THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY VANCE, WARD, PILEGGI, BROWNE, EARLL, FOLMER, ORIE, WASHINGTON, BOSCOLA, FONTANA, FERLO AND BREWSTER, MARCH 7, 2011

REFERRED TO AGING AND YOUTH, MARCH 7, 2011  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, further providing for the definition

of "child abuse."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "child abuse" in section

6303(b) of Title 23 of the Pennsylvania Consolidated Statutes is

amended to read:

§ 6303.  Definitions.

* * *

(b)  Child abuse.--

(1)  The term "child abuse" shall mean any of the

following:

(i)  Any recent act or failure to act by a

perpetrator which causes nonaccidental serious physical

injury to a child under 18 years of age.

(ii)  An act or failure to act by a perpetrator which

causes nonaccidental serious mental injury to or sexual

abuse or sexual exploitation of a child under 18 years of

age.

(iii)  Any recent act, failure to act or series of

such acts or failures to act by a perpetrator which

creates an imminent risk of serious physical injury to or

sexual abuse or sexual exploitation of a child under 18

years of age.

(iv)  Serious physical neglect by a perpetrator

constituting prolonged or repeated lack of supervision or

the failure to provide essentials of life, including

adequate medical care, which endangers a child's life or

development or impairs the child's functioning.

(1.1)  It shall be considered child abuse if a child

tests positive at birth for a controlled substance as defined

in section 2 of the act of April 14, 1972 (P.L.233, No.64),

known as The Controlled Substance, Drug, Device and Cosmetic

Act, unless the child tests positive for a controlled

substance as a result of the mother's lawful intake of the

substance as prescribed.

(2)  No child shall be deemed to be physically or

mentally abused based on injuries that result solely from

environmental factors that are beyond the control of the

parent or person responsible for the child's welfare, such as

inadequate housing, furnishings, income, clothing and medical

care.

(3)  If, upon investigation, the county agency determines

that a child has not been provided needed medical or surgical

care because of seriously held religious beliefs of the

child's parents, guardian or person responsible for the

child's welfare, which beliefs are consistent with those of a

bona fide religion, the child shall not be deemed to be

physically or mentally abused. The county agency shall

closely monitor the child and shall seek court-ordered

medical intervention when the lack of medical or surgical

care threatens the child's life or long-term health. In cases

involving religious circumstances, all correspondence with a

subject of the report and the records of the Department of

Public Welfare and the county agency shall not reference

"child abuse" and shall acknowledge the religious basis for

the child's condition, and the family shall be referred for

general protective services, if appropriate.

Section 2.  This act shall take effect in 60 days.