Pennsylvania Bulletin

PA Bulletin, Doc. No. 23-628

THE COURTS

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 1915]

Proposed Adoption of Pa.R.Civ.P. 1915.3-3 and 1915.3-4 and Amendment of Pa.R.Civ.P. 1915.3-2, 1915.4-4, 1915.7, 1915.10, 1915.15, and 1915.25

[53 Pa.B. 2560]
[Saturday, May 13, 2023]

The Domestic Relations Procedural Rules Committee is considering proposing to the Supreme Court of Pennsylvania the adoption of Pa.R.Civ.P. 1915.3-3 and 1915.3-4 and the amendment of Pa.R.Civ.P. 1915.3-2, 1915.4-4, 1915.7, 1915.10, 1915.15, and 1915.25 for the reasons set forth in the accompanying publication report. Pursuant to Pa.R.J.A. 103(a)(1), the proposal is being published in the Pennsylvania Bulletin for comments, suggestions, or objections prior to submission to the Supreme Court.

Any report accompanying this proposal was prepared by the Committee to indicate the rationale for the proposed rulemaking. It will neither constitute a part of the rules nor be adopted by the Supreme Court.

Additions to the text of the proposal are bolded and underlined; deletions to the text are bolded and bracketed.

The Committee invites all interested persons to submit comments, suggestions, or objections in writing to:

Lynnore K. Seaton, Counsel
Domestic Relations Procedural Rules Committee
Supreme Court of Pennsylvania
Pennsylvania Judicial Center
PO Box 62635
Harrisburg, PA 17106-2635
FAX: 717-231-9531
domesticrules@pacourts.us

All communications in reference to the proposal should be received by July 5, 2023. E-mail is the preferred method for submitting comments, suggestions, or objections; any e-mailed submission need not be reproduced and resubmitted via mail. The Committee will acknowledge receipt of all submissions.

By the Domestic Relations
Procedural Rules Committee

DAVID S. POLLOCK, Esq.,
Chair

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1915. ACTIONS FOR CUSTODY OF MINOR CHILDREN

(Editor's Note: Pa.R.Civ.P. 1915.3-2 as printed in 231 Pa. Code reads ''Official Note'' rather than ''Note.'')

Rule 1915.3-2. Criminal Record or Abuse History.

[(a) Criminal Record or Abuse History Verification. A party must file and serve with the complaint, 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 that party and anyone living in that party's household. The verification shall be substantially in the form set forth in subdivision (c) below. The party must attach a blank verification form to a complaint, counterclaim or petition served upon the other party. Although the party served need not file a responsive pleading pursuant to Rule 1915.5, he or she must file with the court a verification regarding 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. 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.

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

I _________________ , hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that:

1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction including pending charges:

Check all that
apply Crime Self Other
household member Date of
conviction, guilty
plea, no contest
plea or pending
charges Sentence

[   ] 18 Pa.C.S. Ch. 25 (relating to criminal homicide) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 2702 (relating to aggravated assault) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 2706 (relating to terroristic threats) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 2709.1 (relating to stalking) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 2901 (relating to kidnapping) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 2902 (relating to unlawful restraint) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 2903 (relating to false imprisonment) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3121 (relating to rape) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3124.1 (relating to sexual assault) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3125 (relating to aggravated indecent assault) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3126 (relating to indecent assault) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3127 (relating to indecent exposure) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3129 (relating to sexual intercourse with animal) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3301 (relating to arson and related offenses) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 4302 (relating to incest) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 4303 (relating to concealing death of child) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 4304 (relating to endangering welfare of children) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 4305 (relating to dealing in infant children) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 5902(b) (relating to prostitution and related offenses) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 5903(c) or (d) (relating to obscene and other sexual materials and performances) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 6301 (relating to corruption of minors) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 6312 (relating to sexual abuse of children) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 6318 (relating to unlawful contact with minor) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 6320 (relating to sexual exploitation of children) [   ] [   ] ______ ______

[   ] 23 Pa.C.S. § 6114 (relating to contempt for violation of protection order or agreement) [   ] [   ] ______ ______

[   ] Driving under the influence of drugs or alcohol [   ] [   ] ______ ______

[   ] Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device [   ] [   ] ______ ______

2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, or involvement with a Children & Youth agency, including the following:

Check
all that
apply Self Other
household
member Date

[   ] A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction [   ] [   ] ______

[   ] Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction [   ] [   ] ______

[   ] Involvement with a Children & Youth Agency or similar agency in Pennsylvania or another jurisdiction. Where?: ______ [   ] [   ] ______

[   ] Other: _________________ [   ] [   ] ______

3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse:
_______________________________________________
_______________________________________________

4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child.
_______________________________________________
_______________________________________________

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:
_______________________________________________
_______________________________________________

I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

__________
Signature
__________
Printed Name]

(Editor's Note: The following text is proposed to be added and is printed in regular type to enhance readability.)

(This is entirely new text.)

(a) Criminal Record/Abuse History Verification.

(1) Confidential Document. A party's filed Criminal Record/Abuse History Verification form shall be confidential and shall not be publicly accessible.

(2) Plaintiff or Petitioner. Contemporaneous with filing a custody action or a contempt proceeding, the plaintiff or petitioner shall:

(i) complete, sign, and file with the prothonotary a Criminal Record/Abuse History Verification form for the party and anyone living in that party's household, as provided in subdivision (c); and

(ii) serve the complaint, petition, or counterclaim on the defendant or respondent with:

(A) a copy of the filed Criminal Record/Abuse History Verification form; and

(B) a blank Criminal Record/Abuse History Verification form for the defendant or respondent to complete and file.

(3) Defendant or Respondent. After being served pursuant to subdivision (a)(2)(ii), the defendant or respondent shall:

(i) complete, sign, and file with the prothonotary the Criminal Record/Abuse History Verification form for that party and anyone living in that party's household before the initial in-person contact with the court or within 30 days of service of the initiating pleading, whichever occurs first; and

(ii) serve a copy of the filed Criminal Record/Abuse History Verification form on the other parties.

(4) Updating Criminal Record/Abuse History Verification Form. A party shall complete, sign, file with the prothonotary, and serve on the other parties an updated Criminal Record/Abuse History Verification form either five days after any change in circumstances, or no less than one day before any proceeding, whichever occurs first. A change in circumstances shall apply to the party, as well as any household members.

(5) Sanctions. A party's failure to file an initial or updated Criminal Record/Abuse History Verification form may result in sanctions against that party.

(b) Evaluation.

(1) Initial Evaluation. During the initial in-person custody proceeding, the judge, conference officer, conciliator, or other appointed individual shall evaluate whether a party or household member poses a threat to the child.

(i) In determining whether a party or household member poses a threat to the child or requires an additional evaluation or counseling, as provided in 23 Pa.C.S. § 5329(c)—(e), the judge, conference officer, conciliator, or other appointed individual shall consider:

(A) the party's Criminal Record/Abuse History Verification form; and

(B) other information or documentation of the party's or household member's criminal record or abuse history that is provided by either party.

(ii) To the extent a party or household member has a criminal record relating to an enumerated offense in 23 Pa.C.S. § 5329(a) or an abuse history, the judge, conference officer, conciliator, or other appointed individual shall consider:

(A) the severity of the offense or abuse;

(B) when the offense or abuse occurred;

(C) if the victim was a child or family member; and

(D) whether the offense or abuse involved physical violence.

(2) Additional Evaluation or Counseling. If the initial evaluation set forth in subdivision (b)(1) determines that a party or household member poses a threat to the child, the conference officer, conciliator, or other appointed individual conducting the evaluation may recommend to the judge, and the judge may order:

(i) a party or party's household member to undergo an additional evaluation or counseling by a mental health professional appointed by the court; or

(ii) temporary custody pending the additional evaluation or counseling.

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

(Caption)

[   ] CRIMINAL RECORD/ABUSE HISTORY VERIFICATION

[   ] REPORT OF CHILD ABUSE AND PROTECTIVE SERVICES REQUESTED BY COURT

(Court may use the first page of the parties' criminal record/abuse history verification or may complete a new form.)

1. Participants. Please list ALL adult members in your/the participant's household and attach sheets if necessary:

Name Date of Birth Address Relationship to Child(ren)

_____ Party requests their residence remain confidential as they are protected by the Protection from Abuse Act, 23 Pa.C.S. § 6112, or the Domestic and Sexual Violence Victim Address Confidentiality Act, 23 Pa.C.S. §§ 6701—6713, or the Child Custody Act, 23 Pa.C.S. § 5336(b), or they are in the process of seeking protection under the same.

Please list ALL members in the opposing party's household and attach sheets if necessary:

Name Date of Birth Address Relationship to Child(ren)

_____ Party requests their residence remain confidential as they are protected by the Protection from Abuse Act, 23 Pa.C.S. § 6112, and/or the Domestic and Sexual Violence Victim Address Confidentiality Act, 23 Pa.C.S. § 6701—6713, and/or the Child Custody Act, 23 Pa.C.S. § 5336(b), or they are in the process of seeking protection under the same.

SUBJECT CHILD(REN)—Attach additional sheets if necessary:

Name Date of Birth

***End of Page 1***

2. Criminal Offenses. As to the following listed Pennsylvania crimes or offenses, or another jurisdiction's substantially equivalent crimes or offenses, check the box next to any applicable crime or offense in which you or a household member:

• has pleaded guilty or no contest;

• has been convicted;

• has charges pending; or

• has been adjudicated delinquent under the Juvenile Act, 42 Pa.C.S. §§ 6301—6375, and the record is publicly available as set forth in 42 Pa.C.S. § 6307.

You should also check the box next to a listed criminal offense even if the offense was resolved by Accelerated Rehabilitative Disposition (ARD) or another diversionary program, unless it has been expunged pursuant to 18 Pa.C.S. § 9122, or a court has entered an order for limited access, e.g., Clean Slate, pursuant to 18 Pa.C.S. §§ 9122.1 or 9122.2.

Check
all that
apply Crime Self Other household member Date of conviction, guilty plea, no contest plea, or pending charges Sentence

[   ] 18 Pa.C.S. Ch. 25 (relating to criminal homicide) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 2702 (relating to aggravated assault) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 2706 (relating to terroristic threats) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 2709.1 (relating to stalking) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 2718 (relating to strangulation) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 2901 (relating to kidnapping) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 2902 (relating to unlawful restraint) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 2903 (relating to false imprisonment) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. Ch. 30 (relating to human trafficking) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3121 (relating to rape) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3124.1 (relating to sexual assault) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3125 (relating to aggravated indecent assault) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3126 (relating to indecent assault) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3127 (relating to indecent exposure) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3129 (relating to sexual intercourse with animal) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 3301 (relating to arson and related offenses) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 4302 (relating to incest) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 4303 (relating to concealing death of child) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 4304 (relating to endangering welfare of children) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 4305 (relating to dealing in infant children) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 5902(b) or (b.1) (relating to prostitution and related offenses) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 5903(c) or (d) (relating to obscene and other sexual materials and performances) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 6301 (relating to corruption of minors) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 6312 (relating to sexual abuse of children) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 6318 (relating to unlawful contact with minor) [   ] [   ] ______ ______

[   ] 18 Pa.C.S. § 6320 (relating to sexual exploitation of children) [   ] [   ] ______ ______

[   ] Finding of contempt of a Protection from Abuse order or agreement under 23 Pa.C.S. § 6114 [   ] [   ] ______ ______

[   ] Finding of contempt of a Protection of Victims of Sexual Violence and Intimidation order or agreement under 42 Pa.C.S. § 62A14 [   ] [   ] ______ ______

[   ] Driving under the influence of drugs or alcohol [   ] [   ] ______ ______

[   ] Manufacture, sale, delivery, holding, offering for sale, or possession of any controlled substance or other drug or device [   ] [   ] ______ ______

3. Abuse or Agency Involvement. Check the box next to any statement that applies to you, a household member, or your child.

Check
all that
apply Self Household Member Child

[   ] Involvement with a children and youth social service agency in Pennsylvania or a similar agency in another jurisdiction. [   ] [   ] [   ]

What jurisdiction?: __________

[   ] A determination or finding of abuse (i.e., indicated or founded report) by a children and youth social service agency or court in Pennsylvania or a similar agency or court in another jurisdiction. [   ] [   ] [   ]

What jurisdiction?: __________

[   ] An adjudication of dependency or delinquency under Pennsylvania's Juvenile Act, or a similar law in another jurisdiction, and the record is publicly available as set forth in 42 Pa.C.S. § 6307. [   ] [   ] [   ]

What jurisdiction?: __________
Is the case active? __________

[   ] A history of perpetrating ''abuse'' as that term is defined in the Protection from Abuse Act, 23 Pa.C.S. § 6102. [   ] [   ] [   ]

[   ] A history of perpetrating ''sexual violence'' or ''intimidation'' as those terms are defined in 42 Pa.C.S. § 62A03 (relating to Protection of Victims of Sexual Violence and Intimidation). [   ] [   ] [   ]

[   ] Other: __________ [   ] [   ] [   ]

4. If you checked a box in (2) or (3), list any evaluation, counseling, or other treatment received as a result:

5. If you checked a box in (2) or (3) that applies to your household member, who is not a party, state that person's name, date of birth, and relationship to the child.

6. If you are aware that the other party or the other party's household member has a criminal record or abuse history, please explain:

ONLY A PARTY CAN SIGN THIS FORM. IF A PARTY IS REPRESENTED BY AN ATTORNEY, THE ATTORNEY CANNOT SIGN THIS FORM ON BEHALF OF THE PARTY.

I verify that the information above is true and correct to the best of my knowledge, information, or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

_________________
_________________
Date
Plaintiff/Defendant Signature
_________________
Printed Name

I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing confidential information and documents differently than non-confidential information and documents.

_________________
Signature
__________
Printed Name

Comment:

There is no obligation for the court to conduct an independent investigation of a party's or the party's household member's criminal record or abuse history.

The intent of subdivision (a)(4) is for the court and parties to have the most current information available, including after a final order—provided the child remains under the court's jurisdiction. Although the subdivision provides for the filing of an updated Criminal Record/Abuse History Verification form at a hearing, pretrial conference, or trial, the terminology used by a judicial district may vary for these court proceedings.

As used in subdivision (a), a ''child custody action'' is intended to include any action where custody may be awarded, including a protection from abuse action.

For subdivision (c)(6), see Pa.R.Civ.P. 1930.5 (discovery in domestic relations matters) and Pa.R.E. 614 (court's calling or examining a witness).

Given the sensitive nature of the record, see Pa.R.Civ.P. 1930.1 (form of caption and applicability of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania).

(Editor's Note: Rules 1915.3-3 and 1915.3-4 are proposed to be added and they are printed in regular type to enhance readability.)

(This is an entirely new rule.)

Rule 1915.3-3. Report of Child Abuse and Protective Services.

(a) General Rule. A court shall determine whether a participant in a child custody action has a history of child abuse or involvement with protective services.

(b) Definitions. The following definitions shall apply to this rule:

(1) ''Participant'' shall include any party, child, or member of a party's household identified on the Criminal Record or Abuse History Verification, as required by Pa.R.Civ.P. 1915.3-2.

(2) ''County agency'' shall have the same meaning as set forth in Pa.R.J.C.P. 1120 (defining ''county agency'').

(3) ''Form'' shall be the form found at Pa.R.Civ.P. 1915.3-4.

(c) Submission. Whenever a party has disclosed a history of child abuse or involvement with protective services pursuant to Pa.R.Civ.P. 1915.3-2, or the court or its designee believes that further inquiry is warranted, the court shall confirm or identify all participants on the form in Pa.R.Civ.P. 1915.3-4 and transmit the form for completion to the county agency with notice to the parties.

(d) Return. The county agency shall complete the form for all participants and return it to the court no later than five days or the time specified by the court after receiving the submission.

(e) Dissemination. Upon receipt of the completed form, the court shall promptly docket and disseminate it to the parties.

(f) Confidentiality. The completed form shall be confidential and not publicly accessible. Further dissemination by the recipients of the form is in violation of 23 PA.C.S. Ch. 63 (Child Protective Services Law).

(g) Witnesses. The parties may subpoena with leave of court, or the court may otherwise order, the county agency to provide a witness or witnesses to attend and testify about any child abuse history or protective services disclosed on the form.

Comment:

This rule is intended to implement 23 Pa.C.S. § 5329.1.

As used in subdivision (a), a ''child custody action'' is intended to include any action where custody may be awarded, including a protection from abuse action.

For subdivision (c), the court may use Part I (Participant) of each party's Criminal Record or Abuse History Verification (''Verification''), as provided in Rule 1915.3-2, in lieu of completing the ''participant'' section of the form. The court shall indicate the request for information by checking the box at the top of the first page of the Verification.

For subdivision (f), see Pa.R.Civ.P. 1930.5 (discovery in domestic relations matters) and Pa.R.E. 614 (court's calling or examining a witness).

Given the sensitive nature of the record, see Pa.R.Civ.P. 1930.1 (form of caption and applicability of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania).

Rule 1915.25(c) suspends 23 Pa.C.S. § 6339, insofar as it is inconsistent with this rule.

(This is an entirely new rule.)

Rule 1915.3-4. Form for Report of Child Abuse and Protective Services.

The report of child abuse and protective services pursuant to Pa.R.Civ.P. 1915.3-3 shall be substantially in the following form:

(Caption)

[   ] CRIMINAL RECORD/ABUSE HISTORY VERIFICATION

[   ] REPORT OF CHILD ABUSE AND PROTECTIVE SERVICES REQUESTED BY COURT

(Court may use the first page of the parties' criminal record/abuse history verification or may complete a new form.)

1. Participants. Please list ALL adult members in your/the participant's household and attach sheets if necessary:

Name Date of Birth Address Relationship to Child(ren)

_____ Party requests their residence remain confidential as they are protected by the Protection from Abuse Act, 23 Pa.C.S. § 6112, or the Domestic and Sexual Violence Victim Address Confidentiality Act, 23 Pa.C.S. §§ 6701—6713, or the Child Custody Act, 23 Pa.C.S. § 5336(b), or they are in the process of seeking protection under the same.

Please list ALL members in the opposing party's household and attach sheets if necessary:

Name Date of Birth Address Relationship to Child(ren)

_____ Party requests their residence remain confidential as they are protected by the Protection from Abuse Act, 23 Pa.C.S. § 6112, or the Domestic and Sexual Violence Victim Address Confidentiality Act, 23 Pa.C.S. §§ 6701—6713, or the Child Custody Act, 23 Pa.C.S. § 5336(b), or they are in the process of seeking protection under the same.

SUBJECT CHILD(REN)—Attach additional sheets if necessary:

Name Date of Birth

***End of Page 1***

TO BE COMPLETED BY THE COUNTY AGENCY:

CHECK ALL THAT APPLY:

____ No information on this family within county agency records.

____ Child Protective Services (Complete CPS section below).

____ General Protective Services (Complete GPS section below).

2. Child Protective Services (CPS) Cases:

Was any child(ren), listed above, subject of an indicated or founded report of child abuse? Circle your response and supplement, if indicated.

Yes No If yes, indicate date(s) of incident(s) and name(s):

Was any child(ren), listed above, subject of a founded report of child abuse?

Yes No If yes, indicate date(s) of incident(s) and name(s):

Has a party or member of the party's household been identified as the perpetrator in an indicated or founded report of child abuse?

Yes No If yes, indicate date(s) of incident(s) and name(s):

Has a party or member of the party's household been identified as the perpetrator in a founded report of child abuse?

Yes No If yes, indicate date(s) of incident(s) and name(s):

If any of the questions above are answered ''Yes,'' provide the following information:

Name of county agency: __________

County agency caseworker(s): (please list current or most recently assigned if known)
__________

County agency supervisor(s): (please list current or most recently assigned if known)
__________

For each instance, please provide: (Attach additional sheets if necessary to provide the information below for additional participants)

A. Determination date of indicated or founded CPS referral(s):
__________

B. Was a service provided?

No If answered ''No'', skip questions C, D, E, and F.

Yes If answered ''Yes'', please list the type of service(s) and name of service provider(s):

C. Date services ended, if applicable:

D. Who received the services?
__________

E. Services were:
____ Voluntary ____ Court-ordered. If court-ordered,
please provide the docket number:

F. Generally describe the services provided:
__________

G. If the county agency made referrals to outside providers, list the type of service and the name of the service provider:
__________

3. General Protective Services (GPS) Cases:

Has a party or a member of a party's household been provided services? Circle your response and supplement, if indicated.

Yes No If answered ''Yes,'' provide the following information:

Name of county agency: __________

County agency caseworker(s): (please list current or most recently assigned, if known)
__________

County agency supervisor(s): (please list current or most recently assigned if known)
__________

For each instance, please provide: (attach additional sheets if necessary to provide the information below for additional participants)

A. The concerns identified on the GPS referral(s) were:
Valid Invalid
Determination date:

B. Was a service provided?
No If answered ''No'', skip questions C, D, E and F.
Yes If answered ''Yes'', please list the type of service(s) and name of service provider(s):
C. Date GPS services ended, if applicable: __________
D. Who received GPS services? __________
E. GPS Services were:
____ Voluntary ____ Court-ordered. If court-ordered please provide the docket number:

F. Generally describe the services provided:
__________

G. If the county agency made referrals to outside providers, list the type of service and the name of the service provider:
__________

Comment:

Rule 1915.25(c) suspends 23 Pa.C.S. § 6339, insofar as it is inconsistent with this rule.

(Editor's Note: Pa.R.Civ.P. 1915.4-4 as printed in 231 Pa. Code reads ''Official Note'' rather than ''Note.'' The Explanatory Comment is not codified in 231 Pa. Code.)

Rule 1915.4-4. Pre-Trial Procedures.

[A pre-trial conference in an initial custody or modification proceeding shall be scheduled before a judge at the request of a party or sua sponte by the court and the procedure shall be as set forth in this rule. If a party wishes to request a pre-trial conference, the praecipe set forth in subdivision (g) shall be filed. The scheduling of a pre-trial conference shall not stay any previously scheduled proceeding unless otherwise ordered by the court.

(a) The praecipe may be filed at any time after a custody conciliation or conference with a conference officer unless a pre-trial conference has already been scheduled or held. The pre-trial conference may be scheduled at any time, but must be scheduled at least 30 days prior to trial.

(b) Not later than five days prior to the pre-trial conference, each party shall file a pre-trial statement with the prothonotary's office and serve a copy upon the court and the other party or counsel of record. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court:

(1) the name and address of each expert whom the party intends to call at trial as a witness;

(2) the name and address of each witness the party intends to call at trial and the relationship of that witness to the party. Inclusion of a witness on the pre-trial statement constitutes an affirmation that the party's counsel or the self-represented party has communicated with the witness about the substance of the witness's testimony prior to the filing of the pretrial statement; and

(3) a proposed order setting forth the custody schedule requested by the party.

In addition to the above items included in the pre-trial statement, any reports of experts and other proposed exhibits shall be included as part of the pre-trial statement served upon the other party or opposing counsel, but not included with the pre-trial statement served upon the court.

Note: See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

(c) If a party fails to file a pre-trial statement or otherwise comply with the requirements of subdivision (b), the court may make an appropriate order under Pa.R.C.P. No. 4019(c)(2) and (4) governing sanctions.

(d) Unless otherwise ordered by the court, the parties may amend their pre-trial statements at any time, but not later than seven days before trial.

(e) At the pre-trial conference, the following shall be considered:

(1) issues for resolution by the court;

(2) unresolved discovery matters;

(3) any agreements of the parties;

(4) issues relating to expert witnesses;

(5) settlement and/or mediation of the case;

(6) such other matters as may aid in the disposition of the case; and

(7) if a trial date has not been scheduled, it shall be scheduled at the pre-trial conference.

(f) The court shall enter an order following the pre-trial conference detailing the agreements made by the parties as to any of the matters considered, limiting the issues for trial to those not disposed of by agreement and setting forth the schedule for further action in the case. Such order shall control the subsequent course of the action unless modified at trial to prevent manifest injustice.

(g) The praecipe for pre-trial conference shall be substantially in the following form:

(Caption)

PRAECIPE FOR PRE-TRIAL CONFERENCE

To the Prothonotary:

Please schedule a pre-trial conference in the above-captioned custody matter pursuant to Pa.R.C.P. No. 1915.4-4.

The parties' initial in-person contact with the court (conference with a conference officer or judge, conciliation, or mediation) occurred on _________________ .

Plaintiff/Defendant/Attorney for Plaintiff/Defendant

EXPLANATORY COMMENT

In 2013, the Domestic Relations Procedural Rules Committee (the ''Committee'') recognized there was a wide disparity in pre-trial procedures in custody cases among the various judicial districts. By adopting this rule, the Supreme Court established uniform state-wide pre-trial procedures in custody cases. With an eye toward reducing custody litigation, the rule encourages early preparation and court involvement for purposes of expedited resolutions. The rule was based upon the pretrial procedures in divorce cases as set forth in Pa.R.C.P. No. 1920.33(b). The rule does not affect, however, the First Judicial District's practice of conducting a pre-trial conference upon the filing of a motion for a protracted or semi-protracted trial.

In 2015, the Committee expressed concern the rule as previously adopted by the Supreme Court allowed for an interpretation contrary to the intent of the rule. The Committee proposed and the Court adopted an amendment to the rule to clarify the rule's mandate as it relates to witnesses. As a goal of any pre-trial conference is to settle the case, in whole or in part, the Committee believed a best practice in reaching that goal is having a thorough knowledge of the case, including the substance of anticipated witness testimony. As amended, the rule plainly states that counsel or a self-represented party is required to discuss with the witness their testimony prior to including the witness on the pre-trial statement.

Unlike Pa.R.C.P. No. 1920.33(b), the rule does not require inclusion of a summary of the witness's testimony in the pre-trial statement; but rather, an affirmation by counsel or self-represented party that there was actual communication with each witness about the witness's testimony. With the additional information from witnesses, counsel, self-represented parties, and the trial court can better engage in more fruitful settlement discussions at the pre-trial conference.]

(This is entirely new text.)

(Editor's Note: The following text is proposed to be added and is printed in regular type to enhance readability.)

(a) Pre-Trial Conference.

(1) The court shall schedule a pre-trial conference before a judge in an initial custody or modification proceeding at the request of a party or by the court sua sponte.

(2) The pre-trial conference scheduling procedure shall be as follows:

(i) If a party wishes to request a pre-trial conference, the party shall file a praecipe set forth in subdivision (h).

(ii) A party may file the praecipe any time after a custody conciliation or conference unless a pre-trial conference has already been scheduled or held.

(iii) The scheduling of a pre-trial conference shall not stay a previously scheduled proceeding unless otherwise ordered by the court.

(iv) The pretrial conference may be scheduled at any time, but shall be scheduled at least 30 days prior to trial.

(b) Pre-Trial Statement.

(1) Not later than five days prior to the pre-trial conference, each party shall file a pre-trial statement with the prothonotary and serve a copy upon the court and the other party or the party's counsel.

(2) The pre-trial statement shall include, together with any additional information required by special order of the court, the following matters:

(i) the name and address of each expert whom the party intends to call as a witness at trial;

(ii) the name and address of each person the party intends to call as a witness at trial and the relationship of that witness to the party. Inclusion of a witness on the pre-trial statement constitutes an affirmation that the party's counsel or the self-represented party has communicated with the witness about the substance of the witness's testimony prior to the filing of the pre-trial statement; and

(iii) a proposed order setting forth the custody schedule requested by the party.

(c) Exhibits. In addition to subdivision (b)(2), the party shall include any proposed exhibits to be introduced at trial, including the expert's report, as part of the pre-trial statement served upon the other party or other party's counsel, but the proposed exhibits shall not be included with the pre-trial statement served upon the court.

(d) Sanctions. If a party fails to file a pre-trial statement or otherwise comply with the subdivision (b), the court may sanction the party as provided in Pa.R.Civ.P. 4019(c)(2) and (c)(4).

(e) Amendments. Unless the court orders otherwise, the parties may amend a pretrial statements at any time, but not less than seven days before trial.

(f) Topics. The court shall consider the following topics at the pre-trial conference:

(1) issues for resolution by the court;

(2) unresolved discovery matters;

(3) agreements of the parties;

(4) issues relating to expert witnesses;

(5) settlement or mediation of the case;

(6) a party's or household member's criminal record or abuse history or a party's, household member's, or child's involvement with the juvenile dependency court or the children and youth social service agency as outlined in 23 Pa.C.S. §§ 5329 and 5329.1, including the admissibility of related documents, other evidentiary issues, or testimony;

(7) such other matters that may aid in the disposition of the case; and

(8) if a trial date has not been scheduled, the court shall schedule the trial at the pre-trial conference.

(g) Order. The court shall enter an order following the pre-trial conference detailing the parties' agreements as to any of the matters considered, limiting the trial to unresolved issues, and setting forth the schedule for further action in the case. The order shall control the subsequent course of the action unless modified at trial to prevent manifest injustice.

(h) Form. The praecipe for pre-trial conference required by this rule shall be substantially in the following form:

PRAECIPE FOR PRE-TRIAL CONFERENCE

To the Prothonotary:

Please schedule a pre-trial conference in the above-captioned custody matter pursuant to Pa.R.Civ.P. 1915.4-4.

The parties' initial in-person contact with the court (conference with a conference officer or judge, conciliation, or mediation) occurred on ______ .

__________
Plaintiff/Defendant/
Attorney for Plaintiff/Defendant

Comment:

Rule 1930.1(b) may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

(Editor's Note: Pa.R.Civ.P. 1915.7 as printed in 231 Pa. Code reads ''Official Note'' rather than ''Note.'' The Explanatory Comment—1981 is not codified in 231 Pa. Code.)

Rule 1915.7. Consent Order.

[If the parties have an agreement regarding custody and request that the court enter a consent order incorporating the agreement's terms:

(a) the parties shall submit to the court a proposed custody order bearing the parties' written consent; or

(b) the parties may state the agreement on the record, provided that:

(1) within ten days of placing the agreement on the record, the parties comply with subdivision (a); or

(2) the court memorializes the oral agreement from the record into a written custody order.

Note: See Pa.R.Civ.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

See Pa.R.C.P. No. 1915.10(b) regarding written custody order requirements.

EXPLANATORY COMMENT—1981

As in other types of litigation, determination of an action through agreement of the parties is a desirable goal. However, the power of the parties to enter into an agreement is not absolute. In Com. ex rel. Veihdeffer v. Veihdeffer, 235 Pa.Super. 447, 344 A.2d 613, 614 (1975), the Superior Court stated:

It is well settled that an agreement between the parties as to custody is not controlling but should be given weight taking into consideration all the circumstances. . . . A child cannot be made the subject of a contract with the same force and effect as if it were a mere chattel has long been established law.

If the parties seek to have their agreement incorporated into a consent order, Rule 1915.7 provides two methods of presenting the agreement to the court. The first is by noting the agreement on the record. The second is by submitting to the court a proposed order bearing the written consent of the parties. Whichever method is used, however, the parties must be present before the court unless the court directs otherwise. The child affected by the order need be present only if the court so directs.

Explanatory Comment—2019

The rule has been amended to ensure that when a custody agreement is orally placed on the record that a written custody order prepared by the parties memorializing the parties' agreement is timely submitted to the court or the court memorializes the oral agreement into a written custody order. The amendment avoids the untenable circumstance that the only written record of the parties' oral agreement is a transcription of what had been placed on the record. Transcription agreements are often cumbersome and difficult to discern as to the custody terms and provisions, which makes enforcement difficult. This amendment is consistent with the holding in R.L.P. v. R.F.M., 110 A.3d 201 (Pa. Super. 2015).]

(This is entirely new text.)

(Editor's Note: The following text is proposed to be added and is printed in regular type to enhance readability.)

(a) Agreement. If the parties have an agreement regarding custody, the parties may request that the court incorporate the agreement's terms into a consent order.

(b) Consent Order.

(1) The parties shall submit to the court a proposed custody order bearing the parties' written consent; or

(2) the parties may state the agreement on the record, provided:

(i) within ten days of placing the agreement on the record, the parties comply with subdivision (a); or

(ii) the court memorializes the oral agreement from the record into a written custody order.

Comment:

Rule 1930.1(b) may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

As in other types of litigation, determination of an action through agreement of the parties is a desirable goal. However, the power of the parties to enter into an agreement is not absolute.

It is well settled that an agreement between the parties as to custody is not controlling but should be given weight taking into consideration all the circumstances. . . . A child cannot be made the subject of a contract with the same force and effect as if it were a mere chattel has long been established law.

Com. ex rel. Veihdeffer v. Veihdeffer, 344 A.2d 613, 614 (Pa. Super. 1975).

(Editor's Note: Pa.R.Civ.P. 1915.10 as printed in 231 Pa. Code reads ''Official Note'' rather than ''Note.'' Explanatory Comments 2019 and 2021 are not codified in the Code.)

Rule 1915.10. Decision. Order.

[(a) The court may make the decision before the testimony has been transcribed. The court shall state the reasons for its decision on the record in open court or in a written opinion or order.

Note: See 23 Pa.C.S. § 5323(d).

(b) The court shall enter a custody order as a separate written order or in a separate section of a written opinion.

(1) The court's order shall state sufficiently specific terms to enforce the order.

(2) If the court has made a finding that a party or child is at risk of harm, the court's order shall include safety provisions for the endangered party's or child's protection.

(3) The court may order that the case caption use the parties' initials rather than the parties' names based on the sensitive nature of the facts in the case record and the child's best interest.

Note: See Pa.R.C.P. No. 1930.1(a).

(4) When drafting a written opinion or order in an action having the parties' initials in the case caption, the court shall:

(i) avoid using specific identifiers for people, places, or things that may indirectly reveal the child's identity; and

(ii) use generalized identifiers when describing a child's school, activities, affiliated organizations, or other similar terms.

(c) A custody order shall include a notice outlining the parties' obligations under 23 Pa.C.S. § 5337, regarding a party's intention to relocate with a minor child.

Note: See 23 Pa.C.S. § 5323(c) and Pa.R.C.P. No. 1915.17.

(d) A party may not file a motion for post-trial relief to an order of legal or physical custody.

Explanatory Comment—2019

Subdivision (b) further defines and reinforces the requirements in 23 Pa.C.S. § 5323(e). Examples of safety provisions include, but are not limited to, supervised physical custody, a supervised or neutral custody exchange location, a neutral third-party present at custody exchanges, telephone or computer-facilitated contact with the child, no direct contact between the parties, third-party contact for cancellations, third-party transportation, and designating a secure, neutral location as repository for a child's passport.

Additionally, subdivision (b) requires a court to enter a custody order as a separate written order or in a separate section of a written opinion. The subdivision also addresses the practice of orally entering a custody order on the record without formalizing the custody order in writing. In such circumstances, the parties' only documentation of the custody order is a transcription of the oral record. In R.L.P. v. R.F.M., 110 A.3d 201 (Pa. Super. 2015), the Superior Court held that ''in order to be sufficiently specific to be enforced, an order of custody must be entered as a separate written order, or as a separate section of a written opinion.'' Id. at 206. Despite the Superior Court's decision, the practice of placing custody orders on the record without subsequently entering a written order has continued, which has been problematic for enforcement and understanding of the agreement's or order's terms.

Explanatory Comment—2021

Subdivision (b)(3) allows the court discretion to initialize a custody action's case caption when the child's privacy may be compromised by the sensitive nature of the facts in the case record. When the court determines that the case caption should be initialized, additional privacy safeguards are required under subdivision (b)(4).

Subdivision (b)(4) recognizes that inadvertent disclosure of the child's identity and privacy may occur if the written custody order or opinion provides specific details of the child's life (i.e., school, extracurricular activities). Subdivision (b)(4) requires that the court refrain from using specific identifiers; instead, the court should use general terms (i.e., high school, not John F. Kennedy High School). In circumstances in which name specificity is required, such as school choice, the court should consider a separate order for that issue.]

(This is entirely new text.)

(Editor's Note: The following text is proposed to be added and is printed in regular type to enhance readability.)

(a) Decision.

(1) The court may decide custody before the testimony has been transcribed.

(2) The court shall state the reasons for its decision:

(i) on the record in open court; or

(ii) in a written opinion or order.

(b) Order. The court shall enter a custody order as a separate written order or in a written opinion as a separate section.

(1) The court's order shall sufficiently state specific terms to enforce the order.

(2) If the court finds that a party or child is at risk of harm, the court's order shall include safety provisions for the endangered party's or the child's protection.

(3) The court may order that the case caption use the parties' initials rather than the parties' names based on the sensitive nature of the facts in the case record and the child's best interest.

(4) When drafting a written opinion or order in an action having the parties' initials in the case caption, the court shall:

(i) avoid using specific identifiers for people, places, or things that may indirectly reveal the child's identity; and

(ii) use generalized identifiers when describing a child's school, activities, affiliated organizations, or other similar terms.

(c) Party Obligations. A custody order shall include a notice outlining the parties' obligations under:

(1) 23 Pa.C.S. § 5337, regarding a party's intention to relocate with a minor child; and

(2) Pa.R.Civ.P. 1915.3-2(a)(4)(ii), regarding a party's ongoing obligation to complete, file, and serve the Criminal Record/Abuse History Verification form.

(d) No Post-Trial Relief. A party shall not file a motion for post-trial relief to an order of legal or physical custody.

Comment:

See 23 Pa.C.S. § 5323(d) (requiring the court to delineate the reasons for its decision on the record in open court or in a written opinion or order).

See Pa.R.Civ.P. 1930.1(a)(2) (permitting the court to order that the case caption contain the parties' initials rather than their names in custody actions).

See 23 Pa.C.S. § 5323(c) (requiring that an order include notice of a party's obligations under § 5337, relating to relocation) and Pa.R.Civ.P. 1915.17 (outlining the requirements for the proposed relocation of a child's residence).

Subdivision (b) further defines and reinforces the requirements in 23 Pa.C.S. § 5323(e). Examples of safety provisions include, but are not limited to, supervised physical custody, a supervised or neutral custody exchange location, a neutral third-party present at custody exchanges, telephone or computer-facilitated contact with the child, no direct contact between the parties, third-party contact for cancellations, third-party transportation, and designating a secure, neutral location as repository for a child's passport.

Additionally, subdivision (b) requires a court to enter a custody order as a separate written order or in a separate section of a written opinion. The subdivision also addresses the practice of orally entering a custody order on the record without formalizing the custody order in writing. In such circumstances, the parties' only documentation of the custody order is a transcription of the oral record. In R.L.P. v. R.F.M., 110 A.3d 201 (Pa. Super. 2015), the Superior Court held that ''in order to be sufficiently specific to be enforced, an order of custody must be entered as a separate written order, or as a separate section of a written opinion.'' Id. at 206. Despite the Superior Court's decision, the practice of placing custody orders on the record without subsequently entering a written order has continued, which has been problematic for enforcement and understanding of the agreement's or order's terms.

Pursuant to subdivision (b)(3), the court may initialize a custody action's case caption if the child's privacy may be compromised by the sensitive nature of the facts in the case record. If the court determines that the case caption should be initialized, additional privacy safeguards are required under subdivision (b)(4).

Subdivision (b)(4) recognizes that inadvertent disclosure of the child's identity and privacy may occur if the written custody order or opinion provides specific details of the child's life, i.e., school, extracurricular activities. Subdivision (b)(4) requires that the court refrain from using specific identifiers; instead, the court should use general terms, e.g., ''high school,'' not ''John F. Kennedy High School.'' In circumstances in which name specificity is required, such as school choice, the court should consider a separate order for that issue.

Under no circumstance does a party filing an updated Criminal Record/Abuse History Verification form impose a duty on the court to review, respond, or react to a newly revealed criminal record or abuse history unless a party petitions the court for relief.

(Editor's Note: Pa.R.Civ.P. 1915.15 as printed in 231 Pa. Code reads ''Official Note'' rather than ''Note.'')

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

(a) Complaint. The complaint in a custody action shall be substantially in 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) ______ .

3. Plaintiff seeks (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody) of the following child(ren):

Name
Present Residence
Age
_______________________________________________
_______________________________________________
_______________________________________________

The child (was) (was not) born out of wedlock.

The child is presently in the custody of _________________ , (Name) who resides at
_______________________________________________
(Street)
(City)
(State)

During the past five years, the child has resided with the following persons and at the following addresses:

(List All Persons)
(List All Addresses)
(Dates)
_______________________________________________
_______________________________________________
_______________________________________________

A parent of the child is _________________ , currently residing at _________________ .

This parent is (married) (divorced) (single).

A parent of the child is _________________ , currently residing at _________________ .

This parent is (married) (divorced) (single).

4. Plaintiff's relationship to the child is that of ___________________________ .

Plaintiff currently resides with the following persons:

Name
Relationship
_______________________________________________
_______________________________________________

5. Defendant's relationship to the child is that of _________________ .
Defendant currently resides with the following persons:

Name
Relationship
_______________________________________________
_______________________________________________

6. Plaintiff (has not) participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is:
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________

Plaintiff (has) (has no) information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The court, term and number, and its relationship to this action is: ______ .
Plaintiff (knows) (does not know) of a person not a party to the proceedings who has physical custody of the child or claims to have custodial rights with respect to the child. The name and address of such person is: ______ .

7. The child's best interest and permanent welfare will be served by granting the relief requested because (set forth facts showing that the granting of the relief requested will be in the child's best interest and permanent welfare):
_______________________________________________
_______________________________________________

8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody of the child will be given notice of the pendency of this action and the right to intervene:

Name
Address
Basis of Claim
_______________________________________________
_______________________________________________

9. Standing.
(a) If the plaintiff is seeking physical or legal custody of a child and is in loco parentis to the child, the plaintiff shall plead facts establishing standing under 23 Pa.C.S. § 5324(2).
_______________________________________________
_______________________________________________
(b) If the plaintiff is a grandparent seeking physical or legal custody of a grandchild and is not in loco parentis to the child, the plaintiff shall plead facts establishing standing under 23 Pa.C.S. § 5324(3).
_______________________________________________
_______________________________________________

(c) If the plaintiff is seeking physical or legal custody of a child and is not in loco parentis to the child, the plaintiff shall plead facts establishing standing pursuant to 23 Pa.C.S. § 5324(4) and (5).
_______________________________________________
_______________________________________________

(d) If the plaintiff is a grandparent or great-grandparent seeking partial physical custody or supervised physical custody of a grandchild or great-grandchild, the plaintiff shall plead facts establishing standing under 23 Pa.C.S. § 5325.
_______________________________________________
_______________________________________________

10. Plaintiff has attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.Civ.P. 1915.3-2.

Wherefore, Plaintiff requests the court to grant (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody) of the child.

__________
Plaintiff/Attorney for Plaintiff

I verify that the statements made in this Complaint 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.

__________
Plaintiff

[Note: The form of complaint is appropriate if there is one plaintiff and one defendant and the custody of one child is sought or the custody of several children is sought and the information required by Paragraphs 3 to 7 is identical for all of the children. If there are more than two parties, the complaint should be appropriately adapted to accommodate them. If the custody of several children is sought and the information required is not identical for all of the children, the complaint should contain a separate paragraph for each child.

See Pa.R.Civ.P. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.]

(b) Petition for Modification. A petition for modification of a custody order shall be substantially in the following form:

(Caption)

PETITION FOR MODIFICATION OF A CUSTODY ORDER

1. Petitioner is _________________ and resides at _________________ .

2. Respondent is _________________ and resides at _________________ .

3. Petitioner 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 the Order is attached.

4. This Order should be modified because: __________
_______________________________________________
_______________________________________________

5. Petitioner has attached the Criminal Record/ Abuse History Verification form required pursuant to Pa.R.Civ.P. 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 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.

_________________
_________________
Date
Petitioner

[Note: See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.]

(c) Order. The order to be attached at the front of the complaint or petition for modification shall be substantially in the following form:

(Caption)
ORDER OF COURT

You, ______ , (defendant) (respondent), have been sued in court to (OBTAIN) (MODIFY) (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody) of the child(ren): _________________ .

You are ordered to appear in person at _________________ , on _________________ (Address)
(Day and Date)

at _____ , __ .M., for
(Time)

[   ] a conciliation or mediation conference.

[   ] a pretrial conference.

[   ] a hearing before the court.

If you fail to appear as provided by this order, an order for custody may be entered against you or the court may issue a warrant for your arrest.

You must file with the court a verification regarding any criminal record or abuse history regarding you and anyone living in your 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) [but not later than] or within 30 days [after] of service of the [complaint or petition] initiating pleading, whichever occurs first.

No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. § 5337 and Pa.R.Civ.P. 1915.17 regarding relocation.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

___________________________
(Name)
___________________________
(Address)

___________________________
(Telephone Number)

AMERICANS WITH DISABILITIES ACT OF 1990

The Court of Common Pleas of _________________ County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing.

BY THE COURT:
__________
J.

Date: _________________

[EXPLANATORY COMMENT—2008

In an effort to promote uniformity of practice throughout the Commonwealth, several forms are included in the rules. Two aspects of these forms are worthy of mention. First, much of the information which must be set forth in the complaint is required by the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S.A. § 5429. Second, the complaint is verified by use of a statement that it is subject to the penalties of the Crimes Code relating to unsworn falsification to authorities. A notary public is not needed.

EXPLANATORY COMMENT—2020

Act of May 4, 2018, P.L. 112, No. 21, amended 23 Pa.C.S. § 5324 by adding a new class of third-party standing for individuals seeking custody of a child whose parents do not have care and control of the child. The individual seeking custody may or may not be related to the child. Subject to the limitations in 23 Pa.C.S. § 5324(5), the newly added standing provision requires that: (1) the individual has assumed or is willing to assume responsibility for the child; (2) the individual has a sustained, substantial, and sincere interest in the child's welfare; and (3) the child's parents do not have care and control of the child. A plaintiff proceeding under Section 5324(4) shall satisfy the requirements of that provision by clear and convincing evidence. Additionally, if a juvenile dependency proceeding has been initiated, or is ongoing, or if there is an order for permanent legal custody, Section 5324(5) provides that an individual cannot assert standing under Section 5324(4).

Consistent with the Act's statutory change, the Complaint for Custody Paragraph 9 has been revised to include a third party seeking custody of a child under 23 Pa.C.S. § 5324(4) and has been reorganized to sequentially follow the statutory provisions in 23 Pa.C.S. §§ 5324(2)—(4) and 5325. Similarly, Pa.R.C.P. No. 1915.3(e) has been reorganized to sequentially follow the statutory provision sequence. See Pa.R.C.P. No. 1915.3(e).]

Comment:

The form of complaint is appropriate if there is one plaintiff, one defendant, and the custody of one child is sought or the custody of several children is sought and the information required by Paragraphs 3 to 7 is identical for all of the children. If there are more than two parties, the complaint should be appropriately adapted to accommodate them. If the custody of several children is sought and the information required is not identical for all of the children, the complaint should contain a separate paragraph for each child.

Rule 1930.1(b) may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

(Editor's Note: Pa.R.Civ.P. 1915.25 as printed in 231 Pa. Code reads ''Official Note'' rather than ''Note.'')

Rule 1915.25. Suspension of Acts of Assembly.

(a) 23 Pa.C.S. § 5351. Section 5351 of the Domestic Relations Code, 23 Pa.C.S. § 5351, of the Uniform Child Custody Jurisdiction Act, relating to additional parties, is suspended insofar as it provides for the joinder of a person not a party who claims to have custody or visitation rights with respect to the child.

(b) 23 Pa.C.S. § 5334. 23 Pa.C.S. § 5334 is suspended insofar as it (1) requires that a guardian [ad litem] ad litem be an attorney, (2) permits the guardian [ad litem] ad litem to represent both the best interests and legal interests of the child, (3) provides the guardian [ad litem] ad litem the right to examine, cross-examine, present witnesses and present evidence on behalf of the child, and (4) prohibits the guardian [ad litem] ad litem from testifying.

[Note: Rule 1915.6(b) provides that a person not a party who claims to have custody or visitation rights with respect to the child shall be given notice of the pendency of the proceedings and of the right to intervene. ]

(c) 23 Pa.C.S. § 6339. 23 Pa.C.S. § 6339 is suspended insofar as it is inconsistent with Pa.R.Civ.P. 1915.3-3 and 1915.3-4 which provides for the disclosure of such reports by the court to the parties.

Comment:

Rule 1915.6(b) provides that a person not a party who claims to have custody or visitation rights with respect to the child shall be given notice of the pendency of the proceedings and of the right to intervene.

SUPREME COURT OF PENNSYLVANIA
DOMESTIC RELATIONS PROCEDURAL RULES COMMITTEE

PUBLICATION REPORT

The Domestic Relations Procedural Rules Committee (Committee) is proposing the adoption of Pennsylvania Rules of Civil Procedure 1915.3-3 and 1915.3-4, and the amendment of Pennsylvania Rules of Civil Procedure 1915.3-2, 1915.4-4, 1915.7, 1915.10, 1915.15, and 1915.25.

As background, Act 107 of 2013, effective January 1, 2014, prompted the Committee to discuss rule amendments to further those legislative changes, which included directing custody courts to consider child abuse and the involvement of a party, household member, or child with a child protective services agency when determining child custody under 23 Pa.C.S. §§ 5321—5340. Act 107 amended not only Title 23 as it relates to child custody, but also the Child Protective Services Law (CPSL), 23 Pa.C.S. §§ 6301—6375, and the Juvenile Act, 42 Pa.C.S. §§ 6301—6375. The Act directed the Department of Public Welfare, now the Pennsylvania Department of Human Services (DHS), the local county children and youth social services agency and the court of common pleas to cooperate with the exchange of information necessary for a court to determine child custody. See 23 Pa.C.S. § 5329.1(b). DHS and county agencies were directed to provide custody courts with greater access to confidential records and files for proceedings under the CPSL and the Juvenile Act. The information sharing was necessary for the custody court to determine the amended factors in 23 Pa.C.S. §§ 5328(a)(2.1) and 5329.1(a).

These statutory changes raised several procedural and evidentiary issues. First, child custody proceedings are adversarial, and the parties are required to present evidence in support of a claim for custody, including addressing the Section 5328 factors. The parties to a custody proceeding, as well as the custody court, may not have knowledge of all participants' prior or ongoing involvement with a county agency. Further, the parties to a custody proceeding may not have access to juvenile court records or county agency files, which may contain relevant information for the custody proceeding. Moreover, some dependency and county agency information or reports are confidential and, as such, a custody litigant may be precluded from obtaining evidence relevant to the custody action.

Second, the Act amends the CPSL and Juvenile Act by granting courts of common pleas access to reports, files, and court records to assist the court in determining custody. The Committee observes that this access is only provided to the court and not to the parties. As raised in comments to prior proposals, requiring the custody judge to access county agency information and files places the judge in an investigative, rather than an adjudicative, role. Respondents to prior proposals objected to this judicial investigative role.

Complicating matters are varying local procedures and practices for custody cases and juvenile dependency cases. In judicial districts in which a judge may hear both custody and dependency cases or the judicial district is ''one family one judge,'' the issues are less problematic since the custody court often would have knowledge of the parties' or child's involvement with a county agency and dependency court. Additionally, the court would already have access to the dependency case records and may have conducted hearings in which this information had been entered as evidence. However, even in these judicial districts, the issue of how county agency and dependency court information will be entered into evidence in the custody action is still problematic in many circumstances, as is third-party litigants accessing confidential county agency reports and information.

Indicative of the complexity of these issues, the Committee previously published four proposals for public comment on this topic. See 46 Pa.B. 3932 (July 23, 2016), 47 Pa.B. 3333 (June 17, 2017), 49 Pa.B. 3469 (July 6, 2019), and 50 Pa.B. 3826 (August 1, 2020). After reviewing comments from the most recent publication and additional Committee deliberations, the Committee proposes revisions to the previous rule proposal, revisions to other relevant rules and proposes two new rules.

Proposed Adoption of Pa.R.Civ.P. 1915.3-3 (Report of Child Abuse and Protective Services) and Pa.R.Civ.P. 1915.3-4 (Form for Report of Child Abuse and Protective Services).

The Committee proposes a new Pa.R.Civ.P. 1915.3-3 to provide a procedure for a custody court to request information from the local county agency, as well as the return and dissemination of that information. This rule, as well as Pa.R.Civ.P. 1915.3-4, which provides the form for the request of information, will promote uniformity of procedure for each local court.

Subdivision (a) confirms the purpose for the rule, which is in accordance with 23 Pa.C.S. § 5329.1(a). Subdivision (b) provides definitions for both Pa.R.Civ.P. 1915.3-3 and 1915.3-4.

Subdivision (c) outlines the minimum circumstances under which the court should request information from the local county agency. The Committee wanted to provide a general guideline for submission of the court's request, while allowing each court discretion in deciding whether to request a report in other circumstances.

Subdivision (d) provides a timeline for the county agency to return the report to the court. The decision to specify ''no later than five days'' for the return of the report was selected considering the court's need for information as quickly as possible, while being mindful of the administrative burden on county agencies. The proposed subdivision provides the court with the option of designating a different timing if there is a pressing need for the information to be returned sooner.

Subdivision (e) requires the report to be filed with the court and disseminated to the parties. This is to make the report a part of the record and to allow the parties the opportunity to subpoena the county agency, if additional information is needed in a custody proceeding.

Subdivision (f) was deemed necessary due to the Committee's decision that the report should be filed and disseminated to the parties. The intention of this subdivision is to maintain the confidentiality associated with county agency investigations, for the protection of the subject children, parties, and any interested third parties.

Subdivision (g) establishes the right of the parties and the court to subpoena the county agency to provide witnesses to attend any custody proceedings. The Committee believed that this subdivision was necessary due to the elimination of requests for any narrative explanation from the county agency in the report.

The Committee also proposes a new Pa.R.Civ.P. 1915.3-4 providing a form to be used in for this procedure. The form is intended to solicit the factors set forth in in 23 Pa.C.S. § 5329.1. The Committee proposes that the first page of the report in Pa.R.Civ.P. 1915.3-4 be the same as the first page of the Criminal Record or Abuse History Verification in Pa.R.Civ.P. 1915.3-2. Each party's Verification form will be filed with the court after being completed. In appropriate circumstances, the court or its designee can take the first page of each party's Verification form and submit it to the county agency to request information directly from the county agency.

The contents of the proposed form are similar to a DHS form currently in use in some counties. The DHS form, ''Information Sharing in Custody Filings,'' was transmitted with the Office of Children Youth and Families' Bulletin # 3490-19-03 in October 2019. However, the Committee had concerns that some of the items on the DHS form invited open-ended statements and possibly opinions, which would be hearsay if admitted as evidence. Specifically, the Committee sought to eliminate soliciting any potential hearsay in the form as well as the necessity of preserving confidentiality to protect the identity of the reporter and to protect the parties involved. To eliminate potential hearsay statements, the Committee did not include the open-ended requests for ''any pertinent information'' in subdivisions I.(G.) and II.(I.) from the DHS form. The Committee acknowledges this may result in the increased need for a county agency representative to testify in custody proceedings but believed the Pennsylvania Rules of Evidence require it.

To preserve confidentiality, the Committee also omitted the requests for dates of referrals in the DHS form I.(A.) and II.(A.). The general timing of the alleged abuse will be evident, but specifically indicating the date of any referral might pinpoint the referral source, which is to remain confidential.

Amendment of Pa.R.Civ.P. 1915.3-2 (Criminal Record or Abuse History), Pa.R.Civ.P. 1915.4-4 (Pre-Trial Procedures), Pa.R.Civ.P. 1915.7 (Consent Order), Pa.R.Civ.P. 1915.10 (Decision. Order), Pa.R.Civ.P. 1915.15 (Form of Complaint. Caption. Order. Petition to Modify a Custody Order), and Pa.R.Civ.P. 1915.25 (Suspension of Acts of Assembly.)

The Committee proposes amending Pa.R.Civ.P. 1915.3-2, 1915.4-4, 1915.7, 1915.10, 1915.15 and 1915.25. Given the scope of these amendments to Pa.R.Civ.P. 1915.3-2, 1915.4-4, 1915.7 and 1915.10, the text following the rule number and title would be rescinded and replaced. The new text also reflects stylistic revisions such as subdividing and numbering subparts for ease of readability, relocation, and consolidation of commentary.

The Committee proposes comprehensive changes to Pa.R.Civ.P. 1915.3-2, which provides the procedures governing the parties' criminal record and abuse history, including the Verification form. The revised Pa.R.Civ.P. 1915.3-2(a)(1) requires that the Verification form remain confidential. This is to protect the parties, their household members, and the children involved.

Regarding the timing of the filing, the Committee proposes a modest revision of the requirements for the responding party. Currently, the defendant or respondent must file and serve the completed Verification form ''on or before the initial in-person contact with the court. . .but not later than 30 days after service of the complaint or petition.'' As proposed, Pa.R.Civ.P. 1915.3-2(a)(3) would require, in pertinent part, that the Verification form be filed with the prothonotary ''before'' the initial in-person contact or within 30 days of service of the initiating pleading, whichever occurs first. This amendment would ensure the court has the responding party's information before the initial in-person proceeding. The Committee believes it is necessary for the court to have the most current information about the parties' and household member's criminal record and abuse history to properly determine the best interest of the child.

In addition, the parties and court should be informed of any changes to the household membership since the previous filing. As such, subdivision (a)(4) places an obligation on the parties to update the form. This will enable the parties and the court to have current and accurate information so they can understand any potential threats of harm to the child. The parties would be required to update the form either five days after a change in circumstances or no less than one day before any proceeding, whichever occurs first. Subdivision (a)(5) addresses sanctions for a party's failure to comply with the requirement of filing their updated Verification form.

The Committee proposes several changes to the Verification form in subdivision (c). The parties are required to complete the information on the form and the form has been revised to confirm that only a party, and not their attorney, must sign the form. As outlined in proposed Pa.R.Civ.P. 1915.3-4, the first page of the Verification form, which is to include the names of all children and parties involved with the matter, may be used by the court to submit a request to the county agency regarding any involvement by the parties with the county agency, as provided in Pa.R.Civ.P. 1915.3-3.

The form has been expanded to include any pending charges, as well any offenses that have been resolved by Accelerated Rehabilitative Disposition or another diversionary program but have not been expunged. This addition will provide the court with the most relevant and recent information to ensure the best interest of the child, while being cognizant of the limitations associated with requesting information regarding expunged crimes or offenses resolved through limited access or ''Clean Slate'' programs.

Statutory changes impacting Pa.R.Civ.P. 1915.3-2 are the amendments of 23 Pa.C.S. § 5329. Act 32 of 2020, effective August 4, 2020, amended Section 5329 and adds 18 Pa.C.S. § 2718 (related to strangulation) to the list of criminal offenses that the court must consider in determining the best interest of the child. Act 38 of 2021, effective August 30, 2021 amended Section 5329 and adds 18 Pa.C.S. Ch. 30 (related to human trafficking) as well as 18 Pa.C.S. § 5902(b.1) to the list of criminal offenses that the court must consider as well. To provide the court with a complete history of violent or abusive conduct, the Committee proposes the form include that statutory amendment along with adding contempt of Protection of Victims of Sexual Violence and Intimidation order or agreement to the list of offenses included on the form. A ''catch-all'' category of ''other'' is also proposed to be included for other forms of abuse or violent conduct that may not be specifically enumerated.

Concerning Pa.R.Civ.P. 1915.4-4, the proposed amendment would require the court to address the parties' criminal record or abuse history at a pre-trial conference. In addition, the proposed amendment would require the court to address the admissibility of the county agency documents and information and other related evidentiary issues, including authentication of county agency records, during a pretrial conference. The Committee also proposes removing the explanatory comment in Pa.R.Civ.P. 1915.4-4 because it is a historical explanation of prior rulemaking and, in part, is a reiteration of the rule text.

For Pa.R.Civ.P. 1915.7, a portion of the note in the current rule, referencing Pa.R.Civ.P. 1915.10(b) regarding written custody order requirements, is proposed to be eliminated. Pa.R.Civ.P. 1915.10(b) relates to a court's decision in custody, not an agreement by the parties. Therefore, it is irrelevant to Pa.R.Civ.P. 1915.7.

Also proposed is the removal of the 2019 explanatory comment in Pa.R.Civ.P. 1915.7 because it provides a historical explanation of prior rulemaking and, in part, is a reiteration of the rule text. A portion of the 1981 explanatory comment is proposed to be removed due to reiteration of the rule text. The remaining portion of the 1981 explanatory comment was re-styled and would be placed in the Comment.

Regarding Pa.R.Civ.P. 1915.10, subdivision (c) would be amended to require the court's custody order to include a notice outlining the parties' ongoing obligation to update the Verification form post-final order. This amendment is intended to inform the other party of any changes that may have a significant impact on the child and the child's best interest. By requiring a party to update the Verification form when his or her circumstances, or those of a household member, warrant, the other party can obtain information and assess whether a modification of the order is necessary. This requirement is fashioned after the current relocation notice requirement. As proposed, subdivision (c) is subdivided so that both requirements, relocation and updating Verification forms, are in separate subdivisions. A comment was added to confirm that the filing of an updated Verification form does not impose a duty on the court to review, respond, or react unless a party petitions the court for relief. It is proposed that the explanatory comments in Pa.R.Civ.P. 1915.10 be moved to the Comment at the end of the rule.

In Pa.R.Civ.P. 1915.15, subdivision (c) would set forth the form of the order of court that must be attached to the front of the complaint or petition for modification that is served on the defendant or respondent. The change in this rule reflects the same timing as Rule 1915.3-2(a)(3). It is also proposed that the explanatory comments in Pa.R.Civ.P. 1915.15 be removed. They provide reasoning behind the amendments at the time they were drafted, but they do not aid in the application of the rule.

Finally, it is proposed that, Pa.R.Civ.P. 1915.25 be revised to suspend 23 Pa.C.S. § 6339, insofar as it is inconsistent with Pa.R.Civ.P. 1915.3-3 and 1915.3-4. The Committee agreed that the reports from DHS provide critical information for courts to consider in custody matters. If a court relies upon information in these reports, the reports must be provided to the parties to avoid a violation of the parties' right to due process.

The Committee invites comments, concerns, and suggestions regarding this rulemaking proposal.

[Pa.B. Doc. No. 23-628. Filed for public inspection May 12, 2023, 9:00 a.m.]

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Check all that apply	Crime	Self	Other household member	Date of conviction, guilty plea, no contest plea or pending charges	Sentence
[ ]	18 Pa.C.S. Ch. 25 (relating to criminal homicide)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 2702 (relating to aggravated assault)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 2706 (relating to terroristic threats)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 2709.1 (relating to stalking)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 2901 (relating to kidnapping)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 2902 (relating to unlawful restraint)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 2903 (relating to false imprisonment)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 3121 (relating to rape)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 3122.1 (relating to statutory sexual assault)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 3124.1 (relating to sexual assault)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 3125 (relating to aggravated indecent assault)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 3126 (relating to indecent assault)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 3127 (relating to indecent exposure)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 3129 (relating to sexual intercourse with animal)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 3301 (relating to arson and related offenses)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 4302 (relating to incest)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 4303 (relating to concealing death of child)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 4304 (relating to endangering welfare of children)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 4305 (relating to dealing in infant children)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 5902(b) (relating to prostitution and related offenses)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 5903(c) or (d) (relating to obscene and other sexual materials and performances)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 6301 (relating to corruption of minors)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 6312 (relating to sexual abuse of children)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 6318 (relating to unlawful contact with minor)	[ ]	[ ]	______	______
[ ]	18 Pa.C.S. § 6320 (relating to sexual exploitation of children)	[ ]	[ ]	______	______
[ ]	23 Pa.C.S. § 6114 (relating to contempt for violation of protection order or agreement)	[ ]	[ ]	______	______
[ ]	Driving under the influence of drugs or alcohol	[ ]	[ ]	______	______
[ ]	Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device	[ ]	[ ]	______	______

Check all that apply		Self	Other household member	Date
[ ]	A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction	[ ]	[ ]	______
[ ]	Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction	[ ]	[ ]	______
[ ]	Involvement with a Children & Youth Agency or similar agency in Pennsylvania or another jurisdiction. Where?: ______	[ ]	[ ]	______
[ ]	Other: _________________	[ ]	[ ]	______

Check all that apply		Self	Household Member	Child
[ ]	Involvement with a children and youth social service agency in Pennsylvania or a similar agency in another jurisdiction.	[ ]	[ ]	[ ]
	What jurisdiction?: __________
[ ]	A determination or finding of abuse (i.e., indicated or founded report) by a children and youth social service agency or court in Pennsylvania or a similar agency or court in another jurisdiction.	[ ]	[ ]	[ ]
	What jurisdiction?: __________
[ ]	An adjudication of dependency or delinquency under Pennsylvania's Juvenile Act, or a similar law in another jurisdiction, and the record is publicly available as set forth in 42 Pa.C.S. § 6307.	[ ]	[ ]	[ ]
	What jurisdiction?: __________ Is the case active? __________
[ ]	A history of perpetrating ''abuse'' as that term is defined in the Protection from Abuse Act, 23 Pa.C.S. § 6102.	[ ]	[ ]	[ ]
[ ]	A history of perpetrating ''sexual violence'' or ''intimidation'' as those terms are defined in 42 Pa.C.S. § 62A03 (relating to Protection of Victims of Sexual Violence and Intimidation).	[ ]	[ ]	[ ]
[ ]	Other: __________	[ ]	[ ]	[ ]

THE COURTS

Title 231—RULES OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 1915]

Proposed Adoption of Pa.R.Civ.P. 1915.3-3 and 1915.3-4 and Amendment of Pa.R.Civ.P. 1915.3-2, 1915.4-4, 1915.7, 1915.10, 1915.15, and 1915.25

[53 Pa.B. 2560][Saturday, May 13, 2023]

Lynnore K. Seaton, Counsel Domestic Relations Procedural Rules Committee Supreme Court of Pennsylvania Pennsylvania Judicial Center PO Box 62635 Harrisburg, PA 17106-2635 FAX: 717-231-9531 domesticrules@pacourts.us

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1915. ACTIONS FOR CUSTODY OF MINOR CHILDREN

Rule 1915.3-2. Criminal Record or Abuse History.

(Caption)

CRIMINAL RECORD/ABUSE HISTORY VERIFICATION

(Caption)

[ ] CRIMINAL RECORD/ABUSE HISTORY VERIFICATION

[ ] REPORT OF CHILD ABUSE AND PROTECTIVE SERVICES REQUESTED BY COURT

(Court may use the first page of the parties' criminal record/abuse history verification or may complete a new form.)

Comment:

Rule 1915.3-3. Report of Child Abuse and Protective Services.

Comment:

Rule 1915.3-4. Form for Report of Child Abuse and Protective Services.

(Caption)

[ ] CRIMINAL RECORD/ABUSE HISTORY VERIFICATION

[ ] REPORT OF CHILD ABUSE AND PROTECTIVE SERVICES REQUESTED BY COURT

(Court may use the first page of the parties' criminal record/abuse history verification or may complete a new form.)

Comment:

Rule 1915.4-4. Pre-Trial Procedures.

(Caption)

PRAECIPE FOR PRE-TRIAL CONFERENCE

Comment:

Rule 1915.7. Consent Order.

Explanatory Comment—2019

Comment:

Rule 1915.10. Decision. Order.

Explanatory Comment—2019

Explanatory Comment—2021

Comment:

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

(Caption)

COMPLAINT FOR CUSTODY

(Caption)

PETITION FOR MODIFICATION OF A CUSTODY ORDER

(Caption) ORDER OF COURT

[EXPLANATORY COMMENT—2008

EXPLANATORY COMMENT—2020

Comment:

Rule 1915.25. Suspension of Acts of Assembly.

Comment:

SUPREME COURT OF PENNSYLVANIA DOMESTIC RELATIONS PROCEDURAL RULES COMMITTEE

PUBLICATION REPORT

[Pa.B. Doc. No. 23-628. Filed for public inspection May 12, 2023, 9:00 a.m.]

Title 231—RULES OF
CIVIL PROCEDURE

[53 Pa.B. 2560]
[Saturday, May 13, 2023]

Lynnore K. Seaton, Counsel
Domestic Relations Procedural Rules Committee
Supreme Court of Pennsylvania
Pennsylvania Judicial Center
PO Box 62635
Harrisburg, PA 17106-2635
FAX: 717-231-9531
domesticrules@pacourts.us

(Caption)
ORDER OF COURT

SUPREME COURT OF PENNSYLVANIA
DOMESTIC RELATIONS PROCEDURAL RULES COMMITTEE