A. Re-filing. A petition may be re-filed after the petition has been withdrawn pursuant to Rule 1335 or dismissed by the court.

B. Motion for dismissal. The court may entertain a motion by any party to dismiss the re-filed petition.

Comment

If a petition is re-filed, the procedures of Rule 1330 are to be followed. It may be necessary to have a shelter care hearing under the procedures of Rule 1242.

Official Note

Rule 1336 adopted August 21, 2006, effective February 1, 2007.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1336 published with the Court’s Order at 36 Pa.B. 5599 (September 2, 2006).