A05884
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1867
Session of
2020
INTRODUCED BY BOBACK, T. DAVIS, DONATUCCI, ULLMAN, MURT,
YOUNGBLOOD, CIRESI, PICKETT, HELM, STRUZZI, HOWARD AND
ROEBUCK, MARCH 2, 2020
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 2, 2020
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in offenses against the family,
providing for the offense of unregulated transfer of custody
of a child.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 4307. Unregulated transfer of custody of a child.
(a) General rule.--Except as provided in this section, a
person commits a misdemeanor of the second degree if the person:
(1) knowingly conducts an unregulated custody transfer
of an adopted child; or
(2) facilitates or participates in an unregulated
custody transfer by recruiting, enticing, soliciting,
harboring, transporting, providing, obtaining or maintaining
an adopted child if the person knows or recklessly disregards
the fact that the adopted child will be subject to an
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unregulated custody transfer.
(b) Nonapplicability.--This section does not apply to:
(1) placement of a child in accordance with the
requirements of Article VII(d) of the act of June 13, 1967
(P.L.31, No.21), known as the Human Services Code; or
(2) activity undertaken in conjunction with or under the
supervision of a public or private entity that provides
adoption services and is licensed, supervised or regulated by
the Department of Human Services . ; or
(3) placement of a child with an adult who has a
significant, positive relationship with the child or the
child's family and with whom the child is known or reasonably
believed to be safe, if:
(i) the placement is for a designated period of time
or for the duration of a specified event; and
(ii) the placement is due to a vacation, an
educational function or activity or the incarceration,
military service, medical treatment or temporary
incapacity of the parent or guardian of the child.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Adopted child." An individual who is under 18 years of age
and is the subject of an adoption decree that is valid under the
laws of this Commonwealth or another state or foreign or
international law.
"Unregulated custody transfer." A transaction by an adoptive
parent or other individual having legal custody of an adopted
child, undertaken without court approval and with the intent to
abdicate abandon or permanently avoid parental responsibility
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for the child.
Section 2. This act shall take effect in 60 days.
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