PRINTER'S NO. 1719
No. 1416 Session of 1991
INTRODUCED BY BLAUM, HAGARTY, CALTAGIRONE, NAHILL, KOSINSKI,
DALEY, HECKLER, ANGSTADT, KRUSZEWSKI, J. TAYLOR, CLYMER,
LaGROTTA, SEMMEL, HERMAN, ITKIN, BARLEY, FLEAGLE, DeLUCA,
LUCYK, ULIANA, PHILLIPS, VROON, BATTISTO, GERLACH, PETRONE,
WAMBACH, BELARDI, CORNELL, E. Z. TAYLOR, MELIO, HARPER,
MICHLOVIC, MICOZZIE, FARMER, STABACK, GODSHALL, GIGLIOTTI,
NOYE, STEELMAN, D. W. SNYDER, PISTELLA, GRUPPO, SERAFINI,
BUNT, CIVERA, SURRA, KING, BUTKOVITZ, STURLA, HARLEY, RITTER
AND TELEK, MAY 29, 1991
REFERRED TO COMMITTEE ON AGING AND YOUTH, MAY 29, 1991
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, adding and amending certain
3 definitions relating to child protective services.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definition of "child abuse" in section 6303
7 of Title 23 of the Pennsylvania Consolidated Statutes, added
8 December 19, 1990 (P.L. , No.206), is amended and a definition
9 is added to read:
10 § 6303. Definitions.
11 The following words and phrases when used in this chapter
12 shall have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Caregiver." The child's parent or guardian; the child's
15 stepparent; an individual residing in the same home as the
1 child; a paramour of the child's parent, guardian or stepparent;
2 a person who, either by legal authorization or consent of the
3 parent, guardian or stepparent, provides the child with
4 temporary care, supervision or control in lieu of parental care,
5 supervision and control, including, but not limited to,
6 babysitters, day-care staff persons, residential child-care
7 staff persons, and youth groups and sports and activities
8 leaders.
9 "Child abuse." Serious physical or mental injury which is
10 not explained by the available medical history as being
11 accidental, sexual abuse, sexual exploitation or serious
12 physical neglect of a child under 18 years of age if the injury,
13 abuse or neglect has been caused by the acts or omissions of the
14 child's [parents or by a person responsible for the child's
15 welfare, or any individual residing in the same home as the
16 child, or a paramour of the child's parent] caregiver. No child
17 shall be deemed to be physically or mentally abused for the sole
18 reason the child is in good faith being furnished treatment by
19 spiritual means through prayer alone in accordance with the
20 tenets and practices of a recognized church or religious
21 denomination by an accredited practitioner thereof or is not
22 provided specified medical treatment in the practice of
23 religious beliefs, or solely on the grounds of environmental
24 factors which are beyond the control of the person responsible
25 for the welfare of the child such as inadequate housing,
26 furnishings, income, clothing and medical care.
27 * * *
28 Section 2. This act shall take effect in 90 days.
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