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PRINTER'S NO. 3119
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2208
Session of
2020
INTRODUCED BY KEEFER, ROTHMAN, BERNSTINE, ZIMMERMAN, RAPP,
SAYLOR, PYLE, DeLUCA, READSHAW, STRUZZI, GALLOWAY, MOUL,
GROVE AND GILLEN, JANUARY 13, 2020
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 13, 2020
AN ACT
Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in child protective services, further providing for
definitions; and, in juvenile matters, further providing for
definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6303(b.1) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6303. Definitions.
* * *
(b.1) Child abuse.--The term "child abuse" shall mean
intentionally, knowingly or recklessly doing any of the
following:
(1) Causing bodily injury to a child through any recent
act or failure to act.
(2) Fabricating, feigning or intentionally exaggerating
or inducing a medical symptom or disease which results in a
potentially harmful medical evaluation or treatment to the
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child through any recent act.
(3) Causing or substantially contributing to serious
mental injury to a child through any act or failure to act or
a series of such acts or failures to act.
(4) Causing sexual abuse or exploitation of a child
through any act or failure to act.
(5) Creating a reasonable likelihood of bodily injury to
a child through any recent act or failure to act.
(6) Creating a likelihood of sexual abuse or
exploitation of a child through any recent act or failure to
act.
(7) Causing serious physical neglect of a child.
(8) Engaging in any of the following recent acts:
(i) Kicking, biting, throwing, burning, stabbing or
cutting a child in a manner that endangers the child.
(ii) Unreasonably restraining or confining a child,
based on consideration of the method, location or the
duration of the restraint or confinement.
(iii) Forcefully shaking a child under one year of
age.
(iv) Forcefully slapping or otherwise striking a
child under one year of age.
(v) Interfering with the breathing of a child.
(vi) Causing a child to be present at a location
while a violation of 18 Pa.C.S. § 7508.2 (relating to
operation of methamphetamine laboratory) is occurring,
provided that the violation is being investigated by law
enforcement.
(vii) Leaving a child unsupervised with an
individual, other than the child's parent, who the actor
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knows or reasonably should have known:
(A) Is required to register as a Tier II or Tier
III sexual offender under 42 Pa.C.S. Ch. 97 Subch. H
(relating to registration of sexual offenders), where
the victim of the sexual offense was under 18 years
of age when the crime was committed.
(B) Has been determined to be a sexually violent
predator under 42 Pa.C.S. § 9799.24 (relating to
assessments) or any of its predecessors.
(C) Has been determined to be a sexually violent
delinquent child as defined in 42 Pa.C.S. § 9799.12
(relating to definitions).
(D) Has been determined to be a sexually violent
predator under 42 Pa.C.S. § 9799.58 (relating to
assessments) or has to register for life under 42
Pa.C.S. § 9799.55(b) (relating to registration).
(9) Causing the death of the child through any act or
failure to act.
(10) Engaging a child in a severe form of trafficking in
persons or sex trafficking, as those terms are defined under
section 103 of the Trafficking Victims Protection Act of 2000
(114 Stat. 1466, 22 U.S.C. § 7102).
(11) Causing a child to be born with fetal alcohol
spectrum disorder or to test positive at birth for a
controlled substance for which the biological mother did not,
during the pregnancy, have a valid prescription or a
certification under section 403 of the act of April 17, 2016
(P.L.84, No.16), known as the Medical Marijuana Act.
* * *
Section 2. The definition of "dependent child" in section
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6302 of Title 42 is amended to read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Dependent child." A child who:
(1) is without proper parental care or control,
subsistence, education as required by law, or other care or
control necessary for his physical, mental, or emotional
health, or morals. A determination that there is a lack of
proper parental care or control may be based upon evidence of
conduct by the parent, guardian or other custodian that
places the health, safety or welfare of the child at risk,
including evidence of the parent's, guardian's or other
custodian's use of alcohol or a controlled substance that
places the health, safety or welfare of the child at risk;
(2) has been placed for care or adoption in violation of
law;
(3) has been abandoned by his parents, guardian, or
other custodian;
(4) is without a parent, guardian, or legal custodian;
(5) while subject to compulsory school attendance is
habitually and without justification truant from school;
(6) has committed a specific act or acts of habitual
disobedience of the reasonable and lawful commands of his
parent, guardian or other custodian and who is ungovernable
and found to be in need of care, treatment or supervision;
(7) has committed a delinquent act or crime, other than
a summary offense, while under the age of ten years;
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(8) has been formerly adjudicated dependent, and is
under the jurisdiction of the court, subject to its
conditions or placements and who commits an act which is
defined as ungovernable in paragraph (6);
(9) has been referred pursuant to section 6323 (relating
to informal adjustment), and who commits an act which is
defined as ungovernable in paragraph (6); [or]
(10) is born to a parent whose parental rights with
regard to another child have been involuntarily terminated
under 23 Pa.C.S. § 2511 (relating to grounds for involuntary
termination) within three years immediately preceding the
date of birth of the child and conduct of the parent poses a
risk to the health, safety or welfare of the child[.]; or
(11) is born with fetal alcohol spectrum disorder or
tests positive at birth for a controlled substance for which
the biological mother did not, during the pregnancy, have a
valid prescription or a certification under section 403 of
the act of April 17, 2016 (P.L.84, No.16), known as the
Medical Marijuana Act.
* * *
Section 3. This act shall take effect in 60 days.
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