Notification of Shelter Care Hearing

(a) Generally . The applicant for the shelter care hearing shall notify the following persons of the date, time, and place of the shelter care hearing: (1) the child; (2) the guardian(s) of the child; (3) the attorney for the child; (4) the attorney(s) for the guardian(s); (5) the attorney for the county agency; (6) the county agency; (7) the potential kinship care resource, if the child is removed from home or removal has been requested; and (8) any other appropriate person. (b) Counsel . The guardian of the child shall be notified of the right to counsel immediately after a child is taken into protective custody and before a shelter care hearing. Comment: 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). Source The provisions of this Rule 1241 amended December 1, 2025, effective July 1, 2026, 55 Pa.B. 8357. Immediately preceding text appears at serial pages (424276) to (424277). (1) the child; (2) the guardian(s) of the child; (3) the attorney for the child; (4) the attorney(s) for the guardian(s); (5) the attorney for the county agency; (6) the county agency; (7) the potential kinship care resource, if the child is removed from home or removal has been requested; and (8) any other appropriate person. (b) Counsel . The guardian of the child shall be notified of the right to counsel immediately after a child is taken into protective custody and before a shelter care hearing. Comment: 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). Source The provisions of this Rule 1241 amended December 1, 2025, effective July 1, 2026, 55 Pa.B. 8357. Immediately preceding text appears at serial pages (424276) to (424277). (2) the guardian(s) of the child; (3) the attorney for the child; (4) the attorney(s) for the guardian(s); (5) the attorney for the county agency; (6) the county agency; (7) the potential kinship care resource, if the child is removed from home or removal has been requested; and (8) any other appropriate person. (b) Counsel . The guardian of the child shall be notified of the right to counsel immediately after a child is taken into protective custody and before a shelter care hearing. Comment: 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). Source The provisions of this Rule 1241 amended December 1, 2025, effective July 1, 2026, 55 Pa.B. 8357. Immediately preceding text appears at serial pages (424276) to (424277). (3) the attorney for the child; (4) the attorney(s) for the guardian(s); (5) the attorney for the county agency; (6) the county agency; (7) the potential kinship care resource, if the child is removed from home or removal has been requested; and (8) any other appropriate person. (b) Counsel . The guardian of the child shall be notified of the right to counsel immediately after a child is taken into protective custody and before a shelter care hearing. Comment: 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). Source The provisions of this Rule 1241 amended December 1, 2025, effective July 1, 2026, 55 Pa.B. 8357. Immediately preceding text appears at serial pages (424276) to (424277). (4) the attorney(s) for the guardian(s); (5) the attorney for the county agency; (6) the county agency; (7) the potential kinship care resource, if the child is removed from home or removal has been requested; and (8) any other appropriate person. (b) Counsel . The guardian of the child shall be notified of the right to counsel immediately after a child is taken into protective custody and before a shelter care hearing. Comment: 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). Source The provisions of this Rule 1241 amended December 1, 2025, effective July 1, 2026, 55 Pa.B. 8357. Immediately preceding text appears at serial pages (424276) to (424277). (5) the attorney for the county agency; (6) the county agency; (7) the potential kinship care resource, if the child is removed from home or removal has been requested; and (8) any other appropriate person. (b) Counsel . The guardian of the child shall be notified of the right to counsel immediately after a child is taken into protective custody and before a shelter care hearing. Comment: 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). Source The provisions of this Rule 1241 amended December 1, 2025, effective July 1, 2026, 55 Pa.B. 8357. Immediately preceding text appears at serial pages (424276) to (424277). (6) the county agency; (7) the potential kinship care resource, if the child is removed from home or removal has been requested; and (8) any other appropriate person. (b) Counsel . The guardian of the child shall be notified of the right to counsel immediately after a child is taken into protective custody and before a shelter care hearing. Comment: 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). Source The provisions of this Rule 1241 amended December 1, 2025, effective July 1, 2026, 55 Pa.B. 8357. Immediately preceding text appears at serial pages (424276) to (424277). (7) the potential kinship care resource, if the child is removed from home or removal has been requested; and (8) any other appropriate person. (b) Counsel . The guardian of the child shall be notified of the right to counsel immediately after a child is taken into protective custody and before a shelter care hearing. Comment: 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). Source The provisions of this Rule 1241 amended December 1, 2025, effective July 1, 2026, 55 Pa.B. 8357. Immediately preceding text appears at serial pages (424276) to (424277). (8) any other appropriate person. (b) Counsel . The guardian of the child shall be notified of the right to counsel immediately after a child is taken into protective custody and before a shelter care hearing. Comment: 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). Source The provisions of this Rule 1241 amended December 1, 2025, effective July 1, 2026, 55 Pa.B. 8357. Immediately preceding text appears at serial pages (424276) to (424277). (b) Counsel . The guardian of the child shall be notified of the right to counsel immediately after a child is taken into protective custody and before a shelter care hearing. Comment: 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). Source The provisions of this Rule 1241 amended December 1, 2025, effective July 1, 2026, 55 Pa.B. 8357. Immediately preceding text appears at serial pages (424276) to (424277). Comment: 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). Source The provisions of this Rule 1241 amended December 1, 2025, effective July 1, 2026, 55 Pa.B. 8357. Immediately preceding text appears at serial pages (424276) to (424277). 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). Source The provisions of this Rule 1241 amended December 1, 2025, effective July 1, 2026, 55 Pa.B. 8357. Immediately preceding text appears at serial pages (424276) to (424277). 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). Source The provisions of this Rule 1241 amended December 1, 2025, effective July 1, 2026, 55 Pa.B. 8357. Immediately preceding text appears at serial pages (424276) to (424277). 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). Source The provisions of this Rule 1241 amended December 1, 2025, effective July 1, 2026, 55 Pa.B. 8357. Immediately preceding text appears at serial pages (424276) to (424277). 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). Source The provisions of this Rule 1241 amended December 1, 2025, effective July 1, 2026, 55 Pa.B. 8357. Immediately preceding text appears at serial pages (424276) to (424277). Source The provisions of this Rule 1241 amended December 1, 2025, effective July 1, 2026, 55 Pa.B. 8357. Immediately preceding text appears at serial pages (424276) to (424277).