Rule Text
The court shall enter findings, within seven days of hearing the evidence on the petition or accepting stipulated facts by the parties:
(a) by specifying which, if any, allegations in the petition were proved by clear and convincing evidence;
(b) as to whether the county agency has reasonably engaged in family finding as required pursuant to Rule 1149; and
(c) as to the efforts made by the county agency 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.
Amendment history: The provisions of this Rule 1408 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 page (422202).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
After a hearing in a juvenile dependency case, the judge has seven days to write up official findings. These findings address several key questions from the case.
The judge must state which specific claims in the petition were proven with clear and convincing evidence. This is a fairly high standard of proof, meaning the evidence must strongly support that the claims are true.
The judge also must look at two things the county agency was supposed to do. First, did the agency make real efforts to find family members who could help or care for the child? Second, did the agency try to find out if the child is a Native American child? This matters because special federal laws apply when a Native American child is involved in a dependency case.
Committee Notes
The court is to specify which allegations in the petition are the bases for the finding of dependency.
Pursuant to subdivision (b), the court is to determine whether the county agency has reasonably engaged in family finding in the case. The county agency will be required to report its diligent family finding efforts at subsequent hearings. See Rule 1149 for requirements of family finding. See also Rules 1210(d)(8), 1242(e)(3), 1512(D)(1)(h), 1514(a)(4), 1608(d)(1)(viii), and 1610(D) and their Comments for the court’s findings as to the county agency’s satisfaction of the family finding requirements and Rules 1242(e)(3), 1409(c), 1609(D), and 1611(C) and Comments to Rules 1242, 1409, 1512, 1514, 1515, and 1608—1611 on the court’s orders.
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.
