Regular Session 2019-2020 Senate Bill 0868 P.N. 2008

PRIOR PRINTER'S NO. 1229

PRINTER'S NO. 2008

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

868

Session of

2019

INTRODUCED BY SANTARSIERO, FONTANA, MUTH, HUGHES, COLLETT,

BREWSTER, SCHWANK, COSTA, BLAKE, MENSCH, KEARNEY, LEACH,

YUDICHAK, STREET, SABATINA, BROWNE AND BARTOLOTTA,

SEPTEMBER 30, 2019

SENATOR BAKER, JUDICIARY, AS AMENDED, SEPTEMBER 22, 2020

AN ACT

Amending Titles 23 (Domestic Relations) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, in child custody, further providing for

definitions, for award of custody, for factors to consider

when awarding custody, for consideration of criminal

conviction, for guardian ad litem for child, for counsel for

child and for award of counsel fees, costs and expenses; AND,

in Administrative Office of Pennsylvania Courts, providing

for child abuse and domestic violence ABUSE education and

training program for judges and court personnel; and, in

depositions and witnesses, further providing for rights and

services.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The General Assembly finds and declares as

follows:

(1) The Commonwealth has a duty to protect all children

in this Commonwealth and all three branches of the State

government play important roles in fulfilling that duty.

(2) Domestic violence ABUSE is a pattern of coercive and

controlling tactics by one partner against another in an

intimate partner relationship designed to maintain control

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over the partner and make the major decisions in the

relationship. ABUSE WITHIN THE FAMILY OR HOUSEHOLD AND CAN

INCLUDE ABUSE OF A PARTNER, SPOUSE, CHILD OR PET.

(3) Although abusers often use physical violence as one

of the tactics to commit domestic violence, not all abusers

engage in physical violence and most ABUSE, THESE tactics are

not NECESSARILY physical or illegal.

(4) Common tactics used to commit domestic violence

THESE TACTICS CAN include verbal, emotional, psychological

and economic abuse, isolation, threats, including threats to

seek custody if the victim leaves, controlling behaviors,

monitoring, litigation abuse and THREATS TO SEEK OR demands

for custody or joint custody to pressure the partner to

return or punish the partner for leaving.

(5) The health and safety of all children in this

Commonwealth must be the first priority in all decisions

concerning child custody.

(6) In child custody proceedings in which there are

allegations of domestic violence, expertise in domestic

violence is required to determine if the allegations are

valid.

(7) It is the intent of the General Assembly to:

(i) Ensure that in all cases and controversies

(6) IT IS THE INTENT OF THE GENERAL ASSEMBLY TO ENSURE

THAT IN ALL CASES AND CONTROVERSIES before the courts

involving questions of child custody, the health, safety and

welfare of the child are protected and regarded as issues of

paramount importance.

(ii) Rectify common past practices in this

Commonwealth that have been shown to work poorly for

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children.

(iii) Encourage custody court professionals to

utilize current and valid scientific research in making

decisions regarding child custody.

Section 2. The definition of "abuse" in section 5322(a) of

Title 23 of the Pennsylvania Consolidated Statutes is amended

and the subsection is amended by adding definitions to read:

§ 5322. Definitions.

(a) This chapter.--The following words and phrases when used

in this chapter shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Abuse." As follows:

(1) As defined in section 6102 (relating to definitions)

[.] and the term includes the following:

(i) The crime of harassment pursuant to 18 Pa.C.S. §

2709 (relating to harassment).

(ii) The crime of stalking pursuant to 18 Pa.C.S. §

2709.1 (relating to stalking). CRIME OF STALKING PURSUANT

TO 18 PA.C.S. § 2709.1 (RELATING TO STALKING).

(2) The term does not include the justified use of force

in self-protection or for the protection of other persons in

accordance with 18 Pa.C.S. Ch. 5 (relating to general

principles of justification) § 505 (RELATING TO USE OF FORCE

IN SELF-PROTECTION) by a party in response to abuse or

domestic violence ABUSE by the other party.

* * *

"Health and safety of the child." The term includes, but is

not limited to, the physical, emotional and psychological

health, safety and well-being of the child.

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"Therapeutic setting." Any setting where a licensed

therapist, counselor, social worker or other appropriate

professional guides or monitors the interaction between the

party and child and ensures the health and safety of the child.

"NONPROFESSIONAL SUPERVISED PHYSICAL CUSTODY." CUSTODIAL

TIME DURING WHICH AN AGENCY OR AN ADULT, WHO IS NOT A LICENSED

PROFESSIONAL DESIGNATED BY THE COURT OR AGREED UPON BY THE

PARTIES, MONITORS THE INTERACTION BETWEEN THE CHILD AND THE

INDIVIDUAL WITH THOSE RIGHTS.

"PROFESSIONAL SUPERVISED PHYSICAL CUSTODY." CUSTODIAL TIME

DURING WHICH A LICENSED PROFESSIONAL MONITORS THE INTERACTION

BETWEEN THE CHILD AND THE INDIVIDUAL WITH THOSE CUSTODY RIGHTS

AND PROMOTES THE CHILD'S HEALTH AND SAFETY DURING THE

INTERACTION.

Section 3. Section 5323(e) of Title 23 is amended AND THE

SECTION IS AMENDED BY ADDING SUBSECTIONS to read:

§ 5323. Award of custody.

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(e) Safety conditions.--After considering the factors under

[section [5328(a)(2)] 5328 SECTIONS 5328, 5329 (RELATING TO

CONSIDERATION OF CRIMINAL CONVICTION), 5329.1 (RELATING TO

CONSIDERATION OF CHILD ABUSE AND INVOLVEMENT WITH PROTECTIVE

SERVICES) AND 5330 (RELATING TO CONSIDERATION OF CRIMINAL

CHARGE), if the court finds [that there is an ongoing] A HISTORY

OF ABUSE OF THE CHILD OR A HOUSEHOLD MEMBER BY A PARTY OR risk

of harm to the child or an abused party and awards any form of

custody to a party who committed the abuse or who has a

household member who committed the abuse, the court shall

include in the custody order safety conditions [designed],

restrictions or safeguards AS necessary to protect the child or

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the abused party[.] and to minimize any risk of harm to the

child. The safety conditions, restrictions or safeguards may

include a supervised physical custody arrangement imposed on a

parent by the court. If the court orders a supervised physical

custody arrangement, the supervised physical custody arrangement

shall be conducted by a court-approved professional in a

therapeutic setting and under conditions that ensure the health

and safety of the child. , INCLUDING:

(1) NONPROFESSIONAL SUPERVISED PHYSICAL CUSTODY.

(2) PROFESSIONAL SUPERVISED PHYSICAL CUSTODY.

(3) LIMITATIONS ON THE TIME OF DAY THAT PHYSICAL CUSTODY

IS PERMITTED OR ON THE NUMBER OF HOURS OF PHYSICAL CUSTODY

AND THE MAXIMUM NUMBER OF HOURS OF PHYSICAL CUSTODY PERMITTED

PER DAY OR PER WEEK.

(4) APPOINT A QUALIFIED PROFESSIONAL SPECIALIZING IN

TREATMENT RELATING TO THE HISTORY OF ABUSE OR RISK OF HARM TO

PROVIDE COUNSELING. COUNSELING MAY INCLUDE A PROGRAM OF

TREATMENT OR INDIVIDUAL THERAPY DESIGNED TO REHABILITATE THE

OFFENDING INDIVIDUAL, WHICH INCLUDES ISSUES REGARDING

PHYSICAL OR SEXUAL ABUSE, DOMESTIC ABUSE, THE PSYCHOLOGY OF

THE OFFENDER AND THE EFFECTS OF ABUSE ON THE VICTIM AND THE

CHILD. IF COUNSELING IS ORDERED THE COURT MAY REQUIRE AN

EVALUATION BY THE APPOINTED QUALIFIED PROFESSIONAL TO

DETERMINE WHETHER FURTHER COUNSELING OF THE OFFENDER IS

NECESSARY.

(5) LIMITATIONS ON LEGAL CUSTODY.

(6) ANY OTHER SAFETY CONDITION, RESTRICTION, OR

SAFEGUARD AS NECESSARY TO ENSURE THE HEALTH AND SAFETY OF THE

CHILD.

(E.1) SUPERVISION.--IF A COURT FINDS BY A PREPONDERANCE OF

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THE EVIDENCE THAT A PARTY HAS SUBJECTED THE CHILD OR ANY

HOUSEHOLD MEMBER TO ABUSE, THE COURT SHALL BE PRESUMED TO ONLY

ALLOW NONPROFESSIONAL SUPERVISED PHYSICAL CUSTODY OR

PROFESSIONAL SUPERVISED PHYSICAL CUSTODY BETWEEN THE CHILD AND

THE PARTY WHO COMMITTED THE ABUSE UNLESS THE COURT MAKES A

FINDING ON THE RECORD THAT IT FINDS BY A PREPONDERANCE OF THE

EVIDENCE THAT THE PARTY NO LONGER POSES A RISK OF ABUSE TO THE

CHILD OR ANY OTHER HOUSEHOLD MEMBER AND THAT ANOTHER CUSTODY

ARRANGEMENT IS IN THE BEST INTEREST OF THE CHILD AND WILL NOT

CAUSE PHYSICAL, EMOTIONAL OR PSYCHOLOGICAL HARM TO THE CHILD.

(E.2) PROFESSIONAL SUPERVISION.--IF A COURT FINDS BY A

PREPONDERANCE OF THE EVIDENCE THAT THERE IS AN ONGOING RISK OF

ABUSE OF THE CHILD, THE COURT SHALL BE PRESUMED TO ONLY ALLOW

PROFESSIONAL SUPERVISED PHYSICAL CUSTODY BETWEEN THE CHILD AND

THE PARTY WHO COMMITTED THE ABUSE UNLESS THE COURT MAKES A

FINDING ON THE RECORD THAT IT FINDS BY A PREPONDERANCE OF THE

EVIDENCE THAT THE PARTY NO LONGER POSES A RISK OF ABUSE TO THE

CHILD OR ANY OTHER HOUSEHOLD MEMBER AND THAT ANOTHER CUSTODY

ARRANGEMENT IS IN THE BEST INTEREST OF THE CHILD AND WILL NOT

CAUSE PHYSICAL, EMOTIONAL OR PSYCHOLOGICAL HARM TO THE CHILD.

* * *

Section 4. Section 5328(a) of Title 23 is amended and the

section is amended by adding a subsection to read:

§ 5328. Factors to consider when awarding custody.

(a) Factors.--In ordering any form of custody, the court

shall determine the best interest of the child by considering

all relevant factors, giving weighted consideration to those

factors which affect the health and safety of the child,

including the following:

(1) Which party is more likely to ensure the health and

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safety of the child. No form of custody may be awarded to a

parent or party who jeopardizes the health and safety of the

child by unreasonably placing the child at substantial risk

of severe emotional distress or bodily injury.

[(1)] (1.1 ) Which party is more likely to encourage and

permit frequent and continuing contact between the child and

another party[.], except in cases of child abuse or domestic

violence or if the child's physical or emotional well-being

is jeopardized by one of the parties.

(2) The present and past abuse committed by a party or

member of the party's household.[, whether there is a

continued risk of harm to the child or an abused party and

which party can better provide adequate physical safeguards

and supervision of the child.]

(2.1) The information set forth in section 5329.1(a)

(relating to consideration of child abuse and involvement

with protective services).

(2.2) A history of abuse committed by a party or member

of the party's household against any of the following:

(i) The other party.

(ii) A child in the party's household.

(iii) Any other party who currently or formerly

resided in the party's household.

(2.3) A significant history of violent, assaultive or

abusive behavior committed by a party or a member of the

party's household outside of the household or against a

nonfamily member that jeopardizes the health and safety of

the child by unreasonably placing the child at substantial

risk of severe emotional distress or bodily injury. VIOLENT

OR ASSAULTIVE BEHAVIOR COMMITTED BY A PARTY, INCLUDING PAST

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OR CURRENT PROTECTION FROM ABUSE AND SEXUAL VIOLENCE ABUSE

PROTECTION ORDERS.

(2.3) WHICH PARTY IS MORE LIKELY TO ENCOURAGE AND PERMIT

FREQUENT AND CONTINUING CONTACT BETWEEN THE CHILD AND ANOTHER

PARTY IF CONTACT IS CONSISTENT WITH THE HEALTH AND SAFETY

NEEDS OF THE CHILD.

(3) The present and past parental [duties] and caretaker

duties performed by each party on behalf of the child.

(4) The need for stability and continuity in the child's

education, family life and community life except if changes

are necessary to protect the health and safety of the child.

(5) The availability of extended family.

(6) The child's sibling relationships.

(7) The well-reasoned preference of the child, based on

the child's DEVELOPMENTAL STAGE, maturity and judgment. In

assessing the factor under this paragraph, the child's fear

of a parent PARTY based on the parent's PARTY'S specific

conduct that is contrary to the child's best interest shall

be considered well-reasoned.

(8) The attempts of a [parent] PARTY to turn the child

against the other [parent] as proven by competent and

admissible evidence PARTY , except in cases of child abuse or

[domestic violence] where reasonable safety measures are

necessary to protect the HEALTH AND SAFETY OF THE child from

harm. The following apply:

(i) A parent's reasonable concerns for a child's

safety and welfare and the parent's reasonable efforts to

educate, support and protect the child shall not be

considered attempts to turn the child against the other

parent.

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(ii) In cases of child abuse and domestic violence,

the court shall not use the factor under this paragraph

in ordering any form of custody.

(iii) A child's deficient or negative relationship

with a parent shall not be presumed to be caused by the

other parent.

(iv) An order aimed at remediating a negative

parent-child relationship shall account for the behaviors

that the child's disfavored parent may have contributed

to the negative parent-child relationship. A PARTY'S

REASONABLE CONCERNS FOR A CHILD'S HEALTH AND WELFARE AND

THE PARTY'S REASONABLE EFFORTS TO PROTECT THE CHILD SHALL

NOT BE CONSIDERED ATTEMPTS TO TURN THE CHILD AGAINST THE

OTHER PARTY. A CHILD'S DEFICIENT OR NEGATIVE RELATIONSHIP

WITH A PARTY SHALL NOT BE PRESUMED TO BE CAUSED BY THE

OTHER PARTY.

(9) Which party is more likely to maintain a loving,

stable, consistent and nurturing relationship with the child

adequate for the child's emotional needs.

(10) Which party is more likely to attend to the daily

physical, emotional, developmental, educational and special

needs of the child.

(11) The proximity of the residences of the parties.

(12) Each party's availability to care for the child or

ability to make appropriate child-care arrangements.

(13) The level of conflict between the parties and the

willingness and ability of the parties to cooperate with one

another. A party's effort to protect a child OR SELF from

abuse by another party is not evidence of unwillingness or

inability to cooperate with that party.

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(14) The history of drug or alcohol abuse of a party or

member of a party's household.

(15) The mental and physical condition of a party or

member of a party's household[.], including, but not limited

to, a risk to self, the child in particular or others, that

creates a risk to the health and safety of the child or a

party.

(15.1) Allegations of child abuse or a history of

domestic violence in the presence of the child. The following

shall apply:

(i) An evidentiary hearing limited to evidence

related to the issue of child abuse or domestic violence

shall be held if consideration is given under this

paragraph.

(ii) A parent's good faith disclosure of a

communication to the parent by the child of child abuse

or domestic violence shall not be a factor that weighs

against the safe parent in determining custody.

(iii) If the court finds by clear and convincing

evidence an act of child abuse or a pattern of domestic

violence, including sexual abuse and trauma, by a parent,

the court shall award sole physical custody of the child

to the safe parent or party and shall suspend any

physical custody, except that it may award supervised

physical custody if it is in the best interest of the

child and supervised physical custody would protect the

health and safety of the child, to the parent engaged in

a pattern of domestic violence or abusive behavior. If a

parent shows by clear and convincing evidence that the

parent is no longer a threat to the health and safety of

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the child after completion of a court-approved treatment

plan, the court may award custody other than supervised

physical custody to the parent. Any cost incurred for

supervised physical custody shall be paid by the abusing

parent.

(iv) Statements and testimony provided pursuant to

an evidentiary hearing under this paragraph may not be

used in another civil proceeding, criminal trial or any

other forum.

(15.2) Evidence of child abuse.

(16) Any other relevant factor.

(a.1) Conditions.--

(1) In considering the awarding of custody, including

psychological or medical theories proffered by the parties

under subsection (a), the court shall:

(i) Consider evidence of the parent's current mental

health condition and the risk that the parent will again

subject the child or other household members to domestic

abuse or unreasonably permit abuse to a child despite

having the ability to prevent the abuse.

(ii) Order custody only if the parent proves by

clear and convincing evidence that the custody is in the

best interest of the child and that the parent will not

cause any unreasonable physical, emotional or

psychological harm to the child.

(iii) In the case of a supervised physical custody

imposed on a parent, order restrictions, conditions and

safeguards necessary to minimize any risk of harm to the

child, including extending the supervised physical

custody.

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(2) A supervised physical custody arrangement imposed on

a parent by a court shall be conducted by a court-approved

professional in a therapeutic setting and under conditions

that ensure the health and safety of the child. The

supervised physical custody arrangement shall not be

conducted in the parent's home and shall not extend

overnight. All costs of the supervision shall be paid by the

parent awarded supervised physical custody.

(3) No act of self-defense by a parent in response to

the family violence or domestic abuse of the other parent

shall be deemed family violence or domestic violence for the

purposes of this section.

(4) All costs, including the other parent's attorney

fees and the fees of any counsel for the child and all

treatment expenses incurred in compliance with this section,

shall be paid by the parent who is found to have committed

child abuse or domestic violence.

(A.1) EXCEPTION.--NONE OF THE FACTORS IN SUBSECTION (A)

SHALL BE ADVERSELY WEIGHED AGAINST A PARTY IF THAT PARTY OR THE

CHILD WAS SUBJECTED TO ABUSE BY THE OTHER PARTY.

* * *

Section 5. Sections 5329(a), 5334(c), 5335(b) and 5339 of

Title 23 are amended to read:

§ 5329. Consideration of criminal conviction.

(a) Offenses.--Where a party seeks any form of custody, the

court shall consider whether that party or member of that

party's household has been convicted of or has pleaded guilty or

no contest to any of the offenses in this section or an offense

in another jurisdiction substantially equivalent to any of the

offenses in this section. The court shall consider such conduct

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and determine that the party does not pose a threat of harm to

the child before making any order of custody to that party when

considering the following offenses:

18 Pa.C.S. Ch. 25 (relating to criminal homicide).

18 Pa.C.S. § 2702 (relating to aggravated assault).

18 Pa.C.S. § 2706 (relating to terroristic threats).

18 PA.C.S. § 2701 (RELATING TO SIMPLE ASSAULT).

18 PA.C.S. § 2705 (RELATING TO RECKLESSLY ENDANGERING ANOTHER

PERSON).

18 Pa.C.S. § 2709.1 (relating to stalking).

18 Pa.C.S. § 2718 (relating to strangulation).

18 Pa.C.S. § 2901 (relating to kidnapping).

18 Pa.C.S. § 2902 (relating to unlawful restraint).

18 Pa.C.S. § 2903 (relating to false imprisonment).

18 Pa.C.S. § 2910 (relating to luring a child into a motor

vehicle or structure).

18 PA.C.S. § 3011 (RELATING TO TRAFFICKING IN INDIVIDUALS).

18 PA.C.S. § 3012 (RELATING TO INVOLUNTARY SERVITUDE).

18 PA.C.S. § 3013 (RELATING TO PATRONIZING A VICTIM OF SEXUAL

SERVITUDE).

18 Pa.C.S. § 3121 (relating to rape).

18 Pa.C.S. § 3122.1 (relating to statutory sexual assault).

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual

intercourse).

18 Pa.C.S. § 3124.1 (relating to sexual assault).

18 Pa.C.S. § 3125 (relating to aggravated indecent assault).

18 Pa.C.S. § 3126 (relating to indecent assault).

18 Pa.C.S. § 3127 (relating to indecent exposure).

18 Pa.C.S. § 3129 (relating to sexual intercourse with

animal).

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18 Pa.C.S. § 3130 (relating to conduct relating to sex

offenders).

18 Pa.C.S. § 3301 (relating to arson and related offenses).

18 Pa.C.S. § 4302 (relating to incest).

18 Pa.C.S. § 4303 (relating to concealing death of child).

18 Pa.C.S. § 4304 (relating to endangering welfare of

children).

18 Pa.C.S. § 4305 (relating to dealing in infant children).

18 PA.C.S. § 5533 (RELATING TO CRUELTY TO ANIMAL).

18 PA.C.S. § 5534 (RELATING TO AGGRAVATED CRUELTY TO ANIMAL).

18 PA.C.S. § 5543 (RELATING TO ANIMAL FIGHTING).

18 PA.C.S. § 5544 (RELATING TO POSSESSION OF ANIMAL FIGHTING

PARAPHERNALIA).

18 Pa.C.S. § 5902(b) (relating to prostitution and related

offenses).

18 Pa.C.S. § 5903(c) or (d) (relating to obscene and other

sexual materials and performances).

18 Pa.C.S. § 6301 (relating to corruption of minors).

18 Pa.C.S. § 6312 (relating to sexual abuse of children).

18 Pa.C.S. § 6318 (relating to unlawful contact with minor).

18 Pa.C.S. § 6320 (relating to sexual exploitation of

children).

Section 6114 (relating to contempt for violation of order or

agreement).

The former 75 Pa.C.S. § 3731 (relating to driving under

influence of alcohol or controlled substance).

75 Pa.C.S. Ch. 38 (relating to driving after imbibing alcohol

or utilizing drugs).

Section 13(a)(1) of the act of April 14, 1972 (P.L.233,

No.64), known as The Controlled Substance, Drug, Device and

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Cosmetic Act, to the extent that it prohibits the manufacture,

sale or delivery, holding, offering for sale or possession of

any controlled substance or other drug or device.

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§ 5334. Guardian ad litem for child.

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child] or substantial allegations of domestic violence which

impacts the child are made, the court [shall] MAY appoint a

guardian ad litem for the child if:

(1) counsel for the child is not appointed under section

5335 (relating to counsel for child); [or]

(2) the court is satisfied that the relevant information

will be presented to the court only with such appointment[.];

(3) the A guardian ad litem establishes APPOINTED UNDER

THIS SECTION SHALL ESTABLISH that the guardian ad litem

received education and training under the program specified

under 42 Pa.C.S. § 1908 (relating to child abuse and domestic

violence ABUSE education and training program for judges and

court personnel) or substantially similar training PRIOR TO

APPOINTMENT .

* * *

§ 5335. Counsel for child.

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(b) Abuse.--Substantial allegations of abuse [of the child]

and substantial allegations of domestic violence which impacts

the child constitute a reasonable basis for appointing counsel

for the child.

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§ 5339. Award of counsel fees, costs and expenses.

(a) Award.--Under this chapter, a court may award reasonable

interim or final counsel fees, costs and expenses to a party if

the court finds that the conduct of another party was obdurate,

vexatious, repetitive or in bad faith. THIS SECTION MAY NOT

APPLY IF THAT PARTY ENGAGED THE JUDICIAL PROCESS IN GOOD FAITH

TO PROTECT THE CHILD FROM HARM.

(b) Other costs.--The court may direct that a party who has

been found to have perpetrated abuse to pay all or a portion of

the fees, costs and expenses incurred by the other party,

including attorney fees, costs relating to any counsel for the

child and treatment expenses incurred relating to the abuse . ,

INCLUDING FEES ASSOCIATED WITH ANY FORM OF SUPERVISED PHYSICAL

CUSTODY.

Section 6. Title 42 is amended by adding a section to read:

§ 1908. Child abuse and domestic violence ABUSE education and

training program for judges and court personnel.

The Administrative Office of Pennsylvania Courts may develop

and implement an ongoing education and training program for

judges, including magisterial district judges , and relevant

court personnel, including guardians ad litem , COUNSEL FOR

CHILDREN, MASTERS AND MEDIATORS , regarding child abuse,

including child sexual abuse and trauma, domestic violence WHICH

INCLUDES ALL ASPECTS OF MALTREATMENT, INCLUDING SEXUAL ABUSE,

PHYSICAL ABUSE, EMOTIONAL ABUSE, IMPLICIT AND EXPLICIT BIAS,

TRAUMA AND NEGLECT and the impact of child abuse and domestic

violence on children. The education and training program shall

include the latest best practices from evidence-based and peer-

reviewed research . BY RECOGNIZED EXPERTS IN THE TYPES OF ABUSE

DESIGNATED UNDER THIS SECTION. The education and training

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program shall be designed to improve the ability of courts to

recognize and respond to the impact of child abuse, domestic

violence ABUSE and trauma on all victims, specifically children,

and make appropriate custody decisions that are in the best

interest of the child.

Section 7. Section 5983(a) of Title 42 is amended to read:

§ 5983. Rights and services.

(a) Designation of persons to act on behalf of children.--

Courts of common pleas may designate one or more persons as a

child advocate to provide the following services on behalf of

children who are involved in criminal proceedings as victims or

material witnesses[:] or children who are the subject of custody

proceedings and who are alleged to have been abused by a party

in the custody proceedings or have been impacted by domestic

violence perpetrated by a party in the custody proceedings:

(1) To explain, in language understood by the child, all

legal proceedings in which the child will be involved.

(2) As a friend of the court, to advise the judge,

whenever appropriate, of the child's ability to understand

and cooperate with any court proceedings.

(3) To assist or secure assistance for the child and the

child's family in coping with the emotional impact of the

crime and subsequent criminal proceedings in which the child

is involved.

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Section 8 7. This act shall take effect in 60 days.

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