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Pennsylvania House of Representatives
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House of Representatives
Session of 2023 - 2024 Regular Session


Posted: December 2, 2022 10:16 AM
From: Representative Milou Mackenzie
To: All House members
Subject: Closing Loophole in Child Protective Services Law
In the near future, I intend to re-introduce legislation to close a legal loophole in the definition of “child abuse.”
Currently, causing a child to be present where methamphetamine is being produced is specifically identified as a form of child abuse. This is because, in addition to the dangers generally inherent in children being around drugs and serious criminal activity, the nature of the process makes meth houses themselves extremely dangerous. However, while causing a child to be present is categorically “child abuse,” actually producing meth with a child present or allowing a child to remain where it is being produced is not. This is likely a simple drafting oversight, but I recently learned that in at least one case, it resulted in a finding of abuse being overturned.
I invite your support of legislation to prevent this nonsensical result in the future.

Previous Co-Sponsors:  R Mackenzie, Boback, Millard, Pickett, Rothman, Ryan, Smith, Hill-Evans, and Rozzi

Introduced as HB310