In Re: Order Amending Rules 182 and 1182 of the Rules of Juvenile Court Procedure ( 2015 )


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  •             RULES OF JUVENILE COURT PROCEDURE
    DELINQUENCY MATTERS
    Table of Rules
    CHAPTER 1
    ***
    PART D
    MASTERS
    182.   Qualifications of Master
    185.   Appointment to Cases
    187.   Authority of Master
    190.   Admissions Before Master
    191.   Master's Findings and Recommendation to the Judge
    192.   Challenge to Master’s Recommendation
    ***
    RULE 182.    QUALIFICATIONS OF MASTER
    A. Education, Experience, and Training. To [be eligible to be appointed as a
    master to] preside as a master over cases governed by the Juvenile Act, 42
    Pa.C.S. § 6301 et seq., an individual shall:
    1) be a member, in good standing, of the bar of this Commonwealth;
    2) have been licensed to practice law for at least five consecutive years; and
    3) have completed six hours of instruction, approved by the Pennsylvania
    Continuing Legal Education Board prior to hearing cases, which specifically
    addresses all of the following topics:
    a) the Juvenile Act;
    b) the Pennsylvania Rules of Juvenile Court Procedure;
    c) the penal laws of Pennsylvania;
    d) the Child Protective Services Law;
    e) evidence rules and methodology;
    f) child and adolescent development; and
    g) the collateral consequences of an adjudication of delinquency.
    B. Continuing Education. Upon meeting the requirements of paragraph
    (A)(3), [A]a master shall thereafter complete six hours of instruction from a
    course(s) designed by the Juvenile Court Judges’ Commission, in juvenile
    delinquency law, policy, or related social science research every two years
    [from the initial appointment as master].
    C. Compliance.
    1) A master shall sign an affidavit attesting that he or she has met the
    requirements of this rule.
    2) Prior to [appointment]presiding as a master, the attorney shall
    send the affidavit [shall be sent] to the President Judge or his or her
    designee of each judicial district where the attorney is seeking
    [appointment]to preside as a master.
    2
    3) After submission of the initial affidavit pursuant to paragraph (C)(2), masters
    shall submit a new affidavit every two years attesting that the continuing
    education requirements of paragraph (B) have been met.
    COMMENT
    Pursuant to paragraphs (A)(1) & (2), masters are to be in good standing and have at least five
    consecutive years of experience as an attorney. It is best practice to have at least two years of
    experience in juvenile law.
    Pursuant to paragraph (A)(3), the initial training program(s) is to be approved by the Pennsylvania
    Continuing Legal Education Board (Board). The program may be one course or multiple courses with at
    least six hours of instruction, equivalent to at least six CLE credits. When the Board is approving
    courses designed to address the requirements of this rule, it should consult with the Juvenile Court
    Judges’ Commission to ensure proper course requirements are being met. Additionally, for this initial
    training course(s), training already provided by the Juvenile Court Judges’ Commission or the Office of
    Children and Families in the Courts may meet the requirements of this Rule.
    For continuing education under paragraph (B), masters are to attend six hours of instruction from
    a course or multiple courses designed by the Juvenile Court Judges’ Commission. This is to ensure
    uniform training among masters.
    These requirements are additional requirements to the Pa.R.C.L.E. because they mandate
    specific training in juvenile delinquency law. However, the credit hours received do count towards the
    total maximum required under Pa.R.C.L.E. 105.
    Pursuant to paragraph (C), a master is to certify to the court that the requirements of this rule
    have been met prior to [the appointment]presiding as a master, and submit new affidavits every two
    years thereafter.
    Official Note: Rule 182 adopted September 11, 2014, amended July 13, 2015, effective
    [October 1, 2016] August 1, 2017.
    Committee Explanatory Reports:
    Final Report explaining the provisions of Rule 182 published with the Court’s Order at 44 Pa.B. 6087
    (September 27, 2014). Final Report explaining the amendments to Rule 182 published with the
    Court’s Order at - Pa.B. - (-).
    3
    DEPENDENCY MATTERS
    CHAPTER 11
    ***
    PART D
    MASTERS
    1182.   Qualifications of Master
    1185.   Appointment to Cases
    1187.   Authority of Master
    1190.   Stipulations Before Master
    1191.   Master’s Findings and Recommendation to the Judge
    4
    RULE 1182.    QUALIFICATIONS OF MASTER
    A. Education, Experience, and Training. To [be eligible to be appointed as a
    master to] preside as a master over cases governed by the Juvenile Act, 42
    Pa.C.S. § 6301 et seq., an individual shall:
    1) be a member, in good standing, of the bar of this Commonwealth;
    2) have been licensed to practice law for at least five consecutive years; and
    3) have completed six hours of instruction, approved by the Pennsylvania
    Continuing Legal Education Board prior to hearing cases, which specifically
    addresses all of the following topics:
    a the Juvenile Act;
    b) the Pennsylvania Rules of Juvenile Court Procedure;
    c) the Child Protective Services Law;
    d) evidence rules and methodology; and
    e) child and adolescent development.
    B. Continuing Education. Upon meeting the requirements of paragraph
    (A)(3), [A]a master shall thereafter complete six hours of instruction from a
    course(s) designed by the Office of Children and Families in the Courts, in
    juvenile dependency law, policy, or related social science research every two
    years [from the initial appointment as master].
    C. Compliance.
    1) A master shall sign an affidavit attesting that he or she has met the
    requirements of this rule.
    2) Prior to [appointment]presiding as a master, the attorney shall
    send the affidavit [shall be sent] to the President Judge or his or her
    designee of each judicial district where the attorney is seeking
    [appointment]to preside as a master.
    3) After submission of the initial affidavit pursuant to paragraph (C)(2), masters
    shall submit a new affidavit every two years attesting that the continuing
    education requirements of paragraph (B) have been met.
    5
    Comment
    Pursuant to paragraphs (A)(1) & (2), masters are to be in good standing and have at least five
    consecutive years of experience as an attorney. It is best practice to have at least two years of
    experience in juvenile law.
    Pursuant to paragraph (A)(3), the initial training program(s) is to be approved by the Pennsylvania
    Continuing Legal Education Board (Board). The program may be one course or multiple courses with at
    least six hours of instruction, equivalent to at least six CLE credits. When the Board is approving courses
    designed to address the requirements of this rule, it should consult with the Office of Children and
    Families in the Courts to ensure proper course requirements are being met. Additionally, for this initial
    training course(s), training already provided by the Office of Children and Families in the Courts or the
    Juvenile Court Judges’ Commission may meet the requirements of this Rule.
    For continuing education under paragraph (B), masters are to attend six hours of instruction from
    a course or multiple courses designed by the Office of Children and Families in the Courts. This is to
    ensure uniform training among masters.
    These requirements are additional requirements to the Pa.R.C.L.E. because they mandate
    specific training in juvenile dependency law. However, the credit hours received do count towards the
    total maximum required under Pa.R.C.L.E. 105.
    Pursuant to paragraph (C), a master is to certify to the court that the requirements of this rule
    have been met prior to [the appointment]presiding as a master, and submit new affidavits every two
    years thereafter.
    Official Note: Rule 1182 adopted September 11, 2014, amended July 13, 2015, effective
    [October 1, 2016] August 1, 2017.
    Committee Explanatory Reports:
    Final Report explaining the provisions of Rule 1182 published with the Court’s Order at 44 Pa.B. 6087
    (September 27, 2014). Final Report explaining the amendments to Rule 1182 published with the
    Court’s Order at - Pa.B. - (-).
    6
    

Document Info

Docket Number: 668 Supreme Court Rules Docket

Judges: per curiam

Filed Date: 7/13/2015

Precedential Status: Precedential

Modified Date: 7/14/2015