Section 1191. Master’s Findings and Recommendation to the Judge

A. Announcement of Findings and Recommendation. At the conclusion of the hearing, the master shall announce in open court on the record, the master’s findings and recommendation to the judge.

B. Submission of Papers and Contents of Recommendation. Within two business days of the hearing, the master shall submit specific findings and a recommendation to the juvenile court judge. If requested, a copy of the findings and recommendation shall be given to any party.

C. Challenge to Recommendation. A party may challenge the master’s recommendation by filing a motion with the clerk of courts within three days of receipt of the recommendation. The motion shall request a rehearing by the judge and aver reasons for the challenge.

D. Judicial Action. Within seven days of receipt of the master’s findings and recommendation, the judge shall review the findings and recommendation of the master and:

1) accept the recommendation by order;

2) reject the recommendation and issue an order with a different disposition;

3) send the recommendation back to the master for more specific findings; or

4) conduct a rehearing.

Comment

The juvenile court may promulgate a form for masters to use. The findings and recommendation may take the form of a court order to be adopted by the court.

If a party contests the master’s decision, the copy of the findings and recommendation may be used as an attachment in a motion for a rehearing in front of the judge.

The master’s decision is subject to approval of the judge. When the judge, in rejecting the master’s recommendation, modifies a factual determination, a rehearing is to be conducted. The judge may reject the master’s findings and enter a new finding or disposition without a rehearing if there is no modification of factual determinations. See In re Perry, 313 Pa. Super. 162, 459 A.2d 789 (1983). Nothing in this rule prohibits the court from modifying conclusions of law made by the master.

Official Note

Rule 1191 adopted August 21, 2006, effective February 1, 2007.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1191 published with the Court’s Order at 36 Pa.B. 5599 (September 2, 2006).