PART C. PETITION

1. (a) Filings.

   1. (1) A dependency petition may be filed at any time; however, if a child is taken into custody, the requirements of subdivision (a)(2) shall be met.

   2. (2) Within 24 hours of the shelter care hearing, the county agency shall file a dependency petition with the clerk of courts if:

      1. (i) the child remains in protective custody pursuant to Rule 1201, 1202 or 1210; or
      2. (ii) the child is not in protective custody but it is determined at a shelter care hearing pursuant to Rule 1242 that the filing of a dependency petition is appropriate.

2. (b) Petition Contents. Every petition shall set forth plainly:

   1. (1) the name of the petitioner;
   2. (2) the name, date of birth, and address of the child, if known;
   3. (3) the name and address of the child’s guardian, or if unknown, the name and address of the nearest adult relative;
   4. (4) whether the petitioner has reason to know the child is an Indian child as defined in Rule 1120;

   5. (5) a statement:

      1. (i) that it is in the best interest of the child and the public that the proceedings be brought; and
      2. (ii) whether the child is currently under the supervision of the county agency;

   6. (6) a statement detailing family finding efforts and whether the county agency is seeking placement:

      1. (i) the reasonable efforts made to prevent placement; and
      2. (ii) why there are no less restrictive alternatives available;

   7. (7) a concise statement of facts in support of the allegations for which the petition has been filed with

      1. (i) facts for each allegation set forth separately; and
      2. (ii) the relevant statute or code section set forth specifically for each allegation;
   8. (8) a verification by the petitioner that the facts set forth in the petition are true and correct to the petitioner’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;
   9. (9) the signature of the petitioner and the date of the execution of the petition; and
   10. (10) the whereabouts of the child unless disclosure is prohibited by court order and if taken into custody, the date and time thereof.

3. (c) Aggravated Circumstances. A motion for finding of aggravated circumstances may be brought in the petition pursuant to Rule 1701(A).

   Comment:

   Petitions should be filed without unreasonable delay.

   Rule 1800 suspends 42 Pa.C.S. § 6331 only as to the time requirement of when a petition is to be filed.

   Subdivision (a)(2) requires that the county agency file a petition. Any other person, other than the county agency, is to file an application to file a petition under Rule 1320. Rule 1800 suspends 42 Pa.C.S. § 6334, which provides any person may file a petition.

   For the safety or welfare of a child or a guardian, the court may order that the addresses of the child or a guardian not be disclosed to specified individuals.

   Pursuant to subdivision (b)(6), when the county agency is seeking placement, the petition is to include the reasonable efforts made to prevent placement, including efforts for family finding, and why there are no less restrictive alternatives available. See Rule 1149 for family finding requirements. See also Rule 1242(c)(2), (c)(3)(ii)-(c)(3)(iii), and Comments to Rules 1242, 1409, 1515, and 1608—1611 for reasonable efforts determinations.

   If a petition is filed after the county agency has discontinued family finding for non-court cases, the county agency is to aver reasons for the discontinuance in the petition. See 67 Pa.C.S. § 7503.

   A motion for finding of aggravated circumstances may be brought in a dependency petition. See Pa.R.J.C.P. 1701(A). If aggravated circumstances are determined to exist after the filing of a petition, a written motion is to be filed pursuant to Rules 1701 and 1344.

   The aggravated circumstances, as defined by 42 Pa.C.S. § 6302, are to be specifically identified in the motion for finding of aggravated circumstances.

Source

The provisions of this Rule 1330 amended July 13, 2015, effective October 1, 2015, 45 Pa.B. 3987; amended November 30, 2021, effective January 1, 2022, 51 Pa.B. 7632; amended March 22, 2023, effective October 1, 2023, 53 Pa.B. 1791; 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 (422197) to (422198).