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Bill > SB78
PA SB78
PA SB78In 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
01/22/2021
01/22/2021
In Committee
06/24/2021
06/24/2021
Crossed Over
06/24/2021
06/24/2021
Passed
Dead
11/30/2022
11/30/2022
Introduced Session
2021-2022 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 several provisions in Pennsylvania's laws regarding child custody, with the goal of protecting the health and safety of children. Key changes include:
- Expanding the definition of "abuse" to include stalking and excluding justified self-defense. It also defines "health and safety of the child" and "household member."
- Requiring the court to include specific safety conditions, restrictions, or safeguards in custody orders where there is a history of abuse, including supervised visitation. There is a rebuttable presumption for supervised visitation in these cases.
- Modifying the factors the court must consider when awarding custody to prioritize the child's health and safety, and prohibiting adverse consideration of factors related to the abuse.
- Expanding the list of criminal offenses the court must consider when making custody decisions.
- Allowing the court to appoint a guardian ad litem for the child if there are substantial allegations of abuse, and requiring the guardian ad litem to have specific training.
- Authorizing the court to order the abusive party to pay fees, costs, and expenses related to the abuse.
The bill also requires the Administrative Office of the Pennsylvania Courts to develop an education and training program for judges and court personnel on child abuse, domestic violence, and their impacts on children.
Committee Categories
Budget and Finance, Justice
Sponsors (21)
Lisa Baker (R)*,
Camera Bartolotta (R),
John Blake (D),
Patrick Browne (R),
Maria Collett (D),
Carolyn Comitta (D),
Jay Costa (D),
Wayne Fontana (D),
Vincent Hughes (D),
John Kane (D),
Tim Kearney (D),
Scott Martin (R),
Bob Mensch (R),
Katie Muth (D),
Kristin Phillips-Hill (R),
Steve Santarsiero (D),
Judy Schwank (D),
Pat Stefano (R),
Elder Vogel (R),
Gene Yaw (R),
John Yudichak (I),
Last Action
Referred to JUDICIARY (on 06/24/2021)
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