Family Division Rule of the Court of Common Pleas; No. AD-2019-146-FD Rules Doc.
[49 Pa.B. 2220]
[Saturday, May 4, 2019]
Order of Court
And Now, this 15th day of April, 2019, it is hereby Ordered that the following Rule 1915.11-1 of the Court of Common Pleas of Allegheny County, Pennsylvania, Family Division, adopted by the Board of Judges shall be effective thirty (30) days after publication in the Pennsylvania Bulletin:
LOCAL RULE 1915.11-1—Parenting Coordination
By the Court
KIM BERKELEY CLARK,
Rule 1915.11-1. Parenting Coordination.
(a) Appointment of a Parenting Coordinator.
(1) If the parties agree on a Parenting Coordinator or if the Court deems one necessary, an order will be entered in accordance with Pa.R.Civ.P. 1915.22.
(2) The Court will select the parties' Parenting Coordinator. If the parties can agree to a Parenting Coordinator, they may present their selection to the Judge for approval. The roster of the Court's approved Parenting Coordinators is posted at the Child Custody Department, Suite 1030 Family Law Center, 440 Ross Street, Pittsburgh, PA 15219.
(3) Any party seeking a reduced fee under section (d) below must file with the Court an In Forma Pauperis (IFP) petition through the Client Services Department, first floor Family Law Center, 440 Ross Street, Pittsburgh, PA 15219, which shall be presented before the assigned Judge in motions court, on the next available date that they are sitting. Approval of the IFP petition to a reduced fee for the Parenting Coordinator may result in amendment of the appointment order.
(b) Roster of Approved Parenting Coordinators.
An attorney or mental health professional seeking to be included on the Allegheny County Court's roster of qualified individuals to serve as a Parenting Coordinator shall submit a letter to the Administrative Judge of the Family Division together with the following:
(1) An affidavit attesting the applicant has qualifications found in Pa.R.Civ.P. 1915.11;
(2) Pennsylvania Act 33 child abuse and Act 34 criminal history clearances, within the past two (2) years;
(3) An acknowledgment the applicant will follow the Association of Family and Conciliation Courts (AFCC) Parenting Coordinator guidelines and has read the American Psychological Association (APA) Parenting Coordinator Guidelines; and
(4) An acknowledgment of responsibility to accept reduced fee assignments for every four (4) full fee appointments taken, as needed. (Appointments for reduced fee assignments will be made on a rotating basis for all Parenting Coordinators on the Court's roster).
AFCC Parenting Coordinator guidelines are posted at https://www.afccnet.org/Portals/0/AFCCGuidelinesfor Parentingcoordinationnew.pdf and the APA Parenting Coordinator Guidelines are posted at https:/www.apa.org/pubs/journals/features/parenting-coordination.pdf.
(c) Parenting Coordinator Recommendations
(1) In addition to providing the same to the parties and the assigned Judge, a Parenting Coordinator shall file their Summary and Recommendations with the Allegheny County Department of Court Records within two (2) days after the last communication with the parties on the issues in accordance with Pa.R.Civ.P. 1915.11-1(f)(2). A Proof of service shall also be filed.
(2) Objections to Parenting Coordinator's Recommendation(s) and Petition for a Record Hearing.
a. A party objecting to the Recommendations must file with the Allegheny County Department of Court Records an original and copy of their Objections and a Petition for a Record Hearing before the Court within five days of service of the Summary and Recommendations together with a Proof of Service upon all parties and the Parenting Coordinator. A copy shall also be provided to the Judge of record in accordance with their Standard Operating Procedures.
b. The Judge shall schedule a record hearing as soon as practical on the objections.
c. If timely objections are filed, the Parenting Coordinator's recommendation may be entered as an interim order by the Judge pending final disposition.
(3) Court Review of Parenting Coordinator's Recommendations.
If no objections to the Parenting Coordinator's Recommendation are filed with the Allegheny County Department of Court Records and a copy to the Judge of record within five days of service of the Summary and Re commendation, the Family Court Judge will review the Recommendation in accordance with Pa.R.C.P. 1915.11-1(f)(4).
Parties who request the appointment of a Parenting Coordinator or who are identified by the Court as benefiting from the appointment of a Parenting Coordinator shall pay the Parenting Coordinator as follows:
(1) Up to $300.00 an hour;
(2) The Judge shall initially allocate the fees between the parties, but they may be reallocated as deemed appropriate by the Parenting Coordinator or the Court at a later date. See Pa.R.C.P. 1915.22(8).
(3) If, after a review of the In Forma Pauperis (IFP) petition, the parties' combined gross income and family size is at or below the Federal Poverty Guidelines, the Parenting Coordinator's fee shall be pro bono. If, after a review of the In Forma Pauperis (IFP) petition, the parties' combined gross income and family size is between the Federal Poverty Guidelines and 150% of the Federal Poverty Guidelines, the Parenting Coordinator's fee shall be 50% of their hourly rate. All other litigants are required to pay the full fee.
[Pa.B. Doc. No. 19-655. Filed for public inspection May 3, 2019, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.