THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, BAKER, SCHWANK, LEACH, MENSCH, HUGHES, KITCHEN AND FERLO, APRIL 5, 2012

REFERRED TO JUDICIARY, APRIL 5, 2012  

AN ACT

Amending Titles 23 (Domestic Relations), 42 (Judiciary and

Judicial Procedure) and 44 (Law and Justice) of the

Pennsylvania Consolidated Statutes, in proceedings prior to

petition to adopt, further providing for grounds for

involuntary termination; in juvenile matters, further

providing for disposition of dependent child; and adding

provisions relating to certain arrest protocols.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  section 2511(b) of Title 23 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 2511.  Grounds for involuntary termination.

* * *

(b)  Other considerations.--

(1)  The court in terminating the rights of a parent

shall give primary consideration to the developmental,

physical and emotional needs and welfare of the child.

(2)  The rights of a parent shall not be terminated

solely on the basis of:

(i)  environmental factors such as inadequate

housing, furnishings, income, clothing and medical care

if found to be beyond the control of the parent[.]; or

(ii)  parental incarceration.

(3)  With respect to any petition filed pursuant to

subsection (a)(1), (6) or (8), the court shall not consider

any efforts by the parent to remedy the conditions described

therein which are first initiated subsequent to the giving of

notice of the filing of the petition.

* * *

Section 2.  Section 6351(f)(9) of Title 42 is amended to

read:

§ 6351.  Disposition of dependent child.

* * *

(f)  Matters to be determined at permanency hearing.--At each

permanency hearing, a court shall determine all of the

following:

* * *

(9)  If the child has been in placement for at least 15

of the last 22 months or the court has determined that

aggravated circumstances exist and that reasonable efforts to

prevent or eliminate the need to remove the child from the

child's parent, guardian or custodian or to preserve and

reunify the family need not be made or continue to be made,

whether the county agency has filed or sought to join a

petition to terminate parental rights and to identify,

recruit, process and approve a qualified family to adopt the

child unless any of the following provisions apply:

(i)  [the] The child is being cared for by a relative

best suited to the physical, mental and moral welfare of

the [child;] child.

(ii)  [the] The county agency has documented a

compelling reason for determining that filing a petition

to terminate parental rights would not serve the needs

and welfare of the [child; or] child. A compelling reason

may include parental incarceration for a period exceeding

15 months, if:

(A)  the parent makes efforts to the extent

feasible, to comply with family service plan

requirements and otherwise maintain a meaningful role

in the child's life during the time of incarceration;

and

(B)  termination of parental rights is not

otherwise necessitated by the needs and welfare of

the child.

(iii)  [the] The child's family has not been provided

with necessary services to achieve the safe return to the

child's parent, guardian or custodian within the time

frames set forth in the permanency plan.

* * *

Section 3.  Title 44 is amended by adding a chapter to read:

CHAPTER 25

ARREST PROTOCOLS

Sec.

2501.  Definitions.

2502.  Training.

2503.  Guidelines for identification of minor or dependent

children upon arrest.

2504.  Program responsibilities.

§ 2501.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commission."  The Municipal Police Officers' Education and

Training Commission.

"Department."  The Department of Public Welfare of the

Commonwealth.

"Law enforcement officer."  Any of the following:

(1)  Member of the Pennsylvania State Police.

(2)  Municipal police officer as defined in 53 Pa.C.S.

Ch. 21 Subch. D (relating to municipal police education and

training).

(3)  Constable and deputy constable as defined in Chapter

71 (relating to constables).

(4)  County sheriff and deputy sheriff.

§ 2502.  Training.

A course of training for ensuring child safety upon the

arrest of a parent or guardian shall be included in the basic

curriculum of each basic training class and as a component of

in-service training each year for each law enforcement officer.

§ 2503.  Guidelines for identification of minor or dependent

children upon arrest.

(a)  Inquiry upon arrest.--A law enforcement officer who

arrests an individual shall at the time of the arrest inquire as

to whether the individual is a parent or guardian of any minor

or dependent child whose safety or well-being may be at risk as

a result of the arrest. The law enforcement officer shall make

reasonable efforts to ensure the safety or well-being of any

such child in accordance with guidelines under subsection (b).

(b)  Establishment of guidelines.--

(1)  In consultation with representatives of the county

children and youth social service agency, the Pennsylvania

State Police, the commission and the department shall

establish guidelines and training programs for law

enforcement officers to ensure the safety of a child upon the

arrest of a parent or guardian of the child.

(2)  The guidelines and training program shall include:

(i)  Procedures to ensure that law enforcement

officers inquire whether an arrestee has any minor or

dependent child who may be present or at another location

at the time of the arrest.

(ii)  Procedures for the proper arrangement of

temporary care for children to ensure their safety and

well-being.

(iii)  Education on how the effects of witnessing a

violent crime or other event causes emotional trauma to

children and how law enforcement officers can assist in

mitigating the long-term effects of the trauma.

§ 2504.  Program responsibilities.

The Pennsylvania State Police and the commission shall:

(1)  Use available funds to develop and maintain arrest

protocol training programs.

(2)  Oversee and coordinate the arrest protocol training

programs throughout this Commonwealth.

(3)  Regularly evaluate arrest protocol programs and make

modifications as necessary.

Section 4.  This act shall take effect in 60 days.