1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in juvenile matters,
3further defining "dependent child."

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. The definition of "dependent child" in section
76302 of Title 42 of the Pennsylvania Consolidated Statutes,
8amended October 25, 2012 (P.L.1655, No.204), is amended to read:

9§ 6302. Definitions.

10The following words and phrases when used in this chapter
11shall have, unless the context clearly indicates otherwise, the
12meanings given to them in this section:

13* * *

14"Dependent child." A child who:

15(1) is without proper parental care or control,
16subsistence, education as required by law, or other care or
17control necessary for his physical, mental, or emotional
18health, or morals. A determination that there is a lack of

1proper parental care or control may be based upon evidence of
2conduct by the parent, guardian or other custodian that
3places the health, safety or welfare of the child at risk,
4including evidence of the parent's, guardian's or other
5custodian's use of alcohol or a controlled substance that
6places the health, safety or welfare of the child at risk;

7(2) has been placed for care or adoption in violation of
8law;

9(3) has been abandoned by his parents, guardian, or
10other custodian;

11(4) is without a parent, guardian, or legal custodian;

12(5) while subject to compulsory school attendance is
13habitually and without justification truant from school;

14(6) has committed a specific act or acts of habitual
15disobedience of the reasonable and lawful commands of his
16parent, guardian or other custodian and who is ungovernable
17and found to be in need of care, treatment or supervision;

18(7) has committed a delinquent act or crime, other than 
19a summary offense, while under the age of ten years;

20(8) has been formerly adjudicated dependent, and is
21under the jurisdiction of the court, subject to its
22conditions or placements and who commits an act which is
23defined as ungovernable in paragraph (6);

24(9) has been referred pursuant to section 6323 (relating
25to informal adjustment), and who commits an act which is
26defined as ungovernable in paragraph (6); [or]

27(10) is born to a parent whose parental rights with
28regard to another child have been involuntarily terminated
29under 23 Pa.C.S. § 2511 (relating to grounds for involuntary
30termination) within three years immediately preceding the

1date of birth of the child and conduct of the parent poses a
2risk to the health, safety or welfare of the child; or

3(11) is a newborn and receives a diagnosis of fetal 
4alcohol syndrome or tests positive for any amount of an 
5illegal controlled substance, unless the child tests positive 
6for a controlled substance as a result of the mother's lawful 
7intake of the substance as prescribed.

8* * *

9Section 2. This act shall take effect in 60 days.