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Rule 1240 Shelter Care Application

Chapter 12: Commencement of Proceedings, Emergency, Custody, and Pre-adjudicatory Placement

(a) Filings. A shelter care application may be oral or in writing. If oral, the county agency shall file a written shelter care application within 24 hours of exercising protective custody pursuant to Rule 1210.

(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. § 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.

Amendment history: The provisions of this Rule 1240 amended April 29, 2011, effective July 1, 2011, 41 Pa.B. 2413; amended July 13, 2015, effective October 1, 2015, 45 Pa.B. 3987; amended December 23, 2024, effective July 1, 2025, 55 Pa.B. 244; amended December 23, 2024, effective July 1, 2025, 55 Pa.B. 4524. Immediately preceding text appears at serial pages (422189) to (422190).