1406 Order amending Rules 1915.3, 1915.3-2, 1915.12, 1915.15 and 1915.17 of the Rules of Civil Procedure; No. 629 civil procedural rules doc.

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 1915 ]

Order Amending Rules 1915.3, 1915.3-2, 1915.12, 1915.15 and 1915.17 of the Rules of Civil Procedure; No. 629 Civil Procedural Rules Doc.

[45 Pa.B. 4158]
[Saturday, August 1, 2015]

Order

Per Curiam

 And Now, this 20th day of July, 2015, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been published for public comment in the Pennsylvania Bulletin, 44 Pa.B. 5828 (September 13, 2014):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 1915.3, 1915.3-2, 1915.12, 1915.15 and 1915.17 of the Pennsylvania Rules of Civil Procedure are amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on September 1, 2015.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1915. ACTIONS FOR CUSTODY OF MINOR CHILDREN

Rule 1915.3. Commencement of Action. Complaint. Order.

*  *  *  *  *

 (e) A grandparent who is not in loco parentis to the child and is seeking physical and/or legal custody of a grandchild pursuant to 23 Pa.C.S. § 5323 must plead, in paragraph 9 of the complaint set forth at Rule 1915.15(a), facts establishing standing under § 5324(3). A grandparent or great-grandparent seeking partial physical custody or supervised physical custody must plead, in paragraph 9 of the complaint, facts establishing standing pursuant to 23 Pa.C.S. § 5325.

 (f) An unemancipated minor parent may commence, maintain or defend an action for custody of the minor parent's child without the requirement of the appointment of a guardian for the minor parent.

Rule 1915.3-2. Criminal Record or Abuse History.

 (a) Criminal Record or Abuse History Verification. [The petitioner] A party must file and serve with the complaint, [or] any petition for modification, any counterclaim, any petition for contempt or any count for custody in a divorce complaint or counterclaim a verification regarding any criminal record or abuse history of [the petitioner] that party and anyone living in [the petitioner's] that party's household. The verification shall be substantially in the form set forth in subdivision (c) below. The [petitioner] party must attach a blank verification form to a complaint, counterclaim or petition served upon the [respondent] other party. Although the [respondent] party served need not file a responsive pleading pursuant to Rule 1915.5, [the respondent] he or she must file with the court a verification regarding [any criminal or abuse history of the respondent and anyone living in the respondent's] his or her own criminal record or abuse history and that of anyone living in his or her household on or before the initial in-person contact with the court (including, but not limited to, a conference with a conference officer or judge or conciliation, depending upon the procedure in the judicial district) but not later than 30 days after service of the complaint or petition [upon the respondent]. A party's failure to file a Criminal Record or Abuse History Verification may result in sanctions against that party. Both parties shall file and serve updated verifications five days prior to trial.

 (b) Initial Evaluation. At the initial in-person contact with the court, the judge, conference officer, conciliator or other appointed individual shall perform an initial evaluation to determine whether the existence of a criminal or abuse history of either party or a party's household member poses a threat to the child and whether counseling is necessary. The initial evaluation required by 23 Pa.C.S. §  5329(c) shall not be conducted by a mental health professional. After the initial evaluation, the court may order further evaluation or counseling by a mental health professional if the court determines it is necessary. Consistent with the best interests of the child, the court may enter a temporary custody order on behalf of a party with a criminal history or a party with a household member who has a criminal history, pending the party's or household member's evaluation and/or counseling.

 Official Note: The court shall consider evidence of criminal record or abusive history presented by the parties. There is no obligation for the court to conduct an independent investigation of the criminal record or abusive history of either party or members of their household. The court should not consider ARD or other diversionary programs. When determining whether a party or household member requires further evaluation or counseling, or whether a party or household member poses a threat to a child, the court should give consideration to the severity of the offense, the age of the offense, whether the victim of the offense was a child or family member and whether the offense involved violence.

 (c) Verification. The verification regarding criminal or abuse history shall be substantially in the following form:

(Caption)
CRIMINAL RECORD/ABUSE HISTORY VERIFICATION

*  *  *  *  *

 5. If you are aware that the other party or members of the other party's household has or have a criminal record/abuse history, please explain: __________

_______________________________________________

_______________________________________________

*  *  *  *  *

Rule 1915.12. Civil Contempt for Disobedience of Custody Order. Petition. Form of Petition. Service. Order.

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 (c) The petition shall be in substantially the following form:

(Caption)
PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER

 The Petition of ______ , respectfully represents:

 1. That on ______ , Judge ______ entered an Order awarding (Petitioner) (Respondent) (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical [cusody] custody) (sole physical custody) (supervised physical custody) of the minor child(ren)

_______________________________________________

_______________________________________________
(Name(s) of Child(ren))

 A true and correct copy of the order is attached to this petition.

 2. Respondent has willfully failed to abide by the order in that

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

 3. Petitioner has attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. No. 1915.3-2.

 WHEREFORE, Petitioner requests that Respondent be held in contempt of court.

_______________________________________________
(Attorney for Petitioner) (Petitioner)

 I verify that the statements made in this [complaint] petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

_________________          _________________
DatePetitioner

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Rule 1915.15. Form of Complaint. Caption. Order. Petition to Modify a Custody Order.

 (a) The complaint in an action for custody shall be in substantially the following form:

(Caption)
COMPLAINT FOR CUSTODY

 1. The plaintiff is _________________ , residing at

_______________________________________________.
(Street)  (City)  (Zip Code)  (County)

 2. The defendant is _________________ , residing at

_______________________________________________.
(Street)  (City)  (Zip Code)  (County)

*  *  *  *  *

 [The mother] A parent of the child is ______ , currently residng at _________________.

 [She] This parent is (married) (divorced) (single).

 [The father] A parent of the child is ______ , currently residing at _________________.

 [He] This parent is (married) (divorced) (single).

*  *  *  *  *

 10. [I have] Plaintiff has attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. No. 1915.3-2.

*  *  *  *  *

 (b) A petition to modify a custody order shall be in substantially the following form:

(Caption)
PETITION FOR MODIFICATION OF A CUSTODY ORDER

 1. The petition of _________________ respectfully represents that on ______ , 20__ an Order of Court was entered for (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody), a true and correct copy of which is attached.

 2. This Order should be modified because: __________

_______________________________________________

_______________________________________________

 3. Petitioner has attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. No. 1915.3-2.

 WHEREFORE, Petitioner requests that the Court modify the existing Order because it will be in the best interest of the child(ren).

_______________________________________________
(Attorney for Petitioner) (Petitioner)

 I verify that the statements made in this [complaint] petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

_________________          _________________
DatePetitioner

*  *  *  *  *

Rule 1915.17. Relocation. Notice and Counter-Affidavit.

 (a) A party proposing to change the residence of a child which significantly impairs the ability of a non-relocating party to exercise custodial rights must notify every other person who has custodial rights to the child and provide a counter-affidavit by which a person may agree or object. The form of the notice and counter-affidavit are set forth in subdivisions (i) and (j) below. The notice shall be sent by certified mail, return receipt requested, addressee only or pursuant to Pa.R.C.P No. 1930.4, no later than the sixtieth day before the date of the proposed change of residence or other time frame set forth in 23 Pa.C.S. § 5337(c)(2).

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[Pa.B. Doc. No. 15-1406. Filed for public inspection July 31, 2015, 9:00 a.m.]