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HOUSE AMENDED
PRIOR PRINTER'S NOS. 1133, 1375
PRINTER'S NO. 1531
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
844
Session of
2017
INTRODUCED BY WHITE, RAFFERTY, EICHELBERGER, RESCHENTHALER,
FOLMER, YUDICHAK, STEFANO, YAW AND TARTAGLIONE,
SEPTEMBER 6, 2017
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 13, 2018
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child custody, further providing
for standing for any form of physical custody or legal
custody and, for standing for partial physical custody and
supervised physical custody AND FOR CONSIDERATION OF CRIMINAL
CONVICTION.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5324 of Title 23 of the Pennsylvania
Consolidated Statutes is amended by making a subsection
designation, adding a subsection and adding a paragraph to read:
SECTION 1. SECTION 5324 OF TITLE 23 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING PARAGRAPHS TO READ:
§ 5324. Standing for any form of physical custody or legal
custody.
(a) Individuals.--The following individuals may file an
action under this chapter for any form of physical custody or
legal custody:
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* * *
(4) Except as set forth in subsection (b), if no
biological parent or adoptive parent of a child has custody
of the child, an individual who establishes by clear and
convincing evidence that the individual :
(i) assumes or is willing to assume responsibility
for the child; and
(ii) has a sustained, substantial and sincere
interest in the welfare of the child, which may be
demonstrated by factors involving the nature, quality,
extent and length of involvement by the individual in the
child's life, including, but not limited to:
(A) the financial support or assistance paid by
the individual for the benefit of the child ; and
(B) whether the individual has previously stood
in loco parentis to the child.
(b) Exceptions.--Subsection (a)(4) does not apply to any of
the following:
(1) Intervention in a dependency proceeding.
(2) An action by a party who has participated in a
dependency proceeding relating to the child.
(3) A challenge to the placement of the child in:
(i) foster care; or
(ii) kinship care.
(4) A challenge to an order of permanent legal custody
under 42 Pa.C.S. § 6351(f.1)(3) or (4) (relating to
disposition of dependent child).
Section 1.1. Section 5325(2) of Title 23 is amended to read:
(4) SUBJECT TO PARAGRAPH (5), AN INDIVIDUAL WHO
ESTABLISHES BY CLEAR AND CONVINCING EVIDENCE ALL OF THE
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FOLLOWING:
(I) THE INDIVIDUAL HAS ASSUMED OR IS WILLING TO
ASSUME RESPONSIBILITY FOR THE CHILD.
(II) THE INDIVIDUAL HAS A SUSTAINED, SUBSTANTIAL AND
SINCERE INTEREST IN THE WELFARE OF THE CHILD. IN
DETERMINING WHETHER THE INDIVIDUAL MEETS THE REQUIREMENTS
OF THIS SUBPARAGRAPH, THE COURT MAY CONSIDER, AMONG OTHER
FACTORS, THE NATURE, QUALITY, EXTENT AND LENGTH OF THE
INVOLVEMENT BY THE INDIVIDUAL IN THE CHILD'S LIFE.
(III) NEITHER PARENT HAS ANY FORM OF CARE AND
CONTROL OF THE CHILD.
(5) PARAGRAPH (4) SHALL NOT APPLY IF:
(I) A DEPENDENCY PROCEEDING INVOLVING THE CHILD HAS
BEEN INITIATED OR IS ONGOING; OR
(II) THERE IS AN ORDER OF PERMANENT LEGAL CUSTODY
UNDER 42 PA.C.S. § 6351(A)(2.1) OR (F.1)(3) (RELATING TO
DISPOSITION OF DEPENDENT CHILD).
SECTION 2. SECTIONS 5325(2) AND 5329(A) INTRODUCTORY
PARAGRAPH OF TITLE 23 ARE AMENDED TO READ:
§ 5325. Standing for partial physical custody and supervised
physical custody.
In addition to situations set forth in section 5324 (relating
to standing for any form of physical custody or legal custody),
grandparents and great-grandparents may file an action under
this chapter for partial physical custody or supervised physical
custody in the following situations:
* * *
(2) where THE RELATIONSHIP WITH THE CHILD BEGAN EITHER
WITH THE CONSENT OF A PARENT OF THE CHILD OR UNDER A COURT
ORDER AND WHERE the parents of the child [have been separated
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for a period of at least six months or]:
(i) have commenced [and continued] a proceeding [to
dissolve their marriage] for custody; and
(ii) do not agree as to whether the grandparents or
great grandparents should have custody under this
section; or
* * *
§ 5329. CONSIDERATION OF CRIMINAL CONVICTION.
(A) OFFENSES.--WHERE A PARTY SEEKS ANY FORM OF CUSTODY, THE
COURT SHALL CONSIDER WHETHER THAT PARTY OR MEMBER OF THAT
PARTY'S HOUSEHOLD HAS BEEN CONVICTED OF OR HAS PLEADED GUILTY OR
NO CONTEST TO ANY OF THE OFFENSES IN THIS SECTION OR AN OFFENSE
IN ANOTHER JURISDICTION SUBSTANTIALLY EQUIVALENT TO ANY OF THE
OFFENSES IN THIS SECTION. THE COURT SHALL CONSIDER SUCH CONDUCT
AND DETERMINE THAT THE PARTY DOES NOT POSE A THREAT OF HARM TO
THE CHILD BEFORE MAKING ANY ORDER OF CUSTODY TO THAT [PARENT]
PARTY WHEN CONSIDERING THE FOLLOWING OFFENSES:
* * *
Section 2 3. The addition of 23 Pa.C.S. § 5324(a)(4) and (b)
5324(4) AND (5) shall apply to all custody proceedings
irrespective of whether the proceeding was commenced before, on
or after the effective date of this section.
Section 3 4. This act shall take effect in 60 days.
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