THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BOSCOLA, ALLOWAY, COSTA, STACK, FARNESE AND WASHINGTON, MARCH 10, 2010

REFERRED TO JUDICIARY, MARCH 10, 2010  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in proceedings prior to petition to

adopt, further providing for grounds for involuntary

termination.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2511(a)(9) of Title 23 of the

Pennsylvania Consolidated Statutes is amended and the section is

amended by adding a subsection to read:

§ 2511.  Grounds for involuntary termination.

(a)  General rule.--The rights of a parent in regard to a

child may be terminated after a petition filed on any of the

following grounds:

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[(9)  The parent has been convicted of one of the

following in which the victim was a child of the parent:

(i)  an offense under 18 Pa.C.S. Ch. 25(relating to

criminal homicide);

(ii)  a felony under 18 Pa.C.S. § 2702(relating to

aggravated assault);

(iii)  an offense in another jurisdiction equivalent

to an offense in subparagraph (i) or (ii); or

(iv)  an attempt, solicitation or conspiracy to

commit an offense in subparagraph (i), (ii) or (iii).]

(a.1)  Mandatory termination.--The rights of a parent in

regard to a child shall be terminated after a petition filed on

any of the following grounds is determined by the court to have

been proved and a determination is made by the court that the

termination is in the best interests of the child:

(1)  The parent has been convicted of one of the

following in which the victim was a child of the parent or

any other child who resided in the parent's household:

(i)  An offense under 18 Pa.C.S. Ch. 25 (relating to

criminal homicide).

(ii)  A felony under any of the following provisions

of 18 Pa.C.S.:

(A)  Section 2702 (relating to aggravated

assault).

(B)  Section 3121 (relating to rape).

(C)  Section 3122.1 (relating to statutory sexual

assault).

(D)  Section 3123 (relating to involuntary

deviate sexual intercourse).

(E)  Section 3124.1 (relating to sexual assault).

(F)  Section 3125 (relating to aggravated

indecent assault).

(G)  Section 3126 (relating to indecent assault).

(H)  Section 4304 (relating to endangering

welfare of children).

(iii)  An offense under 18 Pa.C.S. § 3002 (relating

to trafficking of persons).

(iv)  An offense under 18 Pa.C.S. § 4302 (relating to

incest).

(v)  An offense in another jurisdiction equivalent to

an offense in subparagraph (i), (ii), (iii) or (iv).

(vi)  An attempt, solicitation or conspiracy to

commit an offense in subparagraph (i), (ii), (iii) or

(iv).

(2)  The parent has been convicted of one of the

following in which the victim was the other parent of a child

of the parent who has been convicted or either parent of any

other child who resided in the household of the parent who

has been convicted: 

(i)  An offense under 18 Pa.C.S. Ch. 25 (relating to

criminal homicide).

(ii)  An offense in another jurisdiction equivalent

to an offense in subparagraph (i).

(iii)  An attempt, solicitation or conspiracy to

commit an offense in subparagraph (i).

(3)  Any omission or series of repeated and continuing

omissions by the parent in the care of a child of the parent

or any other child who resided in the parent's household

which results in a life-threatening condition or seriously

impairs the child's functioning.

(4)  A child of the parent or any other child who resided

in the parent's household has been the victim of physical

abuse resulting in serious bodily injury, sexual violence or

aggravated physical neglect by the parent.

(5)  The parental rights of the parent have been

involuntarily terminated with respect to a child of the

parent based upon paragraph (1), (2), (3) or (4).

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Section 2.  This act shall take effect in 60 days.