§ 6357. Rights and duties of legal custodian.
A custodian to whom legal custody has been given by the court under this chapter has
the right to the physical custody of the child, the right to determine the nature
of the care and treatment of the child, including ordinary medical care and the right
and duty to provide for the care, protection, training, and education, and the physical,
mental, and moral welfare of the child. An award of legal custody shall be subject
to the conditions and limitations of the order and to the remaining rights and duties
of the parents or guardian of the child as determined by the court. The court may
award legal custody under this section on a temporary basis to an individual or agency
under section 6351(a)(2) (relating to disposition of dependent child) or permanent
basis to an individual under section 6351(a)(2.1).
(Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999)
Cross References. Section 6357 is referred to in section 6336.1 of this title.
Notes of Decisions
Brittany Morrow v. Barry Balaski (2013)
ca3
“19(b); 42 Pa. Cons.Stat. Ann. § 6357 (stating that the custodian, to whom legal custody of a child has been given by the Court of Common Pleas under the Juvenile Act, has “the right to determine the nature of the care and treatment of the child, including ordinary medical care”).”
In the Interest of: A.W., JR., a Minor (2018)
pasuperct · cites it 2×
“" 42 Pa.C.S. § 6357. If the child's parent, guardian, or custodian will not consent to the child's receipt of medical treatment, the juvenile court "may order the child to be examined at a suitable place by a physician or psychologist and may also order medical or surgical…”
C.B. v. J.B. (2013)
pasuperct
“She is a legal guardian pursuant to 42 Pa.C.S. § 6357, under which Birth Parents expressly retain certain rights and duties to their children.”
In re J.J. (2013)
pasuperct · cites it 2×
“In addition, 42 Pa.C.S. § 6357 provides a custodian to whom legal custody has been given by the court has the right to the physical custody of the child, the right to determine the nature of the care and the treatment of the child, including ordinary medical care and the right…”
In Interest of Rhine (1983)
pasuperct · cites it 2×
“Consistent with its declared purpose to maintain the family, the Juvenile Act permits legal custody of a dependent child to be transferred only temporarily from the child's natural parents to a state agency and thereby safeguards continued parental interest in the child as a…”
In Re Tameka M. (1987)
pa · cites it 2×
“42 Pa.C.S. § 6357 (emphasis added). The language evinces the legislature's intent that a juvenile court judge's order of disposition need not be limited to where the dependent child is housed, but that the order may provide for, inter alia, the wholesome mental development of…”
In Re Adoption of Crystal D.R. (1984)
pa
“Thus, 42 Pa. C.S. § 6357 provides: § 6357. Rights and duties of legal custodian A custodian to whom legal custody has been given by the court under this chapter has the right to the physical custody of the child, the right to determine the nature of the care and treatment of the…”
In Re Frederick F. (1990)
pa · cites it 2×
“2 See 42 Pa.C.S. § 6357. We affirm. The factual and procedural history of the case is as follows.”
O'Grady v. Centennial School District (1979)
pacommwct · cites it 2×
“) 42 Pa. C.S. §6357. *293 We do not agree that the court’s order rendered the controversy pending before the Secretary over the correct educational placement for Steven moot.”
Walker v. Johnson (1995)
pamd
“42 Pa.Cons.Stat.Ann. § 6357. Because, under Pennsylvania law: 1) the care of foster children is not a power exclusively reserved to the state; 2) the Commonwealth does not exercise coercive power over foster parents, and relegates to them, for the most part, day-to-day parenting…”
In the Interest of: A.W., JR., a Minor (2018)
pasuperct · cites it 2×
“” 42 Pa.C.S. § 6357. -7- J-S10001-18 If the child’s parent, guardian, or custodian will not consent to the child’s receipt of medical treatment, the juvenile court “may order the child to be examined at a suitable place by a physician or psychologist and may also order medical…”
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