Section 1129. Appearance by Advanced Communication Technology

A. Generally.

1) The child, guardian, or a witness may appear at a proceeding by utilizing advanced communication technology pursuant to Rules 1140, 1242, 1406, 1512, and 1608.

2) At a minimum, the child shall appear in person at least every six months unless as otherwise provided by Rule 1128.

B. Counsel.

1) The child or guardian shall be permitted to confer with counsel before entering into an agreement to appear utilizing advanced communication technology.

2) The child or guardian shall be permitted to communicate fully and confidentially with counsel immediately prior to and during the proceeding.

Comment

Paragraph (A) requires that every child is to appear in person at least every six months. There may be instances in which the child is excused from attending pursuant to Rule 1128.

This rule is not intended to compel the use of advanced communication technology but rather permit appearance by telephone or by a system providing two-way simultaneous audio-visual communication. Advanced communication technology may be utilized for the convenience for witnesses; efficient use of resources; or when a party or witness has an illness, is incarcerated, or is otherwise in a remote location. See Rules 1140, 1242, 1406, 1512, and 1608 for specific requirements for the use of advanced communication technology.

Additionally, special care is to be taken when utilizing advanced communication technology to prevent disclosure of sensitive information to unauthorized persons and entities or to prevent a breach of confidentiality between a party and the party’s attorney.

Pursuant to paragraph (B)(1), the child or guardian is to be permitted to confer with counsel prior to agreeing to a proceeding utilizing advanced communication technology. Counsel includes legal counsel and/or the guardian ad litem. Pursuant to paragraph (B)(2), the child or guardian is permitted to confer with counsel privately prior to and during the proceedings. The child is to be afforded all the same rights as if the hearing was held with all parties present in the courtroom.

Official Note

Rule 1129 adopted April 21, 2011, effective July 1, 2011.

Committee Explanatory Reports:

Final Report explaining the amendments to Rule 1129 published with the Court’s Order at 41 Pa.B. 2327 (May 7, 2011).

The provisions of this Rule 1130 adopted April 21, 2011, effective July 1, 2011, 41 Pa.B. 2319. Immediately preceding text appears at serial page (342563).