PRINTER'S NO. 671
No. 13 Session of 2001
INTRODUCED BY L. I. COHEN, ARMSTRONG, BEBKO-JONES, BELFANTI,
BISHOP, CURRY, EACHUS, FRANKEL, GEORGE, LEDERER, MANN, MELIO,
ORIE, RUBLEY, SAYLOR, SEMMEL, STEELMAN, THOMAS, TRELLO, WALKO
AND C. WILLIAMS, FEBRUARY 12, 2001
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 12, 2001
AN ACT
1 Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for procedures in domestic
4 relations litigation; conferring powers and duties on the
5 unified judicial system, the Secretary of the Commonwealth
6 and the Legislative Reference Bureau; establishing the Family
7 Justice Account; and making editorial changes.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Sections 3303(a), 3308, 3321, 3322, 3323, 3502(a)
11 and (e), 3505, 3506, 3507(a), 3508, 3701(a), (d) and (e), 3702,
12 3703, 3705(a), 3901, 3902, 3903, 3904, 4324, 4341(a), 4342(a)
13 and (b), 4344, 4345(a), 4347, 4349 and 4350 of Title 23 of the
14 Pennsylvania Consolidated Statutes are amended to read:
15 § 3303. Annulment of void and voidable marriages.
16 (a) General rule.--In all cases where a supposed or alleged
17 marriage has been contracted which is void or voidable under
18 this title or under applicable law, either party to the supposed
19 or alleged marriage may bring an action in annulment to have it
1 declared void in accordance with the procedures provided by
2 [this part and prescribed by general rules.] 42 Pa.C.S. Ch. 72
3 (relating to family law and justice).
4 * * *
5 § 3308. Action where defendant suffering from mental disorder.
6 If a spouse is insane or suffering from serious mental
7 disorder, an action may be commenced [under this part] in
8 accordance with 42 Pa.C.S. Ch. 72 (relating to family law and
9 justice) against that spouse upon any ground for divorce or
10 annulment.
11 [§ 3321. Hearing by master.
12 The court may appoint a master to hear testimony on all or
13 some issues, except issues of custody and paternity, and return
14 the record and a transcript of the testimony together with a
15 report and recommendation as prescribed by general rules, or a
16 judge of the court in chambers may appoint a master to hold a
17 nonrecord hearing and to make recommendations and return the
18 same to the court, in which case either party may demand a
19 hearing de novo before the court.
20 § 3322. Jury trial.
21 (a) Application for jury trial.--After service of the
22 complaint in divorce or annulment on the defendant in the manner
23 prescribed by general rules or entry of a general appearance for
24 the defendant, if either of the parties desires any matter of
25 fact that is affirmed by one and denied by the other to be tried
26 by a jury, that party may take a rule upon the opposite party,
27 to be allowed by a judge of the court, to show cause why the
28 issues of fact set forth in the rule should not be tried by a
29 jury, which rule shall be served upon the opposite party or
30 counsel for the opposite party.
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1 (b) Disposition of application.--Upon the return of the
2 rule, after hearing, the court may discharge it, make it
3 absolute or frame issues itself. Only the issues ordered by the
4 court shall be tried. The rule shall not be made absolute when,
5 in the opinion of the court, a trial by jury cannot be had
6 without prejudice to the public morals.]
7 § 3323. Decree of court.
8 (a) General rule.--In accordance with 42 Pa.C.S. Ch. 72
9 (relating to family law and justice), in all matrimonial causes,
10 the court may either dismiss the complaint or enter a decree of
11 divorce or annulment of the marriage.
12 (b) Contents of decree.--[A] In accordance with 42 Pa.C.S.
13 Ch. 72, a decree granting a divorce or an annulment shall
14 include, [after a full hearing,] where these matters are raised
15 in any pleadings, an order determining and disposing of existing
16 property rights and interests between the parties, custody,
17 partial custody and visitation rights, child support, alimony,
18 reasonable attorney fees, costs and expenses and any other
19 related matters, including the enforcement of agreements
20 voluntarily entered into between the parties. In the enforcement
21 of the rights of any party to any of these matters, the court
22 shall have all necessary powers, including, but not limited to,
23 the power of contempt and the power to attach wages.
24 [(c) Bifurcation.--In the event that the court is unable for
25 any reason to determine and dispose of the matters provided for
26 in subsection (b) within 30 days after the report of the master
27 has been filed, it may enter a decree of divorce or annulment.
28 Upon the request of either party and after a hearing, the court
29 may order alimony pendente lite, reasonable counsel fees, costs
30 and expenses and may make a temporary order necessary to protect
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1 the interests of the parties pending final disposition of the
2 matters in subsection (b).]
3 (d) Substitution for deceased party.--[If] In accordance
4 with 42 Pa.C.S. Ch. 72, if one of the parties dies after the
5 decree of divorce has been entered, but prior to the final
6 determination in such proceeding of the property rights and
7 interests of the parties [under this part], the personal
8 representative of the deceased party shall be substituted as a
9 party as provided by law and the action shall proceed.
10 (e) Costs.--[The] Subject to 42 Pa.C.S. Ch. 72, the court
11 may award costs to the party in whose favor the order or decree
12 shall be entered or may order that each party shall pay their
13 own costs or may order that costs be divided equitably as it
14 shall appear just and reasonable.
15 (f) Equity power and jurisdiction of the court.--In
16 accordance with 42 Pa.C.S. Ch. 72, in all matrimonial causes,
17 the court shall have full equity power and jurisdiction and may
18 issue injunctions or other orders which are necessary to protect
19 the interests of the parties or to effectuate the purposes of
20 this part and may grant such other relief or remedy as equity
21 and justice require against either party or against any third
22 person over whom the court has jurisdiction and who is involved
23 in or concerned with the disposition of the cause.
24 § 3502. Equitable division of marital property.
25 (a) General rule.--In accordance with 42 Pa.C.S. Ch. 72
26 (relating to family law and justice), in an action for divorce
27 or annulment, the court shall, upon request of either party,
28 equitably divide, distribute or assign, in kind or otherwise,
29 the marital property between the parties without regard to
30 marital misconduct in such proportions and in such manner as the
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1 court deems just after considering all relevant factors,
2 including:
3 (1) The length of the marriage.
4 (2) Any prior marriage of either party.
5 (3) The age, health, station, amount and sources of
6 income, vocational skills, employability, estate, liabilities
7 and needs of each of the parties.
8 (4) The contribution by one party to the education,
9 training or increased earning power of the other party.
10 (5) The opportunity of each party for future
11 acquisitions of capital assets and income.
12 (6) The sources of income of both parties, including,
13 but not limited to, medical, retirement, insurance or other
14 benefits.
15 (7) The contribution or dissipation of each party in the
16 acquisition, preservation, depreciation or appreciation of
17 the marital property, including the contribution of a party
18 as homemaker.
19 (8) The value of the property set apart to each party.
20 (9) The standard of living of the parties established
21 during the marriage.
22 (10) The economic circumstances of each party, including
23 Federal, State and local tax ramifications, at the time the
24 division of property is to become effective.
25 (11) Whether the party will be serving as the custodian
26 of any dependent minor children.
27 * * *
28 (e) Powers of the court.--If, at any time, a party has
29 failed to comply with an order of equitable distribution, as
30 provided for in this chapter or with the terms of an agreement
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1 as entered into between the parties, after hearing, the court
2 may, in addition to any other remedy [available under this part]
3 provided by statute, in order to effect compliance with its
4 order:
5 (1) enter judgment;
6 (2) authorize the taking and seizure of the goods and
7 chattels and collection of the rents and profits of the real
8 and personal, tangible and intangible property of the party;
9 (3) award interest on unpaid installments;
10 (4) order and direct the transfer or sale of any
11 property required in order to comply with the court's order;
12 (5) require security to insure future payments in
13 compliance with the court's order;
14 (6) issue attachment proceedings, directed to the
15 sheriff or other proper officer of the county, directing that
16 the person named as having failed to comply with the court
17 order be brought before the court, at such time as the court
18 may direct. If the court finds, after hearing, that the
19 person willfully failed to comply with the court order, it
20 may deem the person in civil contempt of court and, in its
21 discretion, make an appropriate order, including, but not
22 limited to, commitment of the person to the county jail for a
23 period not to exceed six months;
24 (7) award counsel fees and costs;
25 (8) attach wages; or
26 (9) find the party in contempt.
27 § 3505. Disposition of property to defeat obligations.
28 (a) Preliminary relief.--Where it appears to the court that
29 a party is about to leave the jurisdiction of the court or is
30 about to remove property of that party from the jurisdiction of
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1 the court or is about to dispose of, alienate or encumber
2 property in order to defeat equitable distribution, alimony
3 pendente lite, alimony, child and spousal support or a similar
4 award, an injunction may issue to prevent the removal or
5 disposition and the property may be attached as prescribed by
6 general rules. The court may also issue a writ of ne exeat to
7 preclude the removal.
8 [(b) Inventory of property.--Both parties shall submit to
9 the court an inventory and appraisement, which shall contain all
10 of the following:
11 (1) A list of the property owned or possessed by either
12 or both of them as of:
13 (i) the date of separation; and
14 (ii) thirty days prior to the date of hearing on
15 equitable distribution.
16 (2) A list of the value of the property owned or
17 possessed by either or both of them as of:
18 (i) the date of acquisition;
19 (ii) the date of separation; and
20 (iii) thirty days prior to the date of hearing on
21 equitable distribution.
22 (3) A list of the liabilities of either or both of them
23 as of 30 days prior to the date of hearing on equitable
24 distribution, whether or not the liabilities are related to
25 the property set forth in the inventory and appraisement.]
26 (c) Discovery.--Discovery [under this part] shall be as
27 provided for [all other civil actions under] in 42 Pa.C.S. Ch.
28 72 (relating to family law and justice) and the Pennsylvania
29 Rules of Civil Procedure.
30 (d) Constructive trust for undisclosed assets.--If a party
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1 fails to disclose information required by [subsection (b)] the
2 family information statement as provided in 42 Pa.C.S. Ch. 72
3 and in consequence thereof an asset or assets with a fair market
4 value of $500 or more is omitted from the final distribution of
5 property, the party aggrieved by the nondisclosure may at any
6 time petition the court granting the award to declare the
7 creation of a constructive trust as to all undisclosed assets
8 for the benefit of the parties and their minor or dependent
9 children, if any. The party in whose name the assets are held
10 shall be declared the constructive trustee, and the trust may
11 include any terms and conditions the court may determine. The
12 court shall grant the petition upon a finding of a failure to
13 disclose the assets as required [under subsection (b)] by the
14 family information statement.
15 (e) Encumbrance or disposition to third parties.--An
16 encumbrance or disposition of marital property to third persons
17 who paid wholly inadequate consideration for the property may be
18 deemed fraudulent and declared void.
19 § 3506. Statement of reasons for distribution.
20 In an order made [under this chapter] in accordance with 42
21 Pa.C.S. Ch. 72 (relating to family law and justice) for the
22 distribution of property, the court shall set forth the reason
23 for the distribution ordered.
24 § 3507. Division of entireties property between divorced
25 persons.
26 (a) General rule.--Whenever married persons holding property
27 as tenants by entireties are divorced, they shall, except as
28 otherwise provided by an order [made under this chapter] issued
29 in accordance with 42 Pa.C.S. Ch. 72 (relating to family law and
30 justice), thereafter hold the property as tenants in common of
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1 equal one-half shares in value, and either of them may bring an
2 action against the other to have the property sold and the
3 proceeds divided between them.
4 * * *
5 § 3508. Conveyance of entireties property to divorced spouse.
6 Whenever married persons have acquired real estate as tenants
7 by entireties and thereafter are divorced, either former spouse,
8 except as otherwise provided by an order [made under this
9 chapter] issued in accordance with 42 Pa.C.S. Ch. 72 (relating
10 to family law and justice), may convey to the other, without the
11 joinder of the other, the grantor's interest in the real estate
12 so that the grantee holds the real estate in fee simple, freed
13 from all right, title and interest which the grantor had in the
14 real estate as a tenant by the entireties.
15 § 3701. Alimony.
16 (a) General rule.--Where a divorce decree has been entered
17 in accordance with 42 Pa.C.S. Ch. 72 (relating to family law and
18 justice), the court may allow alimony, as it deems reasonable,
19 to either party only if it finds that alimony is necessary.
20 * * *
21 (d) Statement of reasons.--In an order made [under this
22 section] in accordance with 42 Pa.C.S. Ch. 72, the court shall
23 set forth the reason for its denial or award of alimony and the
24 amount thereof.
25 (e) Modification and termination.--An order entered pursuant
26 to this section is subject to further order of the court upon
27 changed circumstances of either party of a substantial and
28 continuing nature whereupon the order may be modified,
29 suspended, terminated or reinstituted or a new order made in
30 accordance with 42 Pa.C.S. Ch. 72. Any further order shall apply
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1 only to payments accruing subsequent to the petition for the
2 requested relief. Remarriage of the party receiving alimony
3 shall terminate the award of alimony.
4 § 3702. Alimony pendente lite, counsel fees and expenses.
5 In proper cases in accordance with 42 Pa.C.S. Ch. 72
6 (relating to family law and justice), upon petition, the court
7 may allow a spouse reasonable alimony pendente lite, spousal
8 support and reasonable counsel fees and expenses. Reasonable
9 counsel fees and expenses may be allowed pendente lite, and the
10 court shall also have authority to direct that adequate health
11 and hospitalization insurance coverage be maintained for the
12 dependent spouse pendente lite.
13 § 3703. Enforcement of arrearages.
14 If at any time a party is in arrears in the payment of
15 alimony or alimony pendente lite as provided for in sections
16 3701 (relating to alimony) and 3702 (relating to alimony
17 pendente lite, counsel fees and expenses), the court may, in
18 accordance with 42 Pa.C.S. Ch. 72 (relating to family law and
19 justice), after hearing, in order to effect payment of the
20 arrearages:
21 (1) Enter judgment.
22 (2) Authorize the taking and seizure of the goods and
23 chattels and the collection of the rents and profits of the
24 real estate of the party.
25 (3) Attach no more than 50% of the wages of the party.
26 (4) Award interest on unpaid installments.
27 (5) Require security to insure future payments.
28 (6) Issue attachment proceedings, directed to the
29 sheriff or other proper officer of the county, directing that
30 the person named as having failed to comply with the court
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1 order be brought before the court at such time as the court
2 may direct. If the court finds, after hearing, that the named
3 person willfully failed to comply with the court order, it
4 may declare the person in civil contempt of court and in its
5 discretion make an appropriate order, including, but not
6 limited to, commitment of the person to prison for a period
7 not to exceed six months.
8 (7) Award counsel fees and costs.
9 § 3705. Enforcement of foreign decrees.
10 (a) General rule.--Whenever a person subject to a valid
11 decree of a sister state or territory for the distribution of
12 marital property or for the payment of alimony, temporary
13 alimony or alimony pendente lite, or the property of that person
14 is found within this Commonwealth, the obligee of the decree
15 may, in accordance with 42 Pa.C.S. Ch. 72 (relating to family
16 law and justice), petition the court where the obligor or the
17 property of the obligor is found to register, adopt as its own
18 and enforce the decree as a properly issued and authenticated
19 decree of a sister state or territory. Upon registration and
20 adoption, such relief and process for enforcement as is provided
21 or prescribed by law in similar cases originally commenced in
22 this Commonwealth shall be available. A copy of the decree and
23 order shall be forwarded to the court of the state or territory
24 which issued the original decree. The obligor shall have
25 whatever defenses and relief are available to the obligor in the
26 state or territory which issued the original decree and may
27 question the jurisdiction of that court if not otherwise barred.
28 Interest may be awarded on unpaid installments and security may
29 be required to insure future payments as in cases originally
30 commenced in this Commonwealth. Where property of the obligor,
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1 but not the person of the obligor, is found within this
2 Commonwealth, there shall be jurisdiction quasi in rem, and,
3 upon registration and adoption of the decree of the sister state
4 or territory, relief and enforcement of the decree shall be
5 available as in other proceedings which are quasi in rem.
6 * * *
7 [§ 3901. Mediation programs.
8 (a) Establishment.--A court may establish a mediation
9 program for actions brought under this part or Chapter 53
10 (relating to custody).
11 (b) Issues subject to mediation.--When a program has been
12 established pursuant to subsection (a), the court may order the
13 parties to attend an orientation session to explain the
14 mediation process. Thereafter, should the parties consent to
15 mediation, the court may order them to mediate such issues as it
16 may specify.
17 (c) Local rules.--
18 (1) The court shall adopt local rules for the
19 administration of the mediation program to include rules
20 regarding qualifications of mediators, confidentiality and
21 any other matter deemed appropriate by the court.
22 (2) The court shall not order an orientation session or
23 mediation in a case where either party or child of either
24 party is or has been a subject of domestic violence or child
25 abuse at any time during the pendency of an action under this
26 part or within 24 months preceding the filing of any action
27 under this part.
28 (d) Model guidelines.--The Supreme Court shall develop model
29 guidelines for implementation of this section and shall consult
30 with experts on mediation and domestic violence in this
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1 Commonwealth in the development thereof. The effective date of
2 this chapter shall not be delayed by virtue of this subsection.
3 § 3902. Fees and costs.
4 (a) Imposition of fee.--A county in which the court has
5 established a mediation program may impose an additional filing
6 fee of up to $20 on divorce and custody complaints to be used to
7 fund the mediation program.
8 (b) Assessment of additional costs.--The court may assess
9 additional costs of mediation on either party.
10 § 3903. Review of programs.
11 The Supreme Court shall monitor mediation programs
12 established by courts of common pleas. The Supreme Court shall
13 establish procedures for the evaluation of the effectiveness of
14 the program.
15 § 3904. Existing programs.
16 This chapter shall not affect any existing mediation program
17 established in any judicial district pursuant to local rule.]
18 § 4324. Inclusion of spousal medical support.
19 In addition to periodic support payments, the court may, in
20 accordance with 42 Pa.C.S. Ch. 72 (relating to family law and
21 justice), require that an obligor pay a designated percentage of
22 a spouse's reasonable and necessary health care expenses. If
23 health care coverage is available through an obligor or obligee
24 at no cost as a benefit of employment or at a reasonable cost,
25 the court shall order an obligor or obligee to provide or extend
26 health care coverage to a spouse. Upon failure of the obligor to
27 make this payment or reimburse the spouse and after compliance
28 with procedural due process requirement, the court shall treat
29 the amount as arrearages.
30 § 4341. Commencement of support actions or proceedings.
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1 (a) Procedure.--A support action or proceeding under this
2 chapter shall be commenced in accordance with 42 Pa.C.S. Ch. 72
3 (relating to family law and justice) in the manner prescribed by
4 the Rules of Civil Procedure governing actions of support.
5 * * *
6 § 4342. Expedited procedure.
7 (a) General rule.--The Supreme Court shall by general rule
8 provide for expedited procedures for the determination of
9 paternity and the [determination and] enforcement of support.
10 [The procedures shall include an office conference; a conference
11 summary to the court by the hearing officer; an opportunity for
12 the court to enter an order without hearing the parties; and an
13 opportunity for the parties to demand a full hearing by the
14 court.
15 (b) Alternate procedure.--The Supreme Court shall also
16 provide an alternate expedited procedure which may be adopted by
17 local rule of the courts of common pleas. The procedure shall
18 include an office conference; an evidentiary hearing before a
19 hearing officer who shall be an attorney; a transcript of the
20 testimony; a report and recommendation to the court by the
21 hearing officer; and an opportunity for the filing of exceptions
22 with and argument before the court.]
23 * * *
24 § 4344. Contempt for failure of obligor to appear.
25 A person who willfully fails or refuses to appear in response
26 to a duly served order or other process [under this chapter]
27 relating to support may, as prescribed by general rule, be
28 adjudged in contempt. Contempt shall be punishable by any one or
29 more of the following:
30 (1) Imprisonment for a period not to exceed six months.
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1 (2) A fine not to exceed $500.
2 (3) Probation for a period not to exceed six months.
3 § 4345. Contempt for noncompliance with support order.
4 (a) General rule.--A person who willfully fails to comply
5 with any order [under this chapter] of support, except an order
6 subject to section 4344 (relating to contempt for failure of
7 obligor to appear), may, as prescribed by general rule, be
8 adjudged in contempt. Contempt shall be punishable by any one or
9 more of the following:
10 (1) Imprisonment for a period not to exceed six months.
11 (2) A fine not to exceed $1,000.
12 (3) Probation for a period not to exceed one year.
13 * * *
14 § 4347. Security for attendance or performance.
15 At any stage of the proceedings [under this chapter] relating
16 to support, upon affidavit filed that the obligor is about to
17 leave this Commonwealth or the judicial district or, where in
18 the judgment of the court, the obligor has habitually failed to
19 comply with court orders [under this chapter] relating to
20 support, the court may, as prescribed by general rule, issue
21 appropriate process directing that the obligor be brought before
22 the court and may direct that the obligor give security to
23 appear when directed by the court or to comply with any order of
24 the court.
25 [§ 4349. Consolidation of proceedings.
26 In order to facilitate frequent and unimpeded contact between
27 children and parents, a judge may consolidate with a support
28 action or proceeding any proceeding commenced for visitation
29 rights, sole or shared custody, temporary or permanent custody
30 or any other matters pertaining to support authorized by law
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1 which fairly and expeditiously may be determined and disposed of
2 in the support action or proceeding.]
3 § 4350. Effect of appeal.
4 An appeal from an order of support [entered pursuant to this
5 chapter] shall not operate as a supersedeas unless so ordered by
6 the court.
7 Section 2. Title 42 is amended by adding a chapter to read:
8 CHAPTER 72
9 FAMILY LAW AND JUSTICE
10 Sec.
11 7201. Short title of chapter.
12 7202. Declaration of policy.
13 7203. Legislative intent.
14 7204. Definitions.
15 7205. Scope.
16 7206. Judicial districts.
17 7207. Annual report.
18 7208. Weighted caseload study.
19 7209. Intake and screening.
20 7210. Hearings may be private.
21 7211. Testimony of minor child.
22 7212. Commencement of family action.
23 7213. Differentiated case management.
24 7214. Case management conference.
25 7215. Consolidation.
26 7216. Bifurcation.
27 7217. Continuous trials.
28 7218. Tentative decisions for motions.
29 7219. Motions day.
30 7220. Case management teams.
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1 7221. Family law masters.
2 7222. Alternate dispute resolution.
3 7223. Appeals.
4 7224. Separating parents seminar.
5 7225. Seminar for children of separating parents.
6 7226. Family Justice Account.
7 7227. Appointment of representation for child.
8 7228. Family resource center.
9 7229. Family law manual.
10 7230. Volunteer lawyers.
11 7231. Judicial education seminar.
12 7232. Continuing judicial education.
13 § 7201. Short title of chapter.
14 This chapter shall be known and may be cited as the Family
15 Law and Justice Act.
16 § 7202. Declaration of policy.
17 The General Assembly finds and declares as follows:
18 (1) The current procedure in the Commonwealth for
19 litigating family law cases involving divorce, annulment,
20 child support, spousal support, custody, alimony and
21 equitable division of marital property has created undue
22 hardship for children and families.
23 (2) Pennsylvania's current procedure is largely based on
24 the traditional adversarial process; is multilayered,
25 segmented, overly lengthy and costly; and only serves to
26 deepen the wounds caused by family break-up.
27 (3) The 60 judicial districts deciding family litigation
28 have been denied the necessary oversight from the
29 Administrative Office of Pennsylvania Courts. As a result of
30 this lack of oversight and varying level of available
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1 resources, there is no uniform system for the resolution of
2 family law cases. This has resulted in unnecessary delay in
3 the disposition of cases, increased cost to litigants and
4 unnecessary stress on the part of litigants and their
5 families.
6 (4) Family break-up invariably hurts every member but is
7 especially harmful to children. Divorce and family separation
8 have been shown to contribute to increased levels of teen
9 violence, suicide and depression and to impede learning and
10 emotional growth.
11 (5) The best interests of children and the safety of all
12 family members must be a matter of paramount concern in the
13 court processes which resolve family conflict.
14 § 7203. Legislative intent.
15 It is declared to be the intention of the General Assembly to
16 create a procedure for family litigation which complies with all
17 of the following:
18 (1) Protects and assures the present and long-term
19 safety of children and victims of domestic violence.
20 (2) Eliminates barriers to meaningful dispute resolution
21 by enabling family members to deal with the same court
22 officers and staff each time they need the court's dispute
23 resolution services and by reducing duplication and
24 fragmentation of court events.
25 (3) Is accountable to all family members in need of
26 protection and promotes public trust and confidence.
27 (4) Treats each member of a family with courtesy,
28 civility and respect.
29 (5) Speedily, efficiently, fairly and cost-effectively
30 decides family litigation cases, with the goal of resolving
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1 all aspects of a case within six months of filing.
2 (6) Recognizes the realities of family break-up,
3 including the emotional trauma experienced by the parties and
4 their children.
5 (7) Assures adequate access to all those who need the
6 court's help, including parties unable to afford lawyers.
7 (8) Sufficiently trains judges and family law masters in
8 applicable substantive law and subjects needed to make the
9 best decisions for children and families, such as mental and
10 behavioral health, mediation, child abuse and neglect, child
11 sexual abuse and exploitation, domestic violence and child
12 development.
13 § 7204. Definitions.
14 The following words and phrases when used in this chapter
15 shall have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Account." The Family Justice Account established in section
18 7226 (relating to Family Justice Account).
19 "Alternate dispute resolution." Includes mediation and
20 conciliation.
21 "Case management team." The employees within the domestic
22 relations section of a court of common pleas who are supervised
23 by a judge in accordance with section 7220 (relating to case
24 management teams) and whose responsibility is to manage and
25 process family actions in a manner consistent with this chapter.
26 "Case management team leader." The designated manager of a
27 case management team.
28 "Court." A judge of a court of common pleas or a family law
29 master appointed by a judge to hear family litigation.
30 "Differentiated case management system." The multitrack
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1 system for the management and timely disposition of family
2 litigation established in section 7214 (relating to case
3 management conference).
4 "Family action." An action filed with the court of common
5 pleas which is comprised of one or more matters of family
6 litigation.
7 "Family information statement." A printed form which
8 includes information about family history, employment, assets,
9 income, debts and liabilities, and insurance provided to the
10 court by each party required under section 7212(a) (relating to
11 commencement of family action).
12 "Family law adjudication system." The system within the
13 court of common pleas established to receive family actions, to
14 hear and decide family litigation and to help families negotiate
15 the court processes involved with family litigation. This term
16 includes court resources dedicated to providing information to
17 families regarding substantive and procedural aspects of family
18 litigation, court resources dedicated to helping self litigants
19 and court resources necessary to effectuate judicial education
20 and all other requirements of this chapter.
21 "Family law master." An attorney appointed by a judge to
22 hear family litigation. The term does not include a mediator or
23 conciliator.
24 "Family litigation." All matters involving divorce,
25 annulment, custody, child support, spousal support, alimony,
26 alimony pendente lite, counsel fees and costs, equitable
27 division of marital property and related matters. The term does
28 not include matters regarding:
29 (1) adoption, delinquency, dependency or protection from
30 abuse;
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1 (2) establishment of paternity or child support
2 enforcement or collection under 23 Pa.C.S. Ch. 43 (relating
3 to support matters generally);
4 (3) 23 Pa.C.S. Ch. 56 (relating to standby
5 guardianship);
6 (4) 23 Pa.C.S. Ch. 53 Subch. B (relating to child
7 custody jurisdiction);
8 (5) 23 Pa.C.S. Pt. VIII (relating to uniform interstate
9 family support); or
10 (6) 23 Pa.C.S. Pt. VIII-A (relating to intrastate family
11 support).
12 "Family resource center." The facility required under
13 section 7228 (relating to family resource center).
14 "Judge." A judge of a court of common pleas. The term
15 includes a senior judge.
16 § 7205. Scope.
17 (a) General rule.--Except as set forth in subsection (b),
18 this chapter applies exclusively to and governs the procedure
19 for hearing and deciding all matters involving family
20 litigation.
21 (b) Limitation.--This chapter does not apply to matters
22 excluded from the definition of "family litigation" in section
23 7304 (relating to definitions). This chapter is not intended to
24 affect the child support collection or enforcement operations of
25 the Department of Public Welfare.
26 (c) Purpose.--This chapter shall be construed liberally to
27 promote justice, to ensure the safety of children and to provide
28 families with a fair, timely and cost-efficient method for
29 hearing and deciding family litigation.
30 § 7206. Judicial districts.
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1 (a) Requirements.--Each judicial district in this
2 Commonwealth shall do all of the following:
3 (1) provide courtrooms, chambers, facilities, equipment,
4 legal and educational materials and supplies in accordance
5 with this chapter;
6 (2) provide employees necessary for the operation,
7 management and recordkeeping necessary to implement the
8 family law adjudication system in accordance with this
9 chapter; and
10 (3) establish the procedure for receiving family actions
11 and for hearing and deciding family litigation in accordance
12 with this chapter.
13 (b) Penalty.--If a judicial district fails to comply with
14 this chapter, the county or counties which comprise that
15 judicial district shall be responsible for all administrative
16 costs related to the receiving of family actions and for the
17 hearing and deciding of family litigation until the judicial
18 district complies with this chapter.
19 § 7207. Annual report.
20 (a) Preparation.--Each judicial district shall prepare and
21 submit to the Court Administrator of Pennsylvania information
22 and statistics for the previous fiscal year concerning the
23 operation of the family law adjudication system. This section
24 includes:
25 (1) The number of family actions filed and disposed of.
26 (2) The types of family actions filed and disposed of.
27 (3) The length of time necessary to dispose of family
28 actions.
29 (4) The number of family actions pending for more than
30 six months from the date of commencement and the reason for
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1 the pendency.
2 (5) The length of time necessary to hear and decide
3 family litigation.
4 (6) The number of family actions pending in the family
5 law adjudication system.
6 (7) The number of family actions not tried continuously
7 and the reason for this treatment.
8 (8) The compliance by judges and family law masters with
9 judicial educational requirements.
10 (9) The number of self-litigants and the services
11 provided to self-litigants.
12 (b) Submission.--The Court Administrator of Pennsylvania
13 shall compile and prepare this information and submit it in an
14 annual report to the Governor, the Chief Justice of the Supreme
15 Court of Pennsylvania, the President of the Pennsylvania Senate,
16 the Speaker of the House of Representatives and the members of
17 the Judiciary Committee of the Senate and the Judiciary
18 Committee of the House of Representatives.
19 (c) Public access.--The Court Administrator of Pennsylvania
20 shall make the annual report available to the public. This
21 subsection includes access over the Internet or other electronic
22 format readily accessible to the public.
23 § 7208. Weighted caseload study.
24 Within two years of the effective date of this section, the
25 Court Administrator of Pennsylvania shall undertake a weighted
26 caseload study to determine efficient allocation of judicial and
27 case management team resources.
28 § 7209. Intake and screening.
29 Each judicial district shall establish a family action intake
30 service within the domestic relations section of the court of
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1 common pleas. The service shall be located within the family
2 resource center and shall have among its responsibilities the
3 screening of family actions for allegations or evidence of
4 substance abuse, child abuse, child neglect, child sexual abuse
5 and exploitation and domestic violence. This service shall
6 assist litigants by making referrals and providing information
7 regarding community-based and government services designed to
8 provide treatment for substance abuse and to help victims of
9 child abuse and neglect, child sexual abuse and exploitation and
10 domestic violence.
11 § 7210. Hearings may be private.
12 In a family action, upon demand of a party, or the court's
13 own motion, the court shall direct that:
14 (1) the trial or proceedings regarding family litigation
15 be private; and
16 (2) all persons except officers of the court, parties,
17 witnesses and counsel be excluded from the place where the
18 matter is being heard.
19 § 7211. Testimony of minor child.
20 Except upon prior approval of the judge on a case-by-case
21 basis:
22 (1) testimony of a minor child shall not be permitted;
23 and
24 (2) no minor child shall be subpoenaed to appear at a
25 hearing.
26 § 7212. Commencement of family action.
27 (a) Family information statement.--
28 (1) At the time of filing a complaint or cross-complaint
29 regarding family litigation, each party shall complete and
30 file a family information statement on a form prescribed by
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1 the Administrative Office of Pennsylvania Courts. The family
2 information statement shall provide information including:
3 (i) Name, address and telephone number of the
4 party's employer.
5 (ii) Residential and mailing addresses of the party
6 and the party's children.
7 (iii) Party's social security number.
8 (iv) Party's driver's license number.
9 (v) Itemization and identification of party's
10 assets, whether held jointly or individually.
11 (vi) Party's income, debts and liabilities.
12 (vii) Party's medical, homeowners, life and
13 automobile insurance coverage.
14 (viii) Family history. This subparagraph includes
15 all of the following:
16 (A) Physical, emotional or sexual abuse of a
17 family member.
18 (B) Physical, emotional or educational neglect
19 of a family member.
20 (C) Alcohol or drug abuse on the part of a
21 family member.
22 (D) Contact with the juvenile justice system by
23 a minor in the family.
24 (2) The information provided by a party pursuant to
25 subparagraph (viii) shall be confidential. Disclosure shall
26 not be permitted to any other individual other than the
27 judge, the family law master, the mediator or conciliator,
28 the members of the case management team, members of the
29 intake and screening service or other court employees.
30 (3) Information required by the family information
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1 statement shall, to the extent known to the party, be fully
2 completed and be current to within 60 days. Parties have a
3 continuing duty to inform the court of any changes in the
4 information required in the family information statement and
5 to file a statement with the most current information
6 available at the time of filing a petition to modify a
7 support order. The statement shall provide that furnishing
8 information which the party does not believe to be true shall
9 subject the party to possible prosecution for a violation of
10 18 Pa.C.S. § 4904 (relating to unsworn falsification to
11 authorities).
12 (4) A party shall comply with the requirements of 23
13 Pa.C.S. § 4353 (relating to duty to report).
14 (5) If a party fails to provide a family information
15 statement, the other party shall supply the information in
16 the statement to the best of the party's knowledge.
17 (b) Sanctions.--If a party intentionally fails to file a
18 family information statement, the judge may impose sanctions or
19 dismiss a party's pleadings subject to reinstatement upon
20 conditions imposed by the judge.
21 (c) Custody.--If the complaint includes the issue of
22 custody, the complaint and cross-complaint shall be accompanied
23 by a written statement regarding the proposed custody
24 arrangement or supervision of children. Nothing in this
25 subsection shall be construed to limit the court's ability to
26 require the parties to develop a parenting plan.
27 § 7213. Differentiated case management.
28 (a) Establishment.--Each judicial district shall establish a
29 differentiated case management system for the handling of family
30 actions in accordance with this section.
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1 (b) Assignment.--A family action shall be assigned to one of
2 the following tracks as follows:
3 (1) If the family action includes a child custody
4 dispute, it shall be assigned to the priority track.
5 (2) A family action shall be assigned to the complex
6 track if it appears likely that this action will require a
7 disproportionate expenditure of a court's and a party's
8 resources in preparation for trial and at trial due to any of
9 the following:
10 (i) Number of claims and defenses raised.
11 (ii) Legal difficulty of the issues presented.
12 (iii) Factual difficulty of the subject matter.
13 (iv) Length and complexity of discovery.
14 (v) A combination of these and other factors.
15 (3) If the family action appears to be capable of being
16 tried promptly with minimal pretrial proceedings, it shall be
17 assigned to the expedited track.
18 (4) If the family action is not qualified to be placed
19 on the priority track, the complex track or the expedited
20 track, it shall be assigned to the standard track.
21 (c) Expedited track assignment.--Subject to subsection (e),
22 a family action shall be assigned to the expedited track if any
23 of the following apply:
24 (1) There is no dispute as to the income or assets of
25 the parties and custody of minor children is not at issue.
26 (2) The parties have been married less than five years
27 and have no children.
28 (3) The parties have entered into a property settlement
29 agreement and custody of minor children is not an issue.
30 (4) The divorce is uncontested and custody of minor
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1 children is not an issue.
2 (5) The petition alleges facts supporting a conclusion
3 that there is an emergency.
4 (d) Procedure.--The judge shall make the track assignment as
5 soon as practicable after the case management conference
6 required by section 7214 (relating to case management
7 conference). In making the track assignment, the judge shall
8 consider a party's request for track assignment. If all the
9 parties agree on a track assignment, the case shall not be
10 assigned a different track except for good cause shown, after
11 giving all parties the opportunity to be heard either orally or
12 in writing. If it is not clear from an examination of the
13 information provided by the parties which track assignment is
14 appropriate, the family action shall be assigned to the track
15 which affords the greatest degree of management. The parties
16 shall be promptly advised of the track assignment.
17 (e) Reassignment.--A judge may reassign a family action to a
18 track other than that specified in the original notice to the
19 parties either on the judge's own motion or upon a party's
20 application. Unless the court otherwise directs, a party's
21 application shall be made in the form of an affidavit to the
22 judge and shall state with specificity the reasons for
23 reassignment. Upon reassignment, the parties are not required to
24 refile court documents. The case management team shall continue
25 to use the original docket or file number.
26 § 7214. Case management conference.
27 (a) General rule.--After the filing of the family
28 information statement, in any family action, the judge shall
29 direct the parties to participate in a case management
30 conference, which may be conducted in person or by telephone, to
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1 consider the following matters before the family action is
2 assigned to a differentiated case management track:
3 (1) Identification and simplification of the issues.
4 (2) Necessity or desirability of amending the pleadings.
5 (3) Possibility of obtaining admissions of fact and
6 documents which will avoid unnecessary proof or discovery.
7 (4) Participation in the program of alternate dispute
8 resolution and the separating parents seminar.
9 (5) Limitation of expert witnesses.
10 (6) Appointment of a court-appointed special advocate, a
11 guardian ad litem or an attorney for a minor child.
12 (7) Establishment of a discovery schedule and
13 determination of its scope.
14 (8) Such other matters as the judge deems appropriate.
15 (b) Order.--
16 (1) The judge shall issue an order which recites the
17 action taken at the case management conference. This
18 paragraph includes:
19 (i) Amendments allowed to the pleadings.
20 (ii) Agreements made by the parties as to any of the
21 matters considered.
22 (iii) Discovery schedule.
23 (iv) A court-appointed special advocate, a guardian
24 ad litem or an attorney for a minor.
25 (v) Participation in the program of alternate
26 dispute resolution and the separating parents seminar.
27 (vi) Dates for any additional case management
28 conferences.
29 (vii) Firm trial date.
30 (viii) Any other matter the judge deems appropriate.
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1 (2) The order shall control the subsequent course of the
2 family action up to the time of trial before the judge. If
3 the parties proceed to trial, the order may be modified by
4 the judge at his discretion.
5 § 7215. Consolidation.
6 (a) Family law master.--In the absence of a judge's order to
7 the contrary, if a family action is placed on the expedited
8 track or the standard track and if custody is not an issue which
9 the family law master will hear, a family law master may
10 consolidate as much of the family litigation as practicable and
11 dispose of it at one proceeding.
12 (b) Judge.--With the exception of custody, at the case
13 management conference, a judge may order consolidation of family
14 litigation.
15 § 7216. Bifurcation.
16 (a) General rule.--Except as set forth in subsection (b), in
17 a family action where a complaint for divorce is filed, a decree
18 of divorce shall not be granted prior to entry of an order
19 resolving all pending claims for equitable division of marital
20 property, alimony, counsel fees, costs and expenses.
21 (b) Exception.--In a family action in which a complaint for
22 divorce is filed, if a party can show exceptional circumstances,
23 a decree of divorce may be granted prior to entry of an order
24 resolving all pending claims for equitable division of marital
25 property, alimony, counsel fees, costs and expenses upon the
26 approval of the:
27 (1) president judge of the court of common pleas in a
28 judicial district in which there is no family division; or
29 (2) administrative judge of the family division of the
30 court of common pleas in a judicial district in which there
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1 is a family division.
2 § 7217. Continuous trials.
3 Insofar as is practicable, court calendars shall be designed
4 to allow family actions to be tried continuously to conclusion.
5 If a family action is not tried continuously, the record at each
6 day's proceedings shall document the reason for the
7 fragmentation.
8 § 7218. Tentative decisions for motions.
9 The judge may, prior to the scheduled date of oral argument
10 on a motion involving family litigation, decide the motion on
11 the basis of the papers filed of record or such briefs as may be
12 filed by the parties, subsequently posting the tentative
13 decision and making it available to the parties. Unless a party
14 objects, with notice to the opposing party, the request for oral
15 argument on the motion shall be deemed withdrawn; and the
16 tentative decision shall become final and shall be set forth in
17 an appropriate order. If a party renews the request for oral
18 argument on the motion, with notice to the opposing party, the
19 motion shall be argued as scheduled.
20 § 7219. Motions day.
21 (a) Establishment.--Each judicial district shall designate
22 one or more days each week for the hearing and disposing of
23 motions.
24 (b) Procedure.--Motions not disposed of in accordance with
25 section 7218 (relating to tentative decisions for motions) shall
26 be scheduled for oral argument, which shall be staggered
27 throughout the day. The court may conduct an oral argument by
28 telephone.
29 § 7220. Case management teams.
30 (a) Establishment.--Each judicial district shall establish
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1 one or more case management teams within the domestic relations
2 section of the court of common pleas, to be headed by a case
3 management team leader, to effectively manage and process family
4 litigation from filing to final disposition. The team shall be
5 supervised by a judge. Insofar as practicable, each time a party
6 seeks modification of an order involving family litigation, the
7 family action shall be assigned to the same case management
8 team.
9 (b) Duties.--The case management team shall be responsible
10 for the timely management and processing of family actions and
11 shall, subject to supervision and orders of the judge, do all of
12 the following:
13 (1) Coordinate the timely filing of reports,
14 recommendations, evaluations and other writings necessary to
15 the disposition of family litigation.
16 (2) Participate, as necessary, in case management
17 conferences.
18 (3) Implement the judge's decision regarding assignment
19 of a family action to a differentiated case management track.
20 (4) Notify parents of the separating parents seminar.
21 (5) Assign that portion of family litigation involving
22 custody to alternate dispute resolution.
23 (6) Cooperate with other employees of the domestic
24 relations section or the Department of Public Welfare, as
25 needed, pursuant to 23 Pa.C.S. Ch. 43 (relating to support
26 matters generally).
27 (7) Perform other duties as the judge may direct in
28 order to effectuate the timely, fair and cost-efficient
29 disposition of family actions.
30 § 7221. Family law masters.
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1 (a) Appointment.--Subject to section 7222(h) (relating to
2 alternate dispute resolution), a judge may appoint a family law
3 master to hear any aspect of family litigation except custody.
4 The family law master shall hold a record proceeding which shall
5 be recorded by stenographer, tape recorder or other electronic
6 means.
7 (b) Qualifications.--A family law master must be an attorney
8 at law and must comply with judicial education requirements as
9 provided in section 7231 (relating to judicial education
10 seminar).
11 (c) Requirements.--The family law master shall comply with
12 orders issued by the judge and decisions made by the judge,
13 including differentiated case management systems track
14 assignment, and shall cooperate with the case management team
15 with regard to the timely filing of reports, recommendations and
16 other writings.
17 (d) Powers and duties.--The family law master has the
18 following powers and duties:
19 (1) Receive evidence, take testimony and establish a
20 record.
21 (2) Make findings of fact, conclusions of law and
22 recommendations to the judge for the issuance and enforcement
23 of a final order disposing of family litigation.
24 (3) Other powers and duties as provided by the judge's
25 order.
26 (e) Prohibition.--Notwithstanding any statutory provision of
27 law to the contrary, a person who is not a judge or family law
28 master may not hear or decide matters which establish or modify
29 the amount of child or spousal support.
30 § 7222. Alternate dispute resolution.
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1 (a) Program established.--Each judicial district shall
2 establish a program of alternate dispute resolution which:
3 (1) Facilitates and encourages the parties to resolve
4 custody disputes with the help of a neutral third party.
5 (2) Contains an orientation program for the parties.
6 (3) Is closed to the public and is confidential.
7 (b) Requirement.--Subject to subsection (c), the parties
8 shall be referred to the program of alternate dispute resolution
9 for the resolution of a custody dispute in accordance with the
10 child's best interests. Upon referral, the parties shall be
11 required to attend an orientation program.
12 (c) Exception.--A party may be excused from the program of
13 alternate dispute resolution or the orientation program for good
14 cause shown. This subsection includes:
15 (1) A history of child abuse or neglect, child sexual
16 abuse or exploitation or domestic violence by a party.
17 (2) Evidence that parties are currently participating in
18 private mediation or some other form of alternate dispute
19 resolution.
20 (d) Standards.--The Supreme Court shall, by general rule,
21 provide standards for the hiring and training of mediators and
22 conciliators. This subsection includes:
23 (1) Minimum qualifications, which shall not be
24 restricted to any particular professional or educational
25 training.
26 (2) Minimum requirements for training in the procedural
27 aspects of mediation and conciliation and the interpersonal
28 skills necessary to act as an effective mediator or
29 conciliator.
30 (3) A minimum period of apprenticeship for individuals
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1 who have not previously acted as mediators or conciliators.
2 (4) Procedures to ensure that potential mediators and
3 conciliators understand the high standard of ethics and
4 confidentiality related to their participation in the program
5 of alternate dispute resolution.
6 (e) Mandatory education.--
7 (1) Except as provided in paragraph (2), a mediator and
8 a conciliator must successfully complete a program of
9 education appropriate for mediators or conciliators in
10 custody disputes approved by the Academy of Family Mediators
11 within six months of the later of:
12 (i) the date of appointment; or
13 (ii) the effective date of this section.
14 (2) Paragraph (1) does not apply to a mediator or
15 conciliator who has already attended and successfully
16 completed such a program prior to the appropriate date.
17 (3) Failure to fulfill this educational requirement
18 shall cause the mediator or conciliator to forfeit the
19 position.
20 (f) Cooperation with case management team.--A mediator or
21 conciliator shall cooperate with the case management team with
22 regard to the timely filing of reports, recommendations and
23 other writings and shall comply with any orders issued or
24 decisions made by a judge.
25 (g) Fees.--Each judicial district shall establish a sliding
26 schedule of fees for participation in the alternate dispute
27 resolution program, based on a party's ability to pay. Unless
28 the judge issues an order to the contrary, the fee for alternate
29 dispute resolution services shall be borne equally by the
30 parties.
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1 (h) Excuse.--If a party is excused from the program of
2 alternate dispute resolution pursuant to subsection (b), a
3 family law master shall hear that part of a family action
4 involving custody.
5 (i) Custody evaluation.--A mediator or conciliator or family
6 law master may refer the parties to custody evaluation. A
7 mediator or conciliator may not act as a custody evaluator for
8 the parties who appear before the mediator or conciliator
9 without the express written consent of the parties and approval
10 by the judge. No individual who has provided therapy or
11 counseling services to a party or a member of a party's family
12 shall serve as an evaluator.
13 § 7223. Appeals.
14 (a) General rule.--A party may appeal a ruling or decision
15 other than those incorporated in a final order disposing of
16 family litigation made by a family law master to a judge.
17 (b) Appeal.--All final orders disposing of family litigation
18 not resolved to a party's satisfaction issued by a family law
19 master shall be heard by a judge at one proceeding in accordance
20 with section 7217 (relating to continuous trials). The standard
21 of review shall be de novo.
22 (c) Custody.--If the parties do not resolve a custody
23 dispute during participation in the program of alternate dispute
24 resolution, that part of the family action involving custody
25 shall be consolidated with any appeals brought under subsection
26 (b).
27 § 7224. Separating parents seminar.
28 Each judicial district shall establish a seminar for
29 separating parents. The seminar shall include the following
30 topics and others as the Administrative Office of Pennsylvania
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1 Courts may designate:
2 (1) The procedural aspects of family litigation.
3 (2) The availability of court services to aid self
4 litigants and represented parties.
5 (3) The availability of community and government
6 services to treat drug or alcohol abuse and to help victims
7 of domestic violence, child sexual abuse and exploitation and
8 child abuse and neglect.
9 (4) Basic child psychology and strategies to minimize
10 the adverse effects of separation or divorce on children.
11 (5) The potential benefits of alternate dispute
12 resolution services.
13 § 7225. Seminar for children of separating parents.
14 (a) Option.--A judicial district may establish a program for
15 children of separating parents for children eight years of age
16 and older.
17 (b) Establishment.--If a judicial district establishes the
18 program under subsection (a), the judicial district shall do so
19 in cooperation with and at the direction of the Administrative
20 Office of Pennsylvania Courts. In designing a seminar, the
21 Administrative Office of Pennsylvania Courts shall consult with
22 experts in the fields of child psychology, child abuse and
23 neglect, family pathology and similar fields to ensure that the
24 content of the seminar is suited to children and will not serve
25 to further traumatize children of separating parents.
26 § 7226. Family Justice Account.
27 (a) Establishment.--There is established within the General
28 Fund a restricted account, called the Family Justice Account.
29 (b) Purpose.--The purpose of the account is to fund the cost
30 of court-ordered participation in the program of alternate
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1 dispute resolution, custody evaluation, proceedings before
2 family law masters, and other costs or fees associated with
3 family litigation when a party is unable to pay such costs or
4 fees by reason of poverty or financial hardship.
5 (c) Procedure.--
6 (1) Each judicial district may, through the
7 Administrative Office of Pennsylvania Courts, make
8 application for payment by the account. Money received from
9 the account shall only be used to reimburse expenses
10 enumerated in subsection (b).
11 (2) A party may seek relief from costs and fees
12 enumerated in subsection (b) upon application to the judge by
13 submitting a sworn or affirmed statement regarding poverty or
14 financial hardship. The statement should be filed along with
15 the family information statement, but it may be filed at any
16 time prior to final disposition of the family action.
17 § 7227. Appointment of representation for child.
18 (a) General rule.--In a family action where custody of a
19 child is an issue, the judge may appoint a guardian ad litem,
20 who must be an attorney at law, an attorney or a court-appointed
21 special advocate for the child. If an attorney is appointed, the
22 attorney may not represent a party to the same family action.
23 (b) Exception.--In any family action in which custody of a
24 child is an issue and there is history of or an allegation of
25 child abuse or neglect, child sexual abuse or exploitation by a
26 party or a member of a party's household or history of or an
27 allegation of domestic violence against one party by the other,
28 the judge shall appoint a guardian ad litem or court-appointed
29 special advocate for the child. The duties of the guardian ad
30 litem shall be as set forth in section 6311(b) (relating to
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1 guardian ad litem for child in court proceedings). The duties of
2 the court-appointed special advocate shall be as set forth in
3 section 6342(d) (relating to court-appointed special advocates).
4 (c) Fees and costs.--Subject to section 7226 (relating to
5 Family Justice Account), the judge may impose attorney fees and
6 other fees and costs under this section upon either party.
7 § 7228. Family resource center.
8 (a) Establishment.--Each judicial district shall establish a
9 family resource center to be located in the courthouse or
10 another centralized location where family litigation is heard
11 and decided.
12 (b) Purpose.--The purpose of the family resource center is
13 to provide parties and other interested persons a central
14 location where they may do all of the following:
15 (1) Gain access to easily understandable information
16 regarding the substantive and procedural aspects of family
17 litigation.
18 (2) Gain access to easily understandable information
19 regarding protection from abuse orders, shelters and other
20 government and community services designed to help victims of
21 domestic violence and child abuse and neglect.
22 (3) Direct inquiries regarding the family law
23 adjudication system.
24 (4) Find a suitable place to leave children during court
25 proceedings, mediation or other court-ordered activities.
26 (5) Find a suitable place to meet with volunteer
27 lawyers.
28 (c) Services.--A family resource center shall provide all of
29 the following:
30 (1) An appropriate, supervised place for children to
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1 wait while a party is taking part in court proceedings, the
2 program of alternate dispute resolution or other court-
3 ordered activity.
4 (2) Easily understandable information and other
5 materials and legal books regarding the substantive law of
6 family litigation. This paragraph includes forms.
7 (3) The family law manual under section 7229 (relating
8 to family law manual).
9 (4) At least one employee shall be responsible for
10 answering, during the entire court day, general questions
11 from parties and other interested persons regarding the
12 family law adjudication system, the procedural aspects of
13 family litigation and the substantive law of family
14 litigation. The employee shall also make referrals to
15 appropriate government and community resources. The
16 information provided by the employee shall not be construed
17 as legal advice. The employee shall be absolutely immune from
18 suit when performing duties under this paragraph.
19 § 7229. Family law manual.
20 (a) Development.--Each judicial district, in cooperation
21 with the Administrative Office of Pennsylvania Courts, shall
22 develop a family law manual, which does all of the following:
23 (1) Explains in basic terms Pennsylvania substantive law
24 regarding family litigation.
25 (2) Explains in basic terms the procedural aspects of
26 family litigation.
27 (3) Explains in basic terms the substantive and
28 procedural law regarding protection from abuse.
29 (4) Provides a basic guide to family litigation motions
30 practice.
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1 (5) Provides phone numbers and addresses within that
2 judicial district for government and community services
3 designed to:
4 (i) provide treatment and prevention services for
5 drug or alcohol abuse;
6 (ii) protect children from sexual abuse and
7 exploitation, child abuse and neglect;
8 (iii) assist victims of domestic violence;
9 (iv) provide free or low-cost legal assistance; and
10 (v) provide free or low-cost psychological services.
11 (b) Availability.--
12 (1) A party must receive the manual at no cost after
13 initiating or responding to a family action and no later than
14 the date of attending the separating parents seminar.
15 (2) The manual shall be available without cost to any
16 person upon request. The manual shall be available over the
17 Internet or through other electronic means readily accessible
18 to the general public.
19 § 7230. Volunteer lawyers.
20 It is the intent of the General Assembly to encourage
21 attorneys at law to volunteer their time to help self-
22 represented litigants by providing a suitable place within the
23 family resource center for volunteer lawyers to meet with
24 parties who cannot afford lawyers. The Administrative Office of
25 Pennsylvania Courts shall work with State and county bar
26 associations to develop policies and procedures to encourage
27 attorneys to join the volunteer lawyers program.
28 § 7231. Judicial education seminar.
29 (a) General rule.--
30 (1) Except as provided in paragraph (2), each judge and
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1 family law master who hears family litigation must
2 successfully complete courses of instruction at the National
3 Council of Juvenile and Family Court Judges within six months
4 of the later of:
5 (i) the date of first assignment to family
6 litigation; or
7 (ii) the effective date of this section.
8 (2) Paragraph (1) does not apply to a judge or family
9 law master who has already successfully completed such a
10 program prior to the appropriate date.
11 (3) Every two years, the judge or family law master must
12 successfully complete courses at the National Council of
13 Juvenile and Family Court Judges.
14 (b) Continuing education in family law.--Every two years,
15 each judge and family law master must successfully complete the
16 program established in section 7232 (relating to continuing
17 judicial education).
18 (c) Penalty.--Failure to comply with this section shall
19 result in the judge or family law master being subject to
20 disciplinary action pursuant to section 18 of Article V of the
21 Constitution of Pennsylvania.
22 (d) Monitoring.--The Administrative Office of Pennsylvania
23 Courts shall monitor compliance with this section by judges and
24 family law masters and shall notify the Judicial Conduct Board
25 of noncompliance by any judge or family law master.
26 § 7232. Continuing judicial education.
27 (a) Establishment.--There is established a continuing
28 judicial education program. The program shall be designed and
29 administered by the Administrative Office of Pennsylvania
30 Courts.
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1 (b) Functions.--The Administrative Office of Pennsylvania
2 Courts has the following powers and duties:
3 (1) Design and administer a course of study and training
4 for judges and family law masters who hear family litigation
5 to be at least 20 hours in length on the following topics:
6 (i) The substantive law of family litigation.
7 (ii) The procedural aspects of family litigation.
8 (iii) Child development and child psychology.
9 (iv) Child sexual abuse and exploitation, child
10 abuse and neglect, domestic violence and other family
11 pathologies, and Pennsylvania law relating to these
12 topics.
13 (v) Mental and behavioral health and alcohol and
14 drug abuse.
15 (vi) Alternate dispute resolution.
16 (vii) Financial aspects of family litigation,
17 including the law of taxation, trusts and estates,
18 employee benefits, workers' compensation and business
19 valuation.
20 (2) Establish minimum qualifications for instructors.
21 (3) Consult, cooperate and contract with universities,
22 colleges, law schools and mental health and health care
23 professionals regarding the development of courses in the
24 program and the teaching of those courses.
25 Section 3. This act shall apply to all family actions filed
26 on or after the effective date of this section.
27 Section 4. The Secretary of the Commonwealth shall transmit
28 to the Legislative Reference Bureau, for publication in the
29 Pennsylvania Bulletin, notice of adoption of an amendment to the
30 Constitution of Pennsylvania which deals with all of the
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1 following:
2 (1) The procedure in each judicial district for family
3 litigation.
4 (2) The establishment in each judicial district of a
5 family resource center.
6 (3) The Judicial Conduct Board having jurisdiction over
7 family law masters with respect to ethics.
8 (4) The establishment of judicial education
9 requirements.
10 Section 5. This act shall take effect as follows:
11 (1) Section 4 and this section shall take effect
12 immediately.
13 (2) The addition of 42 Pa.C.S. §§ 7201, 7202, 7203,
14 7204, 7205, 7207, 7208 and 7226 shall take effect upon
15 publication in the Pennsylvania Bulletin of the notice under
16 section 4.
17 (3) The remainder of this act shall take effect 180 days
18 after publication of the notice under section 4.
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