Rule 1191. Juvenile Court Hearing Officer’s Findings and Recommendation to the Judge

A. Announcement of Findings and Recommendation . At the conclusion of the hearing, the juvenile court hearing officer shall announce in open court on the record, the juvenile court hearing officer’s findings and recommendation to the judge.

B. Submission of Papers and Contents of Recommendation . Within two business days of the hearing, the juvenile court hearing officer shall submit specific findings and a recommendation to the juvenile court judge. If requested, a copy of the findings and recommendation shall be given to any party.

C. Challenge to Recommendation . A party may challenge the juvenile court hearing officer’s recommendation by filing a motion with the clerk of courts within three days of receipt of the recommendation. The motion shall request a rehearing by the judge and aver reasons for the challenge.

D. Judicial Action . Within seven days of receipt of the juvenile court hearing officer’s findings and recommendation, the judge shall review the findings and recommendation of the juvenile court hearing officer and:

1. accept the recommendation by order;

2. reject the recommendation and issue an order with a different disposition;

3. send the recommendation back to the juvenile court hearing officer for more specific findings; or

4. conduct a rehearing.

Comment

The juvenile court may promulgate a form for juvenile court hearing officers to use. The findings and recommendation may take the form of a court order to be adopted by the court.

If a party contests the juvenile court hearing officer’s decision, the copy of the findings and recommendation may be used as an attachment in a motion for a rehearing in front of the judge.

The juvenile court hearing officer’s decision is subject to approval of the judge. When the judge, in rejecting the juvenile court hearing officer’s recommendation, modifies a factual determination, a rehearing is to be conducted. The judge may reject the juvenile court hearing officer’s findings and enter a new finding or disposition without a rehearing if there is no modification of factual determinations. See In re Perry , 459 A.2d 789 (Pa. Super. 1983).

Nothing in this rule prohibits the court from modifying conclusions of law made by the juvenile court hearing officer.

Official Note

Rule 1191 adopted August 21, 2006, effective February 1, 2007. Amended April 6, 2017, effective September 1, 2017.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1191 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).

Final Report explaining the amendments to Rule 1191 published with the Court’s Order at 47 Pa.B. 2313 (April 22, 2017).