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If the report or any information from the evaluator is provided to the court, the evaluator shall be subject to cross-examination by all counsel and any unrepresented party without regard to who obtains or pays for the evaluation.
(c) The guardian ad litem shall file of record and provide copies of any reports prepared by the guardian ad litem to each party and the court not later than 20 days prior to trial. The revisions to this rule also specifically permit the trial court to draw an adverse inference from one partys failure to comply with an order pursuant to this rule. Immediately preceding text appears at serial pages (340200) to (340201). Counsel for the child shall not perform the role of a guardian ad litem or best interests attorney. The attorneys shall have the right to interview the child under the supervision of the court. (c) Unless otherwise directed by the court, the child who is the subject of the action shall not be required to attend a hearing before the court or a conference. While some cases demanded that the evaluation be completed in less than 60 days, others demanded far more time than that. Counsel for the child shall represent the childs legal interests and zealously represent the child as any other client in an attorney-client relationship. The interview shall be conducted in the presence of the attorneys and, if permitted by the court, the parties. In many instances, the previous sixty-day deadline was impractical and ignored. The provisions of this Rule 1915.10 amended October 19, 1983, effective January 1, 1984, 13 Pa. 3629; amended November 7, 1988, effective January 1, 1989, 18 Pa. 5323; amended August 1, 2013, effective September 3, 2013, 43 Pa. (a) The court may on its own motion, or the motion of a party, appoint an attorney to represent the child in the action. (b) The court may interview a child, whether or not the child is the subject of the action, in open court or in chambers. The proposed revisions to Rule 1915.8 are intended to afford the trial court and the parties a more flexible and case-sensitive means of determining the scope and parameters of a physical and/or mental examination, including deadlines, costs, underlying data, and access. Immediately preceding text appears at serial page (366933). This rule addresses the process for any number of expert evaluations a court may order in a custody case, including, but not limited to, physical, mental health, custody and/or drug and alcohol evaluations, and/or home studies.
(d) A petition for contempt alleging failure to comply with an order entered pursuant to subdivision (a) of this rule shall be treated in an expedited manner.
The provisions of this Rule 1915.11 amended April 29, 1991, effective July 1, 1991, 21 Pa. 2337; amended August 1, 2013, effective September 3, 2013, 43 Pa. 4702; amended May 18, 2016, effective July 1, 2016, 46 Pa. Only judges may make decisions in child custody cases.
The form of order to appear provided by Rule 1915.15(b) has been revised to implement this policy. Immediately preceding text appears at serial pages (368279) to (368280).
(b) The court may order either or both parties to pay all or part of the costs of appointing a guardian ad litem.
Prior to appointing a guardian ad litem, the court shall make a finding that the appointment is necessary to assist the court in determining the best interests of the child.
Phone interviews were conducted with 1,525 Latino teens, ranging in age from 12 to 18, most of whom (76.1 percent) were born in the United States.