THE COURTS
Title 237—JUVENILE RULES
PART I. RULES
[ 237 PA. CODE CHS. 1 AND 11 ]
Proposed Rules 182 and 1182
[43 Pa.B. 2306]
[Saturday, April 27, 2013]The Juvenile Court Procedural Rules Committee is planning to recommend to the Supreme Court of Pennsylvania that new Rules 182 and 1182 be adopted. These proposed additions address qualifications of masters.
It is also important to note that the Committee is recommending a two-year effective date from the date of adoption to give the Pennsylvania Continuing Legal Education Board ample time to approve courses and for masters to gain additional experience and training.
The following Explanatory Report highlights the intent of these Rules. Please note that the Committee's Reports should not be confused with the official Committee Comments to the Rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the Explanatory Reports.
The Committee requests that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel, Christine Riscili at juvenilerules@pacourts.us. Email is the preferred method for receiving comments in an effort to conserve paper and expedite the distribution of Comments to the Committee. Emailed comments need not be reproduced and sent via hard copy. The Committee will acknowledge receipt of your comment.
For those who do not have access to email, comments may be faxed to the Committee at 717-231-9541 or written comments may be mailed to:
Christine Riscili, Esq.
Supreme Court of Pennsylvania
Juvenile Court Procedural Rules Committee
Pennsylvania Judicial Center
601 Commonwealth Ave, Suite 6200
P. O. Box 62635
Harrisburg, PA 17106-2635.All comments shall be received no later than June 21, 2013.
By the Juvenile Court
Procedural Rules Committee
HONORABLE TODD A. HOOVER,
Chairperson
Annex A
TITLE 237. JUVENILE RULES
PART I. RULES
Subpart A. DELINQUENCY MATTERS
CHAPTER 1. GENERAL PROVISIONS
PART D. MASTERS Rule 182. Qualifications of Master.
A. Education, Experience, and Training. To be eligible to be appointed to preside over cases governed by the Juvenile Act, 42 Pa.C.S. § 6301 et seq., an individual shall:
1) be a member, in good standing, of the bar of this Commonwealth;
2) have been licensed to practice law for at least five years; and
3) one of the following:
a) have at least two years of practical experience in juvenile law; or
b) have completed a course approved by the Pennsylvania Continuing Legal Education Board for new masters prior to hearing cases that shall include:
i) the Juvenile Act;
ii) the Pennsylvania Rules of Juvenile Court Procedure;
iii) the penal laws of Pennsylvania;
iv) the Child Protective Services Law;
v) the collateral consequences to an adjudication of delinquency; and
vi) any local procedures and state regulations.
B. Continuing Education. A master shall complete six hours of instruction in juvenile delinquency law, policies, or related social science research every two years, which shall include:
1) updates in the initial training areas as provided in paragraphs (A)(3)(b)(i)—(vi); and
2) child and adolescent development.
C. Compliance. A master shall sign an affidavit attesting that he or she has met the requirements of this rule. The affidavit shall be sent to the President Judge or his or her designee of each judicial district where the attorney is appointed as a master.
Comment Pursuant to paragraph (A), masters are to have at least five years of experience as an attorney with at least two years of experience in juvenile law. If attorneys do not have two years of experience in juvenile law, they may attend a training to qualify as masters over juvenile cases.
The training program is to be approved by the Pennsylvania Continuing Legal Education Board.
The Pennsylvania Continuing Legal Education Board may approve courses designed to address the requirements of paragraph (B) for continuing education. These requirements are additional requirements to the Pa.R.C.L.E. because they mandate specific training in juvenile delinquency law. However, the credit hours received do count towards the total maximum required under Pa.R.C.L.E. 105.
Pursuant to paragraph (C), a master is to certify to the court that the requirements of this rule have been met.
Official Note: Rule 182 adopted , effective (Committee recommending two years after adoption date).
Subpart B. DEPENDENCY MATTERS
CHAPTER 11. GENERAL PROVISIONS
PART D. PROCEEDINGS IN CASES BEFORE MASTER Rule 1182. Qualifications of Masters.
A. Education, Experience, and Training. To be eligible to be appointed to preside over cases governed by the Juvenile Act, 42 Pa.C.S. § 6301 et seq., an individual shall:
1) be a member, in good standing, of the bar of this Commonwealth;
2) have been licensed to practice law for at least five years; and
3) one of the following:
a) have at least two years of practical experience in juvenile law; or
b) have completed a course approved by the Pennsylvania Continuing Legal Education Board for new masters prior to hearing cases that shall include:
i) the Juvenile Act;
ii) the Pennsylvania Rules of Juvenile Court Procedure;
iii) the Child Protective Services Law; and
iv) any local procedures and state regulations.
B. Continuing Education. A master shall complete six hours of instruction in juvenile dependency law, policies, or related social science research every two years, which shall include:
1) updates in the initial training areas as provided in paragraphs (A)(3)(b)(i)—(iv); and
2) child and adolescent development.
C. Compliance. A master shall sign an affidavit attesting that he or she has met the requirements of this rule. The affidavit shall be sent to the President Judge or his or her designee of each judicial district where the attorney is appointed as a master.
Comment Pursuant to paragraph (A), masters are to have at least five years of experience as an attorney with at least two years of experience in juvenile law. If attorneys do not have two years of experience in juvenile law, they may attend a training to qualify as masters over juvenile cases.
The training program is to be approved by the Pennsylvania Continuing Legal Education Board.
The Pennsylvania Continuing Legal Education Board may approve courses designed to address the requirements of paragraph (B) for continuing education. These requirements are additional requirements to the Pa.R.C.L.E. because they mandate specific training in juvenile dependency law. However, the credit hours received do count towards the total maximum required under Pa.R.C.L.E. 105.
Pursuant to paragraph (C), a master is to certify to the court that the requirements of this rule have been met.
Official Note: Rule 1182 adopted , effective (Committee recommending two years after adoption date).
Explanatory Report Background
This recommendation was prompted by the Recommendation of the Interbranch Commission on Juvenile Justice (ICJJ) and will only address master qualifications. On page 46 of the ICJJ Report, the ICJJ recommended the need for ''masters to be properly educated about the Juvenile Act, child development, and problems unique to the relationship between children and their families.'' Further, the ICJJ recommended that the Supreme Court develop mandatory continuing education standards for juvenile masters. See ICJJ Report at pg. 46.
In addition to the recommended educational requirements by the ICJJ for ''delinquency'' matters of juvenile court, the Committee believed educational requirements were just as important and necessary for ''dependency'' matters.
The purpose of these rule additions is to provide a minimum standard for education, experience, and training of masters. Judicial districts are encouraged to provide additional educational and training courses for its masters.
Rule Discussion
Rules 182 and 1182—Qualifications of Master
These new proposed rules govern the qualifications of masters. Prior to presiding over juvenile cases, these attorneys must be a member, in good standing, of the Bar of this Commonwealth, have been licensed to practice law for five years, and either: 1) have consistently practiced in juvenile law for at least two years; or 2) have completed the initial training program.
In addition, these attorneys should have experience in diverse cases. It would be beneficial if the attorney handled juvenile cases prior to becoming a master with experience in several different types of allegations and at different stages of the process, including detention or shelter-care hearings, adjudicatory hearings, transfer or permanency hearings, dispositional hearings, and dispositional review hearings.
After the initial training or experience requirement has been met, attorneys are required to continue their legal education with updates in delinquency or dependency law and child and adolescent development. This requirement is an additional requirement to the Pa.R.C.L.E. because it mandates education specifically in juvenile delinquency or dependency law; whereas the Pa.R.C.L.E. do not mandate specific training areas. See paragraph (B). Six hours of this specific education must be completed every two years. However, these hours will count towards the mandatory twelve hours of continuing legal education each year mandated by Pa.R.C.L.E. 105.
Pursuant to paragraph (C), masters must attest that they have met the requirements of this rule prior to presiding over juvenile matters, and every two years after the initial affidavit, they must submit a new affidavit.
[Pa.B. Doc. No. 13-764. Filed for public inspection April 26, 2013, 9:00 a.m.]
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