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PRINTER'S NO. 2201
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1400
Session of
2015
INTRODUCED BY WOZNIAK, RESCHENTHALER, FONTANA, TEPLITZ,
BREWSTER, COSTA, DINNIMAN AND RAFFERTY, OCTOBER 25, 2016
REFERRED TO JUDICIARY, OCTOBER 25, 2016
AN ACT
Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in child custody, further providing for factors to
consider when awarding custody, for guardian ad litem and for
counsel for child; in Administrative Office of Pennsylvania
Courts, providing for domestic violence education and
training program for judges and guardians ad litem; and, in
depositions and witnesses, further providing for rights and
services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5328(a) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5328. Factors to consider when awarding custody.
(a) Factors.--In ordering any form of custody, the court
shall determine the best interest of the child by considering
all relevant factors, giving weighted consideration to those
factors which affect the health and safety of the child,
including the following:
(1) Which party is more likely to ensure the health and
safety of the child. There shall be a rebuttable presumption
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that custody or visitation shall not be awarded to a parent
or party who jeopardizes the health and safety of the child.
[(1)] (1.1) Which party is more likely to encourage and
permit frequent and continuing contact between the child and
another party.
(2) The present and past abuse committed by a party or
member of the party's household, whether there is a continued
risk of harm to the child or an abused party and which party
can better provide adequate physical safeguards and
supervision of the child.
(2.1) The information set forth in section 5329.1(a)
(relating to consideration of child abuse and involvement
with protective services).
(3) The parental duties performed by each party on
behalf of the child.
(4) The need for stability and continuity in the child's
education, family life and community life.
(5) The availability of extended family.
(6) The child's sibling relationships.
(7) The well-reasoned preference of the child, based on
the child's maturity and judgment.
(8) The attempts of a parent to turn the child against
the other parent, except in cases of domestic violence where
reasonable safety measures are necessary to protect the child
from harm.
(9) Which party is more likely to maintain a loving,
stable, consistent and nurturing relationship with the child
adequate for the child's emotional needs.
(10) Which party is more likely to attend to the daily
physical, emotional, developmental, educational and special
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needs of the child.
(11) The proximity of the residences of the parties.
(12) Each party's availability to care for the child or
ability to make appropriate child-care arrangements.
(13) The level of conflict between the parties and the
willingness and ability of the parties to cooperate with one
another. A party's effort to protect a child from abuse by
another party is not evidence of unwillingness or inability
to cooperate with that party.
(14) The history of drug or alcohol abuse of a party or
member of a party's household.
(15) The mental and physical condition of a party or
member of a party's household.
(15.1) Allegations of child abuse or a history of
domestic violence in the presence of the child. The following
apply:
(i) An evidentiary hearing limited to evidence
related to the issue of child abuse or domestic violence
shall be held if consideration is given under this
paragraph.
(ii) A parent's allegation of child abuse or
domestic violence, if made in good faith, shall not be a
factor that weighs against the parent in determining
custody or visitation.
(iii) If the court finds a pattern of domestic
violence or child abuse by a parent, the court shall
award custody of the child to the other parent or party
and shall only initially award supervised visitation to
the parent engaged in a pattern of violence or abusive
behavior.
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(16) Any other relevant factor.
* * *
Section 2. Sections 5334(c) and 5335(b) of Title 23 are
amended to read:
§ 5334. Guardian ad litem for child.
* * *
(c) Abuse.--If substantial allegations of abuse of the child
or substantial allegations of domestic violence which impacts
the child are made, the court shall appoint a guardian ad litem
for the child if:
(1) counsel for the child is not appointed under section
5335 (relating to counsel for child); or
(2) the court is satisfied that the relevant information
will be presented to the court only with such appointment.
* * *
§ 5335. Counsel for child.
* * *
(b) Abuse.--Substantial allegations of abuse of the child
and substantial allegations of domestic violence which impacts
the child constitute a reasonable basis for appointing counsel
for the child.
* * *
Section 3. Title 42 is amended by adding a section to read:
§ 1908. Domestic violence education and training program for
judges and guardians ad litem.
The Administrative Office of Pennsylvania Courts may develop
and implement ongoing education and training programs for
judges, including magisterial district judges and relevant
personnel, regarding child abuse and domestic violence and the
impact of child abuse and domestic violence on children. The
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education and training program shall be offered at intervals of
no more than every three years and shall include, but not be
limited to, the latest best practices and research in child
abuse and domestic violence designed to improve the ability of
the court to recognize and respond to the impact of child abuse
and domestic violence on all victims, specifically children.
Section 4. Section 5983(a) of Title 42 is amended to read:
§ 5983. Rights and services.
(a) Designation of persons to act on behalf of children.--
Courts of common pleas may designate one or more persons as a
child advocate to provide the following services on behalf of
children who are involved in criminal proceedings as victims or
material witnesses or children who are the subject of a custody
agreement or dispute and who are alleged to have been abused or
have been impacted by domestic violence:
(1) To explain, in language understood by the child, all
legal proceedings in which the child will be involved.
(2) As a friend of the court, to advise the judge,
whenever appropriate, of the child's ability to understand
and cooperate with any court proceedings.
(3) To assist or secure assistance for the child and the
child's family in coping with the emotional impact of the
crime and subsequent criminal proceedings in which the child
is involved.
* * *
Section 5. This act shall take effect in 60 days.
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