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

Universal Citation: 231 PA Code ยง 1915.3-2

Current through Register Vol. 54, No. 44, November 2, 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 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)

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[]

___________

___________

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18 Pa.C.S. § 2702 (relating to aggravated assault)

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[]

___________

___________

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18 Pa.C.S. § 2705 (relating to recklessly endangering another person)

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[]

___________

___________

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18 Pa.C.S. § 2706 (relating to terroristic threats)

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[]

___________

___________

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18 Pa.C.S. § 2709.1 (relating to stalking)

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[]

___________

___________

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18 Pa.C.S. § 2718 (relating to strangulation)

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[]

___________

___________

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18 Pa.C.S. § 2901 (relating to kidnapping)

[]

[]

___________

___________

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18 Pa.C.S. § 2902 (relating to unlawful restraint)

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[]

___________

___________

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18 Pa.C.S. § 2903 (relating to false imprisonment)

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[]

___________

___________

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18 Pa.C.S. § 2904 (relating to interference with custody of children)

[]

[]

___________

___________

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18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure)

[]

[]

___________

___________

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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)

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[]

___________

___________

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18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse)

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[]

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___________

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18 Pa.C.S. § 3124.1 (relating to sexual assault)

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[]

___________

___________

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18 Pa.C.S. § 3125 (relating to aggravated indecent assault)

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[]

___________

___________

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18 Pa.C.S. § 3126 (relating to indecent assault)

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[]

___________

___________

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18 Pa.C.S. § 3127 (relating to indecent exposure)

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[]

___________

___________

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18 Pa.C.S. § 3129 (relating to sexual intercourse with animal)

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[]

___________

___________

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18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders)

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[]

___________

___________

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18 Pa.C.S. § 3301 (relating to arson and related offenses)

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[]

___________

___________

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18 Pa.C.S. § 4302 (relating to incest)

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[]

___________

___________

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18 Pa.C.S. § 4303 (relating to concealing death of child)

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[]

___________

___________

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18 Pa.C.S. § 4304 (relating to endangering welfare of children)

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[]

___________

___________

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18 Pa.C.S. § 4305 (relating to dealing in infant children)

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[]

___________

___________

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18 Pa.C.S. § 5533 (relating to cruelty to animal)

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[]

___________

___________

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18 Pa.C.S. § 5534 (relating to aggravated cruelty to animal)

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[]

___________

___________

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18 Pa.C.S. § 5543 (relating to animal fighting)

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[]

___________

___________

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18 Pa.C.S. § 5544 (relating to possession of animal fighting paraphernalia)

[]

[]

___________

___________

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18 Pa.C.S. § 5902(b) or (b)(1) (relating to prostitution and related offenses)

[]

[]

___________

___________

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18 Pa.C.S. § 5903(c) or (d) (relating to obscene and other sexual materials and performances)

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[]

___________

___________

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18 Pa.C.S. § 6301 (relating to corruption of minors)

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[]

___________

___________

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18 Pa.C.S. § 6312 (relating to sexual abuse of children)

[]

[]

___________

___________

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18 Pa.C.S. § 6318 (relating to unlawful contact with minor)

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[]

___________

___________

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18 Pa.C.S. § 6320 (relating to sexual exploitation of children)

[]

[]

___________

___________

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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

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