Rule 1915.19. Form of Order Appointing Counsel for the Child.
The order appointing an attorney to represent a child in a child custody action pursuant to Rule 1915.11 shall be in substantially the following form:
(Caption)
ORDER OF COURTAND NOW, THIS
day of
, 20
, it is hereby ordered as follows:Pursuant to Pa.R.C.P. No. 1915.11,
is appointed as attorney for the minor child
(D.O.B.
) in connection with the civil proceedings related to the custody of the minor child.Counsel for the child shall zealously represent the legal interests of the child as any other client in an attorney-client relationship and shall not act as the child’s guardian ad litem or best interests attorney. The child’s attorney shall not be called to testify and communications between the child’s attorney and the child shall be privileged, consistent with the attorney-client relationship.
It is ordered and decreed that all relevant schools, police departments, hospitals and social service agencies, including home and school agencies who have records, reports and/or information pertaining to the child relevant to the custody of the child, shall allow the child’s attorney access to all files and records in its possession, custody or control and shall cooperate in responding to all relevant inquires. These files/records may include but are not limited to medical, psychological or psychiatric charts including evaluations and progress notes and records, X-rays, photographs, tests, test evaluations, intake and discharge summaries, police records, and school records including report cards, educational assessments and educational plans, relevant to this custody dispute and/or relevant to any special needs or requirements of the child. The child’s attorney shall have the right to copy any part of the files and records maintained in connection with the child.
It is further ordered and decreed that the child’s attorney shall be permitted to see and speak with the child, and family, medical and/or social service providers connected with this case, and take all steps appropriate to and consistent with this order.
The fees for the child’s attorney shall be paid as follows:
This appointment shall terminate upon the entry of a final order resolving the petition pending as of the date of this order or as provided in subsequent order of court.
BY THE COURT:
J.
Source The provisions of this Rule 1915.19 adopted August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702.
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