PRINTER'S NO. 2989
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2058
Session of
2018
INTRODUCED BY ROZZI, KINSEY, DEAN, HAGGERTY, READSHAW,
SCHLOSSBERG, TOOHIL, DAVIS, YOUNGBLOOD, CALTAGIRONE AND
KIRKLAND, FEBRUARY 5, 2018
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 5, 2018
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 for
child and for counsel for child; in Administrative Office of
Pennsylvania Courts, providing for child abuse and 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[.], except in cases of domestic violence,
including child abuse, where reasonable safety measures are
necessary to protect the child from harm.
(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,
including child abuse, 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.
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(10) Which party is more likely to attend to the daily
physical, emotional, developmental, educational and special
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 child's disclosure of abuse or a parent's
allegation of child abuse or domestic violence, if made
in good faith, shall not be a factor that weighs against
the safe parent in determining custody or visitation.
(iii) If the court finds a pattern of domestic
violence or an act of severe child abuse, including
sexual abuse and trauma, by a parent, the court shall
award sole custody of the child to the safe parent or
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party and shall suspend visitation or only award
professionally supervised visitation to the parent
engaged in a pattern of violence or abusive behavior. Any
cost incurred for professionally supervised visitation
shall be paid by the abusing parent.
(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. Child abuse and domestic violence education and
training program for judges and guardians ad litem.
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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, including child sexual abuse
and trauma, and domestic violence and the impact of child abuse
and domestic violence on children. The education and training
program shall be offered at intervals of no more than every
three years and shall include the latest best practices and only
evidence-based research from accredited institutions in child
abuse, including child sexual abuse and trauma, 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. The education
and training program shall only utilize scientific theories that
meet admissibility standards in child abuse, including child
sexual abuse and trauma, and domestic abuse.
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.
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(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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