1Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, in child custody, further providing for factors to
4consider when awarding custody; providing for consideration
5of child abuse and involvement with child protective
6services; in child protective services, further providing for
7release of information in confidential reports; and in
8juvenile matters, further providing for inspection of court
9files and records.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Section 5328(a) of Title 23 of the Pennsylvania
13Consolidated Statutes is amended by adding a paragraph to read:

14§ 5328. Factors to consider when awarding custody.

15(a) Factors.--In ordering any form of custody, the court 
16shall determine the best interest of the child by considering 
17all relevant factors, giving weighted consideration to those 
18factors which affect the safety of the child, including the 
19following:

20* * *

1(2.1) The information set forth in section 5329.1(a)(1)
2and (2) (relating to consideration of child abuse and
3involvement with child protective services).

4* * *

5Section 2. Title 23 is amended by adding a section to read:

6§ 5329.1. Consideration of child abuse and involvement with
7child protective services.

8(a) Information sharing.--In accordance with section 6340(a)
9(5.1) (relating to release of information in confidential
10reports), where a party seeks any form of custody, the court
11shall determine:

12(1) With respect to child abuse under Chapter 63
13(relating to child protective services) or a child who is a
14victim of a crime under 18 Pa.C.S. (relating to crimes and
15offenses) which would constitute abuse under Chapter 63:

16(i) Whether the child is the subject of an indicated
17or founded report of child abuse.

18(ii) Whether a party or a member of the party's
19household has been identified as the perpetrator in an
20indicated or founded report of child abuse.

21(iii) The date and circumstances of the child abuse.

22(iv) The jurisdiction where the child abuse
23investigation took place.

24(2) With respect to general protective services under
25Chapter 63:

26(i) Whether a party or a member of a party's
27household has been provided general protective services.

28(ii) The type of services provided.

29(iii) The circumstances surrounding the provision of
30services.

1(iv) Whether the services were effective.

2(v) The date the services were provided.

3(vi) The jurisdiction where the services were
4provided.

5(b) Cooperation.--The following apply:

6(1) The Department of Public Welfare shall fully
7cooperate with the court and assist the court in fulfilling
8its duties under this section.

9(2) The Department of Public Welfare shall fully
10cooperate with the governing authority in order to implement
11the provisions of this section.

12(3) The governing authority shall develop procedures to
13implement the provisions of this section.

14(4) As used in this subsection, the term "governing
15authority" shall have the meaning given to it in 42 Pa.C.S. §
16102 (relating to definitions).

17Section 3. Section 6340(a)(5.1) of Title 23 is amended to
18read:

19§ 6340. Release of information in confidential reports.

20(a) General rule.--Reports specified in section 6339
21(relating to confidentiality of reports) shall only be made
22available to:

23* * *

24(5.1) A court of common pleas in connection with any
25matter involving custody of a child[. The department shall
26provide to the court any reports and files which the court
27considers relevant.] as set forth in sections 5328 (relating 
28to factors to consider when awarding custody) and 5329.1 
29(relating to consideration of child abuse and involvement 
30with child protective services).

1* * *

2Section 4. Section 6307(a) of Title 42 is amended by adding
3a paragraph to read:

4§ 6307. Inspection of court files and records.

5(a) General rule.--All files and records of the court in a
6proceeding under this chapter are open to inspection only by:

7* * *

8(4.1) A court in determining custody, as provided in 23
9Pa.C.S. §§ 5328 (relating to factors to consider when
10awarding custody) and 5329.1 (relating to consideration of
11child abuse and involvement with child protective services).

12* * *

13Section 5. This act shall take effect in 60 days.