1. (a) If the county agency finds placement essential to protect the health and safety of a child, it may place the child if any of the following apply:

   1. (1) Placement of the child has been authorized by a court order issued under 42 Pa.C.S. § § 6301—6365 (relating to the Juvenile Act).
   2. (2) The county agency obtains a voluntary placement agreement under § 3130.65 (relating to voluntary placement agreement).
   3. (3) The child has been taken into custody under 42 Pa.C.S. § § 6301—6365.
2. (b) The county agency is responsible for seeking a court order which authorizes placement if it appears that placement of a child is necessary.
3. (c) The county agency shall comply with 42 Pa.C.S. § § 6301—6365 as it relates to the taking of custody, filing of petitions, presenting the child for hearings, giving testimony and obtaining court orders.

Authority

The provisions of this § 3130.64 amended under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § § 201—211, 701—774, 901—922 and 1001—1080).

Source

The provisions of this § 3130.64 amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial page (109557).

Notes of Decisions

Dependency

Considering enormous implications of dependency finding, such a determination can only be made in compliance with statutory requirements regarding dependency determinations and cannot be made by trial court sua sponte without petition for dependency having been filed. Fallaro v. Yeager, 528 A.2d 222 (Pa. Super. 1987).