THE COURTS
Title 237—JUVENILE RULES
PART I. RULES
[ 237 PA. CODE CHS. 1, 2, 4—6,
11, 12, 14—16 AND 18 ]
Order Amending Rules 120, 242, 406, 500, 512, 513, 515, 600, 610, 1120, 1154, 1240, 1242, 1406, 1501, 1512, 1514, 1515, 1601, 1609, and 1800 and Adoption of New Rules 136, 147, 1136, and 1147 of the Rules of Juvenile Court Procedure; No. 528 Supreme Court Rules Doc.
[41 Pa.B. 2413]
[Saturday, May 14, 2011]
Order Per Curiam
And Now, this 29th day of April, 2011, upon the recommendation of the Juvenile Court Procedural Rules Committee; the proposal having been published for public comment before adoption at 39 Pa.B. 6019 (Oct. 17, 2009) and 40 Pa.B. 2245 (May 1, 2010), in the Atlantic Reporter (Second Series Advance Sheets, Vol. 978, No. 3, October 9, 2009 and Vol. 992, No. 1, May 21, 2010), and on the Supreme Court's web-page, and an Explanatory Report to be published with this Order:
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the modifications to Rules 120, 242, 406, 500, 512, 513, 515, 600, 610, 1120, 1154, 1240, 1242, 1406, 1501, 1512, 1514, 1515, 1601, 1609, and 1800 and adoption of new Rules 136, 147, 1136, and 1147 of the Rules of Juvenile Court Procedure are approved in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective July 1, 2011.
Annex A
TITLE 237. JUVENILE RULES
PART I. RULES
Subpart A. DELINQUENCY MATTERS
CHAPTER 1. GENERAL PROVISIONS
PART A. BUSINESS OF COURTS Rule 120. Definitions.
* * * * * EDUCATIONAL DECISION MAKER is a responsible adult appointed by the court to make decisions regarding a juvenile's education when the juvenile has no guardian or the court has limited the guardian's right to make such decisions for the juvenile. The educational decision maker acts as the juvenile's representative concerning all matters regarding education unless the court specifically limits the authority of the educational decision maker.
* * * * * HEALTH CARE is care related to any medical need including physical, mental, and dental health. This term is used in the broadest sense to include any type of health need.
* * * * * SOCIAL STUDY is a pre-dispositional report, which summarizes important information concerning the juvenile to aid the court in determining the disposition.
* * * * *
Comment * * * * * The term ''disposition'' includes all final determinations made by the court. A disposition includes a response to an adjudication of delinquency, such as sending the juvenile to a placement facility or placing the juvenile on probation. It also includes other types of final determinations made by the court. Other final determinations include a finding that the juvenile did not commit a delinquent act pursuant to Rule 408(B), a finding that the juvenile is not in need of treatment, rehabilitation, or supervision pursuant to Rule 409(A)(1), dismissing the case ''with prejudice'' prior to an adjudicatory hearing, or any other final action by the court that closes or terminates the case.
An ''educational decision maker'' is to be appointed by court order. The scope of the appointment is limited to decisions regarding the juvenile's education. The educational decision maker acts as the juvenile's spokesperson on all matters regarding education unless the court specifically limits the authority of the educational decision maker. The educational decision maker holds educational and privacy rights as the juvenile's guardian for purposes of 20 U.S.C. § 1232g and 34 C.F.R. § 99.3. See also Rule 147(C) for the duties and responsibilities of an educational decision maker.
''Health care'' includes, but is not limited to, routine physical check-ups and examinations; emergency health care; surgeries; exploratory testing; psychological exams, counseling, therapy and treatment programs; drug and alcohol treatment; support groups; routine eye examinations and procedures; teeth cleanings, fluoride treatments, fillings, preventative dental treatments, root canals, and other dental surgeries; and any other examination or treatment relating to any physical, mental, and dental needs of the juvenile.
The ''official court record'' is to contain all court orders, court notices, docket entries, filed documents, evidence admitted into the record, and other court designated documents in each juvenile case. The court may also designate any document to be a part of the record. It does not include items contained in juvenile probation's reports and files unless they are made a part of the official record by being filed with the clerk of courts.
A ''pre-dispositional report'' or ''social study'' includes, but is not limited to, the compilation of the juvenile's family history and demographics; school record and educational issues; job history; talents and extra-curricular activities; prior delinquency or dependency involvement with the court; health care issues; psychological or psychiatric history, examinations, and reports; drug and alcohol examinations, treatments, and reports; needs regarding disability; and any other relevant information concerning the juvenile to help the court understand any issues relating to the juvenile.
* * * * * Official Note: Rule 120 adopted April 1, 2005, effective October 1, 2005. Amended December 30, 2005, effective immediately. Amended March 23, 2007, effective August 1, 2007. Amended February 26, 2008, effective June 1, 2008. Amended July 28, 2009, effective immediately. Amended December 24, 2009, effective immediately. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 120 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
(Editor's Note: Rules 136 and 147 are new and printed in regular type to enhance readability.)
Rule 136. Ex Parte Communication.
A) Unless otherwise authorized by law, no person shall communicate with the court in any way regarding matters pending before the court unless all parties:
1) are present or have been copied if the communication is written or in electronic form; or
2) have waived their presence or right to receive the communication.
B) If the court receives any ex parte communication, the court shall inform all parties of the communication and its content.
Comment No ex parte communications with the court are to occur. Communications should include all parties, such as the filing of a motion, or conducting a conference or a hearing.
Attorneys are bound by the Rules of Professional Conduct. See Rules of Professional Conduct Rule 3.5(b). Judges are bound by the Code of Judicial Conduct. See Code of Judicial Conduct Canon 3(A)(4).
Attorneys and judges understand the impropriety of ex parte communications regarding matters pending before the court but many participants, such as probation officers and service providers, are not attorneys or judges. This rule ensures that all parties have received the same information that is being presented to the court so that it may be challenged or supplemented.
Administrative matters are not considered ex parte communications.
Official Note: Rule 136 adopted April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 136 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
PART B(1). EDUCATION AND HEALTH OF JUVENILE Rule 147. Educational Decision Maker.
A. Generally. At any proceeding or upon motion, the court shall appoint an educational decision maker for the juvenile if it determines that:
1) the juvenile has no guardian; or
2) the court, after notice to the guardian and an opportunity for the guardian to be heard, has made a determination that it is in the juvenile's best interest to limit the guardian's right to make decisions regarding the juvenile's education.
B. Notice of hearings. The educational decision maker shall receive notice of all proceedings.
C. Duties and responsibilities. The educational decision maker shall:
1) make appropriate inquiries and take appropriate actions to ensure that:
a) issues concerning school discipline matters are addressed;
b) the juvenile is receiving appropriate education that will allow the juvenile to meet state standards, including any necessary services concerning special education in the least restrictive environment, or remedial services;
c) the juvenile, who is receiving services concerning special education, is engaged in transition planning with the school entity beginning no later than the school year in which the juvenile turns fourteen;
d) the juvenile approaching discharge from a delinquency placement will be promptly enrolled in an appropriate program of instruction that addresses the juvenile's educational needs; and
e) any other educational matters, as appropriate in the juvenile's best interest, are addressed.
2) address the juvenile's educational needs by:
a) meeting with the juvenile at least once and as often as necessary to make decisions regarding education that are in the juvenile's best interests;
b) participating in special education and other meetings, and making decisions regarding all matters affecting the juvenile's educational needs in a manner consistent with the juvenile's best interests;
c) making any specific recommendations to the court relating to:
i) the timeliness and appropriateness of the juvenile's educational placement; and
ii) services necessary to address the juvenile's educational needs;
d) appearing and testifying at court hearings when necessary; and
e) having knowledge and skills that ensure adequate representation of the juvenile.
Comment A juvenile is to have a clearly identified, legally authorized educational decision maker. This is a particular concern for juveniles who are adjudicated delinquent, may be returning from delinquency placements, and may not have a parent available and able to perform this function. An educational decision maker's responsibilities may include, but are not limited to: ensuring that the juvenile is promptly enrolled in an appropriate educational program while in placement and upon discharge; see 42 Pa.C.S. § 6301(b)(2) and 55 Pa. Code § 3130.87; ensuring educational stability as applicable pursuant to 42 U.S.C. §§ 675(1)(G) and 11431 et seq.; facilitating access to a full range of school programs; advocating for the juvenile in school discipline matters; ensuring meaningful transition planning as required by 42 Pa.C.S. § 6351 and 42 U.S.C. § 675(5)(H); and for a juvenile eligible for special education, ensuring access to appropriate services including transition planning beginning no later than age fourteen. See 24 P. S. §§ 13-1371, 13-1372 and 20 U.S.C. § 1400 et seq. See paragraphs (A) and (C).
An educational decision maker appointed pursuant to this rule who represents a juvenile who is also adjudicated dependent is to review Rule 1147 for additional information concerning educational laws and entitlements applicable to children in dependent care.
A court is not to appoint an educational decision maker if there is a parent, guardian, or other authorized person (e.g., foster parent, relative with whom the juvenile lives or surrogate parent appointed under the IDEA) who is competent, willing, and available to make decisions regarding the juvenile's education and who is acting in the juvenile's best interest regarding all educational matters. See Individuals with Disabilities Education Act (''IDEA''), 20 U.S.C. § 1400 et seq. (2004). A court should limit the authority of a parent to make decisions regarding the juvenile's education only to the extent necessary to protect the juvenile's interest and can reinstate the parent or change the educational decision maker at any time.
Unless limited by the court in its appointment order, an educational decision maker: 1) is responsible for making all decisions concerning education, including special education, for the juvenile; and 2) can consent to or prohibit the release of information from the juvenile's school records as a parent in accordance with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and 34 C.F.R. § 99.3 (1974). The educational decision maker may be a family member, a family friend, a mentor, a foster parent, a former foster parent, a Court Appointed Special Advocate, or, if an educational decision maker for special education is not needed, a child welfare professional. Except as otherwise provided by the IDEA, it is within the discretion of the court to appoint an educational decision maker and whom to appoint. In all cases, however, an educational decision maker appointed by the court should be familiar with a juvenile's educational rights or is to agree to be trained regarding these issues.
If the juvenile is or may be eligible for special education, an educational decision maker is to be appointed in accordance with the standards and procedures set forth in federal and state laws concerning special education. See IDEA, 20 U.S.C. §§ 1400, 1401(23), and 1415(b)(2); 34 C.F.R. §§ 300.30, 300.45, and 300.519. The IDEA recognizes a court's authority to appoint persons to make decisions concerning special education for a juvenile. However, such decision makers cannot be the State or employees of any agency that is involved in the education or care of the juvenile. 34 C.F.R. § 300.519(c), (d)(2)(i).
The authority of the court to appoint an educational decision maker is derived from the broad powers of the court to issue orders that ''provide for the care, protection, safety, and wholesome mental and physical development of children.'' 42 Pa.C.S. § 6301 (b)(1.1). The IDEA also requires that each juvenile who is eligible for special education has an active parent or other identified person who can participate in the process concerning special education. See IDEA, 20 U.S.C. §§ 1401(23) and 1415(b)(2); 34 C.F.R. §§ 300.30, 300.45, and 300.519.
Official Note: Rule 147 adopted April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 147 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
PART B(2). COUNSEL 150. Attorneys—Appearances and Withdrawals.
151. Assignment of Counsel.
152. Waiver of Counsel.
CHAPTER 2. COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION
PART D. PRE-ADJUDICATORY DETENTION Rule 242. Detention Hearing.
* * * * * C. Findings. The court shall determine whether:
1) there is probable cause that a delinquent act was committed by the juvenile; [and]
2) detention of the juvenile is warranted; and
3) there are any special needs of the juvenile that have been identified and that the court deems necessary to address while the juvenile is in detention.
D. Filing of petition. If a juvenile remains detained after the hearing, a petition shall be filed with the clerk of courts within twenty-four hours or the next court business day.
E. Court's order. At the conclusion of the detention hearing, the court shall enter a written order setting forth its findings pursuant to paragraph (C).
Comment A detention hearing consists of two stages. The first stage of a detention hearing is a probable cause hearing. If probable cause is not found, the juvenile is to be released. If probable cause is found, then the court is to proceed to the second stage.
The second stage of a detention hearing is a detention determination hearing. The court should hear pertinent evidence concerning the detention status of the juvenile, review and consider all alternatives to secure detention, and determine if the detention of the juvenile is warranted.
An additional determination is required in paragraph (C)(3) although this is not a third stage of the detention hearing. It is important that the court address any special needs of the juvenile while the juvenile is in detention. The juvenile's attorney, the juvenile probation officer, or detention staff is to present any educational, health care, and disability needs to the court, if known at the time of the hearing. Special needs may include needs for special education, remedial services, health care, and disability. If the court determines a juvenile is in need of an educational decision maker, the court is to appoint an educational decision maker pursuant to Rule 147.
When addressing the juvenile's needs concerning health care and disability, the court's order should address the right of: 1) a juvenile to receive timely and medically appropriate screenings and health care services, 55 Pa. Code § 3800.32 and 42 U.S.C. § 1396d(r); and 2) a juvenile with disabilities to receive necessary accommodations, 42 U.S.C. § 12132, 28 C.F.R. § 35.101 et seq., Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, and implementing regulations at 45 C.F.R. § 84.1 et seq.
Pursuant to the Juvenile Act, the court has authority to order a physical or mental examination of a juvenile and medical or surgical treatment of a minor, who is suffering from a serious physical condition or illness which requires prompt treatment in the opinion of a physician. The court may order the treatment even if the guardians have not been given notice of the pending hearing, are not available, or without good cause inform the court that they do not consent to the treatment. 42 Pa.C.S. § 6339(b).
The procedures of paragraph (D) deviate from the procedures of the Juvenile Act. See 42 Pa.C.S. § 6331. Under paragraph (D), a petition does not have to be filed within twenty-four hours of the juvenile's detention; rather, the petition should be filed within twenty-four hours of the conclusion of the detention hearing if the juvenile is detained. See Rule 800. If the juvenile is not detained, a petition may be filed at any time prior to the adjudicatory hearing. However, the juvenile's attorney should have sufficient notice of the allegations prior to the adjudicatory hearing to prepare for the defense of the juvenile. See Rule 330 for petition requirements, Rule 331 for service of the petition, and Rule 363 for time of service. [See Rule 331 for service of the petition. See Rule 330 for petition requirements.]
See 42 Pa.C.S. §§ 6332, 6336, and 6338 for the statutory provisions concerning informal hearings and other basic rights.
Official Note: Rule 242 adopted April 1, 2005, effective October 1, 2005. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 242 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
CHAPTER 4. ADJUDICATORY HEARING Rule 406. Adjudicatory Hearing.
* * * * * B. Recording. The adjudicatory hearing shall be recorded. [The recording shall be transcribed:
1) at the request of a party;
2) pursuant to a court order; or
3) when there is an appeal.]
* * * * * Official Note: Rule 406 adopted April 1, 2005, effective October 1, 2005. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 406 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
CHAPTER 5. DISPOSITIONAL HEARING
PART A. SUMMONS AND NOTICE OF THE DISPOSITIONAL HEARING Rule 500. Summons and Notice of the Dispositional Hearing.
* * * * * B. Notice. The court shall give notice of the dispositional hearing to:
1) the attorney for the Commonwealth;
2) the juvenile's attorney; [and]
3) the juvenile probation office; and
4) the educational decision maker, if applicable.
* * * * * Official Note: Rule 500 adopted April 1, 2005, effective October 1, 2005. Amended April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
Final Report explaining the amendments to Rule 500 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
PART B. DISPOSITIONAL HEARING AND AIDS Rule 512. Dispositional Hearing.
* * * * * B. Recording. The dispositional hearing shall be recorded. [The recording shall be transcribed:
1) at the request of a party;
2) pursuant to a court order; or
3) when there is an appeal.]
C. Duties of the court. The court shall determine on the record that the juvenile has been advised of the following:
1) the right to file a post-dispositional motion;
2) the right to file an appeal;
3) the time limits for a post-dispositional motion and appeal;
4) the right to counsel to prepare the motion and appeal;
5) the time limits within which the post-dispositional motion shall be decided; and
6) that issues raised before and during adjudication shall be deemed preserved for appeal whether or not the juvenile elects to file a post-dispositional motion.
D. Court's findings. The court shall enter its findings and conclusions of law into the record and enter an order pursuant to Rule 515. On the record in open court, the court shall state:
1) its disposition;
2) the reasons for its disposition;
3) the terms, conditions, and limitations of the disposition; and
4) if the juvenile is removed from the home:
a) the name or type of any agency or institution that shall provide care, treatment, supervision, or rehabilitation of the juvenile, and
b) its findings and conclusions of law that formed the basis of its decision consistent with 42 Pa.C.S. §§ 6301 and 6352, including why the court found that the out-of-home placement ordered is the least restrictive type of placement that is consistent with the protection of the public and best suited to the juvenile's treatment, supervision, rehabilitation, and welfare;
5) whether any evaluations, tests, counseling, or treatments are necessary;
6) any findings necessary to ensure the stability and appropriateness of the juvenile's education, and when appropriate, the court shall appoint an educational decision maker pursuant to Rule 147; and
7) any findings necessary to identify, monitor, and address the juvenile's needs concerning health care and disability, if any, and if parental consent cannot be obtained, authorize evaluations and treatment needed.
Comment Under paragraph (A)(2), for victim's right to be heard, see Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
To the extent practicable, the judge or master that presided over the adjudicatory hearing for a juvenile should preside over the dispositional hearing for the same juvenile.
Pursuant to paragraph (C), the court is to advise the juvenile of his or her appellate rights orally in the courtroom on the record. The court is to explain the right to appointed counsel for an appeal if a juvenile is without counsel, and without the financial resources or otherwise unable to employ counsel. See 42 Pa.C.S. § 6337; see also Rule 150(B) for duration of counsel and Rule 151 for assignment of counsel.
Pursuant to paragraph (D), when the court has determined the juvenile is in need of treatment, supervision, and rehabilitation, the court is to place its findings and conclusions of law on the record by announcing them orally in the courtroom, followed by written order. The court is to consider the following factors: a) the protection of the community; b) the treatment needs of the juvenile; c) the supervision needs of the juvenile; d) the development of competencies to enable the juvenile to become a responsible and productive member of the community; e) accountability for the offense(s) committed; and f) any other factors that the court deems appropriate.
Nothing in this rule is intended to preclude the court from further explaining its findings in the dispositional order pursuant to Rule 515.
Pursuant to paragraph (D)(4), when out-of-home placement is necessary, the court is to explain why the placement is the least restrictive type of placement that is consistent with the protection of the public and the rehabilitation needs of the child. See 42 Pa.C.S. § 6352.
Pursuant to paragraph (D)(6), the court should address the juvenile's educational needs. The court's order should address the right to: 1) an educational decision maker pursuant to Rule 147, 42 Pa.C.S. § 6301, 20 U.S.C. § 1439(a)(5), and 34 C.F.R. § 300.519; and 2) an appropriate education, including any necessary special education or remedial services, 24 P. S. §§ 13-1371, 13-1372, 55 Pa. Code § 3130.87, and 20 U.S.C. § 1400 et seq.
The court should also address the juvenile's needs concerning health care and disability. The court's order should address the right of: 1) a juvenile to receive timely and medically appropriate screenings and health care services, 55 Pa. Code § 3800.32 and 42 U.S.C. § 1396d(r); and 2) a juvenile with disabilities to receive necessary accommodations, 42 U.S.C. § 12132, 28 C.F.R. § 35.101 et seq., Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, and implementing regulations at 45 C.F.R. § 84.1 et seq.
Pursuant to the Juvenile Act, the court has authority to order a physical or mental examination of a juvenile and medical or surgical treatment of a minor, who is suffering from a serious physical condition or illness which requires prompt treatment in the opinion of a physician. The court may order the treatment even if the guardians have not been given notice of the pending hearing, are not available, or without good cause inform the court that they do not consent to the treatment. 42 Pa.C.S. § 6339(b).
See Rule 127 for recording and transcribing of proceedings.
See Rule 136 for ex parte communications.
Official Note: Rule 512 adopted April 1, 2005, effective October 1, 2005. Amended May 17, 2007, effective August 20, 2007. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 512 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
Rule 513. Aids in Disposition.
A. Social Study.
1) The court may order the preparation of a social study in any case to aid in the decision for disposition.
2) If a social study is ordered, the study shall address any educational, health care, and disability needs of the juvenile.
B. Examinations. The court may order the juvenile to undergo health, psychological, psychiatric, drug and alcohol, or any other examination, as it deems appropriate to aid in the decision for disposition.
* * * * * Official Note: Rule 513 adopted April 1, 2005, effective October 1, 2005. Amended April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 513 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
Rule 515. Dispositional Order.
A. Generally. When the court enters a disposition after an adjudication of delinquency pursuant to Rule 409(A)(2), the court shall issue a written order, which provides balanced attention to the protection of the community, accountability for the offenses committed, and development of the juvenile's competencies to enable the juvenile to become a responsible and productive member of the community. The order shall include:
1) [the terms and conditions of the disposition] the court's findings pursuant to Rule 512(D);
2) [the name of any agency or institution that shall provide care, treatment, supervision, or rehabilitation of the juvenile;
3)] a designation whether the case is eligible pursuant to 42 Pa.C.S. § 6307(b)(1)(i) for limited public information;
[4)] 3) a directive that the juvenile shall submit to fingerprinting and photographing by, or arranged by, the law enforcement agency that submitted the written allegation in all cases in which the juvenile has not previously been fingerprinted or photographed;
[5)] 4) the date of the order; and
[6)] 5) the signature and printed name of the judge entering the order.
B. Restitution. If restitution is ordered in a case, the dispositional order shall include:
1) a specific amount of restitution to be paid by the juvenile;
2) to whom the restitution shall be paid; and
3) a payment schedule, if so determined by the court.
C. Guardian participation. The [court] dispositional order shall include any [obligation in its dispositional order] conditions, limitations, restrictions, and obligations imposed upon the guardian.
D. Disposition reporting. The court shall forward the case disposition to the Juvenile Court Judges' Commission, as required by the Commission.
Comment Pursuant to paragraph [(A)(3)] (A)(2), the court is to determine if the case is eligible for limited public information under the requirements of 42 Pa.C.S. § 6307(b)(1)(i). See 42 Pa.C.S. § 6307(b)(2). When the case is designated, the clerk of courts is to mark the file clearly. For information that is available to the public in those eligible cases, see Rule 160.
See 23 Pa.C.S. § 5503 and 42 Pa.C.S. §§ 6308, 6309 and 6310.
Dispositional orders should comport in substantial form and content to the Juvenile Court Judges' Commission model orders to receive funding under the federal Adoption and Safe Families Act (ASFA) of 1997 (P. L. 105-89). The model forms are also in compliance with Title IV-B and Title IV-E of the Social Security Act. For model orders, see http://www.jcjc.state.pa.us or http://www.dpw. state.pa.us or request a copy on diskette directly from the Juvenile Court Judges' Commission, Room 401, Finance Building, Harrisburg, PA 17120.
Official Note: Rule 515 adopted April 1, 2005, effective October 1, 2005. Amended August 20, 2007, effective December 1, 2007. Amended July 28, 2009, effective immediately. Amended December 24, 2009, effective immediately. Amended April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 515 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
CHAPTER 6. POST-DISPOSITIONAL PROCEDURES
PART A. SUMMONS AND NOTICE Rule 600. Summons and Notice of the Commitment Review, Dispositional Review, and Probation Revocation Hearing.
* * * * * B. Notice. The court shall give notice of the hearing to:
1) the attorney for the Commonwealth;
2) the juvenile's attorney;
3) the juvenile probation office; [and]
4) the placement facility staff, if the juvenile is in placement; and
5) the educational decision maker, if applicable.
* * * * * Official Note: Rule 600 adopted April 1, 2005, effective October 1, 2005. Amended April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
Final Report explaining the amendments to Rule 600 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
PART B. MODIFICATIONS, REVIEWS, AND APPEALS Rule 610. Dispositional and Commitment Review.
* * * * *
Comment At any hearing, if it is determined that the juvenile is in need of an educational decision maker, the court is to appoint an educational decision maker pursuant to Rule 147.
Under paragraph (A), the court is to conduct dispositional review hearings as frequently as necessary to ensure that the juvenile is receiving necessary treatment and services and that the terms and conditions of the disposition are being met. See Rule 800.
* * * * * Official Note: Rule 610 adopted April 1, 2005, effective October 1, 2005. Amended December 30, 2005, effective immediately. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 610 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
Subpart B. DEPENDENCY MATTERS
CHAPTER 11. GENERAL PROVISIONS
PART A. BUSINESS OF COURTS Rule 1120. Definitions.
* * * * * EDUCATIONAL DECISION MAKER is a responsible adult appointed by the court to make decisions regarding a child's education when the child has no guardian or the court has limited the guardian's right to make such decisions for the child. The educational decision maker acts as the child's representative concerning all matters regarding education unless the court specifically limits the authority of the educational decision maker.
* * * * * HEALTH CARE is care related to any medical need including physical, mental, and dental health. This term is used in the broadest sense to include any type of health need.
* * * * *
Comment * * * * * Under the term ''court,'' to determine if masters are permitted to hear cases, see Rule 1187.
An ''educational decision maker'' is to be appointed by court order. The scope of the appointment is limited to decisions regarding the child's education. The educational decision maker acts as the child's spokesperson on all matters regarding education unless the court specifically limits the authority of the educational decision maker. The educational decision maker holds educational and privacy rights as the child's guardian for purposes of 20 U.S.C. § 1232g and 34 C.F.R. § 99.3. See also Rule 1147(C) for the duties and responsibilities of an educational decision maker.
For the family service plan, see 55 Pa. Code § 3130.61.
''Health care'' includes, but is not limited to, routine physical check-ups and examinations; emergency health care; surgeries; exploratory testing; psychological exams, counseling, therapy and treatment programs; drug and alcohol treatment; support groups; routine eye examinations and procedures; teeth cleanings, fluoride treatments, fillings, preventative dental treatments, root canals, and other dental surgeries; and any other examination or treatment relating to any physical, mental, and dental needs of the child.
* * * * * Official Note: Rule 1120 adopted August 21, 2006, effective February 1, 2007. Amended March 19, 2009, effective June 1, 2009. Amended December 24, 2009, effective immediately. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 1120 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
(Editor's Note: Rules 1136 and 1147 are new and printed in regular type to enhance readability.)
Rule 1136. Ex Parte Communication.
A) Unless otherwise authorized by law, no person shall communicate with the court in any way regarding matters pending before the court unless all parties:
1) are present or have been copied if the communication is written or in electronic form; or
2) have waived their presence or right to receive the communication.
B) If the court receives any ex parte communication, the court shall inform all parties of the communication and its content.
Comment No ex parte communications with the court are to occur. Communications should include all parties, such as the filing of a motion, or conducting a conference or a hearing.
Attorneys are bound by the Rules of Professional Conduct. See Rules of Professional Conduct Rule 3.5(b). Judges are bound by the Code of Judicial Conduct. See Code of Judicial Conduct Canon 3(A)(4).
Attorneys and judges understand the impropriety of ex parte communications regarding matters pending before the court but many participants are not attorneys or judges. This rule ensures that all parties have received the same information that is being presented to the court so that it may be challenged or supplemented.
Administrative matters are not considered ex parte communications.
Official Note: Rule 1136 adopted April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1136 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
PART B(1). [EXAMINATION AND TREATMENT] EDUCATION AND HEALTH OF CHILD Rule 1147. Educational Decision Maker.
A. Generally. At any proceeding or upon motion, the court shall appoint an educational decision maker for the child if it determines that:
1) the child has no guardian; or
2) the court, after notice to the guardian and an opportunity for the guardian to be heard, has made a determination that it is in the child's best interest to limit the guardian's right to make decisions regarding the child's education.
B. Notice of hearings. The educational decision maker shall receive notice of all proceedings.
C. Duties and responsibilities. The educational decision maker shall:
1) make appropriate inquiries and take appropriate actions to ensure that:
a) issues concerning the child's educational stability are addressed;
b) school discipline matters are addressed;
c) the child is receiving appropriate education that will allow the child to meet state standards, including any necessary services concerning special education in the least restrictive environment, or remedial services;
d) the child, who is sixteen years of age or older, is receiving the necessary educational services to transition to independent living;
e) the child, who is receiving services concerning special education, is engaged in transition planning with the school entity beginning no later than the school year in which the child turns fourteen; and
f) the child, who is aging out of care within ninety days, has a transition plan that addresses the child's educational needs, and if applicable, the plan is coordinated with the child's transition planning concerning special education under the Individuals with Disabilities Education Act.
2) address the child's educational needs by:
a) meeting with the child at least once and as often as necessary to make decisions regarding education that are in the best interests of the child;
b) participating in special education and other meetings, and making decisions regarding all matters affecting the child's educational needs in a manner consistent with the child's best interests;
c) making any specific recommendations to the court relating to:
i) the timeliness and appropriateness of the child's educational placement;
ii) the timeliness and appropriateness of the child's transitional planning; and
iii) services necessary to address the child's educational needs;
d) appearing and testifying at court hearings when necessary; and
e) having knowledge and skills that ensure adequate representation of the child.
Comment A child in dependent care is to have a clearly identified, legally authorized educational decision maker. This is a particular concern for highly mobile children whose caregivers may change and whose guardian may be unavailable. An educational decision maker's responsibilities may include, but are not limited to: ensuring educational stability as mandated by 42 U.S.C. §§ 675(1)(G) and 11431 et seq.; ensuring prompt enrollment in a new school as required pursuant to 22 Pa. Code § 11.11(b); facilitating access to a full range of school programs; advocating for the child in school discipline matters; ensuring meaningful transition planning as required by 42 Pa.C.S. § 6351 and 42 U.S.C. § 675(5)(H); and for a child eligible for special education, ensuring access to appropriate services including transition planning beginning no later than age fourteen. See 24 P. S. §§ 13-1371, 13-1372, 20 U.S.C. § 1400 et seq. See paragraph (A) and (C).
An educational decision maker appointed pursuant to this rule who represents a child who is also adjudicated delinquent is to review Rule 147.
A court is not to appoint an educational decision maker if there is a parent, guardian, or other authorized person (e.g., foster parent, relative with whom the child lives or surrogate parent appointed under the IDEA) who is competent, willing, and available to make decisions regarding the child's education and who is acting in the child's best interest regarding all educational matters. See Individuals with Disabilities Education Act (''IDEA''), 20 U.S.C. § 1400 et seq. (2004). A court should limit the authority of a parent to make decisions regarding education only to the extent necessary to protect the child's interest and can reinstate the parent or change the educational decision maker at any time.
Unless limited by the court in its appointment order, an educational decision maker: 1) is responsible for making all decisions concerning education, including special education, for the child; and 2) can consent to or prohibit the release of information from the child's school records as a parent in accordance with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and 34 C.F.R. § 99.3 (1974). The educational decision maker may be a family member, a family friend, a mentor, a foster parent, a former foster parent, a Court Appointed Special Advocate, or, if an educational decision maker for special education is not needed, a child welfare professional. Except as otherwise provided by the IDEA, it is within the discretion of the court to appoint an educational decision maker and whom to appoint. In all cases, however, an educational decision maker appointed by the court should be familiar with a child's educational rights or is to agree to be trained regarding these issues.
If the child is or may be eligible for special education, an educational decision maker is to be appointed in accordance with the standards and procedures set forth in federal and state laws concerning special education. See IDEA, 20 U.S.C. §§ 1400, 1401(23), and 1415(b)(2); 34 C.F.R. §§ 300.30, 300.45, and 300.519. The IDEA recognizes a court's authority to appoint persons to make decisions concerning special education for a child. However, such decision makers cannot be the State or employees of any agency that is involved in the education or care of the child. 34 C.F.R. § 300.519(c), (d)(2)(i).
The educational decision maker should refer to the Fostering Connections to Success and Increasing Adoptions Act of 2008 (P. L. 110-351) and the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq. (1989) for guidance in educational stability. Specifically, the educational decision maker is to: a) ensure the right to remain in the same school regardless of a change in placement when it is in the child's best interest; b) facilitate immediate enrollment in a new school when a school change is in the child's best interest; and c) ensure that school proximity is considered in all placement changes, 42 U.S.C. §§ 675(1)(G) and 11431 et seq.
The educational decision maker is to also ensure: a) that the child receives an appropriate education, including, as applicable, any necessary special education, early intervention, or remedial services; see 24 P. S. §§ 13-1371, 13-1372, 55 Pa. Code § 3130.87, 20 U.S.C. § 1400 et seq.; b) that the child receives educational services necessary to support the child's transition to independent living pursuant to 42 Pa.C.S. § 6351 if the child is sixteen or older; and c) that the educational decision maker participates in the development of a transition plan that addresses the child's educational needs pursuant to 42 U.S.C. § 675(5)(H) if the child will age out of care within ninety days.
The authority of the court to appoint an educational decision maker is derived from the broad powers of the court to issue orders that ''provide for the care, protection, safety, and wholesome mental and physical development of children.'' 42 Pa.C.S. § 6301(b)(1.1). The IDEA also requires that each child who is eligible for special education has an active parent or other identified person who can participate in the process concerning special education. See IDEA, 20 U.S.C. §§ 1401(23) and 1415(b)(2); 34 C.F.R. §§ 300.30, 300.45, and 300.519.
Official Note: Rule 1147 adopted April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1147 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
PART B(2). COUNSEL Rule 1154. Duties of Guardian [ad litem] Ad Litem.
A guardian ad litem shall:
* * * * * 7) Make any specific recommendations to the court relating to the appropriateness and safety of the child's placement and services necessary to address the child's needs and safety, including the child's educational, health care, and disability needs;
* * * * *
Comment If there is a conflict of interest between the duties of the guardian ad litem pursuant to paragraphs (7) [&] and (9), the guardian ad litem for the child may move the court for appointment [of a separate guardian ad litem or legal counsel] as legal counsel and assignment of a separate guardian ad litem when, for example, the information that the guardian ad litem possesses gives rise to the conflict and can be used to the detriment of the child. If there is not a conflict of interest, the guardian ad litem represents the legal interests and best interests of the child at every stage of the proceedings. 42 Pa.C.S. § 6311(b). To the extent 42 Pa.C.S. § 6311(b)(9) is inconsistent with this rule, it is suspended. See Rules 1151 and 1800. See also Pa.R.P.C. 1.7 and 1.8.
''Legal interests'' denotes that an attorney is to express the child's wishes to the court regardless of whether the attorney agrees with the child's recommendation. ''Best interests'' denotes that a guardian ad litem is to express what the guardian ad litem believes is best for the child's care, protection, safety, and wholesome physical and mental development regardless of whether the child agrees.
Pursuant to paragraph (7), the guardian ad litem is to make specific recommendations to the court regarding the appropriateness of the child's placement, giving consideration to the proximity and appropriateness of the child's school. See 42 Pa.C.S. § 6311(b)(7) and 42 U.S.C. § 675(1)(G). Inquiries into the child's education should include the right to: 1) educational stability, including the right to remain in the same school regardless of a change in placement when in the child's best interest and the right to immediate enrollment when a school change is in the child's best interest, 42 U.S.C. §§ 675(1)(G) and 11431 et seq.; 2) an educational decision maker pursuant to Rule 1147, 42 Pa.C.S. § 6301, 20 U.S.C. § 1439(a)(5), and 34 C.F.R. § 300.519; 3) an appropriate education, including any necessary special education, early intervention, or remedial services, 24 P. S. §§ 13-1371 and 13-1372, 55 Pa. Code § 3130.87, and 20 U.S.C. § 1400 et seq.; 4) the educational services necessary to support the child's transition to independent living, 42 Pa.C.S. § 6351 if a child is sixteen or older; and 5) a transition plan that addresses the child's educational needs, 42 U.S.C. § 675(5)(H), if the child will age out of care in the next ninety days.
See In re S.J., 906 A.2d 547, 551 (Pa. Super. Ct. 2006) (citing In re Tameka M., 525 Pa. 348, 580 A.2d 750 (1990)), for issues addressing a child's mental and moral welfare.
Pursuant to paragraph (7), the guardian ad litem is to make specific recommendations to the court regarding the appropriateness of the child's placement, giving consideration to meeting the child's needs concerning health care and disability. Inquiries into the child's health should include the right of: 1) the child to receive timely and medically appropriate screenings and health care services, 55 Pa. Code §§ 3700.51 and 3800.32, 42 U.S.C. § 1396d(r); and 2) a child with disabilities to receive necessary accommodations, 42 U.S.C. § 12132, 28 C.F.R. § 35.101 et seq., Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 and implementing regulations at 45 C.F.R. § 84.1 et seq.
The guardian ad litem may be appointed as the educational decision maker. If the guardian ad litem is not the educational decision maker, the guardian ad litem is to coordinate efforts and consult with the educational decision maker. See Rule 1147 for duties of the educational decision maker.
Official Note: Rule 1154 adopted August 21, 2006, effective February 1, 2007. Amended April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
Final Report explaining the amendments to Rule 1154 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
CHAPTER 12. COMMENCEMENT OF PROCEEDINGS, EMERGENCY CUSTODY, AND PRE-ADJUDICATORY PLACEMENT
PART C. SHELTER CARE Rule 1240. Shelter Care Application.
A. Filings. A shelter care application may be oral or in writing. [Within] If oral, within twenty-four hours of exercising protective custody pursuant to Rule 1210, the county agency shall [reduce to writing and] file a written shelter care application [with the Juvenile Court].
B. Application contents. Every shelter care application shall set forth [plainly]:
* * * * * 6) [if a child is in shelter care,] a statement [that] detailing:
a) the reasonable efforts made to prevent placement [were made]; and
b) why there are no less restrictive alternatives available;
* * * * *
Comment In lieu of a shelter care application, the county agency may file a petition as set forth in Rule 1330.
The primary focus of the shelter care application is to assert that protective custody is needed and the child should remain in the custody of the county agency. A shelter care hearing is to be held within seventy-two hours of taking the child into protective custody. See Rule 1242(D).
Pursuant to paragraph (B)(6), the application is to contain a statement detailing the reasonable efforts made to prevent placement and the specific reasons why there are no less restrictive alternatives available. This statement may include information such as: 1) the circumstances of the case; 2) contact with family members or other kin; 3) the child's educational, health care, and disability needs; and 4) any need for emergency actions.
Official Note: Rule 1240 adopted August 21, 2006, effective February 1, 2007. Amended April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 1240 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
Rule 1242. Shelter Care Hearing.
* * * * * C. Findings. The court shall determine whether:
1) there are sufficient facts in support of the shelter care application;
2) custody of the child is warranted[;] after consideration of the following factors:
[3)] a) remaining in the home would be contrary to the welfare and best interests of the child;
b) reasonable efforts were made by the county agency to prevent the child's placement; [or]
c) the child's placement is the least restrictive placement that meets the needs of the child, supported by reasons why there are no less restrictive alternatives available; and
d) the lack of efforts was reasonable in the case of an emergency placement where services were not offered[, whether the lack of efforts were reasonable]; [and]
[4) if] 3) a person, other than the county agency, submitting a shelter care application [is submitted by a person other than the county agency, the court shall make a determination if the person], is a party to the proceedings; and
4) there are any special needs of the child that have been identified and that the court deems necessary to address while the child is in shelter care.
D. Prompt hearing. The court shall conduct a hearing within seventy-two hours of taking the child into protective custody.
E. Court order. At the conclusion of the shelter care hearing, the court shall enter a written order [as to the following] setting forth:
1) its findings pursuant to paragraph (C);
2) any conditions placed upon any party;
3) any orders for placement or temporary care of the child; [and]
4) any findings or orders necessary to ensure the stability and appropriateness of the child's education, and when appropriate, the court shall appoint an educational decision maker pursuant to Rule 1147;
5) any findings or orders necessary to identify, monitor, and address the child's needs concerning health care and disability, if any, and if parental consent cannot be obtained, authorize evaluations and treatment needed; and
6) any orders of visitation.
Comment Pursuant to paragraph (B)(4), it is expected that the parties be present. Only upon good cause shown should advanced communication technology be utilized.
Pursuant to paragraph (C), the court is to make a determination that the evidence presented with the shelter care application under Rule 1240 is supported by sufficient facts. After this determination, the court is to determine whether the custody of the child is warranted by requiring a finding that: 1) remaining in the home would be contrary to the health and welfare of the child; 2) reasonable efforts were made by the county agency to prevent the placement of the child; 3) the child was placed in the least restrictive placement available; and 4) if the child was taken into emergency placement without services being offered, the lack of efforts by the county agency was reasonable. Additionally, the court is to state the reasons why there are no less restrictive alternatives available.
[Under] Pursuant to paragraph [(C)(4)] (C)(3), the court is to determine whether or not a person is a proper party to the proceedings. Regardless of the court's findings on the party status, the court is to determine if the application is supported by sufficient evidence.
Under paragraph (D), the court is to ensure a timely hearing.
[Under paragraph (E), the court is to include in its order specific findings that: 1) there are sufficient facts in support of the dependency petition; 2) custody of the child is warranted; and 3) remaining in the home would be contrary to the welfare and best interests of the child, or reasonable efforts were made by the county agency to prevent the child's placement, or in the case of an emergency placement where services were not offered, whether the lack of efforts were reasonable.]
See 42 Pa.C.S. § 6332.
Pursuant to paragraph (E), the court is to enter a written order. It is important that the court address any special needs of the child while the child is in shelter care. The child's attorney or the county agency is to present any educational, health care, and disability needs to the court, if known at the time of the hearing. These needs may include a child's educational stability, needs concerning early intervention, remedial services, health care, and disability. If the court determines a child is in need of an educational decision maker, the court is to appoint an educational decision maker pursuant to Rule 1147.
The court's order should address the child's educational stability, including the right to an educational decision maker. The order should address the child's right to: 1) educational stability, including the right to: a) remain in the same school regardless of a change in placement when it is in the child's best interest; b) immediate enroll- ment when a school change is in the child's best interest; and c) have school proximity considered in all placement changes, 42 U.S.C. §§ 675(1)(G) and 11431 et seq.; 2) an educational decision maker pursuant to Rule 1147, 42 Pa. C.S. § 6301, 20 U.S.C. § 1439(a)(5), and 34 C.F.R. § 300.519; 3) an appropriate education, including any necessary special education, early intervention, or remedial services pursuant to 24 P. S. §§ 13-1371 and 13-1372, 55 Pa. Code § 3130.87, and 20 U.S.C. § 1400 et seq.; 4) the educational services necessary to support the child's transition to independent living pursuant to 42 Pa.C.S. § 6351 if the child is sixteen or older ; and 5) a transition plan that addresses the child's educational needs pursuant to 42 U.S.C. § 675(5)(H) if the child will age out of care within ninety days.
When addressing the child's health and disability needs, the court's order should address the right of: 1) a child to receive timely and medically appropriate screenings and health care services, 55 Pa. Code § 3800.32 and 42 U.S.C. § 1396d(r); and 2) a child with disabilities to receive necessary accommodations, 42 U.S.C. § 12132, 28 C.F.R. § 35.101 et seq., Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, and implementing regulations at 45 C.F.R. § 84.1 et seq.
Pursuant to the Juvenile Act, the court has authority to order a physical or mental examination of a child and medical or surgical treatment of a minor, who is suffering from a serious physical condition or illness which requires prompt treatment in the opinion of a physician. The court may order the treatment even if the guardians have not been given notice of the pending hearing, are not available, or without good cause inform the court that they do not consent to the treatment. 42 Pa.C.S. § 6339(b).
Nothing in this rule prohibits informal conferences, narrowing of issues, if necessary, and the court making appropriate orders to expedite the case through court. The shelter care hearing may be used as a vehicle to discuss the matters needed and narrow the issues. The court is to insure a timely adjudicatory hearing is held.
See 42 Pa.C.S. § 6339 for orders of physical and mental examinations and treatment.
See Rule 1330(A) for filing of a petition.
Official Note: Rule 1242 adopted August, 21, 2006, effective February 1, 2007. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 1242 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
CHAPTER 14. ADJUDICATORY HEARING Rule 1406. Adjudicatory Hearing.
* * * * * B. Recording. The adjudicatory hearing shall be recorded. [The recording shall be transcribed:
1) pursuant to a court order; or
2) when there is an appeal.]
C. Evidence. Each party shall be given the opportunity to:
1) introduce evidence;
2) present testimony; and
3) to cross-examine any witness.
[D. Ex parte Communication.
1) Except as provided by these rules, no person shall communicate with the court in any way.
2) If the court receives any ex parte communication, the court shall inform all parties of the communication and its content.]
Comment * * * * * Under paragraph (B), notes of testimony should be provided to counsel for a party upon good cause shown. The court may place conditions of release on the notes of testimony. [Under paragraph (B)(2), when] When an appeal is taken, the record is to be transcribed pursuant to Pa.R.A.P. 1922. See Pa.R.A.P. 1911 for request of transcript.
* * * * * [Under paragraph (D), no ex parte communications regarding the facts and merits of the case with the court are to occur. Attorneys and judges understand the impropriety of ex parte communications but many participants are not attorneys or judges. This rule ensures that all parties have received the same information that is being presented to the court so that it may be challenged or supplemented. Normal methods of practice and procedure such as motions, scheduling, communications with court personnel, are not considered ex parte communications. See Pa.R.P.C. Rules 3.5. 3.3(d), and 8.3(a) and the Code of Judicial Conduct, Canons 1, 2, and 3.]
See Rule 1136 for ex parte communications.
Official Note: Rule 1406 adopted August, 21, 2006, effective February 1, 2007. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 1406 published with the Court's Order at 41 Pa.B. 2428 (May 14, 2011).
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