PRINTER'S NO. 1996
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1539
Session of
2017
INTRODUCED BY PASHINSKI, DRISCOLL, THOMAS, FREEMAN, ROTHMAN,
KINSEY, VAZQUEZ, MILLARD, READSHAW, SCHLOSSBERG, DAVIS,
CALTAGIRONE, HILL-EVANS, TOOHIL, KORTZ, PHILLIPS-HILL,
SAMUELSON, HARKINS, DeLUCA, WARREN AND FARRY, JUNE 13, 2017
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JUNE 13, 2017
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in standby guardianship, providing for
temporary guardianship; and, in child protective services,
further providing for release of information in confidential
reports.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Chapter 56 of Title 23 of the
Pennsylvania Consolidated Statutes is amended to read:
CHAPTER 56
STANDBY AND TEMPORARY GUARDIANSHIP
Subchapter
A. Preliminary Provisions
B. General Provisions
C. Temporary Guardianship
Section 2. Chapter 56 of Title 23 is amended by adding a
subchapter to read:
SUBCHAPTER C
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TEMPORARY GUARDIANSHIP
Sec.
5630. Grounds for appointment.
5631. Standard for appointment.
5632. Duration.
5633. Hearing required.
5634. Mandatory considerations.
5635. Investigation required.
5636. Limits on temporary guardianship powers.
5637. Costs.
5638. Termination of temporary guardianship.
5639. Onsite assessment.
5640. Agreement for temporary guardianship.
ยง 5630. Grounds for appointment.
When an individual who is a parent of a minor has entered a
rehabilitation facility for treatment of a drug or alcohol
addiction, or has been subject to emergency medical intervention
due to abuse of drugs or alcohol, a grandparent of the minor or
an individual who stands in loco parentis to the minor may file
a petition with the court of common pleas for temporary
guardianship of that minor.
ยง 5631. Standard for appointment.
A court may appoint an individual under section 5630
(relating to grounds for appointment) as temporary guardian if,
upon petition, it is shown by clear and convincing evidence
that:
(1) Grounds for appointment have been established under
section 5630 or a written agreement for temporary
guardianship has been executed by a parent of the minor and
an individual listed under section 5630.
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(2) The other parent of the child:
(i) is unable or unwilling to assume physical
custody or make decisions regarding the child;
(ii) consents to the temporary guardianship;
(iii) after a good faith effort, cannot be located;
or
(iv) is deceased.
ยง 5632. Duration.
Temporary guardianship under this section shall be limited in
duration to not more than 60 days from entry of the order of
temporary guardianship but, upon petition or by written
agreement of the temporary guardian and the parent who has
entered a rehabilitation facility, may be extended for periods
of up to 60 additional days. The total period of guardianship
under this section may not exceed 365 days.
ยง 5633. Hearing required.
Upon petition for temporary guardianship of a minor, the
court shall hold a hearing, at which one or both parents and the
minor has the right to be present. The court may not hold a
hearing absent proof of personal service upon the parent or
documentary evidence that after a good faith effort the other
parent cannot be located.
ยง 5634. Mandatory considerations.
Before granting a petition under this section, the court
shall consider whether granting temporary guardianship is in the
best interest of a minor. When determining whether to grant or
extend temporary guardianship the court shall also consider the
following:
(1) The existence of feasible alternatives to temporary
guardianship.
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(2) The effect on the emotional, social and educational
development of the minor.
(3) Whether the temporary guardianship will have an
adverse effect on the minor's relationship with the parent.
(4) The wishes of either parent regarding the temporary
guardianship.
(5) The expressed preference of an age-appropriate
minor.
(6) The physical and behavioral health of the temporary
guardian and any treatment rendered to the temporary guardian
by health care providers.
(7) Other relevant factors regarding the effect of the
temporary guardianship.
ยง 5635. Investigation required.
A court may not enter or extend an order of temporary
guardianship unless:
(1) A search of the ChildLine database maintained by the
Department of Human Services indicates no record of the
temporary guardian or a person who resides in the same
household as the temporary guardian as being a perpetrator of
child abuse or neglect.
(2) A search of criminal history records in this
Commonwealth and criminal history records maintained by
Federal agencies indicates no record of the temporary
guardian or a person who resides in the same household as the
temporary guardian as being convicted of a crime of violence,
as defined in 42 Pa.C.S. ยง 9714(g) (relating to sentences for
second and subsequent offenses).
ยง 5636. Limits on temporary guardianship powers.
In addition to any other restrictions on the power of a
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guardian or temporary guardian, a temporary guardian may not
have the power to:
(1) Remove the minor from the United States either
permanently or temporarily or permit the minor to be removed
from the United States either permanently or temporarily.
(2) Remove the minor from this Commonwealth absent a
court order, which may only be issued after a hearing at
which both parents and the child shall have the right to be
present.
ยง 5637. Costs.
A court may waive filing fees and other costs upon
application when the temporary guardian demonstrates the fees
and other costs would constitute a financial burden upon the
temporary guardian and the family of the temporary guardian.
There shall be a presumption of a financial burden if the income
from all sources of the temporary guardian is less than 300% of
the poverty level set by the Federal Government.
ยง 5638. Termination of temporary guardianship.
A court may terminate a temporary guardianship upon a showing
that the basis for the temporary guardianship no longer exists
or that the parent and temporary guardian agree upon
termination. A party to the temporary guardianship may file a
petition with the court seeking termination.
ยง 5639. Onsite assessment.
Within 15 days of termination of a temporary guardianship,
the court shall direct a county children and youth agency to do
an onsite assessment of the home of the parent of the minor.
ยง 5640. Agreement for temporary guardianship.
A parent and a temporary guardian may agree on a temporary
guardianship. In the case of more than one agreement for
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temporary guardianship, the last executed agreement shall be
given effect. A designation of temporary guardianship may, but
need not, be in the following form:
......................................................
(Insert name of designator) do hereby appoint
......................................................
(Insert name, address and telephone number of temporary
guardian) as the temporary guardian of
......................................................
(Insert name(s) of minor(s) to take effect upon
.................... (Date).
I am the mother/father/other to ........................
......................................................
(Insert name(s) of minor(s)).
......................................................
(Insert name(s) of other parent(s) of minor(s)) is the
father/mother/other of ...............................
......................................................
(Insert name(s) of minor(s)).
By this designation, I am granting ...................
(insert name of temporary guardian) the authority to act for
45 days following the occurrence of ...................
as a coguardian with me or as guardian of my minor
child(ren).
It is my intention to retain full parental rights to the
extent consistent with my condition and to retain the
authority to revoke the temporary guardianship if I so
choose.
This designation is made after careful reflection, while I am
of sound mind.
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.......................... ..............................
(Date) (Designator's signature)
.......................... ..............................
(Witness's signature) (Witness's signature)
.......................... ..............................
(Number and Street) (Number and Street)
.......................... ..............................
(City, State and Zip Code) (City, State and Zip Code)
If applicable: I, ....................................... ,
(Insert name of other parent)
hereby consent to this designation.
.......................... ..............................
(Date) (Signature of other parent)
..........................................................
(Address of other parent)
I, .......................................................
(Insert name of temporary guardian) hereby accept my
nomination as temporary guardian of ......................
..........................................................
(Insert minor(s)'s name(s)). I understand that my rights and
responsibilities toward the minor child(ren) named above will
become effective upon ......................... (Date)
I further understand that in order to continue as temporary
guardian for the child(ren), I must file a petition with the
court of common pleas within 30 days of the order granting
the petition for temporary guardianship.
.......................... ..............................
(Date) (Signature of temporary guardian)
NOTARY SEAL
I hereby revoke the above temporary guardianship agreement.
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.......................................... (Parent signature)
.............................. (Date)
NOTARY SEAL
Section 3. Section 6340(a)(5.1) of Title 23 is amended to
read:
ยง 6340. Release of information in confidential reports.
(a) General rule.--Reports specified in section 6339
(relating to confidentiality of reports) shall only be made
available to:
* * *
(5.1) A court of common pleas in connection with any
matter involving custody of a child as set forth in sections
5328 (relating to factors to consider when awarding custody)
and 5329.1 (relating to consideration of child abuse and
involvement with protective services) or temporary
guardianship of a child under Chapter 56 (relating to standby
and temporary guardianship).
* * *
Section 4. This act shall take effect in 60 days.
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