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PRIOR PRINTER'S NO. 1996
PRINTER'S NO. 3311
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1539
Session of
2017
INTRODUCED BY PASHINSKI, DRISCOLL, THOMAS, FREEMAN, ROTHMAN,
KINSEY, VAZQUEZ, MILLARD, READSHAW, SCHLOSSBERG, DAVIS,
CALTAGIRONE, HILL-EVANS, TOOHIL, KORTZ, PHILLIPS-HILL,
SAMUELSON, HARKINS, DeLUCA, WARREN, FARRY, MADDEN, ROZZI,
SNYDER, SAINATO, BERNSTINE, WATSON AND DOWLING, JUNE 13, 2017
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 10, 2018
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in standby guardianship, providing for
temporary guardianship; and, in child protective services,
further providing for release of information in confidential
reports.
AMENDING TITLE 23 (DOMESTIC RELATIONS) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, IN STANDBY GUARDIANSHIP, FURTHER
PROVIDING FOR DEFINITIONS AND FOR SCOPE AND PROVIDING FOR
TEMPORARY GUARDIANSHIP; IN CHILD PROTECTIVE SERVICES, FURTHER
PROVIDING FOR RELEASE OF INFORMATION IN CONFIDENTIAL REPORTS;
AND MAKING EDITORIAL CHANGES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Chapter 56 of Title 23 of the
Pennsylvania Consolidated Statutes is amended to read:
CHAPTER 56
STANDBY AND TEMPORARY GUARDIANSHIP
Subchapter
A. Preliminary Provisions
B. General Provisions
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C. Temporary Guardianship
Section 2. Chapter 56 of Title 23 is amended by adding a
subchapter to read:
SUBCHAPTER C
TEMPORARY GUARDIANSHIP
Sec.
5630. Grounds for appointment.
5631. Standard for appointment.
5632. Duration.
5633. Hearing required.
5634. Mandatory considerations.
5635. Investigation required.
5636. Limits on temporary guardianship powers.
5637. Costs.
5638. Termination of temporary guardianship.
5639. Onsite assessment.
5640. Agreement for temporary guardianship.
§ 5630. Grounds for appointment.
When an individual who is a parent of a minor has entered a
rehabilitation facility for treatment of a drug or alcohol
addiction, or has been subject to emergency medical intervention
due to abuse of drugs or alcohol, a grandparent of the minor or
an individual who stands in loco parentis to the minor may file
a petition with the court of common pleas for temporary
guardianship of that minor.
§ 5631. Standard for appointment.
A court may appoint an individual under section 5630
(relating to grounds for appointment) as temporary guardian if,
upon petition, it is shown by clear and convincing evidence
that:
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(1) Grounds for appointment have been established under
section 5630 or a written agreement for temporary
guardianship has been executed by a parent of the minor and
an individual listed under section 5630.
(2) The other parent of the child:
(i) is unable or unwilling to assume physical
custody or make decisions regarding the child;
(ii) consents to the temporary guardianship;
(iii) after a good faith effort, cannot be located;
or
(iv) is deceased.
§ 5632. Duration.
Temporary guardianship under this section shall be limited in
duration to not more than 60 days from entry of the order of
temporary guardianship but, upon petition or by written
agreement of the temporary guardian and the parent who has
entered a rehabilitation facility, may be extended for periods
of up to 60 additional days. The total period of guardianship
under this section may not exceed 365 days.
§ 5633. Hearing required.
Upon petition for temporary guardianship of a minor, the
court shall hold a hearing, at which one or both parents and the
minor has the right to be present. The court may not hold a
hearing absent proof of personal service upon the parent or
documentary evidence that after a good faith effort the other
parent cannot be located.
§ 5634. Mandatory considerations.
Before granting a petition under this section, the court
shall consider whether granting temporary guardianship is in the
best interest of a minor. When determining whether to grant or
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extend temporary guardianship the court shall also consider the
following:
(1) The existence of feasible alternatives to temporary
guardianship.
(2) The effect on the emotional, social and educational
development of the minor.
(3) Whether the temporary guardianship will have an
adverse effect on the minor's relationship with the parent.
(4) The wishes of either parent regarding the temporary
guardianship.
(5) The expressed preference of an age-appropriate
minor.
(6) The physical and behavioral health of the temporary
guardian and any treatment rendered to the temporary guardian
by health care providers.
(7) Other relevant factors regarding the effect of the
temporary guardianship.
§ 5635. Investigation required.
A court may not enter or extend an order of temporary
guardianship unless:
(1) A search of the ChildLine database maintained by the
Department of Human Services indicates no record of the
temporary guardian or a person who resides in the same
household as the temporary guardian as being a perpetrator of
child abuse or neglect.
(2) A search of criminal history records in this
Commonwealth and criminal history records maintained by
Federal agencies indicates no record of the temporary
guardian or a person who resides in the same household as the
temporary guardian as being convicted of a crime of violence,
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as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for
second and subsequent offenses).
§ 5636. Limits on temporary guardianship powers.
In addition to any other restrictions on the power of a
guardian or temporary guardian, a temporary guardian may not
have the power to:
(1) Remove the minor from the United States either
permanently or temporarily or permit the minor to be removed
from the United States either permanently or temporarily.
(2) Remove the minor from this Commonwealth absent a
court order, which may only be issued after a hearing at
which both parents and the child shall have the right to be
present.
§ 5637. Costs.
A court may waive filing fees and other costs upon
application when the temporary guardian demonstrates the fees
and other costs would constitute a financial burden upon the
temporary guardian and the family of the temporary guardian.
There shall be a presumption of a financial burden if the income
from all sources of the temporary guardian is less than 300% of
the poverty level set by the Federal Government.
§ 5638. Termination of temporary guardianship.
A court may terminate a temporary guardianship upon a showing
that the basis for the temporary guardianship no longer exists
or that the parent and temporary guardian agree upon
termination. A party to the temporary guardianship may file a
petition with the court seeking termination.
§ 5639. Onsite assessment.
Within 15 days of termination of a temporary guardianship,
the court shall direct a county children and youth agency to do
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an onsite assessment of the home of the parent of the minor.
§ 5640. Agreement for temporary guardianship.
A parent and a temporary guardian may agree on a temporary
guardianship. In the case of more than one agreement for
temporary guardianship, the last executed agreement shall be
given effect. A designation of temporary guardianship may, but
need not, be in the following form:
......................................................
(Insert name of designator) do hereby appoint
......................................................
(Insert name, address and telephone number of temporary
guardian) as the temporary guardian of
......................................................
(Insert name(s) of minor(s) to take effect upon
.................... (Date).
I am the mother/father/other to ........................
......................................................
(Insert name(s) of minor(s)).
......................................................
(Insert name(s) of other parent(s) of minor(s)) is the
father/mother/other of ...............................
......................................................
(Insert name(s) of minor(s)).
By this designation, I am granting ...................
(insert name of temporary guardian) the authority to act for
45 days following the occurrence of ...................
as a coguardian with me or as guardian of my minor
child(ren).
It is my intention to retain full parental rights to the
extent consistent with my condition and to retain the
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authority to revoke the temporary guardianship if I so
choose.
This designation is made after careful reflection, while I am
of sound mind.
.......................... ..............................
(Date) (Designator's signature)
.......................... ..............................
(Witness's signature) (Witness's signature)
.......................... ..............................
(Number and Street) (Number and Street)
.......................... ..............................
(City, State and Zip Code) (City, State and Zip Code)
If applicable: I, ....................................... ,
(Insert name of other parent)
hereby consent to this designation.
.......................... ..............................
(Date) (Signature of other parent)
..........................................................
(Address of other parent)
I, .......................................................
(Insert name of temporary guardian) hereby accept my
nomination as temporary guardian of ......................
..........................................................
(Insert minor(s)'s name(s)). I understand that my rights and
responsibilities toward the minor child(ren) named above will
become effective upon ......................... (Date)
I further understand that in order to continue as temporary
guardian for the child(ren), I must file a petition with the
court of common pleas within 30 days of the order granting
the petition for temporary guardianship.
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.......................... ..............................
(Date) (Signature of temporary guardian)
NOTARY SEAL
I hereby revoke the above temporary guardianship agreement.
.......................................... (Parent signature)
.............................. (Date)
NOTARY SEAL
Section 3. Section 6340(a)(5.1) of Title 23 is amended to
read:
§ 6340. Release of information in confidential reports.
(a) General rule.--Reports specified in section 6339
(relating to confidentiality of reports) shall only be made
available to:
* * *
(5.1) A court of common pleas in connection with any
matter involving custody of a child as set forth in sections
5328 (relating to factors to consider when awarding custody)
and 5329.1 (relating to consideration of child abuse and
involvement with protective services) or temporary
guardianship of a child under Chapter 56 (relating to standby
and temporary guardianship).
* * *
Section 4. This act shall take effect in 60 days.
SECTION 1. THE HEADING OF CHAPTER 56 OF TITLE 23 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:
CHAPTER 56
STANDBY AND TEMPORARY GUARDIANSHIP
SECTION 2. SECTIONS 5602 AND 5603 OF TITLE 23 ARE AMENDED TO
READ:
§ 5602. DEFINITIONS.
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THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"ALTERNATE." A PERSON WITH ALL THE RIGHTS, RESPONSIBILITIES
AND QUALIFICATIONS OF A STANDBY GUARDIAN WHO SHALL BECOME A
STANDBY GUARDIAN ONLY IN THE EVENT THAT THE CURRENTLY DESIGNATED
STANDBY GUARDIAN IS UNABLE OR REFUSES TO FULFILL HIS OBLIGATION.
"ATTENDING PHYSICIAN." A PHYSICIAN WHO HAS PRIMARY
RESPONSIBILITY FOR THE TREATMENT AND CARE OF THE DESIGNATOR. IF
PHYSICIANS SHARE RESPONSIBILITY, ANOTHER PHYSICIAN IS ACTING ON
THE ATTENDING PHYSICIAN'S BEHALF OR NO PHYSICIAN HAS PRIMARY
RESPONSIBILITY, ANY PHYSICIAN WHO IS FAMILIAR WITH THE
DESIGNATOR'S MEDICAL CONDITION MAY ACT AS AN ATTENDING PHYSICIAN
UNDER THIS CHAPTER.
"COGUARDIAN." A PERSON WHO ALONG WITH A PARENT SHARES
PHYSICAL OR LEGAL CUSTODY, OR BOTH, OF A CHILD.
"CONSENT." A WRITTEN AUTHORIZATION SIGNED BY THE DESIGNATOR
IN THE PRESENCE OF TWO WITNESSES WHO SHALL ALSO SIGN THE
WRITING. THE WITNESSES MUST BE 18 YEARS OF AGE OR OLDER AND NOT
NAMED IN THE DESIGNATION.
"COURT." FAMILY COURT DIVISION OR DOMESTIC RELATIONS SECTION
OF A COURT OF COMMON PLEAS UNLESS OTHERWISE PROVIDED BY LOCAL
RULES OF COURT.
"DEBILITATION." A PERSON'S CHRONIC AND SUBSTANTIAL INABILITY
AS A RESULT OF A PHYSICALLY INCAPACITATING DISEASE OR INJURY TO
CARE FOR A DEPENDENT MINOR.
"DESIGNATION." A WRITTEN DOCUMENT NAMING THE STANDBY
GUARDIAN OR TEMPORARY GUARDIAN. A PARENT, A LEGAL CUSTODIAN OR A
LEGAL GUARDIAN MAY DESIGNATE AN ALTERNATE STANDBY GUARDIAN IN
THE SAME WRITING.
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"DESIGNATOR." A PARENT, A LEGAL CUSTODIAN OR A LEGAL
GUARDIAN WHO APPOINTS A STANDBY GUARDIAN OR TEMPORARY GUARDIAN.
"DETERMINATION OF DEBILITATION." A WRITTEN FINDING MADE BY
AN ATTENDING PHYSICIAN WHICH STATES THAT THE DESIGNATOR SUFFERS
FROM A PHYSICALLY INCAPACITATING DISEASE OR INJURY. NO
IDENTIFICATION OF THE ILLNESS IN QUESTION IS REQUIRED.
"DETERMINATION OF INCAPACITY." A WRITTEN FINDING MADE BY AN
ATTENDING PHYSICIAN WHICH STATES THE NATURE, EXTENT AND PROBABLE
DURATION OF THE DESIGNATOR'S MENTAL OR ORGANIC INCAPACITY.
"FAMILY MEMBER." A GRANDPARENT, AUNT, UNCLE OR ADULT SIBLING
OF A MINOR.
"INCAPACITY." A CHRONIC AND SUBSTANTIAL INABILITY, RESULTING
FROM A MENTAL OR ORGANIC IMPAIRMENT, TO UNDERSTAND THE NATURE
AND CONSEQUENCES OF DECISIONS CONCERNING THE CARE OF THE
DESIGNATOR'S DEPENDENT MINOR AND A CONSEQUENT INABILITY TO CARE
FOR THE MINOR.
"STANDBY GUARDIAN." A PERSON NAMED BY A DESIGNATOR TO ASSUME
THE DUTIES OF COGUARDIAN OR GUARDIAN OF A MINOR AND WHOSE
AUTHORITY BECOMES EFFECTIVE UPON THE INCAPACITY, DEBILITATION
AND CONSENT, OR DEATH OF THE MINOR'S PARENT.
"TEMPORARY GUARDIAN." A FAMILY MEMBER, APPOINTED BY A COURT
FOR A LIMITED PERIOD AS A GUARDIAN OF THE MINOR WHEN THE MINOR'S
CUSTODIAL PARENT HAS ENTERED A REHABILITATION FACILITY FOR
TREATMENT OF DRUG OR ALCOHOL ADDICTION OR HAS BEEN SUBJECT TO
EMERGENCY MEDICAL INTERVENTION DUE TO ABUSE OF DRUGS OR ALCOHOL.
"TRIGGERING EVENT." A SPECIFIED OCCURRENCE STATED IN THE
DESIGNATION WHICH EMPOWERS A STANDBY GUARDIAN TO ASSUME THE
POWERS, DUTIES AND RESPONSIBILITIES OF GUARDIAN OR COGUARDIAN.
§ 5603. SCOPE.
THE PROVISIONS OF CHAPTER 53 (RELATING TO CUSTODY) AND 20
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PA.C.S. CH. 25 (RELATING TO WILLS) SHALL APPLY TO STANDBY
GUARDIANS, COGUARDIANS, GUARDIANS, TEMPORARY GUARDIANS AND ANY
ALTERNATES UNLESS OTHERWISE SPECIFIED IN THIS CHAPTER. NOTHING
IN THIS CHAPTER SHALL BE CONSTRUED TO DEPRIVE ANY PARENT,
CUSTODIAL OR NONCUSTODIAL, OF LEGAL PARENTAL RIGHTS. NOTHING IN
THIS CHAPTER SHALL BE CONSTRUED TO RELIEVE ANY PARENT, CUSTODIAL
OR NONCUSTODIAL, OF A DUTY TO SUPPORT A CHILD UNDER THE
PROVISIONS OF CHAPTER 43 (RELATING TO SUPPORT MATTERS
GENERALLY).
SECTION 3. THE HEADING OF SUBCHAPTER B OF CHAPTER 56 OF
TITLE 23 IS AMENDED TO READ:
SUBCHAPTER B
[GENERAL PROVISIONS] STANDBY GUARDIANSHIP
SECTION 4. CHAPTER 56 OF TITLE 23 IS AMENDED BY ADDING A
SUBCHAPTER TO READ:
SUBCHAPTER C
TEMPORARY GUARDIANSHIP
SEC.
5621. DESIGNATION.
5622. PETITION FOR APPROVAL OF DESIGNATION.
5623. AUTHORITY OF TEMPORARY GUARDIAN.
5624. PERIOD OF TEMPORARY GUARDIANSHIP.
5625. TERMINATION OF TEMPORARY GUARDIANSHIP.
§ 5621. DESIGNATION.
(A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), A
CUSTODIAL PARENT MAY DESIGNATE A TEMPORARY GUARDIAN BY MEANS OF
A WRITTEN DESIGNATION UNLESS THE MINOR HAS ANOTHER PARENT OR
ADOPTIVE PARENT:
(1) WHOSE PARENTAL RIGHTS HAVE NOT BEEN TERMINATED OR
RELINQUISHED;
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(2) WHOSE WHEREABOUTS ARE KNOWN; AND
(3) WHO IS WILLING AND ABLE TO MAKE AND CARRY OUT THE
DAY-TO-DAY CHILD-CARE DECISIONS CONCERNING THE MINOR.
(B) EXCEPTION WHERE OTHER PARENT CONSENTS.--NOTWITHSTANDING
SUBSECTION (A), A PARENT, LEGAL CUSTODIAN OR LEGAL GUARDIAN MAY
DESIGNATE A TEMPORARY GUARDIAN WITH THE CONSENT OF THE OTHER
PARENT.
(C) CONTENTS.--
(1) A DESIGNATION OF A TEMPORARY GUARDIANSHIP SHALL
IDENTIFY THE CUSTODIAL PARENT, THE MINOR OR MINORS, ANY OTHER
PARENT, THE TEMPORARY GUARDIAN AND THE TRIGGERING EVENT OR
EVENTS UPON WHICH A NAMED TEMPORARY GUARDIAN SHALL BECOME A
COGUARDIAN OR GUARDIAN. THE DESIGNATION SHALL ALSO INCLUDE
THE SIGNED CONSENT OF THE TEMPORARY GUARDIAN AND THE SIGNED
CONSENT OF ANY OTHER PARENT OR AN INDICATION WHY THE OTHER
PARENT'S CONSENT IS NOT NECESSARY.
(2) THE DESIGNATION SHALL BE SIGNED BY THE DESIGNATING
PARENT IN THE PRESENCE OF TWO WITNESSES WHO ARE 18 YEARS OF
AGE OR OLDER AND NOT OTHERWISE NAMED IN THE DESIGNATION, WHO
SHALL ALSO SIGN THE DESIGNATION.
(3) A PARENT MAY ALSO BUT NEED NOT DESIGNATE AN
ALTERNATE IN THE DESIGNATION.
(4) A DESIGNATION MAY BUT NEED NOT BE IN THE FOLLOWING
FORM:
......................................................
(INSERT NAME OF DESIGNATOR) DO HEREBY APPOINT
......................................................
(INSERT NAME, ADDRESS AND TELEPHONE NUMBER OF TEMPORARY
GUARDIAN) AS THE TEMPORARY GUARDIAN OF
......................................................
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(INSERT NAME(S) OF MINOR(S) TO TAKE EFFECT UPON
.................... (DATE).
I AM THE MOTHER/FATHER/OTHER TO ........................
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(INSERT NAME(S) OF MINOR(S)).
......................................................
(INSERT NAME(S) OF OTHER PARENT(S) OF MINOR(S)) IS THE
FATHER/MOTHER/OTHER OF ...............................
......................................................
(INSERT NAME(S) OF MINOR(S)).
BY THIS DESIGNATION, I AM GRANTING ...................
(INSERT NAME OF TEMPORARY GUARDIAN) THE AUTHORITY TO ACT FOR
90 DAYS FOLLOWING THE OCCURRENCE OF ...................
AS A COGUARDIAN WITH ME OR AS GUARDIAN OF MY MINOR
CHILD(REN).
IT IS MY INTENTION TO RETAIN FULL PARENTAL RIGHTS TO THE
EXTENT CONSISTENT WITH MY CONDITION AND TO RETAIN THE
AUTHORITY TO REVOKE THE TEMPORARY GUARDIANSHIP IF I SO
CHOOSE.
THIS DESIGNATION IS MADE AFTER CAREFUL REFLECTION, WHILE I AM
OF SOUND MIND.
.......................... ..............................
(DATE) (DESIGNATOR'S SIGNATURE)
.......................... ..............................
(WITNESS'S SIGNATURE) (WITNESS'S SIGNATURE)
.......................... ..............................
(NUMBER AND STREET) (NUMBER AND STREET)
.......................... ..............................
(CITY, STATE AND ZIP CODE) (CITY, STATE AND ZIP CODE)
IF APPLICABLE: I, ....................................... ,
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(INSERT NAME OF OTHER PARENT)
HEREBY CONSENT TO THIS DESIGNATION.
.......................... ..............................
(DATE) (SIGNATURE OF OTHER PARENT)
..........................................................
(ADDRESS OF OTHER PARENT)
I, .......................................................
(INSERT NAME OF TEMPORARY GUARDIAN), HEREBY ACCEPT MY
NOMINATION AS TEMPORARY GUARDIAN OF ......................
..........................................................
(INSERT MINOR(S)'S NAME(S)). I UNDERSTAND THAT MY RIGHTS AND
RESPONSIBILITIES TOWARD THE MINOR CHILD(REN) NAMED ABOVE WILL
BECOME EFFECTIVE UPON ......................... (DATE)
I FURTHER UNDERSTAND THAT IN ORDER TO CONTINUE AS TEMPORARY
GUARDIAN FOR THE CHILD(REN), I MUST FILE A PETITION WITH THE
COURT OF COMMON PLEAS WITHIN 30 DAYS OF THE ORDER GRANTING
THE PETITION FOR TEMPORARY GUARDIANSHIP.
.......................... ..............................
(DATE) (SIGNATURE OF TEMPORARY GUARDIAN)
NOTARY SEAL
I HEREBY REVOKE THE ABOVE TEMPORARY GUARDIANSHIP AGREEMENT.
.......................................... (PARENT SIGNATURE)
.............................. (DATE)
NOTARY SEAL
§ 5622. PETITION FOR APPROVAL OF DESIGNATION.
(A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), A
PETITION FOR COURT APPROVAL OF A DESIGNATION UNDER THIS CHAPTER
MAY BE MADE WHEN AN INDIVIDUAL WHO IS A CUSTODIAL PARENT OF A
MINOR HAS ENTERED A REHABILITATION FACILITY FOR TREATMENT OF A
DRUG OR ALCOHOL ADDICTION OR HAS BEEN SUBJECT TO EMERGENCY
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MEDICAL INTERVENTION DUE TO ABUSE OF DRUGS OR ALCOHOL BY FILING
WITH THE COURT A COPY OF THE DESIGNATION.
(B) EXCEPTION WHERE DESIGNATION HAS NOT BEEN ENTERED.--IF A
CUSTODIAL PARENT HAS BEEN SUBJECT TO EMERGENCY MEDICAL
INTERVENTION DUE TO ABUSE OF DRUGS OR ALCOHOL AND A WRITTEN
DESIGNATION HAS NOT BEEN EXECUTED, A FAMILY MEMBER SHALL
PETITION THE COURT TO HOLD A HEARING TO BE DESIGNATED TEMPORARY
GUARDIAN.
(C) NOTICE.--
(1) THE COURT SHALL NOTIFY A PERSON NAMED IN THE
DESIGNATION WITHIN 10 DAYS OF THE FILING OF THE PETITION AND
OF ANY HEARING ON THE PETITION.
(2) IF A DESIGNATION HAS NOT BEEN EXECUTED, THE
PETITIONER SHALL NOTIFY THE CUSTODIAL PARENT OR PARENTS,
NONCUSTODIAL PARENT OR ADOPTIVE PARENT WITHIN 10 DAYS OF THE
FILING OF THE PETITION AND OF ANY HEARING ON THE PETITION.
(3) IF THE PETITION ALLEGES THAT A NONCUSTODIAL PARENT
CANNOT BE LOCATED, THAT PARENT SHALL BE NOTIFIED IN
ACCORDANCE WITH THE NOTICE PROVISIONS OF THE PENNSYLVANIA
RULES OF CIVIL PROCEDURE IN CUSTODY MATTERS. NO NOTICE IS
NECESSARY TO A PARENT WHOSE PARENTAL RIGHTS HAVE PREVIOUSLY
BEEN TERMINATED OR RELINQUISHED.
(D) JURISDICTION.--FOR PURPOSES OF DETERMINING JURISDICTION
UNDER THIS CHAPTER, THE PROVISIONS OF CHAPTER 54 (RELATING TO
UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT) SHALL APPLY.
(E) PRESUMPTIONS.--IN A PROCEEDING FOR JUDICIAL APPOINTMENT
OF A TEMPORARY GUARDIAN, A DESIGNATION SHALL CONSTITUTE A
REBUTTABLE PRESUMPTION THAT THE DESIGNATED TEMPORARY GUARDIAN IS
CAPABLE OF SERVING AS COGUARDIAN OR GUARDIAN. WHEN THE
DESIGNATOR IS THE SOLE SURVIVING PARENT AND WHEN THE PARENTAL
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RIGHTS OF ANY NONCUSTODIAL PARENT HAVE BEEN TERMINATED OR
RELINQUISHED OR WHEN ALL PARTIES CONSENT TO THE DESIGNATION
THERE SHALL BE A REBUTTABLE PRESUMPTION THAT ENTRY OF THE
APPROVAL ORDER IS IN THE BEST INTEREST OF THE CHILD. IN ANY
CASE, IF THE COURT FINDS ENTRY OF THE APPROVAL ORDER TO BE IN
THE BEST INTERESTS OF THE CHILD, THE COURT SHALL ENTER AN ORDER
APPROVING THE DESIGNATION PETITION.
(F) APPROVAL WITHOUT HEARING.--APPROVAL OF THE DESIGNATION
WITHOUT A HEARING IS PERMITTED WHEN THE DESIGNATOR IS THE SOLE
SURVIVING PARENT, WHEN THE PARENTAL RIGHTS OF A NONCUSTODIAL
PARENT HAVE BEEN TERMINATED OR RELINQUISHED OR WHEN ALL PARTIES
CONSENT TO ENTRY OF THE APPROVAL ORDER.
(G) HEARING.--IF A HEARING IS REQUIRED, IT SHALL BE
CONDUCTED IN ACCORDANCE WITH THE PROCEEDINGS UNDER CHAPTERS 53
(RELATING TO CHILD CUSTODY) AND 54.
(H) COURT APPEARANCE.--IF A DESIGNATION HAS NOT BEEN
EXECUTED AND A PETITION FOR TEMPORARY GUARDIANSHIP HAS BEEN
FILED WITH THE COURT BY A FAMILY MEMBER, THE CUSTODIAL PARENT
AND NONCUSTODIAL PARENT OR ADOPTIVE PARENT SHALL APPEAR IN COURT
IN ORDER TO CONSENT TO OR OPPOSE THE DESIGNATION. IF NOTICE HAS
BEEN GIVEN UNDER SUBSECTION (C)(3) AND A NONCUSTODIAL PARENT
DOES NOT APPEAR IN COURT, IT IS PRESUMED THAT CONSENT TO THE
DESIGNATION HAS BEEN GRANTED.
(I) COSTS.--A COURT MAY WAIVE FILING FEES AND OTHER COSTS
UPON APPLICATION WHEN THE PETITIONER DEMONSTRATES THE FEES AND
OTHER COSTS WOULD CONSTITUTE A FINANCIAL BURDEN UPON THE
PETITIONER AND THE PETITIONER'S FAMILY. THERE SHALL BE A
PRESUMPTION OF A FINANCIAL BURDEN IF THE INCOME FROM ALL SOURCES
OF THE PETITIONER IS LESS THAN 300% OF THE POVERTY LEVEL SET BY
THE FEDERAL GOVERNMENT.
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§ 5623. AUTHORITY OF TEMPORARY GUARDIAN.
(A) AUTHORITY.--
(1) THE TEMPORARY GUARDIAN SHALL HAVE THE AUTHORITY TO
ACT AS COGUARDIAN OR GUARDIAN UPON A CUSTODIAL PARENT
ENTERING INTO AN ALCOHOL OR DRUG TREATMENT FACILITY OR UPON A
COURT ORDERING THE DESIGNATION PURSUANT TO HEARING UNDER
SUBSECTION 5622(B) (RELATING TO PETITION FOR APPROVAL OF
DESIGNATION).
(2) THE COMMENCEMENT OF THE TEMPORARY GUARDIAN'S
AUTHORITY TO ACT AS COGUARDIAN SHALL NOT ITSELF DIVEST THE
CUSTODIAL PARENT OF PARENTAL RIGHTS BUT SHALL CONFER UPON THE
TEMPORARY GUARDIAN CONCURRENT OR SHARED CUSTODY OF THE CHILD.
(3) A COGUARDIAN SHALL ASSURE FREQUENT AND CONTINUING
CONTACT WITH AND PHYSICAL ACCESS TO THE CHILD AND SHALL
FURTHER ASSURE THE INVOLVEMENT OF THE CUSTODIAL PARENT, TO
THE GREATEST EXTENT POSSIBLE, IN THE DECISION MAKING ON
BEHALF OF THE CHILD.
(4) THE COMMENCEMENT OF A TEMPORARY GUARDIAN'S AUTHORITY
UNDER THIS SUBCHAPTER SHALL NOT ITSELF DIVEST A PARENT OR
LEGAL GUARDIAN OF PARENTAL OR GUARDIANSHIP RIGHTS.
(B) LIMITATIONS ON AUTHORITY.--IN ADDITION TO ANY OTHER
RESTRICTIONS PLACED ON A TEMPORARY GUARDIAN BY THE COURT, THE
TEMPORARY GUARDIAN MAY NOT:
(1) REMOVE THE MINOR OR PERMIT THE MINOR TO BE REMOVED
FROM THE UNITED STATES EITHER PERMANENTLY OR TEMPORARILY
WITHOUT THE CONSENT OF THE CUSTODIAL PARENT AND THE APPROVAL
OF THE COURT; OR
(2) REMOVE THE MINOR FROM THIS COMMONWEALTH ABSENT A
COURT ORDER, WHICH MAY ONLY BE ISSUED AFTER A HEARING AT
WHICH BOTH PARENTS AND THE MINOR SHALL HAVE THE RIGHT TO BE
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PRESENT.
§ 5624. PERIOD OF TEMPORARY GUARDIANSHIP.
(A) INITIAL PERIOD.--TEMPORARY GUARDIANSHIP UNDER THIS
SUBCHAPTER SHALL BE LIMITED TO NOT MORE THAN 90 DAYS FROM ENTRY
OF THE ORDER OF TEMPORARY GUARDIANSHIP.
(B) EXTENSION OF GUARDIANSHIP.--UPON APPROVAL BY THE COURT
OR BY WRITTEN AGREEMENT OF THE TEMPORARY GUARDIAN AND THE PARENT
WHO HAS ENTERED A REHABILITATION FACILITY, TEMPORARY
GUARDIANSHIP SHALL BE EXTENDED FOR PERIODS OF UP TO 90
ADDITIONAL DAYS.
(C) TOTAL PERIOD.--THE TOTAL PERIOD OF GUARDIANSHIP UNDER
THIS SECTION SHALL NOT EXCEED 365 DAYS.
§ 5625. TERMINATION OF TEMPORARY GUARDIANSHIP.
(A) CONDITIONS.--A COURT SHALL TERMINATE A TEMPORARY
GUARDIANSHIP IF ANY OF THE FOLLOWING EXISTS:
(1) THE CUSTODIAL PARENT DEMONSTRATES THE BASIS FOR THE
TEMPORARY GUARDIANSHIP NO LONGER EXISTS.
(2) THE CUSTODIAL PARENT AND TEMPORARY GUARDIAN AGREE
UPON TERMINATION.
(3) THE TEMPORARY GUARDIAN FILES A PETITION WITH THE
COURT SEEKING TERMINATION.
(4) SUBJECT TO SUBSECTION (B), A NONCUSTODIAL OR
ADOPTIVE PARENT FILES A PETITION WITH THE COURT SEEKING
TERMINATION OF THE GUARDIANSHIP.
(5) THE TEMPORARY GUARDIAN OR AN INDIVIDUAL WHO RESIDES
WITH THE TEMPORARY GUARDIAN COMMITS AN OFFENSE THAT RESULTS
IN THE TEMPORARY GUARDIAN OR AN INDIVIDUAL WHO RESIDES WITH
THE TEMPORARY GUARDIAN BEING IDENTIFIED AS A PERPETRATOR AS
DEFINED IN SECTION 6303 (RELATING TO DEFINITIONS).
(B) MANDATORY CONSIDERATIONS.--BEFORE TERMINATING AN ORDER
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FOR TEMPORARY GUARDIANSHIP UNDER SUBSECTION (A)(4), THE COURT
SHALL CONSIDER IF TERMINATION OF THE TEMPORARY GUARDIANSHIP IS
IN THE BEST INTERESTS OF THE MINOR IF THE INDIVIDUAL'S PARENTAL
RIGHTS WERE PREVIOUSLY TERMINATED.
SECTION 5. SECTION 6340(A)(5.1) OF TITLE 23 IS AMENDED TO
READ:
§ 6340. RELEASE OF INFORMATION IN CONFIDENTIAL REPORTS.
(A) GENERAL RULE.--REPORTS SPECIFIED IN SECTION 6339
(RELATING TO CONFIDENTIALITY OF REPORTS) SHALL ONLY BE MADE
AVAILABLE TO:
* * *
(5.1) A COURT OF COMMON PLEAS IN CONNECTION WITH ANY
MATTER INVOLVING CUSTODY OF A CHILD AS SET FORTH IN SECTIONS
5328 (RELATING TO FACTORS TO CONSIDER WHEN AWARDING CUSTODY)
AND 5329.1 (RELATING TO CONSIDERATION OF CHILD ABUSE AND
INVOLVEMENT WITH PROTECTIVE SERVICES) OR TEMPORARY
GUARDIANSHIP OF A CHILD UNDER CHAPTER 56 (RELATING TO STANDBY
AND TEMPORARY GUARDIANSHIP).
* * *
SECTION 6. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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