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Bill > SB868
PA SB868
PA SB868In child custody, further providing for definitions, for award of custody, for factors to consider when awarding custody, for consideration of criminal conviction, for guardian ad litem for child, for counsel for child and for award of counsel fees, costs and expenses; and, in Administrative Office of Pennsylvania Courts, providing for child abuse and domestic abuse education and training program for judges and court personnel.
summary
Introduced
09/30/2019
09/30/2019
In Committee
10/19/2020
10/19/2020
Crossed Over
Passed
Dead
12/31/2020
12/31/2020
Introduced Session
2019-2020 Regular Session
Bill Summary
An Act amending Titles 23 (Domestic Relations) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in child custody, further providing for definitions, for award of custody, for factors to consider when awarding custody, for consideration of criminal conviction, for guardian ad litem for child, for counsel for child and for award of counsel fees, costs and expenses; and, in Administrative Office of Pennsylvania Courts, providing for child abuse and domestic abuse education and training program for judges and court personnel.
AI Summary
This bill amends Pennsylvania's laws on child custody to further protect the health and safety of children. Key provisions include:
- Expanding the definition of "abuse" to include crimes like harassment and stalking, and clarifying that justified self-defense does not constitute abuse.
- Requiring courts to prioritize the child's health, safety, and well-being when determining custody, and to only award custody to a parent who does not jeopardize the child's safety.
- Establishing presumptions for supervised physical custody when there is a history of abuse, with the abusive parent required to cover supervision costs.
- Requiring courts to consider specific factors related to abuse and domestic violence when awarding custody, and making clear that a parent's reasonable efforts to protect a child should not be held against them.
- Allowing courts to appoint a guardian ad litem or counsel for the child in cases involving abuse or domestic violence allegations.
- Requiring courts to order the abusive parent to pay the other party's legal fees and treatment expenses related to the abuse.
- Directing the state's Administrative Office of the Courts to develop training programs for judges and court personnel on recognizing and responding to child abuse and domestic violence.
The overall intent is to ensure the health, safety, and well-being of children are the top priority in all child custody decisions.
Committee Categories
Budget and Finance, Justice
Sponsors (17)
Steve Santarsiero (D)*,
Camera Bartolotta (R),
John Blake (D),
Jim Brewster (D),
Patrick Browne (R),
Maria Collett (D),
Jay Costa (D),
Wayne Fontana (D),
Vincent Hughes (D),
Tim Kearney (D),
Daylin Leach (D),
Bob Mensch (R),
Katie Muth (D),
John Sabatina (D),
Judy Schwank (D),
Sharif Street (D),
John Yudichak (I),
Last Action
Re-referred to APPROPRIATIONS (on 10/19/2020)
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