AN ACT

 

1Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, in proceedings prior to petition to adopt, further
4providing for grounds for involuntary termination; and, in
5juvenile matters, further providing for disposition of
6dependent child.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1.  Section 2511(a) of Title 23 of the Pennsylvania
10Consolidated Statutes is amended by adding a paragraph to read:

11§ 2511.  Grounds for involuntary termination.

12(a)  General rule.--The rights of a parent in regard to a
13child may be terminated after a petition filed on any of the
14following grounds:

15* * *

16(10)  The repeated and continued abuse of alcohol or a
17controlled substance by the parent has placed the health,
18safety or welfare of the child at risk and the abuse of
19alcohol or a controlled substance cannot or will not be

1remedied by the parent.

2* * *

3Section 2.  Section 6351(f.2) of Title 42 is amended and
4subsection (f) is amended by adding a paragraph to read:

5§ 6351.  Disposition of dependent child.

6* * *

7(f)  Matters to be determined at permanency hearing.--At each
8permanency hearing, a court shall determine all of the
9following:

10* * *

11(6.1)  Whether the use of alcohol or a controlled
12substance by the parent places the health, safety or welfare
13of the child at risk.

14* * *

15(f.2)  Evidence.--

16(1)  Evidence of conduct by the parent that places the
17health, safety or welfare of the child at risk, including
18evidence of the use of alcohol or a controlled substance that
19places the health, safety or welfare of the child at risk,
20shall be presented to the court by the county agency or any
21other party at any disposition or permanency hearing whether
22or not the conduct was the basis for the determination of
23dependency. The failure of a drug test requested by the 
24county agency or the refusal to participate in a drug test 
25requested by the county agency shall constitute prima facie 
26evidence of the use of alcohol or a controlled substance that 
27places the health, safety or welfare of the child at risk.

28(2)  When used in this subsection, the term "drug test"
29shall mean a urinalysis, blood test or another scientific
30study of an individual's body which has been conclusively

1found to detect the presence of alcohol or the presence or
2prior use of an illegal drug or substance and for which the
3accuracy has been accepted in the scientific community.

4* * *

5Section 3.  This act shall take effect in 60 days.