Rule 1210. Order for Protective Custody

(a) Application of Order . The application for a court order of protective custody may be orally made; however, the request shall be reduced to writing within 24 hours. The request shall set forth reasons for the need of protective custody and include whether the applicant has reason to know the child is an Indian child as defined in Rule 1120.

(b) Finding of Court .

(1) A child may be taken into protective custody by court order when the court determines that removal of the child is necessary for the welfare and best interests of the child.

(2) At the time the court issues a protective custody order, the court shall inquire as to whether family finding efforts pursuant to Rule 1149 have been initiated by the county agency, and as to the efforts made by the applicant to determine whether the child is an Indian child and whether any participant has reason to know the child is an Indian child pursuant to Rule 1203. All responses shall be placed on the record.

(3) The order may initially be oral, provided that it is reduced to writing within 24 hours or the next court business day.

(c) Law Enforcement . The court may authorize a search of the premises by law enforcement or the county agency so that the premises may be entered into without authorization of the owner for the purpose of taking a child into protective custody.

(d) Contents of Order . The court order shall include:

(1) the name of the child sought to be protected;

(2) the date of birth of the child, if known;

(3) the whereabouts of the child, if known;

(4) the names and addresses of the guardians;

(5) the reasons for taking the child into protective custody;

(6) a finding whether reasonable efforts were made to prevent placement of the child;

(7) a finding whether the reasons for keeping the child in shelter care and that remaining in the home is contrary to the welfare and best interests of the child;

(8) findings and orders related to the requirements of Rule 1149 regarding family finding; and

(9) findings as to whether there is reason to know the child is an Indian child pursuant to Rule 1203.

(e) Execution of Order. The court shall specify:

(1) the limitations of the order;

(2) the manner in which the order is to be executed; and

(3) who shall execute the order.

Comment. See 42 Pa.C.S. § 6324 for statutory provisions concerning taking into custody. For a discussion of the due process requirements for taking a child into emergency custody, see Patterson v. Armstrong County Children and Youth Services , 141 F. Supp. 2d 512 (W.D. Pa. 2001). The court is to determine whether reasonable efforts, including services and family finding efforts, were made to prevent placement or in the case of an emergency placement where services were not offered and could not have prevented the necessity of placement, whether this level of effort was reasonable due to the emergency nature of the situation, safety considerations and circumstances of the family. See 42 Pa.C.S. § 6332. See also In re Petition to Compel Cooperation with Child Abuse Investigation , 875 A.2d 365 (Pa. Super. 2005). The court is required to inquire and determine whether any participants have reason to know whether the child is an Indian child. The court is also required to advise the participants of their obligation to report to the court if they subsequently receive information that provides a reason to know the child is an Indian child. See Pa.R.J.C.P. 1203. Pursuant to subdivision (d)(8), the county agency should be looking for family and kin as a resource to aid and assist the family to prevent removal of the child from the home. When removal of the child is necessary, placement with family and kin will help reduce the potential trauma of the removal from the home. See Rule 1149 regarding family finding requirements.