PRIOR PRINTER'S NOS. 424, 584, 2721
PRINTER'S NO. 2765
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY O'NEILL, CALTAGIRONE, BAKER, V. BROWN, CARROLL, CLYMER, COHEN, D. COSTA, DeLUCA, FLECK, GINGRICH, GRELL, HARHART, C. HARRIS, KORTZ, MAHONEY, MAJOR, MILLARD, R. MILLER, PICKETT, ROCK, ROZZI, STEPHENS, TALLMAN, TOEPEL, YOUNGBLOOD, HESS, STERN, MURT, FRANKEL, HACKETT AND TOOHIL, JANUARY 29, 2013
SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, DECEMBER 9, 2013
1Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, in child custody, further providing for factors to
4consider when awarding custody; providing for consideration
5of child abuse and involvement with child protective
6services; in child protective services, further providing for
7release of information in confidential reports <-and for county
8agency requirements for general protective services; and, in<-
9juvenile matters, further providing for inspection of court
10files and records <-and for law enforcement records.
15§ 5328. Factors to consider when awarding custody.
16(a) Factors.--In ordering any form of custody, the court
17shall determine the best interest of the child by considering
18all relevant factors, giving weighted consideration to those
19factors which affect the safety of the child, including the
2* * *
6* * *
7Section 2. Title 23 is amended by adding a section to read:
10(a) Information sharing.--In accordance with section 6340(a)
11(5.1) (relating to release of information in confidential
12reports), where a party seeks any form of custody <-subject to the
13examination of the parties, the court shall determine:
14(1) With respect to child abuse under Chapter 63
15(relating to child protective services) or a child who is a
16victim of a crime under 18 Pa.C.S. (relating to crimes and
17offenses) which would constitute abuse under Chapter 63:
23(iii) The date and circumstances of the child abuse.
30(ii) The type of services provided.
5(v) The date the services were provided.
8(b) Cooperation.--The following apply:
9(1) The Department of Public Welfare and the county
10children and youth social service agency shall fully
11cooperate with the court and assist the court in fulfilling
12its duties under this section.
13(2) The Department of Public Welfare and the county
14children and youth social service agency shall fully
15cooperate with the governing authority in order to implement
16the provisions of this section.
24§ 6340. Release of information in confidential reports.
28* * *
1provide to the court any reports and files which the court
2considers relevant.] as set forth in sections 5328 (relating
3to factors to consider when awarding custody) and 5329.1
4(relating to consideration of child abuse and involvement
5with <-child protective services).
6* * *
13* * *
14(o) Availability of information.--Information related to
15reports of a child in need of general protective services shall
16be available to individuals and entities <-to the extent they are
17authorized to receive information under section 6340 (relating
18to release of information in confidential reports).
21§ 6307. Inspection of court files and records.
24* * *
25(4.1) A court in determining custody, as provided in 23
26Pa.C.S. §§ 5328 (relating to factors to consider when
27awarding custody) and 5329.1 (relating to consideration of
28child abuse and involvement with <-child protective services).
29* * *
<-30(6.5) The Department of Public Welfare for use in
4* * *
5§ 6308. Law enforcement records.
6(a) General rule.--Law enforcement records and files
7concerning a child shall be kept separate from the records and
8files of arrests of adults. Unless a charge of delinquency is
9transferred for criminal prosecution under section 6355
10(relating to transfer to criminal proceedings), the interest of
11national security requires, or the court otherwise orders in the
12interest of the child, the records and files shall not be open
13to public inspection or their contents disclosed to the public
14except as provided in subsection (b); but inspection of the
15records and files is permitted by:
16* * *
17(6) The Department of Public Welfare for use in
18determining whether an individual named as the perpetrator of
19an indicated report of child abuse should be expunged from
20the Statewide database <-pursuant to this chapter.
21* * *
22Section <-5 6. The amendment or addition of 23 Pa.C.S. §§
235328(a)(2.1), 5329.1 <-and 6340(a)(5.1) and 42 Pa.C.S. §
246307(a)(4.1), 6340(a<-)(5.1) and 6375(o) and 42 Pa.C.S. §§ 6307(a)
25(4.1) and (6.5) and 6308(a)(6) shall apply to:
1of this <-act section.