LYCOMING COUNTY Amendments to Rules of Civil Procedure; 00-00666 [30 Pa.B. 2352] Order And Now, this 13th day of April, 2000, it is hereby Ordered and Directed as follows:
1. Lycoming County Rule of Civil Procedure L 1914 is hereby rescinded.
2. Lycoming County Rule of Civil Procedure L 1914, as follows, is hereby promulgated.
3. The Prothonotary is directed to:
a. File seven (7) certified copies of this order with the Administrative Office of the Pennsylvania Courts.
b. Distribute two (2) certified copies of this order to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
c. File one (1) certified copy of this order with the Pennsylvania Civil Procedural Rules Committee.
d. Forward one (1) copy of this order to the Lycoming Reporter for publication therein.
e. Forward one (1) copy to the chairman of the Lycoming County Customs and Rules Committee.
f. Keep continuously available for public inspection copies of this order.
4. The rule revision approved by this order shall become effective 30 days after its publication in the Pennsylvania Bulletin.
By the Court
CLINTON W. SMITH,
President JudgePARENT EDUCATION PROGRAM L1914. Seminar For Separating Families.
In such divorce and/or custody proceedings filed after the effective date of this rule as the court shall direct, where the interests of children under the age of eighteen (18) years are involved, the parties shall attend the ''Lycoming County Parent Education Program.'' The program will be conducted by a service provider designated by the court, which shall be charged with implementing the program in accordance with guidelines issued by the court. This course must be completed once only, even if subsequent custody matters are filed involving the same children.
Note: A great deal of valuable research has been conducted to determine the nature of psychological impacts of divorce/parental separation upon children and their parents. This research has yielded specific and consistent results in terms of common reactions, stages and problematic behaviors, as well as successful psychoeducational models and prevention techniques designed to minimize the short and long term negative impacts associated with the divorce. This parent education program utilizes such knowledge in a proactive-prevention approach in order to minimize the negative psychological impact of divorce upon children in particular, as well as parents. This model provides critical education to parents regarding what to anticipate in terms of their children's adjustment process as well as their own. The fact that the parent's behavior and adjustment is very critical to the child's adjustment is emphasized. The model serves to help prevent severe long-term maladaptive reactions and to minimize more immediate negative emotional fallout which occurs in children as a result of the divorce/separation of parents. Another potential indirect benefit of the program would be the reduction in the use of the courts to resolve issues regarding children.
Court mandated parent education classes are becoming very common in the United States as the preventative value and effectiveness of such programs are recognized. Throughout the divorce process parents usually become very self absorbed with diminishing abilities to parent effectively (or even adequately). This occurs at a time when children's needs are tremendous for both proper parenting in terms of guidance and emotional support. For many of these couples, a court mandated parenting education class will be the only modality in which they receive critical information or assistance in the divorce process. Most families will not receive or seek professional psychotherapy or community counseling-educational programs.
This parent education model utilizes a two part class (two hours each class), and a detailed (and understandable) handbook or ''manual'' is distributed for parents to utilize in class and keep. In addition to reviewing the handbook, the classes consist of a lecture, video and discussion periods. Classes will be scheduled at various times to avoid conflicts with work schedules.
A. Participation by Court Order.
1. Participation in the program shall be directed in all custody proceedings where the parties are unable to resolve their custody dispute at the initial conference before the custody conference officer, unless the parties have previously completed the program or the court excuses such participation for good cause shown. In addition, participation may be directed by the court as a result of custody contempt or protection from abuse proceedings brought before the court.
2. Within seven (7) days after entry of the order directing the parties to attend the program, both parties are required to register for the seminar by mailing or personally presenting the pre-printed ''Lycoming County Parent Education Program'' registration form, along with a registration fee of fifty dollars ($50.00) or a request for waiver of the fee, to the service provider at the address set forth on the registration form. Any parent who obtains an order to proceed in forma pauperis (without payment of costs) will automatically have the registration fee waived, but a copy of the order must be attached to the request for waiver of the fee. A parent may request that the fee be waived even without an order to proceed in forma pauperis, as long as no order was entered denying a request to proceed in forma pauperis, but he or she must provide sufficient information to the service provider in the request for waiver of the fee to support the request. If the court has granted in forma pauperis status to a parent but the service provider determines nevertheless that it cannot waive the fee, for any reason, it shall issue a notice excusing the parent from participation in the program.
3. Unless the scheduling requirements of the service provider delay attendance, the parties shall complete the program within sixty (60) days of the entry of the order directing their attendance. Court approval is required for an extension of time to complete the program.
4. Upon completion of the program, the service provider shall issue a certificate of completion. The original shall be filed with the court and each parent shall receive a copy. Hearing on a party's request for custody or modification of custody may be deferred by the court until that party completes the program. A non-moving party's failure to complete the program as directed shall not delay the proceedings, but such may be considered by the court in its disposition of the matter.
B. Voluntary Participation.
1. Any party to a divorce or custody action may attend the program voluntarily, after registering in accordance with the procedure outlined in subsection A.2. of this rule.
2. Notice of Program Availability
a. If the divorce complaint includes a count for custody or partial custody, the following language shall be in-cluded in the notice attached to a complaint pursuant to Pa.R.C.P. 1920.12(c):
If you have minor children, you are advised that you may attend the Lycoming County Parent Education Program which is intended to assist you in parenting your children during divorce. There is a $50.00 registration fee, which may be waived for those who cannot afford it. Registration forms and instructions on how to register are available in room 403 of the Lycoming County Courthouse.
b. In the order attached to a custody petition pursuant to Pa.R.C.P. 1915.15(c), the following language shall be included:
You are advised that you may attend the Lycoming County Parent Education Program which is intended to assist you in parenting your children during divorce or separation. There is a $50.00 registration fee, which may be waived for those who cannot afford it. Registration forms and instructions on how to register are available in room 403 of the Lycoming County Courthouse. Should the custody issues raised by the attached petition remain unresolved after the conference, attendance will be mandatory.
[Pa.B. Doc. No. 00-780. Filed for public inspection May 12, 2000, 9:00 a.m.]
