1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions and providing for exclusions from
4child abuse.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 6303(a) heading and (b) of Title 23 of
8the Pennsylvania Consolidated Statutes are amended and
9subsection (a) is amended by adding a definition to read:

10§ 6303. Definitions.

11[(a) General rule.--]The following words and phrases when
12used in this chapter shall have the meanings given to them in
13this section unless the context clearly indicates otherwise:

14* * *

15"Child abuse." Except as otherwise provided in section 6304
16(relating to exclusions from child abuse), any of the following
17with respect to a child:

18(1) Recklessly or intentionally acting against a child

1with either of the following outcomes which occurred within
2two years of the date of the report to the department or
3county agency:

4(i) Causing bodily injury or serious bodily injury
5to a child.

6(ii) Creating a reasonable likelihood of bodily
7injury or serious bodily injury to a child. The actions
8may include the fabrication, feigning or intentionally
9exaggerating or inducing a medical symptom or disease
10which results in a potentially harmful medical evaluation
11or treatment to the child.

12(2) Recklessly or intentionally engaging in any of the
13following conduct that has occurred within two years of the
14date of the report to the department or county agency:

15(i) Kicking, burning, biting, stabbing, cutting or
16throwing a child in a manner that may endanger the child.

17(ii) Unreasonably confining or restraining a child,
18based upon the method, location or the duration of the
19confinement or restraint.

20(iii) Forcefully shaking a child if the child is
21under one year of age.

22(iv) Forcefully slapping a child if the child is
23under one year of age.

24(v) Interfering with the breathing of a child.

25(vi) Causing the child to be present at a location
26where any of the following is occurring:

27(A) A violation of 18 Pa.C.S. § 7508.2 (relating
28to operation of methamphetamine laboratory).

29(B) A felony violation of the act of April 14,
301972 (P.L.233, No.64), known as The Controlled

1Substance, Drug, Device and Cosmetic Act.

2(vii) Operating a vehicle in which the child is a
3passenger while a violation of 75 Pa.C.S. § 3802
4(relating to driving under influence of alcohol or
5controlled substance) is occurring.

6(viii) Leaving a child alone with an individual who
7is 14 years of age or older and subject to registration
8under 42 Pa.C.S. Ch. 97 Subch. H (relating to
9registration of sexual offenders).

10(3) Causing or significantly contributing, by an act or
11series of acts, to the serious mental injury to a child.

12(4) Recklessly or intentionally acting to cause the
13sexual abuse or exploitation of a child.

14(5) Causing serious physical neglect of a child.

15(6) Attempting to engage in any conduct under paragraph
16(1), (2), (3) or (4).

17(7) Failing to act which:

18(i) has occurred within two years of the date of the
19report to the department or county agency; and

20(ii) does any of the following:

21(A) Causes bodily injury or creates a reasonable
22likelihood of bodily injury to a child.

23(B) Recklessly or intentionally engages in
24conduct under paragraph (2).

25(8) Causing harm or injury as set forth in paragraph (3)
26or (4) by failing to act.

27(9) Recklessly or intentionally performing an act which
28results in the death of a child.

29* * *

30[(b) Child abuse.--

1(1) The term "child abuse" shall mean any of the
2following:

3(i) Any recent act or failure to act by a
4perpetrator which causes nonaccidental serious physical
5injury to a child under 18 years of age.

6(ii) An act or failure to act by a perpetrator which
7causes nonaccidental serious mental injury to or sexual
8abuse or sexual exploitation of a child under 18 years of
9age.

10(iii) Any recent act, failure to act or series of
11such acts or failures to act by a perpetrator which
12creates an imminent risk of serious physical injury to or
13sexual abuse or sexual exploitation of a child under 18
14years of age.

15(iv) Serious physical neglect by a perpetrator
16constituting prolonged or repeated lack of supervision or
17the failure to provide essentials of life, including
18adequate medical care, which endangers a child's life or
19development or impairs the child's functioning.

20(2) No child shall be deemed to be physically or
21mentally abused based on injuries that result solely from
22environmental factors that are beyond the control of the
23parent or person responsible for the child's welfare, such as
24inadequate housing, furnishings, income, clothing and medical
25care.

26(3) If, upon investigation, the county agency determines
27that a child has not been provided needed medical or surgical
28care because of seriously held religious beliefs of the
29child's parents, guardian or person responsible for the
30child's welfare, which beliefs are consistent with those of a

1bona fide religion, the child shall not be deemed to be
2physically or mentally abused. The county agency shall
3closely monitor the child and shall seek court-ordered
4medical intervention when the lack of medical or surgical
5care threatens the child's life or long-term health. In cases
6involving religious circumstances, all correspondence with a
7subject of the report and the records of the Department of
8Public Welfare and the county agency shall not reference
9"child abuse" and shall acknowledge the religious basis for
10the child's condition, and the family shall be referred for
11general protective services, if appropriate.]

12Section 2. Title 23 is amended by adding a section to read:

13§ 6304.  Exclusions from child abuse.

14(a)  Environmental factors.--No child shall be deemed to be
15physically or mentally abused based on injuries that result
16solely from environmental factors that are beyond the control of
17the parent or person responsible for the child's welfare, such
18as inadequate housing, furnishings, income, clothing and medical
19care.

20(b) Practice of religious beliefs.--If, upon investigation,
21the county agency determines that a child has not been provided
22needed medical or surgical care because of seriously held
23religious beliefs of the child's parents, guardian or person
24responsible for the child's welfare, which beliefs are
25consistent with those of a bona fide religion, the child shall
26not be deemed to be physically or mentally abused. The county
27agency shall closely monitor the child and shall seek court-
28ordered medical intervention when the lack of medical or
29surgical care threatens the child's life or long-term health. In
30cases involving religious circumstances, all correspondence with

1a subject of the report and the records of the Department of
2Public Welfare and the county agency shall not reference "child
3abuse" and shall acknowledge the religious basis for the child's
4condition, and the family shall be referred for general
5protective services, if appropriate.

6(c)  Use of force for disciplinary purposes.--Subject to
7subsection (d), the use of reasonable force under the
8circumstances against a child by a person responsible for a
9child's welfare shall not be considered child abuse if any of
10the following conditions apply:

11(1)  The use of reasonable force constitutes incidental,
12minor or reasonable physical contact with the child or other
13actions that are designed to maintain order and control.

14(2)  The use of reasonable force is necessary:

15(i)  to quell a disturbance or remove the child from
16the scene of a disturbance that threatens physical injury
17to persons or damage to property;

18(ii)  to prevent the child from self-inflicted
19physical harm;

20(iii)  for self-defense or the defense of another
21individual; or

22(iv)  to obtain possession of weapons or other
23dangerous objects or controlled substances or
24paraphernalia that are on the child or within the control
25of the child.

26(d)  Effect on rights of parents.--Notwithstanding subsection
27(c), this chapter does not restrict the generally recognized
28existing rights of parents to use reasonable supervision and
29control when raising their children, subject to the provisions
30of 18 Pa.C.S. § 509 (relating to use of force by persons with

1special responsibility for care, discipline or safety of
2others).

3(e)  Participation in events that involve physical contact
4with child.--An individual participating in a practice or
5competition in an interscholastic sport, physical education or
6an extracurricular activity that involves physical contact with
7a child does not, in itself, constitute contact that is subject
8to the reporting requirements of this chapter.

9(f)  Peer-on-peer contact.--No child shall be deemed to be
10physically or mentally abused based on injuries that result
11solely from a fight or scuffle mutually entered into by mutual
12consent.

13Section 3. This act shall take effect in 60 days.