THE COURTS
Title 252--ALLEGHENY COUNTY RULES
ALLEGHENY COUNTY
Family Division; Rule for Actions of Custody, Partial Custody and Visitation of Minor Children; Administrative Doc. No. 85 of 1998
[28 Pa.B. 1936]
Administrative Order of Court And Now, this 2nd day of April, 1998, it appearing that the Allegheny County Court of Common Pleas Family Division has promulgated Local Rules for Actions of Custody, Partial Custody and Visitation of Minor Children which amends the Allegheny County Local Rules for Family Division, it is hereby Ordered that these rules shall be filed and certified by the prothonotary pursuant to Pa.R.C.P. 239., and shall be effective 30 days after publication in the Pennsylvania Bulletin. Copies are available for review in the prothonotary's office.
By the Court
MAX BAER,
Administrative Judge
Local Rule for Actions of Custody, Partial Custody and Visitation of Minor Children Rule 1915.1(a)(1). Scope.
This rule shall be applicable to all actions for custody, partial custody and visitation whether filed as an independent cause of action or as a count in a related proceeding.
i. All individuals with standing to pursue an action for custody, partial custody or visitation with children from birth to age 17 shall complete the custody education program for adults (''Lighthouse'').
ii. All children ages 6 to 17 who are in the care of a party(ies) (''Children'') shall participate in an interactive group program for children (''SandcastlesTM'').
iii. Parties also shall participate fully in the mediation program (''Generations'') operated by Family Division. Additionally, step-parents, step-children, grandparents and the like may also participate in Lighthouse or SandcastlesTM, upon consent of all parties.
Rule 1915.1(b). Definitions.
i. ''Generations'' means the orientation mediation program established by the Allegheny County Family Division pursuant to 23 Pa.C.S.A. 3901-3904. This ''Center'' is located at Suite 400, 4th Floor, Allegheny Building, Pittsburgh, Pennsylvania, 15219, telephone (412) 350-4311, which serves as the Family Division Administrative Office for the Generations Program.
ii. ''Lighthouse'' means the custody education program for adults pursuing claims for custody.
iii. ''SandcastlesTM'' means the interactive educational program for children ages 6 to 17, run in conjunction with the Lighthouse Program for adults.
iv. ''Family Services'' means the organization which provides the educational components for Lighthouse and SandcastlesTM and is located at 921 Penn Avenue Plaza, 4th Floor, Pittsburgh, Pennsylvania, 15222, telephone (412) 261-3623 extension 48 or 32, which serves as the administrative office for Lighthouse and SandcastlesTM.
Rule 1915.3(b). Rescinded.
Rule 1915.3(c). Commencement of Action/Complaint/Waiver/Fees/Refunds.
i. Prior to the filing of any divorce complaint containing a count for custody or any complaint for custody, shared custody, partial custody or visitation, or any other court papers seeking to initiate any proceeding to compel, modify, terminate or otherwise affect contact between children and parties, the moving party shall deliver the original of the court paper initiating the custody action to the Generations Center. The Center shall immediately provide the moving party with an Order of Court (''Scheduling Order''), setting forth the dates and times when parties and children shall attend Lighthouse, SandcastlesTM, Generations Mediation/Orientation (the ''Programs''), a Domestic Violence Waiver form and program descriptions. The Scheduling Order shall also specify the location for the adult and children educational programs, Lighthouse and/or SandcastlesTM. The mediation program shall always take place in the ''Center.'' This Scheduling Order is then attached to the original complaint or petition for filing.
ii. Within 6 days of filing, the moving party shall provide the Center with a time stamped copy of the court paper initiating the action and the Scheduling Order.
iii. The moving party shall be solely responsible for insuring that any court paper filed during this process is filed in the same docket number as any previously filed Family Division action involving the same parties, or if necessary, to consolidate separate cases under the oldest number.
iv. No party shall be compelled to attend any portion of these Programs with the opposing party, or to attend Generations at all in cases where either party, or a child of either party, is or has been the subject of domestic violence or child abuse at any time within the past 24 months. In such cases, appropriate arrangements for separate sessions for Lighthouse or SandcastlesTM should be made. These arrangements must be made by calling Family Services. The Center shall be notified personally or by mail through use of a supplied waiver form that the victim of abuse elects not to attend the mediation orientation session. The opposing party shall have the opportunity to contest cancellation of mediation through Motions Court. If mediation does not occur, the case will be set down promptly for a custody/partial custody conciliation before a Domestic Relations Officer.
v. All other requests to waive attendance at any portion of the Programs will require an Order of Court which may be sought through Motions Court, but which will be granted only in exigent circumstances. The moving party shall be responsible for filing any order entered in response to such request, and for service upon the appropriate Programs and the opposing party.
vi. All moving parties who are required to participate in the Lighthouse, SandcastlesTM or Generations Program shall pay all fees required for those Programs.
vii. The moving party shall pay fees for Lighthouse, SandcastlesTM and Generations prior to receiving a Scheduling Order.
viii. Upon receipt of the Scheduling Order, the responding party shall pay fees 7 days prior to the scheduled session.
ix. The fee for Lighthouse is $40 for each party. The fee for SandcastlesTM is $30 for each child. Each party shall pay 1/2 of each child's total fee. The fees for Lighthouse and SandcastlesTM shall be payable to Family Services of Western Pennsylvania by cashiers check, money order or credit card, which may be provided by telephone. No cash or personal checks will be accepted. The moving party may, but is not required, to use Visa to pay for Lighthouse and/or SandcastlesTM. To do so, they shall call Family Services prior to obtaining a Scheduling Order to arrange for such payment and request that Family Services notify the Generations Center of payment by credit card.
x. The fee for Generations shall be $100 for each party. The fee for Generations shall be made payable to the Allegheny County Treasurer named in the Scheduling Order by cashiers check or money order, delivered to the Center. No cash or personal checks will be accepted.
xi. Under exigent circumstances, the court will consider waiver or reduction of fees for those unable to pay. Any such request must be presented through Motions Court and must be accompanied by a verified affidavit of indigence or other proof of economic hardship in accordance with Pa.R.C.P. 240 and 1920.62. Such request must be presented to the court at least 10 days prior to the date set for the applicable Program. The party seeking waiver shall be responsible for filing of any order entered in response to such request, and for service thereupon Family Services, the Generations Center and opposing party.
xii. Under no circumstances will any party or child be permitted to participate in any of the Programs absent timely payment of fees.
xiii. In accordance with the Generations Program Description and Instruction Package, which are available at the Generations Center, fees for the education/mediation program are non-refundable with the following exceptions:
1. Domestic Violence Waivers
2. Signed Custody Consent Order of Court with 7 days notice
3. Petitioner's withdrawal of pleadings with 7 days notice
4. Respondent's fees refunded when Petitioner fails to appear for education and/or mediation session.
Rule 1915.3(d). Confirmation of Custody.
i. An order confirming custody to formalize a de facto custody arrangement to which there is no contest or opposition may be established through this Court's Motion Court procedure for represented and unrepresented parties.
ii. Any party(ies) may seek confirmation of their current arrangement as a legal and/or physical custody of any child(ren) as follows:
a) A Complaint for Custody must be prepared properly in accordance with Pa.R.C.P. 1915.3, and a true and correct copy must be attached to the Petition for Confirmation of Custody as an exhibit.
b) All parties must be served with movant's Petition for Confirmation of Custody together with the exhibits.
c) All parties are to be provided 7 days notice of the date and time of presentation of movant's petition.
d) If no party appears to oppose movant's petition, the court will grant interim relief confirming custody in movant without prejudice to any party's right to seek reconsideration or modification at any time.
e) If this court has granted such relief, the prothonotary shall accept for filing the Complaint for Custody without a Scheduling Order from the Generations Center if the Complaint for Custody is accompanied by the Petition for Confirmation of Custody together with exhibits and a signed Order of Court confirming custody in the movant. Filing fees charged by this Court's prothonotary for the Complaint for Custody and any other document in reference therein, must be paid unless the party has sought waiver of the fees through the court's established procedure to secure an in forma pauperis status.
Rule 1915.3(e). Grandparents/Third Parties.
i. A grandparent who wishes to pursue custody or partial custody should refer to the statutory provisions found in 23 Pa.C.S.A. § 5311, 5312, 5313 and 5314, and should carefully review these provisions to insure that he or she has standing to bring an action.
ii. The partial custody claims of grandparents or other third party shall not be scheduled for Lighthouse/Generations or a conference/hearing without obtaining an Order from a Family Division judge through regular or pro se motions. Grandparents/third parties who are not represented by an attorney may obtain assistance on how to prepare, serve and file a motion if they meet financial eligibility requirements from the pro se volunteer attorney program.
Rule 1915.4(a). Service/Rescheduling.
i. The moving party shall be solely responsible for serving the responding party(ies) with true and correct copies of the court's papers initiating the custody action, the Scheduling Order, the Domestic Violence Waiver and the Program descriptions within five days of the date of the Scheduling Order.
ii. The moving party shall also file a Proof of Service indicating the date, time and manner of such service with the court's prothonotary and the Generations Center.
iii. Rescheduling of the education seminar date and/or time for any of the Programs should be sought only when necessary.
iv. No case will be rescheduled for a date longer than 70 days after issuance of the Scheduling Order, except upon Order of Court, which shall be granted only in exigent circumstances. Requests to reschedule a date after expiration of the 70 days should be made through Family Division's Motions Court.
v. Any party desiring to reschedule Lighthouse or SandcastlesTM shall contact Family Services office at (412) 261-3623 extension 48 or 32 to determine several available dates and times.
vi. Any party seeking to reschedule a Generations mediation session must seek rescheduling through Motions Court.
Rule 1915.4-3. Orientation--Mediation/Confiden- tiality/Mediator. Qualifications/Conciliation/Psycho- logical Evaluation and Home Study.
i. Mediators shall have a college degree and either an advanced degree or equivalent experience. Additionally, all mediators without exception shall take a basic 40 hour domestic mediation training seminar conducted by trainers who have been approved by the American Academy of Family Mediators and a basic domestic violence training seminar which has been approved by the American Academy of Family Mediators. All mediators shall carry liability insurance. Mediators shall adhere to the standards of practice adopted by the American Academy of Family Mediators and the American Bar Association.
a. If at any time prior to or during any mediation session it becomes apparent to the mediator or parties that the mediator has an actual conflict, the mediation shall be discontinued immediately, and a new mediator shall be assigned.
b. No one shall act as a mediator if he or she has provided legal representation, counseling or therapy for the parties or children. Subsequent to the mediation, no mediator shall act as legal counsel or as therapist or expert for parties who took part in the mediation or children who were the subject thereof.
ii. All mediation conducted through Generations shall be ''closed.'' Accordingly, the contents of such mediation shall be confidential. If both parties provide written consents, mediators may, but shall not be required, to discuss such contents with counsel or others. Disclosure by the mediator of anything learned during the mediation process shall be controlled by 42 Pa.C.S.A. § 5949.
iii. No one except parties shall be permitted in the Generations Center's office at the time set for mediation.
iv. At the conclusion of the mediation session, if an agreement is reached, the mediator shall write a Memorandum of Understanding (''Memorandum''). The Memorandum shall not be legally binding upon the parties. Should parties have counsel, they shall be referred to counsel to reduce the Memorandum to a Parenting Agreement and/or Order of Court. Should parties not have counsel, they shall be referred to the Allegheny County Bar Association Lawyer Referral Service (''Lawyer Referral''). Lawyer Referral shall provide each party with the name of an attorney who has agreed to represent the party. Such counsel shall reduce the Memorandum to a mutually agreeable Parenting Agreement and/or Order of Court for a flat fee of $100 per party. Counsel shall be responsible for no other action on behalf of the party and need not enter an appearance with this court.
v. In the event no resolution results from mediation, the parties may consent to continue to mediate with the same mediator, or by consent the parties may choose a different Generations mediator. Up to an additional 6 hours of mediation may be scheduled for a fee of $100 per hour at $50 per party. Absent consent to an alternative arrangement or Order of Court, each party shall be responsible for their own fee.
vi. If at any time during these 6 additional hours of mediation the parties are able to reach a Memorandum of Understanding, which, in turn, is reduced to a Parenting Agreement and/or Order of Court, or should the mediator in his or her sole discretion declare that the mediation is at a permanent and irrevocable impasse and should be terminated, the mediator shall refund to each party $50 for each full hour not used during the mediation.
vii. Parties who elect to litigate the custody issue shall be required to present a praecipe to schedule a conciliation with one of the court's custody Domestic Relations Officers (''DROs''). This praecipe must be presented to the Generations Center and must have a copy of the certificate of completion of mediation attached.
viii. Partial custody establishments, modification and contempts which are not settled by the DROs will be listed for a hearing.
ix. Custody cases which are not resolved by the DROs may be referred by the DRO for psychological evaluation and home study. After the evaluations are completed, the parties may praecipe for conciliation before a judge.
x. Parties who did not elect to pursue litigation at the completion of their mandatory mediation orientation session and who subsequently determine that they may need to return to litigation, may obtain a conciliation by filing a praecipe, a copy of the certificate of completion of mediation, and a copy of the underlying pleading with the Generations Center.
xi. Parties who have never been through the Lighthouse and Generations Programs and wish to proceed directly to a conciliation must obtain an order permitting them to do so from the judge in either regular or pro se, motions.
xii. Where the parties have gone to education but not to mediation (i.e., because the mediation was canceled because the parties had a consent order, or the parties were previously waived from mediation by a judge and a court order was issued following conciliation/hearing, etc.) the case will automatically be scheduled for mediation orientation only, and the petitioner will be provided an appropriate Scheduling Order. Petitioner and respondent will pay fees as stated above in the usual case.
xiii. For parties who attended mediation orientation more than one year ago, whether they now have a new action (i.e., the case that initially brought them to mediation was establishment and now they seek modification or enforcement) or they need to resolve finally the action that originally brought them to mediation orientation (i.e., they initially mediated the issue of establishment but never turned the memorandum into a consent order), they will automatically be scheduled for mediation orientation as set forth above.
xiv. For parties who attended mediation orientation less than one year ago, the may file a praecipe for conciliation and proceed through the court process.
Rule 1915.9(a). Pre-Trial Procedures.
i. Preliminary Objections shall be argued in conformity with local rule 1930(b).
ii. Pre-Trial Statements
(a) In all actions for full and partial custody, the parties shall be in conformity with the pre-trial order issued by the assigned judge.
Rule 1915.12(a)(1). Civil Contempt for Disobedience of Custody Order, Petition, Service or Order.
i. The agency to be named in the notice accompanying a petition for civil contempt shall be: Lawyer Referral Service, 920 City-County Building, Pittsburgh, PA, 15219, telephone (412) 261-0518.
Rule 1915.14(a). Noncompliance/Contempt/Arrest.
i. If the moving party fails to pay fees as specified, fails to appear for Lighthouse or Generations or fails to insure that any child within their physical custody appears for SandcastlesTM, the custody action shall be dismissed without prejudice and any fees paid by such party shall be forfeited.
ii. Should the non-moving party fail to pay fees as specified, fail to appear for Lighthouse or Generations or fail to insure that any child within their physical custody appears for SandcastlesTM, an immediate rule to show cause why such party should not be held in contempt shall issue from this court. Such rule shall be returnable on a date certain within 14 days. Such party shall then be required to appear in court to show cause why they should not be held in contempt and suffer sanctions for failure to pay or appear. Any party failing to appear in court in accordance with the rule to show cause shall have a bench warrant for their arrest issued, and shall be arrested by the Allegheny County Sheriff's Office and brought before this court.
Rule 1915.15(a)(1). Form of Complaint/Caption/Order.
i. The agency to be named in the order of court accompanying the complaint shall be: Lawyer Referral Service, 920 City-County Building, Pittsburgh, PA 15219, telephone (412) 261-0518.
Rule 1915.16(c). Form of Order and Notice, Joinder, Intervention.
i. The agency to be named in the order of court and notice under this rule shall be: Lawyer Referral Service, 920 City-County Building, Pittsburgh, PA, 15219, telephone (412) 261-0518.
[Pa.B. Doc. No. 98-626. Filed for public inspection April 24, 1998, 9:00 a.m.]
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