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YORK COUNTY

Amendment of Local Rules of Juvenile Procedure; CP-67-AD-0031-2016

[46 Pa.B. 6967]
[Saturday, November 5, 2016]

Administrative Order Amending York County
Local Rules of Juvenile Procedure

And Now, this 19th day of October, 2016, it is Ordered that York County Local Rules of Juvenile Procedure are hereby amended as follows, effective January 1, 2017:

 New rules 102, 167, and 1210 are adopted.

 Existing rules 1124, 1135, 1167, 1331, and 1604 are amended as indicated.

 Existing rules 1101, 1102, 1120, and 1200 are rescinded.

 The District Court Administrator shall publish this order as may be required.

By the Court

JOSEPH C. ADAMS, 
President Judge

York R.J.C.P. 102. Citing the Juvenile Court Procedural Rules.

These Rules shall be known as the York County Rules of Juvenile Court Procedure and may be cited as ''York R.J.C.P. __ ''.

 (new rule effective 01/01/2017)

York R.J.C.P. 167. Filings and Service of Court Orders and Notices.

Pursuant to Pa.R.J.C.P. 167(B), the court, court chambers staff, the clerk of courts, the district court administrator, the department of probation services, and the solicitor for the office of children, youth and families are all authorized to perform service of any document upon any party.

 (new rule effective 01/01/2017)

[YCDep. 1101. Liberal Construction and Application of Rules.

A. These rules shall be liberally . . .

. . .

C. The court may suspend the . . . that the order is inconsistent.]

 (rescinded in its entirety effective 01/01/2017)

[YCDep. 1102. Title and Citation of Rules.

These Rules shall be known . . . may be cited as ''YCDep. __ ''.]

 (rescinded in its entirety effective 01/01/2017)

[YCDep. 1120. Definitions.

Unless otherwise expressly stated, as . . . and deputies and employees thereof.]

 (rescinded in its entirety effective 01/01/2017)

[YCDep.] York R.J.C.P. 1124. [Service of] Summons.

 A summons and any application, including an application for emergency custody, filed on behalf of the Agency may be served by counsel for the Agency, in any manner provided in Pa.R.J.C.P. [1124(B)] 1124(B) or Pa.R.J.C.P. [1331B] 1331(B). An affidavit of service shall be filed with the Clerk of Courts prior to the proceeding.

 (amended effective 01/01/2017)

[YCDep.] York R.J.C.P. 1135. Captions[, Form and Filing of Applications, Papers and Affidavits:].

[(A)] (A) All pleadings, applications, documents and affidavits which are not expressly regulated as to form by Act of Assembly or are forms or documents routinely used or prepared by the courts or court-related agencies, shall conform to the Pennsylvania Rules of Juvenile Court [— Dependency], and to these Rules.

[(1) An application for emergency custody shall have attached to it a cover sheet containing such information and shall be in such form as the first page of the form Dependency Petition recommended by the Administrative Office of Pennsylvania Courts.

(2) A petition for dependency shall contain at least as much information and shall be in such form as the form Dependency Petition recommended by the Administrative Office of Pennsylvania Courts. (Note: See www.aopc.org and select ''UJS Forms'', then ''Dependency Forms''.)

(3)] (1) The original of all pleadings, applications, documents and affidavits, and any responses thereto, except forms preprinted by the court, to be presented to and filed with the Court, shall be [backed by and] securely fastened in a document cover [using binder clips]. No original document shall be fastened with staples.

[(4) The use of plastic strips is prohibited.

(5)] (2) Exhibit tabs, if any, shall be placed at the bottom of a document.

[(6)] (3) Filings already of record may be referenced in any subsequent document to be filed, but shall not be attached to the original document to be filed.

[(7) Copies of any documents to be provided to the court and opposing parties shall have staples securely covered with no sharp or protruding edges of any kind.

(8) The first page of any document, other than a petition for dependency and the cover page for an application for emergency custody, to be presented to and filed with the Court shall have a three inch margin at the top of the first page, and each subsequent page shall have at least a two inch margin at the top of the page.]

[(B] (B) Any document signed by a party for filing shall contain under the signature line the name, address, and telephone number of the party, and the facsimile number, e-mail address, and, if applicable, Pennsylvania or other state bar identification number. When listing the bar identification number, the state's postal abbreviation shall be used as a prefix (e.g., PA 12345; NY 246810).

(C) Any party filing an application or other document which requires the signature of a judge or action by the court, including an emergency custody application filed in a dependency action or a dependency petition, shall first file the original document with the clerk of courts.

[(1) The moving party shall cause a copy of the document requiring action to be delivered to the Court Administrator for assignment to a judge.

(2)]An original proposed order, with a brief title describing the nature of the proposed order (as examples: ''Summons'', ''Order Scheduling Hearing,'' etc.) shall accompany each document, but shall not be fastened [together] to the other documents. [No proposed orders shall be filed with the Clerk with the original application.

(3) Sufficient copies of the proposed order for conforming, for return to the applicant and for service on all other parties shall accompany each document delivered to the Court Administrator for assignment to a judge.

(4) Once a document is considered by a judge, the original of any resulting summons, order or notice shall be filed by the judge with the Clerk and the judge shall make copies of the summons, order or notice available for return to the moving party for service on all other parties.

D] (D) Documents shall not be sent by facsimile to a judge or to the district court administrator without leave of court.

 (amended effective 01/01/2017)

[YCDep. 1167B] York R.J.C.P. 1167. Filings and Service of Court Orders and Notices.

[Notices of hearings or other court proceedings may be served by counsel for the Agency in any manner provided in Pa.R.J.C.P. 1167B(3).] Pursuant to Pa.R.J.C.P. 1167(B), the court, court chambers staff, the clerk of courts, the district court administrator, the department of probation services, and the solicitor for the office of children, youth and families are all authorized to perform service of any document upon any party. An affidavit of service shall be filed with the clerk of courts prior to the proceeding.

 (amended effective 01/01/2017)

[YCDep. 1200. Commencing Proceedings.

A. Proceedings commenced by the filing . . .

. . .

D. In the event that an . . . time, by the Court Administrator.]

 (rescinded in its entirety effective 01/01/2017)

York R.J.C.P. 1210. Order for Protective Custody.

Counsel for the office of children, youth and families shall file any application for emergency protective custody and a proposed order with the clerk of courts. Unless filed electronically, the application shall be accompanied by a clerk's rush form. If the moving party obtained an oral order, the application of emergency protective custody must be filed prior to 4:00 p.m. the next business day after the order was orally issued.

 (new rule effective 01/01/2017)

[YCDep.] York R.J.C.P. 1331. Service of Petition.

 A petition filed on behalf of the [Agency] office of children, youth and families may be served by [counsel for the Agency in any manner provided in Pa.R.J.C.P. 1331B. An affidavit of service shall be filed with the Clerk prior to the adjudicatory hearing] that office's solicitor.

 (amended effective 01/01/2017)

[YCDep.] York R.J.C.P. 1604. [Service of Foster Parent Reports] Submission of Reports—Designation by President Judge.

[A report required to be served on parties pursuant] Pursuant to Pa.R.J.C.P. [1604 shall be served upon the Clerk of Courts, or the Clerk's designee or such other person that the President Judge may designate from time to time by administrative order] 1604(B), the clerk of courts is designated to receive reports, including resource parent reports.

 (amended effective 01/01/2017)

[Pa.B. Doc. No. 16-1898. Filed for public inspection November 4, 2016, 9:00 a.m.]



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