PRIOR PRINTER'S NOS. 1007, 2615 PRINTER'S NO. 2803
No. 905 Session of 1995
INTRODUCED BY KREBS, BLAUM, ZUG, GORDNER, TIGUE, McCALL, DeLUCA, STABACK, YOUNGBLOOD, SATHER, TRELLO, MUNDY, BATTISTO AND STEELMAN, FEBRUARY 28, 1995
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, NOVEMBER 14, 1995
AN ACT 1 Amending Title 23 (Domestic Relations) of the Pennsylvania 2 Consolidated Statutes, further providing for involuntary 3 termination of parental rights; AND PROVIDING FOR JUDICIAL <-- 4 ASSIGNMENT TO ORPHANS' COURT. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 2511(b) of Title 23 of the Pennsylvania 8 Consolidated Statutes is amended and subsection (a) is amended 9 by adding a paragraph to read: 10 § 2511. Grounds for involuntary termination. 11 (a) General rule.--The rights of a parent in regard to a 12 child may be terminated after a petition filed on any of the 13 following grounds: 14 * * * 15 (8) The child has been removed from the care of the 16 parent by the court or under a voluntary agreement with an 17 agency, the conditions which led to the removal or placement 18 of the child continue to exist, the parent has not remedied
1 those conditions within 12 months from the date of removal or 2 placement, the services or assistance reasonably available to 3 the parent has not remedied the conditions which led to the 4 removal or placement of the child within 12 months from the 5 date of removal or placement and termination of the parental 6 rights would best serve the needs and welfare of the child. 7 (b) Other considerations.--The court in terminating the 8 rights of a parent shall give primary consideration to the 9 developmental, physical and emotional needs and welfare of the 10 child. The rights of a parent shall not be terminated solely on 11 the basis of environmental factors such as inadequate housing, 12 furnishings, income, clothing and medical care if found to be 13 beyond the control of the parent. With respect to any petition 14 filed pursuant to subsection (a)(1) [or], (6) or (8), the court 15 shall not consider any efforts by the parent to remedy the 16 conditions described therein which are first initiated 17 subsequent to the giving of notice of the filing of the 18 petition. 19 * * * 20 Section 2. Section 2512(a) of Title 23 is amended by adding 21 a paragraph to read: 22 § 2512. Petition for involuntary termination. 23 (a) Who may file.--A petition to terminate parental rights 24 with respect to a child under the age of 18 years may be filed 25 by any of the following: 26 * * * 27 (4) The child, represented by an attorney, if the child <-- 28 AN ATTORNEY OR GUARDIAN AD LITEM REPRESENTING A CHILD WHO has <-- 29 been adjudicated dependent under 42 Pa.C.S. § 6341(c) 30 (relating to adjudication). 19950H0905B2803 - 2 -
1 * * * 2 SECTION 3. TITLE 23 IS AMENDED BY ADDING A SECTION TO READ: <-- 3 § 2514. ASSIGNMENT TO ORPHANS' COURT. 4 A JUDGE WHO ADJUDICATED THE CHILD DEPENDENT OR WHO HAS 5 CONDUCTED DISPOSITION REVIEW HEARINGS OR OTHER DEPENDENCY 6 PROCEEDINGS INVOLVING THE CHILD MAY BE ASSIGNED TO THE ORPHANS' 7 COURT DIVISION FOR THE PURPOSE OF HEARING PROCEEDINGS RELATING 8 TO THE INVOLUNTARY TERMINATION OF PARENTAL RIGHTS, UNDER THIS 9 SUBCHAPTER, OF A PARENT OF THE DEPENDENT CHILD. 10 Section 3 4. This act shall take effect in 60 days. <-- A31L23BIL/19950H0905B2803 - 3 -