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PA Bulletin, Doc. No. 23-885

THE COURTS

Title 255—LOCAL COURT RULES

DELAWARE COUNTY

Rule 1915.11-1 Parenting Coordination; No. 2022-003777

[53 Pa.B. 3572]
[Saturday, July 8, 2023]

Administrative Order

 And Now, this 14th day of June, 2023, it is hereby Ordered and Decreed that the following Rule 1915.11-1 regarding Appointment of Parenting Coordination is hereby adopted and effective 20 days after publication in the Pennsylvania Bulletin.

By the Court

LINDA A. CARTISANO, 
President Judge

Rule 1915.11-1. Parenting Coordination.

I. Appointment of a Parenting Coordinator

 A. Parties may make a request to the Family Section Trial Judge for the appointment of a Parenting Coordinator.

 B. Said request may be made by written Petition for Special Relief or by oral motion.

 C. The Family Section Trial Judge may on its motion make a request to the Family Section Liaison Judge for the appointment of a Parenting Coordinator.

 D. The Family Section Liaison Judge shall maintain a roster of approved parent coordinators and shall select a Parenting Coordinator from same. Whenever appropriate, selection will be on a rotating basis.

 E. All Parenting Coordinator appointment requests shall be referred in writing by the Family Section Trial Judge to the Family Section Liaison Judge through form as set forth by the Family Section Liaison Judge.

 i. Both the parties and the Family Section Trial Judge may recommend three specific Parenting Coordinators, in the order of their preference, however selection shall be at the discretion of the Family Section Liaison Judge.

 F. Upon assignment, the Family Section Liaison Judge shall issue an Order for Parenting Coordinator pursuant to Pa.R.C.P. 1915.22 which shall be distributed to all parties and made an Order of the Court.

 G. The Family Section Liaison Judge shall assign one (1) pro-bono appointment to each Parenting Coordinator for every two (2) fee-generating appointments in Delaware County.

II. Approved Parent Coordinators

 A. An attorney or mental health professional seeking to be included on the Delaware County Court's roster of qualified individuals to serve as a Parenting Coordinator shall submit an affidavit to the Family Section Liaison Judge or his/her designee together with the following:

 i. An affidavit attesting the applicant has qualifications found in Pa.R.C.P. 1915.11-1;

 ii. An acknowledgment that the applicant has read the Association of Family and Conciliation Courts (AFCC) Parenting Coordinator guidelines and the American Psychological Association (APA) Parenting Guidelines respectively found at www.afccnet.org and www.apa.org.

 iii. An acknowledgment that for every two (2) fee generating Parenting Coordination assignments, each Parent Coordinator must accept one pro bono assignment, up to 12 hours per pro bono case.

III. Parenting Coordinator Recommendations

 A. Parenting Coordinators shall file their Summary and Recommendations pursuant to Pa.R.C.P. 1915.23 with the Office of Judicial Support within two (2) business days after the last communication with the parties on the issues in accordance with Pa.R.C.P. 1915.11-1(f)(2) and promptly forward a copy of same via regular mail and email to the parties and the Family Section Trial Judge.

 B. Parenting Coordinator shall state the manner of service of the Summary and Recommendations to the parties.

 C. Parenting Coordinator shall include the rationale for their Recommendations in the Summary.

 D. Objections to Parenting Coordinator's Recommendation(s) and Petition for a Record Hearing

 i. A party objecting to the Recommendations must file with the Office of Judicial Support an original and copy of their Objections and a Petition for a Record Hearing before the Court within five (5) days of service of the Summary and Recommendations together with Proof of Service upon all parties and the Parenting Coordinator.

 E. The Office of Judicial Support shall promptly forward the original Objections and Petition to the Court Administrator's Office for assignment to the parties' Family Section Trial Judge to promptly schedule a record hearing.

 F. Court Review of Parenting Coordinator's Recommendations

 i. If no objections to the Parenting Coordinator's Recommendations are filed with the Office of Judicial Support within five (5) days of service of the Summary and Recommendation, the Family Section Trial Judge assigned to the case shall review the Recommendation in accordance with the time set forth in Pa.R.C.P. 1915.11-1(f)(4) and pursuant to Pa.R.C.P. 1915.23.

IV. Fees

 A. 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:

 i. His or her hourly rate which may be up to $300 per hour.

 ii. Absent good cause, parties shall pay the initial retainer which shall not exceed the equivalent of five (5) hours at the parenting Coordinator's hourly rate.

 iii. If a party has previously filed and been granted In Forma Pauperis status by the Court specifically for the appointment of a Parenting Coordinator, the Parenting Coordinator so appointed shall serve on a pro bono (no fee) basis, up to 12 hours.

 iv. A Parenting Coordinator must accept one pro bono appointment for every two fee generating appointments.

 v. Parent Coordinators are not funded by the County.

V. Miscellaneous

 A. A Parenting Coordinator shall not be required to make a Recommendation to the Court, at their discretion, on every disputed issue raised by the parties.

 B. The appointing Judge may reject a Recommendation from a Parenting Coordinator without a proceeding, at their discretion, if the disputed issue exceeds the authority set forth in Pa.R.C.P. 1915.11-1(f)(4).

 C. Unless the parties consent and appropriate safety measures are in place to protect the participants, including the parenting coordinator and other third parties, a parenting coordinator shall not be appointed if:

 i. The parties to the custody action have a protection from abuse order in effect;

 ii. The court makes a finding that a party has been a victim of domestic violence perpetrated by a party to the custody action, either during the pendency of the custody action or within 36 months preceding the filing of the custody action; or

 iii. The court makes a finding that a party to the custody action has been the victim of a personal injury crime, as defined in 23 Pa.C.S. 3103, which was perpetrated by a party to the custody action.

 D. If a party objects to the appointment of a parenting coordinator based on an allegation that the party has been the victim of domestic violence perpetrated by a party to the custody action, the court shall have a hearing on the issue and may consider abuse occurring beyond the 36 months provided in subdivision (a)(2)(ii).

 E. The length of appointment of a Parenting Coordinator shall be pursuant to Pa.R.C.P. 1915.11-1(a)(3) and Pa.R.C.P. 1915.11-1(a)(4).

 F. Procedures and forms can be found on the County of Delaware and Delaware County Bar Association websites.

[Pa.B. Doc. No. 23-885. Filed for public inspection July 7, 2023, 9:00 a.m.]


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