1Amending Titles 23 (Domestic Relations), 42 (Judiciary and
2Judicial Procedure) and 44 (Law and Justice) of the
3Pennsylvania Consolidated Statutes, in proceedings prior to
4petition to adopt, further providing for grounds for
5involuntary termination; in juvenile matters, further
6providing for disposition of dependent child; and adding
7provisions relating to certain arrest protocols.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. section 2511(b) of Title 23 of the Pennsylvania
11Consolidated Statutes is amended to read:

12§ 2511. Grounds for involuntary termination.

13* * *

14(b) Other considerations.--

15(1) The court in terminating the rights of a parent
16shall give primary consideration to the developmental,
17physical and emotional needs and welfare of the child.

18(2) The rights of a parent shall not be terminated
19solely on the basis of:

20(i)  environmental factors such as inadequate

1housing, furnishings, income, clothing and medical care
2if found to be beyond the control of the parent[.]; or

3(ii) parental incarceration.

4(3)  With respect to any petition filed pursuant to
5subsection (a)(1), (6) or (8), the court shall not consider
6any efforts by the parent to remedy the conditions described
7therein which are first initiated subsequent to the giving of
8notice of the filing of the petition.

9* * *

10Section 2. Section 6351(f)(9) of Title 42 is amended to
11read:

12§ 6351. Disposition of dependent child.

13* * *

14(f) Matters to be determined at permanency hearing.--At each
15permanency hearing, a court shall determine all of the
16following:

17* * *

18(9) If the child has been in placement for at least 15
19of the last 22 months or the court has determined that
20aggravated circumstances exist and that reasonable efforts to
21prevent or eliminate the need to remove the child from the
22child's parent, guardian or custodian or to preserve and
23reunify the family need not be made or continue to be made,
24whether the county agency has filed or sought to join a
25petition to terminate parental rights and to identify,
26recruit, process and approve a qualified family to adopt the
27child unless any of the following provisions apply:

28(i) [the] The child is being cared for by a relative
29best suited to the physical, mental and moral welfare of
30the [child;] child.

1(ii) [the] The county agency has documented a
2compelling reason for determining that filing a petition
3to terminate parental rights would not serve the needs
4and welfare of the [child; or] child. A compelling reason 
5may include parental incarceration for a period exceeding 
615 months, if:

7(A) the parent makes efforts to the extent
8feasible, to comply with family service plan
9requirements and otherwise maintain a meaningful role
10in the child's life during the time of incarceration;
11and

12(B) termination of parental rights is not
13otherwise necessitated by the needs and welfare of
14the child.

15(iii) [the] The child's family has not been provided
16with necessary services to achieve the safe return to the
17child's parent, guardian or custodian within the time
18frames set forth in the permanency plan.

19* * *

20Section 3. Title 44 is amended by adding a chapter to read:

21CHAPTER 25

22ARREST PROTOCOLS

23Sec.

242501. Definitions.

252502. Training.

262503. Guidelines for identification of minor or dependent
27children upon arrest.

282504. Program responsibilities.

29§ 2501. Definitions.

30The following words and phrases when used in this chapter

1shall have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3"Commission." The Municipal Police Officers' Education and
4Training Commission.

5"Department." The Department of Public Welfare of the
6Commonwealth.

7"Law enforcement officer." Any of the following:

8(1) Member of the Pennsylvania State Police.

9(2) Municipal police officer as defined in 53 Pa.C.S.
10Ch. 21 Subch. D (relating to municipal police education and
11training).

12(3) Constable and deputy constable as defined in Chapter
1371 (relating to constables).

14(4) County sheriff and deputy sheriff.

15§ 2502. Training.

16A course of training for ensuring child safety upon the
17arrest of a parent or guardian shall be included in the basic
18curriculum of each basic training class and as a component of
19in-service training each year for each law enforcement officer.

20§ 2503. Guidelines for identification of minor or dependent
21children upon arrest.

22(a) Inquiry upon arrest.--A law enforcement officer who
23arrests an individual shall at the time of the arrest inquire as
24to whether the individual is a parent or guardian of any minor
25or dependent child whose safety or well-being may be at risk as
26a result of the arrest. The law enforcement officer shall make
27reasonable efforts to ensure the safety or well-being of any
28such child in accordance with guidelines under subsection (b).

29(b) Establishment of guidelines.--

30(1) In consultation with representatives of the county 

1children and youth social service agencies, the Pennsylvania 
2State Police, the commission and the department shall 
3establish guidelines and training programs for law 
4enforcement officers to ensure the safety of a child upon the 
5arrest of a parent or guardian of the child.

6(2) The guidelines and training program shall include:

7(i) Procedures to ensure that law enforcement
8officers inquire whether an arrestee has any minor or
9dependent child who may be present or at another location
10at the time of the arrest.

11(ii) Procedures for the proper arrangement of
12temporary care for children to ensure their safety and
13well-being.

14(iii) Education on how the effects of witnessing a
15violent crime or other event causes emotional trauma to
16children and how law enforcement officers can assist in
17mitigating the long-term effects of the trauma.

18§ 2504. Program responsibilities.

19The Pennsylvania State Police and the commission shall:

20(1) Use available funds to develop and maintain arrest
21protocol training programs.

22(2) Oversee and coordinate the arrest protocol training
23programs throughout this Commonwealth.

24(3) Regularly evaluate arrest protocol programs and make
25modifications as necessary.

26Section 4. This act shall take effect in 60 days.