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PRINTER'S NO. 1508
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1392
Session of
2021
INTRODUCED BY SAYLOR, R. BROWN, HELM, KEEFER, LEWIS DELROSSO,
MILLARD, MOUL, PICKETT, ROTHMAN, RYAN, WHEELAND AND
ZIMMERMAN, MAY 14, 2021
REFERRED TO COMMITTEE ON JUDICIARY, MAY 14, 2021
AN ACT
Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, further providing for procedures in domestic
relations and litigation; repealing provisions relating to
hearing by master, jury trial, mediation programs, fees and
costs, review of programs, existing programs and
consolidation of proceedings; conferring powers and duties on
the unified judicial system, the Secretary of the
Commonwealth and the Legislative Reference Bureau;
establishing the Family Justice Account; and making editorial
changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3303(a) and 3308 of Title 23 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 3303. Annulment of void and voidable marriages.
(a) General rule.--In all cases where a supposed or alleged
marriage has been contracted which is void or voidable under
this title or under applicable law, either party to the supposed
or alleged marriage may bring an action in annulment to have it
declared void in accordance with the procedures provided by
[this part and prescribed by general rules.] 42 Pa.C.S. Ch. 72
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(relating to family law and justice).
* * *
§ 3308. Action where defendant suffering from mental disorder.
If a spouse is insane or suffering from serious mental
disorder, an action may be commenced [under this part] in
accordance with 42 Pa.C.S. Ch. 72 (relating to family law and
justice) against that spouse upon any ground for divorce or
annulment.
Section 2. Sections 3321 and 3322 of Title 23 are repealed:
[§ 3321. Hearing by master.
The court may appoint a master to hear testimony on all or
some issues, except issues of custody and paternity, and return
the record and a transcript of the testimony together with a
report and recommendation as prescribed by general rules, or a
judge of the court in chambers may appoint a master to hold a
nonrecord hearing and to make recommendations and return the
same to the court, in which case either party may demand a
hearing de novo before the court.
§ 3322. Jury trial.
(a) Application for jury trial.--After service of the
complaint in divorce or annulment on the defendant in the manner
prescribed by general rules or entry of a general appearance for
the defendant, if either of the parties desires any matter of
fact that is affirmed by one and denied by the other to be tried
by a jury, that party may take a rule upon the opposite party,
to be allowed by a judge of the court, to show cause why the
issues of fact set forth in the rule should not be tried by a
jury, which rule shall be served upon the opposite party or
counsel for the opposite party.
(b) Disposition of application.--Upon the return of the
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rule, after hearing, the court may discharge it, make it
absolute or frame issues itself. Only the issues ordered by the
court shall be tried. The rule shall not be made absolute when,
in the opinion of the court, a trial by jury cannot be had
without prejudice to the public morals.]
Section 3. Sections 3323, 3502(a) and (e), 3505, 3506,
3507(a), 3508, 3701(a), (d) and (e), 3702(a), 3703 and 3705(a)
of Title 23 are amended to read:
§ 3323. Decree of court.
(a) General rule.--In accordance with 42 Pa.C.S. Ch. 72
(relating to family law and justice), in all matrimonial causes,
the court may either dismiss the complaint or enter a decree of
divorce or annulment of the marriage.
(b) Contents of decree.--[A] In accordance with 42 Pa.C.S.
Ch. 72, a decree granting a divorce or an annulment shall
include, after a full hearing, where these matters are raised in
any pleadings, an order determining and disposing of existing
property rights and interests between the parties, custody,
partial custody and visitation rights, child support, alimony,
reasonable attorney fees, costs and expenses and any other
related matters, including the enforcement of agreements
voluntarily entered into between the parties. In the enforcement
of the rights of any party to any of these matters, the court
shall have all necessary powers, including, but not limited to,
the power of contempt and the power to attach wages.
[(c.1) Bifurcation.--With the consent of both parties, the
court may enter a decree of divorce or annulment prior to the
final determination and disposition of the matters provided for
in subsection (b) if the court determines that doing so provides
sufficient economic protections for any minor children of the
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marriage. In the absence of the consent of both parties, the
court may enter a decree of divorce or annulment prior to the
final determination and disposition of the matters provided for
in subsection (b) if:
(1) grounds have been established as provided in
subsection (g); and
(2) the moving party has demonstrated that:
(i) compelling circumstances exist for the entry of
the decree of divorce or annulment; and
(ii) sufficient economic protections have been
provided for the other party and any minor children of
the marriage during the pendency of the disposition of
the matters provided for in subsection (b).]
(d) Substitution for deceased party.--[If] In accordance
with 42 Pa.C.S. Ch. 72, if one of the parties dies after the
decree of divorce has been entered, but prior to the final
determination in such proceeding of the property rights and
interests of the parties under this part, the personal
representative of the deceased party shall be substituted as a
party as provided by law and the action shall proceed.
(d.1) Death of a party.--In the event one party dies during
the course of divorce proceedings, no decree of divorce has been
entered and grounds have been established as provided in
subsection (g), the parties' economic rights and obligations
arising under the marriage shall be determined under this part
rather than under 20 Pa.C.S. (relating to decedents, estates and
fiduciaries).
(e) Costs.--[The] In accordance with 42 Pa.C.S. Ch. 72, the
court may award costs to the party in whose favor the order or
decree shall be entered or may order that each party shall pay
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their own costs or may order that costs be divided equitably as
it shall appear just and reasonable.
(f) Equity power and jurisdiction of the court.--In
accordance with 42 Pa.C.S. Ch. 72, in all matrimonial causes,
the court shall have full equity power and jurisdiction and may
issue injunctions or other orders which are necessary to protect
the interests of the parties or to effectuate the purposes of
this part and may grant such other relief or remedy as equity
and justice require against either party or against any third
person over whom the court has jurisdiction and who is involved
in or concerned with the disposition of the cause.
(g) Grounds established.--For purposes of [subsections (c.1)
and] subsection (d.1), grounds are established as follows:
(1) In the case of an action for divorce under section
3301(a) or (b) (relating to grounds for divorce), the court
adopts a report of the master or makes its own findings that
grounds for divorce exist.
(2) In the case of an action for divorce under section
3301(c), both parties have filed affidavits of consent or, if
the presumption in section 3301(c)(2) is established, one
party has filed an affidavit of consent.
(3) In the case of an action for divorce under section
3301(d), an affidavit has been filed and no counter-affidavit
has been filed or, if a counter-affidavit has been filed
denying the affidavit's averments, the court determines that
the marriage is irretrievably broken and the parties have
lived separate and apart for at least one year at the time of
the filing of the affidavit.
§ 3502. Equitable division of marital property.
(a) General rule.--[Upon] In accordance with 42 Pa.C.S. Ch.
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72 (relating to family law and justice), upon the request of
either party in an action for divorce or annulment, the court
shall equitably divide, distribute or assign, in kind or
otherwise, the marital property between the parties without
regard to marital misconduct in such percentages and in such
manner as the court deems just after considering all relevant
factors. The court may consider each marital asset or group of
assets independently and apply a different percentage to each
marital asset or group of assets. Factors which are relevant to
the equitable division of marital property include the
following:
(1) The length of the marriage.
(2) Any prior marriage of either party.
(3) The age, health, station, amount and sources of
income, vocational skills, employability, estate, liabilities
and needs of each of the parties.
(4) The contribution by one party to the education,
training or increased earning power of the other party.
(5) The opportunity of each party for future
acquisitions of capital assets and income.
(6) The sources of income of both parties, including,
but not limited to, medical, retirement, insurance or other
benefits.
(7) The contribution or dissipation of each party in the
acquisition, preservation, depreciation or appreciation of
the marital property, including the contribution of a party
as homemaker.
(8) The value of the property set apart to each party.
(9) The standard of living of the parties established
during the marriage.
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(10) The economic circumstances of each party at the
time the division of property is to become effective.
(10.1) The Federal, State and local tax ramifications
associated with each asset to be divided, distributed or
assigned, which ramifications need not be immediate and
certain.
(10.2) The expense of sale, transfer or liquidation
associated with a particular asset, which expense need not be
immediate and certain.
(11) Whether the party will be serving as the custodian
of any dependent minor children.
* * *
(e) Powers of the court.--If, at any time, a party has
failed to comply with an order of equitable distribution, as
provided for in this chapter or with the terms of an agreement
as entered into between the parties, after hearing, the court
may, in addition to any other remedy [available under this part]
provided by statute, in order to effect compliance with its
order:
(1) enter judgment;
(2) authorize the taking and seizure of the goods and
chattels and collection of the rents and profits of the real
and personal, tangible and intangible property of the party;
(3) award interest on unpaid installments;
(4) order and direct the transfer or sale of any
property required in order to comply with the court's order;
(5) require security to insure future payments in
compliance with the court's order;
(6) issue attachment proceedings, directed to the
sheriff or other proper officer of the county, directing that
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the person named as having failed to comply with the court
order be brought before the court, at such time as the court
may direct. If the court finds, after hearing, that the
person willfully failed to comply with the court order, it
may deem the person in civil contempt of court and, in its
discretion, make an appropriate order, including, but not
limited to, commitment of the person to the county jail for a
period not to exceed six months;
(7) award counsel fees and costs;
(8) attach wages; or
(9) find the party in contempt.
* * *
§ 3505. Disposition of property to defeat obligations.
(a) Preliminary relief.--Where it appears to the court that
a party is about to leave the jurisdiction of the court or is
about to remove property of that party from the jurisdiction of
the court or is about to dispose of, alienate or encumber
property in order to defeat equitable distribution, alimony
pendente lite, alimony, child and spousal support or a similar
award, an injunction may issue to prevent the removal or
disposition and the property may be attached as prescribed by
general rules. The court may also issue a writ of ne exeat to
preclude the removal.
[(b) Inventory of property.--Both parties shall submit to
the court an inventory and appraisement, which shall contain all
of the following:
(1) A list of the property owned or possessed by either
or both of them as of:
(i) the date of separation; and
(ii) thirty days prior to the date of hearing on
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equitable distribution.
(2) A list of the value of the property owned or
possessed by either or both of them as of:
(i) the date of acquisition;
(ii) the date of separation; and
(iii) thirty days prior to the date of hearing on
equitable distribution.
(3) A list of the liabilities of either or both of them
as of 30 days prior to the date of hearing on equitable
distribution, whether or not the liabilities are related to
the property set forth in the inventory and appraisement.]
(c) Discovery.--Discovery [under this part] in 42 Pa.C.S.
Ch. 72 (relating to family law and justice) shall be as provided
for all other civil actions under the Pennsylvania Rules of
Civil Procedure.
(d) Constructive trust for undisclosed assets.--If a party
fails to disclose information required by [general rule of the
Supreme Court] the family information statement under 42 Pa.C.S.
Ch. 72 and in consequence thereof an asset or assets with a fair
market value of $1,000 or more is omitted from the final
distribution of property, the party aggrieved by the
nondisclosure may at any time petition the court granting the
award to declare the creation of a constructive trust as to all
undisclosed assets for the benefit of the parties and their
minor or dependent children, if any. The party in whose name the
assets are held shall be declared the constructive trustee
unless the court designates a different trustee, and the trust
may include any terms and conditions the court may determine.
The court shall grant the petition upon a finding of a failure
to disclose the assets as required by [general rule of the
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Supreme Court] the family information statement.
(e) Encumbrance or disposition to third parties.--An
encumbrance or disposition of marital property to third persons
who paid wholly inadequate consideration for the property may be
deemed fraudulent and declared void.
§ 3506. Statement of reasons for distribution.
In an order made [under this chapter] in accordance with 42
Pa.C.S. Ch. 72 (relating to family law and justice) for the
distribution of property, the court shall set forth the
percentage of distribution for each marital asset or group of
assets and the reason for the distribution ordered.
§ 3507. Division of entireties property between divorced
persons.
(a) General rule.--Whenever married persons holding property
as tenants by entireties are divorced, they shall, except as
otherwise provided by an order [made under this chapter] issued
in accordance with 42 Pa.C.S. Ch. 72 (relating to family law and
justice), thereafter hold the property as tenants in common of
equal one-half shares in value, and either of them may bring an
action against the other to have the property sold and the
proceeds divided between them.
* * *
§ 3508. Conveyance of entireties property to divorced spouse.
Whenever married persons have acquired real estate as tenants
by entireties and thereafter are divorced, either former spouse,
except as otherwise provided by an order [made under this
chapter] issued in accordance with 42 Pa.C.S. Ch. 72 (relating
to family law and justice), may convey to the other, without the
joinder of the other, the grantor's interest in the real estate
so that the grantee holds the real estate in fee simple, freed
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from all right, title and interest which the grantor had in the
real estate as a tenant by the entireties.
§ 3701. Alimony.
(a) General rule.--Where a divorce decree has been entered
in accordance with 42 Pa.C.S. Ch. 72 (relating to family law and
justice), the court may allow alimony, as it deems reasonable,
to either party only if it finds that alimony is necessary.
* * *
(d) Statement of reasons.--In an order made [under this
section] in accordance with 42 Pa.C.S. Ch. 72, the court shall
set forth the reason for its denial or award of alimony and the
amount thereof.
(e) Modification and termination.--An order [entered
pursuant to this section] is subject to further order of the
court upon changed circumstances of either party of a
substantial and continuing nature whereupon the order may be
modified, suspended, terminated or reinstituted or a new order
made in accordance with 42 Pa.C.S. Ch. 72. Any further order
shall apply only to payments accruing subsequent to the petition
for the requested relief. Remarriage of the party receiving
alimony shall terminate the award of alimony.
* * *
§ 3702. Alimony pendente lite, counsel fees and expenses.
(a) General rule.--In proper cases in accordance with 42
Pa.C.S. Ch. 72 (relating to family law and justice), upon
petition, the court may allow a spouse reasonable alimony
pendente lite, spousal support and reasonable counsel fees and
expenses. Reasonable counsel fees and expenses may be allowed
pendente lite, and the court shall also have authority to direct
that adequate health and hospitalization insurance coverage be
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maintained for the dependent spouse pendente lite.
* * *
§ 3703. Enforcement of arrearages.
If at any time a party is in arrears in the payment of
alimony or alimony pendente lite as provided for in sections
3701 (relating to alimony) and 3702 (relating to alimony
pendente lite, counsel fees and expenses), the court may in
accordance with 42 Pa.C.S. Ch. 72 (relating to family law and
justice), after hearing, in order to effect payment of the
arrearages:
(1) Enter judgment.
(2) Authorize the taking and seizure of the goods and
chattels and the collection of the rents and profits of the
real estate of the party.
(3) Attach no more than 50% of the wages of the party.
(4) Award interest on unpaid installments.
(5) Require security to insure future payments.
(6) Issue attachment proceedings, directed to the
sheriff or other proper officer of the county, directing that
the person named as having failed to comply with the court
order be brought before the court at such time as the court
may direct. If the court finds, after hearing, that the named
person willfully failed to comply with the court order, it
may declare the person in civil contempt of court and in its
discretion make an appropriate order, including, but not
limited to, commitment of the person to prison for a period
not to exceed six months.
(7) Award counsel fees and costs.
§ 3705. Enforcement of foreign decrees.
(a) General rule.--Whenever a person subject to a valid
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decree of a sister state or territory for the distribution of
marital property or for the payment of alimony, temporary
alimony or alimony pendente lite, or the property of that person
is found within this Commonwealth, the obligee of the decree
may, in accordance with 42 Pa.C.S. Ch. 72 (relating to family
law and justice), petition the court where the obligor or the
property of the obligor is found to register, adopt as its own
and enforce the decree as a properly issued and authenticated
decree of a sister state or territory. Upon registration and
adoption, such relief and process for enforcement as is provided
or prescribed by law in similar cases originally commenced in
this Commonwealth shall be available. A copy of the decree and
order shall be forwarded to the court of the state or territory
which issued the original decree. The obligor shall have
whatever defenses and relief are available to the obligor in the
state or territory which issued the original decree and may
question the jurisdiction of that court if not otherwise barred.
Interest may be awarded on unpaid installments and security may
be required to insure future payments as in cases originally
commenced in this Commonwealth. Where property of the obligor,
but not the person of the obligor, is found within this
Commonwealth, there shall be jurisdiction quasi in rem, and,
upon registration and adoption of the decree of the sister state
or territory, relief and enforcement of the decree shall be
available as in other proceedings which are quasi in rem.
* * *
Section 4. Sections 3901, 3902, 3903 and 3904 of Title 23
are repealed:
[§ 3901. Mediation programs.
(a) Establishment.--A court may establish a mediation
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program for actions brought under this part or Chapter 53
(relating to custody).
(b) Issues subject to mediation.--When a program has been
established pursuant to subsection (a), the court may order the
parties to attend an orientation session to explain the
mediation process. Thereafter, should the parties consent to
mediation, the court may order them to mediate such issues as it
may specify.
(c) Local rules.--
(1) The court shall adopt local rules for the
administration of the mediation program to include rules
regarding qualifications of mediators, confidentiality and
any other matter deemed appropriate by the court.
(2) The court shall not order an orientation session or
mediation in a case where either party or child of either
party is or has been a subject of domestic violence or child
abuse at any time during the pendency of an action under this
part or within 24 months preceding the filing of any action
under this part.
(d) Model guidelines.--The Supreme Court shall develop model
guidelines for implementation of this section and shall consult
with experts on mediation and domestic violence in this
Commonwealth in the development thereof. The effective date of
this chapter shall not be delayed by virtue of this subsection.
§ 3902. Fees and costs.
(a) Imposition of fee.--A county in which the court has
established a mediation program may impose an additional filing
fee of up to $20 on divorce and custody complaints to be used to
fund the mediation program.
(b) Assessment of additional costs.--The court may assess
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additional costs of mediation on either party.
§ 3903. Review of programs.
The Supreme Court shall monitor mediation programs
established by courts of common pleas. The Supreme Court shall
establish procedures for the evaluation of the effectiveness of
the program.
§ 3904. Existing programs.
This chapter shall not affect any existing mediation program
established in any judicial district pursuant to local rule.]
Section 5. Sections 4324, 4341(a), 4344, 4345(a) and 4347 of
Title 23 are amended to read:
§ 4324. Inclusion of spousal medical support.
In addition to periodic support payments, the court may, in
accordance with 42 Pa.C.S. Ch. 72 (relating to family law and
justice), require that an obligor pay a designated percentage of
a spouse's reasonable and necessary health care expenses. If
health care coverage is available through an obligor or obligee
at no cost as a benefit of employment or at a reasonable cost,
the court shall order an obligor or obligee to provide or extend
health care coverage to a spouse. Upon failure of the obligor to
make this payment or reimburse the spouse and after compliance
with procedural due process requirement, the court shall treat
the amount as arrearages.
§ 4341. Commencement of support actions or proceedings.
(a) Procedure.--A support action or proceeding under this
chapter shall be commenced in accordance with 42 Pa.C.S. Ch. 72
(relating to family law and justice) in the manner prescribed by
the Rules of Civil Procedure governing actions of support.
* * *
§ 4344. Contempt for failure of obligor to appear.
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A person who willfully fails or refuses to appear in response
to a duly served order or other process [under this chapter]
relating to support may, as prescribed by general rule, be
adjudged in contempt. Contempt shall be punishable by any one or
more of the following:
(1) Imprisonment for a period not to exceed six months.
(2) A fine not to exceed $500.
(3) Probation for a period not to exceed six months.
§ 4345. Contempt for noncompliance with support order.
(a) General rule.--A person who willfully fails to comply
with any order [under this chapter] of support, except an order
subject to section 4344 (relating to contempt for failure of
obligor to appear), may, as prescribed by general rule, be
adjudged in contempt. Contempt shall be punishable by any one or
more of the following:
(1) Imprisonment for a period not to exceed six months.
(2) A fine not to exceed $1,000.
(3) Probation for a period not to exceed one year.
* * *
§ 4347. Security for attendance or performance.
At any stage of the proceedings [under this chapter] relating
to support, upon affidavit filed that the obligor is about to
leave this Commonwealth or the judicial district or, where in
the judgment of the court, the obligor has habitually failed to
comply with court orders [under this chapter] relating to
support, the court may, as prescribed by general rule, issue
appropriate process directing that the obligor be brought before
the court and may direct that the obligor give security to
appear when directed by the court or to comply with any order of
the court.
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Section 6. Section 4349 of Title 23 is repealed:
[§ 4349. Consolidation of proceedings.
In order to facilitate frequent and unimpeded contact between
children and parents, a judge may consolidate with a support
action or proceeding any proceeding commenced for visitation
rights, sole or shared custody, temporary or permanent custody
or any other matters pertaining to support authorized by law
which fairly and expeditiously may be determined and disposed of
in the support action or proceeding.]
Section 7. Sections 4350 and 5332(a) of Title 23 are amended
to read:
§ 4350. Effect of appeal.
An appeal from an order of support [entered pursuant to this
chapter] shall not operate as a supersedeas unless so ordered by
the court.
§ 5332. Informational programs.
(a) Attendance.--The court may direct the parties to attend
informational programs concerning parental duties, including the
separating parents seminar established under 42 Pa.C.S. § 7224
(relating to separating parents seminar).
* * *
Section 8. Title 42 is amended by adding a chapter to read:
CHAPTER 72
FAMILY LAW AND JUSTICE
Sec.
7201. Short title of chapter.
7202. Declaration of policy.
7203. Legislative intent.
7204. Definitions.
7205. Scope of chapter.
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7206. Judicial districts.
7207. Annual report.
7208. Weighted caseload study.
7209. Intake and screening.
7210. Hearings may be private.
7211. Testimony of minor child.
7212. Commencement of family action.
7213. Differentiated case management.
7214. Case management conference.
7215. Consolidation.
7216. Bifurcation.
7217. Continuous trials.
7218. Tentative decisions.
7219. Motions day.
7220. Case management teams.
7221. Family law masters.
7222. Mediation.
7223. Appeals.
7224. Separating parents seminar.
7225. Seminar for children of separating parents.
7226. Family Justice Account.
7227. Family resource center.
7228. Family law manual.
7229. Volunteer lawyers.
7230. Judicial education seminar.
7231. Continuing judicial education.
§ 7201. Short title of chapter.
This chapter shall be known and may be cited as the Family
Law and Justice Act.
§ 7202. Declaration of policy.
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The General Assembly finds and declares as follows:
(1) The current procedure in this Commonwealth for
litigating family law cases involving divorce, annulment,
child support, spousal support, custody, alimony and
equitable division of marital property has created undue
hardship for children and families.
(2) Pennsylvania's current procedure is largely based on
the traditional adversarial process, which is multilayered,
segmented, overly lengthy and costly and only serves to
deepen the wounds caused by family breakup.
(3) Family breakup invariably hurts every member but is
especially harmful to children. Divorce and family separation
have been shown to contribute to increased levels of teen
violence, suicide and depression and to impede learning and
emotional growth.
(4) The best interests of children and the safety of all
family members must be a matter of paramount concern in the
court processes which resolve family conflict.
§ 7203. Legislative intent.
It is declared to be the intention of the General Assembly to
create a procedure for family litigation that complies with all
of the following:
(1) Protects and assures the present and long-term
safety of children and victims of domestic violence.
(2) Eliminates barriers to meaningful dispute resolution
by enabling family members to deal with the same court
officers and staff each time they need the court's dispute
resolution services and by reducing duplication and
fragmentation of court events.
(3) Is accountable to all family members in need of
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protection and promotes public trust and confidence.
(4) Treats each member of a family with courtesy,
civility and respect.
(5) Speedily, efficiently, fairly and cost-effectively
decides family litigation cases, with the goal of resolving
all aspects of a case within six months of filing.
(6) Recognizes the realities of family breakup,
including the emotional trauma experienced by the parties and
their children.
(7) Assures adequate access to all those who need the
court's help, including parties unable to afford lawyers.
(8) Sufficiently trains judges and family law masters in
applicable substantive law and subjects needed to make the
best decisions for children and families, such as mental and
behavioral health, mediation, child abuse and neglect, child
sexual abuse and exploitation, domestic violence and child
development.
§ 7204. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Account." The Family Justice Account established in section
7226 (relating to Family Justice Account).
"Case management team." The employees within the domestic
relations section of a court of common pleas who are supervised
by a judge in accordance with section 7220 (relating to case
management teams) and whose responsibility is to manage and
process family actions in a manner consistent with this chapter.
"Case management team leader." The designated manager of a
case management team.
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"Court." A judge of a court of common pleas or a family law
master appointed by a judge to hear family litigation.
"Differentiated case management system." The multitrack
system for the management and timely disposition of family
litigation established in section 7214 (relating to case
management conference).
"Family action." An action filed with the court of common
pleas that is comprised of one or more matters of family
litigation.
"Family information statement." A printed form that includes
information about family history, employment, assets, income,
debts and liabilities and insurance provided to the court by
each party required under section 7212(a) (relating to
commencement of family action).
"Family law adjudication system." The system within the
court of common pleas established to receive family actions, to
hear and decide family litigation and to help families negotiate
the court processes involved with family litigation. The term
includes court resources dedicated to providing information to
families regarding substantive and procedural aspects of family
litigation, court resources dedicated to helping self-litigants
and court resources necessary to effectuate judicial education
and all other requirements of this chapter.
"Family law master." An attorney appointed by a judge to
hear family litigation. The term does not include a mediator.
"Family litigation." All matters involving divorce,
annulment, custody, except relocation in accordance with 23
Pa.C.S. § 5337 (relating to relocation), child support, spousal
support, alimony, alimony pendente lite, counsel fees and costs,
equitable division of marital property and related matters. The
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term does not include matters regarding:
(1) adoption, delinquency, dependency or protection from
abuse;
(2) establishment of paternity or child support
enforcement or collection under 23 Pa.C.S. Ch. 43 (relating
to support matters generally);
(3) determination of support or paternity under 23
Pa.C.S. § 4342 (relating to expedited procedure);
(4) 23 Pa.C.S. Ch. 52 (relating to uniform child
abduction prevention);
(5) 23 Pa.C.S. Ch. 54 (relating to uniform child custody
jurisdiction and enforcement);
(6) 23 Pa.C.S. Pt. VIII (relating to uniform interstate
family support);
(7) 23 Pa.C.S. Pt. VIII-A (relating to intrastate family
support); or
(8) relocation under 23 Pa.C.S. § 5337.
"Family resource center." The facility required under
section 7227 (relating to family resource center).
"Judge." A judge of a court of common pleas. The term
includes a senior judge.
§ 7205. Scope of chapter.
(a) General rule.--Except as under subsection (b), this
chapter applies exclusively to and governs the procedure for
hearing and deciding all matters involving family litigation.
(b) Limitation.--This chapter does not apply to matters
excluded from the definition of "family litigation" in section
7204 (relating to definitions). This chapter is not intended to
affect the child support collection or enforcement operations of
the Department of Human Services.
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(c) Purpose.--This chapter shall be construed liberally to
promote justice, to ensure the safety of children and to provide
families with a fair, timely and cost-efficient method for
hearing and deciding family litigation.
§ 7206. Judicial districts.
(a) Requirements.--Each judicial district in this
Commonwealth shall do all of the following:
(1) provide courtrooms, chambers, facilities, equipment,
legal and educational materials and supplies in accordance
with this chapter;
(2) provide employees for the operation, management and
recordkeeping necessary to implement the family law
adjudication system in accordance with this chapter; and
(3) establish the procedure for receiving family actions
and for hearing and deciding family litigation in accordance
with this chapter.
(b) Penalty.--If a judicial district fails to comply with
this chapter, the county or counties that comprise that judicial
district shall be responsible for all administrative costs
related to the receiving of family actions and for the hearing
and deciding of family litigation until the judicial district
complies with this chapter.
§ 7207. Annual report.
(a) Preparation.--Each judicial district shall prepare and
submit to the Court Administrator of Pennsylvania information
and statistics for the previous fiscal year concerning the
operation of the family law adjudication system. This section
includes:
(1) The number of family actions filed and disposed.
(2) The types of family actions filed and disposed.
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(3) The length of time necessary to dispose of family
actions.
(4) The number of family actions pending for more than
six months from the date of commencement and the reason for
the pendency.
(5) The length of time necessary to hear and decide
family litigation.
(6) The number of family actions pending in the family
law adjudication system.
(7) The number of family actions not tried continuously
and the reason for this treatment.
(8) The compliance by judges and family law masters with
judicial educational requirements.
(9) The number of self-litigants and the services
provided to self-litigants.
(b) Submission.--The Court Administrator of Pennsylvania
shall compile and prepare this information and submit it in an
annual report to the Governor, the Chief Justice of the
Pennsylvania Supreme Court, the President pro tempore of the
Senate, the Speaker of the House of Representatives and the
members of the Judiciary Committee of the Senate and the
Judiciary Committee of the House of Representatives.
(c) Public access.--The Court Administrator of Pennsylvania
shall make the annual report available to the public. This
subsection includes access over the Internet or other electronic
format readily accessible to the public.
§ 7208. Weighted caseload study.
Within two years of the effective date of this section, the
Court Administrator of Pennsylvania shall undertake a weighted
caseload study to determine efficient allocation of judicial and
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case management team resources.
§ 7209. Intake and screening.
Each judicial district shall establish a family action intake
service within the domestic relations section of the court of
common pleas. The service shall have responsibilities, including
the screening of family actions for allegations or evidence of
substance abuse, child abuse, child neglect, child sexual abuse
and exploitation and domestic violence. This service shall
assist litigants by making referrals and providing information
regarding community-based and government services designed to
provide treatment for substance abuse and to help victims of
child abuse and neglect, child sexual abuse and exploitation and
domestic violence. Where appropriate, the service shall notify
government agencies of the need for intervention.
§ 7210. Hearings may be private.
In a family action, upon demand of a party, the court shall
direct that:
(1) the trial or proceedings regarding family litigation
be private; and
(2) all persons except officers of the court, parties,
witnesses and counsel be excluded from the place where the
matter is being heard.
§ 7211. Testimony of minor child.
Except upon prior approval of the judge on a case-by-case
basis, testimony of a minor child as to the merits of a party's
position regarding any part of a family action may not be
permitted and no minor child may be subpoenaed to appear at a
hearing.
§ 7212. Commencement of family action.
(a) Family information statement.--
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(1) At the time of filing a complaint or cross-complaint
regarding family litigation, each party shall complete and
file a family information statement on a form prescribed by
the Administrative Office of Pennsylvania Courts. The family
information statement shall provide information including:
(i) Name, address and telephone number of the
party's employer.
(ii) Residential and mailing addresses of the party
and the party's children.
(iii) Party's Social Security number.
(iv) Party's driver's license number.
(v) Itemization and identification of party's
assets, whether held jointly or individually.
(vi) Party's income, debts and liabilities.
(vii) Party's medical, homeowners, life and
automobile insurance coverage.
(viii) Family history. This subparagraph includes
all of the following:
(A) Physical, emotional or sexual abuse of a
family member.
(B) Physical, emotional or educational neglect
of a family member.
(C) Alcohol or drug abuse on the part of a
family member.
(D) Contact with the juvenile justice system by
a minor in the family.
(2) Information required by the family information
statement shall, to the extent known to the party, be fully
completed and be current to within 60 days. Parties have a
continuing duty to inform the court of any changes in the
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information required in the family information statement and
to file a statement with the most current information
available at the time of filing a petition to modify a
support order. The statement shall provide that furnishing
information that the party does not believe to be true shall
subject the party to possible prosecution for a violation of
18 Pa.C.S. § 4904 (relating to unsworn falsification to
authorities).
(3) A party shall comply with the requirements of 23
Pa.C.S. § 4353 (relating to duty to report).
(4) If a party fails to provide a family information
statement, the other party shall supply the information in
the statement to the best of the party's knowledge.
(b) Sanctions.--If a party intentionally fails to file a
family information statement, the judge may impose sanctions or
dismiss a party's pleadings subject to reinstatement upon
conditions imposed by the judge.
(c) Custody.--If the complaint includes the issue of
custody, the complaint and cross-complaint shall be accompanied
by a written statement regarding the proposed custody
arrangement or supervision of children. Nothing in this
subsection may be construed to limit the court's ability to
require the parties to develop a parenting plan as provided in
23 Pa.C.S. § 5331 (relating to parenting plan).
§ 7213. Differentiated case management.
(a) Establishment.--Each judicial district shall establish a
differentiated case management system for the handling of family
actions in accordance with this section.
(b) Assignment.--A family action shall be assigned to one of
the following tracks as follows:
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(1) If the family action includes a child custody
dispute, it shall be assigned to the priority track.
(2) A family action shall be assigned to the complex
track if it appears likely that this action will require a
disproportionate expenditure of a court's and a party's
resources in preparation for trial and at trial due to any of
the following:
(i) Number of claims and defenses raised.
(ii) Legal difficulty of the issues presented.
(iii) Factual difficulty of the subject matter.
(iv) Length and complexity of discovery.
(v) A combination of these and other factors.
(3) If the family action appears to be capable of being
tried promptly with minimal pretrial proceedings, it shall be
assigned to the expedited track.
(4) If the family action is not qualified to be placed
on the priority track, the complex track or the expedited
track, it shall be assigned to the standard track.
(c) Expedited track assignment.--Subject to subsection (e),
a family action shall be assigned to the expedited track if any
of the following apply:
(1) There is no dispute as to the income or assets of
the parties and custody of minor children is not an issue.
(2) The parties have been married less than five years
and have no children.
(3) The parties have entered into a property settlement
agreement and custody of minor children is not an issue.
(4) The divorce is uncontested and custody of minor
children is not an issue.
(5) The petition alleges facts supporting a conclusion
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that there is an emergency.
(d) Procedure.--The judge shall make the track assignment as
soon as practicable after each party has filed a family
information statement or after the case management conference
required by section 7214 (relating to case management
conference), whichever is earlier. In making the track
assignment, the judge shall consider a party's request for track
assignment. If all the parties agree on a track assignment, the
case may not be assigned a different track except for good cause
shown after giving all parties the opportunity to be heard
either orally or in writing. If it is not clear from an
examination of the information provided by the parties which
track assignment is appropriate, the family action shall be
assigned to the track which affords the greatest degree of
management. The parties shall be promptly advised of the track
assignment.
(e) Reassignment.--A judge may reassign a family action to a
track other than that specified in the original notice to the
parties either on the judge's own motion or upon a party's
application. Unless the court otherwise directs, a party's
application may be made informally to the judge and shall state
with specificity the reasons for request for reassignment. Upon
reassignment, the parties are not required to refile court
documents. The case management team shall continue to use the
original docket or file number.
§ 7214. Case management conference.
(a) General rule.--After the filing of the family
information statement, in any family action, the judge shall
direct the parties to participate in a case management
conference, which may be conducted in person or by telephone, to
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consider the following matters before the family action is
assigned to a differentiated case management track:
(1) Identification and simplification of the issues.
(2) Necessity or desirability of amending the pleadings.
(3) Possibility of obtaining admissions of fact and
documents that will avoid unnecessary proof or discovery.
(4) Participation in mediation and the separating
parents seminar.
(5) Limitation of expert witnesses.
(6) Appointment of a court-appointed special advocate, a
guardian ad litem or an attorney for a minor child.
(7) Establishment of a discovery schedule and
determination of its scope.
(8) Other matters as the judge deems appropriate.
(b) Order.--
(1) The judge shall issue an order which recites the
action taken at the case management conference, which shall
include:
(i) Amendments allowed to the pleadings.
(ii) Agreements made by the parties as to any of the
matters considered.
(iii) Discovery schedule.
(iv) A court-appointed special advocate, a guardian
ad litem or an attorney for a minor.
(v) Participation in mediation and the separating
parents seminar.
(vi) Dates for any additional case management
conferences.
(vii) Firm trial date.
(viii) Any other matter the judge deems appropriate.
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(2) The order shall control the subsequent course of the
family action up to the time of trial before the judge. If
the parties proceed to trial, the order may be modified by
the judge at the judge's discretion.
§ 7215. Consolidation.
(a) Family law master.--In the absence of a judge's order to
the contrary, if a family action is placed on the expedited
track or the standard track and if custody is not an issue that
the family law master will hear, a family law master may
consolidate as much of the family litigation as practicable and
dispose of it at one proceeding.
(b) Judge.--With the exception of custody, at the case
management conference, a judge may order consolidation of family
litigation.
§ 7216. Bifurcation.
(a) General rule.--Except as under subsection (b), in a
family action where a complaint for divorce is filed, a decree
of divorce may not be granted prior to entry of an order
resolving all pending claims for equitable division of marital
property, alimony, counsel fees, costs and expenses.
(b) Exception.--In a family action in which a complaint for
divorce is filed, if a party can show exceptional circumstances,
a decree of divorce may be granted prior to entry of an order
resolving all pending claims for equitable division of marital
property, alimony, counsel fees, costs and expenses upon the
approval of the:
(1) president judge of the court of common pleas in a
judicial district in which there is no family division; or
(2) administrative judge of the family division of the
court of common pleas in a judicial district in which there
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is a family division.
§ 7217. Continuous trials.
Insofar as is practicable, court calendars shall be designed
to allow family actions to be tried continuously to conclusion.
If a family action is not tried continuously, the record at each
day's proceedings shall document the reason for the
fragmentation.
§ 7218. Tentative decisions.
The judge may, prior to the scheduled date of hearing or oral
argument on a matter involving family litigation, decide the
matter on the basis of the papers filed of record or such briefs
as may be filed by the parties, subsequently posting the
tentative decision and making it available to the parties.
Unless a party objects, with notice to the opposing party, the
request for oral argument or hearing shall be deemed withdrawn,
and the tentative decision shall become final and shall be
provided in an appropriate order. If a party renews the request
for oral argument or hearing, with notice to the opposing party,
the motion shall be argued or heard as scheduled.
§ 7219. Motions day.
(a) Establishment.--Each judicial district shall designate
one or more days each week for the hearing and disposing of
motions.
(b) Procedure.--Motions not disposed of in accordance with
section 7218 (relating to tentative decisions) shall be
scheduled for oral argument or hearing, which shall be staggered
throughout the day. The court may conduct an argument or hearing
by telephone.
§ 7220. Case management teams.
(a) Establishment.--Each judicial district shall establish
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one or more case management teams within the domestic relations
section of the court of common pleas, to be headed by a case
management team leader, to effectively manage and process family
litigation from filing to final disposition. The team shall be
supervised by a judge. Insofar as practicable, each time a party
seeks modification of an order involving family litigation, the
family action shall be assigned to the same case management
team.
(b) Duties.--The case management team shall be responsible
for the timely management and processing of family actions and
shall, subject to supervision and orders of the judge, do all of
the following:
(1) Coordinate the timely filing of reports,
recommendations, evaluations and other writings necessary to
the disposition of family litigation.
(2) Participate, as necessary, in case management
conferences.
(3) Assign family actions to differentiated case
management tracks.
(4) Notify parents of the separating parents seminar.
(5) Assign that portion of family litigation involving
custody to mediation.
(6) Share, as appropriate, information with other
government agencies.
(7) Cooperate with other employees of the domestic
relations section or the Department of Human Services, as
needed, under 23 Pa.C.S. Ch. 43 (relating to support matters
generally).
(8) Perform other duties as the judge may direct in
order to effectuate the timely, fair and cost-efficient
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disposition of family actions.
§ 7221. Family law masters.
(a) Appointment.--Subject to section 7222(h) (relating to
mediation), a judge may appoint a family law master to hear any
aspect of family litigation except custody.
(b) Qualifications.--A family law master must be an attorney
at law and must comply with judicial education requirements
under section 7230 (relating to judicial education seminar).
(c) Requirements.--The family law master shall comply with
orders issued by the judge, including the differentiated case
management systems track assignment, and shall cooperate with
the case management team with regard to the timely filing of
reports, recommendations and other writings.
(d) Powers and duties.--The family law master has all of the
following powers and duties:
(1) Take testimony and establish a record.
(2) Make findings of fact, conclusions of law and
recommendations to the judge for the establishment and
enforcement of an order.
(3) Other powers and duties under the judge's order.
(e) Prohibition.--Notwithstanding any statutory provision of
law to the contrary, a person who is not a judge or family law
master may not hear or decide matters that establish or modify
the amount of child or spousal support.
§ 7222. Mediation.
(a) Program established.--Each judicial district shall
establish a program of mandatory mediation that meets all of the
following requirements:
(1) Facilitates and encourages the parties to resolve
custody disputes with the help of a neutral third party.
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(2) Contains a mediation orientation program for the
parties.
(3) Is closed to the public and is confidential.
(b) Requirement.--Except as provided in subsection (c), the
parties shall be referred to mediation for the resolution of a
custody dispute in accordance with the child's best interests.
Upon referral, the parties shall be required to attend a
mediation-orientation program.
(c) Exception.--A party may be excused from mediation or the
mediation orientation program for good cause shown, which shall
include:
(1) A history of child abuse or neglect, child sexual
abuse or exploitation or domestic violence by a party.
(2) Evidence that parties are currently participating in
private mediation.
(d) Standards.--The Supreme Court shall, by general rule,
provide standards for the hiring and training of mediators,
which shall include:
(1) Minimum qualifications, which may not be restricted
to a particular professional or educational training.
(2) Minimum requirements for training in the procedural
aspects of mediation and the interpersonal skills necessary
to act as an effective mediator.
(3) A minimum period of apprenticeship for individuals
who have not previously acted as mediators.
(4) Procedures to ensure that potential mediators
understand the high standard of ethics and confidentiality
related to the potential mediator's participation in the
program.
(e) Mandatory education.--
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(1) Except as provided in paragraph (2), a mediator must
successfully complete a program of education appropriate for
mediators in custody disputes approved by the Academy of
Professional Family Mediators within six months of the later
of:
(i) the date of appointment; or
(ii) the effective date of this section.
(2) Paragraph (1) does not apply to a mediator who has
already attended and successfully completed a similar program
prior to the appropriate date.
(3) Failure to fulfill this educational requirement
shall cause the mediator to forfeit the position.
(f) Cooperation with case management team.--A mediator shall
cooperate with the case management team with regard to the
timely filing of reports, recommendations and other writings and
shall comply with orders issued by a judge.
(g) Fees.--Each judicial district shall establish a sliding
schedule of fees for participation in the mediation program,
based on a party's ability to pay. Unless the judge issues an
order to the contrary, the fee for mediation shall be borne
equally by the parties.
(h) Excuse.--If a party is excused from mediation under
subsection (c), a family law master shall hear that part of a
family action involving custody.
(i) Custody evaluation.--A mediator or family law master may
refer the parties to custody evaluation. A mediator may not act
as a custody evaluator for the parties who appear before the
mediator without the express written consent of the parties and
approval by the judge.
§ 7223. Appeals.
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(a) Right of appeal.--A party may appeal a recommendation,
ruling or decision made by a family law master to a judge. All
issues in a family action not resolved to a party's satisfaction
by a family law master shall be heard by a judge at one
proceeding in accordance with section 7217 (relating to
continuous trials).
(b) Postmediation procedure.--If the parties do not resolve
a custody dispute during mediation, that part of the family
action involving custody shall be consolidated with any appeals
brought under subsection (a).
§ 7224. Separating parents seminar.
Each judicial district shall establish a seminar for
separating parents. The seminar shall include the following
topics and others as the Administrative Office of Pennsylvania
Courts may designate:
(1) procedural aspects of family litigation;
(2) availability of court services to aid self-
litigants and represented parties;
(3) availability of community and government services to
treat drug or alcohol abuse and to help victims of domestic
violence, child sexual abuse and exploitation and child abuse
and neglect;
(4) basic child psychology and strategies to minimize
the adverse effects of separation or divorce on children; and
(5) the potential benefits of mediation.
§ 7225. Seminar for children of separating parents.
(a) Option.--A judicial district may establish a program for
children eight years of age and older whose parents are
separating.
(b) Establishment.--If a judicial district establishes the
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program under subsection (a), the judicial district shall do so
in cooperation with and at the direction of the Administrative
Office of Pennsylvania Courts. In designing a seminar, the
Administrative Office of Pennsylvania Courts shall consult with
experts in the fields of child psychology, child abuse and
neglect, family pathology and similar fields to ensure that the
content of the seminar is suited to children and will not serve
to further traumatize children of separating parents.
§ 7226. Family Justice Account.
(a) Establishment.--There is established within the General
Fund a restricted account to be known as the Family Justice
Account.
(b) Purpose.--The purpose of the account is to fund the cost
of court-ordered mediation, court-ordered custody evaluation,
proceedings before family law masters and other costs or fees
associated with family litigation when a party is unable to pay
such costs or fees by reason of poverty or financial hardship.
(c) Procedure.--
(1) Each judicial district may, through the
Administrative Office of Pennsylvania Courts, make
application for payment by the account. Money received from
the account shall only be used to reimburse expenses
enumerated in subsection (b).
(2) A party may seek relief from costs and fees
enumerated in subsection (b) upon application to the judge by
submitting a sworn or affirmed statement regarding poverty or
financial hardship. The statement should be filed along with
the family information statement, but it may be filed at any
time prior to final disposition of the family action.
§ 7227. Family resource center.
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(a) Establishment.--Each judicial district shall establish a
family resource center to be located in the courthouse or
another centralized location where family litigation is heard
and decided.
(b) Purpose.--The purpose of the family resource center is
to provide parties and other interested persons a central
location where they may do all of the following:
(1) Gain access to easily understandable information
regarding the substantive and procedural aspects of family
litigation.
(2) Gain access to easily understandable information
regarding protection from abuse orders, shelters and other
government and community services designed to help victims of
domestic violence and child abuse and neglect.
(3) Direct inquiries regarding the family law
adjudication system.
(4) Find a suitable place to leave children during court
proceedings, mediation or other court-ordered activities.
(5) Find a suitable place to meet with volunteer
lawyers.
(c) Services.--A family resource center shall provide all of
the following:
(1) An appropriate, supervised place for children to
wait while a party is taking part in court proceedings,
mediation or other court-ordered activity.
(2) Easily understandable information and other
materials and legal books regarding the substantive law of
family litigation, including applicable forms.
(3) The family law manual under section 7228 (relating
to family law manual).
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(4) At least one employee who shall be responsible for
answering, during the entire court day, general questions
from parties and other interested persons regarding the
family law adjudication system, the procedural aspects of
family litigation and the substantive law of family
litigation. The employee shall also make referrals to
appropriate government and community resources. The
information provided by the employee may not be construed as
legal advice. The employee shall be absolutely immune from
suit when performing duties under this paragraph.
§ 7228. Family law manual.
(a) Development.--Each judicial district, in cooperation
with the Administrative Office of Pennsylvania Courts, shall
develop a family law manual that does all of the following:
(1) Explains in basic terms Pennsylvania substantive law
regarding family litigation.
(2) Explains in basic terms the procedural aspects of
family litigation.
(3) Explains in basic terms the substantive and
procedural law regarding protection from abuse.
(4) Provides a basic guide to family litigation motion
practice.
(5) Provides telephone numbers and addresses within that
judicial district for government and community services
designed to:
(i) provide treatment and prevention services for
drug or alcohol abuse;
(ii) protect children from sexual abuse and
exploitation, child abuse and neglect;
(iii) assist victims of domestic violence;
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(iv) provide free or low-cost legal assistance; and
(v) provide free or low-cost psychological services.
(b) Availability.--
(1) A party must receive the manual at no cost after
initiating or responding to a family action and no later than
the date of attending the separating parents seminar.
(2) The manual shall be available without cost to any
person upon request. The manual shall be available over the
Internet or through other electronic means readily accessible
to the general public.
§ 7229. Volunteer lawyers.
It is the intent of the General Assembly to encourage
attorneys at law to volunteer their time to help self-
represented litigants by providing a suitable place within the
family resource center for volunteer lawyers to meet with
parties who cannot afford lawyers. The Administrative Office of
Pennsylvania Courts shall work with the Pennsylvania Bar
Association and county bar associations to develop policies and
procedures to encourage attorneys to join the volunteer lawyers
program.
§ 7230. Judicial education seminar.
(a) General rule.--
(1) Except as provided in paragraph (2), each judge and
family law master who hears family litigation must
successfully complete courses of instruction at the National
Council of Juvenile and Family Court Judges within six months
of the later of:
(i) the date of first assignment to family
litigation; or
(ii) the effective date of this section.
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(2) Paragraph (1) does not apply to a judge or family
law master who has already successfully completed a program
in compliance with this subsection prior to the appropriate
date.
(3) Every two years, the judge or family law master must
successfully complete courses at the National Council of
Juvenile and Family Court Judges.
(b) Continuing education in family law.--Every two years,
each judge and family law master must successfully complete the
program established in section 7231 (relating to continuing
judicial education).
(c) Penalty.--Failure to comply with this section shall
result in the judge or family law master being subject to
disciplinary action under section 18 of Article V of the
Constitution of Pennsylvania.
(d) Monitoring.--The Administrative Office of Pennsylvania
Courts shall monitor compliance with this section by judges and
family law masters and shall notify the Judicial Conduct Board
of noncompliance by any judge or family law master.
§ 7231. Continuing judicial education.
(a) Establishment.--There is established a continuing
judicial education program. The program shall be designed and
administered by the Administrative Office of Pennsylvania
Courts.
(b) Functions.--The Administrative Office of Pennsylvania
Courts has the following powers and duties:
(1) Design and administer a course of study and training
for judges and family law masters who hear family litigation
to be at least 20 hours in length on the following topics:
(i) The substantive law of family litigation.
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(ii) The procedural aspects of family litigation.
(iii) Child development and child psychology.
(iv) Child sexual abuse and exploitation, child
abuse and neglect, domestic violence and other family
pathologies and Pennsylvania law relating to these
topics.
(v) Mental and behavioral health and alcohol and
drug abuse.
(vi) Alternate dispute resolution.
(vii) Financial aspects of family litigation,
including the law of taxation, trusts and estates,
employee benefits, workers' compensation and business
valuation.
(2) Establish minimum qualifications for instructors.
(3) Consult, cooperate and contract with universities,
colleges, law schools and mental health and health care
professionals regarding the development of courses in the
program and the teaching of those courses.
Section 9. This act shall apply to all family actions filed
on or after the effective date of this section.
Section 10. The Secretary of the Commonwealth shall transmit
to the Legislative Reference Bureau, for publication in the
Pennsylvania Bulletin, notice of adoption of an amendment to the
Constitution of Pennsylvania that deals with all of the
following:
(1) The procedure in each judicial district for family
litigation.
(2) The establishment in each judicial district of a
family resource center.
(3) The Judicial Conduct Board having jurisdiction over
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family law masters with respect to ethics.
(4) The establishment of judicial education
requirements.
Section 11. This act shall take effect as follows:
(1) Section 10 and this section shall take effect
immediately.
(2) The addition of 42 Pa.C.S. §§ 7201, 7202, 7203,
7204, 7205, 7207, 7208 and 7226 shall take effect upon
publication in the Pennsylvania Bulletin of the notice under
section 10.
(3) The remainder of this act shall take effect 180 days
after publication of the notice under section 10.
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