AN ACT

 

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

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

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

14§ 5328. Factors to consider when awarding custody.

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

1* * *

2(2.1) The information set forth in section 5329.1(a)(1)
3and (2) (relating to consideration of child abuse and
4involvement with child protective services).

5* * *

6Section 2. Title 23 is amended by adding a section to read:

7§ 5329.1. Consideration of child abuse and involvement with
8child protective services.

9(a) Information sharing.--In accordance with section 6340(a)
10(5.1) (relating to release of information in confidential
11reports), where a party seeks any form of custody, the court
12shall determine:

13(1) With respect to child abuse under Chapter 63
14(relating to child protective services) or a child who is a
15victim of a crime under 18 Pa.C.S. (relating to crimes and
16offenses) which would constitute abuse under Chapter 63:

17(i) Whether the child is the subject of an indicated
18or founded report of child abuse.

19(ii) Whether a party or a member of the party's
20household has been identified as the perpetrator in an
21indicated or founded report of child abuse.

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

23(iv) The jurisdiction where the child abuse
24investigation took place.

25(2) With respect to general protective services under
26Chapter 63:

27(i) Whether a party or a member of a party's
28household has been provided general protective services.

29(ii) The type of services provided.

30(iii) The circumstances surrounding the provision of

1services.

2(iv) Whether the services were effective.

3(v) The date the services were provided.

4(vi) The jurisdiction where the services were
5provided.

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

7(1) The Department of Public Welfare <-and the county 
8children and youth social service agency shall fully
9cooperate with the court and assist the court in fulfilling
10its duties under this section.

11(2) The Department of Public Welfare <-and the county 
12children and youth social service agency shall fully
13cooperate with the governing authority in order to implement
14the provisions of this section.

15(3) The governing authority shall develop procedures to
16implement the provisions of this section.

17(4) As used in this subsection, the term "governing
18authority" shall have the meaning given to it in 42 Pa.C.S. §
19102 (relating to definitions).

20Section 3. Section 6340(a)(5.1) of Title 23 is amended to
21read:

22§ 6340. Release of information in confidential reports.

23(a) General rule.--Reports specified in section 6339
24(relating to confidentiality of reports) shall only be made
25available to:

26* * *

27(5.1) A court of common pleas in connection with any
28matter involving custody of a child[. The department shall
29provide to the court any reports and files which the court
30considers relevant.] as set forth in sections 5328 (relating 

1to factors to consider when awarding custody) and 5329.1 
2(relating to consideration of child abuse and involvement 
3with child protective services).

4* * *

5Section 4. Section 6307(a) of Title 42 is amended by adding
6a paragraph to read:

7§ 6307. Inspection of court files and records.

8(a) General rule.--All files and records of the court in a
9proceeding under this chapter are open to inspection only by:

10* * *

11(4.1) A court in determining custody, as provided in 23
12Pa.C.S. §§ 5328 (relating to factors to consider when
13awarding custody) and 5329.1 (relating to consideration of
14child abuse and involvement with child protective services).

15* * *

<-16Section 5. The amendment or addition of 23 Pa.C.S. §§
175328(a)(2.1), 5329.1 and 6340(a)(5.1) and 42 Pa.C.S. §
186307(a)(4.1) shall apply to:

19(1) Any action regarding custody of a child under 23
20Pa.C.S. Ch. 53 that is filed on or after the effective date
21of this act.

22(2) Any petition to modify a custody order under 23
23Pa.C.S. Ch. 53 that is filed on or after the effective date
24of this act.

25Section <-5 6. This act shall take effect in 60 days.