PRINTER'S NO. 270
No. 253 Session of 1985
INTRODUCED BY LEVIN, PRATT, BLAUM, SWEET, KOSINSKI, MOEHLMANN,
McVERRY, HAGARTY, REBER, FOX AND JOSEPHS, FEBRUARY 11, 1985
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 11, 1985
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, adding provisions relating to domestic
3 relations; making conforming amendments to Title 42; and
4 repealing certain acts and parts of acts supplied by the act
5 or otherwise obsolete.
6 TABLE OF CONTENTS
7 TITLE 23
8 DOMESTIC RELATIONS
9 PART I. GENERAL PROVISIONS
10 Chapter 1. Preliminary Provisions
11 § 101. Short title of title.
12 § 102. Definitions.
13 PART II. MARRIAGE
14 Chapter 11. Preliminary Provisions
15 § 1101. Short title of part.
16 § 1102. Definitions.
17 § 1103. Common law marriage.
18 § 1104. Forms.
19 § 1105. Fees.
1 § 1106. Records and statistics.
2 Chapter 13. Marriage License
3 § 1301. Marriage license required.
4 § 1302. Application for license.
5 § 1303. Waiting period after application.
6 § 1304. Restrictions on issuance of license.
7 § 1305. Examination and tests for syphilis.
8 § 1306. Oral examination.
9 § 1307. Issuance of license.
10 § 1308. Judicial review of refusal to issue license.
11 § 1309. Filing applications and consent certificates.
12 § 1310. Duration and form of license.
13 Chapter 15. Marriage Ceremony
14 § 1501. Form of marriage certificates.
15 § 1502. Forms where parties perform ceremony.
16 § 1503. Persons qualified to solemnize marriages.
17 § 1504. Returns of marriages.
18 Chapter 17. Miscellaneous Provisions Relating to Marriage
19 § 1701. Decree that spouse of applicant is presumed decedent.
20 § 1702. Marriage during existence of former marriage.
21 § 1703. Marriage within degree of consanguinity.
22 Chapter 19. Abolition of Actions for Alienation of Affections
23 and Breach of Promise to Marry
24 § 1901. Actions for alienation of affections abolished.
25 § 1902. Actions for breach of promise to marry abolished.
26 § 1903. Purpose of chapter.
27 § 1904. Filing or threatening to file actions prohibited.
28 § 1905. Instruments executed in satisfaction of abolished
29 claims prohibited.
30 PART III. ADOPTION
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1 Chapter 25. Proceedings Prior to Petition to Adopt
2 Subchapter E. Pennsylvania Adoption Cooperative Exchange
3 § 2551. Definitions.
4 § 2552. Pennsylvania Adoption Cooperative Exchange.
5 § 2553. Registration of children.
6 § 2554. Responsibilities of PACE.
7 § 2555. Responsibilities of public and private agencies.
8 § 2556. Related activities of agencies unaffected.
9 § 2557. Regulations and staff.
10 § 2558. Retroactive application of subchapter.
11 PART IV. DIVORCE
12 Chapter 31. Preliminary Provisions
13 § 3101. Short title of part.
14 § 3102. Legislative findings and intent.
15 § 3103. Definitions.
16 § 3104. Bases of jurisdiction.
17 Chapter 33. Dissolution of Marital Status
18 Subchapter A. General Provisions
19 § 3301. Grounds for divorce.
20 § 3302. Counseling.
21 § 3303. Annulment of void and voidable marriages.
22 § 3304. Grounds for annulment of void marriages.
23 § 3305. Grounds for annulment of voidable marriages.
24 § 3306. Proceedings to determine marital status.
25 § 3307. Defenses.
26 § 3308. Action where defendant suffering from mental disorder.
27 § 3309. General appearance and collusion.
28 Subchapter B. Procedure
29 § 3321. Hearing by master.
30 § 3322. Jury trial.
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1 § 3323. Decree of court.
2 Subchapter C. Attacks Upon Decrees
3 § 3331. Limitations on attacks upon decrees.
4 § 3332. Opening or vacating decrees.
5 § 3333. Res judicata and estoppel.
6 Chapter 35. Property Rights
7 § 3501. Definition.
8 § 3502. Equitable division of marital property.
9 § 3503. Effect of divorce on property rights generally.
10 § 3504. Disposition of property after termination of marriage.
11 § 3505. Disposition of property to defeat obligations.
12 § 3506. Statement of reasons for distribution.
13 § 3507. Division of entireties property between divorced
14 persons.
15 § 3508. Conveyance of entireties property to divorced spouse.
16 Chapter 37. Alimony and Support
17 § 3701. Alimony.
18 § 3702. Alimony pendente lite, counsel fees and expenses.
19 § 3703. Enforcement of arrearages.
20 § 3704. Payment of support, alimony and alimony pendente lite.
21 § 3705. Alimony in case of foreign ex parte divorce or
22 annulment.
23 § 3706. Enforcement of foreign decrees.
24 § 3707. Bar to alimony.
25 PART VI. CHILDREN AND MINORS
26 Chapter 51. General Provisions
27 § 5101. Attainment of full age.
28 § 5102. Children declared to be legitimate.
29 § 5103. Acknowledgment and claim of paternity.
30 § 5104. Blood tests to determine paternity.
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1 Chapter 53. Custody
2 Subchapter A. General Provisions
3 § 5301. Declaration of policy.
4 § 5302. Definitions.
5 § 5303. Award of sole custody.
6 § 5304. Award of shared custody.
7 § 5305. Counseling.
8 § 5306. Plan for implementation of custody order.
9 § 5307. Denial of custody under agreement or plan.
10 § 5308. Removal of party or child from jurisdiction.
11 § 5309. Access to records and information.
12 § 5310. Modification of existing custody orders.
13 § 5311. Visitation rights of grandparents.
14 Subchapter B. Child Custody Jurisdiction
15 § 5341. Short title of subchapter.
16 § 5342. Purposes and construction of subchapter.
17 § 5343. Definitions.
18 § 5344. Jurisdiction.
19 § 5345. Notice and opportunity to be heard.
20 § 5346. Notice to persons outside this Commonwealth; submission
21 to jurisdiction.
22 § 5347. Simultaneous proceedings in other states.
23 § 5348. Inconvenient forum.
24 § 5349. Jurisdiction declined by reason of conduct.
25 § 5350. Information under oath to be submitted to the court.
26 § 5351. Additional parties.
27 § 5352. Appearance of parties and the child.
28 § 5353. Binding force and res judicata effect of custody
29 decree.
30 § 5354. Recognition of out-of-state custody decrees.
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1 § 5355. Modification of custody decree of another state.
2 § 5356. Filing and enforcement of custody decree of another
3 state.
4 § 5357. Registry of out-of-state custody decrees and
5 proceedings.
6 § 5358. Certified copies of custody decree.
7 § 5359. Taking testimony in another state.
8 § 5360. Hearings and studies in another state; orders to
9 appear.
10 § 5361. Assistance to courts of other states.
11 § 5362. Preservation of documents for use in other states.
12 § 5363. Request for court records of another state.
13 § 5364. Intrastate application.
14 § 5365. International application.
15 § 5366. Priority.
16 Chapter 55. Liability for Tortious Acts of Children
17 § 5501. Definitions.
18 § 5502. Liability of parents.
19 § 5503. Establishing liability in criminal or juvenile
20 proceedings.
21 § 5504. Establishing liability in civil proceedings.
22 § 5505. Monetary limits of liability.
23 § 5506. Double recovery for same injury prohibited.
24 § 5507. Indemnity or contribution from child prohibited.
25 § 5508. Liability of parent not having custody or control of
26 child.
27 § 5509. Other liability of parent or child unaffected.
28 PART VII. ABUSE OF FAMILY
29 Chapter 61. Protection From Abuse
30 § 6101. Short title of chapter.
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1 § 6102. Definitions.
2 § 6103. Effect of departure to avoid abuse.
3 § 6104. Commencement of proceedings.
4 § 6105. Hearings.
5 § 6106. Relief.
6 § 6107. Service of orders.
7 § 6108. Emergency relief by minor judiciary.
8 § 6109. Arrest for violation of order.
9 § 6110. Contempt for violation of order or agreement.
10 § 6111. Procedure and other remedies.
11 Chapter 63. Child Protective Services
12 Subchapter A. Preliminary Provisions
13 § 6301. Short title of chapter.
14 § 6302. Finding and purpose of chapter.
15 § 6303. Definitions.
16 Subchapter B. Reporting Suspected Child Abuse
17 § 6311. Persons required to report suspected child abuse.
18 § 6312. Persons permitted to report suspected child abuse.
19 § 6313. Reporting procedure.
20 § 6314. Photographs and X-rays of child subject to report.
21 § 6315. Taking child into protective custody.
22 § 6316. Admission to private and public hospitals.
23 § 6317. Reporting and postmortem investigation of deaths.
24 § 6318. Immunity from liability.
25 § 6319. Penalties for failure to report.
26 Subchapter C. Powers and Duties of Department
27 § 6331. Establishment of pending complaint file and Statewide
28 central register.
29 § 6332. Establishment of Statewide toll-free telephone number.
30 § 6333. Continuous availability of department.
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1 § 6334. Disposition of complaints received.
2 § 6335. Information in pending complaint file.
3 § 6336. Information in Statewide central register.
4 § 6337. Disposition of unfounded reports.
5 § 6338. Disposition of founded and indicated reports.
6 § 6339. Confidentiality of reports.
7 § 6340. Release of information in confidential reports.
8 § 6341. Amendment, sealing or expungement of information.
9 § 6342. Studies of data in records.
10 § 6343. Investigating performance of child protective service.
11 § 6344. Investigating prospective employees of child care
12 programs.
13 § 6345. Audits by Attorney General.
14 § 6346. Cooperation of other agencies.
15 § 6347. Annual reports to Governor and General Assembly.
16 § 6348. Regulations.
17 § 6349. Penalties.
18 Subchapter D. Organization and Responsibilities of Child
19 Protective Service
20 § 6361. Organization of child protective service.
21 § 6362. Responsibilities of child protective service.
22 § 6363. Local plan for child protective services.
23 § 6364. Purchasing services of other agencies.
24 § 6365. Services for prevention and treatment of child abuse.
25 § 6366. Continuous availability to receive reports.
26 § 6367. Reports to department and coroner.
27 § 6368. Investigation of reports.
28 § 6369. Taking child into protective custody.
29 § 6370. Services for protection of child at home or in custody.
30 § 6371. Rehabilitative services for child and family.
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1 § 6372. Protecting well-being of children detained outside home.
2 Subchapter E. Miscellaneous Provisions
3 § 6381. Evidence in court proceedings.
4 § 6382. Guardian ad litem for child in court proceedings.
5 § 6383. Education and training.
6 § 6384. Legislative oversight.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Part IX of Title 23 of the Pennsylvania
10 Consolidated Statutes is repealed.
11 Section 2. Title 23 is amended by adding parts and a
12 subchapter to read:
13 TITLE 23
14 DOMESTIC RELATIONS
15 Part
16 I. General Provisions
17 II. Marriage
18 III. Adoption
19 IV. Divorce
20 VI. Children and Minors
21 VII. Abuse of Family
22 PART I
23 GENERAL PROVISIONS
24 Chapter
25 1. Preliminary Provisions
26 CHAPTER 1
27 PRELIMINARY PROVISIONS
28 Sec.
29 101. Short title of title.
30 102. Definitions.
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1 § 101. Short title of title.
2 This title shall be known and may be cited as the Domestic
3 Relations Code.
4 § 102. Definitions.
5 (a) General rule.--Subject to additional definitions
6 contained in subsequent provisions of this title which are
7 applicable to specific provisions of this title, the following
8 words and phrases when used in this title shall have the
9 meanings given to them in this subsection unless the context
10 clearly indicates otherwise:
11 "Clerk of court" or "clerk." The personnel of the office of
12 the prothonotary or clerk of the division of the court having
13 jurisdiction over the matter.
14 "Court." The court or district justice having jurisdiction
15 over the matter under Title 42 (relating to judiciary and
16 judicial procedure) exercised as provided in Title 42 or as
17 otherwise provided or prescribed by law.
18 (b) Title 42 definitions.--Subject to additional definitions
19 contained in subsequent provisions of this title which are
20 applicable to specific provisions of this title, words and
21 phrases not defined in subsection (a) which are defined in 42
22 Pa.C.S. § 102 (relating to definitions) when used in this title
23 shall have the meanings given to them in Title 42 unless the
24 context clearly indicates otherwise.
25 PART II
26 MARRIAGE
27 Chapter
28 11. Preliminary Provisions
29 13. Marriage License
30 15. Marriage Ceremony
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1 17. Miscellaneous Provisions Relating to Marriage
2 19. Abolition of Actions for Alienation of Affections and
3 Breach of Promise to Marry
4 CHAPTER 11
5 PRELIMINARY PROVISIONS
6 Sec.
7 1101. Short title of part.
8 1102. Definitions.
9 1103. Common law marriage.
10 1104. Forms.
11 1105. Fees.
12 1106. Records and statistics.
13 § 1101. Short title of part.
14 This part shall be known and may be cited as the Marriage
15 Law.
16 § 1102. Definitions.
17 The following words and phrases when used in this part shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Department." The Department of Health of the Commonwealth.
21 "Marriage license" or "license." A license to marry issued
22 under this part.
23 § 1103. Common law marriage.
24 This part shall not be construed to change the existing law
25 with regard to common law marriage.
26 § 1104. Forms.
27 Marriage license applications, consent certificates, marriage
28 licenses and other necessary forms shall be supplied at the
29 expense of the county and shall be uniform throughout this
30 Commonwealth as prescribed by the department. Statements of
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1 physicians and laboratories relative to examinations for
2 syphilis shall be prepared and furnished by the department.
3 § 1105. Fees.
4 (a) General rule.--The fee to be charged for issuing a
5 marriage license or declaration and for returns thereof to the
6 department shall be $3 of which $2.50 shall be retained by the
7 county wherein the license is issued and 50¢ shall be remitted
8 to the Commonwealth.
9 (b) Transmitting Commonwealth moneys.--All moneys collected
10 under this section for the Commonwealth shall be transmitted to
11 the State Treasurer no later than the tenth day of the following
12 month.
13 § 1106. Records and statistics.
14 (a) Filing transcript or record.--The county shall furnish
15 the department, not later than the 15th day of each month, with
16 a transcript or record of each marriage license issued and each
17 return of the celebration of a marriage received or filed during
18 the preceding calendar month.
19 (b) Forms.--The transcripts or records required to be
20 furnished shall be made on forms prepared and furnished by the
21 department and shall contain such information as the department
22 may require.
23 (c) Confidentiality.--The records furnished to the
24 department under this section shall not be open to public
25 inspection except as authorized by the regulations of the
26 Advisory Health Board.
27 (d) Statistics.--The department shall from time to time
28 compile and publish statistics derived from records furnished
29 under this section.
30 CHAPTER 13
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1 MARRIAGE LICENSE
2 Sec.
3 1301. Marriage license required.
4 1302. Application for license.
5 1303. Waiting period after application.
6 1304. Restrictions on issuance of license.
7 1305. Examination and tests for syphilis.
8 1306. Oral examination.
9 1307. Issuance of license.
10 1308. Judicial review of refusal to issue license.
11 1309. Filing applications and consent certificates.
12 1310. Duration and form of license.
13 § 1301. Marriage license required.
14 (a) General rule.--No person shall be joined in marriage in
15 this Commonwealth until a marriage license has been obtained.
16 (b) Place of marriage ceremony.--A license issued under this
17 part shall authorize a marriage ceremony to be performed in any
18 county of this Commonwealth.
19 (c) Identity of applicants.--Prior to issuance of the
20 license, the person issuing the license must be satisfied as to
21 the identity of both of the applicants.
22 § 1302. Application for license.
23 (a) General rule.--No marriage license shall be issued
24 except upon written and verified application made by both of the
25 parties intending to marry.
26 (b) Contents.--The application shall contain the following:
27 (1) The full name of the applicants.
28 (2) The race, occupation, birthplace, residence and age
29 of the applicants.
30 (3) Whether the marriage contemplated is the first,
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1 second or other marriage of an applicant.
2 (4) A statement that neither of the applicants is
3 afflicted with transmissible disease.
4 (5) The full name, residence, race, occupation and
5 birthplace of the parents of each applicant, including the
6 maiden name of the mother of each applicant.
7 (6) Any other facts necessary to determine whether a
8 legal impediment to the proposed marriage exists.
9 § 1303. Waiting period after application.
10 (a) General rule.--No marriage license shall be issued prior
11 to the third day following the making of application therefor.
12 (b) Exception.--In case of emergency or extraordinary
13 circumstances, the court may authorize a license to be issued at
14 any time after the making of the application.
15 § 1304. Restrictions on issuance of license.
16 (a) Examinations and tests for syphilis.--No marriage
17 license shall be issued until there has been compliance with
18 section 1305 (relating to examination and tests for syphilis).
19 (b) Minors.--
20 (1) No marriage license may be issued if either of the
21 applicants for a license is under 16 years of age unless the
22 court decides that it is to the best interest of the
23 applicant and authorizes the issuance of the license.
24 (2) No marriage license may be issued if either of the
25 applicants is under 18 years of age unless the consent of a
26 parent or guardian of the applicant is personally given
27 before the person issuing the license or is certified under
28 the hand of a parent or guardian attested by two adult
29 witnesses and, in the latter case, the signature of the
30 parent or guardian is acknowledged before an officer
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1 authorized by law to take acknowledgments. When the minor has
2 no guardian and a judge of the court is absent or not
3 accessible for any reason, the office issuing the license may
4 appoint a guardian pro hac vice for the minor.
5 (c) Incompetent persons.--No marriage license may be issued
6 if either of the applicants for a license is weak-minded,
7 insane, of unsound mind or is under guardianship as a person of
8 unsound mind unless the court decides that it is for the best
9 interest of the applicant and the general public to issue the
10 license and authorizes the issuance of the license.
11 (d) Persons under influence of alcohol or drugs.--No
12 marriage license may be issued if, at the time of making
13 application, either of the applicants is under the influence of
14 alcohol or drugs.
15 (e) Marriage to relatives.--No marriage license may be
16 issued to applicants within the prohibited degrees of
17 consanguinity which are as follows:
18 A man may not marry his mother.
19 A man may not marry the sister of his father.
20 A man may not marry the sister of his mother.
21 A man may not marry his sister.
22 A man may not marry his daughter.
23 A man may not marry the daughter of his son or daughter.
24 A woman may not marry her father.
25 A woman may not marry the brother of her father.
26 A woman may not marry the brother of her mother.
27 A woman may not marry her brother.
28 A woman may not marry her son.
29 A woman may not marry the son of her son or daughter.
30 § 1305. Examination and tests for syphilis.
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1 (a) General rule.--No marriage license may be issued until
2 there has been filed a statement or statements, signed by a
3 licensed physician of this Commonwealth or of any other state or
4 territory, a commissioned medical officer in the armed forces of
5 the United States or a physician of the Public Health Service of
6 the Federal Government, that each applicant within 30 days of
7 the issuance of the marriage license has submitted to an
8 examination to determine the existence or nonexistence of
9 syphilis, which examination has included a standard serological
10 test or tests for syphilis, and that, in the opinion of the
11 examining physician, the applicant is not infected with syphilis
12 or, if so infected, is not in a stage of that disease which is
13 likely to become communicable. The statement of the physician
14 shall be accompanied by a statement from the person in charge of
15 the laboratory making the test or from some other person
16 authorized to make the statement setting forth the name of the
17 test, the date the test was made, the exact name and address of
18 the physician to whom a report was sent and the exact name and
19 address of the person whose blood was tested and any other facts
20 the department deems necessary to determine whether the
21 applicant is infected with syphilis in a stage of that disease
22 likely to become communicable. The statement from the laboratory
23 shall not set forth the result of the test.
24 (b) Authorization and payment.--For the purpose of this
25 section, a standard serological test for syphilis shall be a
26 test approved by the department and shall be made at a
27 laboratory approved by the department to make such tests.
28 Laboratory tests required to be made by this section shall, upon
29 request of the physician submitting the sample and certification
30 of the physician that the applicant is unable to pay, be made
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1 without charge by the department.
2 (c) Administrative review of denial of statement.--Any
3 applicant for a marriage license having been denied a
4 physician's statement as required by this section shall have the
5 right of appeal to the department for a review of the case and
6 the department shall, after appropriate investigation, issue or
7 refuse to issue a statement in lieu of the physician's statement
8 required by subsection (a).
9 (d) Forms and confidentiality.--The statements of the
10 physician who examined the applicant and the laboratory which
11 made the serological test shall be uniform throughout this
12 Commonwealth and shall be upon forms provided by the department.
13 These forms shall be filed separately from the applications for
14 marriage licenses and shall be regarded as absolutely
15 confidential by every person whose duty it may be to obtain,
16 make, transmit or receive the information or report.
17 § 1306. Oral examination.
18 Each of the applicants for a marriage license shall appear in
19 person and shall be examined under oath or affirmation as to:
20 (1) The legality of the contemplated marriage.
21 (2) Any prior marriage or marriages and its or their
22 dissolution.
23 (3) The restrictions set forth in section 1304 (relating
24 to restrictions on issuance of license).
25 (4) All the information required to be furnished on the
26 application for license as prepared and approved by the
27 department.
28 § 1307. Issuance of license.
29 The marriage license shall be issued if it appears from
30 properly completed applications on behalf of each of the parties
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1 to the proposed marriage that there is no legal objection to the
2 marriage. Except as provided by section 1303(b) (relating to
3 waiting period after application), the license shall not be
4 issued prior to the third day following the date of the most
5 recent of the two applications therefor.
6 § 1308. Judicial review of refusal to issue license.
7 (a) Certifying proceedings to court.--If the issuance of a
8 marriage license is refused, upon request of the applicants, the
9 proceedings shall immediately be certified to the court without
10 formality or expense to the applicants.
11 (b) Prompt hearing.--The application for a marriage license
12 shall be heard by a judge of the court, without a jury, in court
13 or in chambers at the earliest possible time.
14 § 1309. Filing applications and consent certificates.
15 The applications for marriage licenses and consent
16 certificates shall be immediately filed and docketed as public
17 records.
18 § 1310. Duration and form of license.
19 The marriage license shall not be valid for a longer period
20 than 60 days from the date of issue and shall be in
21 substantially the following form:
22 Commonwealth of Pennsylvania
23 ss: No. _____
24 County of (name)
25 To any person authorized by law to solemnize marriage:
26 You are hereby authorized to join together in holy state
27 of matrimony, according to the laws of the Commonwealth of
28 Pennsylvania, (name) and (name).
29 Given under my hand and seal of the Court of Common Pleas
30 of (name), at (city, borough or town), on (date).
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1 Signed ______________________________
2 (Official Title)
3 CHAPTER 15
4 MARRIAGE CEREMONY
5 Sec.
6 1501. Form of marriage certificates.
7 1502. Forms where parties perform ceremony.
8 1503. Persons qualified to solemnize marriages.
9 1504. Returns of marriages.
10 § 1501. Form of marriage certificates.
11 The marriage license shall have appended to it two
12 certificates, numbered to correspond with the license (one
13 marked original and one marked duplicate), which shall be in
14 substantially the following form:
15 I hereby certify that on (date), at (city, borough or
16 town), Pennsylvania, (name) and (name) were by me united in
17 marriage, in accordance with license issued by the Court of
18 Common Pleas of (name) numbered _____.
19 Signed _______________________________
20 (Title of person solemnizing marriage)
21 Address ______________________________
22 § 1502. Forms where parties perform ceremony.
23 (a) Declaration of authorization.--In all cases in which the
24 parties intend to solemnize their marriage by religious ceremony
25 without officiating clergy, the marriage shall not take place
26 until their right so to do is certified in a declaration in
27 substantially the following form:
28 Commonwealth of Pennsylvania
29 ss: No. _____
30 County of (name)
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1 To (name) and (name)
2 Legal evidence having been furnished to me, in accordance
3 with law, this certifies that I am satisfied that there is no
4 legal impediment to you joining yourselves together in
5 marriage.
6 Signed _____________________________
7 (Official Title)
8 (b) Marriage certificates.--In lieu of the certificate set
9 forth in section 1501 (relating to form of marriage
10 certificates) there shall be appended to the declaration two
11 certificates, numbered to correspond to the declaration, in the
12 following form:
13 We hereby certify that on (date), we united ourselves in
14 marriage, at (city, borough or town), County of (name),
15 Pennsylvania, having first obtained from the Court of Common
16 Pleas of (name) a declaration numbered _____ that the court
17 was satisfied that there was no existing legal impediment to
18 our so doing.
19 Signed _____________________________
20 Signed _____________________________
21 We, the undersigned, were present at the solemnization of
22 the marriage of (name) and (name), as set forth in the
23 foregoing certificate.
24 Signed _____________________________
25 Signed _____________________________
26 § 1503. Persons qualified to solemnize marriages.
27 (a) General rule.--The following are authorized to solemnize
28 marriages between persons that produce a marriage license issued
29 under this part:
30 (1) A justice, judge or district justice of this
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1 Commonwealth.
2 (2) A former or retired justice, judge or district
3 justice of this Commonwealth who is serving as a senior judge
4 or senior district justice as provided or prescribed by law.
5 (3) An active or senior judge or full-time magistrate of
6 the District Courts of the United States for the Eastern,
7 Middle or Western Districts of Pennsylvania.
8 (4) An active or senior judge of the United States Court
9 of Appeals for the Third Circuit who is a resident of this
10 Commonwealth.
11 (5) A mayor of any city or borough of this Commonwealth.
12 (6) A minister, priest or rabbi of any regularly
13 established church or congregation.
14 (b) Religious organizations.--Every religious society,
15 religious institution or religious organization in this
16 Commonwealth may join persons together in marriage when at least
17 one of the persons is a member of the society, institution or
18 organization, according to the rules and customs of the society,
19 institution or organization.
20 (c) Marriage license needed to officiate.--No person or
21 religious organization qualified to perform marriages shall
22 officiate at a marriage ceremony without the parties having
23 obtained a marriage license issued under this part.
24 § 1504. Returns of marriages.
25 (a) General rule.--The original marriage certificate shall
26 be signed by the person solemnizing the marriage and given to
27 the parties contracting the marriage. The duplicate certificate
28 shall be signed by the person or by a member of the religious
29 society, institution or organization solemnizing the marriage
30 and returned for recording within ten days to the court which
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1 issued the license.
2 (b) Marriage performed by parties.--If the marriage was
3 solemnized by the parties themselves, the original certificate
4 shall be signed by the parties to the marriage, attested by two
5 witnesses and retained by the parties contracting the marriage.
6 The duplicate certificate shall be signed by the parties to the
7 marriage, attested by the same two witnesses and returned for
8 recording within ten days to the court issuing the license.
9 CHAPTER 17
10 MISCELLANEOUS PROVISIONS RELATING TO MARRIAGE
11 Sec.
12 1701. Decree that spouse of applicant is presumed decedent.
13 1702. Marriage during existence of former marriage.
14 1703. Marriage within degree of consanguinity.
15 § 1701. Decree that spouse of applicant is presumed decedent.
16 (a) Finding of death.--When the spouse of an applicant for a
17 marriage license has disappeared or is absent from the place of
18 residence of the spouse without being heard of after diligent
19 inquiry, the court, aided by the report of a master if
20 necessary, upon petition of the applicant for a marriage
21 license, may make a finding and decree that the absentee is dead
22 and the date of death if notice to the absentee has been given
23 as provided in subsection (d) and either of the applicants is
24 and for one year or more prior to the application has been a
25 resident of this Commonwealth.
26 (b) Presumption from absence.--When the death of the spouse
27 of an applicant for a marriage license is in issue, the
28 unexplained absence from the last known place of residence and
29 the fact that the absentee has been unheard of for seven years
30 may be sufficient ground for finding that the absentee died
19850H0253B0270 - 22 -
1 seven years after the absentee was last heard from.
2 (c) Exposure to specific peril.--The fact that an absentee
3 spouse was exposed to a specific peril of death may be a
4 sufficient ground for finding that the absentee died less than
5 seven years after the absentee was last heard from.
6 (d) Notice to absentee.--The court may require advertisement
7 in any newspapers as the court, according to the circumstances
8 of the case, deems advisable of the fact of the application for
9 the marriage license together with notice that at a specified
10 time and place the court will hear evidence concerning the
11 alleged absence, including the circumstances and duration
12 thereof.
13 (e) Remarriage after decree of presumed death.--Even though
14 the absentee spouse declared to be presumed dead is in fact
15 alive, the remarriage of the spouse who has obtained a license
16 to marry and a decree of presumed death of the former spouse
17 shall be valid for all purposes as though the former marriage
18 had been terminated by divorce and all property of the presumed
19 decedent shall be administered and disposed of as provided by
20 Title 20 (relating to decedents, estates and fiduciaries).
21 § 1702. Marriage during existence of former marriage.
22 (a) General rule.--If a married person, during the lifetime
23 of the other person with whom the marriage is in force, enters
24 into a subsequent marriage pursuant to the requirements of this
25 part and the parties to the marriage live together thereafter as
26 husband and wife, and the subsequent marriage was entered into
27 by one or both of the parties in good faith in the full belief
28 that the former spouse was dead or that the former marriage has
29 been annulled or terminated by a divorce, or without knowledge
30 of the former marriage, they shall, after the impediment to
19850H0253B0270 - 23 -
1 their marriage has been removed by the death of the other party
2 to the former marriage or by annulment or divorce, if they
3 continue to live together as husband and wife in good faith on
4 the part of one of them, be held to have been legally married
5 from and immediately after the date of death or the date of the
6 decree of annulment or divorce.
7 (b) False rumor of death of spouse.--Where a remarriage has
8 occurred upon false rumor of the death of a former spouse in
9 appearance well-founded but there has been no decree of presumed
10 death, the remarriage shall be void and subject to annulment by
11 either party to the remarriage as provided by section 3304
12 (relating to grounds for annulment of void marriages) and the
13 returning spouse shall have cause for divorce as provided in
14 section 3301 (relating to grounds for divorce).
15 (c) Criminal penalties.--Where the remarriage was entered
16 into in good faith, neither party to the remarriage shall be
17 subject to criminal prosecution for bigamy.
18 § 1703. Marriage within degree of consanguinity.
19 All marriages within the prohibited degrees of consanguinity
20 as set forth in this part are voidable but when any of these
21 marriages have not been dissolved during the lifetime of the
22 parties, the unlawfulness of the marriage shall not be inquired
23 into after the death of either of the parties to the marriage.
24 CHAPTER 19
25 ABOLITION OF ACTIONS FOR ALIENATION OF AFFECTIONS
26 AND BREACH OF PROMISE TO MARRY
27 Sec.
28 1901. Actions for alienation of affections abolished.
29 1902. Actions for breach of promise to marry abolished.
30 1903. Purpose of chapter.
19850H0253B0270 - 24 -
1 1904. Filing or threatening to file actions prohibited.
2 1905. Instruments executed in satisfaction of abolished
3 claims prohibited.
4 § 1901. Actions for alienation of affections abolished.
5 (a) General rule.--All civil causes of action for alienation
6 of affections of husband or wife are abolished.
7 (b) Exception.--Subsection (a) does not apply to cases where
8 the defendant is a parent, brother or sister or a person
9 formerly in loco parentis to the spouse of plaintiff.
10 § 1902. Actions for breach of promise to marry abolished.
11 All causes of action for breach of contract to marry are
12 abolished.
13 § 1903. Purpose of chapter.
14 (a) General rule.--No act done within this Commonwealth
15 shall give rise, either within or without this Commonwealth, to
16 a cause of action abolished by this chapter.
17 (b) Contract to marry.--No contract to marry which is made
18 within this Commonwealth shall give rise, either within or
19 without this Commonwealth, to a cause of action for breach of
20 the contract.
21 (c) Intention of section.--It is the intention of this
22 section to fix the effect, status and character of such acts and
23 contracts and to render them ineffective to support or give rise
24 to any such causes of action, either within or without this
25 Commonwealth.
26 § 1904. Filing or threatening to file actions prohibited.
27 It is unlawful for a person, either as litigant or attorney,
28 to file, cause to be filed, threaten to file or threaten to
29 cause to be filed in a court in this Commonwealth any pleading
30 or paper setting forth or seeking to recover upon any cause of
19850H0253B0270 - 25 -
1 action abolished or barred by this chapter whether the cause of
2 action arose within or without this Commonwealth.
3 § 1905. Instruments executed in satisfaction of abolished
4 claims prohibited.
5 (a) Contracts and instruments void.--All contracts and
6 instruments of every kind executed within this Commonwealth in
7 payment, satisfaction, settlement or compromise of any claim or
8 cause of action abolished or barred by this chapter, whether the
9 claim or cause of action arose within or without this
10 Commonwealth, are contrary to the public policy of this
11 Commonwealth and void.
12 (b) Execution and use prohibited.--It is unlawful to cause,
13 induce or procure a person to execute a contract or instrument
14 proscribed by this chapter, or cause, induce or procure a person
15 to give, pay, transfer or deliver any money or thing of value in
16 payment, satisfaction, settlement or compromise of any such
17 claim or cause of action, or to receive, take or accept any such
18 money or thing of value in such payment, satisfaction,
19 settlement or compromise.
20 (c) Actions to enforce prohibited.--It is unlawful to
21 commence or cause to be commenced, either as litigant or
22 attorney, in a court of this Commonwealth any proceeding or
23 action seeking to enforce or recover upon a contract or
24 instrument proscribed by this chapter, knowing it to be such,
25 whether the contract or instrument was executed within or
26 without this Commonwealth.
27 (d) Exceptions.--This section does not apply to the payment,
28 satisfaction, settlement or compromise of any causes of action
29 which are not abolished or barred by this chapter or to the bona
30 fide holder in due course of a negotiable instrument.
19850H0253B0270 - 26 -
1 PART III
2 ADOPTION
3 Chapter
4 25. Proceeding Prior to Petition to Adopt
5 CHAPTER 25
6 PROCEEDING PRIOR TO PETITION TO ADOPT
7 * * *
8 SUBCHAPTER E
9 ADOPTION COOPERATIVE EXCHANGE
10 Sec.
11 2551. Definitions.
12 2552. Pennsylvania Adoption Cooperative Exchange.
13 2553. Registration of children.
14 2554. Responsibilities of PACE.
15 2555. Responsibilities of public and private agencies.
16 2556. Related activities of agencies unaffected.
17 2557. Regulations and staff.
18 2558. Retroactive application of subchapter.
19 § 2551. Definitions.
20 The following words and phrases when used in this subchapter
21 shall have the meanings given to them in this section unless the
22 context clearly indicates otherwise:
23 "Department." The Department of Public Welfare of the
24 Commonwealth.
25 "PACE." The Pennsylvania Adoption Cooperative Exchange.
26 § 2552. Pennsylvania Adoption Cooperative.
27 There shall be a Pennsylvania Adoption Cooperative Exchange
28 in the Office of Children, Youth and Families of the Department
29 of Public Welfare.
30 § 2553. Registration of children.
19850H0253B0270 - 27 -
1 (a) Mandatory registration.--PACE shall register and be
2 responsible for the review and referral of children for whom
3 parental rights have been terminated for 90 days and for whom no
4 report of intention to adopt has been filed in the court of
5 common pleas.
6 (b) Optional registration.--PACE may also register children
7 where restoration to the biological family is neither possible
8 nor appropriate, a petition to terminate parental rights has
9 been filed and adoption is planned pending identification of an
10 adoptive parent or parents. However, information about these
11 children shall not be publicized without prior approval by the
12 department, which shall ensure the anonymity of these children
13 until such time as parental rights are terminated.
14 (c) Children excluded from registration.--A child for whom
15 termination of parental rights is being appealed in a court
16 shall not be registered with PACE as available for adoption.
17 Identifying information of such children shall be forwarded to
18 PACE by the agency, with reference to the specific reason for
19 which the child is not to be placed on the listing service.
20 § 2554. Responsibilities of PACE.
21 PACE shall be responsible for the following:
22 (1) Registration of adoptive parent applicants who have
23 been approved by agencies.
24 (2) Accumulation and dissemination of statistical
25 information regarding all children registered with PACE.
26 (3) Creation and administration of a public information
27 program designed to inform potential adoptive parents of the
28 need for adoptive homes for children registered with PACE.
29 (4) Preparation and distribution of a photographic
30 listing service on children registered with PACE.
19850H0253B0270 - 28 -
1 (5) Preparation of annual reports concerning functions
2 of PACE regarding the children and the prospective parents
3 listed with PACE. The reports shall be submitted annually to
4 the Health and Welfare and Judiciary Committees of the House
5 of Representatives, to the Public Health and Welfare and
6 Judiciary Committees of the Senate and to the Governor.
7 (6) Coordination of its functions with other state,
8 regional and national adoption exchanges.
9 § 2555. Responsibilities of public and private agencies.
10 All public and licensed private child service agencies shall
11 register all children with PACE for whom parental rights have
12 been terminated for 90 days and for whom no report of intention
13 to adopt has been filed in the court of common pleas. A public
14 or licensed private agency may register other children as set
15 forth in section 2553(b) (relating to registration of children).
16 § 2556. Related activities of agencies unaffected.
17 This subchapter shall not be construed to limit or delay
18 actions by agencies or institutions to arrange for adoptions or
19 other related matters on their own initiative and shall not
20 alter or restrict the duties, authority and confidentiality of
21 the agencies and institutions in those matters.
22 § 2557. Regulations and staff.
23 The department shall promulgate necessary regulations and
24 shall hire the staff which is necessary to implement this
25 subchapter.
26 § 2558. Retroactive application of subchapter.
27 This subchapter shall apply retroactively to all children for
28 whom:
29 (1) Parental rights have been terminated and for whom no
30 report of intention to adopt has been filed in the court of
19850H0253B0270 - 29 -
1 common pleas.
2 (2) Restoration to the biological family is neither
3 possible nor appropriate, a petition to terminate parental
4 rights has been filed and adoption is planned pending
5 identification of an adoptive parent or parents.
6 PART IV
7 DIVORCE
8 Chapter
9 31. Preliminary Provisions
10 33. Dissolution of Marital Status
11 35. Property Rights
12 37. Alimony and Support
13 CHAPTER 31
14 PRELIMINARY PROVISIONS
15 Sec.
16 3101. Short title of part.
17 3102. Legislative findings and intent.
18 3103. Definitions.
19 3104. Bases of jurisdiction.
20 § 3101. Short title of part.
21 This part shall be known and may be cited as the Divorce
22 Code.
23 § 3102. Legislative findings and intent.
24 (a) Policy.--The family is the basic unit in society and the
25 protection and preservation of the family is of paramount public
26 concern. Therefore, it is the policy of the Commonwealth to:
27 (1) Make the law for legal dissolution of marriage
28 effective for dealing with the realities of matrimonial
29 experience.
30 (2) Encourage and effect reconciliation and settlement
19850H0253B0270 - 30 -
1 of differences between spouses, especially where children are
2 involved.
3 (3) Give primary consideration to the welfare of the
4 family rather than the vindication of private rights or the
5 punishment of matrimonial wrongs.
6 (4) Mitigate the harm to the spouses and their children
7 caused by the legal dissolution of the marriage.
8 (5) Seek causes rather than symptoms of family
9 disintegration and cooperate with and utilize the resources
10 available to deal with family problems.
11 (6) Effectuate economic justice between parties who are
12 divorced or separated and grant or withhold alimony according
13 to the actual need and ability to pay of the parties and
14 insure a fair and just determination and settlement of their
15 property rights.
16 (b) Construction of part.--The objectives set forth in
17 subsection (a) shall be considered in construing provisions of
18 this part and shall be regarded as expressing the legislative
19 intent.
20 § 3103. Definitions.
21 The following words and phrases when used in this part shall
22 have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Alimony." An order for support granted by this Commonwealth
25 or any other state to a spouse or former spouse in conjunction
26 with a decree granting a divorce or annulment.
27 "Alimony pendente lite." An order for temporary support
28 granted to a spouse during the pendency of a divorce or
29 annulment proceeding.
30 "Divorce." Divorce from the bonds of matrimony.
19850H0253B0270 - 31 -
1 "Grounds for divorce." The grounds enumerated in section
2 3301 (relating to grounds for divorce).
3 "Irretrievable breakdown." Estrangement due to marital
4 difficulties with no reasonable prospect of reconciliation.
5 "Qualified professionals." Includes marriage counselors,
6 psychologists, psychiatrists, social workers, ministers,
7 priests, rabbis or other persons who, by virtue of their
8 training and experience, are able to provide counseling.
9 "Separate and apart." Complete cessation of any and all
10 cohabitation.
11 § 3104. Bases of jurisdiction.
12 (a) Residence and domicile of parties.--No spouse is
13 entitled to commence an action for divorce or annulment under
14 this part unless at least one of the parties has been a bona
15 fide resident in this Commonwealth for at least six months
16 immediately previous to the commencement of the action. Both
17 parties shall be competent witnesses to prove their respective
18 residence and proof of actual residence within this Commonwealth
19 for six months shall create a presumption of domicile within
20 this Commonwealth.
21 (b) Powers of court.--The court has authority to entertain
22 an action under this part notwithstanding the fact that the
23 marriage of the parties and the cause for divorce occurred
24 outside of this Commonwealth and that both parties were at the
25 time of the occurrence domiciled without this Commonwealth. The
26 court also has the power to annul void or voidable marriages
27 celebrated without this Commonwealth at a time when neither
28 party was domiciled within this Commonwealth.
29 CHAPTER 33
30 DISSOLUTION OF MARITAL STATUS
19850H0253B0270 - 32 -
1 Subchapter
2 A. General Provisions
3 B. Procedure
4 C. Attacks Upon Decrees
5 SUBCHAPTER A
6 GENERAL PROVISIONS
7 Sec.
8 3301. Grounds for divorce.
9 3302. Counseling.
10 3303. Annulment of void and voidable marriages.
11 3304. Grounds for annulment of void marriages.
12 3305. Grounds for annulment of voidable marriages.
13 3306. Proceedings to determine marital status.
14 3307. Defenses.
15 3308. Action where defendant suffering from mental disorder.
16 3309. General appearance and collusion.
17 § 3301. Grounds for divorce.
18 (a) Fault.--The court may grant a divorce to the innocent
19 and injured spouse whenever it is judged that the other spouse
20 has:
21 (1) Committed willful and malicious desertion, and
22 absence from the habitation of the injured and innocent
23 spouse, without a reasonable cause, for the period of one or
24 more years.
25 (2) Committed adultery.
26 (3) By cruel and barbarous treatment, endangered the
27 life or health of the injured and innocent spouse.
28 (4) Knowingly entered into a bigamous marriage while a
29 former marriage is still subsisting.
30 (5) Been sentenced to imprisonment for a term of two or
19850H0253B0270 - 33 -
1 more years upon conviction of having committed a crime.
2 (6) Offered such indignities to the innocent and injured
3 spouse as to render that spouse's condition intolerable and
4 life burdensome.
5 (b) Institutionalization.--The court may grant a divorce
6 from a spouse upon the ground that insanity or serious mental
7 disorder has resulted in confinement in a mental institution for
8 at least three years immediately before the commencement of an
9 action under this part and where there is no reasonable prospect
10 that the spouse will be discharged from inpatient care during
11 the three years subsequent to the commencement of the action. A
12 presumption that no prospect of discharge exists shall be
13 established by a certificate of the superintendent of the
14 institution to that effect and which includes a supporting
15 statement of a treating physician.
16 (c) Mutual consent.--The court may grant a divorce where it
17 is alleged that the marriage is irretrievably broken and 90 days
18 have elapsed from the date of commencement of an action under
19 this part and an affidavit has been filed by each of the parties
20 evidencing that each of the parties consents to the divorce.
21 (d) Irretrievable breakdown.--
22 (1) The court may grant a divorce where a party has
23 filed an affidavit alleging that the parties have lived
24 separate and apart for a period of at least three years and
25 that the marriage is irretrievably broken and the defendant
26 either:
27 (i) Does not deny the allegations set forth in the
28 affidavit.
29 (ii) Denies one or more of the allegations set forth
30 in the affidavit but, after notice and hearing, the court
19850H0253B0270 - 34 -
1 determines that the parties have lived separate and apart
2 for a period of at least three years and that the
3 marriage is irretrievably broken.
4 (2) If a hearing has been held pursuant to paragraph
5 (1)(ii) and the court determines that there is a reasonable
6 prospect of reconciliation, then the court shall continue the
7 matter for a period not less than 90 days nor more than 120
8 days unless the parties agree to a period in excess of 120
9 days. During this period, the court shall require counseling
10 as provided in section 3302 (relating to counseling). If the
11 parties have not reconciled at the expiration of the time
12 period and one party states under oath that the marriage is
13 irretrievably broken, the court shall determine whether the
14 marriage is irretrievably broken. If the court determines
15 that the marriage is irretrievably broken, the court shall
16 grant the divorce. Otherwise, the court shall deny the
17 divorce.
18 § 3302. Counseling.
19 (a) Indignities.--Whenever indignities under section
20 3301(a)(6) (relating to grounds for divorce) is the ground for
21 divorce, the court shall require up to a maximum of three
22 counseling sessions where either of the parties requests it.
23 (b) Mutual consent.--Whenever mutual consent under section
24 3301(c) is the ground for divorce, the court shall require up to
25 a maximum of three counseling sessions within the 90 days
26 following the commencement of the action where either of the
27 parties requests it.
28 (c) Irretrievable breakdown.--Whenever the court orders a
29 continuation period as provided for irretrievable breakdown in
30 section 3301(d)(2), the court shall require up to a maximum of
19850H0253B0270 - 35 -
1 three counseling sessions within the time period where either of
2 the parties requests it or may require such counseling where the
3 parties have at least one child under 16 years of age.
4 (d) Notification of availability of counseling.--Whenever
5 section 3301(a)(6), (c) or (d) is the ground for divorce, the
6 court shall, upon the commencement of an action under this part,
7 notify both parties of the availability of counseling and, upon
8 request, provide both parties a list of qualified professionals
9 who provide such services.
10 (e) Choice of qualified professionals unrestricted.--The
11 choice of a qualified professional shall be at the option of the
12 parties and the professional need not be selected from the list
13 provided by the court.
14 (f) Report.--Where the court requires counseling, a report
15 shall be made by the qualified professional stating that the
16 parties did or did not attend.
17 § 3303. Annulment of void and voidable marriages.
18 (a) General rule.--In all cases where a supposed or alleged
19 marriage has been contracted which is void or voidable under
20 this title or under applicable law, either party to the supposed
21 or alleged marriage may bring an action in annulment to have it
22 declared void in accordance with the procedures provided by this
23 part and prescribed by general rules.
24 (b) Common law marriage.--In the case of a purported common
25 law marriage where a party was under 18 years of age, a parent
26 or guardian of the minor may bring a declaratory judgment
27 proceeding during the party's minority to have the marriage
28 declared void.
29 § 3304. Grounds for annulment of void marriages.
30 (a) General rule.--Where there has been no confirmation by
19850H0253B0270 - 36 -
1 cohabitation following the removal of an impediment, the
2 supposed or alleged marriage of a person shall be deemed void in
3 the following cases:
4 (1) Where either party at the time of such marriage had
5 an existing spouse and the former marriage had not been
6 annulled nor had there been a divorce except where that party
7 had obtained a decree of presumed death of the former spouse.
8 (2) Where the parties to such marriage are related
9 within the degrees of consanguinity prohibited by section
10 1304(e) (relating to restrictions on issuance of license).
11 (3) Where either party to such marriage was incapable of
12 consenting by reason of insanity or serious mental disorder
13 or otherwise lacked capacity to consent or did not intend to
14 consent to the marriage.
15 (4) Where either party to a purported common law
16 marriage was under 18 years of age.
17 (b) Procedures.--In all cases of marriages which are void,
18 the marriage may be annulled as set forth in section 3303
19 (relating to annulment of void and voidable marriages) or its
20 invalidity may be declared in any collateral proceeding.
21 § 3305. Grounds for annulment of voidable marriages.
22 (a) General rule.--The marriage of a person shall be deemed
23 voidable and subject to annulment in the following cases:
24 (1) Where either party to the marriage was under 16
25 years of age unless the marriage was expressly authorized by
26 the court.
27 (2) Where either party was 16 or 17 years of age and
28 lacked the consent of parent or guardian or express
29 authorization of the court and has not subsequently ratified
30 the marriage upon reaching 18 years of age and an action for
19850H0253B0270 - 37 -
1 annulment is commenced within 60 days after the marriage
2 ceremony.
3 (3) Where either party to the marriage was under the
4 influence of alcohol or drugs and an action for annulment is
5 commenced within 60 days after the marriage ceremony.
6 (4) Where either party to the marriage was at the time
7 of the marriage and still is naturally and incurably impotent
8 unless the condition was known to the other party prior to
9 the marriage.
10 (5) Where one party was induced to enter into the
11 marriage due to fraud, duress, coercion or force attributable
12 to the other party and there has been no subsequent voluntary
13 cohabitation after knowledge of the fraud or release from the
14 effects of fraud, duress, coercion or force.
15 (b) Status of voidable marriage.--In all cases of marriages
16 which are voidable, either party to the marriage may seek and
17 obtain an annulment of the marriage but, until a decree of
18 annulment is obtained from a court of competent jurisdiction,
19 the marriage shall be valid. The validity of a voidable marriage
20 shall not be subject to attack or question by any person if it
21 is subsequently confirmed by the parties to the marriage or if
22 either party has died.
23 § 3306. Proceedings to determine marital status.
24 When the validity of a marriage is denied or doubted, either
25 or both of the parties to the marriage may bring an action for a
26 declaratory judgment seeking a declaration of the validity or
27 invalidity of the marriage and, upon proof of the validity or
28 invalidity of the marriage, the marriage shall be declared valid
29 or invalid by decree of the court and, unless reversed upon
30 appeal, the declaration shall be conclusive upon all persons
19850H0253B0270 - 38 -
1 concerned.
2 § 3307. Defenses.
3 (a) General rule.--Existing common law defenses are retained
4 as to the grounds enumerated in section 3301(a) and (b)
5 (relating to grounds for divorce). The defenses of condonation,
6 connivance, collusion, recrimination and provocation are
7 abolished as to the grounds enumerated in section 3301(c) and
8 (d).
9 (b) Adultery.--In an action for divorce on the ground of
10 adultery, it is a good defense and a perpetual bar against the
11 action if the defendant alleges and proves, or if it appears in
12 the evidence, that the plaintiff:
13 (1) has been guilty of like conduct;
14 (2) has admitted the defendant into conjugal society or
15 embraces after the plaintiff knew of the fact;
16 (3) allowed the defendant's prostitution or received
17 hire from it; or
18 (4) exposed the defendant to lewd company whereby the
19 defendant became involved in the adultery.
20 § 3308. Action where defendant suffering from mental disorder.
21 If a spouse is insane or suffering from serious mental
22 disorder, an action may be commenced under this part against
23 that spouse upon any ground for divorce or annulment.
24 § 3309. General appearance and collusion.
25 The entry of a general appearance by, or in behalf of, a
26 defendant does not constitute collusion. Collusion shall be
27 found to exist only where the parties conspired to fabricate
28 grounds for divorce or annulment, agreed to and did commit
29 perjury or perpetrated fraud on the court. Negotiation and
30 discussion of terms of property settlement and other matters
19850H0253B0270 - 39 -
1 arising by reason of contemplated divorce or annulment do not
2 constitute collusion.
3 SUBCHAPTER B
4 PROCEDURE
5 Sec.
6 3321. Hearing by master.
7 3322. Jury trial.
8 3323. Decree of court.
9 § 3321. Hearing by master.
10 The court may appoint a master to hear testimony on all or
11 some issues, except issues of custody and paternity, and return
12 the record and a transcript of the testimony together with a
13 report and recommendation as prescribed by general rules or a
14 judge of the court in chambers may appoint a master to take
15 testimony and return a transcript of the testimony to the court.
16 § 3322. Jury trial.
17 (a) Application for jury trial.--After service of the
18 complaint in divorce or annulment on the defendant in the manner
19 prescribed by general rules or entry of a general appearance for
20 the defendant, if either of the parties desires any matter of
21 fact that is affirmed by one and denied by the other to be tried
22 by a jury, that party may take a rule upon the opposite party,
23 to be allowed by a judge of the court, to show cause why the
24 issues of fact set forth in the rule should not be tried by a
25 jury which rule shall be served upon the opposite party or
26 counsel for the opposite party.
27 (b) Disposition of application.--Upon the return of the
28 rule, after hearing, the court may discharge it, make it
29 absolute or frame issues itself. Only the issues ordered by the
30 court shall be tried. The rule shall not be made absolute when,
19850H0253B0270 - 40 -
1 in the opinion of the court, a trial by jury cannot be had
2 without prejudice to the public morals.
3 § 3323. Decree of court.
4 (a) General rule.--In all matrimonial causes, the court may
5 either dismiss the complaint or enter a decree of divorce or
6 annulment of the marriage.
7 (b) Contents of decree.--A decree granting a divorce or an
8 annulment shall include, after a full hearing, where these
9 matters are raised in the pleadings, an order determining and
10 disposing of existing property rights and interests between the
11 parties, custody and visitation rights, child support, alimony
12 and any other related matters including the enforcement of
13 separation agreements voluntarily entered into between the
14 parties. In the event that the court is unable for any reason to
15 determine and dispose of the matters provided for in this
16 subsection within 30 days after the report of the master has
17 been filed, it may enter a decree of divorce or annulment. The
18 court may order alimony, reasonable counsel fees and expenses
19 pending final disposition of the matters provided for in this
20 subsection.
21 SUBCHAPTER C
22 ATTACKS UPON DECREES
23 Sec.
24 3331. Limitations on attacks upon decrees.
25 3332. Opening or vacating decrees.
26 3333. Res judicata and estoppel.
27 § 3331. Limitations on attacks upon decrees.
28 The validity of a decree of divorce or annulment issued by a
29 court shall not be questioned, except by appeal, in any court or
30 place in this Commonwealth after the death of either party to
19850H0253B0270 - 41 -
1 the proceeding. If it is shown that a party who subsequently
2 attempts to question the validity of the decree had full
3 knowledge of the facts and circumstances later complained of at
4 the time of issuance of the decree or failed to take any action
5 despite this knowledge within two years after the date of the
6 decree, the party shall be barred from questioning the decree
7 and it shall be valid in all courts and places within this
8 Commonwealth.
9 § 3332. Opening or vacating decrees.
10 A motion to open a decree of divorce or annulment may be made
11 only within the period limited by 42 Pa.C.S. § 5505 (relating to
12 modification of orders) and not thereafter. The motion may lie
13 where it is alleged that the decree was procured by intrinsic
14 fraud or that there is new evidence relating to the cause of
15 action which will sustain the attack upon its validity. A motion
16 to vacate a decree or strike a judgment alleged to be void
17 because of extrinsic fraud, lack of jurisdiction over the
18 subject matter or a fatal defect apparent upon the face of the
19 record must be made within five years after entry of the final
20 decree. Intrinsic fraud relates to a matter adjudicated by the
21 judgment, including perjury and false testimony, whereas
22 extrinsic fraud relates to matters collateral to the judgment
23 which have the consequence of precluding a fair hearing or
24 presentation of one side of the case.
25 § 3333. Res judicata and estoppel.
26 The validity of a divorce or annulment decree granted by a
27 court having jurisdiction over the subject matter may not be
28 questioned by a party who was subject to the personal
29 jurisdiction of the court except by direct appeal provided or
30 prescribed by law. A party who sought and obtained a decree,
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1 financed or agreed to its procurement, or accepted a property
2 settlement, alimony pendente lite or alimony pursuant to the
3 terms of the decree, or who remarries after the decree, or is
4 guilty of laches, is barred from making a collateral attack upon
5 the validity of the decree unless by clear and convincing
6 evidence it is established that fraud by the other party
7 prevented the making of a timely appeal from the divorce or
8 annulment decree.
9 CHAPTER 35
10 PROPERTY RIGHTS
11 Sec.
12 3501. Definition.
13 3502. Equitable division of marital property.
14 3503. Effect of divorce on property rights generally.
15 3504. Disposition of property after termination of marriage.
16 3505. Disposition of property to defeat obligations.
17 3506. Statement of reasons for distribution.
18 3507. Division of entireties property between divorced persons.
19 3508. Conveyance of entireties property to divorced spouse.
20 § 3501. Definition.
21 (a) General rule.--As used in this chapter "marital
22 property" means all property acquired by either party during the
23 marriage except:
24 (1) Property acquired in exchange for property acquired
25 prior to the marriage except for the increase in value during
26 the marriage.
27 (2) Property excluded by valid agreement of the parties
28 entered into before, during or after the marriage.
29 (3) Property acquired by gift, bequest, devise or
30 descent except for the increase in value during the marriage.
19850H0253B0270 - 43 -
1 (4) Property acquired after separation until the date of
2 divorce or, if the parties separate and reconcile, all
3 property acquired subsequent to the final separation until
4 their divorce.
5 (5) Property which a party has sold, granted, conveyed
6 or otherwise disposed of in good faith and for value prior to
7 the time proceedings for the divorce are commenced.
8 (6) Veterans' benefits exempt from attachment, levy or
9 seizure pursuant to the act of September 2, 1958 (Public Law
10 85-857, 72 Stat. 1229), as amended, except for those benefits
11 received by a veteran where the veteran has waived a portion
12 of his military retirement pay in order to receive veterans'
13 compensation.
14 (7) Property to the extent to which the property has
15 been mortgaged or otherwise encumbered in good faith for
16 value prior to the time proceedings for the divorce are
17 commenced.
18 (b) Presumption.--All real or personal property acquired by
19 either party during the marriage is presumed to be marital
20 property regardless of whether title is held individually or by
21 the parties in some form of co-ownership such as joint tenancy,
22 tenancy in common or tenancy by the entirety. The presumption of
23 marital property is overcome by a showing that the property was
24 acquired by a method listed in subsection (a).
25 § 3502. Equitable division of marital property.
26 (a) General rule.--In an action for divorce or annulment,
27 the court shall, upon request of either party, equitably divide,
28 distribute or assign the marital property between the parties
29 without regard to marital misconduct in such proportions as the
30 court deems just after considering all relevant factors
19850H0253B0270 - 44 -
1 including:
2 (1) The length of the marriage.
3 (2) Any prior marriage of either party.
4 (3) The age, health, station, amount and sources of
5 income, vocational skills, employability, estate, liabilities
6 and needs of each of the parties.
7 (4) The contribution by one party to the education,
8 training or increased earning power of the other party.
9 (5) The opportunity of each party for future
10 acquisitions of capital assets and income.
11 (6) The sources of income of both parties, including but
12 not limited to medical, retirement, insurance or other
13 benefits.
14 (7) The contribution or dissipation of each party in the
15 acquisition, preservation, depreciation or appreciation of
16 the marital property, including the contribution of a party
17 as homemaker.
18 (8) The value of the property set apart to each party.
19 (9) The standard of living of the parties established
20 during the marriage.
21 (10) The economic circumstances of each party at the
22 time the division of property is to become effective.
23 (b) Lien.--The court may impose a lien or charge upon the
24 marital property assigned to a party as security for the payment
25 of alimony or other award for the other party.
26 (c) Family home.--The court may award to one, each or both
27 of the parties the right to live in the family home for
28 reasonable periods of time.
29 (d) Life insurance.--The court may direct the continued
30 maintenance and beneficiary designations of existing policies
19850H0253B0270 - 45 -
1 insuring the life of either party. This subsection extends only
2 to policies originally purchased during the marriage and owned
3 by or within the effective control of either party.
4 § 3503. Effect of divorce on property rights generally.
5 Whenever a decree or judgment is granted which nullifies or
6 absolutely terminates the bonds of matrimony, all property
7 rights which are dependent upon the marital relation, except
8 those which are vested rights, are terminated unless the court
9 expressly provides otherwise in its decree. All duties, rights
10 and claims accruing to either of the parties at any time
11 theretofore in pursuance of the marriage shall cease and the
12 parties shall severally be at liberty to marry again as if they
13 had never been married.
14 § 3504. Disposition of property after termination of marriage.
15 Unless provided otherwise by the court, whenever a decree of
16 divorce or annulment is entered by a court of competent
17 jurisdiction, both parties whose marriage is terminated or
18 affected shall have complete freedom of disposition as to their
19 separate real and personal property and may mortgage, sell,
20 grant, convey or otherwise encumber or dispose of their separate
21 property, whether the property was acquired before, during or
22 after coverture, and neither need join in, consent to or
23 acknowledge a deed, mortgage or instrument of the other.
24 § 3505. Disposition of property to defeat obligations.
25 (a) Preliminary relief.--Where it appears to the court that
26 a party is about to leave the jurisdiction of the court or is
27 about to remove property of that party from the jurisdiction of
28 the court or is about to dispose of, alienate or encumber
29 property in order to defeat alimony pendente lite, alimony,
30 child and spousal support or a similar award, an injunction may
19850H0253B0270 - 46 -
1 issue to prevent the removal or disposition and the property may
2 be attached as prescribed by general rules. The court may also
3 issue a writ of ne exeat to preclude the removal.
4 (b) Inventory of property.--Both parties shall submit to the
5 court an inventory and appraisement of all property owned or
6 possessed at the time action was commenced.
7 (c) Constructive trust for undisclosed assets.--If a party
8 deliberately or negligently fails to disclose information
9 required by subsection (b) and in consequence thereof an asset
10 or assets with a fair market value of $500 or more is omitted
11 from the final distribution of property, the party aggrieved by
12 the nondisclosure may at any time petition the court granting
13 the divorce or annulment to declare the creation of a
14 constructive trust as to all undisclosed assets for the benefit
15 of the parties and their minor or dependent children, if any.
16 The party in whose name the assets are held shall be declared
17 the constructive trustee and the trust may include any terms and
18 conditions the court may determine. The court shall grant the
19 petition upon a finding of a failure to disclose the assets as
20 required under subsection (b).
21 (d) Encumbrance or disposition to third parties.--An
22 encumbrance or disposition of property to third persons who had
23 notice of the pendency of the matrimonial action or who paid
24 wholly inadequate consideration for the property may be deemed
25 fraudulent and declared void.
26 § 3506. Statement of reasons for distribution.
27 In an order made under this chapter for the distribution of
28 property the court shall set forth the reason for the
29 distribution ordered.
30 § 3507. Division of entireties property between divorced
19850H0253B0270 - 47 -
1 persons.
2 (a) General rule.--Whenever married persons holding property
3 as tenants by entireties are divorced, they shall, except as
4 otherwise provided by an order made under this chapter,
5 thereafter hold the property as tenants in common of equal one-
6 half shares in value and either of them may bring an action
7 against the other to have the property sold and the proceeds
8 divided between them.
9 (b) Division of proceeds.--Except as provided in subsection
10 (c), the proceeds of a sale under this section, after the
11 payment of the expenses of sale, shall be equally divided
12 between the parties.
13 (c) Liens.--The amount of any lien entered of record jointly
14 against both of the parties, together with any interest due on
15 the lien and docket costs, shall be deducted from the proceeds
16 of sale and the amount of the liens entered of record against
17 either of the parties, together with any interest due on the
18 liens and docket costs, shall be deducted from the share of the
19 party against whom the lien is filed and paid to the person or
20 persons to whom the amount of the lien is due and payable.
21 (d) Record of divorce decree.--No decree of divorce shall be
22 effective to change the existing law relating to liens upon
23 property held by tenants by the entireties except a decree of
24 divorce that is valid in this Commonwealth and not until the
25 decree of divorce or a certified copy of the decree is recorded
26 in the office of the recorder of deeds of the county where the
27 property is situate. The decree shall be indexed in the
28 grantor's index against each of the tenants by the entireties.
29 § 3508. Conveyance of entireties property to divorced spouse.
30 Whenever married persons have acquired real estate as tenants
19850H0253B0270 - 48 -
1 by entireties and thereafter are divorced, either former spouse,
2 except as otherwise provided by an order made under this
3 chapter, may convey to the other without the joinder of the
4 other the grantor's interest in the real estate so that the
5 grantee holds the real estate in fee simple, freed from all
6 right, title and interest which the grantor had in the real
7 estate as a tenant by the entireties.
8 CHAPTER 37
9 ALIMONY AND SUPPORT
10 Sec.
11 3701. Alimony.
12 3702. Alimony pendente lite, counsel fees and expenses.
13 3703. Enforcement of arrearages.
14 3704. Payment of support, alimony and alimony pendente lite.
15 3705. Alimony in case of foreign ex parte divorce or annulment.
16 3706. Enforcement of foreign decrees.
17 3707. Bar to alimony.
18 § 3701. Alimony.
19 (a) General rule.--The court may allow alimony, as it deems
20 reasonable, to either party only if it finds that the party
21 seeking alimony:
22 (1) lacks sufficient property, including but not limited
23 to any property distributed pursuant to Chapter 35 (relating
24 to property rights), to provide for the reasonable needs of
25 that party; and
26 (2) is unable to be self-supporting through appropriate
27 employment.
28 (b) Factors relevant.--In determining whether alimony is
29 necessary and in determining the nature, amount, duration and
30 manner of payment of alimony, the court shall consider all
19850H0253B0270 - 49 -
1 relevant factors including:
2 (1) The relative earnings and earning capacities of the
3 parties.
4 (2) The ages and the physical, mental and emotional
5 conditions of the parties.
6 (3) The sources of income of both parties including but
7 not limited to medical, retirement, insurance or other
8 benefits.
9 (4) The expectancies and inheritances of the parties.
10 (5) The duration of the marriage.
11 (6) The contribution by one party to the education,
12 training or increased earning power of the other party.
13 (7) The extent to which it would be inappropriate for a
14 party, because the party will be custodian of a minor child,
15 to seek employment outside the home.
16 (8) The standard of living of the parties established
17 during the marriage.
18 (9) The relative education of the parties and the time
19 necessary to acquire sufficient education or training to
20 enable the party seeking alimony to find appropriate
21 employment.
22 (10) The relative assets and liabilities of the parties.
23 (11) The property brought to the marriage by either
24 party.
25 (12) The contribution of a spouse as homemaker.
26 (13) The relative needs of the parties.
27 (14) The marital misconduct of either of the parties
28 during the marriage. The marital misconduct of either of the
29 parties during separation subsequent to the commencement of
30 an action for divorce under this part shall not be considered
19850H0253B0270 - 50 -
1 by the court in its determinations relative to alimony.
2 (c) Duration.--Unless the ability of the party seeking the
3 alimony to provide for the reasonable needs of that party
4 through employment is substantially diminished by reason of age,
5 physical, mental or emotional condition, custody of minor
6 children or other compelling impediment to gainful employment,
7 the court in ordering alimony shall limit the duration of the
8 order to a period of time which is reasonable for the purpose of
9 allowing the party seeking alimony to meet these reasonable
10 needs by:
11 (1) obtaining appropriate employment; or
12 (2) developing an appropriate employable skill.
13 (d) Statement of reasons.--In an order made under this
14 section the court shall set forth the reason for its denial or
15 award of alimony and the amount thereof.
16 (e) Modification and termination.--An order entered pursuant
17 to this section is subject to further order of the court upon
18 changed circumstances of either party of a substantial and
19 continuing nature whereupon the order may be modified,
20 suspended, terminated or reinstituted or a new order made. Any
21 further order shall apply only to payments accruing subsequent
22 to the petition for the requested relief. Remarriage of the
23 party receiving alimony shall terminate the award of alimony.
24 (f) Status of agreement to pay alimony.--Whenever the court
25 approves an agreement for the payment of alimony voluntarily
26 entered into between the parties, the agreement shall constitute
27 the order of the court and may be enforced as provided in
28 section 3703 (relating to enforcement of arrearages).
29 § 3702. Alimony pendente lite, counsel fees and expenses.
30 In proper cases, upon petition, the court may allow a spouse
19850H0253B0270 - 51 -
1 reasonable alimony pendente lite and reasonable counsel fees and
2 expenses.
3 § 3703. Enforcement of arrearages.
4 If at any time a party is in arrears in the payment of
5 alimony or alimony pendente lite as provided for in sections
6 3701 (relating to alimony) and 3702 (relating to alimony
7 pendente lite, counsel fees and expenses) the court may, after
8 hearing, in order to effect payment of the arrearages:
9 (1) Enter judgment.
10 (2) Authorize the taking and seizure of the goods and
11 chattels and the collection of the rents and profits of the
12 real estate of the party.
13 (3) Attach no more than 50% of the wages of the party.
14 (4) Award interest on unpaid installments.
15 (5) Require security to insure future payments.
16 (6) Issue attachment proceedings, directed to the
17 sheriff or other proper officer of the county, directing that
18 the person named as having failed to comply with the court
19 order be brought before the court at such time as the court
20 may direct. If the court finds, after hearing, that the named
21 person willfully failed to comply with the court order, it
22 may declare the person in civil contempt of court and in its
23 discretion make an appropriate order including, but not
24 limited to, commitment of the person to prison for a period
25 not to exceed six months.
26 § 3704. Payment of support, alimony and alimony pendente lite.
27 When so ordered by the court, all payments of child and
28 spousal support, alimony or alimony pendente lite shall be made
29 to the domestic relations section of the court which issued the
30 order or the domestic relations section of the court at the
19850H0253B0270 - 52 -
1 residence of the party entitled to receive the award. The
2 domestic relations section shall keep an accurate record of all
3 payments and shall notify the court immediately whenever a
4 person subject to a payment order is 30 days in arrears of
5 payment so that appropriate action may be taken to enforce the
6 order of the court. The domestic relations section shall
7 distribute the payments to the person entitled to them as soon
8 as possible after receipt.
9 § 3705. Alimony in case of foreign ex parte divorce or
10 annulment.
11 A person who was a resident of this Commonwealth at the time
12 the person was a defendant or respondent in a foreign ex parte
13 action for divorce or annulment may petition a court of this
14 Commonwealth for alimony. If the person establishes the need for
15 alimony and if the court has jurisdiction over the person or
16 property of the other party, the court may order that alimony be
17 paid in the same manner and under the same conditions and
18 limitations which pertain when alimony is sought as provided in
19 this chapter. In the event that the other party from whom the
20 alimony is sought cannot be located within this Commonwealth,
21 the court may attach the tangible or intangible property of that
22 party which is within the jurisdiction of the court in the
23 manner prescribed by general rules except that no exemption
24 shall apply. The property shall thereupon be subject to the
25 payment of alimony in the same manner as provided by law in
26 actions for nonsupport.
27 § 3706. Enforcement of foreign decrees.
28 (a) General rule.--Whenever a person subject to a valid
29 decree of a sister state or territory for the payment of
30 alimony, temporary alimony or alimony pendente lite, or the
19850H0253B0270 - 53 -
1 property of that person is found within this Commonwealth, the
2 obligee of the decree may petition the court where the obligor
3 or the property of the obligor is found to register, adopt as
4 its own and enforce the decree as a properly issued and
5 authenticated decree of a sister state or territory. Upon
6 registration and adoption, such relief and process for
7 enforcement as is provided or prescribed by law in similar cases
8 originally commenced in this Commonwealth shall be available. A
9 copy of the decree and order shall be forwarded to the court of
10 the state or territory which issued the original decree. The
11 obligor shall have whatever defenses and relief are available to
12 the obligor in the state or territory which issued the original
13 decree and may question the jurisdiction of that court if not
14 otherwise barred. Interest may be awarded on unpaid installments
15 and security may be required to insure future payments as in
16 cases originally commenced in this Commonwealth. Where property
17 of the obligor, but not the person of the obligor, is found
18 within this Commonwealth, there shall be jurisdiction quasi in
19 rem and, upon registration and adoption of the decree of the
20 sister state or territory, relief and enforcement of the decree
21 shall be available as in other proceedings which are quasi in
22 rem.
23 (b) Optional procedure.--The right of a judgment creditor to
24 proceed under 42 Pa.C.S. § 4306 (relating to enforcement of
25 foreign judgments) or otherwise instead of proceeding under this
26 section remains unimpaired.
27 § 3707. Bar to alimony.
28 No petitioner is entitled to receive an award of alimony
29 where the petitioner, subsequent to the divorce pursuant to
30 which alimony is being sought, has entered into cohabitation
19850H0253B0270 - 54 -
1 with a person of the opposite sex who is not a member of the
2 family of the petitioner within the degrees of consanguinity.
3 PART VI
4 CHILDREN AND MINORS
5 Chapter
6 51. General Provisions
7 53. Custody
8 55. Liability for Tortious Acts of Children
9 CHAPTER 51
10 GENERAL PROVISIONS
11 Sec.
12 5101. Attainment of full age.
13 5102. Children declared to be legitimate.
14 5103. Acknowledgment and claim of paternity.
15 5104. Blood tests to determine paternity.
16 § 5101. Attainment of full age.
17 (a) Age for entering into contracts.--Any individual 18
18 years of age and older shall have the right to enter into
19 binding and legally enforceable contracts and the defense of
20 minority shall not be available to such individuals.
21 (b) Age for suing and being sued.--Except where otherwise
22 provided or prescribed by law, an individual 18 years of age and
23 older shall be deemed an adult and may sue and be sued as such.
24 § 5102. Children declared to be legitimate.
25 (a) General rule.--All children shall be legitimate
26 irrespective of the marital status of their parents and in every
27 case where children are born out of wedlock they shall enjoy all
28 the rights and privileges as if they had been born during the
29 wedlock of their parents except as otherwise provided in Title
30 20 (relating to decedents, estates and fiduciaries).
19850H0253B0270 - 55 -
1 (b) Determination of paternity.--For purposes of prescribing
2 benefits to children born out of wedlock by, from and through
3 the father, paternity shall be determined by any one of the
4 following ways:
5 (1) If the parents of a child born out of wedlock have
6 married each other.
7 (2) If, during the lifetime of the child, it is
8 determined by clear and convincing evidence that the father
9 openly holds out the child to be his and either receives the
10 child into his home or provides support for the child.
11 (3) If there is clear and convincing evidence that the
12 man was the father of the child which may include a prior
13 court determination of paternity.
14 § 5103. Acknowledgment and claim of paternity.
15 (a) Acknowledgment of paternity.--The father of a child born
16 to an unmarried woman may file with the Department of Health on
17 forms prescribed by it an acknowledgment of paternity of the
18 child which shall include the consent of the mother of the child
19 supported by her affidavit. The department shall, upon receipt
20 of the acknowledgment, proceed as provided in section 603(a) of
21 the act of June 29, 1953 (P.L.304, No.66), known as the Vital
22 Statistics Law of 1953, and the father shall have all the rights
23 and duties as to the child which he would have had if he had
24 been married to the mother at the time of the birth of the child
25 and the child shall have all the rights and duties as to the
26 father which the child would have had if the father had been
27 married to the mother at the time of birth. The acknowledgment
28 may also provide for the assumption by the child of the surname
29 of the father or other name desired by the parents.
30 (b) Claim of paternity.--If the mother of the child fails or
19850H0253B0270 - 56 -
1 refuses to join in the acknowledgment of paternity provided for
2 in subsection (a), the Department of Health shall index it as a
3 claim of paternity. The filing and indexing of a claim of
4 paternity shall not confer upon the putative father any rights
5 as to the child except that the putative father shall be
6 entitled to notice of any proceeding brought to terminate any
7 parental rights as to the child.
8 § 5104. Blood tests to determine paternity.
9 (a) Short title of section.--This section shall be known and
10 may be cited as the Uniform Act on Blood Tests to Determine
11 Paternity.
12 (b) Scope of section.--
13 (1) Civil matters.--This section shall apply to all
14 civil matters.
15 (2) Criminal proceedings.--This section shall apply to
16 all criminal proceedings subject to the following limitations
17 and provisions:
18 (i) An order for the tests shall be made only upon
19 application of a party or on the initiative of the court.
20 (ii) The compensation of the experts shall be paid
21 by the party requesting the blood test or by the county,
22 as the court shall direct.
23 (iii) The court may direct a verdict of acquittal
24 upon the conclusions of all the experts under subsection
25 (f). Otherwise, the case shall be submitted for
26 determination upon all the evidence.
27 (iv) The refusal of a defendant to submit to the
28 tests may not be used in evidence against the defendant.
29 (c) Authority for test.--In any matter subject to this
30 section in which paternity, parentage or identity of a child is
19850H0253B0270 - 57 -
1 a relevant fact, the court upon its own initiative or upon
2 suggestion made by or on behalf of any person whose blood is
3 involved may or, upon motion of any party to the action made at
4 a time so as not to delay the proceedings unduly, shall order
5 the mother, child and alleged father to submit to blood tests.
6 If any party refuses to submit to the tests, the court may
7 resolve the question of paternity, parentage or identity of a
8 child against the party or enforce its order if the rights of
9 others and the interests of justice so require.
10 (d) Selection of experts.--The tests shall be made by
11 experts qualified as examiners of blood types, who shall be
12 appointed by the court. The experts shall be called by the court
13 as witnesses to testify to their findings and shall be subject
14 to cross-examination by the parties. Any party or person at
15 whose suggestion the tests have been ordered may demand that
16 other experts qualified as examiners of blood types perform
17 independent tests under order of court, the results of which may
18 be offered in evidence. The number and qualifications of experts
19 shall be determined by the court.
20 (e) Compensation of experts.--The compensation of each
21 expert witness appointed by the court shall be fixed at a
22 reasonable amount. It shall be paid as the court shall order.
23 Subject to general rules, the court may order that it be paid by
24 the parties in such proportions and at such times as it shall
25 prescribe or that the proportion of any party be paid by the
26 county and that after payment by the parties or the county, or
27 both, all or part or none of it be taxed as costs in the action.
28 Subject to general rules, the fee of an expert witness called by
29 a party but not appointed by the court shall be paid by the
30 party calling him, but shall not be taxed as costs in the
19850H0253B0270 - 58 -
1 action.
2 (f) Effect of test results.--If the court finds that the
3 conclusions of all the experts as disclosed by the evidence
4 based upon the tests are that the alleged father is not the
5 father of the child, the question of paternity, parentage or
6 identity of a child shall be resolved accordingly. If the
7 experts disagree in their findings or conclusions, the question
8 shall be submitted upon all the evidence.
9 (g) Effect on presumption of legitimacy.--The presumption of
10 legitimacy of a child born during wedlock is overcome if the
11 court finds that the conclusions of all the experts as disclosed
12 by the evidence based upon the tests show that the husband is
13 not the father of the child.
14 CHAPTER 53
15 CUSTODY
16 Subchapter
17 A. General Provisions
18 B. Child Custody Jurisdiction
19 SUBCHAPTER A
20 GENERAL PROVISIONS
21 Sec.
22 5301. Declaration of policy.
23 5302. Definitions.
24 5303. Award of sole custody.
25 5304. Award of shared custody.
26 5305. Counseling.
27 5306. Plan for implementation of custody order.
28 5307. Denial of custody under agreement or plan.
29 5308. Removal of party or child from jurisdiction.
30 5309. Access to records and information.
19850H0253B0270 - 59 -
1 5310. Modification of existing custody orders.
2 5311. Visitation rights of grandparents.
3 § 5301. Declaration of policy.
4 The General Assembly declares that it is the public policy of
5 this Commonwealth, when in the best interest of the child, to
6 assure a reasonable and continuing contact of the child with
7 both parents after a separation or dissolution of the marriage
8 and the sharing of the rights and responsibilities of child
9 rearing by both parents.
10 § 5302. Definitions.
11 The following words and phrases when used in this subchapter
12 shall have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Child." Any unemancipated person under 18 years of age.
15 "Legal custody." The legal right to make major decisions
16 affecting the best interest of a minor child including, but not
17 limited to, medical, religious and educational decisions.
18 "Physical custody." The actual physical possession and
19 control of a child.
20 "Shared custody." An order awarding shared legal or shared
21 physical custody or both of a child in such a way as to assure
22 the child of frequent and continuing contact with and physical
23 access to both parents.
24 § 5303. Award of sole custody.
25 In making an order for custody to either parent individually,
26 the court shall consider, among other factors, which parent is
27 more likely to encourage, permit and allow frequent and
28 continuing contact and physical access between the noncustodial
29 parent and the child. The court shall award sole custody when it
30 is in the best interest of the child.
19850H0253B0270 - 60 -
1 § 5304. Award of shared custody.
2 An order for shared custody may be awarded by the court when
3 it is in the best interest of the child:
4 (1) upon application of one or both parents;
5 (2) when the parties have agreed to an award of shared
6 custody; or
7 (3) in the discretion of the court.
8 § 5305. Counseling.
9 (a) General rule.--The court may require the parents to
10 attend counseling sessions and may consider the recommendations
11 of the counselors prior to awarding sole or shared custody.
12 These counseling sessions may include but shall not be limited
13 to discussions of the responsibilities and decision making
14 arrangements involved in both sole and shared custody and the
15 suitability of each arrangement to the capabilities of each
16 parent or both parents.
17 (b) Temporary custody.--The court may temporarily award
18 custody to either parent or both parents pending resolution of
19 any counseling.
20 (c) Report.--The court may require the counselor to submit a
21 report if the court desires and within such reasonable time as
22 the court determines.
23 § 5306. Plan for implementation of custody order.
24 The court, in its discretion, may require the parents to
25 submit to the court a plan for the implementation of any custody
26 order made pursuant to this subchapter. Upon the request of
27 either parent or the court, the domestic relations section of
28 the court or other party or agency approved by the court shall
29 assist in the formulation and implementation of the plan.
30 § 5307. Denial of custody under agreement or plan.
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1 When the court declines to enter an order awarding custody
2 either as agreed to by the parents or under the plan developed
3 by the parents, the court shall state its reasons for denial on
4 the record.
5 § 5308. Removal of party or child from jurisdiction.
6 If either party intends to or does leave this Commonwealth or
7 intends to or does remove the child from this Commonwealth after
8 a custody order has been made, the court, on its own motion or
9 at the request of either party, may review the existing custody
10 order.
11 § 5309. Access to records and information.
12 (a) General rule.--Except as provided in subsections (b) and
13 (c), each parent shall be provided access to all the medical,
14 dental, religious or school records of the child, the residence
15 address of the child and of the other parent and any other
16 information that the court deems necessary.
17 (b) Court determination not to release information.--The
18 court, in its discretion, may determine not to release any part
19 or parts of the information in this section but in doing so must
20 state its reason for denial on the record.
21 (c) Nondisclosure of confidential records.--The court shall
22 not order that the address of a shelter for battered spouses and
23 their dependent children or otherwise confidential records of a
24 domestic violence counselor be disclosed to any party or counsel
25 for any party to the proceedings.
26 § 5310. Modification of existing custody orders.
27 Any order for the custody of the child of a marriage entered
28 by a court in this Commonwealth or another state may, subject to
29 the jurisdictional requirements set forth in sections 5342
30 (relating to purposes and construction of subchapter) and 5344
19850H0253B0270 - 62 -
1 (relating to jurisdiction), be modified at any time to an order
2 of shared custody in accordance with this subchapter.
3 § 5311. Visitation rights of grandparents.
4 (a) When parent deceased.--If a parent of an unmarried child
5 is deceased, the court may grant the parents or grandparents of
6 the deceased parent reasonable visitation rights to the
7 unmarried child upon a finding that visitation rights would be
8 in the best interest of the child and would not interfere with
9 the parent-child relationship. The court shall consider the
10 amount of personal contact between the parents or grandparents
11 of the deceased parent and the child prior to the application
12 for visitation rights.
13 (b) When marriage of parents dissolved.--In all proceedings
14 for dissolution of the marriage, subsequent to the commencement
15 of the proceeding and continuing thereafter, the court may, upon
16 the request of the parent or grandparent of a party, grant
17 reasonable visitation rights to the unmarried child, after
18 dissolution of the marriage, if it finds that visitation rights
19 would be in the best interest of the child and would not
20 interfere with the parent-child relationship. The court shall
21 consider the amount of personal contact between the parents or
22 grandparents of the party and the child prior to the application
23 for visitation rights.
24 (c) When child resided with grandparents.--If an unmarried
25 child has resided with his grandparents or great-grandparents
26 for a period of 12 months or more and is subsequently removed
27 from the home by his parents, the grandparents or great-
28 grandparents may petition the court for an order granting them
29 reasonable visitation rights to the child. The court shall grant
30 the petition if it finds that visitation rights would be in the
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1 best interest of the child and would not interfere with the
2 parent-child relationship.
3 (d) Exception for adopted children.--This section does not
4 apply if the child has been adopted by a person other than a
5 stepparent or grandparent. Any visitation rights granted
6 pursuant to this section prior to the adoption of the child
7 shall be automatically terminated upon such adoption.
8 SUBCHAPTER B
9 CHILD CUSTODY JURISDICTION
10 Sec.
11 5341. Short title of subchapter.
12 5342. Purposes and construction of subchapter.
13 5343. Definitions.
14 5344. Jurisdiction.
15 5345. Notice and opportunity to be heard.
16 5346. Notice to persons outside this Commonwealth; submission
17 to jurisdiction.
18 5347. Simultaneous proceedings in other states.
19 5348. Inconvenient forum.
20 5349. Jurisdiction declined by reason of conduct.
21 5350. Information under oath to be submitted to the court.
22 5351. Additional parties.
23 5352. Appearance of parties and the child.
24 5353. Binding force and res judicata effect of custody decree.
25 5354. Recognition of out-of-state custody decrees.
26 5355. Modification of custody decree of another state.
27 5356. Filing and enforcement of custody decree of another
28 state.
29 5357. Registry of out-of-state custody decrees and proceedings.
30 5358. Certified copies of custody decree.
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1 5359. Taking testimony in another state.
2 5360. Hearings and studies in another state; orders to appear.
3 5361. Assistance to courts of other states.
4 5362. Preservation of documents for use in other states.
5 5363. Request for court records of another state.
6 5364. Intrastate application.
7 5365. International application.
8 5366. Priority.
9 § 5341. Short title of subchapter.
10 This subchapter shall be known and may be cited as the
11 Uniform Child Custody Jurisdiction Act.
12 § 5342. Purposes and construction of subchapter.
13 (a) Purposes.--The general purposes of this subchapter are
14 to:
15 (1) Avoid jurisdictional competition and conflict with
16 courts of other states in matters of child custody which have
17 in the past resulted in the shifting of children from state
18 to state with harmful effects on their well-being.
19 (2) Promote cooperation with the courts of other states
20 to the end that a custody decree is rendered in that state
21 which can best decide the case in the interest of the child.
22 (3) Assure that litigation concerning the custody of a
23 child takes place ordinarily in the state with which the
24 child and his family have the closest connection and where
25 significant evidence concerning his care, protection,
26 training, and personal relationships is most readily
27 available, and that courts of this Commonwealth decline the
28 exercise of jurisdiction when the child and his family have a
29 closer connection with another state.
30 (4) Discourage continuing controversies over child
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1 custody in the interest of greater stability of home
2 environment and of secure family relationships for the child.
3 (5) Deter abductions and other unilateral removals of
4 children undertaken to obtain custody awards.
5 (6) Avoid relitigation of custody decisions of other
6 states in this Commonwealth insofar as feasible.
7 (7) Facilitate the enforcement of custody decrees of
8 other states.
9 (8) Promote and expand the exchange of information and
10 other forms of mutual assistance between the courts of this
11 Commonwealth and those of other states concerned with the
12 same child.
13 (b) Construction.--This subchapter shall be construed to
14 promote the general purposes stated in this section.
15 § 5343. Definitions.
16 The following words and phrases when used in this subchapter
17 shall have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Contestant." An institution or an individual, including a
20 parent, who claims a right to custody or visitation rights with
21 respect to a child.
22 "Custody determination." A court decision and court orders
23 and instructions providing for the custody of a child, including
24 visitation rights; the term does not include a decision relating
25 to child support or any other monetary obligation of any person.
26 "Custody proceeding." Includes proceedings in which a
27 custody determination is one of several issues, such as an
28 action for divorce or separation, and includes child neglect and
29 dependency proceedings.
30 "Decree" or "custody decree." A custody determination
19850H0253B0270 - 66 -
1 contained in a judicial decree or order made in a custody
2 proceeding, and includes an initial decree and a modification
3 decree.
4 "Home state." The state in which the child immediately
5 preceding the time involved lived with his parents, a parent, or
6 a person acting as parent, or in an institution, for at least
7 six consecutive months, and in the case of a child less than six
8 months old the state in which the child lived from birth with
9 any of the persons mentioned. Periods of temporary absence of
10 any of the named persons are counted as part of the six-month or
11 other period.
12 "Initial decree." The first custody decree concerning a
13 particular child.
14 "Modification decree." A custody decree which modifies or
15 replaces a prior decree, whether made by the court which
16 rendered the prior decree or by another court.
17 "Person acting as parent." A person, including an
18 institution other than a parent, who has physical custody of a
19 child and who has either been awarded custody by a court or
20 claims a right to custody.
21 "Physical custody." Actual possession and control of a
22 child.
23 § 5344. Jurisdiction.
24 (a) General rule.--A court of this Commonwealth which is
25 competent to decide child custody matters has jurisdiction to
26 make a child custody determination by initial or modification
27 decree if:
28 (1) this Commonwealth:
29 (i) is the home state of the child at the time of
30 commencement of the proceeding; or
19850H0253B0270 - 67 -
1 (ii) had been the home state of the child within six
2 months before commencement of the proceeding and the
3 child is absent from this Commonwealth because of his
4 removal or retention by a person claiming his custody or
5 for other reasons, and a parent or person acting as
6 parent continues to live in this Commonwealth;
7 (2) it is in the best interest of the child that a court
8 of this Commonwealth assume jurisdiction because:
9 (i) the child and his parents, or the child and at
10 least one contestant, have a significant connection with
11 this Commonwealth; and
12 (ii) there is available in this Commonwealth
13 substantial evidence concerning the present or future
14 care, protection, training, and personal relationships of
15 the child;
16 (3) the child is physically present in this
17 Commonwealth, and:
18 (i) the child has been abandoned; or
19 (ii) it is necessary in an emergency to protect the
20 child because he has been subjected to or threatened with
21 mistreatment or abuse or is otherwise neglected or
22 dependent;
23 (4) (i) it appears that no other state would have
24 jurisdiction under prerequisites substantially in
25 accordance with paragraph (1), (2) or (3), or another
26 state has declined to exercise jurisdiction on the ground
27 that this Commonwealth is the more appropriate forum to
28 determine the custody of the child; and
29 (ii) it is in the best interest of the child that
30 the court assume jurisdiction; or
19850H0253B0270 - 68 -
1 (5) the child welfare agencies of the counties wherein
2 the contestants for the child live, have made an
3 investigation of the home of the person to whom custody is
4 awarded and have found it to be satisfactory for the welfare
5 of the child.
6 (b) Physical presence insufficient.--Except under subsection
7 (a)(3) and (4), physical presence in this Commonwealth of the
8 child, or of the child and one of the contestants, is not alone
9 sufficient to confer jurisdiction on a court of this
10 Commonwealth to make a child custody determination.
11 (c) Physical presence unnecessary.--Physical presence of the
12 child, while desirable, is not a prerequisite for jurisdiction
13 to determine his custody.
14 § 5345. Notice and opportunity to be heard.
15 Before making a decree under this subchapter, reasonable
16 notice and opportunity to be heard shall be given to the
17 contestants, any parent whose parental rights have not been
18 previously terminated and any person who has physical custody of
19 the child. If any of these persons is outside this Commonwealth,
20 notice and opportunity to be heard shall be given pursuant to
21 section 5346 (relating to notice to persons outside this
22 Commonwealth; submission to jurisdiction).
23 § 5346. Notice to persons outside this Commonwealth; submission
24 to jurisdiction.
25 (a) General rule.--Notice required for the exercise of
26 jurisdiction over a person outside this Commonwealth shall be
27 given in a manner reasonably calculated to give actual notice,
28 and may be:
29 (1) by personal delivery outside this Commonwealth in
30 the manner prescribed for service of process within this
19850H0253B0270 - 69 -
1 Commonwealth;
2 (2) in the manner prescribed by the law of the place in
3 which the service is made for service of process in that
4 place in an action in any of its courts of general
5 jurisdiction;
6 (3) by any form of mail addressed to the person to be
7 served and requesting a receipt; or
8 (4) as directed by the court including publication, if
9 other means of notification are ineffective.
10 (b) Duration.--Notice under this section shall be served,
11 mailed, or delivered or last published at least ten days before
12 any hearing in this Commonwealth.
13 (c) Proof of service.--Proof of service outside this
14 Commonwealth may be made by affidavit of the individual who made
15 the service, or in the manner prescribed by the law of this
16 Commonwealth, the order pursuant to which the service is made,
17 or the law of the place in which the service is made. If service
18 is made by mail, proof may be a receipt signed by the addressee
19 or other evidence of delivery to the addressee.
20 (d) Submission to jurisdiction.--Notice is not required if a
21 person submits to the jurisdiction of the court.
22 § 5347. Simultaneous proceedings in other states.
23 (a) General rule.--A court of this Commonwealth shall not
24 exercise its jurisdiction under this subchapter if at the time
25 of filing the petition a proceeding concerning the custody of
26 the child was pending in a court of another state exercising
27 jurisdiction substantially in conformity with this subchapter,
28 unless the proceeding is stayed by the court of the other state
29 because this Commonwealth is a more appropriate forum or for
30 other reasons.
19850H0253B0270 - 70 -
1 (b) Procedure.--Before hearing the petition in a custody
2 proceeding the court shall examine the pleadings and other
3 information supplied by the parties under section 5350 (relating
4 to information under oath to be submitted to the court) and
5 shall consult the child custody registry established under
6 section 5357 (relating to registry of out-of-state custody
7 decrees and proceedings) concerning the pendency of proceedings
8 with respect to the child in other states. If the court has
9 reason to believe that proceedings may be pending in another
10 state it shall direct an inquiry to the state court
11 administrator or other appropriate official of the other state.
12 (c) Stay; communication with other court.--If the court is
13 informed during the course of the proceeding that a proceeding
14 concerning the custody of the child was pending in another state
15 before the court assumed jurisdiction it shall stay the
16 proceeding and communicate with the court in which the other
17 proceeding is pending to the end that the issue may be litigated
18 in the more appropriate forum and that information be exchanged
19 in accordance with sections 5360 (relating to hearings and
20 studies in another state; orders to appear) through 5363
21 (relating to request for court records of another state). If a
22 court of this Commonwealth has made a custody decree before
23 being informed of a pending proceeding in a court of another
24 state it shall immediately inform that court of the fact. If the
25 court is informed that a proceeding was commenced in another
26 state after it assumed jurisdiction it shall likewise inform the
27 other court to the end that the issues may be litigated in the
28 more appropriate forum.
29 § 5348. Inconvenient forum.
30 (a) General rule.--A court which has jurisdiction under this
19850H0253B0270 - 71 -
1 subchapter to make an initial or modification decree may decline
2 to exercise its jurisdiction any time before making a decree if
3 it finds that it is an inconvenient forum to make a custody
4 determination under the circumstances of the case and that a
5 court of another state is a more appropriate forum.
6 (b) Moving party.--A finding of inconvenient forum may be
7 made upon the court's own motion or upon motion of a party or a
8 guardian ad litem or other representative of the child.
9 (c) Factors to be considered.--In determining if it is an
10 inconvenient forum, the court shall consider if it is in the
11 interest of the child that another state assume jurisdiction.
12 For this purpose it may take into account the following factors,
13 among others:
14 (1) If another state is or recently was the home state
15 of the child.
16 (2) If another state has a closer connection with the
17 child and his family or with the child and one or more of the
18 contestants.
19 (3) If substantial evidence concerning the present or
20 future care, protection, training, and personal relationships
21 of the child is more readily available in another state.
22 (4) If the parties have agreed on another forum which is
23 no less appropriate.
24 (5) If the exercise of jurisdiction by a court of this
25 Commonwealth would contravene any of the purposes stated in
26 section 5342 (relating to purposes and construction of
27 subchapter).
28 (d) Communication with other court.--Before determining
29 whether to decline or retain jurisdiction the court may
30 communicate with a court of another state and exchange
19850H0253B0270 - 72 -
1 information pertinent to the assumption of jurisdiction by
2 either court with a view to assuring that jurisdiction will be
3 exercised by the more appropriate court and that a forum will be
4 available to the parties.
5 (e) Disposition.--If the court finds that it is an
6 inconvenient forum and that a court of another state is a more
7 appropriate forum it may dismiss the proceedings, or it may stay
8 the proceedings upon condition that a custody proceeding be
9 promptly commenced in another named state or upon any other
10 conditions which may be just and proper, including the condition
11 that a moving party stipulate his consent and submission to the
12 jurisdiction of the other forum.
13 (f) Effect on divorce or other proceeding.--The court may
14 decline to exercise its jurisdiction under this subchapter if a
15 custody determination is incidental to an action for divorce or
16 another proceeding while retaining jurisdiction over the divorce
17 or other proceeding.
18 (g) Costs and expenses.--Subject to general rules:
19 (1) If it appears to the court that it is clearly an
20 inappropriate forum it may require the party who commenced
21 the proceedings to pay, in addition to the costs of the
22 proceedings in this Commonwealth, necessary travel and other
23 expenses, including attorneys' fees, incurred by other
24 parties or their witnesses.
25 (2) Payment is to be made to the office of the clerk of
26 the court of common pleas for remittance to the proper party.
27 (h) Notice of disposition.--Upon dismissal or stay of
28 proceedings under this section the court shall inform the court
29 found to be the more appropriate forum of this fact, or if the
30 court which would have jurisdiction in the other state is not
19850H0253B0270 - 73 -
1 certainly known, shall transmit the information to the court
2 administrator or other appropriate official of the other state
3 for forwarding to the appropriate court.
4 (i) Registry of out-of-state stay; notice of assumption of
5 jurisdiction.--Any communication received from another state
6 informing this Commonwealth of a finding of inconvenient forum
7 because a court of this Commonwealth is the more appropriate
8 forum shall be filed in the custody registry of the appropriate
9 court. Upon assuming jurisdiction the court of this Commonwealth
10 shall inform the original court of this fact.
11 § 5349. Jurisdiction declined by reason of conduct.
12 (a) General rule.--If the petitioner for an initial decree
13 has wrongfully taken the child from another state or has engaged
14 in conduct intending to benefit his position in a custody
15 hearing, the court may decline to exercise jurisdiction if this
16 is just and proper under the circumstances.
17 (b) Restriction on modification of foreign decree.--Unless
18 required in the interest of the child, the court shall not
19 exercise its jurisdiction to modify a custody decree of another
20 state if the petitioner, without consent of the person entitled
21 to custody, has improperly removed the child from the physical
22 custody of the person entitled to custody or has improperly
23 retained the child after a visit or other temporary
24 relinquishment of physical custody. If the petitioner has
25 violated any other provision of a custody decree of another
26 state the court may decline to exercise its jurisdiction unless
27 the petitioner can show that conditions in the custodial
28 household are physically or emotionally harmful to the child,
29 the burden of proof being on the petitioner requesting the court
30 to take jurisdiction.
19850H0253B0270 - 74 -
1 (c) Costs and expenses.--Subject to general rules, in
2 appropriate cases a court dismissing a petition under this
3 section may charge the petitioner with necessary travel and
4 other expenses, including attorneys' fees, incurred by other
5 parties or their witnesses.
6 § 5350. Information under oath to be submitted to the court.
7 (a) General rule.--Every party in a custody proceeding in
8 his first pleading or in an affidavit attached to that pleading
9 shall give information under oath as to the present address of
10 the child, the places where the child has lived within the last
11 five years, and the names and present addresses of the persons
12 with whom the child has lived during that period. In this
13 pleading or affidavit every party shall further declare under
14 oath whether:
15 (1) he has participated (as a party, witness, or in any
16 other capacity) in any other litigation concerning the
17 custody of the same child in this or any other state;
18 (2) he has information of any custody proceeding
19 concerning the child pending in a court of this or any other
20 state; and
21 (3) he knows of any person not a party to the
22 proceedings who has physical custody of the child or claims
23 to have custody or visitation rights with respect to the
24 child.
25 (b) Additional information.--If the declaration as to any of
26 the items set forth in subsection (a) is in the affirmative the
27 declarant shall give additional information under oath as
28 required by the court. The court may examine the parties under
29 oath as to details of the information furnished and as to other
30 matters pertinent to the jurisdiction of the court and the
19850H0253B0270 - 75 -
1 disposition of the case.
2 (c) Continuing duty.--Each party has a continuing duty to
3 inform the court of any custody proceeding concerning the child
4 in this Commonwealth or any other state of which he obtained
5 information during proceedings under this subchapter.
6 § 5351. Additional parties.
7 If the court learns from information furnished by the parties
8 pursuant to section 5350 (relating to information under oath to
9 be submitted to the court) or from other sources that a person
10 not a party to the custody proceeding has physical custody of
11 the child or claims to have custody or visitation rights with
12 respect to the child, it shall order that person to be joined as
13 a party and to be duly notified of the pendency of the
14 proceeding and of his joinder as a party. If the person joined
15 as a party is outside this Commonwealth he shall be served with
16 process or otherwise notified in accordance with section 5346
17 (relating to notice to persons outside this Commonwealth;
18 submission to jurisdiction).
19 § 5352. Appearance of parties and the child.
20 (a) General rule.--The court may order any party to the
21 proceeding who is in this Commonwealth to appear personally
22 before the court. If that party has physical custody of the
23 child the court may order that he appear personally with the
24 child.
25 (b) Out-of-state persons.--If a party to the proceeding
26 whose presence is desired by the court is outside this
27 Commonwealth with or without the child the court may order that
28 the notice given under section 5346 (relating to notice to
29 persons outside this Commonwealth; submission to jurisdiction)
30 include a statement directing that party to appear personally
19850H0253B0270 - 76 -
1 with or without the child and declaring that failure to appear
2 may result in a decision adverse to that party.
3 (c) Costs and expenses.--If a party to the proceeding who is
4 outside this Commonwealth is directed to appear under subsection
5 (b) or desires to appear personally before the court with or
6 without the child, the court may require another party to pay
7 travel and other necessary expenses of the party so appearing
8 and of the child if this is just and proper under the
9 circumstances.
10 § 5353. Binding force and res judicata effect of custody
11 decree.
12 A custody decree rendered by a court of this Commonwealth
13 which had jurisdiction under section 5344 (relating to
14 jurisdiction) binds all parties who have been served in this
15 Commonwealth or notified in accordance with section 5346
16 (relating to notice to persons outside this Commonwealth;
17 submission to jurisdiction) or who have submitted to the
18 jurisdiction of the court, and who have been given an
19 opportunity to be heard. As to these parties the custody decree
20 is conclusive as to all issues of law and fact decided and as to
21 the custody determination made unless and until that
22 determination is modified pursuant to law, including the
23 provisions of this subchapter.
24 § 5354. Recognition of out-of-state custody decrees.
25 The courts of this Commonwealth shall recognize and enforce
26 an initial or modification decree of a court of another state
27 which had assumed jurisdiction under statutory provisions
28 substantially in accordance with this subchapter or which was
29 made under factual circumstances meeting the jurisdictional
30 standards of this subchapter, so long as the decree has not been
19850H0253B0270 - 77 -
1 modified in accordance with jurisdictional standards
2 substantially similar to those of this subchapter.
3 § 5355. Modification of custody decree of another state.
4 (a) General rule.--If a court of another state has made a
5 custody decree, a court of this Commonwealth shall not modify
6 that decree unless:
7 (1) it appears to the court of this Commonwealth that
8 the court which rendered the decree does not now have
9 jurisdiction under jurisdictional prerequisites substantially
10 in accordance with this subchapter or has declined to assume
11 jurisdiction to modify the decree; and
12 (2) the court of this Commonwealth has jurisdiction.
13 (b) Consideration of out-of-state record.--If a court of
14 this Commonwealth is authorized under subsection (a) and section
15 5349 (relating to jurisdiction declined by reason of conduct) to
16 modify a custody decree of another state it shall give due
17 consideration to the transcript of the record and other
18 documents of all previous proceedings submitted to it in
19 accordance with section 5363 (relating to request for court
20 records of another state).
21 § 5356. Filing and enforcement of custody decree of another
22 state.
23 (a) General rule.--A certified copy of a custody decree of
24 another state whose decrees are recognized under section 5354
25 (relating to recognition of out-of-state custody decrees) may be
26 filed in any office of the clerk of the court of common pleas of
27 this Commonwealth. The clerk shall treat the decree in the same
28 manner as a custody decree of a court of common pleas of this
29 Commonwealth. A custody decree so filed has the same effect and
30 shall be enforced in like manner as a custody decree rendered by
19850H0253B0270 - 78 -
1 a court of this Commonwealth.
2 (b) Costs and expenses.--A person violating a custody decree
3 of another state which makes it necessary to enforce the decree
4 in this Commonwealth may be required to pay necessary travel and
5 other expenses, including attorneys' fees, incurred by the party
6 entitled to the custody or his witnesses.
7 § 5357. Registry of out-of-state custody decrees and
8 proceedings.
9 Each office of the clerk of the court of common pleas shall
10 maintain a registry in which it shall enter the following:
11 (1) Certified copies of custody decrees of other states
12 received for filing.
13 (2) Communications as to the pendency of custody
14 proceedings in other states.
15 (3) Communications concerning a finding of inconvenient
16 forum by a court of another state.
17 (4) Other communications or documents concerning custody
18 proceedings in another state which may affect the
19 jurisdiction of a court of this Commonwealth or the
20 disposition to be made by it in a custody proceeding.
21 § 5358. Certified copies of custody decree.
22 The office of the clerk of the court of common pleas, at the
23 request of the court of another state or at the request of any
24 person who is affected by or has a legitimate interest in a
25 custody decree, shall certify and forward a copy of the decree
26 to that court or person.
27 § 5359. Taking testimony in another state.
28 In addition to other procedural devices available to a party,
29 any party to the proceeding or a guardian ad litem or other
30 representative of the child may adduce testimony of witnesses,
19850H0253B0270 - 79 -
1 including parties and the child, by deposition or otherwise, in
2 another state. The court on its own motion may direct that the
3 testimony of a person be taken in another state and may
4 prescribe the manner in which and the terms upon which the
5 testimony shall be taken.
6 § 5360. Hearings and studies in another state; orders to
7 appear.
8 (a) Hearings and studies.--A court of this Commonwealth may
9 request the appropriate court of another state to hold a hearing
10 to adduce evidence, to order a party to produce or give evidence
11 under other procedures of that state, or to have social studies
12 made with respect to the custody of a child involved in
13 proceedings pending in the court of this Commonwealth; and to
14 forward to the court of this Commonwealth certified copies of
15 the transcript of the record of the hearing, the evidence
16 otherwise adduced, or any social studies prepared in compliance
17 with the request. Subject to general rules, the cost of the
18 services may be assessed against the parties or, if necessary,
19 ordered paid by the county.
20 (b) Order to appear.--A court of this Commonwealth may
21 request the appropriate court of another state to order a party
22 to custody proceedings pending in the court of this Commonwealth
23 to appear in the proceedings, and if that party has physical
24 custody of the child, to appear with the child. The request may
25 state that travel and other necessary expenses of the party and
26 of the child whose appearance is desired will be assessed
27 against another party or will otherwise be paid.
28 § 5361. Assistance to courts of other states.
29 (a) General rule.--Upon request of the court of another
30 state the courts of this Commonwealth which are competent to
19850H0253B0270 - 80 -
1 hear custody matters may order a person in this Commonwealth to
2 appear at a hearing to adduce evidence or to produce or give
3 evidence under other procedures available in this Commonwealth
4 or may order social studies to be made for use in a custody
5 proceeding in another state. A certified copy of the transcript
6 of the record of the hearing or the evidence otherwise adduced,
7 any psychological studies and any social studies prepared shall
8 be forwarded to the requesting court.
9 (b) Voluntary testimony.--A person within this Commonwealth
10 may voluntarily give his testimony or statement in this
11 Commonwealth for use in a custody proceeding outside this
12 Commonwealth.
13 (c) Appearance in other state.--Upon request of the court of
14 another state a competent court of this Commonwealth may order a
15 person in this Commonwealth to appear alone or with the child in
16 a custody proceeding in another state. The court may condition
17 compliance with the request upon assurance by the other state
18 that travel and other necessary expenses will be advanced or
19 reimbursed.
20 § 5362. Preservation of documents for use in other states.
21 In any custody proceeding in this Commonwealth the court
22 shall preserve the pleadings, orders and decrees, any record
23 that has been made of its hearings, social studies, and other
24 pertinent documents until the child reaches 18 years of age.
25 Upon appropriate request of the court of another state the court
26 shall forward to the other court certified copies of any or all
27 of such documents.
28 § 5363. Request for court records of another state.
29 If a custody decree has been rendered in another state
30 concerning a child involved in a custody proceeding pending in a
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1 court of this Commonwealth, the court of this Commonwealth upon
2 taking jurisdiction of the case shall request of the court of
3 the other state a certified copy of the transcript of any court
4 record and other documents mentioned in section 5362 (relating
5 to preservation of documents for use in other states).
6 § 5364. Intrastate application.
7 (a) General rule.--Except as otherwise provided in this
8 section, the provisions of this subchapter allocating
9 jurisdiction and functions between and among courts of different
10 states shall also allocate jurisdiction and functions between
11 and among the courts of common pleas of this Commonwealth.
12 (b) Home jurisdiction.--For the purposes of the definition
13 of "home state" in section 5343 (relating to definitions) a
14 period of temporary absence of the child from the physical
15 custody of the parent, person acting as parent or institution
16 shall not affect the six months or other period.
17 (c) Petitioner.--As used in this subchapter insofar as
18 relates to the allocation of jurisdiction and functions between
19 and among the courts of common pleas of this Commonwealth, the
20 term "petitioner" means anyone seeking change in the status of
21 custody of a child either by an affirmative action brought in a
22 court or as a defense to a custody action brought by a person
23 acting as parent who had previously been awarded custody of the
24 child.
25 (d) Effect of agency investigation.--Section 5344(a)(5)
26 (relating to jurisdiction) shall not be applicable for the
27 purposes of this section.
28 (e) Period of notice.--Notice under section 5346 (relating
29 to notice to persons outside this Commonwealth; submission to
30 jurisdiction) shall be served, mailed, delivered or last
19850H0253B0270 - 82 -
1 published at least 20 days before any hearing.
2 (f) Jurisdiction declined by reason of conduct.--
3 (1) If it is just and proper under the circumstances,
4 when the petitioner for an initial decree has wrongfully
5 taken the child from another jurisdiction or has engaged in
6 improper conduct intending to benefit his position in a
7 custody proceeding, upon presentation of the petition, the
8 court shall decline to exercise jurisdiction or shall
9 exercise jurisdiction only to issue an order, pending a full
10 hearing in the appropriate jurisdiction, returning the
11 parties to the custodial status quo existing prior to the
12 improper conduct or wrongful taking unless the petitioner can
13 show that conditions in the former custodial household are
14 physically or emotionally harmful to the child.
15 (2) Unless required in the interest of the child, the
16 court shall not exercise its jurisdiction to modify a custody
17 decree of another court if the petitioner, without consent of
18 the person entitled to custody has:
19 (i) improperly removed the child from the physical
20 custody of the person entitled to custody;
21 (ii) improperly retained the child after a visit or
22 other temporary relinquishment of physical custody; or
23 (iii) removed the child from the jurisdiction of the
24 court entering the decree without 20 days written notice
25 to the court entering the decree and any party entitled
26 to custody or visitation rights under the terms of the
27 decree.
28 If the petitioner has violated any provision of a custody
29 decree of another court, the court shall decline to exercise
30 its jurisdiction unless the contestant can show that
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1 conditions in the custodial household are physically or
2 emotionally harmful to the child. The burden of proof on this
3 issue is on the contestant requesting the court to take
4 jurisdiction.
5 (3) Subject to general rules, in appropriate cases a
6 court dismissing a petition under this subsection may charge
7 the petitioner with necessary travel and other expenses,
8 including attorneys' fees, incurred by other parties or their
9 witnesses.
10 (g) Statewide orders.--A court may under section 5352(a)
11 (relating to appearance of parties and the child) issue orders
12 to any party to the proceeding who is in any judicial district
13 of this Commonwealth.
14 (h) Modification of custody decrees.--
15 (1) If another court has made a custody decree, a court
16 before which a petition for modification is pending shall not
17 modify the decree of the other court unless it appears to the
18 court before which the petition is pending that the other
19 court which rendered the decree does not have jurisdiction
20 under jurisdictional prerequisites substantially in
21 accordance with this subchapter or has declined to assume
22 jurisdiction to modify its decree and the provisions of
23 subsection (f)(2) will not be violated by an exercise of
24 jurisdiction by the court before which the petition is
25 pending.
26 (2) If a court of this Commonwealth is authorized under
27 paragraph (1) to modify a custody decree of another court it
28 shall give due consideration to the transcript of the record
29 and other documents of all previous proceedings submitted to
30 it in accordance with section 5363 (relating to request for
19850H0253B0270 - 84 -
1 court records of another state).
2 § 5365. International application.
3 The general policies of this subchapter extend to the
4 international area. The provisions of this subchapter relating
5 to the recognition and enforcement of custody decrees of other
6 states apply to custody decrees and decrees involving legal
7 institutions similar in nature to custody institutions rendered
8 by appropriate authorities of other nations if reasonable notice
9 and opportunity to be heard were given to all affected persons.
10 § 5366. Priority.
11 Upon the request of a party to a custody proceeding which
12 raises a question of existence or exercise of jurisdiction under
13 this subchapter the case shall be given calendar priority and
14 handled expeditiously.
15 CHAPTER 55
16 LIABILITY FOR TORTIOUS ACTS OF CHILDREN
17 Sec.
18 5501. Definitions.
19 5502. Liability of parents.
20 5503. Establishing liability in criminal or juvenile
21 proceedings.
22 5504. Establishing liability in civil proceedings.
23 5505. Monetary limits of liability.
24 5506. Double recovery for same injury prohibited.
25 5507. Indemnity or contribution from child prohibited.
26 5508. Liability of parent not having custody or control of
27 child.
28 5509. Other liability of parent or child unaffected.
29 § 5501. Definitions.
30 The following words and phrases when used in this chapter
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1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Child." An individual under 18 years of age.
4 "Injury." Includes injury to the person and theft,
5 destruction or loss of property.
6 "Parent." Includes natural or adoptive parents.
7 "Person." Includes government units and Federal agencies.
8 "Tortious act." A willful tortious act resulting in injury.
9 § 5502. Liability of parents.
10 Any parent whose child is found liable or is adjudged guilty
11 by a court of competent jurisdiction of a tortious act shall be
12 liable to the person who suffers the injury to the extent set
13 forth in this chapter.
14 § 5503. Establishing liability in criminal or juvenile
15 proceedings.
16 (a) General rule.--In any criminal proceeding against a
17 child and in any proceeding against a child under 42 Pa.C.S. Ch.
18 63 (relating to juvenile matters), the court shall ascertain the
19 amount sufficient to fully reimburse any person who has suffered
20 injury because of the tortious act of the child and direct the
21 parents to make payment in the amount not to exceed the
22 limitations set forth in section 5505 (relating to monetary
23 limits of liability).
24 (b) Noncompliance with direction of court.--If the parents
25 fail to comply with the direction of the court, the amount may
26 be recovered in a civil action against the parents or either of
27 them.
28 § 5504. Establishing liability in civil proceedings.
29 (a) Petition.--If a judgment has been rendered against the
30 child in a civil action for injury because of the tortious act
19850H0253B0270 - 86 -
1 of the child and the judgment has not been satisfied within a
2 period of 30 days, the injured person may petition the court for
3 a rule to show cause why judgment should not be entered against
4 the parent.
5 (b) Answer and trial.--The parent may file an answer to the
6 petition and, if there is any dispute as to unlitigated facts,
7 the case shall be set down for trial.
8 (c) Judgment.--If there is no dispute as to the unlitigated
9 facts, the court shall authorize the entry of a judgment against
10 the parent. In no case shall the judgment against the parent
11 exceed the limitations set forth in section 5505 (relating to
12 monetary limits of liability).
13 § 5505. Monetary limits of liability.
14 (a) General rule.--Liability of the parents under this
15 chapter shall be limited to:
16 (1) The sum of $300 for injuries suffered by any one
17 person as a result of one tortious act or continuous series
18 of tortious acts.
19 (2) The sum of $1,000 regardless of the number of
20 persons who suffer injury as a result of one tortious act or
21 continuous series of tortious acts.
22 (b) Proceedings where loss exceeds liability.--In the event
23 that actual loss as ascertained by the court or the judgment
24 against the child exceeds $1,000, the parents shall be
25 discharged from further liability by the payment of $1,000 into
26 court. The court shall cause all aggrieved parties to submit
27 itemized statements of loss in writing and shall make
28 distribution proportionately, whether the claims be for injuries
29 to the person or for theft, destruction or loss of property. The
30 court may take testimony to assist it in making proper
19850H0253B0270 - 87 -
1 distribution and may appoint a master to accomplish this
2 purpose. All costs and fees incurred in these proceedings shall
3 be paid from the $1,000 paid into court.
4 (c) Joint acts by children of same parent.--The limitations
5 on liability set forth in subsections (a) and (b) shall be
6 applicable when two or more children of the same parent engage
7 jointly in the commission of one tortious act or series of
8 tortious acts.
9 § 5506. Double recovery for same injury prohibited.
10 In no case shall there be a double recovery for one injury.
11 Any judgment against a child resulting from a tortious act for
12 which a parent makes payment under this chapter shall be reduced
13 by the amount paid by the parent.
14 § 5507. Indemnity or contribution from child prohibited.
15 The parent shall have no right of indemnity or contribution
16 against the child.
17 § 5508. Liability of parent not having custody or control of
18 child.
19 (a) General rule.--No liability may be imposed upon a parent
20 under this chapter if at the time of commission of the tortious
21 act the parent has neither custody of the child nor is entitled
22 to custody of the child or if the child is institutionalized or
23 emancipated.
24 (b) Exception.--No parent is absolved of liability due to
25 the desertion of the child by the parent.
26 § 5509. Other liability of parent or child unaffected.
27 The liability imposed upon parents by this chapter shall not
28 limit the common law liability of parents for damages caused by
29 a child and shall be separate and apart from any liability which
30 may be imposed upon the child.
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1 PART VII
2 ABUSE OF FAMILY
3 Chapter
4 61. Protection From Abuse
5 63. Child Protective Services
6 CHAPTER 61
7 PROTECTION FROM ABUSE
8 Sec.
9 6101. Short title of chapter.
10 6102. Definitions.
11 6103. Effect of departure to avoid abuse.
12 6104. Commencement of proceedings.
13 6105. Hearings.
14 6106. Relief.
15 6107. Service of orders.
16 6108. Emergency relief by minor judiciary.
17 6109. Arrest for violation of order.
18 6110. Contempt for violation of order or agreement.
19 6111. Procedure and other remedies.
20 § 6101. Short title of chapter.
21 This chapter shall be known and may be cited as the
22 Protection From Abuse Act.
23 § 6102. Definitions.
24 The following words and phrases when used in this chapter
25 shall have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Abuse." The occurrence of one or more of the following acts
28 between family or household members who reside together or
29 family and household members who formerly resided together and
30 both parties continue to have legal access to the residence:
19850H0253B0270 - 89 -
1 (1) Attempting to cause or intentionally, knowingly or
2 recklessly causing bodily injury or serious bodily injury
3 with or without a deadly weapon.
4 (2) Placing by physical menace another in fear of
5 imminent serious bodily injury.
6 (3) Sexually abusing minor children.
7 "Adult." An individual who is 18 years of age or older.
8 "Family or household members." Spouses, persons living as
9 spouses, parents and children, or other persons related by
10 consanguinity or affinity.
11 "Minor." An individual who is not an adult.
12 § 6103. Effect of departure to avoid abuse.
13 The right of plaintiff to relief under this chapter shall not
14 be affected by plaintiff leaving the residence or household to
15 avoid further abuse.
16 § 6104. Commencement of proceedings.
17 (a) General rule.--A person may seek relief under this
18 chapter for that person or any parent or adult household member
19 may seek relief under this chapter on behalf of minor children
20 by filing a petition with the court alleging abuse by the
21 defendant.
22 (b) Affidavit of insufficient funds for fees.--If the
23 plaintiff files an affidavit stating that plaintiff does not
24 have funds available to pay the fees for filing and service, the
25 petition shall be filed and service shall be made without
26 payment of fees and leave of court to proceed in forma pauperis
27 shall not be required.
28 (c) Determination of indigency.--When the petition is filed
29 without payment of fees, the court shall determine at the
30 hearing on the petition if the plaintiff is indigent. If the
19850H0253B0270 - 90 -
1 court finds that the plaintiff is not indigent the court may
2 order the plaintiff to pay the filing fees.
3 § 6105. Hearings.
4 (a) General rule.--Within ten days of the filing of a
5 petition under this chapter a hearing shall be held at which the
6 plaintiff must prove the allegation of abuse by a preponderance
7 of the evidence. The court shall advise the defendant of the
8 right to be represented by counsel.
9 (b) Temporary orders.--The court may enter such temporary
10 orders as it deems necessary to protect the plaintiff or minor
11 children from abuse upon good cause shown in an ex parte
12 proceeding. Immediate and present danger of abuse to the
13 plaintiff or minor children shall constitute good cause for the
14 purposes of this subsection.
15 (c) Continued hearings.--If a hearing under subsection (a)
16 is continued, the court may make or extend such temporary orders
17 under subsection (b) as it deems necessary.
18 § 6106. Relief.
19 (a) General rule.--The court may grant any protection order
20 or approve any consent agreement to bring about a cessation of
21 abuse of the plaintiff or minor children. The order or agreement
22 may include:
23 (1) Directing the defendant to refrain from abusing the
24 plaintiff or minor children.
25 (2) Granting possession to the plaintiff of the
26 residence or household to the exclusion of the defendant by
27 evicting the defendant or restoring possession to the
28 plaintiff when the residence or household is jointly owned or
29 leased by the parties or is owned or leased by the entireties
30 or is owned or leased solely by the plaintiff.
19850H0253B0270 - 91 -
1 (3) When the defendant has a duty to support the
2 plaintiff or minor children living in the residence or
3 household and the defendant is the sole owner or lessee,
4 granting possession to the plaintiff of the residence or
5 household to the exclusion of the defendant by evicting the
6 defendant or restoring possession to the plaintiff or, by
7 consent agreement, allowing the defendant to provide suitable
8 alternate housing.
9 (4) Awarding temporary custody of or establishing
10 temporary visitation rights with regard to minor children.
11 (5) After a hearing in accordance with section 6105(a)
12 (relating to hearings), directing the defendant to pay
13 financial support to those persons the defendant has a duty
14 to support. The support order shall be temporary and any
15 beneficiary of the order must file a complaint for support
16 under the provisions of 42 Pa.C.S. Ch. 67 (relating to
17 support proceedings) within two weeks of the date of the
18 issuance of the protection order. If a complaint for support
19 is not filed, that portion of the protection order requiring
20 the defendant to pay support is void. When there is a
21 subsequent ruling on a complaint for support under 42 Pa.C.S.
22 Ch. 67 the portion of the protection order requiring the
23 defendant to pay support expires.
24 (b) Duration and amendment of order or agreement.--A
25 protection order or approved consent agreement shall be for a
26 fixed period of time not to exceed one year. The court may amend
27 its order or agreement at any time upon subsequent petition
28 filed by either party.
29 (c) Title to real property unaffected.--No order or
30 agreement under this chapter shall in any manner affect title to
19850H0253B0270 - 92 -
1 any real property.
2 § 6107. Service of orders.
3 A copy of an order under this chapter shall be issued to the
4 plaintiff, the defendant and the police department with
5 appropriate jurisdiction to enforce the order or agreement in
6 accordance with the provisions of this chapter or as ordered by
7 the court.
8 § 6108. Emergency relief by minor judiciary.
9 (a) General rule.--When the court is unavailable from the
10 close of business at the end of the week to the resumption of
11 business at the beginning of the week, a petition may be filed
12 before a district justice or judge of the Philadelphia Municipal
13 Court who may grant relief in accordance with section 6106(a)(2)
14 or (3) (relating to relief) if the district justice or judge
15 deems it necessary to protect the plaintiff or minor children
16 from abuse upon good cause shown in an ex parte proceeding.
17 Immediate and present danger of abuse to the plaintiff or minor
18 children shall constitute good cause for the purposes of this
19 subsection.
20 (b) Expiration of order.--An order issued under subsection
21 (a) shall expire as of the resumption of business of the court
22 at the beginning of the week or within 72 hours, whichever
23 occurs sooner, at which time the plaintiff may seek a temporary
24 order from the court.
25 (c) Certification of order to court.--An order issued under
26 this section and any documentation in support thereof shall be
27 immediately certified to the court. The certification to the
28 court shall have the effect of commencing proceedings under
29 section 6104 (relating to commencement of proceedings) and
30 invoking the other provisions of this chapter.
19850H0253B0270 - 93 -
1 § 6109. Arrest for violation of order.
2 (a) General rule.--An arrest for violation of an order
3 issued pursuant to this chapter may be without warrant upon
4 probable cause whether or not the violation is committed in the
5 presence of the police officer. The police officer may verify,
6 if necessary, the existence of a protection order by telephone
7 or radio communication with the appropriate police department.
8 (b) Procedure following arrest.--Subsequent to an arrest the
9 defendant shall be taken without unnecessary delay before the
10 court that issued the order. When that court is unavailable the
11 defendant shall be arraigned before a district justice or the
12 Philadelphia Municipal Court in accordance with general rules.
13 (c) Other emergency powers unaffected.--This section and
14 section 6110 (relating to contempt for violation of order or
15 agreement) shall not be construed to in any way limit any of the
16 other powers for emergency relief provided in this chapter.
17 § 6110. Contempt for violation of order or agreement.
18 (a) General rule.--Upon violation of a protection order or a
19 court approved consent agreement the court may hold the
20 defendant in indirect criminal contempt and punish the defendant
21 in accordance with law.
22 (b) Trial and punishment.--A sentence for contempt under
23 this chapter may include imprisonment up to six months or a fine
24 not to exceed $1,000 or both.
25 § 6111. Procedure and other remedies.
26 Unless otherwise indicated in this chapter, a proceeding
27 under this chapter shall be in accordance with applicable
28 general rules and shall be in addition to any other available
29 civil or criminal remedies.
30 CHAPTER 63
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1 CHILD PROTECTIVE SERVICES
2 Subchapter
3 A. Preliminary Provisions
4 B. Reporting Suspected Child Abuse
5 C. Powers and Duties of Department
6 D. Organization and Responsibilities of Child Protective
7 Service
8 E. Miscellaneous Provisions
9 SUBCHAPTER A
10 PRELIMINARY PROVISIONS
11 Sec.
12 6301. Short title of chapter.
13 6302. Finding and purpose of chapter.
14 6303. Definitions.
15 § 6301. Short title of chapter.
16 This chapter shall be known and may be cited as the Child
17 Protective Services Law.
18 § 6302. Finding and purpose of chapter.
19 (a) Finding.--Abused children are in urgent need of an
20 effective child protective service to prevent them from
21 suffering further injury and impairment.
22 (b) Purpose.--It is the purpose of this chapter to encourage
23 more complete reporting of suspected child abuse and to
24 establish in each county a child protective service capable of
25 investigating such reports swiftly and competently, providing
26 protection for children from further abuse and providing
27 rehabilitative services for children and parents involved so as
28 to ensure the well-being of the child and to preserve and
29 stabilize family life wherever appropriate.
30 (c) Effect on rights of parents.--This chapter does not
19850H0253B0270 - 95 -
1 restrict the generally recognized existing rights of parents to
2 use reasonable supervision and control when raising their
3 children.
4 § 6303. Definitions.
5 The following words and phrases when used in this chapter
6 shall have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Child abuse." Serious physical or mental injury which is
9 not explained by the available medical history as being
10 accidental, sexual abuse, sexual exploitation or serious
11 physical neglect of a child under 18 years of age if the injury,
12 abuse or neglect has been caused by the acts or omissions of the
13 child's parents or by a person responsible for the child's
14 welfare, or any individual residing in the same home as the
15 child, or a paramour of a child's parent. No child shall be
16 deemed to be physically or mentally abused for the sole reason
17 the child is in good faith being furnished treatment by
18 spiritual means through prayer alone in accordance with the
19 tenants and practices of a recognized church or religious
20 denomination by an accredited practitioner thereof or is not
21 provided specified medical treatment in the practice of
22 religious beliefs, or solely on the grounds of environmental
23 factors which are beyond the control of the person responsible
24 for the welfare of the child such as inadequate housing,
25 furnishings, income, clothing and medical care.
26 "Child care." Services which provide protection for and
27 promote the safety and welfare of children pursuant to this
28 chapter. The services include, but are not limited to:
29 (1) Those services which are provided by child day care
30 centers, foster homes, boarding homes, juvenile detention
19850H0253B0270 - 96 -
1 centers and public and private schools.
2 (2) Other services or programs for delinquent or
3 dependent children.
4 (3) Any other services provided to children which are
5 subject to approval, licensure or certification by the
6 department or by a county social service agency or which are
7 provided pursuant to a contract with the department or with a
8 county social service agency.
9 "Child protective service." That section of each county
10 children and youth social service agency required to be
11 established by section 6361 (relating to organization of child
12 protective service)
13 "Department." The Department of Public Welfare of the
14 Commonwealth.
15 "Expunge." To strike out or obliterate entirely so that the
16 expunged information may not be stored, identified or later
17 recovered by any mechanical or electronic means or otherwise.
18 "Family members." Spouses, parents and children or other
19 persons related by consanguinity or affinity.
20 "Founded report." A report made pursuant to this chapter if
21 there has been any judicial adjudication based on a finding that
22 a child who is a subject of the report has been abused.
23 "Indicated report." A report made pursuant to this chapter
24 if an investigation by the child protective service determines
25 that substantial evidence of the alleged abuse exists based on
26 any of the following:
27 (1) Available medical evidence.
28 (2) The child protective service investigation.
29 (3) An admission of the acts of abuse by the parent of
30 the child or person responsible for the welfare of the child.
19850H0253B0270 - 97 -
1 "Secretary." The Secretary of Public Welfare of the
2 Commonwealth.
3 "Sexual abuse." The obscene or pornographic photographing,
4 filming or depiction of children for commercial purposes or the
5 rape, molestation, incest, prostitution or other forms of sexual
6 exploitation of children under circumstances which indicate that
7 the child's health or welfare is harmed or threatened thereby,
8 as determined in accordance with regulations of the department.
9 "Subject of the report." Any child reported to the central
10 register of child abuse and a parent, guardian or other
11 responsible person also named in the report.
12 "Under investigation." A report pursuant to this chapter
13 which is being investigated to determine whether it is
14 "founded," "indicated" or "unfounded."
15 "Unfounded report." Any report made pursuant to this chapter
16 unless the report is a "founded report" or unless an
17 investigation by the appropriate child protective service
18 determines that the report is an "indicated report."
19 SUBCHAPTER B
20 REPORTING SUSPECTED CHILD ABUSE
21 Sec.
22 6311. Persons required to report suspected child abuse.
23 6312. Persons permitted to report suspected child abuse.
24 6313. Reporting procedure.
25 6314. Photographs and X-rays of child subject to report.
26 6315. Taking child into protective custody.
27 6316. Admission to private and public hospitals.
28 6317. Reporting and postmortem investigation of deaths.
29 6318. Immunity from liability.
30 6319. Penalties for failure to report.
19850H0253B0270 - 98 -
1 § 6311. Persons required to report suspected child abuse.
2 (a) General rule.--Persons who, in the course of their
3 employment, occupation or practice of their profession, come
4 into contact with children shall report or cause a report to be
5 made in accordance with section 6313 (relating to reporting
6 procedure) when they have reason to believe, on the basis of
7 their medical, professional or other training and experience,
8 that a child coming before them in their professional or
9 official capacity is an abused child. The privileged
10 communication between any professional person required to report
11 and the patient or client of that person shall not apply to
12 situations involving child abuse and shall not constitute
13 grounds for failure to report as required by this chapter.
14 (b) Enumeration of persons required to report.--Persons
15 required to report under subsection (a) include, but are not
16 limited to, any licensed physician, osteopath, medical examiner,
17 coroner, dentist, optometrist, chiropractor, podiatrist, intern,
18 registered nurse, licensed practical nurse, hospital personnel
19 engaged in the admission, examination, care or treatment of
20 persons, a Christian Science practitioner, school administrator,
21 school teacher, school nurse, social services worker, day care
22 center worker or any other child care or foster care worker,
23 mental health professional, peace officer or law enforcement
24 official.
25 (c) Staff members of institutions, etc.--Whenever a person
26 is required to report under subsection (b) in the capacity as a
27 member of the staff of a medical or other public or private
28 institution, school, facility or agency, that person shall
29 immediately notify the person in charge of the institution,
30 school, facility or agency or the designated agent of the person
19850H0253B0270 - 99 -
1 in charge. Upon notification, the person in charge or the
2 designated agent, if any, shall assume the responsibility and
3 have the legal obligation to report or cause a report to be made
4 in accordance with section 6313. This chapter does not require
5 more than one report from any such institution, school, facility
6 or agency.
7 (d) Civil action for discrimination against person filing
8 report.--Any person who, under this section, is required to
9 report or cause a report of suspected child abuse to be made and
10 who, in good faith, makes or causes the report to be made and,
11 as a result thereof, is discharged from his employment or in any
12 other manner is discriminated against with respect to
13 compensation, hire, tenure, terms, conditions or privileges of
14 employment, may commence an action in the court of common pleas
15 of the county in which the alleged unlawful discharge or
16 discrimination occurred for appropriate relief. If the court
17 finds that the person is an individual who, under this section,
18 is required to report or cause a report of suspected child abuse
19 to be made and who, in good faith, made or caused to be made a
20 report of suspected child abuse and, as a result thereof, was
21 discharged or discriminated against with respect to
22 compensation, hire, tenure, terms, conditions or privileges of
23 employment, it may issue an order granting appropriate relief,
24 including but not limited to reinstatement with back pay. The
25 department may intervene in any action commenced under this
26 subsection.
27 § 6312. Persons permitted to report suspected child abuse.
28 In addition to those persons and officials required to report
29 suspected child abuse, any person may make such a report if that
30 person has reasonable cause to suspect that a child is an abused
19850H0253B0270 - 100 -
1 child.
2 § 6313. Reporting procedure.
3 (a) General rule.--Reports from persons required to report
4 under section 6311 (relating to persons required to report
5 suspected child abuse) shall be made immediately by telephone
6 and in writing within 48 hours after the oral report.
7 (b) Oral reports.--Oral reports shall be made to the
8 department pursuant to Subchapter C (relating to powers and
9 duties of department) and may be made to the appropriate child
10 protective service. When oral reports of suspected child abuse
11 are initially received at the child protective service, the
12 child protective service shall, after seeing to the immediate
13 safety of the child and other children in the home, immediately
14 notify the department of the receipt of the report, which is to
15 be held in the pending complaint file as provided in Subchapter
16 C. The initial child abuse report summary shall be supplemented
17 with a written report when a determination is made as to whether
18 a report of suspected child abuse is a founded report, an
19 unfounded report or an indicated report.
20 (c) Written reports.--Written reports from persons required
21 to report under section 6311 shall be made to the appropriate
22 child protective service in a manner and on forms the department
23 prescribes by regulation. The written reports shall include the
24 following information if available:
25 (1) The names and addresses of the child and the parents
26 or other person responsible for the care of the child if
27 known.
28 (2) Where the suspected abuse occurred.
29 (3) The age and sex of the child.
30 (4) The nature and extent of the suspected child abuse
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1 including any evidence of prior abuse to the child or
2 siblings of the child.
3 (5) The name of the person or persons responsible for
4 causing the suspected abuse if known.
5 (6) Family composition.
6 (7) The relationship of the suspected perpetrator to the
7 child.
8 (8) The source of the report.
9 (9) The person making the report and where that person
10 can be reached.
11 (10) The actions taken by the reporting source including
12 the taking of photographs and X-rays, removal or keeping of
13 the child or notifying the medical examiner or coroner.
14 (11) Any other information which the department may
15 require by regulation.
16 (d) Failure to confirm oral report.--The failure of a person
17 reporting cases of suspected child abuse to confirm an oral
18 report in writing within 48 hours shall not relieve the child
19 protective service from any duties prescribed by this chapter.
20 In such event, the child protective service shall proceed as if
21 a written report were actually made.
22 § 6314. Photographs and X-rays of child subject to report.
23 A person or official required to report cases of suspected
24 child abuse may take or cause to be taken photographs of the
25 areas of trauma visible on a child who is subject to a report
26 and, if medically indicated, cause to be performed a
27 radiological examination on the child. Medical summaries or
28 reports of the photographs or X-rays taken shall be sent to the
29 child protective service at the time the written report is sent
30 or as soon thereafter as possible. Child protective services
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1 shall have access to the actual photographs and X-rays and may
2 obtain them or duplicates of them upon request.
3 § 6315. Taking child into protective custody.
4 (a) General rule.--A child may be taken into protective
5 custody:
6 (1) As provided by 42 Pa.C.S. § 6324 (relating to taking
7 into custody).
8 (2) By a physician examining or treating the child or by
9 the director, or a person specifically designated in writing
10 by the director, of any hospital or other medical institution
11 where the child is being treated if protective custody is
12 immediately necessary to protect the child from further
13 serious physical injury, sexual abuse or serious physical
14 neglect.
15 (b) Duration of custody.--No child may be held in protective
16 custody for more than 24 hours unless the appropriate child
17 protective service is immediately notified that the child has
18 been taken into custody and the child protective service obtains
19 an order from a court of competent jurisdiction permitting the
20 child to be held in custody for a longer period. Each court
21 shall insure that a judge is available 24 hours a day, 365 days
22 a year to accept and decide the actions brought by a child
23 protective service under this subsection within the 24-hour
24 period.
25 (c) Notice of custody.--An individual taking a child into
26 protective custody under this chapter shall immediately, and
27 within 24 hours in writing, notify the parent, guardian or other
28 custodian of the child of the whereabouts of the child and the
29 reasons for the need to take the child into protective custody
30 and shall immediately notify the appropriate child protective
19850H0253B0270 - 103 -
1 service in order that proceedings under 42 Pa.C.S. Ch. 63
2 (relating to juvenile matters) may be initiated, if appropriate.
3 (d) Detention hearing.--In no case shall protective custody
4 under this chapter be maintained longer than 72 hours without a
5 detention hearing. If at the detention hearing it is determined
6 that protective custody shall be continued, the child protective
7 service shall within 48 hours file a petition with the court
8 under 42 Pa.C.S. Ch. 63.
9 (e) Place of detention.--No child taken into protective
10 custody under this chapter may be detained during the protective
11 custody except in an appropriate medical facility, foster home
12 or other appropriate facility approved by the department for
13 this purpose.
14 (f) Conference with parent or other custodian.--A conference
15 between the parent, guardian or other custodian of the child
16 taken into temporary protective custody pursuant to this section
17 and the case worker designated by the child protection service
18 to be responsible for the child shall be held within 48 hours of
19 the time that the child is taken into custody for the purpose
20 of:
21 (1) Explaining to the parent, guardian or other
22 custodian the reasons for the temporary detention of the
23 child and the whereabouts of the child.
24 (2) Expediting, wherever possible, the return of the
25 child to the custody of the parent, guardian or other
26 custodian where custody is no longer necessary.
27 § 6316. Admission to private and public hospitals.
28 (a) General rule.--Children appearing to suffer any physical
29 or mental trauma which may constitute child abuse shall be
30 admitted to and treated in appropriate facilities of private and
19850H0253B0270 - 104 -
1 public hospitals on the basis of medical need and shall not be
2 refused or deprived in any way of proper medical treatment and
3 care.
4 (b) Failure of hospital to admit child.--The failure of a
5 hospital to admit and properly treat and care for a child
6 pursuant to subsection (a) shall be cause for the department to
7 order immediate admittance, treatment and care by the hospital
8 which shall be enforceable, if necessary, by the prompt
9 institution of a civil action by the department. The child,
10 through an attorney, shall also have the additional and
11 independent right to seek immediate injunctive relief and
12 institute an appropriate civil action for damages against the
13 hospital.
14 § 6317. Reporting and postmortem investigation of deaths.
15 A person or official required to report cases of suspected
16 child abuse, including employees of a county children and youth
17 social service agency and its child protective service, who has
18 reasonable cause to suspect that a child died as a result of
19 child abuse shall report that fact to the coroner. The coroner
20 shall accept the report for investigation and shall report his
21 finding to the police, the district attorney, the appropriate
22 child protective service and, if the report is made by a
23 hospital, the hospital.
24 § 6318. Immunity from liability.
25 (a) General rule.--A person, hospital, institution, school,
26 facility or agency participating in good faith in the making of
27 a report or testifying in a proceeding arising out of an
28 instance of suspected child abuse, the taking of photographs or
29 the removal or keeping of a child pursuant to section 6315
30 (relating to taking child into protective custody) shall have
19850H0253B0270 - 105 -
1 immunity from any civil or criminal liability that might
2 otherwise result by reason of those actions.
3 (b) Presumption of good faith.--For the purpose of any civil
4 or criminal proceeding, the good faith of a person required to
5 report pursuant to section 6311 (relating to persons required to
6 report suspected child abuse) shall be presumed.
7 § 6319. Penalties for failure to report.
8 A person or official required by this chapter to report a
9 case of suspected child abuse who willfully fails to do so
10 commits a summary offense for the first violation and a
11 misdemeanor of the third degree for a second or subsequent
12 violation.
13 SUBCHAPTER C
14 POWERS AND DUTIES OF DEPARTMENT
15 Sec.
16 6331. Establishment of pending complaint file and Statewide
17 central register.
18 6332. Establishment of Statewide toll-free telephone number.
19 6333. Continuous availability of department.
20 6334. Disposition of complaints received.
21 6335. Information in pending complaint file.
22 6336. Information in Statewide central register.
23 6337. Disposition of unfounded reports.
24 6338. Disposition of founded and indicated reports.
25 6339. Confidentiality of reports.
26 6340. Release of information in confidential reports.
27 6341. Amendment, sealing or expungement of information.
28 6342. Studies of data in records.
29 6343. Investigating performance of child protective service.
30 6344. Investigating prospective employees of child care
19850H0253B0270 - 106 -
1 programs.
2 6345. Audits by Attorney General.
3 6346. Cooperation of other agencies.
4 6347. Annual reports to Governor and General Assembly.
5 6348. Regulations.
6 6349. Penalties.
7 § 6331. Establishment of pending complaint file and Statewide
8 central register.
9 There shall be established in the department:
10 (1) A pending complaint file of child abuse reports
11 under investigation.
12 (2) A Statewide central register of child abuse which
13 shall consist of founded and indicated reports of child
14 abuse.
15 § 6332. Establishment of Statewide toll-free telephone number.
16 (a) General rule.--The department shall establish a single
17 Statewide toll-free telephone number that all persons, whether
18 mandated by law or not, may use to report cases of suspected
19 child abuse. A child protective service may use the Statewide
20 toll-free telephone number for determining the existence of
21 prior founded or indicated reports of child abuse in the
22 Statewide central register or reports under investigation in the
23 pending complaint file.
24 (b) Limitation on use.--A child protective service may only
25 request and receive information pursuant to this subsection
26 either on its own behalf because it has received a report of
27 suspected child abuse or on behalf of a physician examining or
28 treating a child or on behalf of the director or a person
29 specifically designated in writing by the director of any
30 hospital or other medical institution where a child is being
19850H0253B0270 - 107 -
1 treated, where the physician or the director or a person
2 specifically designated in writing by the director suspects the
3 child of being an abused child.
4 § 6333. Continuous availability of department.
5 The department shall be capable of receiving oral reports of
6 child abuse made pursuant to this chapter and report summaries
7 of child abuse from child protective services and shall be
8 capable of immediately identifying prior reports of child abuse
9 in the Statewide central register and reports under
10 investigation in the pending complaint file and of monitoring
11 the provision of child protective services 24 hours a day, seven
12 days a week.
13 § 6334. Disposition of complaints received.
14 (a) Notice to child protective service.--Upon receipt of a
15 complaint of suspected child abuse, the department shall
16 immediately transmit orally to the appropriate child protective
17 service notice that the complaint of suspected child abuse has
18 been received and the substance of the complaint. If the
19 Statewide central register or the pending complaint file
20 contains information indicating a prior report or a current
21 investigation concerning a subject of the report, the department
22 shall immediately notify the appropriate child protective
23 service of this fact.
24 (b) Referral for services or investigation.--If the
25 complaint received does not suggest suspected child abuse but
26 does suggest a need for social services or other services or
27 investigation, the department shall transmit the information to
28 the county children and youth social service agency or other
29 public agency for appropriate action. The information shall not
30 be considered a child abuse report unless the agency to which
19850H0253B0270 - 108 -
1 the information was referred has reason to believe after
2 investigation that abuse occurred. If the agency has reason to
3 believe that abuse occurred, the agency shall notify the
4 department and the initial complaint shall be considered to have
5 been a child abuse report.
6 (c) Recording in pending complaint file.--Upon receipt of a
7 complaint of suspected child abuse, the department shall
8 maintain a record of the complaint of suspected child abuse in
9 the pending complaint file.
10 § 6335. Information in pending complaint file.
11 (a) Information authorized.--No information other than that
12 permitted to be retained in the Statewide central register in
13 section 6336 (relating to information in Statewide central
14 register) shall be retained in the pending complaint file or
15 otherwise by the department.
16 (b) Access to information.--Except as provided in sections
17 6332 (relating to establishment of Statewide toll-free telephone
18 number), 6334 (relating to disposition of complaints received),
19 6340 (relating to release of information in confidential
20 reports) and 6342 (relating to studies of data in records), no
21 person, other than an employee of the department in the course
22 of official duties in connection with the responsibilities of
23 the department under this chapter, shall at any time have access
24 to any information in the pending complaint file or Statewide
25 central register.
26 § 6336. Information in Statewide central register.
27 (a) Information authorized.--The Statewide central register
28 shall include and shall be limited to the following information:
29 (1) The names, age and sex of the subjects of the
30 reports.
19850H0253B0270 - 109 -
1 (2) The date or dates and the nature and extent of the
2 alleged instances of suspected child abuse.
3 (3) The home addresses of the subjects of the report.
4 (4) The county in which the suspected abuse occurred.
5 (5) Family composition.
6 (6) The name and relationship to the abused child of the
7 person or persons responsible for causing the abuse.
8 (7) The source of the report.
9 (8) Services planned or provided.
10 (9) Whether the report is a founded report or an
11 indicated report.
12 (10) The progress of any legal proceedings brought on
13 the basis of the report of suspected child abuse.
14 No information other than that permitted in this subsection
15 shall be retained in the Statewide central register, the pending
16 complaint file or otherwise by the department.
17 (b) Type of information released.--Except as provided in
18 sections 6334 (relating to disposition of complaints received),
19 6335 (relating to information in pending complaint file), 6340
20 (relating to release of information in confidential reports) and
21 6342 (relating to studies of data in records), persons receiving
22 information from the Statewide central register or pending
23 complaint file may be informed only as to:
24 (1) Whether the report is a founded or indicated abuse
25 or is under investigation.
26 (2) The number of founded and indicated reports.
27 (3) The nature and extent of the alleged or actual
28 instances of suspected child abuse.
29 (4) The county in which the reports are investigated.
30 (c) Limitation on release of information.--Except as
19850H0253B0270 - 110 -
1 provided in sections 6334, 6335, 6340 and 6342, no information
2 shall be released from the Statewide central register or pending
3 complaint file unless pursuant to section 6332 (relating to
4 establishment of Statewide toll-free telephone number) and
5 unless the department has positively identified the
6 representative of the child protective service requesting the
7 information and the department has inquired into and is
8 satisfied that the representative has a legitimate need, within
9 the scope of official duties and the provisions of section 6332,
10 to obtain the information. Information in the Statewide central
11 register or pending complaint file shall not be released for any
12 purpose or to any individual not specified in section 6340.
13 § 6337. Disposition of unfounded reports.
14 (a) General rule.--When a report of suspected child abuse is
15 determined by the appropriate child protective service to be an
16 unfounded report, the information concerning that report of
17 suspected child abuse shall be expunged from the pending
18 complaint file within 12 months of the date the report was
19 received by the department and no information other than that
20 authorized by subsection (b), which shall not include any
21 identifying information on any subject of the report, shall be
22 retained by the department.
23 (b) Absence of other determination.--If an investigation of
24 a report of suspected child abuse conducted by the appropriate
25 child protective service pursuant to this chapter does not
26 determine within 60 days of the date of the initial report of
27 the instance of suspected child abuse that the report is an
28 indicated report or an unfounded report, or unless within that
29 same 60-day period court action has been initiated and is
30 responsible for the delay, the report shall be considered to be
19850H0253B0270 - 111 -
1 an unfounded report and all information identifying the subjects
2 of the report shall be expunged within 12 months. The agency
3 shall advise the department that court action has been initiated
4 so that the pending complaint file is kept current regarding the
5 status of all legal proceedings and expungement delayed. Nothing
6 in this subsection shall in any way limit the powers and duties
7 of the department as provided in section 6343 (relating to
8 investigating performance of child protective service).
9 (c) Expungement of information.--All information identifying
10 the subjects of any report of suspected child abuse determined
11 to be an unfounded report shall be expunged from the pending
12 complaint file within 12 months of the date the report was
13 received by the department. The expungement shall be mandated
14 and guaranteed by the department.
15 § 6338. Disposition of founded and indicated reports.
16 (a) General rule.--When a report of suspected child abuse is
17 determined by the appropriate child protective service to be a
18 founded report or an indicated report, the information
19 concerning that report of suspected child abuse shall be
20 expunged immediately from the pending complaint file and an
21 appropriate entry shall be made in the Statewide central
22 register. Notice of the determination must be given to the
23 subjects of the report, other than the abused child, along with
24 an explanation of the implications of the determination.
25 (b) Expungement of information when child attains 18 years
26 of age.--All information identifying the subjects of all
27 indicated reports and all information identifying the subject
28 child of all founded reports shall be expunged when the subject
29 child reaches the age of 18 years, unless another report is
30 received involving the same child, his sibling or offspring, or
19850H0253B0270 - 112 -
1 another child in the care of the persons responsible for the
2 subject child's welfare. The identifying information may then be
3 maintained in the register for five years after the subsequent
4 case or report is closed. The expungement shall be mandated and
5 guaranteed by the department.
6 § 6339. Confidentiality of reports.
7 Except as otherwise provided in this subchapter, reports made
8 pursuant to this chapter including, but not limited to, report
9 summaries of child abuse and written reports made pursuant to
10 section 6313(b) and (c) (relating to reporting procedure) as
11 well as any other information obtained, reports written or
12 photographs or X-rays taken concerning alleged instances of
13 child abuse in the possession of the department, a county
14 children and youth social service agency or a child protective
15 service shall be confidential.
16 § 6340. Release of information in confidential reports.
17 (a) General rule.--Reports specified in section 6339
18 (relating to confidentiality of reports) shall only be made
19 available to:
20 (1) An authorized official of a child protective service
21 in the course of official duties, multidisciplinary team
22 members assigned to the case and duly authorized persons
23 providing services pursuant to section 6370(a) (relating to
24 services for protection of child at home or in custody).
25 (2) A physician examining or treating a child or the
26 director or a person specifically designated in writing by
27 the director of any hospital or other medical institution
28 where a child is being treated when the physician or the
29 director or the designee of the director suspect the child of
30 being an abused child.
19850H0253B0270 - 113 -
1 (3) A guardian ad litem for the child.
2 (4) An authorized official or agent of the department in
3 accordance with department regulations or in accordance with
4 the conduct of a performance audit as authorized by section
5 6343 (relating to investigating performance of child
6 protective service).
7 (5) A court of competent jurisdiction pursuant to a
8 court order.
9 (6) A standing committee of the General Assembly, as
10 specified in section 6384 (relating to legislative
11 oversight).
12 (7) The Attorney General.
13 (8) Federal auditors if required for Federal financial
14 participation in funding of agencies except that Federal
15 auditors may not have access to identifiable reports.
16 (9) Law enforcement officials in the course of
17 investigating cases of:
18 (i) Homicide, sexual abuse, sexual exploitation or
19 serious bodily injury perpetrated by persons whether or
20 not related to the victim.
21 (ii) Child abuse perpetrated by persons who are not
22 family members.
23 (iii) Repeated physical injury to a child under
24 circumstances which indicate that the child's health or
25 welfare is harmed or threatened.
26 (10) Law enforcement officials who shall receive reports
27 of abuse in which the initial review gives evidence that the
28 abuse is homicide, sexual abuse, sexual exploitation or
29 serious bodily injury perpetrated by persons whether or not
30 related to the victim, or child abuse perpetrated by persons
19850H0253B0270 - 114 -
1 who are not family members. Reports referred to law
2 enforcement officials shall be on forms provided by and
3 according to regulations promulgated by the department.
4 (11) County commissioners, to whom the department shall
5 forward specific files upon request, for review when
6 investigating the competence of county children and youth
7 employees.
8 (b) Release of information to subject child.--At any time
9 and upon written request, a subject of a report may receive a
10 copy of all information, except that prohibited from being
11 disclosed by subsection (c), contained in the Statewide central
12 register or in any report filed pursuant to section 6313
13 (relating to reporting procedure).
14 (c) Protecting identity of person making report.--The
15 release of data that would identify the person who made a report
16 of suspected child abuse or the person who cooperated in a
17 subsequent investigation is prohibited unless the secretary
18 finds that the release will not be detrimental to the safety of
19 that person.
20 (d) Definition.--As used in this section "serious bodily
21 injury" means bodily injury which creates a substantial risk of
22 death or which causes serious permanent disfigurement or
23 protracted loss or impairment of the function of any bodily
24 member or organ.
25 § 6341. Amendment, sealing or expungement of information.
26 (a) General rule.--At any time:
27 (1) The secretary may amend, seal or expunge any record
28 upon good cause shown and notice to the appropriate subjects
29 of the report.
30 (2) A subject of a report may request the secretary to
19850H0253B0270 - 115 -
1 amend, seal or expunge information contained in the Statewide
2 central register on the grounds that it is inaccurate or it
3 is being maintained in a manner inconsistent with this
4 chapter.
5 (b) Review of grant of request.--If the secretary grants the
6 request under subsection (a)(2), the Statewide central register,
7 appropriate child protective service agency and all subjects
8 shall be so advised within seven days from the date of the
9 decision. The child protective service agency and any subject
10 have 45 days in which to file an appeal with the secretary. If
11 an appeal is received, the secretary or his designated agent
12 shall schedule a hearing pursuant to Article IV of the act of
13 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code,
14 and attending departmental regulations. If no appeal is received
15 within the designated time period, the Statewide central
16 register shall comply with the decision of the secretary and
17 advise the child protective service agency to amend, seal or
18 expunge the information in their records so that the records are
19 consistent at both the State and local levels.
20 (c) Review of refusal of request.--If the secretary refuses
21 the request under subsection (a)(2) or does not act within a
22 reasonable time, but in no event later than 30 days after
23 receipt of the request, the subject shall have the right to a
24 hearing before the secretary or a designated agent of the
25 secretary to determine whether the summary in the Statewide
26 central register or the contents of any report filed pursuant to
27 section 6313 should be amended, sealed or expunged on the
28 grounds that it is inaccurate or that it is being maintained in
29 a manner inconsistent with this chapter. The appropriate child
30 protective service shall be given notice of the hearing. The
19850H0253B0270 - 116 -
1 burden of proof in the hearing shall be on the appropriate child
2 protective service. The department shall assist the child
3 protective service as necessary. In the hearings, the fact that
4 there was a court finding of child abuse shall be presumptive
5 evidence that the report was substantiated.
6 (d) Order.--The secretary or designated agent may make any
7 appropriate order respecting the amendment or expungement of
8 such records to make them accurate or consistent with the
9 requirements of this chapter.
10 (e) Notice of expungement.--Written notice of an expungement
11 of any record, made pursuant to the provisions of this chapter,
12 shall be served upon the subject of the record who was
13 responsible for the abuse and the appropriate child protective
14 service. The latter, upon receipt of the notice, shall take
15 appropriate, similar action in regard to the local child abuse
16 records and inform, for the same purpose, the appropriate
17 coroner if that officer has received reports pursuant to section
18 6367 (relating to reports to department and coroner). Whenever
19 the investigation reveals that the report is unfounded but that
20 the subjects need services and voluntarily accept services, the
21 county children and youth social service agency may retain those
22 portions of its records which do not specifically identify the
23 source of the investigation or report as suspected child abuse.
24 (f) Access to sealed record.--Once sealed, a record shall
25 not be otherwise available except as provided in section 6342
26 (relating to studies of data in records) or except if the
27 secretary, upon notice to the subjects of the report, gives
28 personal approval for an appropriate reason.
29 § 6342. Studies of data in records.
30 The department may conduct or authorize the conducting of
19850H0253B0270 - 117 -
1 studies of the data contained in the pending complaint file and
2 the Statewide central register and county agencies and
3 distribute the results of the studies. No study may contain the
4 name or other information by which a subject of a report could
5 be identified. The department may allow Federal auditors access
6 to nonidentifiable duplicates of reports in the pending
7 complaint file and the Statewide central register if required
8 for Federal financial participation in funding of agencies.
9 § 6343. Investigating performance of child protective service.
10 (a) General rule.--If within 30 days from the date of an
11 initial report of suspected child abuse the appropriate child
12 protective service has not properly investigated the report and
13 informed the department that the report is an indicated report
14 or an unfounded report, or unless within that same 30-day period
15 the report is determined to be a founded report, the department
16 shall immediately begin an inquiry into the performance of the
17 child protective service which inquiry may include a performance
18 audit of the child protective service as provided in subsection
19 (b). On the basis of that inquiry, the department shall take
20 appropriate action to require that the provisions of this
21 chapter be strictly followed, which action may include, without
22 limitation, the institution of appropriate legal action and the
23 withholding of reimbursement for all or part of the activities
24 of the county children and youth social service agency.
25 (b) Performance audit.--Notwithstanding any other provision
26 of this chapter, the secretary or a designee of the secretary
27 may direct, at their discretion, a performance audit of any
28 activity engaged in pursuant to this chapter.
29 § 6344. Investigating prospective employees of child care
30 programs.
19850H0253B0270 - 118 -
1 (a) Duty of administrator.--Prior to employing a person in a
2 child care program, the administrator of the program shall:
3 (1) Obtain a report of criminal history record
4 information regarding the person from the Pennsylvania State
5 Police pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
6 history record information) or a statement that no such
7 information exists.
8 (2) Submit a written request to the department for
9 verification of the existence or nonexistence of a founded or
10 indicated report regarding the person and the date or dates
11 of the report. The request to the department shall include a
12 copy of the employment application of the person which shall
13 include a statement by which the person authorizes the
14 verification request.
15 (b) Duty of department.--Upon receipt of the request under
16 subsection (a)(2), the department shall verify, in writing, the
17 existence or nonexistence of a founded or indicated report
18 regarding the person and the date or dates thereof. The
19 information shall be used for the sole purpose of determining
20 the suitability of the person for employment in a child care
21 program.
22 (c) Penalty.--The administrator of a child care facility
23 commits a misdemeanor of the third degree, punishable by a fine
24 not exceeding $2,500, if he employs any person without first
25 obtaining the information required under this section.
26 § 6345. Audits by Attorney General.
27 The Attorney General shall conduct a mandated audit done
28 randomly but at least once during each year on an unannounced
29 basis to ensure that the expungement requirements of this
30 chapter are being fully and properly conducted.
19850H0253B0270 - 119 -
1 § 6346. Cooperation of other agencies.
2 The secretary may request and shall receive from Commonwealth
3 agencies, political subdivisions, an authorized agency or any
4 other agency providing services under the local child protective
5 services plan any assistance and data that will enable the
6 department and the child protective services to fulfill their
7 responsibilities properly, including law enforcement personnel
8 when assistance is needed in conducting an investigation of
9 alleged child abuse. School districts shall cooperate with the
10 department and the agency by providing them upon request with
11 such information as is consistent with law.
12 § 6347. Annual reports to Governor and General Assembly.
13 No later than April 15 of every year, the secretary shall
14 prepare and transmit to the Governor and the General Assembly a
15 report on the operations of the central register of child abuse
16 and the various child protective services. The report shall
17 include a full statistical analysis of the reports of suspected
18 child abuse made to the department together with a report on the
19 implementation of this chapter and its total cost to the
20 Commonwealth, the evaluation of the secretary of services
21 offered under this chapter and recommendations for repeal or for
22 additional legislation to fulfill the purposes of this chapter.
23 All such recommendations should contain an estimate of increased
24 or decreased costs resulting therefrom.
25 § 6348. Regulations.
26 The department shall adopt regulations necessary to implement
27 this chapter.
28 § 6349. Penalties.
29 (a) Failure to amend or expunge information.--
30 (1) A person or official authorized to keep the records
19850H0253B0270 - 120 -
1 mentioned in section 6337 (relating to disposition of
2 unfounded reports) or 6338 (relating to disposition of
3 founded and indicated reports) who willfully fails to expunge
4 the information when required commits a summary offense for
5 the first violation and a misdemeanor of the third degree for
6 a second or subsequent violation.
7 (2) A person who willfully fails to obey a final order
8 of the secretary or designated agent of the secretary to
9 amend or expunge the summary of the report in the Statewide
10 central register or the contents of any report filed pursuant
11 to section 6313 (relating to reporting procedure) commits a
12 summary offense.
13 (b) Unauthorized release of information.--A person who
14 willfully releases or permits the release of any data and
15 information contained in the pending complaint file, the
16 Statewide central register or the child welfare records required
17 by this chapter, including records maintained by any county
18 children and youth social service agency and any child
19 protective service, to persons or agencies not permitted by this
20 chapter commits a misdemeanor of the third degree.
21 SUBCHAPTER D
22 ORGANIZATION AND RESPONSIBILITIES OF
23 CHILD PROTECTIVE SERVICE
24 Sec.
25 6361. Organization of child protective service.
26 6362. Responsibilities of child protective service.
27 6363. Local plan for child protective services.
28 6364. Purchasing services of other agencies.
29 6365. Services for prevention and treatment of child abuse.
30 6366. Continuous availability to receive reports.
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1 6367. Reports to department and coroner.
2 6368. Investigation of reports.
3 6369. Taking child into protective custody.
4 6370. Services for protection of child at home or in custody.
5 6371. Rehabilitative services for child and family.
6 6372. Protecting well-being of children detained outside home.
7 § 6361. Organization of child protective service.
8 (a) Establishment.--Unless the department finds it is
9 unfeasible, every county children and youth social service
10 agency shall establish a "Child Protective Service" within the
11 agency. The department may waive the requirement that a county
12 establish a separate child protective service upon a showing by
13 the county that:
14 (1) A separate child protective service:
15 (i) would not be conducive to the best interests of
16 all children within the county who need public child
17 welfare services; and
18 (ii) would not be feasible or economical.
19 (2) The goals and objectives of this chapter will
20 continue to be met if a waiver is granted.
21 If the department grants a waiver under this subsection, the
22 county shall be bound by all other provisions of this chapter,
23 including requirements concerning the maintenance and disclosure
24 of confidential information and records.
25 (b) Staff and organization.--The child protective service
26 shall have a sufficient staff of sufficient qualifications to
27 fulfill the purposes of this chapter and be organized in such a
28 way as to maximize the continuity of responsibility, care and
29 services of individual workers toward individual children and
30 families.
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1 (c) Functions authorized.--The child protective service
2 shall perform those functions assigned by this chapter to it and
3 only such others that would further the purposes of this
4 chapter.
5 § 6362. Responsibilities of child protective service.
6 (a) General rule.--The child protective service shall be the
7 sole civil agency responsible for receiving and investigating
8 all reports of child abuse made pursuant to this chapter
9 specifically including, but not limited to, reports of child
10 abuse in facilities operated by the department and other public
11 agencies, for the purpose of providing protective services to
12 prevent further abuses to children and to provide or arrange for
13 and monitor the provision of those services necessary to
14 safeguard and ensure the well-being and development of the child
15 and to preserve and stabilize family life wherever appropriate.
16 (b) Assumption of responsibility by department.--When the
17 suspected abuse has been committed by the county children and
18 youth social service agency or any of its agents or employees,
19 the department shall assume the role of the agency with regard
20 to the investigation and directly refer the child for services.
21 (c) Action by agencies for abuse by agents or employees.--
22 Where suspected child abuse has occurred and an employee or
23 agent of the department or the county children and youth social
24 service agency or a private or public institution is a subject
25 of the report, the department, agency or institution shall be
26 informed of the investigation so that it may take appropriate
27 action.
28 § 6363. Local plan for child protective services.
29 (a) General rule.--No later than once each year as required
30 by the department each county agency child protective service
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1 shall prepare and submit a local plan for the provision of child
2 protective services. The local plan may be a component of a
3 county human service plan or a children and youth plan which may
4 be required by the act of June 13, 1967 (P.L.31, No.21), known
5 as the Public Welfare Code.
6 (b) Certification by department.--The department shall
7 certify whether or not the local plan fulfills the purposes of
8 and meets the requirements set forth in this chapter. If the
9 department certifies that the local plan does not do so, the
10 department shall state the reasons therefor and may withhold
11 reimbursement for all or part of the activities of the agency.
12 If the department finds that a proposed local plan does not meet
13 the requirements set forth in this chapter, the child protective
14 service shall revise the local plan in accordance with the
15 reasons of the department for disapproval.
16 § 6364. Purchasing services of other agencies.
17 Any other provision of law notwithstanding but consistent
18 with sections 6361 (relating to organization of child protective
19 service) and 6362 (relating to responsibilities of child
20 protective service), the county children and youth social
21 service agency, based upon the local plan of services as
22 provided in section 6363 (relating to local plan for child
23 protective services), may purchase and utilize the services of
24 any appropriate public or private agency.
25 § 6365. Services for prevention and treatment of child abuse.
26 Each child protective service shall make available among its
27 services for the prevention and treatment of child abuse
28 multidisciplinary teams, instruction and education for
29 parenthood, protective and preventive social counseling,
30 emergency caretaker services, emergency shelter care, emergency
19850H0253B0270 - 124 -
1 medical services and the establishment of groups organized by
2 former abusing parents to encourage self-reporting and self-
3 treatment of present abusers.
4 § 6366. Continuous availability to receive reports.
5 Each child protective service shall receive 24 hours a day,
6 seven days a week all reports, both oral and written, of
7 suspected child abuse in accordance with this chapter, the local
8 plan for the provision of child protective services and the
9 regulations of the department.
10 § 6367. Reports to department and coroner.
11 (a) Reports to department.--Upon the receipt of each report
12 of suspected child abuse made pursuant to this chapter, the
13 child protective service shall immediately transmit a child
14 abuse report summary as provided in section 6313 (relating to
15 reporting procedure) to the department. Supplemental reports
16 shall be made at regular intervals thereafter in a manner and
17 form the department prescribes by regulation to the end that the
18 department is kept fully informed and up-to-date concerning the
19 status of reports of child abuse.
20 (b) Reports to coroner.--The child protective service shall
21 give telephone notice and forward immediately a copy of reports
22 made pursuant to this chapter which involve the death of a child
23 to the appropriate coroner pursuant to section 6317 (relating to
24 reporting and postmortem investigation of deaths).
25 § 6368. Investigation of reports.
26 (a) General rule.--Upon receipt of each report of suspected
27 child abuse, the child protective service shall commence within
28 24 hours an appropriate investigation which shall include a
29 determination of the risk to the child or children if they
30 continue to remain in the existing home environment as well as a
19850H0253B0270 - 125 -
1 determination of the nature, extent and cause of any condition
2 enumerated in the report and, after seeing to the safety of the
3 child or children, immediately notify the subjects of the report
4 in writing of the existence of the report and their rights
5 pursuant to this chapter in regard to amendment or expungement.
6 (b) Conditions outside home environment.--The investigation
7 shall determine whether the child is being harmed by factors
8 beyond the control of the parent or other person responsible for
9 the welfare of the child and, if so determined, the child
10 protective service shall promptly take all available steps to
11 remedy and correct these conditions including but not limited to
12 the coordination of social services for the child and the
13 family.
14 (c) Limitation of actions.--The investigation shall be
15 completed within 30 days. The child protective service shall
16 determine, within 30 days, whether the report is "founded,"
17 "indicated" or "unfounded."
18 § 6369. Taking child into protective custody.
19 Pursuant to the provisions of section 6315 (relating to
20 taking child into protective custody) and after court order, the
21 child protective service shall take a child into protective
22 custody for protection from further abuse. No child protective
23 service worker may enter the home of any individual for this
24 purpose without judicial authorization.
25 § 6370. Services for protection of child at home or in custody.
26 (a) General rule.--Based on the investigation and evaluation
27 conducted pursuant to this chapter, the child protective service
28 shall provide or contract with private or public agencies for
29 the protection of the child at home whenever possible and those
30 services necessary for adequate care of the child when placed in
19850H0253B0270 - 126 -
1 protective custody. Prior to offering these services to a
2 family, the agency shall explain that it has no legal authority
3 to compel the family to receive the services but may inform the
4 family of the obligations and authority of the child protective
5 service to initiate appropriate court proceedings.
6 (b) Initiation of court proceedings.--In those cases in
7 which an appropriate offer of service is refused and the child
8 protective service determines, or if the service for any other
9 appropriate reason determines that the best interests of the
10 child require court action, the child protective service shall
11 initiate the appropriate court proceeding. The child protective
12 service shall assist the court during all stages of the court
13 proceeding in accordance with the purposes of this chapter.
14 § 6371. Rehabilitative services for child and family.
15 The child protective service shall provide or arrange for and
16 monitor rehabilitative services for children and their families
17 on a voluntary basis or under a final or intermediate order of
18 the court.
19 § 6372. Protecting well-being of children detained outside
20 home.
21 The child protective service shall be as equally vigilant of
22 the status, well-being and conditions under which a child is
23 living and being maintained in a facility other than that of a
24 parent, custodian or guardian from which the child has been
25 removed as the service is of the conditions in the dwelling of
26 the parent, custodian or guardian. Where the child protective
27 service finds that the placement for any temporary or permanent
28 custody, care or treatment is for any reason inappropriate or
29 harmful to the physical or mental well-being of the child, it
30 shall take immediate steps to remedy these conditions including
19850H0253B0270 - 127 -
1 petitioning the court.
2 SUBCHAPTER E
3 MISCELLANEOUS PROVISIONS
4 Sec.
5 6381. Evidence in court proceedings.
6 6382. Guardian ad litem for child in court proceedings.
7 6383. Education and training.
8 6384. Legislative oversight.
9 § 6381. Evidence in court proceedings.
10 (a) General rule.--In addition to the rules of evidence
11 provided under 42 Pa.C.S. Ch. 63 (relating to juvenile matters),
12 the rules of evidence in this section shall govern in child
13 abuse proceedings in court.
14 (b) Reports of unavailable persons.--Whenever a person
15 required to report under this chapter is unavailable due to
16 death or removal from the jurisdiction of the court, the written
17 report of that person shall be admissible in evidence in any
18 proceedings arising out of child abuse other than proceedings
19 under Title 18 (relating to crimes and offenses). Any hearsay
20 contained in the reports shall be given such weight, if any, as
21 the court determines to be appropriate under all of the
22 circumstances. However, any hearsay contained in a written
23 report shall not of itself be sufficient to support an
24 adjudication based on abuse.
25 (c) Privileged communications.--Except for privileged
26 communications between a lawyer and a client and between a
27 minister and a penitent, a privilege of confidential
28 communication between husband and wife or between any
29 professional person, including but not limited to physicians,
30 psychologists, counselors, employees of hospitals, clinics, day
19850H0253B0270 - 128 -
1 care centers and schools and their patients or clients, shall
2 not constitute grounds for excluding evidence at any proceeding
3 regarding child abuse or the cause of child abuse.
4 (d) Prima facie evidence of abuse.--Evidence that a child
5 has suffered serious physical injury, sexual abuse or serious
6 physical neglect of such a nature as would ordinarily not be
7 sustained or exist except by reason of the acts or omissions of
8 the parent or other person responsible for the welfare of the
9 child shall be prima facie evidence of child abuse by the parent
10 or other person responsible for the welfare of the child.
11 § 6382. Guardian ad litem for child in court proceedings.
12 (a) Appointment.--When a proceeding has been initiated
13 alleging child abuse, the court shall appoint a guardian ad
14 litem for the child. The guardian ad litem shall be an attorney
15 at law.
16 (b) Powers and duties.--The guardian ad litem shall be given
17 access to all reports relevant to the case and to any reports of
18 examination of the parents or other custodian of the child
19 pursuant to this chapter. The guardian ad litem shall be charged
20 with the representation of the best interests of the child at
21 every stage of the proceeding and shall make such further
22 investigation necessary to ascertain the facts, interview
23 witnesses, examine and cross-examine witnesses, make
24 recommendations to the court and participate further in the
25 proceedings to the degree appropriate for adequately
26 representing the child.
27 (c) Duty of court.--The court shall, upon consideration of
28 the petition of any attorney for the child, order a local child
29 protective service or other agency to establish and implement,
30 fully and promptly, appropriate services, treatment and plans
19850H0253B0270 - 129 -
1 for a child found in need of them. The court shall also, upon
2 consideration of the petition of an attorney for the child,
3 terminate or alter the conditions of any temporary or permanent
4 placement of a child.
5 § 6383. Education and training.
6 The department and each child protective service, both
7 jointly and individually, shall conduct a continuing publicity
8 and education program for the citizens of this Commonwealth
9 aimed at the prevention of child abuse, the identification of
10 abused children and the provision of necessary ameliorative
11 services to abused children and their families. In addition, the
12 department and each child protective service shall conduct an
13 ongoing training and education program for local staff, persons
14 required to make reports and other appropriate persons in order
15 to familiarize those persons with the reporting and
16 investigative procedures for cases of suspected child abuse and
17 the rehabilitative services that are available to children and
18 families.
19 § 6384. Legislative oversight.
20 A committee of the Senate designated by the President pro
21 tempore of the Senate and a committee of the House of
22 Representatives designated by the Speaker of the House of
23 Representatives, either jointly or separately, shall review the
24 manner in which this chapter has been administered at the State
25 and local level for the following purposes:
26 (1) Providing information that will aid the General
27 Assembly in its oversight responsibilities.
28 (2) Enabling the General Assembly to determine whether
29 the programs and services mandated by this chapter are
30 effectively meeting the goals of this chapter.
19850H0253B0270 - 130 -
1 (3) Assisting the General Assembly in measuring the
2 costs and benefits of this program and the effects and side-
3 effects of mandated program services.
4 (4) Permitting the General Assembly to determine whether
5 the confidentiality of records mandated by this chapter is
6 being maintained at the State and local level.
7 (5) Providing information that will permit State and
8 local program administrators to be held accountable for the
9 administration of the programs mandated by this chapter.
10 Section 3. Amendments to Title 42.--Sections 1725.1(c),
11 4136, 5924, 5945, 5948, 7541(c) and 8127 of Title 42, sections
12 4136 and 8127 amended December 20, 1982 (P.L.1409, No.326), are
13 amended or added to read:
14 § 1725.1. Costs.
15 * * *
16 (c) Unclassified costs or charges.--The costs to be charged
17 by the minor judiciary in the following instances not readily
18 classifiable shall be as follows:
19 (1) Entering transcript of judgment from another member
20 of the minor judiciary........................ $ 3.00
21 (2) Marrying each couple, making record thereof, and
22 certificate to the parties....................... $10.00
23 (3) Granting emergency relief pursuant to [the act of
24 October 7, 1976 (P.L.1090, No.218), known as the
25 "Protection From Abuse Act"] 23 Pa.C.S. Ch. 61 (relating to
26 protection from abuse).................. $10.00
27 (4) Issuing a search warrant (except as provided in
28 subsection (d))................................... $10.00
29 (5) Any other issuance not otherwise provided for in
30 this subsection................................... $10.00
19850H0253B0270 - 131 -
1 * * *
2 § 4136. Rights of persons charged with certain indirect
3 criminal contempts.
4 (a) General rule.--A person charged with indirect criminal
5 contempt for violation of a restraining order or injunction
6 issued by a court shall enjoy:
7 (1) The rights to bail that are accorded to persons
8 accused of crime.
9 (2) The right to be notified of the accusation and a
10 reasonable time to make a defense, if the alleged contempt is
11 not committed in the immediate view or presence of the court.
12 (3) (i) Upon demand, the right to a speedy and public
13 trial by an impartial jury of the judicial district
14 wherein the contempt is alleged to have been committed.
15 (ii) The requirement of subparagraph (i) shall not
16 be construed to apply to contempts:
17 (A) [committed] Committed in the presence of the
18 court or so near thereto as to interfere directly
19 with the administration of justice, or to apply to
20 the misbehavior, misconduct, or disobedience of any
21 officer of the court in respect to the writs, orders,
22 or process of the court[; or].
23 (B) Subject to 23 Pa.C.S. § 6110 (relating to
24 contempt for violation of order or agreement).
25 [(B) subject] (C) Subject to 75 Pa.C.S. §
26 4108(c) (relating to nonjury criminal contempt
27 proceedings).
28 (4) The right to file with the court a demand for the
29 withdrawal of the judge sitting in the proceeding, if the
30 alleged contempt arises from an attack upon the character or
19850H0253B0270 - 132 -
1 conduct of such judge, and if the attack occurred otherwise
2 than in open court. Upon the filing of any such demand, the
3 judge shall thereupon proceed no further but another judge
4 shall be designated by the court. The demand shall be filed
5 prior to the hearing in the contempt proceeding.
6 (b) Punishment.--Except as otherwise provided in this title
7 or by statute hereafter enacted, punishment for a contempt
8 specified in subsection (a) may be by fine not exceeding $100 or
9 by imprisonment not exceeding 15 days in the jail of the county
10 where the court is sitting, or both, in the discretion of the
11 court. Where a person is committed to jail for the nonpayment of
12 such a fine, he shall be discharged at the expiration of 15
13 days, but where he is also committed for a definite time, the 15
14 days shall be computed from the expiration of the definite time.
15 § 5924. Spouses as witnesses against each other.
16 (a) General rule.--In a civil matter neither husband nor
17 wife shall be competent or permitted to testify against each
18 other.
19 (b) Exception.--Subsection (a) shall not apply in an action
20 or proceeding:
21 (1) For divorce, including ancillary proceedings for the
22 partition or division of property.
23 (2) For support or relating to the protection or
24 recovery of marital or separate property.
25 (3) For custody or care of children, including actions
26 or proceedings relating to visitation rights and similar
27 matters.
28 (4) Arising under [the act of October 7, 1976 (P.L.1090,
29 No.218), known as the "Protection From Abuse Act."] 23
30 Pa.C.S. Ch. 61 (relating to protection from abuse).
19850H0253B0270 - 133 -
1 (5) When a statute heretofore or hereafter enacted
2 applicable to the action or proceeding provides either
3 expressly or by necessary implication that spouses may
4 testify therein against each other.
5 § 5945. Confidential communications to school personnel.
6 (a) General rule.--No guidance counselor, school nurse,
7 school psychologist, or home and school visitor in the public
8 schools or in private or parochial schools or other educational
9 institutions providing elementary or secondary education,
10 including any clerical worker of such schools and institutions,
11 who, while in the course of his professional or clerical duties
12 for a guidance counselor, home and school visitor, school nurse
13 or school psychologist, has acquired information from a student
14 in confidence shall be compelled or allowed:
15 (1) without the consent of the student, if the student
16 is 18 years of age or over; or
17 (2) without the consent of his parent or guardian, if
18 the student is under the age of 18 years;
19 to disclose such information in any legal proceeding, trial, or
20 investigation before any government unit.
21 (b) Exemption.--Notwithstanding subsection (a), no such
22 person shall be excused or prevented from complying with [the
23 act of November 26, 1975 (P.L.438, No.124), known as the "Child
24 Protective Services Law."] 23 Pa.C.S. Ch. 63 (relating to child
25 protective services).
26 § 5948. Confidential communications to qualified professionals.
27 Communications of a confidential character made by a spouse
28 to a qualified professional as defined in 23 Pa.C.S. § 3103
29 (relating to definitions) shall be privileged and inadmissible
30 in evidence in any matter under 23 Pa.C.S. Pt. IV (relating to
19850H0253B0270 - 134 -
1 divorce) or VI (relating to children and minors) unless the
2 party concerned waives this privilege.
3 § 7541. Construction of subchapter.
4 * * *
5 (c) Exceptions.--Relief shall not be available under this
6 subchapter with respect to any:
7 (1) Action wherein a divorce or annulment of marriage is
8 sought except as provided by 23 Pa.C.S. § 3306 (relating to
9 proceedings to determine marital status).
10 (2) Proceeding within the exclusive jurisdiction of a
11 tribunal other than a court.
12 (3) Proceeding involving an appeal from an order of a
13 tribunal.
14 § 8127. Personal earnings exempt from process.
15 The wages, salaries and commissions of individuals shall
16 while in the hands of the employer be exempt from any
17 attachment, execution or other process except upon an action or
18 proceeding:
19 (1) Under 23 Pa.C.S. Pt. IV (relating to divorce).
20 [(1)] (2) For support.
21 [(2)] (3) For board for four weeks or less.
22 [(3)] (4) Under the act of August 7, 1963 (P.L.549,
23 No.290), referred to as the Pennsylvania Higher Education
24 Assistance Agency Act.
25 Section 4. Construction of Divorce Code.--The provisions of
26 23 Pa.C.S. Pt. IV (relating to divorce) shall apply to all
27 cases, whether the cause for divorce or annulment arose prior or
28 subsequent to the enactment of this act. The provisions of 23
29 Pa.C.S. Pt. IV shall not affect any suit or action pending on
30 the effective date of the Divorce Code of 1980, but the suit or
19850H0253B0270 - 135 -
1 action may be proceeded with and concluded either under the laws
2 in existence when the suit or action was instituted,
3 notwithstanding the repeal of such laws, or, upon application
4 granted, under the provisions of 23 Pa.C.S. Pt. IV. The
5 provisions of 23 Pa.C.S. Pt. IV shall not apply to any case in
6 which a decree has been rendered prior to the effective date of
7 the Divorce Code of 1980. The provisions of 23 Pa.C.S. Pt. IV
8 shall not affect any marital agreement executed prior to the
9 effective date of the Divorce Code of 1980 or any amendment or
10 modification thereto.
11 Section 5. Repeals.--(a) The following acts and parts of
12 acts are repealed:
13 Act of March 13, 1815 (P.L.150, No.109), entitled "An act
14 concerning divorces."
15 Act of May 14, 1857 (P.L.507, No.567), entitled "An act to
16 Legitimate Children Born out of Lawful Wedlock."
17 Act of April 21, 1858 (P.L.413, No.444), entitled "An act
18 relating to Illegitimate Children."
19 Act of March 22, 1865 (P.L.30, No.14), entitled, as amended,
20 "An act to authorize minor husbands and wives, seventeen years
21 of age and older, to join in conveyances of their adult spouses'
22 real estate, and to validate such conveyances heretofore made."
23 Act of April 6, 1868 (P.L.67, No.31), entitled "An act to
24 validate certain marriages and legitimatize the issue thereof."
25 Act of June 2, 1871 (P.L.283, No.263), entitled "An act to
26 authorize married women owning capital stock of any railroad
27 company to sell and transfer the same."
28 Act of April 1, 1874 (P.L.49, No.9), entitled "An act to
29 authorize married women owning loans of this commonwealth, or of
30 the city of Philadelphia, or capital stock of any corporation of
19850H0253B0270 - 136 -
1 this commonwealth, to sell and transfer the same."
2 Act of May 15, 1874 (P.L.179, No.110), entitled "An act to
3 prevent traffic in children."
4 Act of June 26, 1895 (P.L.316, No.232), entitled "An act
5 relating to husband and wife who are the parents of minor
6 children, enlarging and extending the power, control and
7 authority of the mother over their minor children, under certain
8 circumstances."
9 Act of April 18, 1919 (P.L.67, No.52), entitled "An act to
10 give to women, married and single, the same right as men to be
11 corporators, and, in furtherance of their interests as
12 stockholders, to serve as directors and officers of corporations
13 for profit."
14 Act of April 11, 1927 (P.L.181, No.151), entitled "An act
15 authorizing a married woman, granted a divorce from bed and
16 board, to convey and encumber her real estate, without the
17 joinder of her husband."
18 Act of May 10, 1927 (P.L.884, No.451), entitled, as amended,
19 "An act modifying the common-law rule relating to property
20 hereafter acquired by husband and wife as tenants by entireties,
21 where such husband and wife are subsequently divorced; creating
22 a tenancy in common in such cases; providing for the sale of
23 property held by husband and wife as tenants by entireties where
24 they have been divorced; and directing the distribution of the
25 proceeds of such sale."
26 Act of June 22, 1935 (P.L.450, No.189), entitled "An act to
27 promote public morals; abolishing civil causes of action for
28 alienation of affections, except in certain cases, and breach of
29 promise to marry; making it unlawful to file, cause to be filed,
30 threaten to file, or threaten to cause to be filed any such
19850H0253B0270 - 137 -
1 action; fixing a time for the commencement of such causes of
2 action heretofore accrued; declaring void all future contracts
3 in settlement of such actions; making it unlawful to induce the
4 execution of such a contract or payment thereunder or
5 institution of suit thereon; and providing penalties."
6 Act of May 13, 1949 (P.L.1319, No.390), entitled "An act
7 authorizing the conveyance of the interest of either former
8 spouse after a divorce to the other without the joinder of the
9 other, of such former spouse's interest in real estate which is
10 held by them as tenants by the entireties, and validating such
11 conveyances formerly made."
12 Act of August 22, 1953 (P.L.1344, No.383), known as The
13 Marriage Law.
14 Act of December 17, 1959 (P.L.1916, No.695), entitled "An act
15 relating to the legitimacy of children born of void or voidable
16 marriages."
17 Act of July 27, 1967 (P.L.186, No.58), entitled "An act
18 imposing liability upon parents for personal injury, or theft,
19 destruction, or loss of property caused by the wilful, tortious
20 acts of children under eighteen years of age, setting forth
21 limitations, and providing procedure for recovery."
22 Act of June 16, 1972 (P.L.472, No.151), entitled "An act
23 authorizing persons eighteen years of age and older to enter
24 into contracts."
25 Act of December 6, 1972 (P.L.1404, No.300), entitled "An act
26 making a person eighteen and older an adult for the purpose of
27 suing and being sued."
28 Act of November 26, 1975 (P.L.438, No.124), known as the
29 Child Protective Services Law.
30 Act of October 7, 1976 (P.L.1090, No.218), known as the
19850H0253B0270 - 138 -
1 Protection From Abuse Act.
2 Act of April 2, 1980 (P.L.63, No.26), known as the Divorce
3 Code.
4 Act of November 5, 1981 (P.L.322, No.115), known as the
5 Custody and Grandparents Visitation Act.
6 Act of May 24, 1984 (P.L.326, No.64), known as the
7 Pennsylvania Adoption Cooperative Exchange Act.
8 42 Pa.C.S. Ch. 53, Subch. C (relating to child custody
9 jurisdiction).
10 42 Pa.C.S. Ch. 61, Subch. C (relating to blood tests to
11 determine paternity).
12 (b) All other acts and parts of acts are repealed insofar as
13 they are inconsistent with this act.
14 Section 6. Effective date.--This act shall take effect in 90
15 days.
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