AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in proceedings prior to petition to
3adopt, further providing for grounds for involuntary
4termination.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1.  Section 2511(a)(9) of Title 23 of the
8Pennsylvania Consolidated Statutes is amended and the section is
9amended by adding a subsection to read:

10§ 2511.  Grounds for involuntary termination.

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

14* * *

15[(9)  The parent has been convicted of one of the
16following in which the victim was a child of the parent:

17(i)  an offense under 18 Pa.C.S. Ch. 25 (relating to
18criminal homicide);

19(ii)  a felony under 18 Pa.C.S. § 2702 (relating to

1aggravated assault);

2(iii)  an offense in another jurisdiction equivalent
3to an offense in subparagraph (i) or (ii); or

4(iv)  an attempt, solicitation or conspiracy to
5commit an offense in subparagraph (i), (ii) or (iii).]

6(a.1)  Mandatory termination.--The rights of a parent in
7regard to a child shall be terminated after a petition filed on
8any of the following grounds is determined by the court to have
9been proved and a determination is made by the court that the
10termination is in the best interests of the child:

11(1)  The parent has been convicted of one of the
12following in which the victim was a child of the parent or
13any other child who resided in the parent's household:

14(i)  An offense under 18 Pa.C.S. Ch. 25 (relating to
15criminal homicide).

16(ii)  A felony under any of the following provisions
17of 18 Pa.C.S.:

18Section 2702 (relating to aggravated assault).

19Section 3121 (relating to rape).

20Section 3122.1 (relating to statutory sexual
21assault).

22Section 3123 (relating to involuntary deviate sexual
23intercourse).

24Section 3124.1 (relating to sexual assault).

25Section 3125 (relating to aggravated indecent
26assault).

27Section 3126 (relating to indecent assault).

28Section 4304 (relating to endangering welfare of
29children).

30(iii)  An offense under 18 Pa.C.S. § 3002 (relating

1to trafficking of persons).

2(iv)  An offense under 18 Pa.C.S. § 4302 (relating to
3incest).

4(v)  An offense in another jurisdiction equivalent to
5an offense in subparagraph (i), (ii), (iii) or (iv).

6(vi)  An attempt, solicitation or conspiracy to
7commit an offense in subparagraph (i), (ii), (iii) or
8(iv).

9(2)  The parent has been convicted of one of the
10following in which the victim was the other parent of a child
11of the parent who has been convicted or either parent of any
12other child who resided in the household of the parent who
13has been convicted:

14(i)  An offense under 18 Pa.C.S. Ch. 25 (relating to
15criminal homicide).

16(ii)  An offense in another jurisdiction equivalent
17to an offense in subparagraph (i).

18(iii)  An attempt, solicitation or conspiracy to
19commit an offense in subparagraph (i) or (ii).

20(3)  Any omission or series of repeated and continuing
21omissions by the parent in the care of a child of the parent
22or any other child who resided in the parent's household
23which results in a life-threatening condition or seriously
24impairs the child's functioning.

25(4)  A child of the parent or any other child who resided
26in the parent's household has been the victim of physical
27abuse resulting in serious bodily injury, sexual violence or
28aggravated physical neglect by the parent.

29(5)  The parental rights of the parent have been
30involuntarily terminated with respect to a child of the

1parent based upon paragraph (1), (2), (3) or (4).

2* * *

3Section 2.  This act shall take effect in 60 days.