PRIOR PRINTER'S NO. 1133
PRINTER'S NO. 1375
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
844
Session of
2017
INTRODUCED BY WHITE, RAFFERTY, EICHELBERGER, RESCHENTHALER,
FOLMER, YUDICHAK, STEFANO, YAW AND TARTAGLIONE,
SEPTEMBER 6, 2017
AS AMENDED ON THIRD CONSIDERATION, DECEMBER 11, 2017
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child custody, further providing
for standing for any form of physical custody or legal
custody AND FOR STANDING FOR PARTIAL PHYSICAL CUSTODY AND
SUPERVISED PHYSICAL CUSTODY.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5324 of Title 23 of the Pennsylvania
Consolidated Statutes is amended by MAKING A SUBSECTION
DESIGNATION, ADDING A SUBSECTION AND adding a paragraph to read:
§ 5324. Standing for any form of physical custody or legal
custody.
(A) INDIVIDUALS.--The following individuals may file an
action under this chapter for any form of physical custody or
legal custody:
* * *
(4) If EXCEPT AS SET FORTH IN SUBSECTION (B), IF no
biological parent or adoptive parent of the A child has
custody of the child, an individual who ESTABLISHES BY CLEAR
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AND CONVINCING EVIDENCE THAT THE INDIVIDUAL :
(i) assumes or is willing to assume responsibility
for the child; and
(ii) has a sustained, substantial and sincere
interest in the welfare of the child, which may be
demonstrated by factors involving the nature, quality,
extent and length of involvement by the individual in the
child's life, including, but not limited to:
(A) The THE financial support or assistance paid
by the individual for the benefit of the child . ; AND
(B) Whether WHETHER the individual has
previously stood in loco parentis to the child.
(B) EXCEPTIONS.--SUBSECTION (A)(4) DOES NOT APPLY TO ANY OF
THE FOLLOWING:
(1) INTERVENTION IN A DEPENDENCY PROCEEDING.
(2) AN ACTION BY A PARTY WHO HAS PARTICIPATED IN A
DEPENDENCY PROCEEDING RELATING TO THE CHILD.
(3) A CHALLENGE TO THE PLACEMENT OF THE CHILD IN:
(I) FOSTER CARE; OR
(II) KINSHIP CARE.
(4) A CHALLENGE TO AN ORDER OF PERMANENT LEGAL CUSTODY
UNDER 42 PA.C.S. § 6351(F.1)(3) OR (4) (RELATING TO
DISPOSITION OF DEPENDENT CHILD).
SECTION 1.1. SECTION 5325(2) OF TITLE 23 IS AMENDED TO READ:
§ 5325. STANDING FOR PARTIAL PHYSICAL CUSTODY AND SUPERVISED
PHYSICAL CUSTODY.
IN ADDITION TO SITUATIONS SET FORTH IN SECTION 5324 (RELATING
TO STANDING FOR ANY FORM OF PHYSICAL CUSTODY OR LEGAL CUSTODY),
GRANDPARENTS AND GREAT-GRANDPARENTS MAY FILE AN ACTION UNDER
THIS CHAPTER FOR PARTIAL PHYSICAL CUSTODY OR SUPERVISED PHYSICAL
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CUSTODY IN THE FOLLOWING SITUATIONS:
* * *
(2) WHERE THE PARENTS OF THE CHILD [HAVE BEEN SEPARATED
FOR A PERIOD OF AT LEAST SIX MONTHS OR]:
(I) HAVE COMMENCED [AND CONTINUED] A PROCEEDING [TO
DISSOLVE THEIR MARRIAGE] FOR CUSTODY; AND
(II) DO NOT AGREE AS TO WHETHER THE GRANDPARENTS OR
GREAT GRANDPARENTS SHOULD HAVE CUSTODY UNDER THIS
SECTION; OR
* * *
Section 2. The addition of 23 Pa.C.S. § 5324(4) 5324(A)(4)
AND (B) shall apply to all custody proceedings irrespective of
whether the proceeding was commenced before, on or after the
effective date of this section.
Section 3. This act shall take effect in 60 days.
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