AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. The definitions of "perpetrator" and "person
7responsible for the child's welfare" in section 6303(a) of Title
823 of the Pennsylvania Consolidated Statutes are amended to
9read:

10§ 6303. Definitions.

11(a) General rule.--The following words and phrases when used
12in this chapter shall have the meanings given to them in this
13section unless the context clearly indicates otherwise:

14* * *

15"Perpetrator." A person who has committed child abuse [and
16is a parent of a child, a person responsible for the welfare of
17a child, an individual residing in the same home as a child or a

<-1paramour of a child's parent]. The term includes only the 
2following:

3(1) A parent of the child.

4(2) A spouse or former spouse of a parent of the child.

5(3) A paramour or former paramour of the parent.

6(4) An individual who is 14 years of age or older and:

7(i) resides in the same household as the child;

8(ii) is present when and where the alleged child
9abuse occurred; or

10(iii) is related to the child within the fifth
11degree of consanguinity or affinity but does not reside
12in the same household as the child.

13(5) A person responsible for the child's welfare.

<-14paramour of a child's parent.] as defined in this section. The 
15following shall apply:

16(1) The term includes only the following:

17(i) A parent of the child.

18(ii) A spouse or former spouse of the child's
19parent.

20(iii) A paramour or former paramour of the child's
21parent.

22(iv) A person 14 years of age or older and
23responsible for the child's welfare.

24(v) An individual who is 14 years of age or older
25who resides in the same home as the child.

26(vi) An individual 18 years of age or older who does
27not reside in the same home as the child but is related
28within the third degree of consanguinity or affinity by
29birth or adoption to the child or the spouse, former
30spouse, paramour or former paramour of the child's

1parent.

2(2) Only the following may be considered a perpetrator
3for failing to act, as provided in this section:

4(i) A parent of the child.

5(ii) A spouse or former spouse of the child's
6parent.

7(iii) A paramour or former paramour of the child's
8parent.

9(iv) A person 18 years of age or older and
10responsible for the child's welfare.

11(v) A person 18 years of age or older who resides in
12the same home as the child.

13"Person responsible for the child's welfare." A person who
14provides permanent or temporary care, supervision, mental health
15diagnosis or treatment, training or control of a child in lieu
16of parental care, supervision and control. [The term does not
17include a person who is employed by or provides services or
18programs in any public or private school, intermediate unit or
19area vocational-technical school.] The term includes an
20individual who has direct or regular contact with a child
21through any program, activity or service sponsored by a school,
22for-profit organization or religious or other not-for-profit
23organization, regardless of where the child abuse occurs.

24* * *

25Section 2. This act shall take effect <-in 60 days January 1, 
262014.