PRINTER'S NO. 1315
No. 1157 Session of 1991
INTRODUCED BY BISHOP, VROON, KOSINSKI, HECKLER, PISTELLA,
KRUSZEWSKI, BUNT, FOX, NOYE, RICHARDSON, SAURMAN, THOMAS,
COLAFELLA, STEELMAN AND LINTON, APRIL 16, 1991
REFERRED TO COMMITTEE ON AGING AND YOUTH, APRIL 16, 1991
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further defining
3 "dependent child"; and further providing for investigations
4 on juvenile matters and for disposition of dependent
5 children.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The definition of "dependent child" in section
9 6302 of Title 42 of the Pennsylvania Consolidated Statutes is
10 amended to read:
11 § 6302. Definitions.
12 The following words and phrases when used in this chapter
13 shall have, unless the context clearly indicates otherwise, the
14 meanings given to them in this section:
15 * * *
16 "Dependent child." A child who:
17 (1) is without proper parental care or control,
18 subsistence, education as required by law, or other care or
19 control necessary for his physical, mental, or emotional
1 health, or morals;
2 (2) has been placed for care or adoption in violation of
3 law;
4 (3) has been abandoned by his parents, guardian, or
5 other custodian;
6 (4) is without a parent, guardian, or legal custodian;
7 (5) while subject to compulsory school attendance is
8 habitually and without justification truant from school;
9 (6) has committed a specific act or acts of habitual
10 disobedience of the reasonable and lawful commands of his
11 parent, guardian or other custodian and who is ungovernable
12 and found to be in need of care, treatment or supervision;
13 (7) is under the age of ten years and has committed a
14 delinquent act;
15 (8) has been formerly adjudicated dependent, and is
16 under the jurisdiction of the court, subject to its
17 conditions or placements and who commits an act which is
18 defined as ungovernable in paragraph (6); [or]
19 (9) has been referred pursuant to section 6323 (relating
20 to informal adjustment), and who commits an act which is
21 defined as ungovernable in paragraph (6); or
22 (10) has a chemical dependency and is under 18 years of
23 age.
24 * * *
25 Section 2. Section 6339(b) of Title 42 is amended to read:
26 § 6339. Investigation and report.
27 * * *
28 (b) Physical and mental examinations and treatment.--During
29 the pendency of any proceeding the court may order the child to
30 be examined at a suitable place by a physician or psychologist
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1 and may also order medical or surgical treatment of a child who
2 is suffering from a serious physical condition or illness which
3 in the opinion of a licensed physician requires prompt
4 treatment, even if the parent, guardian, or other custodian has
5 not been given notice of a hearing, is not available, or without
6 good cause informs the court of his refusal to consent to the
7 treatment. During the pendency of a proceeding arising under
8 paragraph (10) of the definition of "dependent child" in section
9 6302 (relating to definitions), the court shall order that the
10 child's condition be assessed by two physicians.
11 Section 3. Section 6351(a) of Title 42 is amended by adding
12 a paragraph to read:
13 § 6351. Disposition of dependent child.
14 (a) General rule.--If the child is found to be a dependent
15 child the court may make any of the following orders of
16 disposition best suited to the protection and physical, mental,
17 and moral welfare of the child:
18 * * *
19 (2.1) Order a child under 18 years of age to undergo
20 treatment for chemical dependency. An order under this
21 paragraph must be supported by the physicians' assessment
22 under section 6339(b) (relating to investigation and report).
23 * * *
24 Section 4. This act shall apply to orders made on or after
25 the effective date of this act, regardless of the date of
26 initiation of the action under 42 Pa.C.S. § 6334.
27 Section 5. This act shall take effect in 60 days.
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