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237 Pa. Code Rule 182. Qualifications of Juvenile Court Hearing Officer

PART D. JUVENILE COURT HEARING OFFICERS


Rule 182. Qualifications of Juvenile Court Hearing Officer

 A.  Education, Experience, and Training. To preside as a juvenile court hearing officer over cases governed by the Juvenile Act, 42 Pa.C.S. §  6301 et seq., an individual shall:

   1)  be a member, in good standing, of the bar of this Commonwealth;

   2)  have been licensed to practice law for at least five consecutive years; and

   3)  have completed six hours of instruction, approved by the Pennsylvania Continuing Legal Education Board prior to hearing cases, which specifically addresses all of the following topics:

     a)   the Juvenile Act;

     b)   the Pennsylvania Rules of Juvenile Court Procedure;

     c)   the penal laws of Pennsylvania;

     d)   the Child Protective Services Law;

     e)   evidence rules and methodology;

     f)   child and adolescent development; and

     g)   the collateral consequences of an adjudication of delinquency.

 B.  Continuing Education. Upon meeting the requirements of paragraph (A)(3), a juvenile court hearing officer shall thereafter complete six hours of instruction from a course(s) designed by the Juvenile Court Judges’ Commission, in juvenile delinquency law, policy, or related social science research every two years.

 C.  Compliance.

   1)  A juvenile court hearing officer shall sign an affidavit attesting that he or she has met the requirements of this rule.

   2)  Prior to presiding as a juvenile court hearing officer, the attorney shall send the affidavit to the President Judge or his or her designee of each judicial district where the attorney is seeking to preside as a juvenile court hearing officer.

   3)  After submission of the initial affidavit pursuant to paragraph (C)(2), juvenile court hearing officers shall submit a new affidavit every two years attesting that the continuing education requirements of paragraph (B) have been met.

Comment

   Pursuant to paragraphs (A)(1) & (2), juvenile court hearing officers are to be in good standing and have at least five consecutive years of experience as an attorney. It is best practice to have at least two years of experience in juvenile law.

   Pursuant to paragraph (A)(3), the initial training program(s) is to be approved by the Pennsylvania Continuing Legal Education Board (Board). The program may be one course or multiple courses with at least six hours of instruction, equivalent to at least six CLE credits. When the Board is approving courses designed to address the requirements of this rule, it should consult with the Juvenile Court Judges’ Commission to ensure proper course requirements are being met. Additionally, for this initial training course(s), training already provided by the Juvenile Court Judges’ Commission or the Office of Children and Families in the Courts may meet the requirements of this Rule.

   For continuing education under paragraph (B), juvenile court hearing officers are to attend six hours of instruction from a course or multiple courses designed by the Juvenile Court Judges’ Commission. This is to ensure uniform training among juvenile court hearing officers.

   These requirements are additional requirements to the Pa.R.C.L.E. because they mandate specific training in juvenile delinquency law. However, the credit hours received do count towards the total maximum required under Pa.R.C.L.E. 105.

   Pursuant to paragraph (C), a juvenile court hearing officer is to certify to the court that the requirements of this rule have been met prior to presiding as a juvenile court hearing officer, and submit new affidavits every two years thereafter.

   Official Note

   Rule 182 adopted September 11, 2014, amended July 13, 2015, effective August 1, 2017. Amended April 6, 2017, effective September 1, 2017.

   Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 182 published with the Court’s Order at 44 Pa.B. 6087 (September 27, 2014).

   Final Report explaining the amendments to Rule 182 published with the Court’s Order at 45 Pa.B. 3986 (July 25, 2015).

   Final Report explaining the amendments to Rule 182 published with the Court’s Order at 47 Pa.B. 2313 (April 22, 2017).

Source

   The provisions of this Rule 182 adopted September 11, 2014, effective October 1, 2016, 44 Pa.B. 6087; amended July 13, 2015, effective August 1, 2017, 45 Pa.B. 3986; amended April 6, 2017, effective September 1, 2017, 47 Pa.B. 2313. Immediately preceding text appears at serial pages (377939) to (377940).


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