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PA Bulletin, Doc. No. 07-387

THE COURTS

PART I. RULES

[234 PA. CODE CH. 11]

Order Amending Comment to Rule 1151; No. 409 Supreme Court Rules; Doc. No. 1

[37 Pa.B. 1123]
[Saturday, March 10, 2007]

Order

Per Curiam:

   Now, this 20th day of February 2007, upon the recommendation of the Juvenile Court Procedural Rules Committee and an Explanatory Report to be published with this Order:

   It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the modifications to the comment to Rule of Juvenile Court Procedure 1151 are approved in the following form.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective immediately.

Annex A

TITLE 237. JUVENILE RULES

PART I. RULES

Subpart B. DEPENDENCY MATTERS

CHAPTER 11. GENERAL PROVISIONS

PART B(2).  COUNSEL

Rule 1151. Assignment of Guardian ad litem and Counsel.

*      *      *      *      *

Comment

   See 42 Pa.C.S. §§ 6302, 6311, and 6337.

   The guardian ad litem for the child may move the court for appointment as legal counsel and assignment of a separate guardian ad litem, [especially if] when, for example, the information that the guardian ad litem [is privy to is rise for] possesses gives rise to the conflict and can be used to the detriment of the child. To the extent 42 Pa.C.S. §  6311(b)(9) is inconsistent with this rule, it is suspended. See Rule 1800. See also Pa.R.P.C. 1.7 and 1.8. Under paragraph (C), legal counsel represents the legal interests of the child and the guardian ad litem represents the best interests of the child.

   Official Note: Rule 1151 adopted August, 21, 2006, effective February 1, 2007; amended February 20, 2007, effective immediately.

Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 1151 published with the Court's Order at 36 Pa.B. 5599 (September 2, 2006).

   Final Report explaining the amendments to this rule published with the Court's Order at 37 Pa.B. 1124 (March 10, 2007).

Explanatory Report

February 2007

   The Supreme Court of Pennsylvania has adopted the changes to the Comment of Rule 1151.

   It was brought to the Committee's attention that the Comment to Rule 1151 was missing some language and did not make any sense. There were minor changes made to correct the problem. There were no substantive changes to the Rule.

[Pa.B. Doc. No. 07-387. Filed for public inspection March 9, 2007, 9:00 a.m.]


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