Rule Text
(a) Hearing. The court shall conduct a hearing within 14 days of the presentation of the application for a petition to determine:
(1) if there are sufficient facts alleged to support a petition of dependency;
(2) the efforts made by the applicant 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; and
(3) whether the person applying for the petition is a proper party to the proceedings.
(b) Findings.
(1) The court shall make a finding as to whether there is reason to know the child is an Indian child pursuant to Rule 1203.
(2) If the court finds sufficient facts to support a petition of dependency, then the applicant may file a petition pursuant to Rule 1330.
(3) If the court finds the person making the application for a petition is a proper party to the proceedings, then the person shall be afforded all rights and privileges given to a party pursuant to law.
(c) Joinder. Following grant of an application under this rule, the county agency shall be joined as a party in any further proceedings upon filing and service of a private petition pursuant to Rules 1330 and 1331.
Amendment history: The provisions of this Rule 1321 amended May 16, 2017, effective July 1, 2017, 47 Pa.B. 3079; 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 (422196) to (422197).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When someone other than a government agency wants to file a dependency petition (a request for the court to find a child needs protection), a judge must hold a hearing within 14 days. At that hearing, the judge looks at three things: whether the facts support a dependency case, whether the child might be a Native American child under specific legal rules, and whether the person asking to file the petition has the right to be involved in the case.
After the hearing, the judge makes official findings based on what was reviewed. If the facts are strong enough to support a dependency case, the person can move forward and file a formal petition. If the judge also finds that the person is a proper party, they get the same legal rights as any other party in the case.
Once a private petition is filed, the county child welfare agency must be brought into the case as a party. This means the government agency responsible for child welfare will be involved in all future court proceedings, even though a private person started the case.
Committee Notes
Under subdivision (a), at a hearing, the court is to determine if: 1) there are sufficient facts alleged to support a petition of dependency; and 2) the applying person is a proper party to the proceedings. A petition of dependency may go forward regardless of whether the applicant is determined to be a party to the proceedings.
If a child is in custody, the hearing under subdivision (a) may be combined with the shelter care hearing pursuant to Rule 1242.
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.
