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PA Bulletin, Doc. No. 10-581

THE COURTS

ERIE COUNTY

In Re: Rule of Juvenile Court Procedure Rule 1210; Miscellaneous No. MD 98 of 2010

[40 Pa.B. 1730]
[Saturday, April 3, 2010]

Adopting Order

 And Now, to wit, this 15th day of March, 2010, it is hereby Ordered that Erie County Rule of Juvenile Court Procedure 1210, Order for Protective Custody, is hereby adopted as a Rule of this Court, effective thirty (30) days after the date of its publication on the UJS Portal and in the Pennsylvania Bulletin.

ERNEST J. DiSANTIS, Jr., 
President Judge

Rule 1210. Orders for Protective Custody.

 It appearing that under the Juvenile Act, 42 Pa.C.S.A. Section 6301 et seq (1987 Supp.) there are instances where children need to be detained by the Erie County Office of Children and Youth (OCY) and be placed in a safe environment under the aforesaid Act, and

 It further appearing that on many occasions the Court is not in session and/or said detention is necessary outside the normal work hours for the Court, and

 It further appearing that the County of Erie OCY is required to furnish services on a twenty-four (24) hour basis, and

 It further appearing that: Solicitors, Amy Jones, Esq., Eric Hackwelder, Esq., Alicia Barney-Duck, Esq., Anthony Vendetti, Esq.; Court Coordinators, Barbara Monteith, Tiffany Niedzielski and Brianne Baran; are the authorized representatives for the Erie County OCY to contact the Court for the obtaining of emergency orders for said agency, and

 It further appearing there are times and situations in which it is physically impossible to obtain a written order signed where immediate action is absolutely essential for the safety of the child or children involved, and

 It further appearing that the several Judges of the Court of Common Pleas have made themselves available via phone so that verbal orders may be obtained by the above noted authorized representatives of the County of Erie OCY.

 Now Therefore, it is hereby Ordered and Decreed as follows:

 1) Whenever the situation arises where a child needs to be detained by OCY on an emergency basis, said authorized representatives of OCY may contact one of several judges of the Court of Common Pleas of Erie County, Pennsylvania, to obtain a verbal order under said Juvenile Act which shall be a valid and binding order.

 2) On the morning of the next business day of the Court, OCY will obtain a confirmatory written order from the Judge issuing the verbal order authorizing said detention.

 3) All law enforcement agencies of Erie County, Pennsylvania are to honor these verbal orders. In the event that the services of a law enforcement agency are required in the detention of said child or children, that law enforcement agency shall be provided a copy of the confirmatory written court order obtained on the next business day of the court.

[Pa.B. Doc. No. 10-581. Filed for public inspection April 2, 2010, 9:00 a.m.]


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