PRINTER'S NO. 273
No. 244 Session of 2003
INTRODUCED BY BISHOP, THOMAS, BEBKO-JONES, HENNESSEY, TRUE,
YOUNGBLOOD, NICKOL, JAMES, MANDERINO, READSHAW, STABACK,
LAUGHLIN, MELIO, WALKO, PETRARCA, SHANER, BELFANTI, TIGUE,
SOLOBAY, BARD, DALEY, CRUZ, HARHAI, PALLONE, WANSACZ, DeLUCA,
KIRKLAND, KELLER, ROBERTS, SATHER, J. WILLIAMS, FRANKEL,
CORRIGAN, GRUCELA, HORSEY, EGOLF AND PISTELLA,
FEBRUARY 11, 2003
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 11, 2003
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, providing for emergency
3 guardians for minors.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 20 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 5117. Emergency guardian.
9 (a) Authority.--The court, upon petition and a hearing, may
10 appoint an emergency guardian of the person of a minor if it is
11 proven by clear and convincing evidence that:
12 (1) it is not possible to locate the parent or guardian
13 of the minor; and
14 (2) failure to make the appointment will result in
15 irreparable harm to the person of the minor.
16 (b) Status.--An emergency guardian appointed under
1 subsection (a) shall:
2 (1) Have the powers and duties that the court directs.
3 (2) Be subject to such liability as the court directs.
4 (3) Serve for 60 days. If, during the 60 days, an action
5 is initiated under 23 Pa.C.S. § 2512 (relating to petition
6 for involuntary termination), the emergency guardian shall
7 serve until the completion of the action.
8 Section 2. This act shall take effect in 60 days.
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