Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 6351.1 (2026)

Authority of court upon petition to remove child from foster parent.

✓ current as of May 2026

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§ 6351.1. Authority of court upon petition to remove child from foster parent.

(a) Order required.--Notwithstanding sections 6324 (relating to taking into custody) and 6351(a) (relating to disposition of dependent child), if a county agency petitions the court for removal of a child because the foster parent has been convicted of an offense set forth in 23 Pa.C.S. § 6344(c) (relating to employees having contact with children; adoptive and foster parents), the court shall immediately enter an order removing the child from the foster parent.

(b) Limitation on placement.--If a court enters an order under subsection (a), the following apply:

(1) Except as set forth in paragraph (2), the court may, under section 6351(a), enter an order of disposition best suited to the child's safety; protection; and physical, mental and moral welfare.

(2) Notwithstanding section 6351(a), if the court finds that the foster parent has been convicted of an offense set forth in 23 Pa.C.S. § 6344(c), the court has no authority to place or return the child to the foster parent who was named in the petition filed by the county agency under subsection (a).

(Oct. 31, 2003, P.L.200, No.31, eff. 60 days; Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014)

2014 Amendment. Act 153 amended subsec. (a).

2003 Amendment. Act 31 added section 6351.1. Section 3 of Act 31 provided that section 6351.1 shall apply to petitions filed on or after the effective date of section 3.

Notes of Decisions

Cited in 22 cases (3 in the last 5 years), 2015–2022 · leading case: In Re: Relinquishment of: J.R. (Pa. Super. Ct. 2016).

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In Re: Relinquishment of: J.R. (Pa. Super. Ct. 2016). “(“Child”) (born in November of 2013) and changing Child’s permanency goal to adoption under Section 6351 of the Juvenile Act, 42 Pa.C.S. § 6351.1 We affirm. In February of 2013, Child came into the care of the Lackawanna County Office of Youth and Family Service (“OYFS”) due to…”

In the Interest of: S.N.M., a Minor (Pa. Super. Ct. 2016). “§ 2511, and changing the permanency goal for the Children to adoption under section 6351 of the Juvenile Act, 42 Pa.C.S. § 6351.1 We affirm. 1 S.D.M. is Mother’s third child.”

In the Interest of: K.F., a Minor (Pa. Super. Ct. 2016). “§ 2511(a)(1), (2), (5), (8), and (b), and to change Child’s permanency goal to adoption under section 6351 of the Juvenile Act, 42 Pa.C.S. § 6351.1, 2 We affirm. ____________________________________________ 1 In a separate decree dated and entered on October 8, 2015, the trial…”

In the Interest of: J.E.S., a Minor (Pa. Super. Ct. 2016). “§ 2511(a)(1), (2), (5), (8), and (b), and changing Children’s permanency goal to adoption under Section 6351 of the Juvenile Act, 42 Pa.C.S. § 6351.1 We affirm. The relevant facts and procedural history of this case are as follows: On November 17, 2013, the parties first became…”

In the Interest of: A.N.P., a Minor Appeal of: E. (Pa. Super. Ct. 2016). “§ 2511(a)(1), (2), (5), (8), and (b), and to change Child’s permanency goal from reunification to adoption under the Juvenile Act, 42 Pa.C.S. § 6351.1 We vacate and remand.”

In Re: K.S.T., a Minor (Pa. Super. Ct. 2017). “§ 2511(a)(1), (2), (5), (8) and (b), and finding the adoption of Children may continue without further notice to or consent of Mother, pursuant to the Juvenile Act, 42 Pa.C.S. § 6351.1 We affirm. The trial court set forth the factual background and procedural history of this…”

In the Interest of: D.W., a Minor (Pa. Super. Ct. 2017). “Father further appeals the order entered July 27, 2016, changing Child’s permanency goal to adoption pursuant to the Juvenile Act, 42 Pa.C.S. § 6351.1 We affirm. ____________________________________________ * Former Justice specially assigned to the Superior Court.”

In Re: Adoption of: G.F., a Minor (Pa. Super. Ct. 2017). “J-S26042-17 June 20, 2016, changing Child’s permanency goal to adoption under the Juvenile Act, 42 Pa.C.S. § 6351.1 We affirm. In its opinion entered on August 23, 2016, the trial court set forth the factual background and procedural history of this appeal, which we incorporate…”

In the Interest of: K.K.R., a Minor (Pa. Super. Ct. 2017). “J-S32032-17 (b), and changing Children’s permanency goal to adoption under the Juvenile Act, 42 Pa.C.S. § 6351.1 We affirm. On March 5, 2015, Mother and Children first became known to the Department of Human Services of Philadelphia County (“DHS”) as a result of a General…”

In the Interest of: S.E.C-B, a Minor (Pa. Super. Ct. 2017). “§ 2511 (a)(1), (2), (5), (8), and (b), and changing Children’s permanency goals to adoption under the Juvenile Act, 42 Pa.C.S. § 6351.1 We affirm the decrees of termination in part and vacate in part and vacate the orders changing Children’s permanency goals pending further…”

In the Interest of: A.F., A Minor, Appeal of: B.B. (Pa. Super. Ct. 2017). “, born in January of 2016, (“Child”) from return home to adoption pursuant to the Juvenile Act, 42 Pa.C.S. § 6351.1 We affirm. The trial court set forth the factual background and procedural history of this appeal as follows.”

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