Current through Register Vol. 54, No. 19, May 11, 2024
Rule 1915.11 - Appointing Child's Attorney. Child Interview. Child Attending Proceedings(a)Appointing Child's Attorney.(1) Upon its own motion or a party's motion, the court may appoint an attorney to represent a child who is the subject of the action.(2) The court's order appointing the child's attorney, as provided in Pa.R.Civ.P. 1915.19, may apportion to the parties the reasonable cost of the child's attorney.(3) The child's attorney: (i) shall represent the child's legal interest;(ii) shall zealously represent the child as any other client in an attorney-client relationship; and(iii) shall not act as the child's guardian ad litem or best interest attorney as provided in Pa.R.Civ.P. 1915.11-2.(b)Child Interview.(1) The court may interview a child in open court or in chambers.(2) If the court interviews the child, the court shall conduct the child's interview on the record.(3) If permitted by the court, a party's attorney or a party may observe the interview.(4) As part of the interview process, the court shall permit either:(i) The parties' attorneys to question the child under the court's supervision, provided that all parties are represented by an attorney; or(ii) a party's attorney or a self-represented party to submit to the court written questions, which the court may include in its interview.(c)Child Attending Proceedings. Unless ordered by the court or otherwise compelled to testify on the record, a child's attendance at a conference, hearing, or trial is not required.The provisions of this Rule 1915.11 amended April 29, 1991, effective 7/1/1991, 21 Pa.B. 2337; amended August 1, 2013, effective 9/3/2013, 43 Pa.B. 4702; amended May 18, 2016, effective 7/1/2016, 46 Pa.B. 2854; amended January 20, 2022, effective 4/1/2022, 52 Pa.B. 826.