Standardized Custody Procedures: Integrating Criminal Records, Abuse History, and Protective-Services Reports

Introduction

In In Re: Order Amending Rules 1915.3-2, 1915.4-4, 1915.10, 1915.15, and 1915.25, and Adopting Rules 1915.3-3 and 1915.3-4 of the Pennsylvania Rules of Civil Procedure (dated April 25, 2025), the Supreme Court of Pennsylvania reformed domestic relations procedure to mandate a uniform, statewide process by which custody courts obtain and consider criminal records, abuse history, and involvement with county child‐protective services agencies. The amendment implements statutory directives in 23 Pa.C.S. §§ 5321–5340 and related statutes (23 Pa.C.S. §§ 6301–6375; 42 Pa.C.S. §§ 6301–6375) and fills gaps in existing practice by: (1) updating the Criminal Record/Abuse History Verification (Pa.R.Civ.P. 1915.3-2); (2) prescribing a new form and rule (Pa.R.Civ.P. 1915.3-3 and 1915.3-4) to request and return CPS information; and (3) adjusting ancillary rules on pretrial procedures, written orders, modification pleadings, and suspension of inconsistent statutes.

Summary of the Judgment

The Court approved comprehensive revisions to five existing custody rules and adopted two new rules. The key changes require:

Parties to file a confidential Criminal Record/Abuse History Verification form before the initial in-court appearance, updated upon any change in household membership or pending charges.
Courts to request child-protective reports from county agencies using a uniform form (Pa.R.Civ.P. 1915.3-4) and to return completed reports within five days (or as ordered).
Filing and dissemination of CPS reports as confidential court records, subject to the Pennsylvania Rules of Evidence, with the ability to subpoena agency witnesses for live testimony.
Pretrial conferences to address admissibility and evidentiary issues surrounding criminal/abuse and CPS materials.
Written custody orders to include ongoing obligations to update verifications post-entry, and suspension of any inconsistent statutory confidentiality provisions (23 Pa.C.S. § 6339).

Analysis

Precedents Cited

Although this is a rulemaking order rather than a case‐by‐case opinion, it builds on decades of statutory and procedural history:

23 Pa.C.S. § 5329 (2011): initial evaluation requirement for parties or household members who committed enumerated offenses.
Pa.R.Civ.P. 1915.3-2 (2013; amended 2014): introduced criminal/abuse verification and initial evaluation procedures.
Acts of 2020 & 2021 (P.L. 246, No. 32; P.L. 197, No. 38): expanded enumerated offenses to include strangulation, human trafficking, and prostitution-related crimes.
23 Pa.C.S. § 5329.1 (2014): CPS agency cooperation and information‐sharing mandates.
23 Pa.C.S. §§ 6340(a)(5.1), 42 Pa.C.S. § 6307(a)(4.1) & (6.5): confidential agency record release to courts.
Kayden’s Law (Act of April 15, 2024, P.L. 24, No. 8): strengthened abuse factors, added stalking and safety provisions.

Legal Reasoning

The Court’s rule amendments reflect three core principles:

Timeliness and Currency: Courts make best-interest custody decisions based on up-to-date information. Requiring verification forms before initial hearings and prompt updates upon changed circumstances ensures courts and parties have real‐time data on criminal and abuse history.
Uniformity and Fair Notice: A standardized statewide form and procedure prevent jurisdictional disparities in how CPS information is requested, returned, and handled. Confidential filing and service protocols protect sensitive data while giving parties the right to challenge or examine reports.
Procedural Safeguards: By integrating these materials into pretrial conferences and allowing evidentiary objections under Pennsylvania Rules of Evidence, the rules preserve due process and guard against hearsay, while enabling live testimony through subpoena power if factual disputes persist.

Impact

These amendments are poised to produce significant benefits:

Improved child safety through clearer, earlier identification of threat factors (criminal convictions, pending charges, abuse investigations, CPS involvement).
Enhanced judicial efficiency via uniform forms and deadlines, reducing ad hoc local practices.
Stronger procedural fairness: parties receive confidential reports, can prepare evidentiary challenges, and may compel agency witnesses.
Greater statutory alignment with “Kayden’s Law” and related child-welfare statutes, fostering consistency between procedural rules and underlying policy.
Potential administrative burden on county agencies balanced by optional court extensions and five-day baseline response times tailored to urgent custody schedules.

Complex Concepts Simplified

Verification Form: A confidential checklist that each party fills out, listing all criminal convictions, pending charges, CPS referrals, dependency cases, restraining orders, and other abuse or violence. It must be filed early and kept current.
Prothonotary: The court clerk’s office responsible for docketing pleadings and maintaining files. Filing “with the prothonotary” means officially submitting the form into the court record.
Enumerated Offenses: A defined list of crimes (e.g., assault, stalking, prostitution-related offenses, strangulation, human trafficking, contempt of protective orders) that automatically trigger deeper custody scrutiny.
County Agency Report: A standardized summary from the local child-protective services agency describing indicated or founded reports of abuse or neglect and any services provided—filed under seal and shared only with the parties and the court.
Suspension of Acts of Assembly: Rule 1915.25 temporarily overrides any statute that would prohibit release of CPS records (23 Pa.C.S. § 6339) to ensure courts may share and consider agency reports confidentially.

Conclusion

The April 25, 2025 rule amendments mark a watershed in Pennsylvania custody practice by embedding statutory child-welfare objectives directly into procedural rules. By harmonizing criminal and CPS information gathering with clear deadlines, uniform forms, confidentiality measures, and evidentiary safeguards, the Supreme Court has fortified the court’s ability to make informed, timely decisions in the child’s best interest. These reforms also bridge gaps between family procedure and protective-services law, ensuring that Pennsylvania courts can balance child safety, parental rights, and due process in a consistent, transparent manner.

Effective July 1, 2025