PRINTER'S NO. 401
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
454
Session of
2015
INTRODUCED BY BOSCOLA, HUGHES, WOZNIAK, HUTCHINSON AND
VULAKOVICH, FEBRUARY 12, 2015
REFERRED TO JUDICIARY, FEBRUARY 12, 2015
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
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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.:
Section 2702 (relating to aggravated assault).
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual
assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent
assault).
Section 3126 (relating to indecent assault).
Section 4304 (relating to endangering welfare of
children).
(iii) An offense under 18 Pa.C.S. Ch. 30, Subch. B
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(relating to prosecution of human trafficking).
(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.
(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) or (ii).
(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.
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