PRINTER'S NO. 1788
No. 1489 Session of 1999
INTRODUCED BY BISHOP, PISTELLA, FRANKEL, PESCI, LAUGHLIN,
NICKOL, E. Z. TAYLOR, ROONEY, HALUSKA, HORSEY, STERN,
L. I. COHEN, DAILEY, ROBINSON, MELIO, M. COHEN, BELFANTI,
HARHAI, SCRIMENTI, LEDERER, DeLUCA, MANDERINO, THOMAS,
YOUNGBLOOD AND RAMOS, MAY 11, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MAY 11, 1999
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, providing for emergency
3 guardians for minors.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 20 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 5117. Emergency guardian.
9 (a) Authority.--The court, upon petition and a hearing, may
10 appoint an emergency guardian of the person of a minor if it is
11 proven by clear and convincing evidence that:
12 (1) it is not possible to locate the parent or guardian
13 of the minor; and
14 (2) failure to make the appointment will result in
15 irreparable harm to the person of the minor.
16 (b) Status.--An emergency guardian appointed under
17 subsection (a) shall:
1 (1) Have the powers and duties that the court directs.
2 (2) Be subject to such liability as the court directs.
3 (3) Serve for 60 days. If, during the 60 days, an action
4 is initiated under 23 Pa.C.S. § 2512 (relating to petition
5 for involuntary termination), the emergency guardian shall
6 serve until the completion of the action.
7 Section 2. This act shall take effect in 60 days.
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