THE COURTS
Title 255—LOCAL COURT RULES
CENTRE COUNTY
Local Rule 1915.4-3 Custody Conciliation Conference; No. 2023-CM-30
[53 Pa.B. 7365]
[Saturday, December 2, 2023]
Order And Now this 16th day of November 2023 it is hereby Ordered that, effective January 2, 2024, a Centre County Local Rule is hereby established to implement Local Rule 1915.4-3 regarding Custody Conciliation Conferences.
Pursuant to Pennsylvania Rules of Judicial Administration 103(d) and after review and subsequent approval from the Supreme Court Rules Committee,
The Centre County District Court Administrator is Directed as follows:
(1) File one (1) copy of the Administrative Order with the Administrative Office of Pennsylvania Courts.
(2) File one (1) copy with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(3) One (1) copy shall be sent to the Centre County Law Library and the editor of the Centre County Legal Journal.
(4) Publish a copy of the Administrative Order on the website of Centre County.
(5) Thereafter, compile the Administrative Order within the complete set of local rules no later than thirty (30) days following the publication in the Pennsylvania Bulletin.
It is further Ordered that a copy shall be kept continuously available for public inspection and copying in the Office of the Prothonotary of Centre County.
By the Court
JONATHAN D. GRINE,
President JudgeLocal Rule 1915.4-3. Custody Conciliation Conference.
A. Upon commencement of an action for any form of legal or physical custody, or an action seeking to initiate or reinstate any proceeding to modify, terminate or otherwise affect contact between children and parties, a custody conciliation conference shall be scheduled. A conciliator shall preside at the conciliation conference.
B. The conciliator shall make every effort to conduct the custody conciliation conference within forty-five (45) days after the commencement of the action. All parties and their attorneys shall attend the custody conciliation conference. Unless ordered by the Court for good cause shown, children should not be brought to the custody conciliation conference and shall not be heard on the issues of custody by the conciliator.
C. The conciliator shall review the court file before the custody conciliation conference to ensure that all pleadings and documents have been properly filed by all parties, including a verification regarding any criminal record or abuse history. If a party has not filed the verification, then the conciliator shall have that party complete the verification before commencing the custody conciliation conference, and the conciliator shall ensure that the verification is filed of record after the conference.
D. The conciliator shall have the ability to request that any party submit to a urine drug analysis at the custody conciliation conference, which shall be performed with that party's consent. If a party requests that another party submit to a drug analysis, the drug analysis shall be performed at the discretion of the conciliator and with the consent of that party.
E. To facilitate the conference process and encourage frank, open and meaningful exchanges between the parties and their respective counsel, statements made by the parties or their attorneys at the conference shall not be admissible as evidence at a later custody proceeding. The conciliator shall not be a witness in any custody proceedings.
F. At the custody conciliation conference, the parties, counsel, and the conciliator shall make a good-faith effort to resolve the issues and reach a partial or full agreement regarding the issues. The conciliator shall conduct the conference as an informational and conciliatory proceeding rather than a confrontational or adversarial proceeding. All parties and counsel must participate in the conference in a cooperative manner and shall adhere to the directives of the conciliator. The conciliator shall attempt to mediate the differences between the parties and encourage an amicable resolution of those differences. The conciliator shall attempt to negotiate an agreement between the parties.
G. If the parties reach an agreement resolving all the issues raised, the conciliator shall forward an agreed upon Order and Parenting Plan to the Court for approval. The Court may enter the agreed upon Order and Parenting Plan as a final order without hearing the parties.
H. If the parties do not reach a final agreement resolving all issues raised but have reached a temporary custody agreement and do not want to proceed to a custody trial, by mutual consent of the parties, they may request the conciliator forward an agreed upon interim Order and Parenting Plan to the Court for review and entry. The case shall then be listed for subsequent custody conciliation conference at a date to be agreed upon by the parties and the conciliator. Any subsequent custody conciliation conference shall be listed as a status conference. Any agreed upon status conferences by the parties as they work towards a final resolution of the custody action shall toll timelines set forth in Pa.R.C.P. 1915.4.
I. If the parties do not reach an agreement resolving all issues raised, the conciliator shall file a written report with the Court that recites the following:
(1) the parties and attorneys that attended the custody conciliation conference;
(2) the results of the custody conciliation conference;
(3) a recommended interim custody order as to legal and physical custody matters which will govern, pending further proceedings with the Court;
(4) an initial determination, subject to ultimate approval by the Court, as to the use of psychological evaluations, home study evaluations, drug and alcohol evaluations and/or treatments, co-parenting counseling, reunification counseling, the appointment of a guardian ad litem, and/or the appointment of counsel for the child(ren);
(5) any recommendations regarding the need for an expedited hearing in emergency and relocation cases;
(6) whether a party should not be compelled to attend a mediation orientation session because a party, or a child of a party, is or has been the subject of domestic violence or child abuse allegedly perpetrated by an opposing party at any time within the preceding twenty-four (24) months; and
(7) a recommendation that the case be scheduled for a pre-trial conference and the estimated number of trial days needed.
Local Rule 1915.4-3.1. Approval of Interim Custody Orders; Exceptions and Reconsideration of Interim Custody Orders.
A. The recommended interim custody order of the conciliator prepared in accordance with Rule 1915.4-3(I)(3) shall be submitted to the court for approval, signature, and entry of record.
B. No exceptions may be filed to an interim custody order. Any matter not stipulated to at the custody conciliation conference may be reviewed at the pre-trial conference or resolved at the custody trial.
C. Should a significant change in circumstances arise after entry of an interim custody order and before the pre-trial conference necessitating a modification of the interim custody order, which modification cannot be amicably agreed upon pending the pre-trial conference, either party may file a motion for reconsideration of the interim order, setting forth all pertinent facts in support thereof and verified by the filing party. The Court Administrator shall refer such motion to the conciliator. Based on the allegations of the motion, the conciliator may take any one or more of the following actions deemed appropriate under the circumstances: (1) recommend an order by the Court summarily denying the motion; (2) hold a telephone or other conference with both parties; (3) after providing the opposing party an opportunity to respond, recommend a modified interim custody order to the Court; or (4) direct that the matter be resolved at the pre-trial conference.
Local Rule 1915.4-3.2. Failure to Appear for Custody Conciliation Conference.
A. A custody conciliation conference may not be cancelled without the written consent of the parties or leave of court.
B. If none of the parties appear for a scheduled custody conciliation conference, the conciliator may:
(1) reschedule the custody conciliation conference; or
(2) prepare and send a proposed Order to the assigned judge indicating that the custody conciliation conference is cancelled and that the pleading is dismissed without prejudice.
C. If any one party fails to appear for a scheduled custody conciliation conference and all parties have been served, the conciliator may:
(1) hold the custody conciliation conference;
(2) reschedule the custody conciliation conference;
(3) make an immediate referral for pre-trial conference; or
(4) prepare and send a proposed Order to the assigned judge indicating that the pleading is dismissed without prejudice.
D. If any one party fails to appear for a scheduled custody conciliation conference and the complaint or petition has not been served on all parties, the custody conciliation conference shall be rescheduled.
Local Rule 1915.4-4.1. Settlement.
A custody case will be removed from the custody conciliation conference, pre-trial schedule and/or the custody trial list only upon written agreement of the parties or Court order.
Local Rule 1915.4-4.2. Case Management and Custody Trial.
A. If the parties do not reach an agreement resolving all issues raised at the custody conciliation conference, the assigned Judge shall issue a Custody Scheduling Order listing the matter for a pre-trial conference and custody trial.
B. At the time set for the pre-trial conference, both parties shall submit documents and information required by the Court's Custody Scheduling Order. Both parties and their respective counsel shall appear before the Court for presentation of the issues and discussion of possible settlement and disposition of any matters referred to the Court.
Local Rule 1915.11-3. Appointment of a Guardian Ad Litem; Physical and Mental Examination of Persons; Psychological Examinations and Home Studies.
A. Upon agreement of the parties at the custody conciliation conference, the conciliator may include in the recommended interim custody order that the Court appoint a guardian ad litem or counsel for the child(ren) and/or a directive that the parties obtain physical evaluations, psychological evaluations, custody evaluations, home study evaluations, drug and alcohol evaluations and/or treatments, co-parenting counseling or reunification counseling prior to the date of the pre-trial conference or trial and may recommend a date by which the parties must make the initial arrangements.
B. Any request by the parties for evaluations made after the initial conference and not made at the pre-trial conference or entered by stipulation must be made by Petition for Special Relief alleging specific facts and reasons for the request.
C. The cost of the guardian ad litem shall be apportioned to the parties as directed by the Court or agreed upon by the parties.
D. Unless otherwise directed by the Court or agreed upon by the parties, the expense of any evaluation shall be borne initially by the party requesting the evaluation and shall be paid in accordance with Pa.R.C.P. 1915.8. A final allocation of the expense may be made by the Court upon entry of an order or decision rendered on any issues raised in the proceeding.
E. Any evaluation filed with the Court shall be filed as a confidential document under the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.
Local Rule 1915.13-1. Petition for Special Relief.
A. Where a party believes there is an immediate clear and present danger to the child(ren), that party may file a petition for special relief. The petition for special relief must be presented as a separate document headed ''Petition for Special Relief.'' The petition shall conform to the requirements of Pa.R.C.P. 1915.15, as may be applicable, and must allege facts which clearly specify the clear and present danger to the welfare of the child(ren).
B. Upon filing and presentation of the petition for special relief to the court for consideration of the allegations, the court shall either:
(1)(a) direct that an initial custody conciliation conference be scheduled before the conciliator; or
(b) if it is ascertained that an initial custody conciliation conference has already been held and an interim order already issued, then:
(i) direct that the conciliator considers the petition for special relief as a reconsideration request under Rule 1915.4-3.1; or
(ii) direct that the issues raised be disposed of at the pre-trial conference or trial;
(2) grant emergency relief and schedule an initial conference or hearing to occur within ten days; or
(3) schedule a conference or hearing before the Court.
C. If a conference or hearing before the Court is scheduled, the party seeking special relief and the respondent(s) must appear before the Court at the time scheduled for the hearing to present testimony. The Court shall determine if probable cause exists to believe there is an immediate clear and present danger to the welfare of the child(ren) involved.
D. As immediately as possible and in any event prior to the conference or hearing before the Court, the petition for special relief and any temporary emergency order shall be served on the opposing party by the petitioning party in the same manner as original process. In addition to service on the opposing party, the petitioner shall make reasonable efforts to provide a copy of the documents to any attorney whom the petitioning party reasonably believes may represent the interests of the other party.
Local Rule 1940.3. Order for Orientation Session and Mediation.
A. If the parties are unable to reach an agreement at the custody conciliation conference, the parties may be ordered by the Court to attend a custody mediation orientation session. Custody mediation shall occur in accordance with Pa.R.C.P. 1940.1 et seq. The mediation may address any issues agreed to by the parties unless limited by court order.
B. Should the parties consent to mediation and successfully reach an agreement, the mediator shall prepare a Memorandum of Understanding. The Memorandum of Understanding shall be forwarded to the Court. The Court may enter the agreed upon Memorandum of Understanding as a final order without hearing the parties. If the Court is satisfied that all pending issues are resolved in the Memorandum of Understanding, the Court shall cancel the pre-trial conference and custody trial based upon the parties' resolution. If it appears that there are remaining issues, the Court may schedule a conference, or refer the case back to the conciliator for further conference.
C. Should parties fail to consent to mediation, or should the parties engage in mediation but fail to reach an agreement, the mediator shall notify the Court.
D. No party shall be compelled to participate in a custody mediation orientation session in cases where any party, or a child of any party, is or has been the subject of domestic violence or child abuse allegedly perpetrated by an opposing party at any time within the preceding twenty-four (24) months.
[Pa.B. Doc. No. 23-1649. Filed for public inspection December 1, 2023, 9:00 a.m.]
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