Termination of court supervision does not automatically end when a dependent person “ages out”. The law requires specific requirements to be met for a court to terminate supervision of that person.
Recently, the Pennsylvania Superior Court vacated a trial court’s decision to terminate court supervision earlier this year because the child was not transitioned adequately according to the law.
In the Int. of R.P., 2025 PA Super 189
In In the Int. of R.P., 2025 PA Super 189, R.P. (the dependent person) was born in December 2003 and was removed from his adoptive mother’s home in 2014 due to concerns about excessive discipline and insufficient nutrition. That year, R.P. was adjudicated dependent and experienced multiple placements, including treatment foster care, residential treatment facilities, and group homes. R.P. was diagnosed with autism and bipolar disorder and struggled with behavioral issues, employment, and education. At the time of the January 2025 hearing, R.P. was 21 years old and living with Foster Mother, who testified that she could not continue to care for him without the Department of Human Services (DHS) support. DHS responded that because R.P. was 21, the court could not force them to continue supervision and requested that supervision of R.P. be terminated. The trial court granted DHS’ request and terminated supervision of R.P. for “aging out” without DHS providing a sufficient “transition plan”.
Pennsylvania Law on Termination of Supervision
A Pennsylvania court can terminate court supervision of a dependent person who has turned 18 when there are specific requirements for a transition plan are met. Pa.R.J.C.P. 1631(e)(2) lists the specific requirements that must be in the transition plan the county must provide the court with:
(i) the specific plans for housing; (ii) a description of the child’s source of income; (iii) the specific plans for pursuing educations or vocational training goals; (iv) the child’s employment goals and whether the child is employed; (v) a description of the health insurance plan that the child is expected to obtain and any continued health or behavioral health needs of the child; (vi) a description of any available programs that would provide mentors or assistance in establishing positive adult connections; (vii) verification that all vital identification documents and records have been provided to the child; (viii) a description of any other needed support services; (ix) a list, with contact information, of supportive adults and family members; and (x) notice to the child that the child can request resumption of juvenile court jurisdiction until the child turns 21 years of age if specific condition are met.
Pa.R.J.C.P. 1631(e)(2)
The transition plan that DHS presented to the court was missing key components, including life-sharing referrals, SSI eligibility, and IDS waiver eligibility. The trial court ended supervision without satisfying the above requirements, which resulted in the Superior Court vacating the order of supervision termination. The trial court then required DHS to correct the transition plan to meet the standards in Pa.R.J.C.P. 1631(e)(2).
Facing a Rule 1631 Discharge without a Plan? We Can Help.
If the court or DHS is planning to end supervision for someone you care about after age 18 without an approved Rule 1631 transition plan, contact our firm immediately for a case evaluation. We’ll review the record, work with DHS to develop a compliant plan that meets the person’s needs, and, when necessary, seek corrective relief on appeal. Schedule a meeting today to protect their rights before a discharge order is issued.
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