Amendment 994 to Senate Bill 78 P.N. 0065, Regular Session 2021-2022

S0078B0065A00994 AJB:EJH 05/13/21 #90 A00994

AMENDMENTS TO SENATE BILL NO. 78

Sponsor: SENATOR BAKER

Printer's No. 65

Amend Bill, page 3, by inserting between lines 6 and 7

"Household member." A spouse or an individual who has been a

spouse, an individual living as a spouse or who lived as a

spouse, a parent or child, another individual related by

consanguinity or affinity, a current or former sexual or

intimate partner or an individual who shares biological

parenthood, currently sharing a household with the child or a

party.

Amend Bill, page 3, line 9, by striking out "an agency or"

Amend Bill, page 3, lines 9 and 10, by striking out ", who is

not a licensed professional " and inserting a comma

Amend Bill, page 3, line 14, by striking out "licensed"

Amend Bill, page 3, line 14, by striking out "monitors" and

inserting

, with education and training on the dynamics of domestic

violence, sexual assault, child abuse and the impact of domestic

violence on children, oversees

Amend Bill, page 3, line 16, by striking out "child's"

Amend Bill, page 3, line 16, by inserting after "safety"

of the child

Amend Bill, page 3, by inserting between lines 17 and 18

* * *

"Temporary housing instability." A period not to exceed six

months from the date of the last incident of abuse as determined

by a court.

Amend Bill, page 3, line 28, by inserting after "or" where it

occurs the second time

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a present

Amend Bill, page 4, line 3, by inserting after "as"

reasonably

Amend Bill, page 4, line 4, by striking out the bracket

before the period after "party"

Amend Bill, page 4, line 4, by striking out "], including:"

and inserting

The court shall include in the custody order the reason for

imposing the safety conditions, restrictions or safeguards and

an explanation why the safety conditions, restrictions or

safeguards are in the best interest of the child or the abused

party. If supervised contact is ordered, there shall be a review

of the risk of harm and need for continued supervision on at

least an annual basis. The safety conditions, restrictions or

safeguards may include any of the following:

Amend Bill, page 4, lines 11 through 21, by striking out

"Appoint a qualified professional specializing in" in line 11

and all of lines 12 through 21 and inserting

The appointment of a qualified professional specializing

in programming relating to the history of abuse or risk of

harm to provide batterer's intervention or harm prevention

programming. Batterer's intervention and harm prevention

programming may include programming designed to rehabilitate

the offending individual, including prioritizing a batterer's

intervention or harm prevention program, if available, or the

impacts of physical, sexual or domestic abuse on the victim.

The court may order an evaluation by the appointed qualified

professional under this paragraph to determine whether

additional programming is necessary.

Amend Bill, page 4, line 24, by inserting after "child"

or to protect a household member

Amend Bill, page 4, line 26, by striking out "subjected" and

inserting

abused

Amend Bill, page 4, line 27, by striking out "to abuse, the

court shall be presumed to" and inserting

, there shall be a rebuttable presumption that the court

shall

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Amend Bill, page 4, line 30; page 5, lines 1 through 5; by

striking out "unless the court makes a" in line 30 on page 4 and

all of lines 1 through 5 on page 5 and inserting

. A court may find that an indicated report for physical or

sexual abuse under Chapter 63 (relating to child protective

services) is a basis for a finding of abuse under this

subsection only after a de novo review of the circumstances

leading to the indicated report. Notwithstanding the provisions

of this subsection, the court may award an alternative form of

custody if the court finds by a preponderance of the evidence

that:

(1) the party no longer poses a risk of abuse to the

child or any other household member; and

(2) another custody arrangement is in the best interest

of the child and will not jeopardize the health and safety of

the child.

Amend Bill, page 5, line 8, by striking out "the court shall

be presumed to" and inserting

there shall be a rebuttable presumption that the court shall

Amend Bill, page 5, lines 10 through 15, by striking out

"committed the abuse unless the court makes a" in line 10 and

all of lines 11 through 15 and inserting

poses the risk of abuse. A court may find that an indicated

report for physical or sexual abuse under Chapter 63 is a basis

for a finding of abuse under this subsection only after a de

novo review of the circumstances leading to the indicated

report. Notwithstanding the provisions of this subsection, the

court may award an alternative form of custody if the court

finds by a preponderance of the evidence that:

(1) the party no longer poses a risk of abuse to the

child or any other household member; and

(2) another custody arrangement is in the best interest

of the child and will not jeopardize the health and safety of

the child.

Amend Bill, page 5, lines 25 and 26, by striking out all of

said lines

Amend Bill, page 5, line 27, by striking out the parenthesis

after "(1)"

Amend Bill, page 5, by inserting between lines 29 and 30

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(1) Which party is more likely to ensure the health and

safety of the child.

Amend Bill, page 6, line 10, by inserting after "orders"

where there has been a finding of abuse

Amend Bill, page 6, by inserting between lines 14 and 15

(2.4) The existence of a protection from abuse order

entered on consent of the parties, with no admission or

finding of abuse, if, upon review of the facts presented at

the custody hearing, the court finds that abuse occurred.

Amend Bill, page 6, line 15, by striking out "present and

past"

Amend Bill, page 6, line 15, by striking out the bracket

before "duties"

Amend Bill, page 6, lines 15 and 16, by striking out "] and

caretaker duties "

Amend Bill, page 6, line 19, by inserting after "child"

or a party

Amend Bill, page 6, line 24, by inserting after "paragraph,"

if the court finds that

Amend Bill, page 6, line 25, by inserting after "party" where

it occurs the first time

Amend Bill, page 6, line 25, by inserting after "party's"

actual and

Amend Bill, page 6, line 26, by inserting after "interest"

, the finding

Amend Bill, page 6, line 27, by striking out "well-reasoned"

Amend Bill, page 6, line 29, by striking out " abuse" and

inserting

abuse

Amend Bill, page 7, line 2, by inserting after "harm."

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A party's reasonable concerns for a child's health and

welfare and the party's reasonable efforts to protect the

child shall not be considered attempts to turn the child

against the other party. A child's deficient or negative

relationship with a party shall not be presumed to be caused

by the other party.

Amend Bill, page 7, lines 3 through 8, by striking out all of

said lines

Amend Bill, page 7, line 28, by striking out "None of the

factors in" and inserting

A factor under

Amend Bill, page 7, line 29, by inserting after "shall"

not

Amend Bill, page 7, lines 29 and 30, by striking out "that

party or the" in line 29 and all of line 30 and inserting

the circumstances related to the factor were in response to

abuse or necessary to protect the child or the abused party from

harm and the party alleging abuse does not pose a risk to the

health and safety of the child at the time of the custody

hearing. Temporary housing instability as a result of abuse

shall not be considered against the party alleging abuse.

(a.2) Determination.--No single factor under subsection

(a) shall by itself be determinative in the awarding of custody.

The court shall examine the totality of the circumstances,

giving weighted consideration to the factors that affect the

health and safety of the child, when issuing a custody order

that is in the best interest of the child.

Amend Bill, page 8, line 3, by inserting after "amended"

and the section is amended by adding a subsection

Amend Bill, page 9, line 20, by striking out "infighting" and

inserting

fighting

Amend Bill, page 10, by inserting between lines 13 and 14

(a.1) Determination.--A criminal conviction specified under

subsection (a) shall not by itself be determinative in the

awarding of custody. The court shall examine the totality of the

circumstances when issuing a custody order that is in the best

interest of the child.

Amend Bill, page 10, lines 15 and 16, by striking out all of

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said lines and inserting

Section 6. Section 5334(c) of Title 23 is amended and the

section is amended by adding a subsection to read:

Amend Bill, page 10, line 23, by inserting after "or]"

and

Amend Bill, page 10, line 25, by striking out the bracket

before the period after "appointment"

Amend Bill, page 10, lines 25 through 30; page 11, lines 1

and 2; by striking out "];" in line 25, all of lines 26 through

30 on page 10 and all of lines 1 and 2 on page 11

Amend Bill, page 11, by inserting between lines 3 and 4

(f) Education and training.--A court appointing a guardian

ad litem under this section shall make reasonable efforts to

appoint a guardian ad litem who received evidence-based

education and training relating to child abuse, including child

sexual abuse, domestic abuse education and the effect of child

sexual abuse and domestic abuse on children.

Section 7. Sections 5335(b) and 5339 of Title 23 are amended

to read:

Amend Bill, page 11, line 11, by striking out "(a) Award.--"

Amend Bill, page 11, line 14, by inserting a bracket before

the comma after "vexatious"

Amend Bill, page 11, line 14, by inserting after "vexatious,"

] or

Amend Bill, page 11, line 14, by inserting a bracket before

"or"

Amend Bill, page 11, line 14, by inserting a bracket after

"faith"

Amend Bill, page 11, lines 17 through 23, by striking out all

of said lines

Amend Bill, page 11, line 24, by striking out "7" and

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inserting

Amend Bill, page 11, lines 27 through 30; page 12, lines 1

through 12; by striking out all of said lines on said pages and

inserting

(a) Program.--The Administrative Office of Pennsylvania

Courts may develop and implement an ongoing education and

training program for judges, magisterial district judges and

relevant court personnel, including guardians ad litem, counsel

for children, masters and mediators regarding child abuse. The

education and training program shall include all aspects of the

maltreatment of children, including all of the following:

(1) Sexual abuse.

(2) Physical abuse.

(3) Implicit and explicit bias.

(4) Trauma and neglect.

(5) The impact of child abuse and domestic violence on

children.

(b) Best practices.--The education and training program

under subsection (a) shall include the latest best practices

from evidence-based, peer-reviewed research by recognized

experts in the types of child abuse specified under subsection

(a). The Administrative Office of Pennsylvania Courts shall

design the education and training program under subsection (a)

to educate and train relevant court personnel on all of the

factors listed under 23 Pa.C.S. § 5328(a) (relating to factors

to consider when awarding custody) and improve the ability of

courts to make appropriate custody decisions that are in the

best interest of the child, including education and training

regarding the impact of child abuse, domestic abuse and trauma

on a victim, specifically a child, and situations when one party

attempts to turn a child against another party.

Amend Bill, page 12, line 13, by striking out "8" and

inserting

Amend Bill, page 12, line 13, by striking out "60" and

inserting

120

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