231 Pa. Code r. 1915.3-2

Current through Register Vol. 54, No. 50, December 14, 2024

Rule 1915.3-2 - Criminal Record or Abuse History

(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 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. § 2701 (relating to simple assault)	[]	[]	___________	___________
[]	18 Pa.C.S. § 2702 (relating to aggravated assault)	[]	[]	___________	___________
[]	18 Pa.C.S. § 2705 (relating to recklessly endangering another person)	[]	[]	___________	___________
[]	18 Pa.C.S. § 2706 (relating to terroristic threats)	[]	[]	___________	___________
[]	18 Pa.C.S. § 2709.1 (relating to stalking)	[]	[]	___________	___________
[]	18 Pa.C.S. § 2718 (relating to strangulation)	[]	[]	___________	___________
[]	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. § 2904 (relating to interference with custody of children)	[]	[]	___________	___________
[]	18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure)	[]	[]	___________	___________
[]	18 Pa.C.S. Ch. 30 (relating to human trafficking)	[]	[]	___________	___________
n	18 Pa.C.S. § 3121 (relating to rape)	[]	[]	___________	___________
n	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. § 5533 (relating to cruelty to animal)	[]	[]	___________	___________
[]	18 Pa.C.S. § 5534 (relating to aggravated cruelty to animal)	[]	[]	___________	___________
[]	18 Pa.C.S. § 5543 (relating to animal fighting)	[]	[]	___________	___________
[]	18 Pa.C.S. § 5544 (relating to possession of animal fighting paraphernalia)	[]	[]	___________	___________
[]	18 Pa.C.S. § 5902(b) or (b)(1) (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:

Check all that apply		Self	Other household member	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

231 Pa. Code r. 1915.3-2

The provisions of this Rule 1915.3 -2 adopted August 1, 2013, effective 9/3/2013, 43 Pa.B. 4702; amended May 14, 2014, effective in 30 days on June 13, 2014, 44 Pa.B. 3233; amended July 20, 2015, effective 9/1/2015, 45 Pa.B. 4158.

Amended by Pennsylvania Bulletin, Vol 54, No. 34. August 24, 2024, effective 8/13/2024