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 JUDICIARY, MARCH 7, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in juvenile matters,

further defining "dependent child."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

6302 of Title 42 of the Pennsylvania Consolidated Statutes is

amended to read:

§ 6302.  Definitions.

The following words and phrases when used in this chapter

shall have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Dependent child."  A child who:

(1)  is without proper parental care or control,

subsistence, education as required by law, or other care or

control necessary for his physical, mental, or emotional

health, or morals. A determination that there is a lack of

proper parental care or control may be based upon evidence of

conduct by the parent, guardian or other custodian that

places the health, safety or welfare of the child at risk,

including evidence of the parent's, guardian's or other

custodian's use of alcohol or a controlled substance that

places the health, safety or welfare of the child at risk;

(2)  has been placed for care or adoption in violation of

law;

(3)  has been abandoned by his parents, guardian, or

other custodian;

(4)  is without a parent, guardian, or legal custodian;

(5)  while subject to compulsory school attendance is

habitually and without justification truant from school;

(6)  has committed a specific act or acts of habitual

disobedience of the reasonable and lawful commands of his

parent, guardian or other custodian and who is ungovernable

and found to be in need of care, treatment or supervision;

(7)  is under the age of ten years and has committed a

delinquent act;

(8)  has been formerly adjudicated dependent, and is

under the jurisdiction of the court, subject to its

conditions or placements and who commits an act which is

defined as ungovernable in paragraph (6);

(9)  has been referred pursuant to section 6323 (relating

to informal adjustment), and who commits an act which is

defined as ungovernable in paragraph (6); [or]

(10)  is born to a parent whose parental rights with

regard to another child have been involuntarily terminated

under 23 Pa.C.S. § 2511 (relating to grounds for involuntary

termination) within three years immediately preceding the

date of birth of the child and conduct of the parent poses a

risk to the health, safety or welfare of the child; or

(11)  is a newborn and receives a diagnosis of fetal

alcohol syndrome or tests positive for any amount of an

illegal controlled substance, unless the child tests positive

for a controlled substance as a result of the mother's lawful

intake of such substance as prescribed.

* * *

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