SENATE AMENDED
PRIOR PRINTER'S NOS. 1165, 3110 PRINTER'S NO. 4215
No. 1023 Session of 1989
INTRODUCED BY LASHINGER, HAGARTY, McVERRY, VEON, GRUITZA, REBER,
PICCOLA, MOEHLMANN, HECKLER, HAYDEN AND RITTER, APRIL 5, 1989
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, OCTOBER 3, 1990
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, adding provisions relating to domestic
3 relations; making conforming amendments to Titles 18 and 42;
4 and repealing certain acts and parts of acts supplied by the
5 act or otherwise obsolete.
6 TABLE OF CONTENTS
7 TITLE 23
8 DOMESTIC RELATIONS
9 PART I. GENERAL PROVISIONS
10 Chapter 1. Preliminary Provisions
11 § 101. Short title of title.
12 § 102. Definitions.
13 PART II. MARRIAGE
14 Chapter 11. Preliminary Provisions
15 § 1101. Short title of part.
16 § 1102. Definitions.
17 § 1103. Common-law marriage.
18 § 1104. Forms.
19 § 1105. Fees.
1 § 1106. Records and statistics.
2 Chapter 13. Marriage License
3 § 1301. Marriage license required.
4 § 1302. Application for license.
5 § 1303. Waiting period after application.
6 § 1304. Restrictions on issuance of license.
7 § 1305. Examination and tests for syphilis.
8 § 1306. Oral examination.
9 § 1307. Issuance of license.
10 § 1308. Judicial review of refusal to issue license.
11 § 1309. Filing applications and consent certificates.
12 § 1310. Duration and form of license.
13 Chapter 15. Marriage Ceremony
14 § 1501. Form of marriage certificates.
15 § 1502. Forms where parties perform ceremony.
16 § 1503. Persons qualified to solemnize marriages.
17 § 1504. Returns of marriages.
18 Chapter 17. Miscellaneous Provisions Relating to Marriage
19 § 1701. Decree that spouse of applicant is presumed decedent.
20 § 1702. Marriage during existence of former marriage.
21 § 1703. Marriage within degree of consanguinity.
22 Chapter 19. Abolition of Actions for Alienation of Affections
23 and Breach of Promise to Marry
24 § 1901. Actions for alienation of affections abolished.
25 § 1902. Actions for breach of promise to marry abolished.
26 § 1903. Purpose of chapter.
27 § 1904. Filing or threatening to file actions prohibited.
28 § 1905. Instruments executed in satisfaction of abolished
29 claims prohibited.
30 PART III. ADOPTION
19890H1023B4215 - 2 -
1 Chapter 25. Proceedings Prior to Petition to Adopt
2 Subchapter E. Pennsylvania Adoption Cooperative Exchange
3 § 2551. Definitions.
4 § 2552. Pennsylvania Adoption Cooperative Exchange.
5 § 2553. Registration of children.
6 § 2554. Responsibilities of PACE.
7 § 2555. Responsibilities of public and private agencies.
8 § 2556. Related activities of agencies unaffected.
9 § 2557. Regulations and staff.
10 § 2558. Retroactive application of subchapter.
11 PART IV. DIVORCE
12 Chapter 31. Preliminary Provisions
13 § 3101. Short title of part.
14 § 3102. Legislative findings and intent.
15 § 3103. Definitions.
16 § 3104. Bases of jurisdiction.
17 § 3105. Effect of agreement between parties.
18 Chapter 33. Dissolution of Marital Status
19 Subchapter A. General Provisions
20 § 3301. Grounds for divorce.
21 § 3302. Counseling.
22 § 3303. Annulment of void and voidable marriages.
23 § 3304. Grounds for annulment of void marriages.
24 § 3305. Grounds for annulment of voidable marriages.
25 § 3306. Proceedings to determine marital status.
26 § 3307. Defenses.
27 § 3308. Action where defendant suffering from mental disorder.
28 § 3309. General appearance and collusion.
29 Subchapter B. Procedure
30 § 3321. Hearing by master.
19890H1023B4215 - 3 -
1 § 3322. Jury trial.
2 § 3323. Decree of court.
3 Subchapter C. Attacks Upon Decrees
4 § 3331. Limitations on attacks upon decrees.
5 § 3332. Opening or vacating decrees.
6 § 3333. Res judicata and estoppel.
7 Chapter 35. Property Rights
8 § 3501. Definitions.
9 § 3502. Equitable division of marital property.
10 § 3503. Effect of divorce on property rights generally.
11 § 3504. Disposition of property after termination of marriage.
12 § 3505. Disposition of property to defeat obligations.
13 § 3506. Statement of reasons for distribution.
14 § 3507. Division of entireties property between divorced
15 persons.
16 § 3508. Conveyance of entireties property to divorced spouse.
17 Chapter 37. Alimony and Support
18 § 3701. Alimony.
19 § 3702. Alimony pendente lite, counsel fees and expenses.
20 § 3703. Enforcement of arrearages.
21 § 3704. Payment of support, alimony and alimony pendente lite.
22 § 3705. Enforcement of foreign decrees.
23 § 3706. Bar to alimony.
24 § 3707. Effect of death of either party.
25 PART V. SUPPORT, PROPERTY AND CONTRACTS
26 Chapter 41. General Provisions
27 § 4101. Liability for debts contracted before marriage.
28 § 4102. Proceedings in case of debts contracted for
29 necessaries.
30 § 4103. (Reserved)
19890H1023B4215 - 4 -
1 § 4104. Right of married person to separate earnings.
2 § 4105. Loans between married persons.
3 § 4106. Construction of chapter.
4 Chapter 43. Support Matters Generally
5 Subchapter D. Proceedings Against Entireties Property
6 § 4361. Execution of support order against entireties property.
7 § 4362. Plaintiff's share of proceeds of sale.
8 § 4363. Trustee to distribute proceeds of sale.
9 § 4364. Credit to plaintiff who purchases property.
10 § 4365. Rights of divorced person in entireties property sold
11 for support.
12 § 4366. Other enforcement remedies preserved.
13 PART VI. CHILDREN AND MINORS
14 Chapter 51. General Provisions
15 § 5101. Attainment of full age.
16 § 5102. Children declared to be legitimate.
17 § 5103. Acknowledgment and claim of paternity.
18 § 5104. Blood tests to determine paternity.
19 Chapter 53. Custody
20 Subchapter B. Child Custody Jurisdiction
21 § 5341. Short title of subchapter.
22 § 5342. Purposes and construction of subchapter.
23 § 5343. Definitions.
24 § 5344. Jurisdiction.
25 § 5345. Notice and opportunity to be heard.
26 § 5346. Notice to persons outside this Commonwealth; submission
27 to jurisdiction.
28 § 5347. Simultaneous proceedings in other states.
29 § 5348. Inconvenient forum.
30 § 5349. Jurisdiction declined by reason of conduct.
19890H1023B4215 - 5 -
1 § 5350. Information under oath to be submitted to the court.
2 § 5351. Additional parties.
3 § 5352. Appearance of parties and the child.
4 § 5353. Binding force and res judicata effect of custody
5 decree.
6 § 5354. Recognition of out-of-State custody decrees.
7 § 5355. Modification of custody decree of another state.
8 § 5356. Filing and enforcement of custody decree of another
9 state.
10 § 5357. Registry of out-of-State custody decrees and
11 proceedings.
12 § 5358. Certified copies of custody decree.
13 § 5359. Taking testimony in another state.
14 § 5360. Hearings and studies in another state; orders to
15 appear.
16 § 5361. Assistance to courts of other states.
17 § 5362. Preservation of documents for use in other states.
18 § 5363. Request for court records of another state.
19 § 5364. Intrastate application.
20 § 5365. International application.
21 § 5366. Priority.
22 Chapter 55. Liability for Tortious Acts of Children
23 § 5501. Definitions.
24 § 5502. Liability of parents.
25 § 5503. Establishing liability in criminal or juvenile
26 proceedings.
27 § 5504. Establishing liability in civil proceedings.
28 § 5505. Monetary limits of liability.
29 § 5506. Double recovery for same injury prohibited.
30 § 5507. Indemnity or contribution from child prohibited.
19890H1023B4215 - 6 -
1 § 5508. Liability of parent not having custody or control of
2 child.
3 § 5509. Other liability of parent or child unaffected.
4 PART VII. ABUSE OF FAMILY
5 Chapter 61. Protection From Abuse
6 § 6101. Short title of chapter.
7 § 6102. Definitions.
8 § 6103. Effect of departure to avoid abuse.
9 § 6104. Registration of order.
10 § 6105. Responsibilities of local law enforcement agencies.
11 § 6106. Commencement of proceedings.
12 § 6107. Hearings.
13 § 6108. Relief.
14 § 6109. Service of orders.
15 § 6110. Emergency relief by minor judiciary.
16 § 6111. Domestic violence counselor/advocate.
17 § 6112. Disclosure of addresses.
18 § 6113. Arrest for violation of order.
19 § 6114. Contempt for violation of order or agreement.
20 § 6115. Reporting abuse and immunity.
21 § 6116. Confidentiality.
22 § 6117. Procedure and other remedies.
23 Chapter 63. Child Protective Services
24 Subchapter A. Preliminary Provisions
25 § 6301. Short title of chapter.
26 § 6302. Finding and purpose of chapter.
27 § 6303. Definitions.
28 Subchapter B. Reporting Suspected Child Abuse
29 § 6311. Persons required to report suspected child abuse.
30 § 6312. Persons permitted to report suspected child abuse.
19890H1023B4215 - 7 -
1 § 6313. Reporting procedure.
2 § 6314. Photographs and X-rays of child subject to report.
3 § 6315. Taking child into protective custody.
4 § 6316. Admission to private and public hospitals.
5 § 6317. Reporting and postmortem investigation of deaths.
6 § 6318. Immunity from liability.
7 § 6319. Penalties for failure to report.
8 Subchapter C. Powers and Duties of Department
9 § 6331. Establishment of pending complaint file and Statewide
10 central register.
11 § 6332. Establishment of Statewide toll-free telephone number.
12 § 6333. Continuous availability of department.
13 § 6334. Disposition of complaints received.
14 § 6335. Information in pending complaint file.
15 § 6336. Information in Statewide central register.
16 § 6337. Disposition of unfounded reports.
17 § 6338. Disposition of founded and indicated reports.
18 § 6339. Confidentiality of reports.
19 § 6340. Release of information in confidential reports.
20 § 6341. Amendment, sealing or expungement of information.
21 § 6342. Studies of data in records.
22 § 6343. Investigating performance of child protective service.
23 § 6344. Information relating to prospective child-care
24 personnel.
25 § 6345. Audits by Attorney General.
26 § 6346. Cooperation of other agencies.
27 § 6347. Annual reports to Governor and General Assembly.
28 § 6348. Regulations.
29 § 6349. Penalties.
30 Subchapter D. Organization and Responsibilities of Child
19890H1023B4215 - 8 -
1 Protective Service
2 § 6361. Organization of child protective service.
3 § 6362. Responsibilities of child protective service.
4 § 6363. Local plan for child protective services.
5 § 6364. Purchasing services of other agencies.
6 § 6365. Services for prevention and treatment of child abuse.
7 § 6366. Continuous availability to receive reports.
8 § 6367. Reports to department and coroner.
9 § 6368. Investigation of reports.
10 § 6369. Taking child into protective custody.
11 § 6370. Services for protection of child at home or in custody.
12 § 6371. Rehabilitative services for child and family.
13 § 6372. Protecting well-being of children maintained outside
14 home.
15 Subchapter E. Miscellaneous Provisions
16 § 6381. Evidence in court proceedings.
17 § 6382. Guardian ad litem for child in court proceedings.
18 § 6383. Education and training.
19 § 6384. Legislative oversight.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Part IX of Title 23 of the Pennsylvania
23 Consolidated Statutes is repealed.
24 Section 2. Title 23 is amended by adding parts, chapters or
25 subchapters to read:
26 TITLE 23
27 DOMESTIC RELATIONS
28 Part
29 I. General Provisions
30 II. Marriage
19890H1023B4215 - 9 -
1 III. Adoption
2 IV. Divorce
3 V. Support, Property and Contracts
4 VI. Children and Minors
5 VII. Abuse of Family
6 PART I
7 GENERAL PROVISIONS
8 Chapter
9 1. Preliminary Provisions
10 CHAPTER 1
11 PRELIMINARY PROVISIONS
12 Sec.
13 101. Short title of title.
14 102. Definitions.
15 § 101. Short title of title.
16 This title shall be known and may be cited as the Domestic
17 Relations Code.
18 § 102. Definitions.
19 (a) General rule.--Subject to additional definitions
20 contained in subsequent provisions of this title which are
21 applicable to specific provisions of this title, the following
22 words and phrases when used in this title shall have the
23 meanings given to them in this subsection unless the context
24 clearly indicates otherwise:
25 "Clerk of court" or "clerk." The personnel of the office of
26 the prothonotary or clerk of the division of the court having
27 jurisdiction over the matter.
28 "Court." The court or district justice having jurisdiction
29 over the matter under Title 42 (relating to judiciary and
30 judicial procedure) exercised as provided in Title 42 or as
19890H1023B4215 - 10 -
1 otherwise provided or prescribed by law.
2 (b) Title 42 definitions.--Subject to additional definitions
3 contained in subsequent provisions of this title which are
4 applicable to specific provisions of this title, words and
5 phrases not defined in subsection (a) which are defined in 42
6 Pa.C.S. § 102 (relating to definitions) when used in this title
7 shall have the meanings given to them in Title 42 unless the
8 context clearly indicates otherwise.
9 PART II
10 MARRIAGE
11 Chapter
12 11. Preliminary Provisions
13 13. Marriage License
14 15. Marriage Ceremony
15 17. Miscellaneous Provisions Relating to Marriage
16 19. Abolition of Actions for Alienation of Affections and
17 Breach of Promise to Marry
18 CHAPTER 11
19 PRELIMINARY PROVISIONS
20 Sec.
21 1101. Short title of part.
22 1102. Definitions.
23 1103. Common-law marriage.
24 1104. Forms.
25 1105. Fees.
26 1106. Records and statistics.
27 § 1101. Short title of part.
28 This part shall be known and may be cited as the Marriage
29 Law.
30 § 1102. Definitions.
19890H1023B4215 - 11 -
1 The following words and phrases when used in this part shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Department." The Department of Health of the Commonwealth.
5 "Marriage license" or "license." A license to marry issued
6 under this part.
7 § 1103. Common-law marriage.
8 This part shall not be construed to change the existing law
9 with regard to common-law marriage.
10 § 1104. Forms.
11 Marriage license applications, consent certificates, marriage
12 licenses and other necessary forms shall be supplied at the
13 expense of the county and shall be uniform throughout this
14 Commonwealth as prescribed by the department. Statements of
15 physicians and laboratories relative to examinations for
16 syphilis shall be prepared and furnished by the department.
17 § 1105. Fees.
18 (a) General rule.--The fee to be charged for issuing a
19 marriage license or declaration and for returns thereof to the
20 department shall be $3 of which $2.50 shall be retained by the
21 county wherein the license is issued and 50¢ shall be remitted
22 to the Commonwealth.
23 (b) Transmitting Commonwealth moneys.--All moneys collected
24 under this section for the Commonwealth shall be transmitted to
25 the State Treasurer no later than the tenth day of the following
26 month.
27 § 1106. Records and statistics.
28 (a) Filing transcript or record.--The county shall furnish
29 the department, not later than the 15th day of each month, with
30 a transcript or record of each marriage license issued and each
19890H1023B4215 - 12 -
1 return of the celebration of a marriage received or filed during
2 the preceding calendar month.
3 (b) Forms.--The transcripts or records required to be
4 furnished shall be made on forms prepared and furnished by the
5 department and shall contain such information as the department
6 may require.
7 (c) Confidentiality.--The records furnished to the
8 department under this section shall not be open to public
9 inspection except as authorized by the regulations of the
10 Advisory Health Board.
11 (d) Statistics.--The department shall from time to time
12 compile and publish statistics derived from records furnished
13 under this section.
14 CHAPTER 13
15 MARRIAGE LICENSE
16 Sec.
17 1301. Marriage license required.
18 1302. Application for license.
19 1303. Waiting period after application.
20 1304. Restrictions on issuance of license.
21 1305. Examination and tests for syphilis.
22 1306. Oral examination.
23 1307. Issuance of license.
24 1308. Judicial review of refusal to issue license.
25 1309. Filing applications and consent certificates.
26 1310. Duration and form of license.
27 § 1301. Marriage license required.
28 (a) General rule.--No person shall be joined in marriage in
29 this Commonwealth until a marriage license has been obtained.
30 (b) Place of marriage ceremony.--A license issued under this
19890H1023B4215 - 13 -
1 part shall authorize a marriage ceremony to be performed in any
2 county of this Commonwealth.
3 (c) Identity of applicants.--Prior to issuance of the
4 license, the person issuing the license must be satisfied as to
5 the identity of both of the applicants.
6 § 1302. Application for license.
7 (a) General rule.--No marriage license shall be issued
8 except upon written and verified application made by both of the
9 parties intending to marry.
10 (b) Contents.--The application shall contain the following:
11 (1) The full name of the applicants.
12 (2) The race, occupation, birthplace, residence and age
13 of the applicants.
14 (3) Whether the marriage contemplated is the first,
15 second or other marriage of an applicant.
16 (4) A statement that neither of the applicants is
17 afflicted with transmissible disease.
18 (5) The full name, residence, race, occupation and
19 birthplace of the parents of each applicant, including the
20 maiden name of the mother of each applicant.
21 (6) Any other facts necessary to determine whether a
22 legal impediment to the proposed marriage exists.
23 § 1303. Waiting period after application.
24 (a) General rule.--No marriage license shall be issued prior
25 to the third day following the making of application therefor.
26 (b) Exception.--In case of emergency or extraordinary
27 circumstances, the court may authorize a license to be issued at
28 any time after the making of the application.
29 § 1304. Restrictions on issuance of license.
30 (a) Examinations and tests for syphilis.--No marriage
19890H1023B4215 - 14 -
1 license shall be issued until there has been compliance with
2 section 1305 (relating to examination and tests for syphilis).
3 (b) Minors.--
4 (1) No marriage license may be issued if either of the
5 applicants for a license is under 16 years of age unless the
6 court decides that it is to the best interest of the
7 applicant and authorizes the issuance of the license.
8 (2) No marriage license may be issued if either of the
9 applicants is under 18 years of age unless the consent of a
10 parent or guardian of the applicant is personally given
11 before the person issuing the license or is certified under
12 the hand of a parent or guardian attested by two adult
13 witnesses and, in the latter case, the signature of the
14 parent or guardian is acknowledged before an officer
15 authorized by law to take acknowledgments. When the minor has
16 no guardian and a judge of the court is absent or not
17 accessible for any reason, the office issuing the license may
18 appoint a guardian pro hac vice for the minor.
19 (c) Incompetent persons.--No marriage license may be issued
20 if either of the applicants for a license is weak-minded,
21 insane, of unsound mind or is under guardianship as a person of
22 unsound mind unless the court decides that it is for the best
23 interest of the applicant and the general public to issue the
24 license and authorizes the issuance of the license.
25 (d) Persons under influence of alcohol or drugs.--No
26 marriage license may be issued if, at the time of making
27 application, either of the applicants is under the influence of
28 alcohol or drugs.
29 (e) Marriage to relatives.--No marriage license may be
30 issued to applicants within the prohibited degrees of
19890H1023B4215 - 15 -
1 consanguinity which are as follows:
2 A man may not marry his mother.
3 A man may not marry the sister of his father.
4 A man may not marry the sister of his mother.
5 A man may not marry his sister.
6 A man may not marry his daughter.
7 A man may not marry the daughter of his son or daughter.
8 A man may not marry his first cousin.
9 A woman may not marry her father.
10 A woman may not marry the brother of her father.
11 A woman may not marry the brother of her mother.
12 A woman may not marry her brother.
13 A woman may not marry her son.
14 A woman may not marry the son of her son or daughter.
15 A woman may not marry her first cousin.
16 § 1305. Examination and tests for syphilis.
17 (a) General rule.--No marriage license may be issued until
18 there has been filed a statement or statements, signed by a
19 licensed physician of this Commonwealth or of any other state or
20 territory, a commissioned medical officer in the armed forces of
21 the United States or a physician of the Public Health Service of
22 the Federal Government, that each applicant within 30 days of
23 the issuance of the marriage license has submitted to an
24 examination to determine the existence or nonexistence of
25 syphilis, which examination has included a standard serological
26 test or tests for syphilis, and that, in the opinion of the
27 examining physician, the applicant is not infected with syphilis
28 or, if so infected, is not in a stage of that disease which is
29 likely to become communicable. The statement of the physician
30 shall be accompanied by a statement from the person in charge of
19890H1023B4215 - 16 -
1 the laboratory making the test or from some other person
2 authorized to make the statement setting forth the name of the
3 test, the date the test was made, the exact name and address of
4 the physician to whom a report was sent and the exact name and
5 address of the person whose blood was tested and any other facts
6 the department deems necessary to determine whether the
7 applicant is infected with syphilis in a stage of that disease
8 likely to become communicable. The statement from the laboratory
9 shall not set forth the result of the test.
10 (b) Authorization and payment.--For the purpose of this
11 section, a standard serological test for syphilis shall be a
12 test approved by the department and shall be made at a
13 laboratory approved by the department to make such tests.
14 Laboratory tests required to be made by this section shall, upon
15 request of the physician submitting the sample and certification
16 of the physician that the applicant is unable to pay, be made
17 without charge by the department.
18 (c) Administrative review of denial of statement.--Any
19 applicant for a marriage license having been denied a
20 physician's statement as required by this section shall have the
21 right of appeal to the department for a review of the case, and
22 the department shall, after appropriate investigation, issue or
23 refuse to issue a statement in lieu of the physician's statement
24 required by subsection (a).
25 (d) Forms and confidentiality.--The statements of the
26 physician who examined the applicant and the laboratory which
27 made the serological test shall be uniform throughout this
28 Commonwealth and shall be upon forms provided by the department.
29 These forms shall be filed separately from the applications for
30 marriage licenses and shall be regarded as absolutely
19890H1023B4215 - 17 -
1 confidential by every person whose duty it may be to obtain,
2 make, transmit or receive the information or report.
3 § 1306. Oral examination.
4 Each of the applicants for a marriage license shall appear in
5 person and shall be examined under oath or affirmation as to:
6 (1) The legality of the contemplated marriage.
7 (2) Any prior marriage or marriages and its or their
8 dissolution.
9 (3) The restrictions set forth in section 1304 (relating
10 to restrictions on issuance of license).
11 (4) All the information required to be furnished on the
12 application for license as prepared and approved by the
13 department.
14 § 1307. Issuance of license.
15 The marriage license shall be issued if it appears from
16 properly completed applications on behalf of each of the parties
17 to the proposed marriage that there is no legal objection to the
18 marriage. Except as provided by section 1303(b) (relating to
19 waiting period after application), the license shall not be
20 issued prior to the third day following the date of the most
21 recent of the two applications therefor.
22 § 1308. Judicial review of refusal to issue license.
23 (a) Certifying proceedings to court.--If the issuance of a
24 marriage license is refused, upon request of the applicants, the
25 proceedings shall immediately be certified to the court without
26 formality or expense to the applicants.
27 (b) Prompt hearing.--The application for a marriage license
28 shall be heard by a judge of the court, without a jury, in court
29 or in chambers at the earliest possible time.
30 § 1309. Filing applications and consent certificates.
19890H1023B4215 - 18 -
1 The applications for marriage licenses and consent
2 certificates shall be immediately filed and docketed as public
3 records.
4 § 1310. Duration and form of license.
5 The marriage license shall not be valid for a longer period
6 than 60 days from the date of issue and shall be in
7 substantially the following form:
8 Commonwealth of Pennsylvania
9 ss: No. ....
10 County of (name)
11 To any person authorized by law to solemnize marriage:
12 You are hereby authorized to join together in holy state
13 of matrimony, according to the laws of the Commonwealth of
14 Pennsylvania, (name) and (name).
15 Given under my hand and seal of the Court of Common Pleas
16 of (name), at (city, borough or town), on (date).
17 Signed ..............................
18 (Official Title)
19 CHAPTER 15
20 MARRIAGE CEREMONY
21 Sec.
22 1501. Form of marriage certificates.
23 1502. Forms where parties perform ceremony.
24 1503. Persons qualified to solemnize marriages.
25 1504. Returns of marriages.
26 § 1501. Form of marriage certificates.
27 The marriage license shall have appended to it two
28 certificates, numbered to correspond with the license (one
29 marked original and one marked duplicate), which shall be in
30 substantially the following form:
19890H1023B4215 - 19 -
1 I hereby certify that on (date), at (city, borough or
2 town), Pennsylvania, (name) and (name) were by me united in
3 marriage, in accordance with license issued by the Court of
4 Common Pleas of (name) numbered .....
5 Signed ..............................
6 (Title of person solemnizing marriage)
7 Address ..............................
8 § 1502. Forms where parties perform ceremony.
9 (a) Declaration of authorization.--In all cases in which the
10 parties intend to solemnize their marriage by religious ceremony
11 without officiating clergy, the marriage shall not take place
12 until their right so to do is certified in a declaration in
13 substantially the following form:
14 Commonwealth of Pennsylvania
15 ss: No. ....
16 County of (name)
17 To (name) and (name)
18 Legal evidence having been furnished to me, in accordance
19 with law, this certifies that I am satisfied that there is no
20 legal impediment to you joining yourselves together in
21 marriage.
22 Signed ..............................
23 (Official Title)
24 (b) Marriage certificates.--In lieu of the certificate set
25 forth in section 1501 (relating to form of marriage
26 certificates), there shall be appended to the declaration two
27 certificates, numbered to correspond to the declaration, in the
28 following form:
29 We hereby certify that on (date), we united ourselves in
30 marriage, at (city, borough or town), County of (name),
19890H1023B4215 - 20 -
1 Pennsylvania, having first obtained from the Court of Common
2 Pleas of (name) a declaration numbered .... that the court
3 was satisfied that there was no existing legal impediment to
4 our so doing.
5 Signed ..............................
6 Signed ..............................
7 We, the undersigned, were present at the solemnization of
8 the marriage of (name) and (name), as set forth in the
9 foregoing certificate.
10 Signed ..............................
11 Signed ..............................
12 § 1503. Persons qualified to solemnize marriages.
13 (a) General rule.--The following are authorized to solemnize
14 marriages between persons that produce a marriage license issued
15 under this part:
16 (1) A justice, judge or district justice of this
17 Commonwealth.
18 (2) A former or retired justice, judge or district
19 justice of this Commonwealth who is serving as a senior judge
20 or senior district justice as provided or prescribed by law.
21 (3) An active or senior judge or full-time magistrate of
22 the District Courts of the United States for the Eastern,
23 Middle or Western Districts of Pennsylvania.
24 (4) An active or senior judge of the United States Court
25 of Appeals for the Third Circuit who is a resident of this
26 Commonwealth.
27 (5) A mayor of any city or borough of this Commonwealth.
28 (6) A minister, priest or rabbi of any regularly
29 established church or congregation.
30 (b) Religious organizations.--Every religious society,
19890H1023B4215 - 21 -
1 religious institution or religious organization in this
2 Commonwealth may join persons together in marriage when at least
3 one of the persons is a member of the society, institution or
4 organization, according to the rules and customs of the society,
5 institution or organization.
6 (c) Marriage license needed to officiate.--No person or
7 religious organization qualified to perform marriages shall
8 officiate at a marriage ceremony without the parties having
9 obtained a marriage license issued under this part.
10 § 1504. Returns of marriages.
11 (a) General rule.--The original marriage certificate shall
12 be signed by the person solemnizing the marriage and given to
13 the parties contracting the marriage. The duplicate certificate
14 shall be signed by the person or by a member of the religious
15 society, institution or organization solemnizing the marriage
16 and returned for recording within ten days to the court which
17 issued the license.
18 (b) Marriage performed by parties.--If the marriage was
19 solemnized by the parties themselves, the original certificate
20 shall be signed by the parties to the marriage, attested by two
21 witnesses and retained by the parties contracting the marriage.
22 The duplicate certificate shall be signed by the parties to the
23 marriage, attested by the same two witnesses and returned for
24 recording within ten days to the court issuing the license.
25 CHAPTER 17
26 MISCELLANEOUS PROVISIONS RELATING TO MARRIAGE
27 Sec.
28 1701. Decree that spouse of applicant is presumed decedent.
29 1702. Marriage during existence of former marriage.
30 1703. Marriage within degree of consanguinity.
19890H1023B4215 - 22 -
1 § 1701. Decree that spouse of applicant is presumed decedent.
2 (a) Finding of death.--When the spouse of an applicant for a
3 marriage license has disappeared or is absent from the place of
4 residence of the spouse without being heard of after diligent
5 inquiry, the court, aided by the report of a master if
6 necessary, upon petition of the applicant for a marriage
7 license, may make a finding and decree that the absentee is dead
8 and the date of death if notice to the absentee has been given
9 as provided in subsection (d) and either of the applicants is
10 and for one year or more prior to the application has been a
11 resident of this Commonwealth.
12 (b) Presumption from absence.--When the death of the spouse
13 of an applicant for a marriage license is in issue, the
14 unexplained absence from the last known place of residence and
15 the fact that the absentee has been unheard of for seven years
16 may be sufficient ground for finding that the absentee died
17 seven years after the absentee was last heard from.
18 (c) Exposure to specific peril.--The fact that an absentee
19 spouse was exposed to a specific peril of death may be a
20 sufficient ground for finding that the absentee died less than
21 seven years after the absentee was last heard from.
22 (d) Notice to absentee.--The court may require advertisement
23 in any newspapers as the court, according to the circumstances
24 of the case, deems advisable of the fact of the application for
25 the marriage license together with notice that at a specified
26 time and place the court, or a master appointed by the court,
27 will hear evidence concerning the alleged absence, including the
28 circumstances and duration thereof.
29 (e) Remarriage after decree of presumed death.--Even though
30 the absentee spouse declared to be presumed dead is in fact
19890H1023B4215 - 23 -
1 alive, the remarriage of the spouse who has obtained a license
2 to marry and a decree of presumed death of the former spouse
3 shall be valid for all purposes as though the former marriage
4 had been terminated by divorce, and all property of the presumed
5 decedent shall be administered and disposed of as provided by
6 Title 20 (relating to decedents, estates and fiduciaries).
7 § 1702. Marriage during existence of former marriage.
8 (a) General rule.--If a married person, during the lifetime
9 of the other person with whom the marriage is in force, enters
10 into a subsequent marriage pursuant to the requirements of this
11 part and the parties to the marriage live together thereafter as
12 husband and wife, and the subsequent marriage was entered into
13 by one or both of the parties in good faith in the full belief
14 that the former spouse was dead or that the former marriage has
15 been annulled or terminated by a divorce, or without knowledge
16 of the former marriage, they shall, after the impediment to
17 their marriage has been removed by the death of the other party
18 to the former marriage or by annulment or divorce, if they
19 continue to live together as husband and wife in good faith on
20 the part of one of them, be held to have been legally married
21 from and immediately after the date of death or the date of the
22 decree of annulment or divorce.
23 (b) False rumor of death of spouse.--Where a remarriage has
24 occurred upon false rumor of the death of a former spouse in
25 appearance well-founded but there has been no decree of presumed
26 death, the remarriage shall be void and subject to annulment by
27 either party to the remarriage as provided by section 3304
28 (relating to grounds for annulment of void marriages), and the
29 returning spouse shall have cause for divorce as provided in
30 section 3301 (relating to grounds for divorce).
19890H1023B4215 - 24 -
1 (c) Criminal penalties.--Where the remarriage was entered
2 into in good faith, neither party to the remarriage shall be
3 subject to criminal prosecution for bigamy.
4 § 1703. Marriage within degree of consanguinity.
5 All marriages within the prohibited degrees of consanguinity
6 as set forth in this part are voidable, but, when any of these
7 marriages have not been dissolved during the lifetime of the
8 parties, the unlawfulness of the marriage shall not be inquired
9 into after the death of either of the parties to the marriage.
10 CHAPTER 19
11 ABOLITION OF ACTIONS FOR ALIENATION OF AFFECTIONS
12 AND BREACH OF PROMISE TO MARRY
13 Sec.
14 1901. Actions for alienation of affections abolished.
15 1902. Actions for breach of promise to marry abolished.
16 1903. Purpose of chapter.
17 1904. Filing or threatening to file actions prohibited.
18 1905. Instruments executed in satisfaction of abolished
19 claims prohibited.
20 § 1901. Actions for alienation of affections abolished.
21 (a) General rule.--All civil causes of action for alienation
22 of affections of husband or wife are abolished.
23 (b) Exception.--Subsection (a) does not apply to cases where
24 the defendant is a parent, brother or sister or a person
25 formerly in loco parentis to the spouse of plaintiff.
26 § 1902. Actions for breach of promise to marry abolished.
27 All causes of action for breach of contract to marry are
28 abolished.
29 § 1903. Purpose of chapter.
30 (a) General rule.--No act done within this Commonwealth
19890H1023B4215 - 25 -
1 shall give rise, either within or without this Commonwealth, to
2 a cause of action abolished by this chapter.
3 (b) Contract to marry.--No contract to marry which is made
4 within this Commonwealth shall give rise, either within or
5 without this Commonwealth, to a cause of action for breach of
6 the contract.
7 (c) Intention of section.--It is the intention of this
8 section to fix the effect, status and character of such acts and
9 contracts and to render them ineffective to support or give rise
10 to any such causes of action, either within or without this
11 Commonwealth.
12 § 1904. Filing or threatening to file actions prohibited.
13 It is unlawful for a person, either as litigant or attorney,
14 to file, cause to be filed, threaten to file or threaten to
15 cause to be filed in a court in this Commonwealth any pleading
16 or paper setting forth or seeking to recover upon any cause of
17 action abolished or barred by this chapter whether the cause of
18 action arose within or without this Commonwealth.
19 § 1905. Instruments executed in satisfaction of abolished
20 claims prohibited.
21 (a) Contracts and instruments void.--All contracts and
22 instruments of every kind executed within this Commonwealth in
23 payment, satisfaction, settlement or compromise of any claim or
24 cause of action abolished or barred by this chapter, whether the
25 claim or cause of action arose within or without this
26 Commonwealth, are contrary to the public policy of this
27 Commonwealth and void.
28 (b) Execution and use prohibited.--It is unlawful to cause,
29 induce or procure a person to execute a contract or instrument
30 proscribed by this chapter, or cause, induce or procure a person
19890H1023B4215 - 26 -
1 to give, pay, transfer or deliver any money or thing of value in
2 payment, satisfaction, settlement or compromise of any such
3 claim or cause of action, or to receive, take or accept any such
4 money or thing of value in such payment, satisfaction,
5 settlement or compromise.
6 (c) Actions to enforce prohibited.--It is unlawful to
7 commence or cause to be commenced, either as litigant or
8 attorney, in a court of this Commonwealth any proceeding or
9 action seeking to enforce or recover upon a contract or
10 instrument proscribed by this chapter, knowing it to be such,
11 whether the contract or instrument was executed within or
12 without this Commonwealth.
13 (d) Exceptions.--This section does not apply to the payment,
14 satisfaction, settlement or compromise of any causes of action
15 which are not abolished or barred by this chapter or to the bona
16 fide holder in due course of a negotiable instrument.
17 PART III
18 ADOPTION
19 Chapter
20 25. Proceedings Prior to Petition to Adopt
21 CHAPTER 25
22 PROCEEDINGS PRIOR TO PETITION TO ADOPT
23 * * *
24 SUBCHAPTER E
25 PENNSYLVANIA ADOPTION COOPERATIVE EXCHANGE
26 Sec.
27 2551. Definitions.
28 2552. Pennsylvania Adoption Cooperative Exchange.
29 2553. Registration of children.
30 2554. Responsibilities of PACE.
19890H1023B4215 - 27 -
1 2555. Responsibilities of public and private agencies.
2 2556. Related activities of agencies unaffected.
3 2557. Regulations and staff.
4 2558. Retroactive application of subchapter.
5 § 2551. Definitions.
6 The following words and phrases when used in this subchapter
7 shall have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Department." The Department of Public Welfare of the
10 Commonwealth.
11 "PACE." The Pennsylvania Adoption Cooperative Exchange.
12 § 2552. Pennsylvania Adoption Cooperative.
13 There shall be a Pennsylvania Adoption Cooperative Exchange
14 in the Office of Children, Youth and Families of the Department
15 of Public Welfare.
16 § 2553. Registration of children.
17 (a) Mandatory registration.--PACE shall register and be
18 responsible for the review and referral of children for whom
19 parental rights have been terminated for 90 days and for whom no
20 report of intention to adopt has been filed in the court of
21 common pleas.
22 (b) Optional registration.--PACE may also register children
23 where restoration to the biological family is neither possible
24 nor appropriate, a petition to terminate parental rights has
25 been filed and adoption is planned pending identification of an
26 adoptive parent or parents. However, information about these
27 children shall not be publicized without prior approval by the
28 department, which shall ensure the anonymity of these children
29 until such time as parental rights are terminated.
30 (c) Children excluded from registration.--A child for whom
19890H1023B4215 - 28 -
1 termination of parental rights is being appealed in a court
2 shall not be registered with PACE as available for adoption.
3 Identifying information of such children shall be forwarded to
4 PACE by the agency, with reference to the specific reason for
5 which the child is not to be placed on the listing service.
6 § 2554. Responsibilities of PACE.
7 PACE shall be responsible for the following:
8 (1) Registration of adoptive parent applicants who have
9 been approved by agencies.
10 (2) Accumulation and dissemination of statistical
11 information regarding all children registered with PACE.
12 (3) Creation and administration of a public information
13 program designed to inform potential adoptive parents of the
14 need for adoptive homes for children registered with PACE.
15 (4) Preparation and distribution of a photographic
16 listing service on children registered with PACE.
17 (5) Preparation of annual reports concerning functions
18 of PACE regarding the children and the prospective parents
19 listed with PACE. The reports shall be submitted annually to
20 the Health and Welfare and Judiciary Committees of the House
21 of Representatives, to the Public Health and Welfare and
22 Judiciary Committees of the Senate and to the Governor.
23 (6) Coordination of its functions with other state,
24 regional and national adoption exchanges.
25 § 2555. Responsibilities of public and private agencies.
26 All public and licensed private child service agencies shall
27 register all children with PACE for whom parental rights have
28 been terminated for 90 days and for whom no report of intention
29 to adopt has been filed in the court of common pleas. A public
30 or licensed private agency may register other children as set
19890H1023B4215 - 29 -
1 forth in section 2553(b) (relating to registration of children).
2 § 2556. Related activities of agencies unaffected.
3 This subchapter shall not be construed to limit or delay
4 actions by agencies or institutions to arrange for adoptions or
5 other related matters on their own initiative and shall not
6 alter or restrict the duties, authority and confidentiality of
7 the agencies and institutions in those matters.
8 § 2557. Regulations and staff.
9 The department shall promulgate necessary regulations and
10 shall hire the staff which is necessary to implement this
11 subchapter.
12 § 2558. Retroactive application of subchapter.
13 This subchapter shall apply retroactively to all children for
14 whom:
15 (1) Parental rights have been terminated and for whom no
16 report of intention to adopt has been filed in the court of
17 common pleas.
18 (2) Restoration to the biological family is neither
19 possible nor appropriate, a petition to terminate parental
20 rights has been filed and adoption is planned pending
21 identification of an adoptive parent or parents.
22 PART IV
23 DIVORCE
24 Chapter
25 31. Preliminary Provisions
26 33. Dissolution of Marital Status
27 35. Property Rights
28 37. Alimony and Support
29 CHAPTER 31
30 PRELIMINARY PROVISIONS
19890H1023B4215 - 30 -
1 Sec.
2 3101. Short title of part.
3 3102. Legislative findings and intent.
4 3103. Definitions.
5 3104. Bases of jurisdiction.
6 3105. Effect of agreement between parties.
7 § 3101. Short title of part.
8 This part shall be known and may be cited as the Divorce
9 Code.
10 § 3102. Legislative findings and intent.
11 (a) Policy.--The family is the basic unit in society and the
12 protection and preservation of the family is of paramount public
13 concern. Therefore, it is the policy of the Commonwealth to:
14 (1) Make the law for legal dissolution of marriage
15 effective for dealing with the realities of matrimonial
16 experience.
17 (2) Encourage and effect reconciliation and settlement
18 of differences between spouses, especially where children are
19 involved.
20 (3) Give primary consideration to the welfare of the
21 family rather than the vindication of private rights or the
22 punishment of matrimonial wrongs.
23 (4) Mitigate the harm to the spouses and their children
24 caused by the legal dissolution of the marriage.
25 (5) Seek causes rather than symptoms of family
26 disintegration and cooperate with and utilize the resources
27 available to deal with family problems.
28 (6) Effectuate economic justice between parties who are
29 divorced or separated and grant or withhold alimony according
30 to the actual need and ability to pay of the parties and
19890H1023B4215 - 31 -
1 insure a fair and just determination and settlement of their
2 property rights.
3 (b) Construction of part.--The objectives set forth in
4 subsection (a) shall be considered in construing provisions of
5 this part and shall be regarded as expressing the legislative
6 intent.
7 § 3103. Definitions.
8 The following words and phrases when used in this part shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Alimony." An order for support granted by this Commonwealth
12 or any other state to a spouse or former spouse in conjunction
13 with a decree granting a divorce or annulment.
14 "Alimony pendente lite." An order for temporary support
15 granted to a spouse during the pendency of a divorce or
16 annulment proceeding.
17 "Divorce." Divorce from the bonds of matrimony.
18 "Grounds for divorce." The grounds enumerated in section
19 3301 (relating to grounds for divorce).
20 "Irretrievable breakdown." Estrangement due to marital
21 difficulties with no reasonable prospect of reconciliation.
22 "Qualified professionals." Includes marriage counselors,
23 psychologists, psychiatrists, social workers, ministers,
24 priests, rabbis or other persons who, by virtue of their
25 training and experience, are able to provide counseling.
26 "Separate and apart." Complete cessation of any and all
27 cohabitation, whether living in the same residence or not.
28 "Spousal support." Care, maintenance and financial
29 assistance.
30 § 3104. Bases of jurisdiction.
19890H1023B4215 - 32 -
1 (a) Jurisdiction.--The courts shall have original
2 jurisdiction in cases of divorce and for the annulment of void
3 or voidable marriages and shall determine in conjunction with
4 any decree granting a divorce or annulment the following
5 matters, if raised in the pleadings, and issue appropriate
6 decrees or orders with reference thereto, and may retain
7 continuing jurisdiction thereof:
8 (1) The determination and disposition of property rights
9 and interests between spouses, including any rights created
10 by any antenuptial, postnuptial or separation agreement and
11 including the partition of property held as tenants by the
12 entireties or otherwise and any accounting between them, and
13 the order of any spousal support, alimony, alimony pendente
14 lite, counsel fees or costs authorized by law.
15 (2) The future care, custody and visitation rights as to
16 children of the marriage or purported marriage.
17 (3) Any support or assistance which shall be paid for
18 the benefit of any children of the marriage or purported
19 marriage.
20 (4) Any property settlement involving any of the matters
21 set forth in paragraphs (1), (2) and (3) as submitted by the
22 parties.
23 (5) Any other matters pertaining to the marriage and
24 divorce or annulment authorized by law and which fairly and
25 expeditiously may be determined and disposed of in such
26 action.
27 (b) Residence and domicile of parties.--No spouse is
28 entitled to commence an action for divorce or annulment under
29 this part unless at least one of the parties has been a bona
30 fide resident in this Commonwealth for at least six months
19890H1023B4215 - 33 -
1 immediately previous to the commencement of the action. Both
2 parties shall be competent witnesses to prove their respective
3 residence, and proof of actual residence within this
4 Commonwealth for six months shall create a presumption of
5 domicile within this Commonwealth.
6 (c) Powers of court.--The court has authority to entertain
7 an action under this part notwithstanding the fact that the
8 marriage of the parties and the cause for divorce occurred
9 outside of this Commonwealth and that both parties were at the
10 time of the occurrence domiciled outside this Commonwealth. The
11 court also has the power to annul void or voidable marriages
12 celebrated outside this Commonwealth at a time when neither
13 party was domiciled within this Commonwealth.
14 (d) Foreign forum.--After the dissolution or annulment of a
15 marriage in a foreign forum where a matter under subsection (a)
16 has not been decided, a court of this Commonwealth shall have
17 jurisdiction to determine a matter under subsection (a) to the
18 fullest extent allowed under the Constitution of the United
19 States.
20 (e) Venue.--A proceeding for divorce or annulment may be
21 brought in the county:
22 (1) where the defendant resides;
23 (2) if the defendant resides outside of this
24 Commonwealth, where the plaintiff resides;
25 (3) of matrimonial domicile, if the plaintiff has
26 continuously resided in the county;
27 (4) prior to six months after the date of final
28 separation and with agreement of the defendant, where the
29 plaintiff resides or, if neither party continues to reside in
30 the county of matrimonial domicile, where either party
19890H1023B4215 - 34 -
1 resides; or
2 (5) after six months after the date of final separation,
3 where either party resides.
4 § 3105. Effect of agreement between parties.
5 (a) Enforcement.--A party to an agreement regarding matters
6 within the jurisdiction of the court under this part, whether or
7 not the agreement has been merged or incorporated into the
8 decree, may utilize a remedy or sanction set forth in this part
9 to enforce the agreement to the same extent as though the
10 agreement had been an order of the court except as provided to
11 the contrary in the agreement.
12 (b) Certain provisions subject to modification.--A provision
13 of an agreement regarding child support, visitation or custody
14 shall be subject to modification by the court upon a showing of
15 changed circumstances.
16 (c) Certain provisions not subject to modification.--In the
17 absence of a specific provision to the contrary appearing in the
18 agreement, a provision regarding the disposition of existing
19 property rights and interests between the parties, alimony,
20 alimony pendente lite, counsel fees or expenses shall not be
21 subject to modification by the court.
22 CHAPTER 33
23 DISSOLUTION OF MARITAL STATUS
24 Subchapter
25 A. General Provisions
26 B. Procedure
27 C. Attacks Upon Decrees
28 SUBCHAPTER A
29 GENERAL PROVISIONS
30 Sec.
19890H1023B4215 - 35 -
1 3301. Grounds for divorce.
2 3302. Counseling.
3 3303. Annulment of void and voidable marriages.
4 3304. Grounds for annulment of void marriages.
5 3305. Grounds for annulment of voidable marriages.
6 3306. Proceedings to determine marital status.
7 3307. Defenses.
8 3308. Action where defendant suffering from mental disorder.
9 3309. General appearance and collusion.
10 § 3301. Grounds for divorce.
11 (a) Fault.--The court may grant a divorce to the innocent
12 and injured spouse whenever it is judged that the other spouse
13 has:
14 (1) Committed willful and malicious desertion, and
15 absence from the habitation of the injured and innocent
16 spouse, without a reasonable cause, for the period of one or
17 more years.
18 (2) Committed adultery.
19 (3) By cruel and barbarous treatment, endangered the
20 life or health of the injured and innocent spouse.
21 (4) Knowingly entered into a bigamous marriage while a
22 former marriage is still subsisting.
23 (5) Been sentenced to imprisonment for a term of two or
24 more years upon conviction of having committed a crime.
25 (6) Offered such indignities to the innocent and injured
26 spouse as to render that spouse's condition intolerable and
27 life burdensome.
28 (b) Institutionalization.--The court may grant a divorce
29 from a spouse upon the ground that insanity or serious mental
30 disorder has resulted in confinement in a mental institution for
19890H1023B4215 - 36 -
1 at least 18 months immediately before the commencement of an
2 action under this part and where there is no reasonable prospect
3 that the spouse will be discharged from inpatient care during
4 the 18 months subsequent to the commencement of the action. A
5 presumption that no prospect of discharge exists shall be
6 established by a certificate of the superintendent of the
7 institution to that effect and which includes a supporting
8 statement of a treating physician.
9 (c) Mutual consent.--The court may grant a divorce where it
10 is alleged that the marriage is irretrievably broken and 90 days
11 have elapsed from the date of commencement of an action under
12 this part and an affidavit has been filed by each of the parties
13 evidencing that each of the parties consents to the divorce.
14 (d) Irretrievable breakdown.--
15 (1) The court may grant a divorce where a complaint has
16 been filed alleging that the marriage is irretrievably broken
17 and an affidavit has been filed alleging that the parties
18 have lived separate and apart for a period of at least two
19 years and that the marriage is irretrievably broken and the
20 defendant either:
21 (i) Does not deny the allegations set forth in the
22 affidavit.
23 (ii) Denies one or more of the allegations set forth
24 in the affidavit but, after notice and hearing, the court
25 determines that the parties have lived separate and apart
26 for a period of at least two years and that the marriage
27 is irretrievably broken.
28 (2) If a hearing has been held pursuant to paragraph
29 (1)(ii) and the court determines that there is a reasonable
30 prospect of reconciliation, then the court shall continue the
19890H1023B4215 - 37 -
1 matter for a period not less than 90 days nor more than 120
2 days unless the parties agree to a period in excess of 120
3 days. During this period, the court shall require counseling
4 as provided in section 3302 (relating to counseling). If the
5 parties have not reconciled at the expiration of the time
6 period and one party states under oath that the marriage is
7 irretrievably broken, the court shall determine whether the
8 marriage is irretrievably broken. If the court determines
9 that the marriage is irretrievably broken, the court shall
10 grant the divorce. Otherwise, the court shall deny the
11 divorce.
12 (e) No hearing required in certain cases.--If grounds for
13 divorce alleged in the complaint or counterclaim are established
14 under subsection (c) or (d), the court shall grant a divorce
15 without requiring a hearing on any other grounds.
16 § 3302. Counseling.
17 (a) Indignities.--Whenever indignities under section
18 3301(a)(6) (relating to grounds for divorce) is the ground for
19 divorce, the court shall require up to a maximum of three
20 counseling sessions where either of the parties requests it.
21 (b) Mutual consent.--Whenever mutual consent under section
22 3301(c) is the ground for divorce, the court shall require up to
23 a maximum of three counseling sessions within the 90 days
24 following the commencement of the action where either of the
25 parties requests it.
26 (c) Irretrievable breakdown.--Whenever the court orders a
27 continuation period as provided for irretrievable breakdown in
28 section 3301(d)(2), the court shall require up to a maximum of
29 three counseling sessions within the time period where either of
30 the parties requests it or may require such counseling where the
19890H1023B4215 - 38 -
1 parties have at least one child under 16 years of age.
2 (d) Notification of availability of counseling.--Whenever
3 section 3301(a)(6), (c) or (d) is the ground for divorce, the
4 court shall, upon the commencement of an action under this part,
5 notify both parties of the availability of counseling and, upon
6 request, provide both parties a list of qualified professionals
7 who provide such services.
8 (e) Choice of qualified professionals unrestricted.--The
9 choice of a qualified professional shall be at the option of the
10 parties and the professional need not be selected from the list
11 provided by the court.
12 (f) Report.--Where the court requires counseling, a report
13 shall be made by the qualified professional stating that the
14 parties did or did not attend.
15 § 3303. Annulment of void and voidable marriages.
16 (a) General rule.--In all cases where a supposed or alleged
17 marriage has been contracted which is void or voidable under
18 this title or under applicable law, either party to the supposed
19 or alleged marriage may bring an action in annulment to have it
20 declared void in accordance with the procedures provided by this
21 part and prescribed by general rules.
22 (b) Common-law marriage.--In the case of a purported common-
23 law marriage where a party was under 18 years of age, a parent
24 or guardian of the minor may bring a declaratory judgment
25 proceeding during the party's minority to have the marriage
26 declared void.
27 § 3304. Grounds for annulment of void marriages.
28 (a) General rule.--Where there has been no confirmation by
29 cohabitation following the removal of an impediment, the
30 supposed or alleged marriage of a person shall be deemed void in
19890H1023B4215 - 39 -
1 the following cases:
2 (1) Where either party at the time of such marriage had
3 an existing spouse and the former marriage had not been
4 annulled nor had there been a divorce except where that party
5 had obtained a decree of presumed death of the former spouse.
6 (2) Where the parties to such marriage are related
7 within the degrees of consanguinity prohibited by section
8 1304(e) (relating to restrictions on issuance of license).
9 (3) Where either party to such marriage was incapable of
10 consenting by reason of insanity or serious mental disorder
11 or otherwise lacked capacity to consent or did not intend to
12 consent to the marriage.
13 (4) Where either party to a purported common-law
14 marriage was under 18 years of age.
15 (b) Procedures.--In all cases of marriages which are void,
16 the marriage may be annulled as set forth in section 3303
17 (relating to annulment of void and voidable marriages) or its
18 invalidity may be declared in any collateral proceeding.
19 § 3305. Grounds for annulment of voidable marriages.
20 (a) General rule.--The marriage of a person shall be deemed
21 voidable and subject to annulment in the following cases:
22 (1) Where either party to the marriage was under 16
23 years of age unless the marriage was expressly authorized by
24 the court.
25 (2) Where either party was 16 or 17 years of age and
26 lacked the consent of parent or guardian or express
27 authorization of the court and has not subsequently ratified
28 the marriage upon reaching 18 years of age and an action for
29 annulment is commenced within 60 days after the marriage
30 ceremony.
19890H1023B4215 - 40 -
1 (3) Where either party to the marriage was under the
2 influence of alcohol or drugs and an action for annulment is
3 commenced within 60 days after the marriage ceremony.
4 (4) Where either party to the marriage was at the time
5 of the marriage and still is naturally and incurably impotent
6 unless the condition was known to the other party prior to
7 the marriage.
8 (5) Where one party was induced to enter into the
9 marriage due to fraud, duress, coercion or force attributable
10 to the other party and there has been no subsequent voluntary
11 cohabitation after knowledge of the fraud or release from the
12 effects of fraud, duress, coercion or force.
13 (b) Status of voidable marriage.--In all cases of marriages
14 which are voidable, either party to the marriage may seek and
15 obtain an annulment of the marriage but, until a decree of
16 annulment is obtained from a court of competent jurisdiction,
17 the marriage shall be valid. The validity of a voidable marriage
18 shall not be subject to attack or question by any person if it
19 is subsequently confirmed by the parties to the marriage or if
20 either party has died.
21 § 3306. Proceedings to determine marital status.
22 When the validity of a marriage is denied or doubted, either
23 or both of the parties to the marriage may bring an action for a
24 declaratory judgment seeking a declaration of the validity or
25 invalidity of the marriage and, upon proof of the validity or
26 invalidity of the marriage, the marriage shall be declared valid
27 or invalid by decree of the court and, unless reversed upon
28 appeal, the declaration shall be conclusive upon all persons
29 concerned.
30 § 3307. Defenses.
19890H1023B4215 - 41 -
1 (a) General rule.--Existing common-law defenses are retained
2 as to the grounds enumerated in section 3301(a) and (b)
3 (relating to grounds for divorce). The defenses of condonation,
4 connivance, collusion, recrimination and provocation are
5 abolished as to the grounds enumerated in section 3301(c) and
6 (d).
7 (b) Adultery.--In an action for divorce on the ground of
8 adultery, it is a good defense and a perpetual bar against the
9 action if the defendant alleges and proves, or if it appears in
10 the evidence, that the plaintiff:
11 (1) has been guilty of like conduct;
12 (2) has admitted the defendant into conjugal society or
13 embraces after the plaintiff knew of the fact;
14 (3) allowed the defendant's prostitution or received
15 hire from it; or
16 (4) exposed the defendant to lewd company whereby the
17 defendant became involved in the adultery.
18 § 3308. Action where defendant suffering from mental disorder.
19 If a spouse is insane or suffering from serious mental
20 disorder, an action may be commenced under this part against
21 that spouse upon any ground for divorce or annulment.
22 § 3309. General appearance and collusion.
23 The entry of a general appearance by, or in behalf of, a
24 defendant does not constitute collusion. Collusion shall be
25 found to exist only where the parties conspired to fabricate
26 grounds for divorce or annulment, agreed to and did commit
27 perjury or perpetrated fraud on the court. Negotiation and
28 discussion of terms of property settlement and other matters
29 arising by reason of contemplated divorce or annulment do not
30 constitute collusion.
19890H1023B4215 - 42 -
1 SUBCHAPTER B
2 PROCEDURE
3 Sec.
4 3321. Hearing by master.
5 3322. Jury trial.
6 3323. Decree of court.
7 § 3321. Hearing by master.
8 The court may appoint a master to hear testimony on all or
9 some issues, except issues of custody and paternity, and return
10 the record and a transcript of the testimony together with a
11 report and recommendation as prescribed by general rules or a
12 judge of the court in chambers may appoint a master to hold a
13 nonrecord hearing and to make recommendations and return the
14 same to the court, in which case, either party may demand a
15 hearing de novo before the court.
16 § 3322. Jury trial.
17 (a) Application for jury trial.--After service of the
18 complaint in divorce or annulment on the defendant in the manner
19 prescribed by general rules or entry of a general appearance for
20 the defendant, if either of the parties desires any matter of
21 fact that is affirmed by one and denied by the other to be tried
22 by a jury, that party may take a rule upon the opposite party,
23 to be allowed by a judge of the court, to show cause why the
24 issues of fact set forth in the rule should not be tried by a
25 jury which rule shall be served upon the opposite party or
26 counsel for the opposite party.
27 (b) Disposition of application.--Upon the return of the
28 rule, after hearing, the court may discharge it, make it
29 absolute or frame issues itself. Only the issues ordered by the
30 court shall be tried. The rule shall not be made absolute when,
19890H1023B4215 - 43 -
1 in the opinion of the court, a trial by jury cannot be had
2 without prejudice to the public morals.
3 § 3323. Decree of court.
4 (a) General rule.--In all matrimonial causes, the court may
5 either dismiss the complaint or enter a decree of divorce or
6 annulment of the marriage.
7 (b) Contents of decree.--A decree granting a divorce or an
8 annulment shall include, after a full hearing, where these
9 matters are raised in any pleadings, an order determining and
10 disposing of existing property rights and interests between the
11 parties, custody, partial custody and visitation rights, child
12 support, alimony, reasonable attorney fees, costs and expenses
13 and any other related matters, including the enforcement of
14 agreements voluntarily entered into between the parties. In the
15 enforcement of the rights of any party to any of these matters,
16 the court shall have all necessary powers, including, but not
17 limited to, the power of contempt and the power to attach wages.
18 (c) Bifurcation.--In the event that the court is unable for
19 any reason to determine and dispose of the matters provided for
20 in subsection (b) within 30 days after the report of the master
21 has been filed, it may enter a decree of divorce or annulment.
22 Upon the request of either party and after a hearing, the court
23 may order alimony pendente lite, reasonable counsel fees, costs
24 and expenses and may make a temporary order necessary to protect
25 the interests of the parties pending final disposition of the
26 matters in subsection (b).
27 (d) Substitution for deceased party.--If one of the parties
28 dies after the decree of divorce has been entered, but prior to
29 the final determination in such proceeding of the property
30 rights and interests of the parties under this part, the
19890H1023B4215 - 44 -
1 personal representative of the deceased party shall be
2 substituted as a party as provided by law and the action shall
3 proceed.
4 (e) Costs.--The court may award costs to the party in whose
5 favor the order or decree shall be entered, or may order that
6 each party shall pay their own costs, or may order that costs be
7 divided equitably as it shall appear just and reasonable.
8 (f) Equity power and jurisdiction of the court.--In all
9 matrimonial causes, the court shall have full equity power and
10 jurisdiction and may issue injunctions or other orders which are
11 necessary to protect the interests of the parties or to
12 effectuate the purposes of this part, and may grant such other
13 relief or remedy as equity and justice require against either
14 party or against any third person over whom the court has
15 jurisdiction and who is involved in or concerned with the
16 disposition of the cause.
17 SUBCHAPTER C
18 ATTACKS UPON DECREES
19 Sec.
20 3331. Limitations on attacks upon decrees.
21 3332. Opening or vacating decrees.
22 3333. Res judicata and estoppel.
23 § 3331. Limitations on attacks upon decrees.
24 The validity of a decree of divorce or annulment issued by a
25 court shall not be questioned, except by appeal, in any court or
26 place in this Commonwealth after the death of either party to
27 the proceeding. If it is shown that a party who subsequently
28 attempts to question the validity of the decree had full
29 knowledge of the facts and circumstances later complained of at
30 the time of issuance of the decree or failed to take any action
19890H1023B4215 - 45 -
1 despite this knowledge within two years after the date of the
2 decree, the party shall be barred from questioning the decree,
3 and it shall be valid in all courts and places within this
4 Commonwealth.
5 § 3332. Opening or vacating decrees.
6 A motion to open a decree of divorce or annulment may be made
7 only within the period limited by 42 Pa.C.S. § 5505 (relating to
8 modification of orders) and not thereafter. The motion may lie
9 where it is alleged that the decree was procured by intrinsic
10 fraud or that there is new evidence relating to the cause of
11 action which will sustain the attack upon its validity. A motion
12 to vacate a decree or strike a judgment alleged to be void
13 because of extrinsic fraud, lack of jurisdiction over the
14 subject matter or a fatal defect apparent upon the face of the
15 record must be made within five years after entry of the final
16 decree. Intrinsic fraud relates to a matter adjudicated by the
17 judgment, including perjury and false testimony, whereas
18 extrinsic fraud relates to matters collateral to the judgment
19 which have the consequence of precluding a fair hearing or
20 presentation of one side of the case.
21 § 3333. Res judicata and estoppel.
22 The validity of a divorce or annulment decree granted by a
23 court having jurisdiction over the subject matter may not be
24 questioned by a party who was subject to the personal
25 jurisdiction of the court except by direct appeal provided or
26 prescribed by law. A party who sought and obtained a decree,
27 financed or agreed to its procurement, or accepted a property
28 settlement, alimony pendente lite or alimony pursuant to the
29 terms of the decree, or who remarries after the decree, or is
30 guilty of laches, is barred from making a collateral attack upon
19890H1023B4215 - 46 -
1 the validity of the decree unless by clear and convincing
2 evidence it is established that fraud by the other party
3 prevented the making of a timely appeal from the divorce or
4 annulment decree.
5 CHAPTER 35
6 PROPERTY RIGHTS
7 Sec.
8 3501. Definitions.
9 3502. Equitable division of marital property.
10 3503. Effect of divorce on property rights generally.
11 3504. Disposition of property after termination of marriage.
12 3505. Disposition of property to defeat obligations.
13 3506. Statement of reasons for distribution.
14 3507. Division of entireties property between divorced persons.
15 3508. Conveyance of entireties property to divorced spouse.
16 § 3501. Definitions.
17 (a) General rule.--As used in this chapter, "marital
18 property" means all property acquired by either party during the
19 marriage, including the increase in value prior to the date of
20 final separation of any nonmarital property acquired pursuant to
21 paragraphs (1) and (3), except:
22 (1) Property acquired prior to marriage or property
23 acquired in exchange for property acquired prior to the
24 marriage.
25 (2) Property excluded by valid agreement of the parties
26 entered into before, during or after the marriage.
27 (3) Property acquired by gift, except between spouses,
28 bequest, devise or descent.
29 (4) Property acquired after final separation until the
30 date of divorce, except for property acquired in exchange for
19890H1023B4215 - 47 -
1 marital assets.
2 (5) Property which a party has sold, granted, conveyed
3 or otherwise disposed of in good faith and for value prior to
4 the date of final separation.
5 (6) Veterans' benefits exempt from attachment, levy or
6 seizure pursuant to the act of September 2, 1958 (Public Law
7 85-857, 72 Stat. 1229), as amended, except for those benefits
8 received by a veteran where the veteran has waived a portion
9 of his military retirement pay in order to receive veterans'
10 compensation.
11 (7) Property to the extent to which the property has
12 been mortgaged or otherwise encumbered in good faith for
13 value prior to the date of final separation.
14 (8) Any payment received as a result of an award or
15 settlement for any cause of action or claim which accrued
16 prior to the marriage or after the date of final separation
17 regardless of when the payment was received.
18 (b) Presumption.--All real or personal property acquired by
19 either party during the marriage is presumed to be marital
20 property regardless of whether title is held individually or by
21 the parties in some form of co-ownership such as joint tenancy,
22 tenancy in common or tenancy by the entirety. The presumption of
23 marital property is overcome by a showing that the property was
24 acquired by a method listed in subsection (a).
25 § 3502. Equitable division of marital property.
26 (a) General rule.--In an action for divorce or annulment,
27 the court shall, upon request of either party, equitably divide,
28 distribute or assign, in kind or otherwise, the marital property
29 between the parties without regard to marital misconduct in such
30 proportions and in such manner as the court deems just after
19890H1023B4215 - 48 -
1 considering all relevant factors, including:
2 (1) The length of the marriage.
3 (2) Any prior marriage of either party.
4 (3) The age, health, station, amount and sources of
5 income, vocational skills, employability, estate, liabilities
6 and needs of each of the parties.
7 (4) The contribution by one party to the education,
8 training or increased earning power of the other party.
9 (5) The opportunity of each party for future
10 acquisitions of capital assets and income.
11 (6) The sources of income of both parties, including,
12 but not limited to, medical, retirement, insurance or other
13 benefits.
14 (7) The contribution or dissipation of each party in the
15 acquisition, preservation, depreciation or appreciation of
16 the marital property, including the contribution of a party
17 as homemaker.
18 (8) The value of the property set apart to each party.
19 (9) The standard of living of the parties established
20 during the marriage.
21 (10) The economic circumstances of each party, including
22 Federal, State and local tax ramifications, at the time the
23 division of property is to become effective.
24 (11) Whether the party will be serving as the custodian
25 of any dependent minor children.
26 (b) Lien.--The court may impose a lien or charge upon
27 property of a party as security for the payment of alimony or
28 any other award for the other party.
29 (c) Family home.--The court may award during the pendency of
30 the action or otherwise to one or both of the parties the right
19890H1023B4215 - 49 -
1 to reside in the marital residence.
2 (d) Life insurance.--The court may direct the continued
3 maintenance and beneficiary designations of existing policies
4 insuring the life or health of either party which were
5 originally purchased during the marriage and owned by or within
6 the effective control of either party. Where it is necessary to
7 protect the interests of a party, the court may also direct the
8 purchase of, and beneficiary designations on, a policy insuring
9 the life or health of either party.
10 (e) Powers of the court.--If, at any time, a party has
11 failed to comply with an order of equitable distribution, as
12 provided for in this chapter, or with the terms of an agreement
13 as entered into between the parties, after hearing, the court
14 may, in addition to any other remedy available under this part,
15 in order to effect compliance with its order:
16 (1) enter judgment;
17 (2) authorize the taking and seizure of the goods and
18 chattels and collection of the rents and profits of the real
19 and personal, tangible and intangible property of the party;
20 (3) award interest on unpaid installments;
21 (4) order and direct the transfer or sale of any
22 property required in order to comply with the court's order;
23 (5) require security to insure future payments in
24 compliance with the court's order;
25 (6) issue attachment proceedings, directed to the
26 sheriff or other proper officer of the county, directing that
27 the person named as having failed to comply with the court
28 order be brought before the court, at such time as the court
29 may direct. If the court finds, after hearing, that the
30 person willfully failed to comply with the court order, it
19890H1023B4215 - 50 -
1 may deem the person in civil contempt of court and, in its
2 discretion, make an appropriate order, including, but not
3 limited to, commitment of the person to the county jail for a
4 period not to exceed six months;
5 (7) award counsel fees and costs;
6 (8) attach wages; or
7 (9) find the party in contempt.
8 § 3503. Effect of divorce on property rights generally.
9 Whenever a decree or judgment is granted which nullifies or
10 absolutely terminates the bonds of matrimony, all property
11 rights which are dependent upon the marital relation, except
12 those which are vested rights, are terminated unless the court
13 expressly provides otherwise in its decree. All duties, rights
14 and claims accruing to either of the parties at any time
15 theretofore in pursuance of the marriage shall cease, and the
16 parties shall severally be at liberty to marry again as if they
17 had never been married.
18 § 3504. Disposition of property after termination of marriage.
19 Unless provided otherwise by the court, whenever a decree of
20 divorce or annulment is entered by a court of competent
21 jurisdiction, both parties whose marriage is terminated or
22 affected shall have complete freedom of disposition as to their
23 separate real and personal property and may mortgage, sell,
24 grant, convey or otherwise encumber or dispose of their separate
25 property, whether the property was acquired before, during or
26 after coverture, and neither need join in, consent to or
27 acknowledge a deed, mortgage or instrument of the other.
28 § 3505. Disposition of property to defeat obligations.
29 (a) Preliminary relief.--Where it appears to the court that
30 a party is about to leave the jurisdiction of the court or is
19890H1023B4215 - 51 -
1 about to remove property of that party from the jurisdiction of
2 the court or is about to dispose of, alienate or encumber
3 property in order to defeat equitable distribution, alimony
4 pendente lite, alimony, child and spousal support or a similar
5 award, an injunction may issue to prevent the removal or
6 disposition and the property may be attached as prescribed by
7 general rules. The court may also issue a writ of ne exeat to
8 preclude the removal.
9 (b) Inventory of property.--Both parties shall submit to the
10 court an inventory and appraisement, which shall contain all of
11 the following:
12 (1) A list of the property owned or possessed by either
13 or both of them as of:
14 (i) the date of separation; and
15 (ii) thirty days prior to the date of hearing on
16 equitable distribution.
17 (2) A list of the value of the property owned or
18 possessed by either or both of them as of:
19 (i) the date of acquisition;
20 (ii) the date of separation; and
21 (iii) thirty days prior to the date of hearing on
22 equitable distribution.
23 (3) A list of the liabilities of either or both of them
24 as of 30 days prior to the date of hearing on equitable
25 distribution, whether or not the liabilities are related to
26 the property set forth in the inventory and appraisement.
27 (c) Discovery.--Discovery under this part shall be as
28 provided for all other civil actions under the Pennsylvania
29 Rules of Civil Procedure.
30 (d) Constructive trust for undisclosed assets.--If a party
19890H1023B4215 - 52 -
1 fails to disclose information required by subsection (b) and in
2 consequence thereof an asset or assets with a fair market value
3 of $500 or more is omitted from the final distribution of
4 property, the party aggrieved by the nondisclosure may at any
5 time petition the court granting the award to declare the
6 creation of a constructive trust as to all undisclosed assets
7 for the benefit of the parties and their minor or dependent
8 children, if any. The party in whose name the assets are held
9 shall be declared the constructive trustee, and the trust may
10 include any terms and conditions the court may determine. The
11 court shall grant the petition upon a finding of a failure to
12 disclose the assets as required under subsection (b).
13 (e) Encumbrance or disposition to third parties.--An
14 encumbrance or disposition of marital property to third persons
15 who paid wholly inadequate consideration for the property may be
16 deemed fraudulent and declared void.
17 § 3506. Statement of reasons for distribution.
18 In an order made under this chapter for the distribution of
19 property the court shall set forth the reason for the
20 distribution ordered.
21 § 3507. Division of entireties property between divorced
22 persons.
23 (a) General rule.--Whenever married persons holding property
24 as tenants by entireties are divorced, they shall, except as
25 otherwise provided by an order made under this chapter,
26 thereafter hold the property as tenants in common of equal one-
27 half shares in value and either of them may bring an action
28 against the other to have the property sold and the proceeds
29 divided between them.
30 (b) Division of proceeds.--Except as provided in subsection
19890H1023B4215 - 53 -
1 (c), the proceeds of a sale under this section, after the
2 payment of the expenses of sale, shall be equally divided
3 between the parties.
4 (c) Liens.--The amount of any lien entered of record jointly
5 against both of the parties, together with any interest due on
6 the lien and docket costs, shall be deducted from the proceeds
7 of sale and the amount of the liens entered of record against
8 either of the parties, together with any interest due on the
9 liens and docket costs, shall be deducted from the share of the
10 party against whom the lien is filed and paid to the person or
11 persons to whom the amount of the lien is due and payable.
12 (d) Record of divorce decree.--No decree of divorce shall be
13 effective to change the existing law relating to liens upon
14 property held by tenants by the entireties except a decree of
15 divorce that is valid in this Commonwealth and not until the
16 decree of divorce or a certified copy of the decree is recorded
17 in the office of the recorder of deeds of the county where the
18 property is situate. The decree shall be indexed in the
19 grantor's index against each of the tenants by the entireties.
20 § 3508. Conveyance of entireties property to divorced spouse.
21 Whenever married persons have acquired real estate as tenants
22 by entireties and thereafter are divorced, either former spouse,
23 except as otherwise provided by an order made under this
24 chapter, may convey to the other without the joinder of the
25 other the grantor's interest in the real estate so that the
26 grantee holds the real estate in fee simple, freed from all
27 right, title and interest which the grantor had in the real
28 estate as a tenant by the entireties.
29 CHAPTER 37
30 ALIMONY AND SUPPORT
19890H1023B4215 - 54 -
1 Sec.
2 3701. Alimony.
3 3702. Alimony pendente lite, counsel fees and expenses.
4 3703. Enforcement of arrearages.
5 3704. Payment of support, alimony and alimony pendente lite.
6 3705. Enforcement of foreign decrees.
7 3706. Bar to alimony.
8 3707. Effect of death of either party.
9 § 3701. Alimony.
10 (a) General rule.--Where a divorce decree has been entered,
11 the court may allow alimony, as it deems reasonable, to either
12 party only if it finds that alimony is necessary.
13 (b) Factors relevant.--In determining whether alimony is
14 necessary and in determining the nature, amount, duration and
15 manner of payment of alimony, the court shall consider all
16 relevant factors, including:
17 (1) The relative earnings and earning capacities of the
18 parties.
19 (2) The ages and the physical, mental and emotional
20 conditions of the parties.
21 (3) The sources of income of both parties, including,
22 but not limited to, medical, retirement, insurance or other
23 benefits.
24 (4) The expectancies and inheritances of the parties.
25 (5) The duration of the marriage.
26 (6) The contribution by one party to the education,
27 training or increased earning power of the other party.
28 (7) The extent to which the earning power, expenses or
29 financial obligations of a party will be affected by reason
30 of serving as the custodian of a minor child.
19890H1023B4215 - 55 -
1 (8) The standard of living of the parties established
2 during the marriage.
3 (9) The relative education of the parties and the time
4 necessary to acquire sufficient education or training to
5 enable the party seeking alimony to find appropriate
6 employment.
7 (10) The relative assets and liabilities of the parties.
8 (11) The property brought to the marriage by either
9 party.
10 (12) The contribution of a spouse as homemaker.
11 (13) The relative needs of the parties.
12 (14) The marital misconduct of either of the parties
13 during the marriage. The marital misconduct of either of the
14 parties from the date of final separation shall not be
15 considered by the court in its determinations relative to
16 alimony.
17 (15) The Federal, State and local tax ramifications of
18 the alimony award.
19 (16) Whether the party seeking alimony lacks sufficient
20 property, including, but not limited to, property distributed
21 under Chapter 35 (relating to property rights), to provide
22 for the party's reasonable needs.
23 (17) Whether the party seeking alimony is incapable of
24 self-support through appropriate employment.
25 (c) Duration.--The court in ordering alimony shall determine
26 the duration of the order, which may be for a definite or an
27 indefinite period of time which is reasonable under the
28 circumstances.
29 (d) Statement of reasons.--In an order made under this
30 section the court shall set forth the reason for its denial or
19890H1023B4215 - 56 -
1 award of alimony and the amount thereof.
2 (e) Modification and termination.--An order entered pursuant
3 to this section is subject to further order of the court upon
4 changed circumstances of either party of a substantial and
5 continuing nature whereupon the order may be modified,
6 suspended, terminated or reinstituted or a new order made. Any
7 further order shall apply only to payments accruing subsequent
8 to the petition for the requested relief. Remarriage of the
9 party receiving alimony shall terminate the award of alimony.
10 (f) Status of agreement to pay alimony.--Whenever the court
11 approves an agreement for the payment of alimony voluntarily
12 entered into between the parties, the agreement shall constitute
13 the order of the court and may be enforced as provided in
14 section 3703 (relating to enforcement of arrearages).
15 § 3702. Alimony pendente lite, counsel fees and expenses.
16 In proper cases, upon petition, the court may allow a spouse
17 reasonable alimony pendente lite, spousal support and reasonable
18 counsel fees and expenses. Reasonable counsel fees and expenses
19 may be allowed pendente lite, and the court shall also have
20 authority to direct that adequate health and hospitalization
21 insurance coverage be maintained for the dependent spouse
22 pendente lite.
23 § 3703. Enforcement of arrearages.
24 If at any time a party is in arrears in the payment of
25 alimony or alimony pendente lite as provided for in sections
26 3701 (relating to alimony) and 3702 (relating to alimony
27 pendente lite, counsel fees and expenses), the court may, after
28 hearing, in order to effect payment of the arrearages:
29 (1) Enter judgment.
30 (2) Authorize the taking and seizure of the goods and
19890H1023B4215 - 57 -
1 chattels and the collection of the rents and profits of the
2 real estate of the party.
3 (3) Attach no more than 50% of the wages of the party.
4 (4) Award interest on unpaid installments.
5 (5) Require security to insure future payments.
6 (6) Issue attachment proceedings, directed to the
7 sheriff or other proper officer of the county, directing that
8 the person named as having failed to comply with the court
9 order be brought before the court at such time as the court
10 may direct. If the court finds, after hearing, that the named
11 person willfully failed to comply with the court order, it
12 may declare the person in civil contempt of court and in its
13 discretion make an appropriate order, including, but not
14 limited to, commitment of the person to prison for a period
15 not to exceed six months.
16 (7) Award counsel fees and costs.
17 § 3704. Payment of support, alimony and alimony pendente lite.
18 When so ordered by the court, all payments of child and
19 spousal support, alimony or alimony pendente lite shall be made
20 to the domestic relations section of the court which issued the
21 order or the domestic relations section of the court at the
22 residence of the party entitled to receive the award. The
23 domestic relations section shall keep an accurate record of all
24 payments and shall notify the court immediately whenever a
25 person subject to a payment order is 30 days in arrears of
26 payment so that appropriate action may be taken to enforce the
27 order of the court. The domestic relations section shall
28 distribute the payments to the person entitled to them as soon
29 as possible after receipt.
30 § 3705. Enforcement of foreign decrees.
19890H1023B4215 - 58 -
1 (a) General rule.--Whenever a person subject to a valid
2 decree of a sister state or territory for the distribution of
3 marital property or for the payment of alimony, temporary
4 alimony or alimony pendente lite, or the property of that person
5 is found within this Commonwealth, the obligee of the decree may
6 petition the court where the obligor or the property of the
7 obligor is found to register, adopt as its own and enforce the
8 decree as a properly issued and authenticated decree of a sister
9 state or territory. Upon registration and adoption, such relief
10 and process for enforcement as is provided or prescribed by law
11 in similar cases originally commenced in this Commonwealth shall
12 be available. A copy of the decree and order shall be forwarded
13 to the court of the state or territory which issued the original
14 decree. The obligor shall have whatever defenses and relief are
15 available to the obligor in the state or territory which issued
16 the original decree and may question the jurisdiction of that
17 court if not otherwise barred. Interest may be awarded on unpaid
18 installments and security may be required to insure future
19 payments as in cases originally commenced in this Commonwealth.
20 Where property of the obligor, but not the person of the
21 obligor, is found within this Commonwealth, there shall be
22 jurisdiction quasi in rem, and, upon registration and adoption
23 of the decree of the sister state or territory, relief and
24 enforcement of the decree shall be available as in other
25 proceedings which are quasi in rem.
26 (b) Optional procedure.--The right of a judgment creditor to
27 proceed under 42 Pa.C.S. § 4306 (relating to enforcement of
28 foreign judgments) or otherwise instead of proceeding under this
29 section remains unimpaired.
30 § 3706. Bar to alimony.
19890H1023B4215 - 59 -
1 No petitioner is entitled to receive an award of alimony
2 where the petitioner, subsequent to the divorce pursuant to
3 which alimony is being sought, has entered into cohabitation
4 with a person of the opposite sex who is not a member of the
5 family of the petitioner within the degrees of consanguinity.
6 § 3707. Effect of death of either party.
7 Upon the death of the payee party, the right to receive
8 alimony pursuant to this chapter shall cease. Upon the death of
9 the payor party, the obligation to pay alimony shall cease
10 unless otherwise indicated in an agreement between the parties
11 or an order of court.
12 PART V
13 SUPPORT, PROPERTY AND CONTRACTS
14 Chapter
15 41. General Provisions
16 CHAPTER 41
17 GENERAL PROVISIONS
18 Sec.
19 4101. Liability for debts contracted before marriage.
20 4102. Proceedings in case of debts contracted for
21 necessaries.
22 4103. (Reserved)
23 4104. Right of married person to separate earnings.
24 4105. Loans between married persons.
25 4106. Construction of chapter.
26 § 4101. Liability for debts contracted before marriage.
27 (a) General rule.--A spouse is not liable for the debts of
28 the other spouse contracted before marriage.
29 (b) Liability of property unaffected.--This chapter does not
30 protect the property of a married person from liability for
19890H1023B4215 - 60 -
1 debts contracted by or in the name of the married person by any
2 person authorized to so contract.
3 § 4102. Proceedings in case of debts contracted for
4 necessaries.
5 In all cases where debts are contracted for necessaries by
6 either spouse for the support and maintenance of the family, it
7 shall be lawful for the creditor in this case to institute suit
8 against the husband and wife for the price of such necessaries,
9 and after obtaining a judgment, have an execution against the
10 spouse contracting the debt alone; and if no property of that
11 spouse is found, execution may be levied upon and satisfied out
12 of the separate property of the other spouse.
13 § 4103. (Reserved)
14 § 4104. Right of married person to separate earnings.
15 Except as otherwise provided in this title, the separate
16 earnings of any married person of this Commonwealth, whether
17 these earnings are wages for labor, salary, property, business
18 or otherwise, shall accrue to and enure to the separate benefit
19 and use of that married person independently of the other
20 spouse, and so as not to be subject to any legal claim of the
21 other spouse. However, in any action in which the ownership of
22 such property is in dispute, the person claiming such property
23 shall be compelled, in the first instance, to show title and
24 ownership, in the property.
25 § 4105. Loans between married persons.
26 A married person may loan the other spouse money from the
27 separate estate of the married person and take in security
28 therefor a judgment or mortgage against the property of the
29 other spouse which shall be valid as otherwise provided by law.
30 § 4106. Construction of chapter.
19890H1023B4215 - 61 -
1 This chapter shall not be construed to affect Part IV
2 (relating to divorce).
3 CHAPTER 43
4 SUPPORT MATTERS GENERALLY
5 * * *
6 SUBCHAPTER D
7 PROCEEDINGS AGAINST ENTIRETIES PROPERTY
8 Sec.
9 4361. Execution of support order against entireties property.
10 4362. Plaintiff's share of proceeds of sale.
11 4363. Trustee to distribute proceeds of sale.
12 4364. Credit to plaintiff who purchases property.
13 4365. Rights of divorced person in entireties property sold
14 for support.
15 4366. Other enforcement remedies preserved.
16 § 4361. Execution of support order against entireties property.
17 (a) Entry of order.--Whenever married persons hold real
18 property by the entireties and one spouse secures an order of
19 court against the other spouse for the support of the plaintiff
20 spouse or of a child of both persons or the defendant or for the
21 support of both the plaintiff spouse and child and a copy of the
22 order has been certified to the court of common pleas of the
23 county in this Commonwealth in which the property is situated,
24 the order shall be entered in that court as a judgment with the
25 same effect as if it had been recovered as a judgment of that
26 court.
27 (b) Execution on judgment.--Execution may be issued on the
28 judgment against the real property held by the entireties and
29 the property may be sold in the manner provided by law for the
30 sale of real property on execution issued on a judgment. In any
19890H1023B4215 - 62 -
1 writs of execution on the judgment, the defendant shall not be
2 entitled to the benefit of 42 Pa.C.S. Ch. 81 Subch. B (relating
3 to exemptions from execution) or any other exemption statute.
4 (c) Title of purchaser.--The sale of real property under
5 this section conveys to the purchaser or purchasers thereof a
6 good and valid title to the property and vests in the purchaser
7 or purchasers the entire title of both the married persons in
8 the same manner and with the same effect as if both married
9 persons had joined in the conveyance of the property.
10 § 4362. Plaintiff's share of proceeds of sale.
11 (a) General rule.--The plaintiff spouse shall be entitled
12 out of the proceeds of this sale to such sums of money as
13 represents the share in the property, based on the proportionate
14 part of the original purchase money furnished by the plaintiff
15 spouse for the purchase of the property.
16 (b) Petition to court.--The plaintiff spouse may petition
17 the court of common pleas of the county where the real property
18 is situated, either before or after the sale of the property by
19 execution, setting forth plaintiff's claim, and the court shall
20 fix a date for a hearing on the petition.
21 (c) Hearing and decree.--After notice and hearing, the court
22 shall make such decree as shall be proper. At the hearing, both
23 spouses shall be competent witnesses.
24 § 4363. Trustee to distribute proceeds of sale.
25 (a) Appointment of trustee.--The court shall, at the time of
26 the hearing or thereafter, appoint a trustee who shall receive
27 from the sheriff the proceeds of the sale of the property after
28 the costs have been paid.
29 (b) Disposition of proceeds.--The trustee shall, out of the
30 proceeds, pay to the plaintiff spouse the sum of money the court
19890H1023B4215 - 63 -
1 decreed as plaintiff's share in the property sold and also the
2 sums of money, and interest thereon from the time the respective
3 items making them up became due and payable, which are due and
4 payable under the order of support. The trustee shall also pay
5 to the plaintiff spouse any additional sums the plaintiff may be
6 entitled to under any order of court for the support of
7 plaintiff or the children of defendant.
8 § 4364. Credit to plaintiff who purchases property.
9 (a) General rule.--If the plaintiff spouse becomes the
10 purchaser at the execution sale, the plaintiff shall be entitled
11 to a credit on the purchase price thereof for the sum of money
12 found by the court to represent the plaintiff's share in the
13 property and also for the sums of money due the plaintiff from
14 the defendant under the order of support upon which the
15 execution was issued at the time of the sale, together with
16 interest on the sums due the plaintiff for support from the time
17 the respective sums become due.
18 (b) Allowance or assignment of credit.--The credit shall be
19 allowed the plaintiff by the sheriff or the plaintiff may assign
20 the sums due the plaintiff to the purchaser of the property
21 whereupon credit shall be given to the purchaser by the sheriff
22 for the amount assigned.
23 § 4365. Rights of divorced person in entireties property sold
24 for support.
25 (a) General rule.--After the divorce of any spouse who is a
26 tenant by the entireties of real property with the former
27 spouse, the divorced spouse is entitled to all the rights and
28 remedies provided in this subchapter for the collection of any
29 sums of money ordered by a court to be paid to the divorced
30 spouse for the support of the children of the former spouse as
19890H1023B4215 - 64 -
1 fully as if no divorce had occurred.
2 (b) Proceeds of sale.--Upon the sale of the real property
3 for the collection of any sums of money due the divorced spouse
4 under an order of court, the divorced spouse shall be entitled
5 to receive therefrom such sum of money as represents the share
6 of the divorced spouse in the property, as ordered by the court
7 under section 4362 (relating to plaintiff's share of proceeds of
8 sale), together with any sums which may be due to the divorced
9 spouse under an order of support against the former spouse.
10 § 4366. Other enforcement remedies preserved.
11 This subchapter and other provisions of this chapter do not
12 remove from the plaintiff the rights to any other existing
13 remedies to enforce a support order, including, but not limited
14 to, the right of the plaintiff to institute proceedings against
15 the real or personal property of the defendant.
16 PART VI
17 CHILDREN AND MINORS
18 Chapter
19 51. General Provisions
20 53. Custody
21 55. Liability for Tortious Acts of Children
22 CHAPTER 51
23 GENERAL PROVISIONS
24 Sec.
25 5101. Attainment of full age.
26 5102. Children declared to be legitimate.
27 5103. Acknowledgment and claim of paternity.
28 5104. Blood tests to determine paternity.
29 § 5101. Attainment of full age.
30 (a) Age for entering into contracts.--Any individual 18
19890H1023B4215 - 65 -
1 years of age and older shall have the right to enter into
2 binding and legally enforceable contracts and the defense of
3 minority shall not be available to such individuals.
4 (b) Age for suing and being sued.--Except where otherwise
5 provided or prescribed by law, an individual 18 years of age and
6 older shall be deemed an adult and may sue and be sued as such.
7 § 5102. Children declared to be legitimate.
8 (a) General rule.--All children shall be legitimate
9 irrespective of the marital status of their parents, and, in
10 every case where children are born out of wedlock, they shall
11 enjoy all the rights and privileges as if they had been born
12 during the wedlock of their parents except as otherwise provided
13 in Title 20 (relating to decedents, estates and fiduciaries).
14 (b) Determination of paternity.--For purposes of prescribing
15 benefits to children born out of wedlock by, from and through
16 the father, paternity shall be determined by any one of the
17 following ways:
18 (1) If the parents of a child born out of wedlock have
19 married each other.
20 (2) If, during the lifetime of the child, it is
21 determined by clear and convincing evidence that the father
22 openly holds out the child to be his and either receives the
23 child into his home or provides support for the child.
24 (3) If there is clear and convincing evidence that the
25 man was the father of the child which may include a prior
26 court determination of paternity.
27 § 5103. Acknowledgment and claim of paternity.
28 (a) Acknowledgment of paternity.--The father of a child born
29 to an unmarried woman may file with the Department of Health on
30 forms prescribed by it an acknowledgment of paternity of the
19890H1023B4215 - 66 -
1 child which shall include the consent of the mother of the child
2 supported by her affidavit. The department shall, upon receipt
3 of the acknowledgment, proceed as provided in section 603(a) of
4 the act of June 29, 1953 (P.L.304, No.66), known as the Vital
5 Statistics Law of 1953, and the father shall have all the rights
6 and duties as to the child which he would have had if he had
7 been married to the mother at the time of the birth of the
8 child, and the child shall have all the rights and duties as to
9 the father which the child would have had if the father had been
10 married to the mother at the time of birth. The acknowledgment
11 may also provide for the assumption by the child of the surname
12 of the father or other name desired by the parents.
13 (b) Claim of paternity.--If the mother of the child fails or
14 refuses to join in the acknowledgment of paternity provided for
15 in subsection (a), the Department of Health shall index it as a
16 claim of paternity. The filing and indexing of a claim of
17 paternity shall not confer upon the putative father any rights
18 as to the child except that the putative father shall be
19 entitled to notice of any proceeding brought to terminate any
20 parental rights as to the child.
21 § 5104. Blood tests to determine paternity.
22 (a) Short title of section.--This section shall be known and
23 may be cited as the Uniform Act on Blood Tests to Determine
24 Paternity.
25 (b) Scope of section.--
26 (1) Civil matters.--This section shall apply to all
27 civil matters.
28 (2) Criminal proceedings.--This section shall apply to
29 all criminal proceedings subject to the following limitations
30 and provisions:
19890H1023B4215 - 67 -
1 (i) An order for the tests shall be made only upon
2 application of a party or on the initiative of the court.
3 (ii) The compensation of the experts shall be paid
4 by the party requesting the blood test or by the county,
5 as the court shall direct.
6 (iii) The court may direct a verdict of acquittal
7 upon the conclusions of all the experts under subsection
8 (f). Otherwise, the case shall be submitted for
9 determination upon all the evidence.
10 (iv) The refusal of a defendant to submit to the
11 tests may not be used in evidence against the defendant.
12 (c) Authority for test.--In any matter subject to this
13 section in which paternity, parentage or identity of a child is
14 a relevant fact, the court, upon its own initiative or upon
15 suggestion made by or on behalf of any person whose blood is
16 involved, may or, upon motion of any party to the action made at
17 a time so as not to delay the proceedings unduly, shall order
18 the mother, child and alleged father to submit to blood tests.
19 If any party refuses to submit to the tests, the court may
20 resolve the question of paternity, parentage or identity of a
21 child against the party or enforce its order if the rights of
22 others and the interests of justice so require.
23 (d) Selection of experts.--The tests shall be made by
24 experts qualified as examiners of blood types, who shall be
25 appointed by the court. The experts shall be called by the court
26 as witnesses to testify to their findings and shall be subject
27 to cross-examination by the parties. Any party or person at
28 whose suggestion the tests have been ordered may demand that
29 other experts qualified as examiners of blood types perform
30 independent tests under order of court, the results of which may
19890H1023B4215 - 68 -
1 be offered in evidence. The number and qualifications of experts
2 shall be determined by the court.
3 (e) Compensation of experts.--The compensation of each
4 expert witness appointed by the court shall be fixed at a
5 reasonable amount. It shall be paid as the court shall order.
6 Subject to general rules, the court may order that it be paid by
7 the parties in such proportions and at such times as it shall
8 prescribe or that the proportion of any party be paid by the
9 county and that, after payment by the parties or the county, or
10 both, all or part or none of it be taxed as costs in the action.
11 Subject to general rules, the fee of an expert witness called by
12 a party but not appointed by the court shall be paid by the
13 party calling him, but shall not be taxed as costs in the
14 action.
15 (f) Effect of test results.--If the court finds that the
16 conclusions of all the experts as disclosed by the evidence
17 based upon the tests are that the alleged father is not the
18 father of the child, the question of paternity, parentage or
19 identity of a child shall be resolved accordingly. If the
20 experts disagree in their findings or conclusions, the question
21 shall be submitted upon all the evidence.
22 (g) Effect on presumption of legitimacy.--The presumption of
23 legitimacy of a child born during wedlock is overcome if the
24 court finds that the conclusions of all the experts as disclosed
25 by the evidence based upon the tests show that the husband is
26 not the father of the child.
27 CHAPTER 53
28 CUSTODY
29 Subchapter
30 B. Child Custody Jurisdiction
19890H1023B4215 - 69 -
1 SUBCHAPTER B
2 CHILD CUSTODY JURISDICTION
3 Sec.
4 5341. Short title of subchapter.
5 5342. Purposes and construction of subchapter.
6 5343. Definitions.
7 5344. Jurisdiction.
8 5345. Notice and opportunity to be heard.
9 5346. Notice to persons outside this Commonwealth; submission
10 to jurisdiction.
11 5347. Simultaneous proceedings in other states.
12 5348. Inconvenient forum.
13 5349. Jurisdiction declined by reason of conduct.
14 5350. Information under oath to be submitted to the court.
15 5351. Additional parties.
16 5352. Appearance of parties and the child.
17 5353. Binding force and res judicata effect of custody decree.
18 5354. Recognition of out-of-State custody decrees.
19 5355. Modification of custody decree of another state.
20 5356. Filing and enforcement of custody decree of another
21 state.
22 5357. Registry of out-of-State custody decrees and proceedings.
23 5358. Certified copies of custody decree.
24 5359. Taking testimony in another state.
25 5360. Hearings and studies in another state; orders to appear.
26 5361. Assistance to courts of other states.
27 5362. Preservation of documents for use in other states.
28 5363. Request for court records of another state.
29 5364. Intrastate application.
30 5365. International application.
19890H1023B4215 - 70 -
1 5366. Priority.
2 § 5341. Short title of subchapter.
3 This subchapter shall be known and may be cited as the
4 Uniform Child Custody Jurisdiction Act.
5 § 5342. Purposes and construction of subchapter.
6 (a) Purposes.--The general purposes of this subchapter are
7 to:
8 (1) Avoid jurisdictional competition and conflict with
9 courts of other states in matters of child custody which have
10 in the past resulted in the shifting of children from state
11 to state with harmful effects on their well-being.
12 (2) Promote cooperation with the courts of other states
13 to the end that a custody decree is rendered in that state
14 which can best decide the case in the interest of the child.
15 (3) Assure that litigation concerning the custody of a
16 child takes place ordinarily in the state with which the
17 child and his family have the closest connection and where
18 significant evidence concerning his care, protection,
19 training and personal relationships is most readily
20 available, and that courts of this Commonwealth decline the
21 exercise of jurisdiction when the child and his family have a
22 closer connection with another state.
23 (4) Discourage continuing controversies over child
24 custody in the interest of greater stability of home
25 environment and of secure family relationships for the child.
26 (5) Deter abductions and other unilateral removals of
27 children undertaken to obtain custody awards.
28 (6) Avoid relitigation of custody decisions of other
29 states in this Commonwealth insofar as feasible.
30 (7) Facilitate the enforcement of custody decrees of
19890H1023B4215 - 71 -
1 other states.
2 (8) Promote and expand the exchange of information and
3 other forms of mutual assistance between the courts of this
4 Commonwealth and those of other states concerned with the
5 same child.
6 (b) Construction.--This subchapter shall be construed to
7 promote the general purposes stated in this section.
8 § 5343. Definitions.
9 The following words and phrases when used in this subchapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Contestant." An institution or an individual, including a
13 parent, who claims a right to custody or visitation rights with
14 respect to a child.
15 "Custody determination." A court decision and court orders
16 and instructions providing for the custody of a child, including
17 visitation rights. The term does not include a decision relating
18 to child support or any other monetary obligation of any person.
19 "Custody proceeding." Includes proceedings in which a
20 custody determination is one of several issues, such as an
21 action for divorce or separation, and includes child neglect and
22 dependency proceedings.
23 "Decree" or "custody decree." A custody determination
24 contained in a judicial decree or order made in a custody
25 proceeding, and includes an initial decree and a modification
26 decree.
27 "Home state." The state in which the child immediately
28 preceding the time involved lived with his parents, a parent or
29 a person acting as parent, or in an institution, for at least
30 six consecutive months, and, in the case of a child less than
19890H1023B4215 - 72 -
1 six months old, the state in which the child lived from birth
2 with any of the persons mentioned. Periods of temporary absence
3 of any of the named persons are counted as part of the six-month
4 or other period.
5 "Initial decree." The first custody decree concerning a
6 particular child.
7 "Modification decree." A custody decree which modifies or
8 replaces a prior decree, whether made by the court which
9 rendered the prior decree or by another court.
10 "Person acting as parent." A person, including an
11 institution other than a parent, who has physical custody of a
12 child and who has either been awarded custody by a court or
13 claims a right to custody.
14 "Physical custody." Actual possession and control of a
15 child.
16 § 5344. Jurisdiction.
17 (a) General rule.--A court of this Commonwealth which is
18 competent to decide child custody matters has jurisdiction to
19 make a child custody determination by initial or modification
20 decree if:
21 (1) this Commonwealth:
22 (i) is the home state of the child at the time of
23 commencement of the proceeding; or
24 (ii) had been the home state of the child within six
25 months before commencement of the proceeding and the
26 child is absent from this Commonwealth because of his
27 removal or retention by a person claiming his custody or
28 for other reasons, and a parent or person acting as
29 parent continues to live in this Commonwealth;
30 (2) it is in the best interest of the child that a court
19890H1023B4215 - 73 -
1 of this Commonwealth assume jurisdiction because:
2 (i) the child and his parents, or the child and at
3 least one contestant, have a significant connection with
4 this Commonwealth; and
5 (ii) there is available in this Commonwealth
6 substantial evidence concerning the present or future
7 care, protection, training and personal relationships of
8 the child;
9 (3) the child is physically present in this
10 Commonwealth, and:
11 (i) the child has been abandoned; or
12 (ii) it is necessary in an emergency to protect the
13 child because he has been subjected to or threatened with
14 mistreatment or abuse or is otherwise neglected or
15 dependent;
16 (4) (i) it appears that no other state would have
17 jurisdiction under prerequisites substantially in
18 accordance with paragraph (1), (2) or (3), or another
19 state has declined to exercise jurisdiction on the ground
20 that this Commonwealth is the more appropriate forum to
21 determine the custody of the child; and
22 (ii) it is in the best interest of the child that
23 the court assume jurisdiction; or
24 (5) the child welfare agencies of the counties wherein
25 the contestants for the child live, have made an
26 investigation of the home of the person to whom custody is
27 awarded and have found it to be satisfactory for the welfare
28 of the child.
29 (b) Physical presence insufficient.--Except under subsection
30 (a)(3) and (4), physical presence in this Commonwealth of the
19890H1023B4215 - 74 -
1 child, or of the child and one of the contestants, is not alone
2 sufficient to confer jurisdiction on a court of this
3 Commonwealth to make a child custody determination.
4 (c) Physical presence unnecessary.--Physical presence of the
5 child, while desirable, is not a prerequisite for jurisdiction
6 to determine his custody.
7 § 5345. Notice and opportunity to be heard.
8 Before making a decree under this subchapter, reasonable
9 notice and opportunity to be heard shall be given to the
10 contestants, any parent whose parental rights have not been
11 previously terminated and any person who has physical custody of
12 the child. If any of these persons is outside this Commonwealth,
13 notice and opportunity to be heard shall be given pursuant to
14 section 5346 (relating to notice to persons outside this
15 Commonwealth; submission to jurisdiction).
16 § 5346. Notice to persons outside this Commonwealth; submission
17 to jurisdiction.
18 (a) General rule.--Notice required for the exercise of
19 jurisdiction over a person outside this Commonwealth shall be
20 given in a manner reasonably calculated to give actual notice,
21 and may be:
22 (1) by personal delivery outside this Commonwealth in
23 the manner prescribed for service of process within this
24 Commonwealth;
25 (2) in the manner prescribed by the law of the place in
26 which the service is made for service of process in that
27 place in an action in any of its courts of general
28 jurisdiction;
29 (3) by any form of mail addressed to the person to be
30 served and requesting a receipt; or
19890H1023B4215 - 75 -
1 (4) as directed by the court, including publication, if
2 other means of notification are ineffective.
3 (b) Duration.--Notice under this section shall be served,
4 mailed or delivered or last published at least ten days before
5 any hearing in this Commonwealth.
6 (c) Proof of service.--Proof of service outside this
7 Commonwealth may be made by affidavit of the individual who made
8 the service, or in the manner prescribed by the law of this
9 Commonwealth, the order pursuant to which the service is made,
10 or the law of the place in which the service is made. If service
11 is made by mail, proof may be a receipt signed by the addressee
12 or other evidence of delivery to the addressee.
13 (d) Submission to jurisdiction.--Notice is not required if a
14 person submits to the jurisdiction of the court.
15 § 5347. Simultaneous proceedings in other states.
16 (a) General rule.--A court of this Commonwealth shall not
17 exercise its jurisdiction under this subchapter if, at the time
18 of filing the petition, a proceeding concerning the custody of
19 the child was pending in a court of another state exercising
20 jurisdiction substantially in conformity with this subchapter,
21 unless the proceeding is stayed by the court of the other state
22 because this Commonwealth is a more appropriate forum or for
23 other reasons.
24 (b) Procedure.--Before hearing the petition in a custody
25 proceeding, the court shall examine the pleadings and other
26 information supplied by the parties under section 5350 (relating
27 to information under oath to be submitted to the court) and
28 shall consult the child custody registry established under
29 section 5357 (relating to registry of out-of-State custody
30 decrees and proceedings) concerning the pendency of proceedings
19890H1023B4215 - 76 -
1 with respect to the child in other states. If the court has
2 reason to believe that proceedings may be pending in another
3 state, it shall direct an inquiry to the state court
4 administrator or other appropriate official of the other state.
5 (c) Stay; communication with other court.--If the court is
6 informed during the course of the proceeding that a proceeding
7 concerning the custody of the child was pending in another state
8 before the court assumed jurisdiction, it shall stay the
9 proceeding and communicate with the court in which the other
10 proceeding is pending to the end that the issue may be litigated
11 in the more appropriate forum and that information be exchanged
12 in accordance with sections 5360 (relating to hearings and
13 studies in another state; orders to appear) through 5363
14 (relating to request for court records of another state). If a
15 court of this Commonwealth has made a custody decree before
16 being informed of a pending proceeding in a court of another
17 state, it shall immediately inform that court of the fact. If
18 the court is informed that a proceeding was commenced in another
19 state after it assumed jurisdiction, it shall likewise inform
20 the other court to the end that the issues may be litigated in
21 the more appropriate forum.
22 § 5348. Inconvenient forum.
23 (a) General rule.--A court which has jurisdiction under this
24 subchapter to make an initial or modification decree may decline
25 to exercise its jurisdiction any time before making a decree if
26 it finds that it is an inconvenient forum to make a custody
27 determination under the circumstances of the case and that a
28 court of another state is a more appropriate forum.
29 (b) Moving party.--A finding of inconvenient forum may be
30 made upon the court's own motion or upon motion of a party or a
19890H1023B4215 - 77 -
1 guardian ad litem or other representative of the child.
2 (c) Factors to be considered.--In determining if it is an
3 inconvenient forum, the court shall consider if it is in the
4 interest of the child that another state assume jurisdiction.
5 For this purpose it may take into account the following factors,
6 among others:
7 (1) If another state is or recently was the home state
8 of the child.
9 (2) If another state has a closer connection with the
10 child and his family or with the child and one or more of the
11 contestants.
12 (3) If substantial evidence concerning the present or
13 future care, protection, training and personal relationships
14 of the child is more readily available in another state.
15 (4) If the parties have agreed on another forum which is
16 no less appropriate.
17 (5) If the exercise of jurisdiction by a court of this
18 Commonwealth would contravene any of the purposes stated in
19 section 5342 (relating to purposes and construction of
20 subchapter).
21 (d) Communication with other court.--Before determining
22 whether to decline or retain jurisdiction, the court may
23 communicate with a court of another state and exchange
24 information pertinent to the assumption of jurisdiction by
25 either court with a view to assuring that jurisdiction will be
26 exercised by the more appropriate court and that a forum will be
27 available to the parties.
28 (e) Disposition.--If the court finds that it is an
29 inconvenient forum and that a court of another state is a more
30 appropriate forum, it may dismiss the proceedings, or it may
19890H1023B4215 - 78 -
1 stay the proceedings upon condition that a custody proceeding be
2 promptly commenced in another named state or upon any other
3 conditions which may be just and proper, including the condition
4 that a moving party stipulate his consent and submission to the
5 jurisdiction of the other forum.
6 (f) Effect on divorce or other proceeding.--The court may
7 decline to exercise its jurisdiction under this subchapter if a
8 custody determination is incidental to an action for divorce or
9 another proceeding while retaining jurisdiction over the divorce
10 or other proceeding.
11 (g) Costs and expenses.--Subject to general rules:
12 (1) If it appears to the court that it is clearly an
13 inappropriate forum, it may require the party who commenced
14 the proceedings to pay, in addition to the costs of the
15 proceedings in this Commonwealth, necessary travel and other
16 expenses, including attorney fees, incurred by other parties
17 or their witnesses.
18 (2) Payment is to be made to the office of the clerk of
19 the court of common pleas for remittance to the proper party.
20 (h) Notice of disposition.--Upon dismissal or stay of
21 proceedings under this section, the court shall inform the court
22 found to be the more appropriate forum of this fact or, if the
23 court which would have jurisdiction in the other state is not
24 certainly known, shall transmit the information to the court
25 administrator or other appropriate official of the other state
26 for forwarding to the appropriate court.
27 (i) Registry of out-of-State stay; notice of assumption of
28 jurisdiction.--Any communication received from another state
29 informing this Commonwealth of a finding of inconvenient forum
30 because a court of this Commonwealth is the more appropriate
19890H1023B4215 - 79 -
1 forum shall be filed in the custody registry of the appropriate
2 court. Upon assuming jurisdiction, the court of this
3 Commonwealth shall inform the original court of this fact.
4 § 5349. Jurisdiction declined by reason of conduct.
5 (a) General rule.--If the petitioner for an initial decree
6 has wrongfully taken the child from another state or has engaged
7 in conduct intending to benefit his position in a custody
8 hearing, the court may decline to exercise jurisdiction if this
9 is just and proper under the circumstances.
10 (b) Restriction on modification of foreign decree.--Unless
11 required in the interest of the child, the court shall not
12 exercise its jurisdiction to modify a custody decree of another
13 state if the petitioner, without consent of the person entitled
14 to custody, has improperly removed the child from the physical
15 custody of the person entitled to custody or has improperly
16 retained the child after a visit or other temporary
17 relinquishment of physical custody. If the petitioner has
18 violated any other provision of a custody decree of another
19 state, the court may decline to exercise its jurisdiction unless
20 the petitioner can show that conditions in the custodial
21 household are physically or emotionally harmful to the child,
22 the burden of proof being on the petitioner requesting the court
23 to take jurisdiction.
24 (c) Costs and expenses.--Subject to general rules, in
25 appropriate cases a court dismissing a petition under this
26 section may charge the petitioner with necessary travel and
27 other expenses, including attorney fees, incurred by other
28 parties or their witnesses.
29 § 5350. Information under oath to be submitted to the court.
30 (a) General rule.--Every party in a custody proceeding in
19890H1023B4215 - 80 -
1 his first pleading or in an affidavit attached to that pleading
2 shall give information under oath as to the present address of
3 the child, the places where the child has lived within the last
4 five years, and the names and present addresses of the persons
5 with whom the child has lived during that period. In this
6 pleading or affidavit every party shall further declare under
7 oath whether:
8 (1) he has participated (as a party, witness, or in any
9 other capacity) in any other litigation concerning the
10 custody of the same child in this or any other state;
11 (2) he has information of any custody proceeding
12 concerning the child pending in a court of this or any other
13 state; and
14 (3) he knows of any person not a party to the
15 proceedings who has physical custody of the child or claims
16 to have custody or visitation rights with respect to the
17 child.
18 (b) Additional information.--If the declaration as to any of
19 the items set forth in subsection (a) is in the affirmative, the
20 declarant shall give additional information under oath as
21 required by the court. The court may examine the parties under
22 oath as to details of the information furnished and as to other
23 matters pertinent to the jurisdiction of the court and the
24 disposition of the case.
25 (c) Continuing duty.--Each party has a continuing duty to
26 inform the court of any custody proceeding concerning the child
27 in this Commonwealth or any other state of which he obtained
28 information during proceedings under this subchapter.
29 § 5351. Additional parties.
30 If the court learns from information furnished by the parties
19890H1023B4215 - 81 -
1 pursuant to section 5350 (relating to information under oath to
2 be submitted to the court) or from other sources that a person
3 not a party to the custody proceeding has physical custody of
4 the child or claims to have custody or visitation rights with
5 respect to the child, it shall order that person to be joined as
6 a party and to be duly notified of the pendency of the
7 proceeding and of his joinder as a party. If the person joined
8 as a party is outside this Commonwealth, he shall be served with
9 process or otherwise notified in accordance with section 5346
10 (relating to notice to persons outside this Commonwealth;
11 submission to jurisdiction).
12 § 5352. Appearance of parties and the child.
13 (a) General rule.--The court may order any party to the
14 proceeding who is in this Commonwealth to appear personally
15 before the court. If that party has physical custody of the
16 child, the court may order that he appear personally with the
17 child.
18 (b) Out-of-State persons.--If a party to the proceeding
19 whose presence is desired by the court is outside this
20 Commonwealth with or without the child, the court may order that
21 the notice given under section 5346 (relating to notice to
22 persons outside this Commonwealth; submission to jurisdiction)
23 include a statement directing that party to appear personally
24 with or without the child and declaring that failure to appear
25 may result in a decision adverse to that party.
26 (c) Costs and expenses.--If a party to the proceeding who is
27 outside this Commonwealth is directed to appear under subsection
28 (b) or desires to appear personally before the court with or
29 without the child, the court may require another party to pay
30 travel and other necessary expenses of the party so appearing
19890H1023B4215 - 82 -
1 and of the child if this is just and proper under the
2 circumstances.
3 § 5353. Binding force and res judicata effect of custody
4 decree.
5 A custody decree rendered by a court of this Commonwealth
6 which had jurisdiction under section 5344 (relating to
7 jurisdiction) binds all parties who have been served in this
8 Commonwealth or notified in accordance with section 5346
9 (relating to notice to persons outside this Commonwealth;
10 submission to jurisdiction) or who have submitted to the
11 jurisdiction of the court, and who have been given an
12 opportunity to be heard. As to these parties, the custody decree
13 is conclusive as to all issues of law and fact decided and as to
14 the custody determination made unless and until that
15 determination is modified pursuant to law, including the
16 provisions of this subchapter.
17 § 5354. Recognition of out-of-State custody decrees.
18 The courts of this Commonwealth shall recognize and enforce
19 an initial or modification decree of a court of another state
20 which had assumed jurisdiction under statutory provisions
21 substantially in accordance with this subchapter or which was
22 made under factual circumstances meeting the jurisdictional
23 standards of this subchapter, so long as the decree has not been
24 modified in accordance with jurisdictional standards
25 substantially similar to those of this subchapter.
26 § 5355. Modification of custody decree of another state.
27 (a) General rule.--If a court of another state has made a
28 custody decree, a court of this Commonwealth shall not modify
29 that decree unless:
30 (1) it appears to the court of this Commonwealth that
19890H1023B4215 - 83 -
1 the court which rendered the decree does not now have
2 jurisdiction under jurisdictional prerequisites substantially
3 in accordance with this subchapter or has declined to assume
4 jurisdiction to modify the decree; and
5 (2) the court of this Commonwealth has jurisdiction.
6 (b) Consideration of out-of-State record.--If a court of
7 this Commonwealth is authorized under subsection (a) and section
8 5349 (relating to jurisdiction declined by reason of conduct) to
9 modify a custody decree of another state, it shall give due
10 consideration to the transcript of the record and other
11 documents of all previous proceedings submitted to it in
12 accordance with section 5363 (relating to request for court
13 records of another state).
14 § 5356. Filing and enforcement of custody decree of another
15 state.
16 (a) General rule.--A certified copy of a custody decree of
17 another state whose decrees are recognized under section 5354
18 (relating to recognition of out-of-State custody decrees) may be
19 filed in any office of the clerk of the court of common pleas of
20 this Commonwealth. The clerk shall treat the decree in the same
21 manner as a custody decree of a court of common pleas of this
22 Commonwealth. A custody decree so filed has the same effect and
23 shall be enforced in like manner as a custody decree rendered by
24 a court of this Commonwealth.
25 (b) Costs and expenses.--A person violating a custody decree
26 of another state which makes it necessary to enforce the decree
27 in this Commonwealth may be required to pay necessary travel and
28 other expenses, including attorney fees, incurred by the party
29 entitled to the custody or his witnesses.
30 § 5357. Registry of out-of-State custody decrees and
19890H1023B4215 - 84 -
1 proceedings.
2 Each office of the clerk of the court of common pleas shall
3 maintain a registry in which it shall enter the following:
4 (1) Certified copies of custody decrees of other states
5 received for filing.
6 (2) Communications as to the pendency of custody
7 proceedings in other states.
8 (3) Communications concerning a finding of inconvenient
9 forum by a court of another state.
10 (4) Other communications or documents concerning custody
11 proceedings in another state which may affect the
12 jurisdiction of a court of this Commonwealth or the
13 disposition to be made by it in a custody proceeding.
14 § 5358. Certified copies of custody decree.
15 The office of the clerk of the court of common pleas, at the
16 request of the court of another state or at the request of any
17 person who is affected by or has a legitimate interest in a
18 custody decree, shall certify and forward a copy of the decree
19 to that court or person.
20 § 5359. Taking testimony in another state.
21 In addition to other procedural devices available to a party,
22 any party to the proceeding or a guardian ad litem or other
23 representative of the child may adduce testimony of witnesses,
24 including parties and the child, by deposition or otherwise, in
25 another state. The court on its own motion may direct that the
26 testimony of a person be taken in another state and may
27 prescribe the manner in which and the terms upon which the
28 testimony shall be taken.
29 § 5360. Hearings and studies in another state; orders to
30 appear.
19890H1023B4215 - 85 -
1 (a) Hearings and studies.--A court of this Commonwealth may
2 request the appropriate court of another state to hold a hearing
3 to adduce evidence, to order a party to produce or give evidence
4 under other procedures of that state, or to have social studies
5 made with respect to the custody of a child involved in
6 proceedings pending in the court of this Commonwealth; and to
7 forward to the court of this Commonwealth certified copies of
8 the transcript of the record of the hearing, the evidence
9 otherwise adduced, or any social studies prepared in compliance
10 with the request. Subject to general rules, the cost of the
11 services may be assessed against the parties or, if necessary,
12 ordered paid by the county.
13 (b) Order to appear.--A court of this Commonwealth may
14 request the appropriate court of another state to order a party
15 to custody proceedings pending in the court of this Commonwealth
16 to appear in the proceedings, and, if that party has physical
17 custody of the child, to appear with the child. The request may
18 state that travel and other necessary expenses of the party and
19 of the child whose appearance is desired will be assessed
20 against another party or will otherwise be paid.
21 § 5361. Assistance to courts of other states.
22 (a) General rule.--Upon request of the court of another
23 state, the courts of this Commonwealth which are competent to
24 hear custody matters may order a person in this Commonwealth to
25 appear at a hearing to adduce evidence or to produce or give
26 evidence under other procedures available in this Commonwealth
27 or may order social studies to be made for use in a custody
28 proceeding in another state. A certified copy of the transcript
29 of the record of the hearing or the evidence otherwise adduced,
30 any psychological studies and any social studies prepared shall
19890H1023B4215 - 86 -
1 be forwarded to the requesting court.
2 (b) Voluntary testimony.--A person within this Commonwealth
3 may voluntarily give his testimony or statement in this
4 Commonwealth for use in a custody proceeding outside this
5 Commonwealth.
6 (c) Appearance in other state.--Upon request of the court of
7 another state, a competent court of this Commonwealth may order
8 a person in this Commonwealth to appear alone or with the child
9 in a custody proceeding in another state. The court may
10 condition compliance with the request upon assurance by the
11 other state that travel and other necessary expenses will be
12 advanced or reimbursed.
13 § 5362. Preservation of documents for use in other states.
14 In any custody proceeding in this Commonwealth, the court
15 shall preserve the pleadings, orders and decrees, any record
16 that has been made of its hearings, social studies and other
17 pertinent documents until the child reaches 18 years of age.
18 Upon appropriate request of the court of another state, the
19 court shall forward to the other court certified copies of any
20 or all of such documents.
21 § 5363. Request for court records of another state.
22 If a custody decree has been rendered in another state
23 concerning a child involved in a custody proceeding pending in a
24 court of this Commonwealth, the court of this Commonwealth upon
25 taking jurisdiction of the case shall request of the court of
26 the other state a certified copy of the transcript of any court
27 record and other documents mentioned in section 5362 (relating
28 to preservation of documents for use in other states).
29 § 5364. Intrastate application.
30 (a) General rule.--Except as otherwise provided in this
19890H1023B4215 - 87 -
1 section, the provisions of this subchapter allocating
2 jurisdiction and functions between and among courts of different
3 states shall also allocate jurisdiction and functions between
4 and among the courts of common pleas of this Commonwealth.
5 (b) Home jurisdiction.--For the purposes of the definition
6 of "home state" in section 5343 (relating to definitions), a
7 period of temporary absence of the child from the physical
8 custody of the parent, person acting as parent or institution
9 shall not affect the six months or other period.
10 (c) Petitioner.--As used in this subchapter, insofar as
11 relates to the allocation of jurisdiction and functions between
12 and among the courts of common pleas of this Commonwealth, the
13 term "petitioner" means anyone seeking change in the status of
14 custody of a child either by an affirmative action brought in a
15 court or as a defense to a custody action brought by a person
16 acting as parent who had previously been awarded custody of the
17 child.
18 (d) Effect of agency investigation.--Section 5344(a)(5)
19 (relating to jurisdiction) shall not be applicable for the
20 purposes of this section.
21 (e) Period of notice.--Notice under section 5346 (relating
22 to notice to persons outside this Commonwealth; submission to
23 jurisdiction) shall be served, mailed, delivered or last
24 published at least 20 days before any hearing.
25 (f) Jurisdiction declined by reason of conduct.--
26 (1) If it is just and proper under the circumstances,
27 when the petitioner for an initial decree has wrongfully
28 taken the child from another jurisdiction or has engaged in
29 improper conduct intending to benefit his position in a
30 custody proceeding, upon presentation of the petition, the
19890H1023B4215 - 88 -
1 court shall decline to exercise jurisdiction or shall
2 exercise jurisdiction only to issue an order, pending a full
3 hearing in the appropriate jurisdiction, returning the
4 parties to the custodial status quo existing prior to the
5 improper conduct or wrongful taking unless the petitioner can
6 show that conditions in the former custodial household are
7 physically or emotionally harmful to the child.
8 (2) Unless required in the interest of the child, the
9 court shall not exercise its jurisdiction to modify a custody
10 decree of another court if the petitioner, without consent of
11 the person entitled to custody has:
12 (i) improperly removed the child from the physical
13 custody of the person entitled to custody;
14 (ii) improperly retained the child after a visit or
15 other temporary relinquishment of physical custody; or
16 (iii) removed the child from the jurisdiction of the
17 court entering the decree without 20 days' written notice
18 to the court entering the decree and any party entitled
19 to custody or visitation rights under the terms of the
20 decree.
21 If the petitioner has violated any provision of a custody
22 decree of another court, the court shall decline to exercise
23 its jurisdiction unless the contestant can show that
24 conditions in the custodial household are physically or
25 emotionally harmful to the child. The burden of proof on this
26 issue is on the contestant requesting the court to take
27 jurisdiction.
28 (3) Subject to general rules, in appropriate cases a
29 court dismissing a petition under this subsection may charge
30 the petitioner with necessary travel and other expenses,
19890H1023B4215 - 89 -
1 including attorney fees, incurred by other parties or their
2 witnesses.
3 (g) Statewide orders.--A court may under section 5352(a)
4 (relating to appearance of parties and the child) issue orders
5 to any party to the proceeding who is in any judicial district
6 of this Commonwealth.
7 (h) Modification of custody decrees.--
8 (1) If another court has made a custody decree, a court
9 before which a petition for modification is pending shall not
10 modify the decree of the other court unless it appears to the
11 court before which the petition is pending that the other
12 court which rendered the decree does not have jurisdiction
13 under jurisdictional prerequisites substantially in
14 accordance with this subchapter or has declined to assume
15 jurisdiction to modify its decree and the provisions of
16 subsection (f)(2) will not be violated by an exercise of
17 jurisdiction by the court before which the petition is
18 pending.
19 (2) If a court of this Commonwealth is authorized under
20 paragraph (1) to modify a custody decree of another court, it
21 shall give due consideration to the transcript of the record
22 and other documents of all previous proceedings submitted to
23 it in accordance with section 5363 (relating to request for
24 court records of another state).
25 § 5365. International application.
26 The general policies of this subchapter, extend to the
27 international area. The provisions of this subchapter relating
28 to the recognition and enforcement of custody decrees of other
29 states apply to custody decrees and decrees involving legal
30 institutions similar in nature to custody institutions rendered
19890H1023B4215 - 90 -
1 by appropriate authorities of other nations if reasonable notice
2 and opportunity to be heard were given to all affected persons.
3 § 5366. Priority.
4 Upon the request of a party to a custody proceeding which
5 raises a question of existence or exercise of jurisdiction under
6 this subchapter, the case shall be given calendar priority and
7 handled expeditiously.
8 CHAPTER 55
9 LIABILITY FOR TORTIOUS ACTS OF CHILDREN
10 Sec.
11 5501. Definitions.
12 5502. Liability of parents.
13 5503. Establishing liability in criminal or juvenile
14 proceedings.
15 5504. Establishing liability in civil proceedings.
16 5505. Monetary limits of liability.
17 5506. Double recovery for same injury prohibited.
18 5507. Indemnity or contribution from child prohibited.
19 5508. Liability of parent not having custody or control of
20 child.
21 5509. Other liability of parent or child unaffected.
22 § 5501. Definitions.
23 The following words and phrases when used in this chapter
24 shall have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Child." An individual under 18 years of age.
27 "Injury." Includes injury to the person and theft,
28 destruction or loss of property.
29 "Parent." Includes natural or adoptive parents.
30 "Person." Includes government units and Federal agencies.
19890H1023B4215 - 91 -
1 "Tortious act." A willful tortious act resulting in injury.
2 § 5502. Liability of parents.
3 Any parent whose child is found liable or is adjudged guilty
4 by a court of competent jurisdiction of a tortious act shall be
5 liable to the person who suffers the injury to the extent set
6 forth in this chapter.
7 § 5503. Establishing liability in criminal or juvenile
8 proceedings.
9 (a) General rule.--In any criminal proceeding against a
10 child and in any proceeding against a child under 42 Pa.C.S. Ch.
11 63 (relating to juvenile matters), the court shall ascertain the
12 amount sufficient to fully reimburse any person who has suffered
13 injury because of the tortious act of the child and direct the
14 parents to make payment in the amount not to exceed the
15 limitations set forth in section 5505 (relating to monetary
16 limits of liability).
17 (b) Noncompliance with direction of court.--If the parents
18 fail to comply with the direction of the court, the amount may
19 be recovered in a civil action against the parents or either of
20 them.
21 § 5504. Establishing liability in civil proceedings.
22 (a) Petition.--If a judgment has been rendered against the
23 child in a civil action for injury because of the tortious act
24 of the child and the judgment has not been satisfied within a
25 period of 30 days, the injured person may petition the court for
26 a rule to show cause why judgment should not be entered against
27 the parent.
28 (b) Answer and trial.--The parent may file an answer to the
29 petition, and, if there is any dispute as to unlitigated facts,
30 the case shall be set down for trial.
19890H1023B4215 - 92 -
1 (c) Judgment.--If there is no dispute as to the unlitigated
2 facts, the court shall authorize the entry of a judgment against
3 the parent. In no case shall the judgment against the parent
4 exceed the limitations set forth in section 5505 (relating to
5 monetary limits of liability).
6 § 5505. Monetary limits of liability.
7 (a) General rule.--Liability of the parents under this
8 chapter shall be limited to:
9 (1) The sum of $300 for injuries suffered by any one
10 person as a result of one tortious act or continuous series
11 of tortious acts.
12 (2) The sum of $1,000 regardless of the number of
13 persons who suffer injury as a result of one tortious act or
14 continuous series of tortious acts.
15 (b) Proceedings where loss exceeds liability.--In the event
16 that actual loss as ascertained by the court or the judgment
17 against the child exceeds $1,000, the parents shall be
18 discharged from further liability by the payment of $1,000 into
19 court. The court shall cause all aggrieved parties to submit
20 itemized statements of loss in writing and shall make
21 distribution proportionately, whether the claims be for injuries
22 to the person or for theft, destruction or loss of property. The
23 court may take testimony to assist it in making proper
24 distribution and may appoint a master to accomplish this
25 purpose. All costs and fees incurred in these proceedings shall
26 be paid from the $1,000 paid into court.
27 (c) Joint acts by children of same parent.--The limitations
28 on liability set forth in subsections (a) and (b) shall be
29 applicable when two or more children of the same parent engage
30 jointly in the commission of one tortious act or series of
19890H1023B4215 - 93 -
1 tortious acts.
2 § 5506. Double recovery for same injury prohibited.
3 In no case shall there be a double recovery for one injury.
4 Any judgment against a child resulting from a tortious act for
5 which a parent makes payment under this chapter shall be reduced
6 by the amount paid by the parent.
7 § 5507. Indemnity or contribution from child prohibited.
8 The parent shall have no right of indemnity or contribution
9 against the child.
10 § 5508. Liability of parent not having custody or control of
11 child.
12 (a) General rule.--No liability may be imposed upon a parent
13 under this chapter if, at the time of commission of the tortious
14 act, the parent has neither custody of the child nor is entitled
15 to custody of the child or if the child is institutionalized or
16 emancipated.
17 (b) Exception.--No parent is absolved of liability due to
18 the desertion of the child by the parent.
19 § 5509. Other liability of parent or child unaffected.
20 The liability imposed upon parents by this chapter shall not
21 limit the common-law liability of parents for damages caused by
22 a child and shall be separate and apart from any liability which
23 may be imposed upon the child.
24 PART VII
25 ABUSE OF FAMILY
26 Chapter
27 61. Protection From Abuse
28 63. Child Protective Services
29 CHAPTER 61
30 PROTECTION FROM ABUSE
19890H1023B4215 - 94 -
1 Sec.
2 6101. Short title of chapter.
3 6102. Definitions.
4 6103. Effect of departure to avoid abuse.
5 6104. Registration of order.
6 6105. Responsibilities of local law enforcement agencies.
7 6106. Commencement of proceedings.
8 6107. Hearings.
9 6108. Relief.
10 6109. Service of orders.
11 6110. Emergency relief by minor judiciary.
12 6111. Domestic violence counselor/advocate.
13 6112. Disclosure of addresses.
14 6113. Arrest for violation of order.
15 6114. Contempt for violation of order or agreement.
16 6115. Reporting abuse and immunity.
17 6116. Confidentiality.
18 6117. Procedure and other remedies.
19 § 6101. Short title of chapter.
20 This chapter shall be known and may be cited as the
21 Protection From Abuse Act.
22 § 6102. Definitions.
23 (a) General rule.--The following words and phrases when used
24 in this chapter shall have the meanings given to them in this
25 section unless the context clearly indicates otherwise:
26 "Abuse." The occurrence of one or more of the following acts
27 between family or household members, sexual or intimate partners
28 or persons who share biological parenthood:
29 (1) Attempting to cause or intentionally, knowingly or
30 recklessly causing bodily injury, serious bodily injury,
19890H1023B4215 - 95 -
1 rape, spousal sexual assault or involuntary deviate sexual
2 intercourse with or without a deadly weapon.
3 (2) Placing by physical menace another in fear of
4 imminent serious bodily injury.
5 (3) The infliction of false imprisonment pursuant to 18
6 Pa.C.S. § 2903 (relating to false imprisonment).
7 (4) Physically or sexually abusing minor children,
8 including such terms as defined in Chapter 63 (relating to
9 child protective services).
10 "Adult." An individual who is 18 years of age or older.
11 "Bail commissioners." Bail commissioners of the Philadelphia <--
12 Municipal Court.
13 "Confidential communications." Information, whether written
14 or spoken, transmitted between a victim and a domestic violence
15 counselor or advocate in the course of the relationship and in
16 confidence by a means which, insofar as the victim is aware,
17 discloses the information to no third person other than to those
18 who are present to further the interest of the victim in the
19 consultation or assistance, to those who are coparticipants in
20 the counseling service or to those to whom disclosure is
21 reasonably necessary for the transmission of the information or
22 an accomplishment of the purpose for which the domestic violence
23 counselor or advocate is consulted. The term includes
24 information received or given by the domestic violence counselor
25 or advocate in the course of the relationship, as well as
26 advice, reports or working papers given or made in the course of
27 the relationship.
28 "Domestic violence counselor/advocate." An individual who is
29 engaged in a domestic violence program, who provides services to
30 victims of domestic violence, who has undergone 40 hours of
19890H1023B4215 - 96 -
1 training and who is under the control of a direct services
2 supervisor of a domestic violence program, the primary purpose
3 of which is the rendering of counseling or assistance to victims
4 of domestic violence.
5 "Domestic violence program." A nonprofit organization or
6 program whose primary purpose is to provide services to domestic
7 violence victims which include, but are not limited to, crisis
8 hotline; safe homes or shelters; community education; counseling
9 systems intervention and interface; transportation, information
10 and referral; and victim assistance.
11 "Family or household members." Spouses or persons who have
12 been spouses, persons living as spouses or who lived as spouses,
13 parents and children, other persons related by consanguinity or
14 affinity, current or former sexual or intimate partners or
15 persons who share biological parenthood.
16 "HEARING OFFICER." A DISTRICT JUSTICE, JUDGE OF THE <--
17 PHILADELPHIA MUNICIPAL COURT, BAIL COMMISSIONER APPOINTED UNDER
18 42 PA.C.S. § 1123 (RELATING TO JURISDICTION AND VENUE) AND
19 MASTER APPOINTED UNDER 42 PA.C.S. § 1126 (RELATING TO MASTERS).
20 "Minor." An individual who is not an adult.
21 "Victim." A person who is physically or sexually abused by a
22 family or household member.
23 (b) Other terms.--Terms not otherwise defined in this
24 chapter shall have the meaning given to them in 18 Pa.C.S.
25 (relating to crimes and offenses).
26 § 6103. Effect of departure to avoid abuse.
27 The court shall have jurisdiction over all proceedings under
28 this chapter. The right of plaintiff to relief under this
29 chapter shall not be affected by plaintiff leaving the residence
30 or household to avoid further abuse.
19890H1023B4215 - 97 -
1 § 6104. Registration of order.
2 (a) Registry.--The prothonotary shall maintain a registry in
3 which it shall enter certified copies of orders entered by
4 courts from other jurisdictions in this Commonwealth pursuant to
5 this chapter.
6 (b) Registration of order in any county.--A plaintiff who
7 obtains a valid order under this chapter may register that order
8 in any county within this Commonwealth where the plaintiff
9 believes enforcement may be necessary. A court shall recognize
10 and enforce a valid order under this chapter which has been
11 issued by another court but properly registered with a county
12 within the judicial district of the court where enforcement is
13 sought.
14 (c) Certified copy.--A valid order under this chapter may be
15 registered by the plaintiff in a county other than the issuing
16 county by obtaining a certified copy of the order of the issuing
17 court endorsed by the prothonotary of that court and presenting
18 that certified order to the prothonotary where the order is to
19 be registered.
20 (d) Proof of registration.--Upon receipt of a certified
21 order for registration, the prothonotary shall provide the
22 plaintiff with a copy bearing the proof of registration to be
23 filed with the appropriate law enforcement agency.
24 § 6105. Responsibilities of local law enforcement agencies.
25 The police department of each municipal corporation shall
26 insure that all its officers and employees are familiar with the
27 provisions of this chapter. Instruction concerning protection
28 from abuse shall be made a part of the training curriculum for
29 all trainee officers.
30 § 6106. Commencement of proceedings.
19890H1023B4215 - 98 -
1 (a) General rule.--An adult or an emancipated minor may seek
2 relief under this chapter for that person or any parent, adult
3 household member or guardian ad litem may seek relief under this
4 chapter on behalf of minor children, or a guardian of the person
5 of an adult who has been declared incompetent under 20 Pa.C.S.
6 Ch. 51 Subch. B (relating to appointment of guardian) may seek
7 relief on behalf of the incompetent adult, by filing a petition
8 with the court alleging abuse by the defendant.
9 (b) Affidavit of insufficient funds for fees.--If the
10 plaintiff files an affidavit stating that plaintiff does not
11 have funds available to pay the fees for filing and service, the
12 petition shall be filed and service shall be made without
13 payment of fees, and leave of court to proceed in forma pauperis
14 shall not be required.
15 (c) Determination of indigency.--When the petition is filed
16 without payment of fees, the court shall determine at the
17 hearing on the petition whether the plaintiff is able to pay the
18 costs of filing and service. If the plaintiff is unable to pay
19 the costs of filing and service, the court may waive the payment
20 of costs or, if the plaintiff prevails in the action, assign
21 them to the defendant. This subsection and subsection (b) apply
22 to courts of common pleas, the Philadelphia Municipal Court, <--
23 bail commissioners and district justices. AND HEARING OFFICERS. <--
24 (d) Court to adopt means of service.--The court shall adopt
25 a means of prompt and effective service in those instances where
26 the plaintiff avers that service cannot be safely effected by an
27 adult individual other than a law enforcement officer or where
28 the court so orders.
29 (e) Service by sheriff.--If the plaintiff files an affidavit
30 stating that the plaintiff does not have funds available to pay
19890H1023B4215 - 99 -
1 the costs of filing and service or if the court so orders, the
2 sheriff or other designated agency or individual shall serve the
3 petition and order without prepayment of costs.
4 (f) Service of petition and orders.--The petition and orders
5 shall be served upon the defendant, and orders shall be served
6 upon the police departments with appropriate jurisdiction to
7 enforce the orders. Orders shall be promptly served on the
8 police. Failure to serve shall not stay the effect of a valid
9 order.
10 (g) Assistance and advice to plaintiff.--The courts, <--
11 district justices, the Philadelphia Municipal Court and bail
12 commissioners AND HEARING OFFICERS shall: <--
13 (1) Provide simplified forms and clerical assistance in
14 English and Spanish to help with the writing and filing of
15 the petition for a protection order for an individual not
16 represented by counsel.
17 (2) Advise a plaintiff not represented by counsel of the
18 right to file an affidavit stating that the plaintiff does
19 not have funds available to pay the costs of filing and
20 service and assist with the writing and filing of the
21 affidavit.
22 § 6107. Hearings.
23 (a) General rule.--Within ten days of the filing of a
24 petition under this chapter, a hearing shall be held before the
25 court, at which the plaintiff must prove the allegation of abuse
26 by a preponderance of the evidence. The court shall advise the
27 defendant of the right to be represented by counsel.
28 (b) Temporary orders.--If a plaintiff petitions for
29 temporary order for protection from abuse and alleges immediate
30 and present danger of abuse to the plaintiff or minor children,
19890H1023B4215 - 100 -
1 the court shall conduct an ex-parte proceeding. The court may
2 enter such a temporary order as it deems necessary to protect
3 the plaintiff or minor children when it finds they are in
4 immediate and present danger of abuse.
5 (c) Continued hearings.--If a hearing under subsection (a)
6 is continued, the court may make or extend such temporary orders
7 under subsection (b) as it deems necessary.
8 (d) Costs.--If the plaintiff prevails, the court shall
9 assign costs to the defendant unless the parties agree
10 otherwise. If the defendant is indigent, costs shall be waived.
11 § 6108. Relief.
12 (a) General rule.--The court may grant any protection order
13 or approve any consent agreement to bring about a cessation of
14 abuse of the plaintiff or minor children. The order or agreement
15 may include:
16 (1) Directing the defendant to refrain from abusing the
17 plaintiff or minor children.
18 (2) Granting possession to the plaintiff of the
19 residence or household to the exclusion of the defendant by
20 evicting the defendant or restoring possession to the
21 plaintiff when the residence or household is jointly owned or
22 leased by the parties, is owned or leased by the entireties
23 or is owned or leased solely by the plaintiff.
24 (3) When the defendant has a duty to support the
25 plaintiff or minor children living in the residence or
26 household and the defendant is the sole owner or lessee,
27 granting possession to the plaintiff of the residence or
28 household to the exclusion of the defendant by evicting the
29 defendant or restoring possession to the plaintiff or, by
30 consent agreement, allowing the defendant to provide suitable
19890H1023B4215 - 101 -
1 alternate housing.
2 (4) Awarding temporary custody of or establishing
3 temporary visitation rights with regard to minor children. A
4 defendant shall not be granted custody or partial custody
5 where it is alleged in the petition, and the court finds
6 after a hearing under this chapter, that the defendant abused
7 the minor children of the parties or where the defendant has
8 been convicted of violating 18 Pa.C.S. § 2904 (relating to
9 interference with custody of children) within two calendar
10 years prior to the filing of the petition for protection
11 order. If a plaintiff petitions for a temporary order under
12 section 6107(b) (relating to hearings) and the defendant has
13 partial, shared or full custody of the minor children of the
14 parties by order of court or written agreement of the
15 parties, the custody shall not be disturbed or changed unless
16 the court finds that the defendant is likely to inflict abuse
17 upon the children or to remove the children from the
18 jurisdiction of the court prior to the hearing under section
19 6107(a). Nothing in this paragraph shall bar either party
20 from filing a petition for custody under 23 Pa.C.S. Ch. 53
21 (relating to custody) or under the Pennsylvania Rules of
22 Civil Procedure. The court shall consider, and may impose on
23 a custody award, conditions necessary to assure the safety of
24 the plaintiff and minor children from abuse.
25 (5) After a hearing in accordance with section 6107(a),
26 directing the defendant to pay financial support to those
27 persons the defendant has a duty to support. The support
28 order shall be temporary, and any beneficiary of the order
29 must file a complaint for support under the provisions of
30 Chapters 43 (relating to support matters generally) and 45
19890H1023B4215 - 102 -
1 (relating to reciprocal enforcement of support orders) within
2 two weeks of the date of the issuance of the protection
3 order. If a complaint for support is not filed, that portion
4 of the protection order requiring the defendant to pay
5 support is void. When there is a subsequent ruling on a
6 complaint for support, the portion of the protection order
7 requiring the defendant to pay support expires.
8 (6) Prohibiting the defendant from having any contact
9 with the plaintiff, including, but not limited to,
10 restraining the defendant from entering the place of
11 employment or business or school of the plaintiff and from
12 harassing the plaintiff or plaintiff's relatives or minor
13 children.
14 (7) Ordering the defendant to temporarily relinquish to
15 the sheriff the defendant's weapons which have been used or
16 been threatened to be used in an incident of abuse against
17 the plaintiff or the minor children. The court's order shall
18 provide for the return of the weapons to the defendant
19 subject to any restrictions and conditions as the court shall
20 deem appropriate to protect the plaintiff or minor children
21 from further abuse through the use of weapons.
22 (8) Directing the defendant to pay the plaintiff for
23 reasonable losses suffered as a result of the abuse,
24 including medical, dental, relocation and moving expenses;
25 counseling; loss of earnings or support; and other out-of-
26 pocket losses for injuries sustained. In addition to out-of-
27 pocket losses, the court may direct the defendant to pay
28 reasonable attorney fees.
29 (b) Duration and amendment of order or agreement.--A
30 protection order or approved consent agreement shall be for a
19890H1023B4215 - 103 -
1 fixed period of time not to exceed one year. The court may amend
2 its order or agreement at any time upon subsequent petition
3 filed by either party.
4 (c) Title to real property unaffected.--No order or
5 agreement under this chapter shall in any manner affect title to
6 any real property.
7 § 6109. Service of orders.
8 (a) Issuance.--A copy of an order under this chapter shall
9 be issued to the plaintiff, the defendant and the police
10 department with appropriate jurisdiction to enforce the order or
11 agreement in accordance with the provisions of this chapter or
12 as ordered by the court, district justice, the Philadelphia <--
13 Municipal Court or bail commissioners. OR HEARING OFFICER. <--
14 (b) Placement in county registry.--Upon receipt of an order,
15 the police department shall immediately place the order in a
16 county registry of protection orders. The police department
17 shall assure that the registry is current at all times and that
18 orders are removed upon expiration thereof.
19 § 6110. Emergency relief by minor judiciary.
20 (a) General rule.--When, in counties with less than four
21 judges, the court is unavailable during the business day by
22 reason of duties outside the county, illness or vacation, and
23 when, in counties with at least four judges, the court deems
24 itself unavailable from the close of business at the end of each
25 day to the resumption of business the next morning or from the
26 end of the business week to the beginning of the business week,
27 a petition may be filed before a district justice, bail <--
28 commissioner or judge of the Philadelphia Municipal Court
29 HEARING OFFICER who may grant relief in accordance with section <--
30 6108(a)(1) and (2) or (1) and (3) (relating to relief) if the
19890H1023B4215 - 104 -
1 district justice, bail commissioner or judge HEARING OFFICER <--
2 deems it necessary to protect the plaintiff or minor children
3 from abuse upon good cause shown in an ex parte proceeding.
4 Immediate and present danger of abuse to the plaintiff or minor
5 children shall constitute good cause for the purposes of this
6 subsection.
7 (b) Expiration of order.--An order issued under subsection
8 (a) shall expire as of the resumption of business of the court
9 at the beginning of the next business day, at which time the
10 court shall schedule hearings on protection orders entered by
11 district justices, bail commissioners or Philadelphia Municipal <--
12 Court Judges HEARING OFFICERS under subsection (a) and shall <--
13 review and continue in effect protection orders that are
14 necessary to protect the plaintiff or minor children from abuse
15 until the hearing, at which time the plaintiff may seek a
16 temporary order from the court.
17 (c) Certification of order to court.--An emergency order
18 issued under this section and any documentation in support
19 thereof shall be immediately certified to the court. The
20 certification to the court shall have the effect of commencing
21 proceedings under section 6106 (relating to commencement of
22 proceedings) and invoking the other provisions of this chapter.
23 If it is not already alleged in a petition for an emergency
24 order, the plaintiff shall file a verified statement setting
25 forth the abuse of defendant at least five days prior to the
26 hearing. Service of the verified statement shall be made subject
27 to section 6106.
28 (d) Instructions regarding the commencement of
29 proceedings.--Upon issuance of an emergency order, the district <--
30 justice, bail commissioner or Philadelphia Municipal Court Judge
19890H1023B4215 - 105 -
1 HEARING OFFICER shall provide the plaintiff instructions <--
2 regarding the commencement of proceedings in the court of common
3 pleas at the beginning of the next business day and regarding
4 the procedures for initiating a contempt charge should the
5 defendant violate the emergency order. The district justice, a <--
6 bail commissioner or Philadelphia Municipal Court Judge HEARING <--
7 OFFICER shall also advise the plaintiff of the existence of
8 programs for victims of domestic violence in the county or in
9 nearby counties and inform the plaintiff of the availability of
10 legal assistance without cost if the plaintiff is unable to pay
11 for them.
12 § 6111. Domestic violence counselor/advocate.
13 A domestic violence counselor/advocate may accompany a party
14 to a hearing under this chapter.
15 § 6112. Disclosure of addresses.
16 During the course of a proceeding under this chapter, the
17 court, district justice, Philadelphia Municipal Court Judge or <--
18 bail commissioner OR HEARING OFFICER may consider whether the <--
19 plaintiff or plaintiff's family is endangered by disclosure of
20 the permanent or temporary address of the plaintiff or minor
21 children. Neither in the pleadings nor during proceedings or
22 hearings under this chapter shall the court, district justice, <--
23 Philadelphia Municipal Court Judge or bail commissioner OR <--
24 HEARING OFFICER require disclosure of the address of a domestic
25 violence program.
26 § 6113. Arrest for violation of order.
27 (a) General rule.--An arrest for violation of an order
28 issued pursuant to this chapter may be without warrant upon
29 probable cause whether or not the violation is committed in the
30 presence of the police officer. The police officer may verify,
19890H1023B4215 - 106 -
1 if necessary, the existence of a protection order by telephone
2 or radio communication with the appropriate police department,
3 county registry or issuing authority.
4 (b) Seizure of weapons.--Subsequent to an arrest, the police
5 officer shall seize all weapons used or threatened to be used
6 during the violation of the protection order or during prior
7 incidents of abuse. As soon as it is reasonably possible, the
8 arresting officer shall deliver the confiscated weapons to the
9 office of the sheriff. The sheriff shall maintain possession of
10 the weapons until the court issues an order specifying the
11 weapons to be relinquished and the persons to whom the weapons
12 shall be relinquished.
13 (c) Procedure following arrest.--Subsequent to an arrest,
14 the defendant shall be taken by the police officer without
15 unnecessary delay before the court in the judicial district
16 where the contempt is alleged to have occurred. When that court
17 is unavailable, the police officer shall convey the defendant to
18 a district justice designated as appropriate by local rules of
19 court, the Philadelphia Municipal Court or designated bail <--
20 commissioner. OR, IN COUNTIES OF THE FIRST CLASS, TO THE <--
21 APPROPRIATE HEARING OFFICER.
22 (d) Preliminary arraignment.--The defendant shall be
23 afforded a preliminary arraignment without unnecessary delay.
24 (e) Other emergency powers unaffected.--This section shall
25 not be construed to in any way limit any of the other powers for
26 emergency relief provided in this chapter.
27 (f) Hearing.--A hearing on a charge or allegation of
28 indirect criminal contempt shall not preclude a hearing on other
29 criminal charges underlying the contempt, nor shall a hearing on
30 other criminal charges preclude a hearing on a charge of
19890H1023B4215 - 107 -
1 indirect criminal contempt.
2 (g) Notice.--Notice shall be given to the defendant, in
3 orders issued pursuant to section 6108 (relating to relief), of
4 the possible ramifications of resumption of residence in the
5 family domicile contrary to court order. Resumption of co-
6 residence on the part of the plaintiff and defendant shall not
7 nullify the provisions of the court order directing the
8 defendant to refrain from abusing the plaintiff or minor
9 children.
10 § 6114. Contempt for violation of order or agreement.
11 (a) General rule.--Upon violation of a protection order
12 issued under this chapter or a court-approved consent agreement,
13 the court may hold the defendant in indirect criminal contempt
14 and punish the defendant in accordance with law.
15 (b) Trial and punishment.--A sentence for contempt under
16 this chapter may include imprisonment up to six months or a fine
17 not to exceed $1,000, or both, and may include other relief set
18 forth in this chapter. The defendant shall not have a right to a
19 jury trial on such a charge; however, the defendant shall be
20 entitled to counsel.
21 § 6115. Reporting abuse and immunity.
22 (a) Reporting.--A person having reasonable cause to believe
23 that a person is being abused may report the information to the
24 local police department.
25 (b) Contents of report.--The report should contain the name
26 and address of the abused person, information regarding the
27 nature and extent of the abuse and information which the
28 reporter believes may be helpful to prevent further abuse.
29 (c) Immunity.--A person who makes a report shall be immune
30 from a civil or criminal liability on account of the report
19890H1023B4215 - 108 -
1 unless the person acted in bad faith or with malicious purpose.
2 § 6116. Confidentiality.
3 Unless a victim waives the privilege in a signed writing
4 prior to testimony or disclosure, a domestic violence
5 counselor/advocate shall not be competent nor permitted to
6 testify or to otherwise disclose confidential communications
7 made to or by the counselor/advocate by or to a victim. The
8 privilege shall terminate upon the death of the victim. Neither
9 the domestic violence counselor/advocate nor the victim shall
10 waive the privilege of confidential communications by reporting
11 facts of physical or sexual assault under Chapter 63 (relating
12 to child protective services), a Federal or State mandatory
13 reporting statute; or a local mandatory reporting ordinance.
14 § 6117. Procedure and other remedies.
15 Unless otherwise indicated in this chapter, a proceeding
16 under this chapter shall be in accordance with applicable
17 general rules and shall be in addition to any other available
18 civil or criminal remedies.
19 CHAPTER 63
20 CHILD PROTECTIVE SERVICES
21 Subchapter
22 A. Preliminary Provisions
23 B. Reporting Suspected Child Abuse
24 C. Powers and Duties of Department
25 D. Organization and Responsibilities of Child Protective
26 Service
27 E. Miscellaneous Provisions
28 SUBCHAPTER A
29 PRELIMINARY PROVISIONS
30 Sec.
19890H1023B4215 - 109 -
1 6301. Short title of chapter.
2 6302. Finding and purpose of chapter.
3 6303. Definitions.
4 § 6301. Short title of chapter.
5 This chapter shall be known and may be cited as the Child
6 Protective Services Law.
7 § 6302. Finding and purpose of chapter.
8 (a) Finding.--Abused children are in urgent need of an
9 effective child protective service to prevent them from
10 suffering further injury and impairment.
11 (b) Purpose.--It is the purpose of this chapter to encourage
12 more complete reporting of suspected child abuse and to
13 establish in each county a child protective service capable of
14 investigating such reports swiftly and competently, providing
15 protection for children from further abuse and providing
16 rehabilitative services for children and parents involved so as
17 to ensure the well-being of the child and to preserve and
18 stabilize family life wherever appropriate.
19 (c) Effect on rights of parents.--This chapter does not
20 restrict the generally recognized existing rights of parents to
21 use reasonable supervision and control when raising their
22 children.
23 § 6303. Definitions.
24 The following words and phrases when used in this chapter
25 shall have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Child abuse." Serious physical or mental injury which is
28 not explained by the available medical history as being
29 accidental, sexual abuse, sexual exploitation or serious
30 physical neglect of a child under 18 years of age if the injury,
19890H1023B4215 - 110 -
1 abuse or neglect has been caused by the acts or omissions of the
2 child's parents or by a person responsible for the child's
3 welfare, or any individual residing in the same home as the
4 child, or a paramour of the child's parent. No child shall be
5 deemed to be physically or mentally abused for the sole reason
6 the child is in good faith being furnished treatment by
7 spiritual means through prayer alone in accordance with the
8 tenets and practices of a recognized church or religious
9 denomination by an accredited practitioner thereof or is not
10 provided specified medical treatment in the practice of
11 religious beliefs, or solely on the grounds of environmental
12 factors which are beyond the control of the person responsible
13 for the welfare of the child such as inadequate housing,
14 furnishings, income, clothing and medical care.
15 "Child-care services." Child day-care centers, group and
16 family day-care homes, foster homes, adoptive parents, boarding
17 homes for children, juvenile detention center services or
18 programs for delinquent or dependent children; mental health,
19 mental retardation and drug and alcohol services for children;
20 and any other child-care services which are provided by or
21 subject to approval, licensure, registration or certification by
22 the department or a county social services agency or which are
23 provided pursuant to a contract with these departments or a
24 county social services agency. The term does not include such
25 services or programs which may be offered by public and private
26 schools, intermediate units or area vocational-technical
27 schools.
28 "Child protective service." That section of each county
29 children and youth social service agency required to be
30 established by section 6361 (relating to organization of child
19890H1023B4215 - 111 -
1 protective service).
2 "Cooperation with an investigation." Includes, but is not
3 limited to, a school or school district which permits authorized
4 personnel from the department or child protection services to
5 interview a student while the student is in attendance at
6 school.
7 "Department." The Department of Public Welfare of the
8 Commonwealth.
9 "Expunge." To strike out or obliterate entirely so that the
10 expunged information may not be stored, identified or later
11 recovered by any mechanical or electronic means or otherwise.
12 "Family members." Spouses, parents and children or other
13 persons related by consanguinity or affinity.
14 "Founded report." A report made pursuant to this chapter if
15 there has been any judicial adjudication based on a finding that
16 a child who is a subject of the report has been abused.
17 "Indicated report." A report made pursuant to this chapter
18 if an investigation by the child protective service determines
19 that substantial evidence of the alleged abuse exists based on
20 any of the following:
21 (1) Available medical evidence.
22 (2) The child protective service investigation.
23 (3) An admission of the acts of abuse by the parent of
24 the child or person responsible for the welfare of the child.
25 "Secretary." The Secretary of Public Welfare of the
26 Commonwealth.
27 "Sexual abuse." The obscene or pornographic photographing,
28 filming or depiction of children for commercial purposes or the
29 rape, molestation, incest, prostitution or other forms of sexual
30 exploitation of children under circumstances which indicate that
19890H1023B4215 - 112 -
1 the child's health or welfare is harmed or threatened thereby,
2 as determined in accordance with regulations of the department.
3 "Subject of the report." Any child reported to the central
4 register of child abuse and a parent, guardian or other
5 responsible person also named in the report.
6 "Under investigation." A report pursuant to this chapter
7 which is being investigated to determine whether it is
8 "founded," "indicated" or "unfounded."
9 "Unfounded report." Any report made pursuant to this chapter
10 unless the report is a "founded report" or unless an
11 investigation by the appropriate child protective service
12 determines that the report is an "indicated report."
13 SUBCHAPTER B
14 REPORTING SUSPECTED CHILD ABUSE
15 Sec.
16 6311. Persons required to report suspected child abuse.
17 6312. Persons permitted to report suspected child abuse.
18 6313. Reporting procedure.
19 6314. Photographs and X-rays of child subject to report.
20 6315. Taking child into protective custody.
21 6316. Admission to private and public hospitals.
22 6317. Reporting and postmortem investigation of deaths.
23 6318. Immunity from liability.
24 6319. Penalties for failure to report.
25 § 6311. Persons required to report suspected child abuse.
26 (a) General rule.--Persons who, in the course of their
27 employment, occupation or practice of their profession, come
28 into contact with children shall report or cause a report to be
29 made in accordance with section 6313 (relating to reporting
30 procedure) when they have reason to believe, on the basis of
19890H1023B4215 - 113 -
1 their medical, professional or other training and experience,
2 that a child coming before them in their professional or
3 official capacity is an abused child. The privileged
4 communication between any professional person required to report
5 and the patient or client of that person shall not apply to
6 situations involving child abuse and shall not constitute
7 grounds for failure to report as required by this chapter.
8 (b) Enumeration of persons required to report.--Persons
9 required to report under subsection (a) include, but are not
10 limited to, any licensed physician, osteopath, medical examiner,
11 coroner, funeral director, dentist, optometrist, chiropractor,
12 podiatrist, intern, registered nurse, licensed practical nurse,
13 hospital personnel engaged in the admission, examination, care
14 or treatment of persons, a Christian Science practitioner,
15 school administrator, school teacher, school nurse, social
16 services worker, day-care center worker or any other child-care
17 or foster-care worker, mental health professional, peace officer
18 or law enforcement official.
19 (c) Staff members of institutions, etc.--Whenever a person
20 is required to report under subsection (b) in the capacity as a
21 member of the staff of a medical or other public or private
22 institution, school, facility or agency, that person shall
23 immediately notify the person in charge of the institution,
24 school, facility or agency or the designated agent of the person
25 in charge. Upon notification, the person in charge or the
26 designated agent, if any, shall assume the responsibility and
27 have the legal obligation to report or cause a report to be made
28 in accordance with section 6313. This chapter does not require
29 more than one report from any such institution, school, facility
30 or agency.
19890H1023B4215 - 114 -
1 (d) Civil action for discrimination against person filing
2 report.--Any person who, under this section, is required to
3 report or cause a report of suspected child abuse to be made and
4 who, in good faith, makes or causes the report to be made and,
5 as a result thereof, is discharged from his employment or in any
6 other manner is discriminated against with respect to
7 compensation, hire, tenure, terms, conditions or privileges of
8 employment, may commence an action in the court of common pleas
9 of the county in which the alleged unlawful discharge or
10 discrimination occurred for appropriate relief. If the court
11 finds that the person is an individual who, under this section,
12 is required to report or cause a report of suspected child abuse
13 to be made and who, in good faith, made or caused to be made a
14 report of suspected child abuse and, as a result thereof, was
15 discharged or discriminated against with respect to
16 compensation, hire, tenure, terms, conditions or privileges of
17 employment, it may issue an order granting appropriate relief,
18 including but not limited to reinstatement with back pay. The
19 department may intervene in any action commenced under this
20 subsection.
21 § 6312. Persons permitted to report suspected child abuse.
22 In addition to those persons and officials required to report
23 suspected child abuse, any person may make such a report if that
24 person has reasonable cause to suspect that a child is an abused
25 child.
26 § 6313. Reporting procedure.
27 (a) General rule.--Reports from persons required to report
28 under section 6311 (relating to persons required to report
29 suspected child abuse) shall be made immediately by telephone
30 and in writing within 48 hours after the oral report.
19890H1023B4215 - 115 -
1 (b) Oral reports.--Oral reports shall be made to the
2 department pursuant to Subchapter C (relating to powers and
3 duties of department) and may be made to the appropriate child
4 protective service. When oral reports of suspected child abuse
5 are initially received at the child protective service, the
6 child protective service shall, after seeing to the immediate
7 safety of the child and other children in the home, immediately
8 notify the department of the receipt of the report, which is to
9 be held in the pending complaint file as provided in Subchapter
10 C. The initial child abuse report summary shall be supplemented
11 with a written report when a determination is made as to whether
12 a report of suspected child abuse is a founded report, an
13 unfounded report or an indicated report.
14 (c) Written reports.--Written reports from persons required
15 to report under section 6311 shall be made to the appropriate
16 child protective service in a manner and on forms the department
17 prescribes by regulation. The written reports shall include the
18 following information if available:
19 (1) The names and addresses of the child and the parents
20 or other person responsible for the care of the child if
21 known.
22 (2) Where the suspected abuse occurred.
23 (3) The age and sex of the child.
24 (4) The nature and extent of the suspected child abuse
25 including any evidence of prior abuse to the child or
26 siblings of the child.
27 (5) The name of the person or persons responsible for
28 causing the suspected abuse if known.
29 (6) Family composition.
30 (7) The relationship of the suspected perpetrator to the
19890H1023B4215 - 116 -
1 child.
2 (8) The source of the report.
3 (9) The person making the report and where that person
4 can be reached.
5 (10) The actions taken by the reporting source including
6 the taking of photographs and X-rays, removal or keeping of
7 the child or notifying the medical examiner or coroner.
8 (11) Any other information which the department may
9 require by regulation.
10 (d) Failure to confirm oral report.--The failure of a person
11 reporting cases of suspected child abuse to confirm an oral
12 report in writing within 48 hours shall not relieve the child
13 protective service from any duties prescribed by this chapter.
14 In such event, the child protective service shall proceed as if
15 a written report were actually made.
16 § 6314. Photographs and X-rays of child subject to report.
17 A person or official required to report cases of suspected
18 child abuse may take or cause to be taken photographs of the
19 areas of trauma visible on a child who is subject to a report
20 and, if medically indicated, cause to be performed a
21 radiological examination on the child. Medical summaries or
22 reports of the photographs or X-rays taken shall be sent to the
23 child protective service at the time the written report is sent
24 or as soon thereafter as possible. Child protective services
25 shall have access to the actual photographs and X-rays and may
26 obtain them or duplicates of them upon request.
27 § 6315. Taking child into protective custody.
28 (a) General rule.--A child may be taken into protective
29 custody:
30 (1) As provided by 42 Pa.C.S. § 6324 (relating to taking
19890H1023B4215 - 117 -
1 into custody).
2 (2) By a physician examining or treating the child or by
3 the director, or a person specifically designated in writing
4 by the director, of any hospital or other medical institution
5 where the child is being treated if protective custody is
6 immediately necessary to protect the child from further
7 serious physical injury, sexual abuse or serious physical
8 neglect.
9 (b) Duration of custody.--No child may be held in protective
10 custody for more than 24 hours unless the appropriate child
11 protective service is immediately notified that the child has
12 been taken into custody and the child protective service obtains
13 an order from a court of competent jurisdiction permitting the
14 child to be held in custody for a longer period. Each court
15 shall insure that a judge is available 24 hours a day, 365 days
16 a year to accept and decide the actions brought by a child
17 protective service under this subsection within the 24-hour
18 period.
19 (c) Notice of custody.--An individual taking a child into
20 protective custody under this chapter shall immediately, and
21 within 24 hours in writing, notify the parent, guardian or other
22 custodian of the child of the whereabouts of the child and the
23 reasons for the need to take the child into protective custody
24 and shall immediately notify the appropriate child protective
25 service in order that proceedings under 42 Pa.C.S. Ch. 63
26 (relating to juvenile matters) may be initiated, if appropriate.
27 (d) Detention hearing.--In no case shall protective custody
28 under this chapter be maintained longer than 72 hours without a
29 detention hearing. If at the detention hearing it is determined
30 that protective custody shall be continued, the child protective
19890H1023B4215 - 118 -
1 service shall within 48 hours file a petition with the court
2 under 42 Pa.C.S. Ch. 63.
3 (e) Place of detention.--No child taken into protective
4 custody under this chapter may be detained during the protective
5 custody except in an appropriate medical facility, foster home
6 or other appropriate facility approved by the department for
7 this purpose.
8 (f) Conference with parent or other custodian.--A conference
9 between the parent, guardian or other custodian of the child
10 taken into temporary protective custody pursuant to this section
11 and the case worker designated by the child protection service
12 to be responsible for the child shall be held within 48 hours of
13 the time that the child is taken into custody for the purpose
14 of:
15 (1) Explaining to the parent, guardian or other
16 custodian the reasons for the temporary detention of the
17 child and the whereabouts of the child.
18 (2) Expediting, wherever possible, the return of the
19 child to the custody of the parent, guardian or other
20 custodian where custody is no longer necessary.
21 § 6316. Admission to private and public hospitals.
22 (a) General rule.--Children appearing to suffer any physical
23 or mental trauma which may constitute child abuse shall be
24 admitted to and treated in appropriate facilities of private and
25 public hospitals on the basis of medical need and shall not be
26 refused or deprived in any way of proper medical treatment and
27 care.
28 (b) Failure of hospital to admit child.--The failure of a
29 hospital to admit and properly treat and care for a child
30 pursuant to subsection (a) shall be cause for the department to
19890H1023B4215 - 119 -
1 order immediate admittance, treatment and care by the hospital
2 which shall be enforceable, if necessary, by the prompt
3 institution of a civil action by the department. The child,
4 through an attorney, shall also have the additional and
5 independent right to seek immediate injunctive relief and
6 institute an appropriate civil action for damages against the
7 hospital.
8 § 6317. Reporting and postmortem investigation of deaths.
9 A person or official required to report cases of suspected
10 child abuse, including employees of a county children and youth
11 social service agency and its child protective service, who has
12 reasonable cause to suspect that a child died as a result of
13 child abuse shall report that fact to the coroner. The coroner
14 shall accept the report for investigation and shall report his
15 finding to the police, the district attorney, the appropriate
16 child protective service and, if the report is made by a
17 hospital, the hospital.
18 § 6318. Immunity from liability.
19 (a) General rule.--A person, hospital, institution, school,
20 facility or agency participating in good faith in the making of
21 a report, cooperating with an investigation or testifying in a
22 proceeding arising out of an instance of suspected child abuse,
23 the taking of photographs or the removal or keeping of a child
24 pursuant to section 6315 (relating to taking child into
25 protective custody) shall have immunity from any civil or
26 criminal liability that might otherwise result by reason of
27 those actions.
28 (b) Presumption of good faith.--For the purpose of any civil
29 or criminal proceeding, the good faith of a person required to
30 report pursuant to section 6311 (relating to persons required to
19890H1023B4215 - 120 -
1 report suspected child abuse) shall be presumed.
2 § 6319. Penalties for failure to report.
3 A person or official required by this chapter to report a
4 case of suspected child abuse who willfully fails to do so
5 commits a summary offense for the first violation and a
6 misdemeanor of the third degree for a second or subsequent
7 violation.
8 SUBCHAPTER C
9 POWERS AND DUTIES OF DEPARTMENT
10 Sec.
11 6331. Establishment of pending complaint file and Statewide
12 central register.
13 6332. Establishment of Statewide toll-free telephone number.
14 6333. Continuous availability of department.
15 6334. Disposition of complaints received.
16 6335. Information in pending complaint file.
17 6336. Information in Statewide central register.
18 6337. Disposition of unfounded reports.
19 6338. Disposition of founded and indicated reports.
20 6339. Confidentiality of reports.
21 6340. Release of information in confidential reports.
22 6341. Amendment, sealing or expungement of information.
23 6342. Studies of data in records.
24 6343. Investigating performance of child protective service.
25 6344. Information relating to prospective child-care
26 personnel.
27 6345. Audits by Attorney General.
28 6346. Cooperation of other agencies.
29 6347. Annual reports to Governor and General Assembly.
30 6348. Regulations.
19890H1023B4215 - 121 -
1 6349. Penalties.
2 § 6331. Establishment of pending complaint file and Statewide
3 central register.
4 There shall be established in the department:
5 (1) A pending complaint file of child abuse reports
6 under investigation.
7 (2) A Statewide central register of child abuse which
8 shall consist of founded and indicated reports of child
9 abuse.
10 § 6332. Establishment of Statewide toll-free telephone number.
11 (a) General rule.--The department shall establish a single
12 Statewide toll-free telephone number that all persons, whether
13 mandated by law or not, may use to report cases of suspected
14 child abuse. A child protective service may use the Statewide
15 toll-free telephone number for determining the existence of
16 prior founded or indicated reports of child abuse in the
17 Statewide central register or reports under investigation in the
18 pending complaint file.
19 (b) Limitation on use.--A child protective service may only
20 request and receive information pursuant to this subsection
21 either on its own behalf because it has received a report of
22 suspected child abuse or on behalf of a physician examining or
23 treating a child or on behalf of the director or a person
24 specifically designated in writing by the director of any
25 hospital or other medical institution where a child is being
26 treated, where the physician or the director or a person
27 specifically designated in writing by the director suspects the
28 child of being an abused child.
29 § 6333. Continuous availability of department.
30 The department shall be capable of receiving oral reports of
19890H1023B4215 - 122 -
1 child abuse made pursuant to this chapter and report summaries
2 of child abuse from child protective services and shall be
3 capable of immediately identifying prior reports of child abuse
4 in the Statewide central register and reports under
5 investigation in the pending complaint file and of monitoring
6 the provision of child protective services 24 hours a day, seven
7 days a week.
8 § 6334. Disposition of complaints received.
9 (a) Notice to child protective service.--Upon receipt of a
10 complaint of suspected child abuse, the department shall
11 immediately transmit orally to the appropriate child protective
12 service notice that the complaint of suspected child abuse has
13 been received and the substance of the complaint. If the
14 Statewide central register or the pending complaint file
15 contains information indicating a prior report or a current
16 investigation concerning a subject of the report, the department
17 shall immediately notify the appropriate child protective
18 service of this fact.
19 (b) Referral for services or investigation.--If the
20 complaint received does not suggest suspected child abuse but
21 does suggest a need for social services or other services or
22 investigation, the department shall transmit the information to
23 the county children and youth social service agency or other
24 public agency for appropriate action. The information shall not
25 be considered a child abuse report unless the agency to which
26 the information was referred has reason to believe after
27 investigation that abuse occurred. If the agency has reason to
28 believe that abuse occurred, the agency shall notify the
29 department, and the initial complaint shall be considered to
30 have been a child abuse report.
19890H1023B4215 - 123 -
1 (c) Recording in pending complaint file.--Upon receipt of a
2 complaint of suspected child abuse, the department shall
3 maintain a record of the complaint of suspected child abuse in
4 the pending complaint file.
5 § 6335. Information in pending complaint file.
6 (a) Information authorized.--No information other than that
7 permitted to be retained in the Statewide central register in
8 section 6336 (relating to information in Statewide central
9 register) shall be retained in the pending complaint file or
10 otherwise by the department.
11 (b) Access to information.--Except as provided in sections
12 6332 (relating to establishment of Statewide toll-free telephone
13 number), 6334 (relating to disposition of complaints received),
14 6340 (relating to release of information in confidential
15 reports) and 6342 (relating to studies of data in records), no
16 person, other than an employee of the department in the course
17 of official duties in connection with the responsibilities of
18 the department under this chapter, shall at any time have access
19 to any information in the pending complaint file or Statewide
20 central register.
21 § 6336. Information in Statewide central register.
22 (a) Information authorized.--The Statewide central register
23 shall include and shall be limited to the following information:
24 (1) The names, Social Security numbers, age and sex of
25 the subjects of the reports.
26 (2) The date or dates and the nature and extent of the
27 alleged instances of suspected child abuse.
28 (3) The home addresses of the subjects of the report.
29 (4) The county in which the suspected abuse occurred.
30 (5) Family composition.
19890H1023B4215 - 124 -
1 (6) The name and relationship to the abused child of the
2 person or persons responsible for causing the abuse.
3 (7) The source of the report.
4 (8) Services planned or provided.
5 (9) Whether the report is a founded report or an
6 indicated report.
7 (10) The progress of any legal proceedings brought on
8 the basis of the report of suspected child abuse.
9 No information other than that permitted in this subsection
10 shall be retained in the Statewide central register, the pending
11 complaint file or otherwise by the department.
12 (b) Type of information released.--Except as provided in
13 sections 6334 (relating to disposition of complaints received),
14 6335 (relating to information in pending complaint file), 6340
15 (relating to release of information in confidential reports) and
16 6342 (relating to studies of data in records), persons receiving
17 information from the Statewide central register or pending
18 complaint file may be informed only as to:
19 (1) Whether the report is a founded or indicated abuse
20 or is under investigation.
21 (2) The number of such reports.
22 (3) The nature and extent of the alleged or actual
23 instances of suspected child abuse.
24 (4) The county in which the reports are investigated.
25 (c) Limitation on release of information.--Except as
26 provided in sections 6334, 6335, 6340 and 6342, no information
27 shall be released from the Statewide central register or pending
28 complaint file unless pursuant to section 6332 (relating to
29 establishment of Statewide toll-free telephone number) and
30 unless the department has positively identified the
19890H1023B4215 - 125 -
1 representative of the child protective service requesting the
2 information and the department has inquired into and is
3 satisfied that the representative has a legitimate need, within
4 the scope of official duties and the provisions of section 6332,
5 to obtain the information. Information in the Statewide central
6 register or pending complaint file shall not be released for any
7 purpose or to any individual not specified in section 6340.
8 § 6337. Disposition of unfounded reports.
9 (a) General rule.--When a report of suspected child abuse is
10 determined by the appropriate child protective service to be an
11 unfounded report, the information concerning that report of
12 suspected child abuse shall be expunged from the pending
13 complaint file within 12 months of the date the report was
14 received by the department, and no information other than that
15 authorized by subsection (b), which shall not include any
16 identifying information on any subject of the report, shall be
17 retained by the department.
18 (b) Absence of other determination.--If an investigation of
19 a report of suspected child abuse conducted by the appropriate
20 child protective service pursuant to this chapter does not
21 determine within 60 days of the date of the initial report of
22 the instance of suspected child abuse that the report is an
23 indicated report or an unfounded report, or unless within that
24 same 60-day period court action has been initiated and is
25 responsible for the delay, the report shall be considered to be
26 an unfounded report, and all information identifying the
27 subjects of the report shall be expunged within 12 months. The
28 agency shall advise the department that court action has been
29 initiated so that the pending complaint file is kept current
30 regarding the status of all legal proceedings and expungement
19890H1023B4215 - 126 -
1 delayed. Nothing in this subsection shall in any way limit the
2 powers and duties of the department as provided in section 6343
3 (relating to investigating performance of child protective
4 service).
5 (c) Expungement of information.--All information identifying
6 the subjects of any report of suspected child abuse determined
7 to be an unfounded report shall be expunged from the pending
8 complaint file within 12 months of the date the report was
9 received by the department. The expungement shall be mandated
10 and guaranteed by the department.
11 § 6338. Disposition of founded and indicated reports.
12 (a) General rule.--When a report of suspected child abuse is
13 determined by the appropriate child protective service to be a
14 founded report or an indicated report, the information
15 concerning that report of suspected child abuse shall be
16 expunged immediately from the pending complaint file, and an
17 appropriate entry shall be made in the Statewide central
18 register. Notice of the determination must be given to the
19 subjects of the report, other than the abused child, along with
20 an explanation of the implications of the determination. Notice
21 given to subjects of the report shall include notice that their
22 ability to obtain employment in a child-care facility or program
23 may be adversely affected by entry of the report in the
24 Statewide central register. The notice shall also inform the
25 subject of the report of his right, at any time, to request the
26 secretary to amend, seal or expunge information contained in the
27 Statewide central register and his right to a hearing if the
28 request is denied.
29 (b) Expungement of information when child attains 18 years
30 of age.--All information identifying the subjects of all
19890H1023B4215 - 127 -
1 indicated reports and all information identifying the subject
2 child of all founded reports shall be expunged when the subject
3 child reaches the age of 18 years, unless another report is
4 received involving the same child, his sibling or offspring, or
5 another child in the care of the persons responsible for the
6 subject child's welfare. The identifying information may then be
7 maintained in the register for five years after the subsequent
8 case or report is closed. The expungement shall be mandated and
9 guaranteed by the department.
10 § 6339. Confidentiality of reports.
11 Except as otherwise provided in this subchapter, reports made
12 pursuant to this chapter including, but not limited to, report
13 summaries of child abuse and written reports made pursuant to
14 section 6313(b) and (c) (relating to reporting procedure) as
15 well as any other information obtained, reports written or
16 photographs or X-rays taken concerning alleged instances of
17 child abuse in the possession of the department, a county
18 children and youth social service agency or a child protective
19 service shall be confidential.
20 § 6340. Release of information in confidential reports.
21 (a) General rule.--Reports specified in section 6339
22 (relating to confidentiality of reports) shall only be made
23 available to:
24 (1) An authorized official of a child protective service
25 in the course of official duties, multidisciplinary team
26 members assigned to the case and duly authorized persons
27 providing services pursuant to section 6370(a) (relating to
28 services for protection of child at home or in custody).
29 (2) A physician examining or treating a child or the
30 director or a person specifically designated in writing by
19890H1023B4215 - 128 -
1 the director of any hospital or other medical institution
2 where a child is being treated when the physician or the
3 director or the designee of the director suspect the child of
4 being an abused child.
5 (3) A guardian ad litem for the child.
6 (4) An authorized official or agent of the department in
7 accordance with department regulations or in accordance with
8 the conduct of a performance audit as authorized by section
9 6343 (relating to investigating performance of child
10 protective service).
11 (5) A court of competent jurisdiction pursuant to a
12 court order.
13 (6) A standing committee of the General Assembly, as
14 specified in section 6384 (relating to legislative
15 oversight).
16 (7) The Attorney General.
17 (8) Federal auditors if required for Federal financial
18 participation in funding of agencies except that Federal
19 auditors may not have access to identifiable reports.
20 (9) Law enforcement officials in the course of
21 investigating cases of:
22 (i) Homicide, sexual abuse, sexual exploitation or
23 serious bodily injury perpetrated by persons whether or
24 not related to the victim.
25 (ii) Child abuse perpetrated by persons who are not
26 family members.
27 (iii) Repeated physical injury to a child under
28 circumstances which indicate that the child's health or
29 welfare is harmed or threatened.
30 (10) Law enforcement officials who shall receive reports
19890H1023B4215 - 129 -
1 of abuse in which the initial review gives evidence that the
2 abuse is homicide, sexual abuse, sexual exploitation or
3 serious bodily injury perpetrated by persons whether or not
4 related to the victim, or child abuse perpetrated by persons
5 who are not family members. Reports referred to law
6 enforcement officials shall be on forms provided by and
7 according to regulations promulgated by the department.
8 (11) County commissioners, to whom the department shall
9 forward specific files upon request, for review when
10 investigating the competence of county children and youth
11 employees.
12 (12) A mandated reporter of child abuse as defined in
13 section 6311 (relating to persons required to report
14 suspected child abuse) who made a report of abuse involving
15 the subject child, but the information permitted to be
16 released to the mandated reporter shall be limited to the
17 following:
18 (i) The final status of the report following the
19 investigation, whether it be indicated, founded or
20 unfounded.
21 (ii) Any services provided, arranged for or to be
22 provided by the child protective service to protect the
23 child from further abuse.
24 (b) Release of information to subject child.--At any time
25 and upon written request, a subject of a report may receive a
26 copy of all information, except that prohibited from being
27 disclosed by subsection (c), contained in the Statewide central
28 register or in any report filed pursuant to section 6313
29 (relating to reporting procedure).
30 (c) Protecting identity of person making report.--The
19890H1023B4215 - 130 -
1 release of data that would identify the person who made a report
2 of suspected child abuse or the person who cooperated in a
3 subsequent investigation is prohibited unless the secretary
4 finds that the release will not be detrimental to the safety of
5 that person.
6 (d) Definition.--As used in this section, "serious bodily
7 injury" means bodily injury which creates a substantial risk of
8 death or which causes serious permanent disfigurement or
9 protracted loss or impairment of the function of any bodily
10 member or organ.
11 § 6341. Amendment, sealing or expungement of information.
12 (a) General rule.--At any time:
13 (1) The secretary may amend, seal or expunge any record
14 upon good cause shown and notice to the appropriate subjects
15 of the report.
16 (2) A subject of a report may request the secretary to
17 amend, seal or expunge information contained in the Statewide
18 central register on the grounds that it is inaccurate or it
19 is being maintained in a manner inconsistent with this
20 chapter.
21 (b) Review of grant of request.--If the secretary grants the
22 request under subsection (a)(2), the Statewide central register,
23 appropriate child protective service agency and all subjects
24 shall be so advised within seven days from the date of the
25 decision. The child protective service agency and any subject
26 have 45 days in which to file an appeal with the secretary. If
27 an appeal is received, the secretary or his designated agent
28 shall schedule a hearing pursuant to Article IV of the act of
29 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code,
30 and attending departmental regulations. If no appeal is received
19890H1023B4215 - 131 -
1 within the designated time period, the Statewide central
2 register shall comply with the decision of the secretary and
3 advise the child protective service agency to amend, seal or
4 expunge the information in their records so that the records are
5 consistent at both the State and local levels.
6 (c) Review of refusal of request.--If the secretary refuses
7 the request under subsection (a)(2) or does not act within a
8 reasonable time, but in no event later than 30 days after
9 receipt of the request, the subject shall have the right to a
10 hearing before the secretary or a designated agent of the
11 secretary to determine whether the summary in the Statewide
12 central register or the contents of any report filed pursuant to
13 section 6313 should be amended, sealed or expunged on the
14 grounds that it is inaccurate or that it is being maintained in
15 a manner inconsistent with this chapter. The appropriate child
16 protective service shall be given notice of the hearing. The
17 burden of proof in the hearing shall be on the appropriate child
18 protective service. The department shall assist the child
19 protective service as necessary. In the hearings, the fact that
20 there was a court finding of child abuse shall be presumptive
21 evidence that the report was substantiated.
22 (d) Order.--The secretary or designated agent may make any
23 appropriate order respecting the amendment or expungement of
24 such records to make them accurate or consistent with the
25 requirements of this chapter.
26 (e) Notice of expungement.--Written notice of an expungement
27 of any record, made pursuant to the provisions of this chapter,
28 shall be served upon the subject of the record who was
29 responsible for the abuse and the appropriate child protective
30 service. The latter, upon receipt of the notice, shall take
19890H1023B4215 - 132 -
1 appropriate, similar action in regard to the local child abuse
2 records and inform, for the same purpose, the appropriate
3 coroner if that officer has received reports pursuant to section
4 6367 (relating to reports to department and coroner). Whenever
5 the investigation reveals that the report is unfounded but that
6 the subjects need services and voluntarily accept services, the
7 county children and youth social service agency may retain those
8 portions of its records which do not specifically identify the
9 source of the investigation or report as suspected child abuse.
10 (f) Access to sealed record.--Once sealed, a record shall
11 not be otherwise available except as provided in section 6342
12 (relating to studies of data in records) or except if the
13 secretary, upon notice to the subjects of the report, gives
14 personal approval for an appropriate reason.
15 § 6342. Studies of data in records.
16 The department may conduct or authorize the conducting of
17 studies of the data contained in the pending complaint file and
18 the Statewide central register and county agencies and
19 distribute the results of the studies. No study may contain the
20 name or other information by which a subject of a report could
21 be identified. The department may allow Federal auditors access
22 to nonidentifiable duplicates of reports in the pending
23 complaint file and the Statewide central register if required
24 for Federal financial participation in funding of agencies.
25 § 6343. Investigating performance of child protective service.
26 (a) General rule.--If within 30 days from the date of an
27 initial report of suspected child abuse the appropriate child
28 protective service has not properly investigated the report and
29 informed the department that the report is an indicated report
30 or an unfounded report, or unless within that same 30-day period
19890H1023B4215 - 133 -
1 the report is determined to be a founded report, the department
2 shall immediately begin an inquiry into the performance of the
3 child protective service which inquiry may include a performance
4 audit of the child protective service as provided in subsection
5 (b). On the basis of that inquiry, the department shall take
6 appropriate action to require that the provisions of this
7 chapter be strictly followed, which action may include, without
8 limitation, the institution of appropriate legal action and the
9 withholding of reimbursement for all or part of the activities
10 of the county children and youth social service agency.
11 (b) Performance audit.--Notwithstanding any other provision
12 of this chapter, the secretary or a designee of the secretary
13 may direct, at their discretion, a performance audit of any
14 activity engaged in pursuant to this chapter.
15 § 6344. Information relating to prospective child-care
16 personnel.
17 (a) Applicability.--This section applies to all prospective
18 employees of child-care services, prospective foster parents,
19 prospective adoptive parents, prospective self-employed family
20 day-care providers and other persons seeking to provide child-
21 care services under contract with a child-care facility or
22 program. This section does not apply to administrative or other
23 support personnel unless their duties will involve direct
24 contact with children.
25 (b) Information submitted by prospective employees.--
26 Administrators of child-care services shall require applicants
27 to submit with their applications the following information
28 obtained within the preceding one-year period:
29 (1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
30 history record information), a report of criminal history
19890H1023B4215 - 134 -
1 record information from the Pennsylvania State Police or a
2 statement from the Pennsylvania State Police that the State
3 Police central repository contains no such information
4 relating to that person. The criminal history record
5 information shall be limited to that which is disseminated
6 pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general
7 regulations).
8 (2) A certification from the department as to whether
9 the applicant is named in the central register as the
10 perpetrator of a founded or indicated report of child abuse.
11 An indicated report shall not be included until the
12 department adopts regulations specifying the manner in which
13 the investigation required by sections 6366 (relating to
14 continuous availability to receive reports) through 6372
15 (relating to protecting well-being of children detained
16 outside home) is to be conducted.
17 (3) Where the applicant is not a resident of this
18 Commonwealth, administrators shall require the applicant to
19 submit with the application for employment a report of
20 Federal criminal history record information pursuant to the
21 Federal Bureau of Investigation appropriation of the
22 Department of Justice Appropriation Act of 1973 (Public Law
23 92-544, 86 Stat. 1116), and the department shall be the
24 intermediary for the purposes of this section.
25 For the purposes of this subsection, an applicant may submit a
26 copy of the required information with an application for
27 employment. Administrators shall maintain a copy of the required
28 information and shall require applicants to produce the original
29 document prior to employment.
30 (c) Grounds for denying employment.--In no case shall an
19890H1023B4215 - 135 -
1 administrator hire an applicant where the department has
2 verified that the applicant is named in the central register as
3 the perpetrator of a founded report of child abuse committed
4 within the five-year period immediately preceding verification
5 pursuant to this section. In no case shall an administrator hire
6 an applicant if the applicant's criminal history record
7 information indicates the applicant has been convicted, within
8 five years immediately preceding the date of the report, of one
9 or more of the following offenses under Title 18 (relating to
10 crimes and offenses):
11 Chapter 25 (relating to criminal homicide).
12 Section 2702 (relating to aggravated assault).
13 Section 2901 (relating to kidnapping).
14 Section 2902 (relating to unlawful restraint).
15 Section 3121 (relating to rape).
16 Section 3122 (relating to statutory rape).
17 Section 3123 (relating to involuntary deviate sexual
18 intercourse).
19 Section 3126 (relating to indecent assault).
20 Section 3127 (relating to indecent exposure).
21 Section 4303 (relating to concealing death of child born
22 out of wedlock).
23 Section 4304 (relating to endangering welfare of
24 children).
25 Section 4305 (relating to dealing in infant children).
26 A felony offense under section 5902(b) (relating to
27 prostitution and related offenses).
28 Section 5903(c) or (d) (relating to obscene and other
29 sexual materials).
30 Section 6301 (relating to corruption of minors).
19890H1023B4215 - 136 -
1 Section 6312 (relating to sexual abuse of children).
2 (d) Prospective adoptive or foster parents.--With regard to
3 prospective adoptive or prospective foster parents, the
4 following shall apply:
5 (1) In the course of causing an investigation to be made
6 pursuant to section 2535(a) (relating to investigation), an
7 agency or person designated by the court to conduct the
8 investigation shall require prospective adoptive parents to
9 submit the information set forth in subsection (b)(1) and (2)
10 for review in accordance with this section.
11 (2) In the course of approving a prospective foster
12 parent, a foster family care agency shall require prospective
13 foster parents to submit the information set forth in
14 subsection (b)(1) and (2) for review by the foster family
15 care agency in accordance with this section.
16 (e) Self-employed family day-care providers.--Self-employed
17 family day-care providers who apply for a certificate of
18 registration with the department shall submit with their
19 registration application a report of criminal history record
20 information and shall also obtain certification from the
21 department as to whether the applicant is named in the central
22 register as the perpetrator of a founded report of child abuse.
23 (f) Submissions by operators of child-care services.--The
24 department shall require persons seeking to operate child-care
25 services to submit the information set forth in subsection
26 (b)(1) and (2) for review in accordance with this section.
27 (g) Regulations.--The department shall promulgate the
28 regulations necessary to carry out this section. These
29 regulations shall:
30 (1) Set forth criteria for unsuitability for employment
19890H1023B4215 - 137 -
1 in a child-care service in relation to criminal history
2 record information which may include criminal history record
3 information in addition to that set forth above. The criteria
4 shall be reasonably related to the prevention of child abuse.
5 (2) Set forth sanctions for administrators who willfully
6 hire applicants in violation of this section or in violation
7 of the regulations promulgated under this section.
8 (3) Provide for the confidentiality of information
9 obtained pursuant to subsection (b).
10 (h) Fees.--The department may charge a fee not to exceed $10
11 in order to conduct the certification as required in subsection
12 (b)(2).
13 (i) Time limit for certification.--The department shall
14 comply with certification requests no later than 14 days from
15 the receipt of the request.
16 (j) Voluntary certification of child caretakers.--The
17 department shall develop a procedure for the voluntary
18 certification of child caretakers to allow persons to apply to
19 the department for a certificate indicating the person has met
20 the requirements of subsection (b). The department shall also
21 provide for the biennial recertification of child caretakers.
22 (k) Existing or transferred employees.--A person employed in
23 child-care services on January 1, 1986, shall not be required to
24 obtain the information required in subsection (b)(1) and (2) as
25 a condition of continued employment. A person who has once
26 obtained the information required under subsection (b)(1) and
27 (2) may transfer to another child-care service established and
28 supervised by the same organization and shall not be required to
29 obtain additional reports before making the transfer.
30 (l) Temporary employees under special programs.--The
19890H1023B4215 - 138 -
1 requirements of this section do not apply to employees of child-
2 care services who meet all the following requirements:
3 (1) They are under 21 years of age.
4 (2) They are employed for periods of 90 days or less.
5 (3) They are a part of a job development or job training
6 program funded, in whole or in part, by public or private
7 sources.
8 Once employment of a person who meets these conditions extends
9 beyond 90 days, all requirements of this section shall take
10 effect.
11 (m) Provisional employees for limited periods.--
12 Notwithstanding subsection (b), administrators may employ
13 applicants on a provisional basis for a single period not to
14 exceed 30 days or, for out-of-State applicants, a period of 90
15 days, if all of the following conditions are met:
16 (1) The applicant has applied for the information
17 required under subsection (b) and the applicant provides a
18 copy of the appropriate completed request forms to the
19 administrator.
20 (2) The administrator has no knowledge of information
21 pertaining to the applicant which would disqualify him from
22 employment pursuant to subsection (c).
23 (3) The applicant swears or affirms in writing that he
24 is not disqualified from employment pursuant to subsection
25 (c).
26 (4) If the information obtained pursuant to subsection
27 (b) reveals that the applicant is disqualified from
28 employment pursuant to subsection (c), the applicant shall be
29 immediately dismissed by the administrator.
30 (5) The administrator requires that the applicant not be
19890H1023B4215 - 139 -
1 permitted to work alone with children and that the applicant
2 work in the immediate vicinity of a permanent employee.
3 § 6345. Audits by Attorney General.
4 The Attorney General shall conduct a mandated audit done
5 randomly but at least once during each year on an unannounced
6 basis to ensure that the expungement requirements of this
7 chapter are being fully and properly conducted.
8 § 6346. Cooperation of other agencies.
9 The secretary may request and shall receive from Commonwealth
10 agencies, political subdivisions, an authorized agency or any
11 other agency providing services under the local child protective
12 services plan any assistance and data that will enable the
13 department and the child protective services to fulfill their
14 responsibilities properly, including law enforcement personnel
15 when assistance is needed in conducting an investigation of
16 alleged child abuse. School districts shall cooperate with the
17 department and the agency by providing them upon request with
18 such information as is consistent with law.
19 § 6347. Annual reports to Governor and General Assembly.
20 No later than April 15 of every year, the secretary shall
21 prepare and transmit to the Governor and the General Assembly a
22 report on the operations of the central register of child abuse
23 and the various child protective services. The report shall
24 include a full statistical analysis of the reports of suspected
25 child abuse made to the department together with a report on the
26 implementation of this chapter and its total cost to the
27 Commonwealth, the evaluation of the secretary of services
28 offered under this chapter and recommendations for repeal or for
29 additional legislation to fulfill the purposes of this chapter.
30 All such recommendations should contain an estimate of increased
19890H1023B4215 - 140 -
1 or decreased costs resulting therefrom. The report shall also
2 include an explanation of services provided to children who were
3 the subjects of founded or indicated reports of child abuse
4 while receiving child-care services. The department shall also
5 describe its actions in respect to the perpetrators of the
6 abuse.
7 § 6348. Regulations.
8 The department shall adopt regulations necessary to implement
9 this chapter.
10 § 6349. Penalties.
11 (a) Failure to amend or expunge information.--
12 (1) A person or official authorized to keep the records
13 mentioned in section 6337 (relating to disposition of
14 unfounded reports) or 6338 (relating to disposition of
15 founded and indicated reports) who willfully fails to expunge
16 the information when required commits a summary offense for
17 the first violation and a misdemeanor of the third degree for
18 a second or subsequent violation.
19 (2) A person who willfully fails to obey a final order
20 of the secretary or designated agent of the secretary to
21 amend or expunge the summary of the report in the Statewide
22 central register or the contents of any report filed pursuant
23 to section 6313 (relating to reporting procedure) commits a
24 summary offense.
25 (b) Unauthorized release of information.--A person who
26 willfully releases or permits the release of any data and
27 information contained in the pending complaint file, the
28 Statewide central register or the child welfare records required
29 by this chapter, including records maintained by any county
30 children and youth social service agency and any child
19890H1023B4215 - 141 -
1 protective service, to persons or agencies not permitted by this
2 chapter commits a misdemeanor of the third degree.
3 (c) Noncompliance with child-care personnel regulations.--An
4 administrator, or other person responsible for employment
5 decisions in a child-care facility or program, who willfully
6 fails to comply with the provisions of section 6344 (relating to
7 information relating to prospective child-care personnel)
8 commits a violation of this chapter and shall be subject to a
9 civil penalty as provided in this subsection. The department
10 shall have jurisdiction to determine violations of section 6344
11 and may, following a hearing, assess a civil penalty not to
12 exceed $2,500. The civil penalty shall be payable to the
13 Commonwealth.
14 SUBCHAPTER D
15 ORGANIZATION AND RESPONSIBILITIES OF
16 CHILD PROTECTIVE SERVICE
17 Sec.
18 6361. Organization of child protective service.
19 6362. Responsibilities of child protective service.
20 6363. Local plan for child protective services.
21 6364. Purchasing services of other agencies.
22 6365. Services for prevention and treatment of child abuse.
23 6366. Continuous availability to receive reports.
24 6367. Reports to department and coroner.
25 6368. Investigation of reports.
26 6369. Taking child into protective custody.
27 6370. Services for protection of child at home or in custody.
28 6371. Rehabilitative services for child and family.
29 6372. Protecting well-being of children maintained outside
30 home.
19890H1023B4215 - 142 -
1 § 6361. Organization of child protective service.
2 (a) Establishment.--Unless the department finds it is
3 unfeasible, every county children and youth social service
4 agency shall establish a "Child Protective Service" within the
5 agency. The department may waive the requirement that a county
6 establish a separate child protective service upon a showing by
7 the county that:
8 (1) A separate child protective service:
9 (i) would not be conducive to the best interests of
10 all children within the county who need public child
11 welfare services; and
12 (ii) would not be feasible or economical.
13 (2) The goals and objectives of this chapter will
14 continue to be met if a waiver is granted.
15 If the department grants a waiver under this subsection, the
16 county shall be bound by all other provisions of this chapter,
17 including requirements concerning the maintenance and disclosure
18 of confidential information and records.
19 (b) Staff and organization.--The child protective service
20 shall have a sufficient staff of sufficient qualifications to
21 fulfill the purposes of this chapter and be organized in such a
22 way as to maximize the continuity of responsibility, care and
23 services of individual workers toward individual children and
24 families.
25 (c) Functions authorized.--The child protective service
26 shall perform those functions assigned by this chapter to it and
27 only such others that would further the purposes of this
28 chapter.
29 § 6362. Responsibilities of child protective service.
30 (a) General rule.--The child protective service shall be the
19890H1023B4215 - 143 -
1 sole civil agency responsible for receiving and investigating
2 all reports of child abuse made pursuant to this chapter
3 specifically including, but not limited to, reports of child
4 abuse in facilities operated by the department and other public
5 agencies, for the purpose of providing protective services to
6 prevent further abuses to children and to provide or arrange for
7 and monitor the provision of those services necessary to
8 safeguard and ensure the well-being and development of the child
9 and to preserve and stabilize family life wherever appropriate.
10 (b) Assumption of responsibility by department.--When the
11 suspected abuse has been committed by the county children and
12 youth social service agency or any of its agents or employees,
13 the department shall assume the role of the agency with regard
14 to the investigation and directly refer the child for services.
15 (c) Action by agencies for abuse by agents or employees.--
16 Where suspected child abuse has occurred and an employee or
17 agent of the department or the county children and youth social
18 service agency or a private or public institution is a subject
19 of the report, the department, agency or institution shall be
20 informed of the investigation so that it may take appropriate
21 action.
22 § 6363. Local plan for child protective services.
23 (a) General rule.--No later than once each year as required
24 by the department each county agency child protective service
25 shall prepare and submit a local plan for the provision of child
26 protective services. The local plan may be a component of a
27 county human service plan or a children and youth plan which may
28 be required by the act of June 13, 1967 (P.L.31, No.21), known
29 as the Public Welfare Code.
30 (b) Certification by department.--The department shall
19890H1023B4215 - 144 -
1 certify whether or not the local plan fulfills the purposes of
2 and meets the requirements set forth in this chapter. If the
3 department certifies that the local plan does not do so, the
4 department shall state the reasons therefor and may withhold
5 reimbursement for all or part of the activities of the agency.
6 If the department finds that a proposed local plan does not meet
7 the requirements set forth in this chapter, the child protective
8 service shall revise the local plan in accordance with the
9 reasons of the department for disapproval.
10 § 6364. Purchasing services of other agencies.
11 Any other provision of law notwithstanding but consistent
12 with sections 6361 (relating to organization of child protective
13 service) and 6362 (relating to responsibilities of child
14 protective service), the county children and youth social
15 service agency, based upon the local plan of services as
16 provided in section 6363 (relating to local plan for child
17 protective services), may purchase and utilize the services of
18 any appropriate public or private agency.
19 § 6365. Services for prevention and treatment of child abuse.
20 Each child protective service shall make available among its
21 services for the prevention and treatment of child abuse
22 multidisciplinary teams, instruction and education for
23 parenthood, protective and preventive social counseling,
24 emergency caretaker services, emergency shelter care, emergency
25 medical services and the establishment of groups organized by
26 former abusing parents to encourage self-reporting and self-
27 treatment of present abusers.
28 § 6366. Continuous availability to receive reports.
29 Each child protective service shall receive 24 hours a day,
30 seven days a week, all reports, both oral and written, of
19890H1023B4215 - 145 -
1 suspected child abuse in accordance with this chapter, the local
2 plan for the provision of child protective services and the
3 regulations of the department.
4 § 6367. Reports to department and coroner.
5 (a) Reports to department.--Upon the receipt of each report
6 of suspected child abuse made pursuant to this chapter, the
7 child protective service shall immediately transmit a child
8 abuse report summary as provided in section 6313 (relating to
9 reporting procedure) to the department. Supplemental reports
10 shall be made at regular intervals thereafter in a manner and
11 form the department prescribes by regulation to the end that the
12 department is kept fully informed and up-to-date concerning the
13 status of reports of child abuse.
14 (b) Reports to coroner.--The child protective service shall
15 give telephone notice and forward immediately a copy of reports
16 made pursuant to this chapter which involve the death of a child
17 to the appropriate coroner pursuant to section 6317 (relating to
18 reporting and postmortem investigation of deaths).
19 § 6368. Investigation of reports.
20 (a) General rule.--Upon receipt of each report of suspected
21 child abuse, the child protective service shall commence within
22 24 hours an appropriate investigation which shall include a
23 determination of the risk to the child or children if they
24 continue to remain in the existing home environment as well as a
25 determination of the nature, extent and cause of any condition
26 enumerated in the report and, after seeing to the safety of the
27 child or children, immediately notify the subjects of the report
28 in writing of the existence of the report and their rights
29 pursuant to this chapter in regard to amendment or expungement.
30 (b) Conditions outside home environment.--The investigation
19890H1023B4215 - 146 -
1 shall determine whether the child is being harmed by factors
2 beyond the control of the parent or other person responsible for
3 the welfare of the child, and, if so determined, the child
4 protective service shall promptly take all available steps to
5 remedy and correct these conditions including but not limited to
6 the coordination of social services for the child and the
7 family.
8 (c) Limitation of actions.--The investigation shall be
9 completed within 30 days. The child protective service shall
10 determine, within 30 days, whether the report is "founded,"
11 "indicated" or "unfounded."
12 § 6369. Taking child into protective custody.
13 Pursuant to the provisions of section 6315 (relating to
14 taking child into protective custody) and after court order, the
15 child protective service shall take a child into protective
16 custody for protection from further abuse. No child protective
17 service worker may enter the home of any individual for this
18 purpose without judicial authorization.
19 § 6370. Services for protection of child at home or in custody.
20 (a) General rule.--Based on the investigation and evaluation
21 conducted pursuant to this chapter, the child protective service
22 shall provide or contract with private or public agencies for
23 the protection of the child at home whenever possible and those
24 services necessary for adequate care of the child when placed in
25 protective custody. Prior to offering these services to a
26 family, the agency shall explain that it has no legal authority
27 to compel the family to receive the services but may inform the
28 family of the obligations and authority of the child protective
29 service to initiate appropriate court proceedings.
30 (b) Initiation of court proceedings.--In those cases in
19890H1023B4215 - 147 -
1 which an appropriate offer of service is refused and the child
2 protective service determines, or if the service for any other
3 appropriate reason determines, that the best interests of the
4 child require court action, the child protective service shall
5 initiate the appropriate court proceeding. The child protective
6 service shall assist the court during all stages of the court
7 proceeding in accordance with the purposes of this chapter.
8 § 6371. Rehabilitative services for child and family.
9 The child protective service shall provide or arrange for and
10 monitor rehabilitative services for children and their families
11 on a voluntary basis or under a final or intermediate order of
12 the court.
13 § 6372. Protecting well-being of children maintained outside
14 home.
15 The child protective service shall be as equally vigilant of
16 the status, well-being and conditions under which a child is
17 living and being maintained in a facility other than that of a
18 parent, custodian or guardian from which the child has been
19 removed as the service is of the conditions in the dwelling of
20 the parent, custodian or guardian. Where the child protective
21 service finds that the placement for any temporary or permanent
22 custody, care or treatment is for any reason inappropriate or
23 harmful in any way to the physical or mental well-being of the
24 child, it shall take immediate steps to remedy these conditions
25 including petitioning the court.
26 SUBCHAPTER E
27 MISCELLANEOUS PROVISIONS
28 Sec.
29 6381. Evidence in court proceedings.
30 6382. Guardian ad litem for child in court proceedings.
19890H1023B4215 - 148 -
1 6383. Education and training.
2 6384. Legislative oversight.
3 § 6381. Evidence in court proceedings.
4 (a) General rule.--In addition to the rules of evidence
5 provided under 42 Pa.C.S. Ch. 63 (relating to juvenile matters),
6 the rules of evidence in this section shall govern in child
7 abuse proceedings in court.
8 (b) Reports of unavailable persons.--Whenever a person
9 required to report under this chapter is unavailable due to
10 death or removal from the jurisdiction of the court, the written
11 report of that person shall be admissible in evidence in any
12 proceedings arising out of child abuse other than proceedings
13 under Title 18 (relating to crimes and offenses). Any hearsay
14 contained in the reports shall be given such weight, if any, as
15 the court determines to be appropriate under all of the
16 circumstances. However, any hearsay contained in a written
17 report shall not of itself be sufficient to support an
18 adjudication based on abuse.
19 (c) Privileged communications.--Except for privileged
20 communications between a lawyer and a client and between a
21 minister and a penitent, a privilege of confidential
22 communication between husband and wife or between any
23 professional person, including, but not limited to, physicians,
24 psychologists, counselors, employees of hospitals, clinics, day-
25 care centers and schools and their patients or clients, shall
26 not constitute grounds for excluding evidence at any proceeding
27 regarding child abuse or the cause of child abuse.
28 (d) Prima facie evidence of abuse.--Evidence that a child
29 has suffered serious physical injury, sexual abuse or serious
30 physical neglect of such a nature as would ordinarily not be
19890H1023B4215 - 149 -
1 sustained or exist except by reason of the acts or omissions of
2 the parent or other person responsible for the welfare of the
3 child shall be prima facie evidence of child abuse by the parent
4 or other person responsible for the welfare of the child.
5 § 6382. Guardian ad litem for child in court proceedings.
6 (a) Appointment.--When a proceeding has been initiated
7 alleging child abuse, the court shall appoint a guardian ad
8 litem for the child. The guardian ad litem shall be an attorney
9 at law.
10 (b) Powers and duties.--The guardian ad litem shall be given
11 access to all reports relevant to the case and to any reports of
12 examination of the parents or other custodian of the child
13 pursuant to this chapter. The guardian ad litem shall be charged
14 with the representation of the best interests of the child at
15 every stage of the proceeding and shall make such further
16 investigation necessary to ascertain the facts, interview
17 witnesses, examine and cross-examine witnesses, make
18 recommendations to the court and participate further in the
19 proceedings to the degree appropriate for adequately
20 representing the child.
21 (c) Duty of court.--The court shall, upon consideration of
22 the petition of any attorney for the child, order a local child
23 protective service or other agency to establish and implement,
24 fully and promptly, appropriate services, treatment and plans
25 for a child found in need of them. The court shall also, upon
26 consideration of the petition of an attorney for the child,
27 terminate or alter the conditions of any temporary or permanent
28 placement of a child.
29 § 6383. Education and training.
30 The department and each child protective service, both
19890H1023B4215 - 150 -
1 jointly and individually, shall conduct a continuing publicity
2 and education program for the citizens of this Commonwealth
3 aimed at the prevention of child abuse, the identification of
4 abused children and the provision of necessary ameliorative
5 services to abused children and their families. In addition, the
6 department and each child protective service shall conduct an
7 ongoing training and education program for local staff, persons
8 required to make reports and other appropriate persons in order
9 to familiarize those persons with the reporting and
10 investigative procedures for cases of suspected child abuse and
11 the rehabilitative services that are available to children and
12 families.
13 § 6384. Legislative oversight.
14 A committee of the Senate designated by the President pro
15 tempore of the Senate and a committee of the House of
16 Representatives designated by the Speaker of the House of
17 Representatives, either jointly or separately, shall review the
18 manner in which this chapter has been administered at the State
19 and local level for the following purposes:
20 (1) Providing information that will aid the General
21 Assembly in its oversight responsibilities.
22 (2) Enabling the General Assembly to determine whether
23 the programs and services mandated by this chapter are
24 effectively meeting the goals of this chapter.
25 (3) Assisting the General Assembly in measuring the
26 costs and benefits of this program and the effects and side-
27 effects of mandated program services.
28 (4) Permitting the General Assembly to determine whether
29 the confidentiality of records mandated by this chapter is
30 being maintained at the State and local level.
19890H1023B4215 - 151 -
1 (5) Providing information that will permit State and
2 local program administrators to be held accountable for the
3 administration of the programs mandated by this chapter.
4 Section 3. Amendments to Title 18.--Section 2711(d) of Title
5 18 is amended to read:
6 § 2711. Probable cause arrests in domestic violence cases.
7 * * *
8 (d) Notice of rights.--
9 Upon responding to a domestic violence case, the police
10 officer shall, orally or in writing, notify the victim of the
11 availability of a shelter, including its telephone number, or
12 other services in the community. Said notice shall include
13 the following statement: "If you are the victim of domestic
14 violence, you have the right to go to court and file a
15 petition requesting an order for protection from domestic
16 abuse pursuant to [the act of October 7, 1976 (P.L.1090,
17 No.218), known as the Protection From Abuse Act,] 23 Pa.C.S.
18 Ch. 61 (relating to protection from abuse) which could
19 include the following:
20 (1) An order restraining the abuser from further
21 acts of abuse.
22 (2) An order directing the abuser to leave your
23 household.
24 (3) An order preventing the abuser from entering
25 your residence, school, business or place of employment.
26 (4) An order awarding you or the other parent
27 temporary custody of or temporary visitation with your
28 child or children.
29 (5) An order directing the abuser to pay support to
30 you and the minor children if the abuser has a legal
19890H1023B4215 - 152 -
1 obligation to do so."
2 Section 4. Amendments to Title 42.--Sections 1725.1(c),
3 4136, 5924, 5945, 7541(c) and 8127 of Title 42 are amended and
4 the title is amended by adding a section SECTIONS to read: <--
5 § 1126. MASTERS. <--
6 THE PRESIDENT JUDGE OF THE PHILADELPHIA MUNICIPAL COURT MAY
7 APPOINT ATTORNEYS WHO ARE MEMBERS OF THE PENNSYLVANIA BAR TO
8 SERVE AS MASTERS IN PROCEEDINGS UNDER 23 PA.C.S. CH. 61
9 (RELATING TO PROTECTION FROM ABUSE).
10 § 1725.1. Costs.
11 * * *
12 (c) Unclassified costs or charges.--The costs to be charged
13 by the minor judiciary in the following instances not readily
14 classifiable shall be as follows:
15 (1) Entering transcript of judgment from another member
16 of the minor judiciary................................ $ 3.00
17 (2) Marrying each couple, making record thereof, and
18 certificate to the parties............................ $10.00
19 (3) Granting emergency relief pursuant to [the act of
20 October 7, 1976 (P.L.1090, No.218), known as the "Protection
21 From Abuse Act"] 23 Pa.C.S. Ch. 61 (relating to protection
22 from abuse)........................................... $10.00
23 (4) Issuing a search warrant (except as provided in
24 subsection (d))....................................... $10.00
25 (5) Any other issuance not otherwise provided for in
26 this subsection....................................... $10.00
27 * * *
28 § 4136. Rights of persons charged with certain indirect
29 criminal contempts.
30 (a) General rule.--A person charged with indirect criminal
19890H1023B4215 - 153 -
1 contempt for violation of a restraining order or injunction
2 issued by a court shall enjoy:
3 (1) The rights to bail that are accorded to persons
4 accused of crime.
5 (2) The right to be notified of the accusation and a
6 reasonable time to make a defense, if the alleged contempt is
7 not committed in the immediate view or presence of the court.
8 (3) (i) Upon demand, the right to a speedy and public
9 trial by an impartial jury of the judicial district
10 wherein the contempt is alleged to have been committed.
11 (ii) The requirement of subparagraph (i) shall not
12 be construed to apply to contempts:
13 (A) [committed] Committed in the presence of the
14 court or so near thereto as to interfere directly
15 with the administration of justice, or to apply to
16 the misbehavior, misconduct, or disobedience of any
17 officer of the court in respect to the writs, orders,
18 or process of the court[; or].
19 (B) Subject to 23 Pa.C.S. § 6110 6114 (relating <--
20 to contempt for violation of order or agreement).
21 [(B) subject] (C) Subject to 75 Pa.C.S. §
22 4108(c) (relating to nonjury criminal contempt
23 proceedings).
24 (4) The right to file with the court a demand for the
25 withdrawal of the judge sitting in the proceeding, if the
26 alleged contempt arises from an attack upon the character or
27 conduct of such judge, and if the attack occurred otherwise
28 than in open court. Upon the filing of any such demand, the
29 judge shall thereupon proceed no further but another judge
30 shall be designated by the court. The demand shall be filed
19890H1023B4215 - 154 -
1 prior to the hearing in the contempt proceeding.
2 (b) Punishment.--Except as otherwise provided in this title
3 or by statute hereafter enacted, punishment for a contempt
4 specified in subsection (a) may be by fine not exceeding $100 or
5 by imprisonment not exceeding 15 days in the jail of the county
6 where the court is sitting, or both, in the discretion of the
7 court. Where a person is committed to jail for the nonpayment of
8 such a fine, he shall be discharged at the expiration of 15
9 days, but where he is also committed for a definite time, the 15
10 days shall be computed from the expiration of the definite time.
11 § 5924. Spouses as witnesses against each other.
12 (a) General rule.--In a civil matter neither husband nor
13 wife shall be competent or permitted to testify against each
14 other.
15 (b) Exception.--Subsection (a) shall not apply in an action
16 or proceeding:
17 (1) For divorce, including ancillary proceedings for the
18 partition or division of property.
19 (2) For support or relating to the protection or
20 recovery of marital or separate property.
21 (3) For custody or care of children, including actions
22 or proceedings relating to visitation rights and similar
23 matters.
24 (4) Arising under [the act of October 7, 1976 (P.L.1090,
25 No.218), known as the "Protection From Abuse Act."] 23
26 Pa.C.S. Ch. 61 (relating to protection from abuse).
27 (5) When a statute heretofore or hereafter enacted
28 applicable to the action or proceeding provides either
29 expressly or by necessary implication that spouses may
30 testify therein against each other.
19890H1023B4215 - 155 -
1 § 5945. Confidential communications to school personnel.
2 (a) General rule.--No guidance counselor, school nurse,
3 school psychologist, or home and school visitor in the public
4 schools or in private or parochial schools or other educational
5 institutions providing elementary or secondary education,
6 including any clerical worker of such schools and institutions,
7 who, while in the course of his professional or clerical duties
8 for a guidance counselor, home and school visitor, school nurse
9 or school psychologist, has acquired information from a student
10 in confidence shall be compelled or allowed:
11 (1) without the consent of the student, if the student
12 is 18 years of age or over; or
13 (2) without the consent of his parent or guardian, if
14 the student is under the age of 18 years;
15 to disclose such information in any legal proceeding, trial, or
16 investigation before any government unit.
17 (b) Exemption.--Notwithstanding subsection (a), no such
18 person shall be excused or prevented from complying with [the
19 act of November 26, 1975 (P.L.438, No.124), known as the "Child
20 Protective Services Law."] 23 Pa.C.S. Ch. 63 (relating to child
21 protective services).
22 § 5948. Confidential communications to qualified professionals.
23 Communications of a confidential character made by a spouse
24 to a qualified professional as defined in 23 Pa.C.S. § 3103
25 (relating to definitions) shall be privileged and inadmissible
26 in evidence in any matter under 23 Pa.C.S. Pt. IV (relating to
27 divorce) or VI (relating to children and minors) unless the
28 party concerned waives this privilege.
29 § 7541. Construction of subchapter.
30 * * *
19890H1023B4215 - 156 -
1 (c) Exceptions.--Relief shall not be available under this
2 subchapter with respect to any:
3 (1) Action wherein a divorce or annulment of marriage is
4 sought except as provided by 23 Pa.C.S. § 3306 (relating to
5 proceedings to determine marital status).
6 (2) Proceeding within the exclusive jurisdiction of a
7 tribunal other than a court.
8 (3) Proceeding involving an appeal from an order of a
9 tribunal.
10 § 8127. Personal earnings exempt from process.
11 The wages, salaries and commissions of individuals shall
12 while in the hands of the employer be exempt from any
13 attachment, execution or other process except upon an action or
14 proceeding:
15 (1) Under 23 Pa.C.S. Pt. IV (relating to divorce).
16 [(1)] (2) For support.
17 [(2)] (3) For board for four weeks or less.
18 [(3)] (4) Under the act of August 7, 1963 (P.L.549,
19 No.290), referred to as the Pennsylvania Higher Education
20 Assistance Agency Act.
21 Section 5. Construction of Divorce Code.--The provisions of
22 23 Pa.C.S. Pt. IV (relating to divorce) shall apply to all
23 cases, whether the cause for divorce or annulment arose prior or
24 subsequent to the enactment of this act. The provisions of 23
25 Pa.C.S. Pt. IV shall not affect any suit or action pending on
26 the effective date of the Divorce Code of 1980, but the suit or
27 action may be proceeded with and concluded either under the laws
28 in existence when the suit or action was instituted,
29 notwithstanding the repeal of such laws, or, upon application
30 granted, under the provisions of 23 Pa.C.S. Pt. IV. The
19890H1023B4215 - 157 -
1 provisions of 23 Pa.C.S. Pt. IV shall not apply to any case in
2 which a decree has been rendered prior to the effective date of
3 the Divorce Code of 1980. The provisions of 23 Pa.C.S. Pt. IV
4 shall not affect any marital agreement executed prior to the
5 effective date of the Divorce Code of 1980 or any amendment or
6 modification thereto.
7 Section 6. Repeals.--(a) The following acts and parts of
8 acts are repealed:
9 Act of March 13, 1815 (P.L.150, No.109), entitled "An act
10 concerning divorces."
11 Act of April 11, 1848 (P.L.536, No.372), entitled "A
12 supplement to an act, entitled 'An Act relative to the Le
13 Raysville Phalanx,' passed March, Anno Domini one thousand eight
14 hundred and forty-seven, and relative to obligors and obligees,
15 to secure the right of married women, in relation to
16 defalcation, and to extend the boundaries of the borough of
17 Ligonier."
18 Act of April 15, 1851 (P.L.669, No.358), entitled "An act to
19 incorporate a company to erect a bridge over the river
20 Schuylkill at Spring Mill, in Montgomery county, relative to the
21 nineteenth section of 'An act regulating certain election
22 districts, &c,' approved March twenty-ninth, eighteen hundred
23 and fifty-one, to school directors in Philadelphia county, to
24 actions for damages sustained by injuries done to the person by
25 negligence or default, relative to the accounts of John Humes,
26 deceased, to authorize the trustees of the Seventh Presbyterian
27 church of Philadelphia to convey certain real estate, to
28 security for moneys loaned by wives to husbands, to unpaid
29 school taxes in Bradford county, and relative to service or
30 process on agents of joint stock companies."
19890H1023B4215 - 158 -
1 Act of May 14, 1857 (P.L.507, No.567), entitled "An act to
2 Legitimate Children Born out of Lawful Wedlock."
3 Act of April 21, 1858 (P.L.413, No.444), entitled "An act
4 relating to Illegitimate Children."
5 Act of March 22, 1865 (P.L.30, No.14), entitled, as amended,
6 "An act to authorize minor husbands and wives, seventeen years
7 of age and older, to join in conveyances of their adult spouses'
8 real estate, and to validate such conveyances heretofore made."
9 Act of April 6, 1868 (P.L.67, No.31), entitled "An act to
10 validate certain marriages and legitimatize the issue thereof."
11 Act of June 2, 1871 (P.L.283, No.263), entitled "An act to
12 authorize married women owning capital stock of any railroad
13 company to sell and transfer the same."
14 Act of April 3, 1872 (P.L.35, No.24), entitled "An act
15 securing to married women their separate earnings."
16 Act of April 1, 1874 (P.L.49, No.9), entitled "An act to
17 authorize married women owning loans of this commonwealth, or of
18 the city of Philadelphia, or capital stock of any corporation of
19 this commonwealth, to sell and transfer the same."
20 Act of May 15, 1874 (P.L.179, No.110), entitled "An act to
21 prevent traffic in children."
22 Act of June 26, 1895 (P.L.316, No.232), entitled "An act
23 relating to husband and wife who are the parents of minor
24 children, enlarging and extending the power, control and
25 authority of the mother over their minor children, under certain
26 circumstances."
27 Act of June 11, 1913 (P.L.468, No.313), entitled "An act to
28 provide for the execution of orders of the court of quarter
29 sessions, or other court of competent jurisdiction, for support
30 and maintenance of a wife or children, or both, and for the
19890H1023B4215 - 159 -
1 execution of judgment entered upon contracts for such support
2 and maintenance, by subjecting estates owned by the husband and
3 wife by entireties, and the rents, issues and profits thereof,
4 to such executions; defining the title of the purchaser at the
5 sheriff's sale on such executions; and providing for the
6 application of the proceeds of such sales."
7 Act of April 18, 1919 (P.L.67, No.52), entitled "An act to
8 give to women, married and single, the same right as men to be
9 corporators, and, in furtherance of their interests as
10 stockholders, to serve as directors and officers of corporations
11 for profit."
12 Act of May 24, 1923 (P.L.446, No.238), entitled "An act
13 authorizing the sale of real estate held by entireties by
14 husband and wife when an order of support has been secured
15 against the husband who has neglected to comply with the same,
16 or whose whereabouts is unknown, or who has absented himself
17 from this Commonwealth; prescribing the procedure to be
18 followed; permitting husband and wife to testify; providing for
19 the disposition of the proceeds of such sale; and granting a
20 divorced woman the same rights under this act as a wife.
21 Act of April 11, 1927 (P.L.181, No.151), entitled "An act
22 authorizing a married woman, granted a divorce from bed and
23 board, to convey and encumber her real estate, without the
24 joinder of her husband."
25 Act of May 10, 1927 (P.L.884, No.451), entitled, as amended,
26 "An act modifying the common-law rule relating to property
27 hereafter acquired by husband and wife as tenants by entireties,
28 where such husband and wife are subsequently divorced; creating
29 a tenancy in common in such cases; providing for the sale of
30 property held by husband and wife as tenants by entireties where
19890H1023B4215 - 160 -
1 they have been divorced; and directing the distribution of the
2 proceeds of such sale."
3 Act of June 22, 1935 (P.L.450, No.189), entitled "An act to
4 promote public morals; abolishing civil causes of action for
5 alienation of affections, except in certain cases, and breach of
6 promise to marry; making it unlawful to file, cause to be filed,
7 threaten to file, or threaten to cause to be filed any such
8 action; fixing a time for the commencement of such causes of
9 action heretofore accrued; declaring void all future contracts
10 in settlement of such actions; making it unlawful to induce the
11 execution of such a contract or payment thereunder or
12 institution of suit thereon; and providing penalties."
13 Act of May 13, 1949 (P.L.1319, No.390), entitled "An act
14 authorizing the conveyance of the interest of either former
15 spouse after a divorce to the other without the joinder of the
16 other, of such former spouse's interest in real estate which is
17 held by them as tenants by the entireties, and validating such
18 conveyances formerly made."
19 Act of August 22, 1953 (P.L.1344, No.383), known as The
20 Marriage Law.
21 Act of December 17, 1959 (P.L.1916, No.695), entitled "An act
22 relating to the legitimacy of children born of void or voidable
23 marriages."
24 Act of August 7, 1961 (P.L.961, No.426), entitled "An act
25 authorizing minor spouses to join their adult spouse in the
26 conveyance or mortgaging of their real estate and to execute
27 bonds or other obligations in connection therewith and
28 validating such action taken."
29 Act of July 27, 1967 (P.L.186, No.58), entitled "An act
30 imposing liability upon parents for personal injury, or theft,
19890H1023B4215 - 161 -
1 destruction, or loss of property caused by the wilful, tortious
2 acts of children under eighteen years of age, setting forth
3 limitations, and providing procedure for recovery."
4 Act of June 16, 1972 (P.L.472, No.151), entitled "An act
5 authorizing persons eighteen years of age and older to enter
6 into contracts."
7 Act of December 6, 1972 (P.L.1404, No.300), entitled "An act
8 making a person eighteen and older an adult for the purpose of
9 suing and being sued."
10 Act of November 26, 1975 (P.L.438, No.124), known as the
11 Child Protective Services Law.
12 Act of October 7, 1976 (P.L.1090, No.218), known as the
13 Protection From Abuse Act.
14 Act of April 2, 1980 (P.L.63, No.26), known as the Divorce
15 Code.
16 Act of May 24, 1984 (P.L.326, No.64), known as the
17 Pennsylvania Adoption Cooperative Exchange Act.
18 42 Pa.C.S. Ch. 53, Subch. C (relating to child custody
19 jurisdiction).
20 42 Pa.C.S. Ch. 61, Subch. C (relating to blood tests to
21 determine paternity).
22 42 PA.C.S. CH. 67 (RELATING TO PROTECTION FROM ABUSE). <--
23 (b) Nothing in this act shall repeal, modify or supplant
24 section 7 of the act of February 12, 1988 (P.L.66, No.13),
25 entitled "An act amending the act of April 2, 1980 (P.L.63,
26 No.26), entitled 'An act consolidating, revising and amending
27 the divorce and annulment laws of the Commonwealth and making
28 certain repeals,' further providing for grounds for divorce,
29 enforcement of foreign decrees, procedure, jurisdiction, marital
30 property, relief and alimony; providing for agreements between
19890H1023B4215 - 162 -
1 parties; making editorial changes; and making a repeal."
2 (c) All other acts and parts of acts are repealed insofar as
3 they are inconsistent with this act.
4 Section 7. Effective date.--This act shall take effect in 90
5 days.
A19L23DGS/19890H1023B4215 - 163 -