Regular Session 2021-2022 House Bill 1044 P.N. 1081

PRINTER'S NO. 1081

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1044

Session of

2021

INTRODUCED BY ROZZI, BULLOCK, KENYATTA, SCHLOSSBERG, HOWARD,

SANCHEZ, DELLOSO, HILL-EVANS, LEE, MADDEN, SCHWEYER AND

HOHENSTEIN, MARCH 31, 2021

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 31, 2021

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in general provisions relating to

children and minors, providing for contracting and consent by

certain minors.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 23 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 5106. Contracting and consent by certain minors.

(a) General rule.--Notwithstanding any other provision of

law, a minor may contract for housing, employment, purchase of

an automobile, receipt of a student loan, admission to high

school or postsecondary school, obtaining medical care, opening

a bank account, admission to a shelter for victims of domestic

violence or a homeless shelter and receipt of services as a

victim of domestic violence or sexual abuse, including, but not

limited to, counseling, court advocacy, financial assistance and

other advocacy services, if:

(1) The minor is at least 16 years of age.

(2) The minor is a homeless minor.

(3) The minor is self-supporting and is without the

physical or financial support of a parent or legal guardian.

(4) The minor's parent or legal guardian has consented

to the minor living independent of the parent's or legal

guardian's control. Consent may be expressed or implied as

follows:

(i) Expressed consent shall be a verbal or written

statement made by the parent or legal guardian of the

minor displaying approval or agreement that the minor may

live independently of the parent's or legal guardian's

control.

(ii) Implied consent shall be an action made by the

parent or legal guardian of the minor that indicates that

the parent or legal guardian is unwilling or unable to

adequately care for the minor. The actions may include,

but are not limited to:

(A) barring the minor from the home or otherwise

indicating that the minor is not welcome to stay;

(B) refusing to provide any or all financial

support for the minor; or

committing an act of domestic violence against the

minor.

(b) Contract for automobile insurance.--A homeless minor or

a minor who is 16 years of age or older and who is in the legal

custody of a county agency under an order of a court of

competent jurisdiction may contract for the purchase of

automobile insurance with the consent of the county agency or

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the juvenile court. The minor shall be responsible for paying

the costs of the insurance premiums and shall be liable for

damages caused by the minor's negligent operation of a motor

vehicle. No county agency, foster parent or entity providing

case management of children on behalf of a county agency shall

be responsible for paying insurance premiums nor liable for any

damages of any kind as a result of the operation of a motor

vehicle by the minor.

minor or a minor who is 16 years of age or older and who is in

the legal custody of a county agency under an order of a court

of competent jurisdiction may contract for the opening of a

checking or savings bank account with the consent of the county

agency or the juvenile court. The minor shall be responsible for

paying all banking-related costs associated with the checking or

savings bank account and shall be liable for any and all

penalties should the minor violate a banking agreement. No

county agency, foster parent or entity providing case management

of children on behalf of a county agency shall be responsible

for paying bank fees nor liable for any penalties related to

violation of a banking agreement.

(d) Consent for no cost emergency shelter, housing and

related services.--A homeless minor may consent to no cost

emergency shelter, housing and related services, if the homeless

minor understands the benefits, responsibilities, risks and

limits of the shelter, housing and services and the homeless

minor agrees to adhere to the provider's rules and cooperate and

participate in the services recommended by the provider if:

(1) the provider has not, despite reasonable efforts,

been able to contact the homeless minor's parent, legal

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guardian or legal custodian;

(2) the provider has made contact with the homeless

minor's parent, legal guardian or legal custodian and the

homeless minor's parent, legal guardian or legal custodian

has refused to give consent and, based on the information

available to the provider, the provider reasonably believes

that the homeless minor would incur harm or would be subject

to threatened harm if the homeless minor returned immediately

to the home of the parent, legal guardian or legal custodian;

(3) the homeless minor has refused to provide contact

information for the homeless minor's parent, legal guardian

or legal custodian, and the provider reasonably believes that

the homeless minor would incur harm or would be subject to

threatened harm if the homeless minor returned immediately to

the home of the parent, legal guardian or legal custodian.

(e) Duration of consent for no cost emergency shelter,

housing and related services.--Any consent given under

subsection (d) by a homeless minor shall, for the duration of

the period of shelter or housing and with respect to all

services, including medical services, be valid and binding as if

the homeless minor had reached the age of majority. The

following shall apply:

(1) The consent given under subsection (d) shall not be

subject to later disaffirmance by reason of the homeless

minor's minority.

(2) A provider who renders emergency shelter, housing

and related services to a homeless minor under and can

demonstrate compliance with subsection (d) shall be immune

from civil or criminal liability based on the provider's

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determination to provide the emergency shelter, housing and

related services provided that if a provider's assessment and

determination or conduct in providing emergency shelter,

housing and related services is the result of the provider's

gross negligence or willful or wanton acts or omissions, the

provider may be held liable for the provider's gross

negligence or willful or wanton acts or omissions.

(3) A provider who renders emergency shelter, housing

and related services to a homeless minor shall document in

writing the efforts made to contact the homeless minor's

parent, legal guardian or legal custodian.

(4) The provider shall report suspected child abuse or

neglect to the county agency or the local police department

in accordance with this title.

(f) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"County agency." As defined in section 6303 (relating to

definitions).

"Homeless minor." An individual who is under 18 years of

age, who lives apart from the individual's parent, legal

guardian or legal custodian and who lacks a fixed and regular

nighttime residence. The term includes the following:

(1) Children and youths who are:

(i) sharing the housing of other individuals due to

loss of housing, economic hardship or other similar

reasons;

(ii) living in motels, hotels, trailer parks or

camping grounds due to the lack of alternative adequate

accommodations;

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(iii) living in emergency or transitional shelters;

(iv) abandoned in hospitals.

(2) Children and youths who have a primary nighttime

residence that is a public or private place not designed for

or ordinarily used as a regular sleeping accommodation for

human beings.

(3) Children and youths who are living in cars, parks,

public spaces, abandoned buildings, substandard housing, bus

or train stations or similar settings.

(4) Migratory children, as defined under the Elementary

and Secondary Education Act of 1965 (Public Law 89-10, 20

U.S.C. § 6301 et seq.), living in circumstances under

paragraph (1), (2) or (3).

"Minor." An individual under 18 years of age.

"Provider." An organization established to provide emergency

shelter to minors and to provide related services, health care

or supplies.

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

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