Bill > HB138

This bill modifies two sections of Pennsylvania law related to child custody and parental rights, specifically addressing how courts handle cases involving parental incarceration and potential termination of parental rights. The bill expands protections for parents by explicitly stating that environmental factors like inadequate housing or income, and parental incarceration alone, cannot be the sole basis for terminating parental rights. In cases where a child has been in placement for at least 15 of the last 22 months, the bill provides new conditions under which a county agency might not be required to file a petition to terminate parental rights. These conditions include situations where the child is being cared for by a relative, where there is a compelling reason not to terminate rights (such as when an incarcerated parent is making efforts to maintain a meaningful relationship with the child), or when the child's family has not been provided necessary services to facilitate a safe return. The legislation emphasizes giving primary consideration to the child's developmental, physical, and emotional needs while providing more nuanced guidelines for courts when considering parental rights. The bill will take effect 60 days after its passage.

Education

https://www.legis.state.pa.us/cfdocs/billinfo/bill_history.cfm?syear=2025&sind=0&body=H&type=B&bn=138