the court shall appoint an EDM. Under the court shall appoint an EDM. Under Rule 1515, the Dispositional Order must Rule 1515, the Dispositional Order must include any such findings.include any such findings.

Rules 513 and 1154 require that the Rules 513 and 1154 require that the juvenile probation officer or the guardian juvenile probation officer or the guardian ad litemad litem make specific recommendations make specific recommendations concerning these needs. Rule 1154 was concerning these needs. Rule 1154 was added to Rule 1800 (3), which suspends added to Rule 1800 (3), which suspends § § 6311 (B)(9) of the Juvenile Act when there 6311 (B)(9) of the Juvenile Act when there is a conflict of interest for the guardian is a conflict of interest for the guardian ad ad litemlitem in communicating the child’s wishes in communicating the child’s wishes and the recommendation relating to the and the recommendation relating to the appropriateness and safety of the child’s appropriateness and safety of the child’s placement and services.placement and services.

Other Amendments: Other Amendments: Ex parte, Ex parte, Least Least Restrictive/Reasonable Efforts, Restrictive/Reasonable Efforts, Stating Disposition.Stating Disposition.

The other proposed amendments to these The other proposed amendments to these rules relate to rules relate to ex parteex parte communications, the communications, the least restrictive placement, reasonable least restrictive placement, reasonable efforts made to prevent placement, and the efforts made to prevent placement, and the requirement of the court to state its requirement of the court to state its disposition on the record. In addition, Rules disposition on the record. In addition, Rules 512, 515, 1512, and 1515 were slightly 512, 515, 1512, and 1515 were slightly restructured to place all the findings restructured to place all the findings provisions in the hearing Rules 512 and 1512, provisions in the hearing Rules 512 and 1512, rather than in the orders Rules 515 and 1515. rather than in the orders Rules 515 and 1515.

Ex parte Ex parte CommunicationsCommunications When the Committee published its proposal When the Committee published its proposal

on on ex parte ex parte communications, it proposed communications, it proposed adding adding ex parteex parte provisions to particular provisions to particular Rules. The Committee received several Rules. The Committee received several requests for one general rule that covers all requests for one general rule that covers all proceedings instead of prohibiting proceedings instead of prohibiting ex parteex parte communication in specific rules, such as communication in specific rules, such as Rule 512 and 1512. These modifications Rule 512 and 1512. These modifications provide one rule for each set of proceedings, provide one rule for each set of proceedings, delinquency and dependency, that govern delinquency and dependency, that govern ex ex parte parte communication for all proceedingscommunication for all proceedings..

Least Least Restrictive/Reasonable Restrictive/Reasonable effortsefforts

The Juvenile Act requires that the court order the least The Juvenile Act requires that the court order the least restrictive disposition that is consistent with the protection of restrictive disposition that is consistent with the protection of the public and best suited to the juvenile’s treatment, the public and best suited to the juvenile’s treatment, supervision, rehabilitation, and welfare. supervision, rehabilitation, and welfare. SeeSee 42 Pa.C.S. 42 Pa.C.S. § § 6352. The amendment reflecting this provision of the 6352. The amendment reflecting this provision of the Juvenile Act can be found in Rule 512.Juvenile Act can be found in Rule 512.

The Committee also noted that courts, when placing a The Committee also noted that courts, when placing a juvenile or child, are not explaining juvenile or child, are not explaining whywhy there are no less there are no less restrictive alternatives available in their orders the amended restrictive alternatives available in their orders the amended Rule requires that courts must state specific reasons for Rule requires that courts must state specific reasons for placing a juvenile or child, rather than merely a statement placing a juvenile or child, rather than merely a statement that there are no less restrictive alternatives available. that there are no less restrictive alternatives available. These amendments can be found in Rules 1240, 1242, and These amendments can be found in Rules 1240, 1242, and 1512.1512.

These amendments are also consistent with the These amendments are also consistent with the Recommendations of the Interbranch Commission on Juvenile Recommendations of the Interbranch Commission on Juvenile Justice.Justice.

Stating Its Disposition on Stating Its Disposition on the Recordthe Record

The Committee received a recommendation from the The Committee received a recommendation from the Pennsylvania Children’s Roundtable Dependency Pennsylvania Children’s Roundtable Dependency Benchbook Committee concerning the court orally Benchbook Committee concerning the court orally stating its dispositions on the record. The Committee stating its dispositions on the record. The Committee debated what needed to be stated orally in open court debated what needed to be stated orally in open court and what could be placed in the dispositional order.and what could be placed in the dispositional order.

While the Committee was considering this matter, the While the Committee was considering this matter, the Interbranch Commission was formed and began Interbranch Commission was formed and began conducting its hearings. The same issue of stating the conducting its hearings. The same issue of stating the disposition on the record began to emerge. In the disposition on the record began to emerge. In the Commission’s Report, it is recommended that the Commission’s Report, it is recommended that the CommentComment to Rule 512 be modified to include the factors to Rule 512 be modified to include the factors of the Juvenile Act, which the court should address when of the Juvenile Act, which the court should address when it states its reasons for the disposition.it states its reasons for the disposition.

These factors are included in the These factors are included in the CommentComment. In . In addition, the Rule provides that at the dispositional addition, the Rule provides that at the dispositional hearing, the court shall state on the record its hearing, the court shall state on the record its findings and conclusions of law that formed the findings and conclusions of law that formed the basis of its decision. If the juvenile is placed out-basis of its decision. If the juvenile is placed out-of-home, the court shall impose the least of-home, the court shall impose the least restrictive placement that is consistent with the restrictive placement that is consistent with the protection of the public and best suited to the protection of the public and best suited to the juveniles’ treatment, supervision, rehabilitation, juveniles’ treatment, supervision, rehabilitation, and welfare.and welfare.

These amendments are consistent with the These amendments are consistent with the Findings and Recommendations of the Interbranch Findings and Recommendations of the Interbranch Commission.Commission.

Time for ChangeTime for Change Pennsylvania has experienced a significantly changed Pennsylvania has experienced a significantly changed

environment, focused on achieving educational success environment, focused on achieving educational success for for children in the child welfare and juvenile justice children in the child welfare and juvenile justice systems.systems. oo            Legislation (Fostering Connections, McKinney-Vento)Legislation (Fostering Connections, McKinney-Vento) oo            Changes in Case Practice/PlanningChanges in Case Practice/Planning oo            System-wide sense of urgency around education System-wide sense of urgency around education

issuesissues

    The changes in Pennsylvania’s procedural rules grew The changes in Pennsylvania’s procedural rules grew out of this dynamic environment and have already out of this dynamic environment and have already impacted case planning practices, courtroom practice, impacted case planning practices, courtroom practice,

and stakeholder accountability and collaboration.and stakeholder accountability and collaboration.

CHILDREN’S CHILDREN’S COURTCOURT

Cynthia K. Stoltz, Esq., AdministratorCynthia K. Stoltz, Esq., Administrator

Fifth Judicial District of PennsylvaniaFifth Judicial District of Pennsylvania

440 Ross Street, Suite 5000440 Ross Street, Suite 5000

Pittsburgh, PA 15219Pittsburgh, PA 15219

Phone: 412-350-0377Phone: 412-350-0377

Fax: 412-350-0375Fax: 412-350-0375

www.alleghenycourts.us/familywww.alleghenycourts.us/family