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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY VANCE, WARD, PILEGGI, BROWNE, EARLL, FOLMER, ORIE, WASHINGTON, BOSCOLA, FONTANA, FERLO AND BREWSTER, MARCH 7, 2011 |
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| REFERRED TO JUDICIARY, MARCH 7, 2011 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in juvenile matters, |
3 | further defining "dependent child." |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. The definition of "dependent child" in section |
7 | 6302 of Title 42 of the Pennsylvania Consolidated Statutes is |
8 | amended to read: |
9 | § 6302. Definitions. |
10 | The following words and phrases when used in this chapter |
11 | shall have, unless the context clearly indicates otherwise, the |
12 | meanings given to them in this section: |
13 | * * * |
14 | "Dependent child." A child who: |
15 | (1) is without proper parental care or control, |
16 | subsistence, education as required by law, or other care or |
17 | control necessary for his physical, mental, or emotional |
18 | health, or morals. A determination that there is a lack of |
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1 | proper parental care or control may be based upon evidence of |
2 | conduct by the parent, guardian or other custodian that |
3 | places the health, safety or welfare of the child at risk, |
4 | including evidence of the parent's, guardian's or other |
5 | custodian's use of alcohol or a controlled substance that |
6 | places the health, safety or welfare of the child at risk; |
7 | (2) has been placed for care or adoption in violation of |
8 | law; |
9 | (3) has been abandoned by his parents, guardian, or |
10 | other custodian; |
11 | (4) is without a parent, guardian, or legal custodian; |
12 | (5) while subject to compulsory school attendance is |
13 | habitually and without justification truant from school; |
14 | (6) has committed a specific act or acts of habitual |
15 | disobedience of the reasonable and lawful commands of his |
16 | parent, guardian or other custodian and who is ungovernable |
17 | and found to be in need of care, treatment or supervision; |
18 | (7) is under the age of ten years and has committed a |
19 | delinquent act; |
20 | (8) has been formerly adjudicated dependent, and is |
21 | under the jurisdiction of the court, subject to its |
22 | conditions or placements and who commits an act which is |
23 | defined as ungovernable in paragraph (6); |
24 | (9) has been referred pursuant to section 6323 (relating |
25 | to informal adjustment), and who commits an act which is |
26 | defined as ungovernable in paragraph (6); [or] |
27 | (10) is born to a parent whose parental rights with |
28 | regard to another child have been involuntarily terminated |
29 | under 23 Pa.C.S. § 2511 (relating to grounds for involuntary |
30 | termination) within three years immediately preceding the |
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1 | date of birth of the child and conduct of the parent poses a |
2 | risk to the health, safety or welfare of the child; or |
3 | (11) is a newborn and receives a diagnosis of fetal |
4 | alcohol syndrome or tests positive for any amount of an |
5 | illegal controlled substance, unless the child tests positive |
6 | for a controlled substance as a result of the mother's lawful |
7 | intake of such substance as prescribed. |
8 | * * * |
9 | Section 2. This act shall take effect in 60 days. |
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