PRINTER'S NO. 3462
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2363
Session of
2020
INTRODUCED BY TOOHIL, STEPHENS, SCHLOSSBERG, FREEMAN, BERNSTINE,
READSHAW, HOWARD, BOBACK, PICKETT, MIZGORSKI, THOMAS, ROZZI,
MENTZER, DeLUCA AND BROWN, MARCH 13, 2020
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 13, 2020
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for relief.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6108(a)(4) of Title 23 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 6108. Relief.
(a) General rule.--Subject to subsection (a.1), the court
may grant any protection order or approve any consent agreement
to bring about a cessation of abuse or to prevent further abuse
of the plaintiff or minor children. The order or agreement may
include:
* * *
(4) Awarding temporary custody of or establishing
temporary visitation rights with regard to minor children.
Relief under this paragraph shall have the effect of
temporarily establishing a custody order or modifying an
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existing custody order, as appropriate. Notwithstanding the
provisions of Chapter 53 (relating to child custody) or any
other law to the contrary, in order to provide relief under
this paragraph, the court shall not be required to engage in
a full custody analysis as specified in Chapter 53. In
determining whether to award temporary custody or establish
temporary visitation rights pursuant to this paragraph, the
court shall consider any risk posed by the defendant to the
children as well as risk to the plaintiff. The following
shall apply:
(i) A defendant shall not be granted custody,
partial custody or unsupervised visitation where it is
alleged in the petition, and the court finds after a
hearing under this chapter, that the defendant:
(A) abused the minor children of the parties or
poses a risk of abuse toward the minor children of
the parties; or
(B) has been convicted of violating 18 Pa.C.S. §
2904 (relating to interference with custody of
children) within two calendar years prior to the
filing of the petition for protection order or that
the defendant poses a risk of violating 18 Pa.C.S. §
2904.
(ii) Where the court finds after a hearing under
this chapter that the defendant has inflicted abuse upon
the plaintiff or a child, the court may require
supervised custodial access by a third party. The third
party must agree to be accountable to the court for
supervision and execute an affidavit of accountability.
(iii) Where the court finds after a hearing under
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this chapter that the defendant has inflicted serious
abuse upon the plaintiff or a child or poses a risk of
abuse toward the plaintiff or a child, the court may:
(A) award supervised visitation in a secure
visitation facility; or
(B) deny the defendant custodial access to a
child.
(iv) If a plaintiff petitions for a temporary order
under section 6107(b) (relating to hearings) and the
defendant has partial, shared or full custody of the
minor children of the parties by order of court or
written agreement of the parties, the custody shall not
be disturbed or changed unless the court finds that the
defendant is likely to inflict abuse upon the children or
to remove the children from the jurisdiction of the court
prior to the hearing under section 6107(a). Where the
defendant has forcibly or fraudulently removed any minor
child from the care and custody of a plaintiff, the court
shall order the return of the child to the plaintiff
unless the child would be endangered by restoration to
the plaintiff.
(v) Nothing in this paragraph shall bar either party
from filing a petition for custody under Chapter 53
[(relating to custody)] or under the Pennsylvania Rules
of Civil Procedure.
(vi) In order to prevent further abuse during
periods of access to the plaintiff and child during the
exercise of custodial rights, the court shall consider,
and may impose on a custody award, conditions necessary
to assure the safety of the plaintiff and minor children
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from abuse.
(vii) The court may approve any custody provisions
agreed to by the parties.
(viii) If relief is sought under this paragraph and
the court does not order relief, the court shall state on
the record or in the order why no relief under this
paragraph has been granted.
* * *
Section 2. This act shall take effect in 180 days.
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