PRINTER'S NO. 298
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY KULA, HARKINS, DAVIS, CARROLL, SCHLOSSBERG, STEPHENS, O'BRIEN, HARHAI, BROWNLEE, D. COSTA, FABRIZIO, GINGRICH, STERN, KORTZ, READSHAW, BAKER, SANTARSIERO, MOUL, CALTAGIRONE, P. DALEY, KINSEY, MICOZZIE, MURT, YOUNGBLOOD AND MATZIE, JANUARY 23, 2013
REFERRED TO COMMITEE ON JUDICIARY, JANUARY 23, 2013
9UNIFORM CHILD ABDUCTION PREVENTION
115201. Scope of chapter.
135203. Cooperation and communication among courts.
145204. Actions for abduction prevention measures.
165206. Contents of petition.
175207. Factors to determine risk of abduction.
15208. Provisions and measures to prevent abduction.
25209. Warrant to take physical custody of child.
35210. Duration of abduction prevention order.
45211. Uniformity of application and construction.
7§ 5201. Scope of chapter.
8This chapter relates to uniform child abduction prevention.
9§ 5202. Definitions.
17"Child custody determination." Any judgment, decree or other
18order of a court providing for the legal custody, physical
19custody or visitation with respect to a child. The term includes
20a permanent, temporary, initial and modification order.
21"Child custody proceeding." A proceeding in which legal
22custody, physical custody or visitation with respect to a child
23is at issue. The term includes a proceeding for divorce,
24dissolution of marriage, separation, neglect, abuse, dependency,
25guardianship, paternity, termination of parental rights or
26protection from domestic violence.
29"Petition." A motion or its equivalent.
30"Record." Information that is inscribed on a tangible medium
3"State." A state of the United States, the District of
4Columbia, Puerto Rico, the United States Virgin Islands or any
5territory or insular possession subject to the jurisdiction of
6the United States. The term includes a federally recognized
7Indian tribe or nation.
18§ 5203. Cooperation and communication among courts.
19Sections 5410 (relating to communication between courts),
205411 (relating to taking testimony in another state) and 5412
21(relating to cooperation between courts; preservation of
22records) apply to cooperation and communications among courts in
23proceedings under this chapter.
24§ 5204. Actions for abduction prevention measures.
25(a) Court.--A court on its own motion may order abduction
26prevention measures in a child custody proceeding if the court
27finds that the evidence establishes a credible risk of abduction
28of the child.
5(c) Prosecutors or public officials.--A prosecutor or public
6authority designated under section 5455 (relating to role of
7prosecutor or public official) may seek a warrant to take
8physical custody of a child under section 5209 (relating to
9warrant to take physical custody of child) or other appropriate
11§ 5205. Jurisdiction.
12(a) General rule.--A petition under this chapter may be
13filed only in a court that has jurisdiction to make a child
14custody determination with respect to the child at issue under
15Chapter 54 (relating to uniform child custody jurisdiction and
17(b) Emergency jurisdiction.--A court of this Commonwealth
18has temporary emergency jurisdiction under section 5424
19(relating to temporary emergency jurisdiction) if the court
20finds a credible risk of abduction.
21§ 5206. Contents of petition.
22A petition under this chapter must be verified and include a
23copy of any existing child custody determination, if available.
24The petition must specify the risk factors for abduction,
25including the relevant factors described under section 5207
26(relating to factors to determine risk of abduction). Subject to
27section 5429(e) (relating to information to be submitted to
28court), if reasonably ascertainable, the petition must contain:
29(1) the name, date of birth and gender of the child;
30(2) the customary address and current physical location
1of the child;
4(4) a statement of whether a prior action to prevent
5abduction or domestic violence has been filed by a party or
6other individual or entity having custody of the child and
7the date, location and disposition of the action;
8(5) a statement of whether a party to the proceeding has
9been arrested for a crime related to domestic violence,
10stalking or child abuse or neglect and the date, location and
11disposition of the case; and
15§ 5207. Factors to determine risk of abduction.
21(2) has threatened to abduct the child;
24(i) abandoning employment;
25(ii) selling a primary residence;
26(iii) terminating a lease;
8(5) has refused to follow a child custody determination;
13(8) is likely to take the child to a country that:
14(i) is not a party to the Hague Convention on the
15Civil Aspects of International Child Abduction and does
16not provide for the extradition of an abducting parent or
17for the return of an abducted child;
30(iii) poses a risk that the child's physical or
5(iv) has laws or practices that would:
27(11) has forged or presented misleading or false
28evidence on government forms or supporting documents to
29obtain or attempt to obtain a passport, a visa, travel
30documents, a Social Security card, a driver's license or
7(b) Good faith.--In the hearing on a petition under this
8chapter, the court shall consider any evidence that the
9respondent believed in good faith that the respondent's conduct
10was necessary to avoid imminent harm to the child or respondent
11and any other evidence that may be relevant to whether the
12respondent may be permitted to remove or retain the child.
13§ 5208. Provisions and measures to prevent abduction.
17(1) the basis for the court's exercise of jurisdiction;
28(b) Abduction prevention orders.--
3(2) The order must include the provisions required by
4subsection (a) and measures and conditions, including those
5in subsections (c), (d) and (e), that are reasonably
6calculated to prevent abduction of the child, giving due
7consideration to the custody and visitation rights of the
9(3) The court shall consider:
10(i) the age of the child;
23(i) the travel itinerary of the child;
27(iii) copies of all travel documents;
30(i) removing the child from this Commonwealth, the
13(4) with regard to the child's passport:
17(ii) a requirement that the respondent surrender to
18the court or the petitioner's attorney any United States
19or foreign passport issued in the child's name, including
20a passport issued in the name of both the parent and the
27(i) to the United States Department of State Office
28of Children's Issues and the relevant foreign consulate
29or embassy, an authenticated copy of the order detailing
30passport and travel restrictions for the child;
1(ii) to the court:
8(iii) to the petitioner, proof of registration with
9the United States Embassy or other United States
10diplomatic presence in the destination country and with
11the Central Authority for the Hague Convention on the
12Civil Aspects of International Child Abduction, if that
13convention is in effect between the United States and the
14destination country, unless one of the parties objects;
16(iv) a written waiver under the Privacy Act of 1974,
17(Public Law 93-579, 5 U.S.C. § 552a), with respect to any
18document, application or other information pertaining to
19the child authorizing its disclosure to the court and the
21(6) upon the petitioner's request, a requirement that
22the respondent obtain an order from the relevant foreign
23country containing terms identical to the child custody
24determination issued in the United States.
1respondent to pay the costs of supervision;
2(2) require the respondent to post a bond or provide
3other security in an amount sufficient to serve as a
4financial deterrent to abduction, the proceeds of which may
5be used to pay for the reasonable expenses of recovery of the
6child, including reasonable attorney fees and costs if there
7is an abduction; and
16(2) direct the use of law enforcement to take any action
17reasonably necessary to locate the child, obtain return of
18the child or enforce a custody determination under this
19chapter or the laws of this Commonwealth other than this
26§ 5209. Warrant to take physical custody of child.
27(a) Ex parte.--If a petition under this chapter contains
28allegations and the court finds that there is a credible risk
29that the child is imminently likely to be wrongfully removed,
30the court may issue an ex parte warrant to take physical custody
1of the child.
2(b) Hearing.--The respondent on a petition under subsection
3(a) must be afforded an opportunity to be heard at the earliest
4possible time after the ex parte warrant is executed, but not
5later than the next judicial day unless a hearing on that date
6is impossible. In that event, the court shall hold the hearing
7on the first judicial day possible.
19(d) Search of databases.--If feasible, before issuing a
20warrant and before determining the placement of the child after
21the warrant is executed, the court may order a search of the
22relevant databases of the National Crime Information Center
23system and similar state databases to determine if either the
24petitioner or respondent has a history of domestic violence,
25stalking or child abuse or neglect.
30(1) A warrant to take physical custody of a child,
3(2) If the court finds that a less intrusive remedy will
4not be effective, it may authorize law enforcement officers
5to enter private property to take physical custody of the
6child. If required by exigent circumstances, the court may
7authorize law enforcement officers to make a forcible entry
8at any hour.
9(g) Fees and costs.--If the court finds, after a hearing,
10that a petitioner sought an ex parte warrant under subsection
11(a) for the purpose of harassment or in bad faith, the court may
12award the respondent reasonable attorney fees, costs and
17§ 5210. Duration of abduction prevention order.
20(1) the time stated in the order;
21(2) the emancipation of the child;
22(3) the child's attaining 18 years of age; or
23(4) the time the order is modified, revoked, vacated or
24superseded by a court with jurisdiction under sections 5421
25(relating to initial child custody jurisdiction), 5422
26(relating to exclusive, continuing jurisdiction) and 5423
27(relating to jurisdiction to modify determination) and
28applicable laws of this Commonwealth.
29§ 5211. Uniformity of application and construction.
30In applying and construing this chapter, consideration must
9Section 2. This act shall take effect in 60 days.