Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.3-2 - Criminal Record or Abuse History

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Criminal Record or Abuse History Verification.
A party must
				file and serve with the complaint, any petition for modification, any
				counterclaim, any petition for contempt or any count for custody in a divorce
				complaint or counterclaim a verification regarding any criminal record or abuse
				history of that party and anyone living in that party's household. The
				verification shall be substantially in the form set forth in subdivision (c)
				below. The party must attach a blank verification form to a complaint,
				counterclaim or petition served upon the other party. Although the party served
				need not file a responsive pleading pursuant to Rule
				1915.5, he or she must file with
				the court a verification regarding his or her own criminal record or abuse
				history and that of anyone living in his or her household on or before the
				initial in-person contact with the court (including, but not limited to, a
				conference with a conference officer or judge or conciliation, depending upon
				the procedure in the judicial district) but not later than 30 days after
				service of the complaint or petition . A party's failure to file a Criminal
				Record or Abuse History Verification may result in sanctions against that
				party. Both parties shall file and serve updated verifications five days prior
				to trial.
(b)
Initial
				Evaluation
. At the initial in-person contact with the court, the
				judge, conference officer, conciliator or other appointed individual shall
				perform an initial evaluation to determine whether the existence of a criminal
				or abuse history of either party or a party's household member poses a threat
				to the child and whether counseling is necessary. The initial evaluation
				required by
				23 Pa.C.S. §
										5329(c) shall not be
				conducted by a mental health professional. After the initial evaluation, the
				court may order further evaluation or counseling by a mental health
				professional if the court determines it is necessary. Consistent with the best
				interests of the child, the court may enter a temporary custody order on behalf
				of a party with a criminal history or a party with a household member who has a
				criminal history, pending the party's or household member's evaluation and/or
				counseling.
(c)
Verification.
The verification regarding criminal or abuse
				history shall be substantially in the following form:
(Caption)
CRIMINAL RECORD / ABUSE HISTORY VERIFICATION
I___________ , hereby swear or affirm, subject to penalties
				  of law including
				  18 Pa.C.S. §
											4904
				  relating to unsworn falsification to authorities that:
1.  Unless indicated by my checking the box
				next to a crime below, neither I nor any other member of my household have been
				convicted or pled guilty or pled no contest or was adjudicated delinquent where
				the record is publicly available pursuant to the Juvenile Act,
				42 Pa.C.S. §
											6307 to
				any of the following crimes in Pennsylvania or a substantially equivalent crime
				in any other jurisdiction, including pending charges:
Check all that apply
Crime
Self
Other household
						  member
Date of conviction, guilty plea, no contest
						  plea or pending charges
Sentence
[]
18 Pa.C.S. Ch. 25 (relating to criminal
						  homicide)
[]
[]
________
________
[]
18 Pa.C.S. §
															2702 (relating to aggravated assault)
[]
[]
________
________
[]
18 Pa.C.S. §
															2706 (relating to terroristic threats)
[]
[]
________
________
[]
18 Pa.C.S. §
															2709.1 (relating to stalking)
[]
[]
________
________
[]
18 Pa.C.S. §
															2901 (relating to kidnapping)
[]
[]
________
________
[]
18 Pa.C.S. §
															2902 (relating to unlawful restraint)
[]
[]
________
________
[]
18 Pa.C.S. §
															2903 (relating to false imprisonment)
[]
[]
________
________
[]
18 Pa.C.S. §
															2910 (relating to luring a child into a motor
						  vehicle or structure)
[]
[]
________
________
[]
18 Pa.C.S. §
															3121 (relating to rape)
[]
[]
________
________
[]
18 Pa.C.S. §
															3122.1 (relating to statutory sexual assault)
[]
[]
________
________
[]
18 Pa.C.S. §
															3123 (relating to involuntary deviate sexual
						  intercourse)
[]
[]
________
________
[]
18 Pa.C.S. §
															3124.1 (relating to sexual assault)
[]
[]
________
________
[]
18 Pa.C.S. §
															3125 (relating to aggravated indecent
						  assault)
[]
[]
________
________
[]
18 Pa.C.S. §
															3126 (relating to indecent assault)
[]
[]
________
________
[]
18 Pa.C.S. §
															3127 (relating to indecent exposure)
[]
[]
________
________
[]
18 Pa.C.S. §
															3129 (relating to sexual intercourse with
						  animal)
[]
[]
________
________
[]
18 Pa.C.S. §
															3130 (relating to conduct relating to sex
						  offenders)
[]
[]
________
________
[]
18 Pa.C.S. §
															3301 (relating to arson and related offenses)
[]
[]
________
________
[]
18 Pa.C.S. §
															4302 (relating to incest)
[]
[]
________
________
[]
18 Pa.C.S. §
															4303 (relating to concealing death of child)
[]
[]
________
________
[]
18 Pa.C.S. §
															4304 (relating to endangering welfare of
						  children)
[]
[]
________
________
[]
18 Pa.C.S. §
															4305 (relating to dealing in infant children)
[]
[]
________
________
[]
18 Pa.C.S. §
															5902(b) (relating to
						  prostitution and related offenses)
[]
[]
________
________
[]
18 Pa.C.S. §
															5903(c) or (d) (relating to
						  obscene and other sexual materials and performances)
[]
[]
________
________
[]
18 Pa.C.S. §
															6301 (relating to corruption of minors)
[]
[]
________
________
[]
18 Pa.C.S. §
															6312 (relating to sexual abuse of children)
[]
[]
________
________
[]
18 Pa.C.S. §
															6318 (relating to unlawful contact with
						  minor)
[]
[]
________
________
[]
18 Pa.C.S. §
															6320 (relating to sexual exploitation of
						  children)
[]
[]
________
________
[]
23 Pa.C.S. §
															6114 (relating to contempt for violation of
						  protection order or agreement)
[]
[]
________
________
[]
Driving under the influence of drugs or
						  alcohol
[]
[]
________
________
[]
Manufacture, sale, delivery, holding,
						  offering for sale or possession of any controlled substance or other drug or
						  device
[]
[]
________
________
2.
				Unless indicated by my checking the box next to an item below, neither I nor
				any other member of my household have a history of violent or abusive conduct,
				or involvement with a Children & Youth agency, including the following:
Checkall
						  thatapply
Self
Other
						  householdmember
Date
[]
A finding of abuse by a Children & Youth
						  Agency or similar agency in Pennsylvania or similar statute in another
						  jurisdiction
[]
[]
________
[]
Abusive conduct as defined under the
						  Protection from Abuse Act in Pennsylvania or similar statute in another
						  jurisdiction
[]
[]
________
[]
Involvement with a Children & Youth
						  Agency or similar agency in Pennsylvania or another jurisdiction.Where?:
[]
[]
________
[]
Other:
[]
[]
________
3.
				Please list any evaluation, counseling or other treatment received following
				conviction or finding of abuse: _______________________________
_______________________________
_______________________________
4. If any conviction above applies to a
				household member, not a party, state that person's name, date of birth and
				relationship to the child. _______________________________
_______________________________
_______________________________
5. If you are aware that the other party or
				members of the other party's household has or have a criminal record/abuse
				history, please explain: _______________________________
_______________________________
_______________________________
I verify that the information above is true and correct to
				  the best of my knowledge, information or belief. I understand that false
				  statements herein are made subject to the penalties of
				  18 Pa.C.S. §
												4904
				  relating to unsworn falsification to authorities.
_______________________________
Signature
_______________________________
Printed Name