A) WHAT IS IT?

The Lackawanna County Program is designed for moderate, severe and extremely severe custody conflict eases which usually involve a central issue of a significant threat to the physical or psychological well being of the children It is the most invasive form of Court intervention during the pendancy of a custody dispute. The Guardian Ad Litem (hereinafter referred to as "Guardian") is either an attorney or a mental health worker who is appointed as an officer of the Court to conduct an inquiry of the family. A list of individuals who have attended Guardian Ad Litem education seminars presented in Lackawanna County is available at Family Court.

The scope of the Guardian's inquiry depends on the directives contained in the Order appointing the Guardian (Exhibit "I"). In all cases, the goal for the Guardian is to present a neutral and objective assessment of the assigned subject matter when the inquiry is complete.

The Guardian's duties may include the following:
- Obtain information from the Court and from each Counsel of record

- Attend Court proceedings involving the subject matter assigned. The Guardian does not need to attend Court proceedings of the family unrelated to
the matter assigned.

- Collect and review information received during Court proceedings and relevant documents/reports pertaining to the subject matter.

- Consult with professionals: psychologists, CYS, teachers, employers, police.

- Visit homes and/or schools. The Court may also permit the Guardian to assign a third party to perform a home study.

- Submit a Comprehensive Report to the Court with Recommendations
and a full explanation for the basis for each Recommendation. Reports to the Court should be provided to the Court and Counsel of record at least three (3) days prior to a scheduled Court proceeding

- Testify in Court to support the Final Report and Recommendations; Appear in Motion Court concerning Interim or Emergency Motions prior to the Final Report

- Monitor the case to ensure compliance

The Guardian will obtain the case background and position of each counsel of record then will interview all parties to the action. The Guardian may also interview the children (if age and circumstances are appropriate) and other significant individuals (spouse, non-party grandparent, paramour, teacher, police, CYS). If children are interviewed, the Guardian often conducts multiple interviews over time in order to detect a difference in answers.

Parties may be asked to sign an Authorization for Release of Information (Exhibit "J") to allow the Guardian to collect records and speak with professionals such as psychologists and teachers. The Guardian may also provide Counsel with Notice and obtain an Order of Court for release of CYS and police records. Attorneys should advise
their clients that Guardian interviews are not confidential and that anything said in an interview or submitted in writing to the Guardian can possibly be used in Court.

Unlike the Cooperative Parenting Program, the Guardian's role is not to provide information of any kind to the parents. The Guardian will not provide legal advice to the parents and will not attempt to Mediate an Agreement with the clients. The Guardian
may call or meet with Counsel prior to the completion of a Guardian Report and inform Counsel of the probable Recommendations in an effort to allow Counsel to come to an Agreement without returning to Court.

B) WHEN IS IT APPROPRIATE?

The Guardian Ad Litem Program is appropriate in cases if the Judge or master
believes there is a need for a neutral third party to provide information to the Court in an
effort to protect the interests and well being of the children A Guardian is often
appointed when the case is moderate or severe but is deemed inappropriate for the
Individual Cooperative Co-Parenting Program, or the parties have been dismissed or
failed to benefit from Cooperative Parenting. Other circumstances for which Guardians
have been appointed include, but are not limited to, the following:

- a primary physical custody or joint physical custody claim or decision is pending and the opinion of the children is at issue OR the claim is based on
a safety issue

- a relocation is pending and the opinion of the children is at issue OR a detailed investigation and comparison of the location in question of the would be beneficial to the Court

- either party has been diagnosed with a psychological disorder which would hinder a party's ability parenting abilities (IE: bi-polar condition, schizophrenia, personality disorders)

- psychiatric reports are pending alleging psychological disorder which may hinder a party's parenting abilities
- parties present a history of serious physical violence/stalking

- parties present a history of severe open hostility or attempts at alienation

- an Indicated or Founded finding of physical/sexual child abuse is a central issue

- an Undfounded finding of physical/sexual child abuse is a central issue or
a history of false physical/sexual child abuse claim(s) is a central issue

- a pending CYS and/or police investigation of physical/sexual child abuse

- a drug/alcohol dependency problem is central issue

- allegations of neglect, abuse or lack of adequate parental supervision not addressed by CYS

- a child is refusing to visit or refusing to return home to the custodial parent

- chronic litigation or chronic Contempt of Court by the parties

C) WHEN IS IT NOT APPROPRIATE?
A Judge has the discretion to appoint a Guardian Ad Litem for a child in any custody matter. Protection From Abuse Orders are not a hindrance to the Program since a Guardian would generally interview parties separately, especially in the case of a PFA. However, mild conflict cases do not usually present a danger to the child which would require a Guardian.

D) DURATION:

There is no specific duration for a Guardian Ad Litem inquiry. The Court may indicate a time limit for submission of a Comprehensive Report. After a Report and Recommendation is complete, the Guardian Ad Litem remains on record and should be provided Notice of Court proceedings until the Guardian is dismissed by Court Order.

E) TIME/PLACE:
Guardian Ad Litem interviews are usually held at the office of the assigned Guardian Ad Litem by appointment.

F) COST:

The cost of the Guardian Ad Litem can vary greatly from case to case. Each Order of appointment includes an indication of an initial retainer which is to be made with the Guardian within ten (10) days of the date of the Order and an indication of which parties are responsible for payment of the costs of the Guardian Ad Litem. If a party is required to make payment, said party will not be interviewed until the retainer is paid and a Report and Recommendation may be completed without his/her input. The Guardian may also Petition the Court for Payment according to the directive of the Order.

The cost of the Guardian is usually divided equally between the Plaintiff and the Defendant and the initial deposits are often determined according to the difficulty of the case. The Attorneys may benefit from contacting the proposed Guardian at the time of their appointment for a general estimate of initial costs if their clients are responsible for payment.

Clients should be advised that their share of the Guardian fee can be several hundred dollars each or significantly more depending on the hours that the Guardian must dedicate to the case and the amount and frequency of litigation. Hourly fees are not specifically listed on the Order, however, most Guardians charge close to the standard Court appointment rate of thirty-five ($35.00) per hour out of Court and forty-five ($45.00) per hour in Court. The parties may also be responsible for costs such as travel, service, home studies, records fees and reproduction.

Each party will receive a Notice and an itemized Bill through counsel if the Guardian fees exceed the initial retainer. Payment of the Bill shall be due thirty (30) days after the date of each Bill. If a Bill is not paid within thirty (30) days of the date on the Bill, the Guardian may file a Petition to Compel Payment of Guardian Fee and may request reimbursment for time spent on collection at the Guardian's regual billing rate (most regular rates exceed $100.00 per hour).

G) SUCCESS AND STATISTICS

There are no Lackawanna County records concerning success and statistics of Guardian cases. The Guardian Ad Litem Program is not Iikely to be measured by success since the role of the Guardian is to attempt to find facts and make a Recommendation to the Court.

H) WHERE IS THE ATTORNEY DURING THE PROCESS?

Due to the ample number of Guardian Ad Litem choices in Lackawanna County, Attorneys are usually permitted to mutually choose an acceptable Guardian. However, if the Court chooses a Guardian and there appears to be a potential conflict due to a Guardian's participation in a related case, the Attorney should bring the matter to the attention of the Court so the Court may determine if re-assignment is necessary. It may be helpful for the Master or the Attorneys to call the proposed Guardian in an attempt to clear conflicts.

At the time of the appointment, the Attorney's can suggest limits to the scope of the Guardian's inquiry to the Court Narrowing the focus of the inquiry can serve to minimize costs for the parties and reduce the time it will take the Guardian to produce a
Report and Recommendation. If the Court decides to narrow the issues for the Guardian, this directive can become part of the Order. The parties are not expected to cease litigation during the Guardian's inquiry, however, hearings are often not held until the Report and Recommendations are final with the exception of emergencies and Contempt.

The Attorneys should be highly active during the course of the inquiry. They should ensure that the Guardian has a clear idea of the their respective parties' positions and that the Guardian has an opportunity to review all documents that would support those positions. The Attorneys may contact the Guardian for feedback at any time during the inquiry.

The parties will not have unlimited direct contact with the Guardian. With the exception of the initial interivew, subsequent interviews by appointment and telephone calls initiated/requested by the Guardian, parties must voice their issues through their Attorneys. If either party proceeds Pro-Se (without counsel), said party should voice issues to the Guardian by fax or through mail. If the parties have legal questions which arise during the interviews, they will be instructed to contact their Attorneys for the answers. They will also be instructed to call their Attorneys with collateral issues that arise in the course of the inquiry. The Guardian does not replace the function of the Attorney in any way.

If a client is uncomfortable with a line of questioning during an interview, the client should advise the Guardian that he/she would like to reserve answering said questions until after he/she has had the opportunity to consult with his/her attorney. Attorneys are welcome to attend interviews, however, interviews are often lengthy and may consume a large amount of the Attorney's billable hours. Attorneys are entitled to
request copies of any forms or releases executed by the client during the interview process.

If time permits, the Guardian may call the Attorneys and provide an overview of the pending Report and Recommendations before they are completed. The Guardian will provide the Attorneys with a copy of the Report and Recommendations simultaneously to the issue of the document to the Court. There is usually an opportunity for the Attorneys to attempt to reach an Agreement before a hearing or conference is held. If there is no Agreement, the matter will go to a hearing and the Attorneys will have to opportunity to cross examine the Guardian on the Report and Recommendation.

I) TESTIMONY AND EVIDENCE

The Guardian Ad Litem Program usually provides the Attorney with a great amount of material for testimony and may produce evidence through the documents acquired and considered by the Guardian. The Guardian will provide the Attorneys with a copy of the Report and Recommendations simultaneously to the issue of the document to the Court. Attorneys may request to view all documents collected and used by the Guardian during the inquiry process.

A small sampling of what a Report can contain is as follows:

- Whether the Guardian believes a parent is a danger to the child and the basis for that belief

- Whether the Guardian collected evidence to form a belief that a child has been neglected or abused and the basis of that belief

- Whether the Guardian collected evidence to form a belief that a child receives more adequate care with one party than the other and the basis of that belief

v. RELATED SERVICES

Family Matters Program

ADMINISTRATORS: Sister Susan Hadzuma Peggy Gorman Scranton (348-6493) Carbondale

HISTORY: In existence since 1994.

Scranton Area Family Center is an independent agency that is utilized by Lackawanna County Family Court when the Judge or master determines there is a need for Parenting Classes and/or Supervised visits. Scranton Area Family Services are currently free of charge. Child care is available for some parenting classes (not all).

PARENTING CLASSES

There are currently six (6) different varieties of six (6) week parenting classes, as follows:

The School Age Mothers Program is a group class designed for mothers who are not finished with their own development. It addresses the difficulties teen mothers have when they are faced with the challenge of shifting their focus to the needs of the child. It addresses issues
of the teen mother's lack of maturity and provides advice and guidance for decisions concerning the child.
The Infant Program is a group class designed for parents of any age with
an infant. Subjects include, basic infant care, immunization, attachment, bonding, safety proofing the home, infant learning process, the importance of a clean home and healthy family relations for separated parents.
The School Age Program is a group class designed for parents of any age with children from the age of two (2) to ten (10). Subjects include
appropriate discipline, logical decision making, responsibilities of the children and the parents and school issues.

The Dad's Group is a group class designed for fathers of any age.
The class is conducted by a male instructor. Subjects include dealing with frustration with visitation and litigation, child development as it applies to fathers, the role and responsibilities of the father in the lives of their children. -

The Teen Program is group designed for parents of pre-teen and teenage children. It includes the parents and teens. Subjects include discipline, school, drugs, sexual activity and parent/teen relationship. The program utilizes videos and discussion.

- The Individual Parenting Program is one (1) or two (2) parents working with Scranton Area Family Center. Individual Parenting is offered on a "when available" basis for: parties whose work schedules conflict with group classes, parties who are intellectually challenged or suffer from
a psychological deficiency that would cause group to be ineffective, or parties who have difficulty with the English language.

When parenting classes are completed, the parties receive a Certificate of Completion. The classes are not confidential and staff members may be issued a subpoena to testify, however, the staff members may have limited knowledge about the specifics of cases when parties are members of groups.

SUPERVISED VISITS

The Scranton Area Family Center offers supervised visit services based on the availability of funding. The organization is currently staffed and funded to provide one (1) or two (2) one (1) hour visit per week to a party. There are currently no weekend supervised visit times available. After a referral is made, the Court provides the organization with a copy of the Court Order and an Intake is performed. A supervisor is assigned who will monitor the visit according to the directives of the Court Order. Inappropriate behavior will be interrupted and, if necessary, the visit will be terminated. The supervisor keeps notes on every visit and submits progress reports to the Court when
necessary. A supervisor can be issued a subpoena to testify and will be able to provide information about what he/she observed during the supervised visits.

VIOLENCE INTERVENTION CENTER
Domestic Violence Education & Intervention Project

ADMINISTRATORS: Paul Wilderman Sean Nee Scranton (207-7227) Carbondale

HISTORY: In existence since 1997.

SEE EXHIBITS "K", "L" and "M"

PSYCHOLOGICAL/CUSTODY EVALUATIONS

SEE EXHIBIT "N"