Rule 1241 Notification of Shelter Care Hearing

Notice should be as timely as possible. Because there is a 72-hour time restriction, notice may be oral. Every possible attempt to notify all parties is to be made. It is not sufficient to notify only one guardian. All guardians are to be notified. See In re M.L., 757 A.2d 849 (Pa. 2000).

The hearing may go forward if a guardian is not present. However, if a guardian has not been notified, a rehearing is to be ordered under Rule 1243 upon submission of an affidavit by the guardian.

The court is to direct the county agency to provide the child’s foster parent, preadoptive parent, relative providing care for the child, or a potential kinship care resource with timely notice of the hearing. See 42 Pa.C.S. § 6336.1.

Regarding subdivision (a)(7), see 42 Pa.C.S. § 6302 for the definition of ‘‘potential kinship care resource.’’ Once a potential kinship care resource has addressed the court as to the individual’s qualifications, the court is to decide whether the potential kinship care resource may receive notice of, or participate in, future hearings. See Pa.R.J.C.P. 1242(c)(7). If the court decides that the potential kinship care resource is not to receive notice of future hearings, notice to that individual is no longer required.

If a court appointed special advocate is involved in the case, the court appointed special advocate is to be notified as any other appropriate person pursuant to subdivision (a)(8).