PRINTER'S NO. 1165
No. 1023 Session of 1989
INTRODUCED BY LASHINGER, HAGARTY, McVERRY, VEON, GRUITZA, REBER, PICCOLA, MOEHLMANN, HECKLER, HAYDEN AND RITTER, APRIL 5, 1989
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 5, 1989
AN ACT 1 Amending Title 23 (Domestic Relations) of the Pennsylvania 2 Consolidated Statutes, adding provisions relating to domestic 3 relations; making conforming amendments to Titles 18 and 42; 4 and repealing certain acts and parts of acts supplied by the 5 act or otherwise obsolete. 6 TABLE OF CONTENTS 7 TITLE 23 8 DOMESTIC RELATIONS 9 PART I. GENERAL PROVISIONS 10 Chapter 1. Preliminary Provisions 11 § 101. Short title of title. 12 § 102. Definitions. 13 PART II. MARRIAGE 14 Chapter 11. Preliminary Provisions 15 § 1101. Short title of part. 16 § 1102. Definitions. 17 § 1103. Common-law marriage. 18 § 1104. Forms. 19 § 1105. Fees.
1 § 1106. Records and statistics. 2 Chapter 13. Marriage License 3 § 1301. Marriage license required. 4 § 1302. Application for license. 5 § 1303. Waiting period after application. 6 § 1304. Restrictions on issuance of license. 7 § 1305. Examination and tests for syphilis. 8 § 1306. Oral examination. 9 § 1307. Issuance of license. 10 § 1308. Judicial review of refusal to issue license. 11 § 1309. Filing applications and consent certificates. 12 § 1310. Duration and form of license. 13 Chapter 15. Marriage Ceremony 14 § 1501. Form of marriage certificates. 15 § 1502. Forms where parties perform ceremony. 16 § 1503. Persons qualified to solemnize marriages. 17 § 1504. Returns of marriages. 18 Chapter 17. Miscellaneous Provisions Relating to Marriage 19 § 1701. Decree that spouse of applicant is presumed decedent. 20 § 1702. Marriage during existence of former marriage. 21 § 1703. Marriage within degree of consanguinity. 22 Chapter 19. Abolition of Actions for Alienation of Affections 23 and Breach of Promise to Marry 24 § 1901. Actions for alienation of affections abolished. 25 § 1902. Actions for breach of promise to marry abolished. 26 § 1903. Purpose of chapter. 27 § 1904. Filing or threatening to file actions prohibited. 28 § 1905. Instruments executed in satisfaction of abolished 29 claims prohibited. 30 PART III. ADOPTION 19890H1023B1165 - 2 -
1 Chapter 25. Proceedings Prior to Petition to Adopt 2 Subchapter E. Pennsylvania Adoption Cooperative Exchange 3 § 2551. Definitions. 4 § 2552. Pennsylvania Adoption Cooperative Exchange. 5 § 2553. Registration of children. 6 § 2554. Responsibilities of PACE. 7 § 2555. Responsibilities of public and private agencies. 8 § 2556. Related activities of agencies unaffected. 9 § 2557. Regulations and staff. 10 § 2558. Retroactive application of subchapter. 11 PART IV. DIVORCE 12 Chapter 31. Preliminary Provisions 13 § 3101. Short title of part. 14 § 3102. Legislative findings and intent. 15 § 3103. Definitions. 16 § 3104. Bases of jurisdiction. 17 § 3105. Effect of agreement between parties. 18 Chapter 33. Dissolution of Marital Status 19 Subchapter A. General Provisions 20 § 3301. Grounds for divorce. 21 § 3302. Counseling. 22 § 3303. Annulment of void and voidable marriages. 23 § 3304. Grounds for annulment of void marriages. 24 § 3305. Grounds for annulment of voidable marriages. 25 § 3306. Proceedings to determine marital status. 26 § 3307. Defenses. 27 § 3308. Action where defendant suffering from mental disorder. 28 § 3309. General appearance and collusion. 29 Subchapter B. Procedure 30 § 3321. Hearing by master. 19890H1023B1165 - 3 -
1 § 3322. Jury trial. 2 § 3323. Decree of court. 3 Subchapter C. Attacks Upon Decrees 4 § 3331. Limitations on attacks upon decrees. 5 § 3332. Opening or vacating decrees. 6 § 3333. Res judicata and estoppel. 7 Chapter 35. Property Rights 8 § 3501. Definitions. 9 § 3502. Equitable division of marital property. 10 § 3503. Effect of divorce on property rights generally. 11 § 3504. Disposition of property after termination of marriage. 12 § 3505. Disposition of property to defeat obligations. 13 § 3506. Statement of reasons for distribution. 14 § 3507. Division of entireties property between divorced 15 persons. 16 § 3508. Conveyance of entireties property to divorced spouse. 17 Chapter 37. Alimony and Support 18 § 3701. Alimony. 19 § 3702. Alimony pendente lite, counsel fees and expenses. 20 § 3703. Enforcement of arrearages. 21 § 3704. Payment of support, alimony and alimony pendente lite. 22 § 3705. Enforcement of foreign decrees. 23 § 3706. Bar to alimony. 24 § 3707. Effect of death of either party. 25 PART V. SUPPORT, PROPERTY AND CONTRACTS 26 Chapter 41. General Provisions 27 § 4101. Liability for debts contracted before marriage. 28 § 4102. Liability for purchases by married person. 29 § 4103. Liability on judgment against married person. 30 § 4104. Right of married person to separate earnings. 19890H1023B1165 - 4 -
1 § 4105. Loans between married persons. 2 § 4106. Construction of chapter. 3 Chapter 43. Support Matters Generally 4 Subchapter D. Proceedings Against Entireties Property 5 § 4361. Execution of support order against entireties property. 6 § 4362. Plaintiff's share of proceeds of sale. 7 § 4363. Trustee to distribute proceeds of sale. 8 § 4364. Credit to plaintiff who purchases property. 9 § 4365. Rights of divorced person in entireties property sold 10 for support. 11 § 4366. Other enforcement remedies preserved. 12 PART VI. CHILDREN AND MINORS 13 Chapter 51. General Provisions 14 § 5101. Attainment of full age. 15 § 5102. Children declared to be legitimate. 16 § 5103. Acknowledgment and claim of paternity. 17 § 5104. Blood tests to determine paternity. 18 Chapter 53. Custody 19 Subchapter B. Child Custody Jurisdiction 20 § 5341. Short title of subchapter. 21 § 5342. Purposes and construction of subchapter. 22 § 5343. Definitions. 23 § 5344. Jurisdiction. 24 § 5345. Notice and opportunity to be heard. 25 § 5346. Notice to persons outside this Commonwealth; submission 26 to jurisdiction. 27 § 5347. Simultaneous proceedings in other states. 28 § 5348. Inconvenient forum. 29 § 5349. Jurisdiction declined by reason of conduct. 30 § 5350. Information under oath to be submitted to the court. 19890H1023B1165 - 5 -
1 § 5351. Additional parties. 2 § 5352. Appearance of parties and the child. 3 § 5353. Binding force and res judicata effect of custody 4 decree. 5 § 5354. Recognition of out-of-State custody decrees. 6 § 5355. Modification of custody decree of another state. 7 § 5356. Filing and enforcement of custody decree of another 8 state. 9 § 5357. Registry of out-of-State custody decrees and 10 proceedings. 11 § 5358. Certified copies of custody decree. 12 § 5359. Taking testimony in another state. 13 § 5360. Hearings and studies in another state; orders to 14 appear. 15 § 5361. Assistance to courts of other states. 16 § 5362. Preservation of documents for use in other states. 17 § 5363. Request for court records of another state. 18 § 5364. Intrastate application. 19 § 5365. International application. 20 § 5366. Priority. 21 Chapter 55. Liability for Tortious Acts of Children 22 § 5501. Definitions. 23 § 5502. Liability of parents. 24 § 5503. Establishing liability in criminal or juvenile 25 proceedings. 26 § 5504. Establishing liability in civil proceedings. 27 § 5505. Monetary limits of liability. 28 § 5506. Double recovery for same injury prohibited. 29 § 5507. Indemnity or contribution from child prohibited. 30 § 5508. Liability of parent not having custody or control of 19890H1023B1165 - 6 -
1 child. 2 § 5509. Other liability of parent or child unaffected. 3 PART VII. ABUSE OF FAMILY 4 Chapter 61. Protection From Abuse 5 § 6101. Short title of chapter. 6 § 6102. Definitions. 7 § 6103. Effect of departure to avoid abuse. 8 § 6104. Registration of order. 9 § 6105. Responsibilities of local law enforcement agencies. 10 § 6106. Commencement of proceedings. 11 § 6107. Hearings. 12 § 6108. Relief. 13 § 6109. Service of orders. 14 § 6110. Emergency relief by minor judiciary. 15 § 6111. Domestic violence counselor/advocate. 16 § 6112. Disclosure of addresses. 17 § 6113. Arrest for violation of order. 18 § 6114. Contempt for violation of order or agreement. 19 § 6115. Reporting abuse and immunity. 20 § 6116. Confidentiality. 21 § 6117. Procedure and other remedies. 22 Chapter 63. Child Protective Services 23 Subchapter A. Preliminary Provisions 24 § 6301. Short title of chapter. 25 § 6302. Finding and purpose of chapter. 26 § 6303. Definitions. 27 Subchapter B. Reporting Suspected Child Abuse 28 § 6311. Persons required to report suspected child abuse. 29 § 6312. Persons permitted to report suspected child abuse. 30 § 6313. Reporting procedure. 19890H1023B1165 - 7 -
1 § 6314. Photographs and X-rays of child subject to report. 2 § 6315. Taking child into protective custody. 3 § 6316. Admission to private and public hospitals. 4 § 6317. Reporting and postmortem investigation of deaths. 5 § 6318. Immunity from liability. 6 § 6319. Penalties for failure to report. 7 Subchapter C. Powers and Duties of Department 8 § 6331. Establishment of pending complaint file and Statewide 9 central register. 10 § 6332. Establishment of Statewide toll-free telephone number. 11 § 6333. Continuous availability of department. 12 § 6334. Disposition of complaints received. 13 § 6335. Information in pending complaint file. 14 § 6336. Information in Statewide central register. 15 § 6337. Disposition of unfounded reports. 16 § 6338. Disposition of founded and indicated reports. 17 § 6339. Confidentiality of reports. 18 § 6340. Release of information in confidential reports. 19 § 6341. Amendment, sealing or expungement of information. 20 § 6342. Studies of data in records. 21 § 6343. Investigating performance of child protective service. 22 § 6344. Information relating to prospective child-care 23 personnel. 24 § 6345. Audits by Attorney General. 25 § 6346. Cooperation of other agencies. 26 § 6347. Annual reports to Governor and General Assembly. 27 § 6348. Regulations. 28 § 6349. Penalties. 29 Subchapter D. Organization and Responsibilities of Child 30 Protective Service 19890H1023B1165 - 8 -
1 § 6361. Organization of child protective service. 2 § 6362. Responsibilities of child protective service. 3 § 6363. Local plan for child protective services. 4 § 6364. Purchasing services of other agencies. 5 § 6365. Services for prevention and treatment of child abuse. 6 § 6366. Continuous availability to receive reports. 7 § 6367. Reports to department and coroner. 8 § 6368. Investigation of reports. 9 § 6369. Taking child into protective custody. 10 § 6370. Services for protection of child at home or in custody. 11 § 6371. Rehabilitative services for child and family. 12 § 6372. Protecting well-being of children detained outside 13 home. 14 Subchapter E. Miscellaneous Provisions 15 § 6381. Evidence in court proceedings. 16 § 6382. Guardian ad litem for child in court proceedings. 17 § 6383. Education and training. 18 § 6384. Legislative oversight. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 Section 1. Part IX of Title 23 of the Pennsylvania 22 Consolidated Statutes is repealed. 23 Section 2. Title 23 is amended by adding parts, chapters or 24 subchapters to read: 25 TITLE 23 26 DOMESTIC RELATIONS 27 Part 28 I. General Provisions 29 II. Marriage 30 III. Adoption 19890H1023B1165 - 9 -
1 IV. Divorce 2 V. Support, Property and Contracts 3 VI. Children and Minors 4 VII. Abuse of Family 5 PART I 6 GENERAL PROVISIONS 7 Chapter 8 1. Preliminary Provisions 9 CHAPTER 1 10 PRELIMINARY PROVISIONS 11 Sec. 12 101. Short title of title. 13 102. Definitions. 14 § 101. Short title of title. 15 This title shall be known and may be cited as the Domestic 16 Relations Code. 17 § 102. Definitions. 18 (a) General rule.--Subject to additional definitions 19 contained in subsequent provisions of this title which are 20 applicable to specific provisions of this title, the following 21 words and phrases when used in this title shall have the 22 meanings given to them in this subsection unless the context 23 clearly indicates otherwise: 24 "Clerk of court" or "clerk." The personnel of the office of 25 the prothonotary or clerk of the division of the court having 26 jurisdiction over the matter. 27 "Court." The court or district justice having jurisdiction 28 over the matter under Title 42 (relating to judiciary and 29 judicial procedure) exercised as provided in Title 42 or as 30 otherwise provided or prescribed by law. 19890H1023B1165 - 10 -
1 (b) Title 42 definitions.--Subject to additional definitions 2 contained in subsequent provisions of this title which are 3 applicable to specific provisions of this title, words and 4 phrases not defined in subsection (a) which are defined in 42 5 Pa.C.S. § 102 (relating to definitions) when used in this title 6 shall have the meanings given to them in Title 42 unless the 7 context clearly indicates otherwise. 8 PART II 9 MARRIAGE 10 Chapter 11 11. Preliminary Provisions 12 13. Marriage License 13 15. Marriage Ceremony 14 17. Miscellaneous Provisions Relating to Marriage 15 19. Abolition of Actions for Alienation of Affections and 16 Breach of Promise to Marry 17 CHAPTER 11 18 PRELIMINARY PROVISIONS 19 Sec. 20 1101. Short title of part. 21 1102. Definitions. 22 1103. Common-law marriage. 23 1104. Forms. 24 1105. Fees. 25 1106. Records and statistics. 26 § 1101. Short title of part. 27 This part shall be known and may be cited as the Marriage 28 Law. 29 § 1102. Definitions. 30 The following words and phrases when used in this part shall 19890H1023B1165 - 11 -
1 have the meanings given to them in this section unless the 2 context clearly indicates otherwise: 3 "Department." The Department of Health of the Commonwealth. 4 "Marriage license" or "license." A license to marry issued 5 under this part. 6 § 1103. Common-law marriage. 7 This part shall not be construed to change the existing law 8 with regard to common-law marriage. 9 § 1104. Forms. 10 Marriage license applications, consent certificates, marriage 11 licenses and other necessary forms shall be supplied at the 12 expense of the county and shall be uniform throughout this 13 Commonwealth as prescribed by the department. Statements of 14 physicians and laboratories relative to examinations for 15 syphilis shall be prepared and furnished by the department. 16 § 1105. Fees. 17 (a) General rule.--The fee to be charged for issuing a 18 marriage license or declaration and for returns thereof to the 19 department shall be $3 of which $2.50 shall be retained by the 20 county wherein the license is issued and 50¢ shall be remitted 21 to the Commonwealth. 22 (b) Transmitting Commonwealth moneys.--All moneys collected 23 under this section for the Commonwealth shall be transmitted to 24 the State Treasurer no later than the tenth day of the following 25 month. 26 § 1106. Records and statistics. 27 (a) Filing transcript or record.--The county shall furnish 28 the department, not later than the 15th day of each month, with 29 a transcript or record of each marriage license issued and each 30 return of the celebration of a marriage received or filed during 19890H1023B1165 - 12 -
1 the preceding calendar month. 2 (b) Forms.--The transcripts or records required to be 3 furnished shall be made on forms prepared and furnished by the 4 department and shall contain such information as the department 5 may require. 6 (c) Confidentiality.--The records furnished to the 7 department under this section shall not be open to public 8 inspection except as authorized by the regulations of the 9 Advisory Health Board. 10 (d) Statistics.--The department shall from time to time 11 compile and publish statistics derived from records furnished 12 under this section. 13 CHAPTER 13 14 MARRIAGE LICENSE 15 Sec. 16 1301. Marriage license required. 17 1302. Application for license. 18 1303. Waiting period after application. 19 1304. Restrictions on issuance of license. 20 1305. Examination and tests for syphilis. 21 1306. Oral examination. 22 1307. Issuance of license. 23 1308. Judicial review of refusal to issue license. 24 1309. Filing applications and consent certificates. 25 1310. Duration and form of license. 26 § 1301. Marriage license required. 27 (a) General rule.--No person shall be joined in marriage in 28 this Commonwealth until a marriage license has been obtained. 29 (b) Place of marriage ceremony.--A license issued under this 30 part shall authorize a marriage ceremony to be performed in any 19890H1023B1165 - 13 -
1 county of this Commonwealth. 2 (c) Identity of applicants.--Prior to issuance of the 3 license, the person issuing the license must be satisfied as to 4 the identity of both of the applicants. 5 § 1302. Application for license. 6 (a) General rule.--No marriage license shall be issued 7 except upon written and verified application made by both of the 8 parties intending to marry. 9 (b) Contents.--The application shall contain the following: 10 (1) The full name of the applicants. 11 (2) The race, occupation, birthplace, residence and age 12 of the applicants. 13 (3) Whether the marriage contemplated is the first, 14 second or other marriage of an applicant. 15 (4) A statement that neither of the applicants is 16 afflicted with transmissible disease. 17 (5) The full name, residence, race, occupation and 18 birthplace of the parents of each applicant, including the 19 maiden name of the mother of each applicant. 20 (6) Any other facts necessary to determine whether a 21 legal impediment to the proposed marriage exists. 22 § 1303. Waiting period after application. 23 (a) General rule.--No marriage license shall be issued prior 24 to the third day following the making of application therefor. 25 (b) Exception.--In case of emergency or extraordinary 26 circumstances, the court may authorize a license to be issued at 27 any time after the making of the application. 28 § 1304. Restrictions on issuance of license. 29 (a) Examinations and tests for syphilis.--No marriage 30 license shall be issued until there has been compliance with 19890H1023B1165 - 14 -
1 section 1305 (relating to examination and tests for syphilis). 2 (b) Minors.-- 3 (1) No marriage license may be issued if either of the 4 applicants for a license is under 16 years of age unless the 5 court decides that it is to the best interest of the 6 applicant and authorizes the issuance of the license. 7 (2) No marriage license may be issued if either of the 8 applicants is under 18 years of age unless the consent of a 9 parent or guardian of the applicant is personally given 10 before the person issuing the license or is certified under 11 the hand of a parent or guardian attested by two adult 12 witnesses and, in the latter case, the signature of the 13 parent or guardian is acknowledged before an officer 14 authorized by law to take acknowledgments. When the minor has 15 no guardian and a judge of the court is absent or not 16 accessible for any reason, the office issuing the license may 17 appoint a guardian pro hac vice for the minor. 18 (c) Incompetent persons.--No marriage license may be issued 19 if either of the applicants for a license is weak-minded, 20 insane, of unsound mind or is under guardianship as a person of 21 unsound mind unless the court decides that it is for the best 22 interest of the applicant and the general public to issue the 23 license and authorizes the issuance of the license. 24 (d) Persons under influence of alcohol or drugs.--No 25 marriage license may be issued if, at the time of making 26 application, either of the applicants is under the influence of 27 alcohol or drugs. 28 (e) Marriage to relatives.--No marriage license may be 29 issued to applicants within the prohibited degrees of 30 consanguinity which are as follows: 19890H1023B1165 - 15 -
1 A man may not marry his mother. 2 A man may not marry the sister of his father. 3 A man may not marry the sister of his mother. 4 A man may not marry his sister. 5 A man may not marry his daughter. 6 A man may not marry the daughter of his son or daughter. 7 A woman may not marry her father. 8 A woman may not marry the brother of her father. 9 A woman may not marry the brother of her mother. 10 A woman may not marry her brother. 11 A woman may not marry her son. 12 A woman may not marry the son of her son or daughter. 13 § 1305. Examination and tests for syphilis. 14 (a) General rule.--No marriage license may be issued until 15 there has been filed a statement or statements, signed by a 16 licensed physician of this Commonwealth or of any other state or 17 territory, a commissioned medical officer in the armed forces of 18 the United States or a physician of the Public Health Service of 19 the Federal Government, that each applicant within 30 days of 20 the issuance of the marriage license has submitted to an 21 examination to determine the existence or nonexistence of 22 syphilis, which examination has included a standard serological 23 test or tests for syphilis, and that, in the opinion of the 24 examining physician, the applicant is not infected with syphilis 25 or, if so infected, is not in a stage of that disease which is 26 likely to become communicable. The statement of the physician 27 shall be accompanied by a statement from the person in charge of 28 the laboratory making the test or from some other person 29 authorized to make the statement setting forth the name of the 30 test, the date the test was made, the exact name and address of 19890H1023B1165 - 16 -
1 the physician to whom a report was sent and the exact name and 2 address of the person whose blood was tested and any other facts 3 the department deems necessary to determine whether the 4 applicant is infected with syphilis in a stage of that disease 5 likely to become communicable. The statement from the laboratory 6 shall not set forth the result of the test. 7 (b) Authorization and payment.--For the purpose of this 8 section, a standard serological test for syphilis shall be a 9 test approved by the department and shall be made at a 10 laboratory approved by the department to make such tests. 11 Laboratory tests required to be made by this section shall, upon 12 request of the physician submitting the sample and certification 13 of the physician that the applicant is unable to pay, be made 14 without charge by the department. 15 (c) Administrative review of denial of statement.--Any 16 applicant for a marriage license having been denied a 17 physician's statement as required by this section shall have the 18 right of appeal to the department for a review of the case, and 19 the department shall, after appropriate investigation, issue or 20 refuse to issue a statement in lieu of the physician's statement 21 required by subsection (a). 22 (d) Forms and confidentiality.--The statements of the 23 physician who examined the applicant and the laboratory which 24 made the serological test shall be uniform throughout this 25 Commonwealth and shall be upon forms provided by the department. 26 These forms shall be filed separately from the applications for 27 marriage licenses and shall be regarded as absolutely 28 confidential by every person whose duty it may be to obtain, 29 make, transmit or receive the information or report. 30 § 1306. Oral examination. 19890H1023B1165 - 17 -
1 Each of the applicants for a marriage license shall appear in 2 person and shall be examined under oath or affirmation as to: 3 (1) The legality of the contemplated marriage. 4 (2) Any prior marriage or marriages and its or their 5 dissolution. 6 (3) The restrictions set forth in section 1304 (relating 7 to restrictions on issuance of license). 8 (4) All the information required to be furnished on the 9 application for license as prepared and approved by the 10 department. 11 § 1307. Issuance of license. 12 The marriage license shall be issued if it appears from 13 properly completed applications on behalf of each of the parties 14 to the proposed marriage that there is no legal objection to the 15 marriage. Except as provided by section 1303(b) (relating to 16 waiting period after application), the license shall not be 17 issued prior to the third day following the date of the most 18 recent of the two applications therefor. 19 § 1308. Judicial review of refusal to issue license. 20 (a) Certifying proceedings to court.--If the issuance of a 21 marriage license is refused, upon request of the applicants, the 22 proceedings shall immediately be certified to the court without 23 formality or expense to the applicants. 24 (b) Prompt hearing.--The application for a marriage license 25 shall be heard by a judge of the court, without a jury, in court 26 or in chambers at the earliest possible time. 27 § 1309. Filing applications and consent certificates. 28 The applications for marriage licenses and consent 29 certificates shall be immediately filed and docketed as public 30 records. 19890H1023B1165 - 18 -
1 § 1310. Duration and form of license. 2 The marriage license shall not be valid for a longer period 3 than 60 days from the date of issue and shall be in 4 substantially the following form: 5 Commonwealth of Pennsylvania 6 ss: No. .... 7 County of (name) 8 To any person authorized by law to solemnize marriage: 9 You are hereby authorized to join together in holy state 10 of matrimony, according to the laws of the Commonwealth of 11 Pennsylvania, (name) and (name). 12 Given under my hand and seal of the Court of Common Pleas 13 of (name), at (city, borough or town), on (date). 14 Signed .............................. 15 (Official Title) 16 CHAPTER 15 17 MARRIAGE CEREMONY 18 Sec. 19 1501. Form of marriage certificates. 20 1502. Forms where parties perform ceremony. 21 1503. Persons qualified to solemnize marriages. 22 1504. Returns of marriages. 23 § 1501. Form of marriage certificates. 24 The marriage license shall have appended to it two 25 certificates, numbered to correspond with the license (one 26 marked original and one marked duplicate), which shall be in 27 substantially the following form: 28 I hereby certify that on (date), at (city, borough or 29 town), Pennsylvania, (name) and (name) were by me united in 30 marriage, in accordance with license issued by the Court of 19890H1023B1165 - 19 -
1 Common Pleas of (name) numbered ..... 2 Signed .............................. 3 (Title of person solemnizing marriage) 4 Address .............................. 5 § 1502. Forms where parties perform ceremony. 6 (a) Declaration of authorization.--In all cases in which the 7 parties intend to solemnize their marriage by religious ceremony 8 without officiating clergy, the marriage shall not take place 9 until their right so to do is certified in a declaration in 10 substantially the following form: 11 Commonwealth of Pennsylvania 12 ss: No. .... 13 County of (name) 14 To (name) and (name) 15 Legal evidence having been furnished to me, in accordance 16 with law, this certifies that I am satisfied that there is no 17 legal impediment to you joining yourselves together in 18 marriage. 19 Signed .............................. 20 (Official Title) 21 (b) Marriage certificates.--In lieu of the certificate set 22 forth in section 1501 (relating to form of marriage 23 certificates), there shall be appended to the declaration two 24 certificates, numbered to correspond to the declaration, in the 25 following form: 26 We hereby certify that on (date), we united ourselves in 27 marriage, at (city, borough or town), County of (name), 28 Pennsylvania, having first obtained from the Court of Common 29 Pleas of (name) a declaration numbered .... that the court 30 was satisfied that there was no existing legal impediment to 19890H1023B1165 - 20 -
1 our so doing. 2 Signed .............................. 3 Signed .............................. 4 We, the undersigned, were present at the solemnization of 5 the marriage of (name) and (name), as set forth in the 6 foregoing certificate. 7 Signed .............................. 8 Signed .............................. 9 § 1503. Persons qualified to solemnize marriages. 10 (a) General rule.--The following are authorized to solemnize 11 marriages between persons that produce a marriage license issued 12 under this part: 13 (1) A justice, judge or district justice of this 14 Commonwealth. 15 (2) A former or retired justice, judge or district 16 justice of this Commonwealth who is serving as a senior judge 17 or senior district justice as provided or prescribed by law. 18 (3) An active or senior judge or full-time magistrate of 19 the District Courts of the United States for the Eastern, 20 Middle or Western Districts of Pennsylvania. 21 (4) An active or senior judge of the United States Court 22 of Appeals for the Third Circuit who is a resident of this 23 Commonwealth. 24 (5) A mayor of any city or borough of this Commonwealth. 25 (6) A minister, priest or rabbi of any regularly 26 established church or congregation. 27 (b) Religious organizations.--Every religious society, 28 religious institution or religious organization in this 29 Commonwealth may join persons together in marriage when at least 30 one of the persons is a member of the society, institution or 19890H1023B1165 - 21 -
1 organization, according to the rules and customs of the society, 2 institution or organization. 3 (c) Marriage license needed to officiate.--No person or 4 religious organization qualified to perform marriages shall 5 officiate at a marriage ceremony without the parties having 6 obtained a marriage license issued under this part. 7 § 1504. Returns of marriages. 8 (a) General rule.--The original marriage certificate shall 9 be signed by the person solemnizing the marriage and given to 10 the parties contracting the marriage. The duplicate certificate 11 shall be signed by the person or by a member of the religious 12 society, institution or organization solemnizing the marriage 13 and returned for recording within ten days to the court which 14 issued the license. 15 (b) Marriage performed by parties.--If the marriage was 16 solemnized by the parties themselves, the original certificate 17 shall be signed by the parties to the marriage, attested by two 18 witnesses and retained by the parties contracting the marriage. 19 The duplicate certificate shall be signed by the parties to the 20 marriage, attested by the same two witnesses and returned for 21 recording within ten days to the court issuing the license. 22 CHAPTER 17 23 MISCELLANEOUS PROVISIONS RELATING TO MARRIAGE 24 Sec. 25 1701. Decree that spouse of applicant is presumed decedent. 26 1702. Marriage during existence of former marriage. 27 1703. Marriage within degree of consanguinity. 28 § 1701. Decree that spouse of applicant is presumed decedent. 29 (a) Finding of death.--When the spouse of an applicant for a 30 marriage license has disappeared or is absent from the place of 19890H1023B1165 - 22 -
1 residence of the spouse without being heard of after diligent 2 inquiry, the court, aided by the report of a master if 3 necessary, upon petition of the applicant for a marriage 4 license, may make a finding and decree that the absentee is dead 5 and the date of death if notice to the absentee has been given 6 as provided in subsection (d) and either of the applicants is 7 and for one year or more prior to the application has been a 8 resident of this Commonwealth. 9 (b) Presumption from absence.--When the death of the spouse 10 of an applicant for a marriage license is in issue, the 11 unexplained absence from the last known place of residence and 12 the fact that the absentee has been unheard of for seven years 13 may be sufficient ground for finding that the absentee died 14 seven years after the absentee was last heard from. 15 (c) Exposure to specific peril.--The fact that an absentee 16 spouse was exposed to a specific peril of death may be a 17 sufficient ground for finding that the absentee died less than 18 seven years after the absentee was last heard from. 19 (d) Notice to absentee.--The court may require advertisement 20 in any newspapers as the court, according to the circumstances 21 of the case, deems advisable of the fact of the application for 22 the marriage license together with notice that at a specified 23 time and place the court will hear evidence concerning the 24 alleged absence, including the circumstances and duration 25 thereof. 26 (e) Remarriage after decree of presumed death.--Even though 27 the absentee spouse declared to be presumed dead is in fact 28 alive, the remarriage of the spouse who has obtained a license 29 to marry and a decree of presumed death of the former spouse 30 shall be valid for all purposes as though the former marriage 19890H1023B1165 - 23 -
1 had been terminated by divorce, and all property of the presumed 2 decedent shall be administered and disposed of as provided by 3 Title 20 (relating to decedents, estates and fiduciaries). 4 § 1702. Marriage during existence of former marriage. 5 (a) General rule.--If a married person, during the lifetime 6 of the other person with whom the marriage is in force, enters 7 into a subsequent marriage pursuant to the requirements of this 8 part and the parties to the marriage live together thereafter as 9 husband and wife, and the subsequent marriage was entered into 10 by one or both of the parties in good faith in the full belief 11 that the former spouse was dead or that the former marriage has 12 been annulled or terminated by a divorce, or without knowledge 13 of the former marriage, they shall, after the impediment to 14 their marriage has been removed by the death of the other party 15 to the former marriage or by annulment or divorce, if they 16 continue to live together as husband and wife in good faith on 17 the part of one of them, be held to have been legally married 18 from and immediately after the date of death or the date of the 19 decree of annulment or divorce. 20 (b) False rumor of death of spouse.--Where a remarriage has 21 occurred upon false rumor of the death of a former spouse in 22 appearance well-founded but there has been no decree of presumed 23 death, the remarriage shall be void and subject to annulment by 24 either party to the remarriage as provided by section 3304 25 (relating to grounds for annulment of void marriages), and the 26 returning spouse shall have cause for divorce as provided in 27 section 3301 (relating to grounds for divorce). 28 (c) Criminal penalties.--Where the remarriage was entered 29 into in good faith, neither party to the remarriage shall be 30 subject to criminal prosecution for bigamy. 19890H1023B1165 - 24 -
1 § 1703. Marriage within degree of consanguinity. 2 All marriages within the prohibited degrees of consanguinity 3 as set forth in this part are voidable, but, when any of these 4 marriages have not been dissolved during the lifetime of the 5 parties, the unlawfulness of the marriage shall not be inquired 6 into after the death of either of the parties to the marriage. 7 CHAPTER 19 8 ABOLITION OF ACTIONS FOR ALIENATION OF AFFECTIONS 9 AND BREACH OF PROMISE TO MARRY 10 Sec. 11 1901. Actions for alienation of affections abolished. 12 1902. Actions for breach of promise to marry abolished. 13 1903. Purpose of chapter. 14 1904. Filing or threatening to file actions prohibited. 15 1905. Instruments executed in satisfaction of abolished 16 claims prohibited. 17 § 1901. Actions for alienation of affections abolished. 18 (a) General rule.--All civil causes of action for alienation 19 of affections of husband or wife are abolished. 20 (b) Exception.--Subsection (a) does not apply to cases where 21 the defendant is a parent, brother or sister or a person 22 formerly in loco parentis to the spouse of plaintiff. 23 § 1902. Actions for breach of promise to marry abolished. 24 All causes of action for breach of contract to marry are 25 abolished. 26 § 1903. Purpose of chapter. 27 (a) General rule.--No act done within this Commonwealth 28 shall give rise, either within or without this Commonwealth, to 29 a cause of action abolished by this chapter. 30 (b) Contract to marry.--No contract to marry which is made 19890H1023B1165 - 25 -
1 within this Commonwealth shall give rise, either within or 2 without this Commonwealth, to a cause of action for breach of 3 the contract. 4 (c) Intention of section.--It is the intention of this 5 section to fix the effect, status and character of such acts and 6 contracts and to render them ineffective to support or give rise 7 to any such causes of action, either within or without this 8 Commonwealth. 9 § 1904. Filing or threatening to file actions prohibited. 10 It is unlawful for a person, either as litigant or attorney, 11 to file, cause to be filed, threaten to file or threaten to 12 cause to be filed in a court in this Commonwealth any pleading 13 or paper setting forth or seeking to recover upon any cause of 14 action abolished or barred by this chapter whether the cause of 15 action arose within or without this Commonwealth. 16 § 1905. Instruments executed in satisfaction of abolished 17 claims prohibited. 18 (a) Contracts and instruments void.--All contracts and 19 instruments of every kind executed within this Commonwealth in 20 payment, satisfaction, settlement or compromise of any claim or 21 cause of action abolished or barred by this chapter, whether the 22 claim or cause of action arose within or without this 23 Commonwealth, are contrary to the public policy of this 24 Commonwealth and void. 25 (b) Execution and use prohibited.--It is unlawful to cause, 26 induce or procure a person to execute a contract or instrument 27 proscribed by this chapter, or cause, induce or procure a person 28 to give, pay, transfer or deliver any money or thing of value in 29 payment, satisfaction, settlement or compromise of any such 30 claim or cause of action, or to receive, take or accept any such 19890H1023B1165 - 26 -
1 money or thing of value in such payment, satisfaction, 2 settlement or compromise. 3 (c) Actions to enforce prohibited.--It is unlawful to 4 commence or cause to be commenced, either as litigant or 5 attorney, in a court of this Commonwealth any proceeding or 6 action seeking to enforce or recover upon a contract or 7 instrument proscribed by this chapter, knowing it to be such, 8 whether the contract or instrument was executed within or 9 without this Commonwealth. 10 (d) Exceptions.--This section does not apply to the payment, 11 satisfaction, settlement or compromise of any causes of action 12 which are not abolished or barred by this chapter or to the bona 13 fide holder in due course of a negotiable instrument. 14 PART III 15 ADOPTION 16 Chapter 17 25. Proceedings Prior to Petition to Adopt 18 CHAPTER 25 19 PROCEEDINGS PRIOR TO PETITION TO ADOPT 20 * * * 21 SUBCHAPTER E 22 PENNSYLVANIA ADOPTION COOPERATIVE EXCHANGE 23 Sec. 24 2551. Definitions. 25 2552. Pennsylvania Adoption Cooperative Exchange. 26 2553. Registration of children. 27 2554. Responsibilities of PACE. 28 2555. Responsibilities of public and private agencies. 29 2556. Related activities of agencies unaffected. 30 2557. Regulations and staff. 19890H1023B1165 - 27 -
1 2558. Retroactive application of subchapter. 2 § 2551. Definitions. 3 The following words and phrases when used in this subchapter 4 shall have the meanings given to them in this section unless the 5 context clearly indicates otherwise: 6 "Department." The Department of Public Welfare of the 7 Commonwealth. 8 "PACE." The Pennsylvania Adoption Cooperative Exchange. 9 § 2552. Pennsylvania Adoption Cooperative. 10 There shall be a Pennsylvania Adoption Cooperative Exchange 11 in the Office of Children, Youth and Families of the Department 12 of Public Welfare. 13 § 2553. Registration of children. 14 (a) Mandatory registration.--PACE shall register and be 15 responsible for the review and referral of children for whom 16 parental rights have been terminated for 90 days and for whom no 17 report of intention to adopt has been filed in the court of 18 common pleas. 19 (b) Optional registration.--PACE may also register children 20 where restoration to the biological family is neither possible 21 nor appropriate, a petition to terminate parental rights has 22 been filed and adoption is planned pending identification of an 23 adoptive parent or parents. However, information about these 24 children shall not be publicized without prior approval by the 25 department, which shall ensure the anonymity of these children 26 until such time as parental rights are terminated. 27 (c) Children excluded from registration.--A child for whom 28 termination of parental rights is being appealed in a court 29 shall not be registered with PACE as available for adoption. 30 Identifying information of such children shall be forwarded to 19890H1023B1165 - 28 -
1 PACE by the agency, with reference to the specific reason for 2 which the child is not to be placed on the listing service. 3 § 2554. Responsibilities of PACE. 4 PACE shall be responsible for the following: 5 (1) Registration of adoptive parent applicants who have 6 been approved by agencies. 7 (2) Accumulation and dissemination of statistical 8 information regarding all children registered with PACE. 9 (3) Creation and administration of a public information 10 program designed to inform potential adoptive parents of the 11 need for adoptive homes for children registered with PACE. 12 (4) Preparation and distribution of a photographic 13 listing service on children registered with PACE. 14 (5) Preparation of annual reports concerning functions 15 of PACE regarding the children and the prospective parents 16 listed with PACE. The reports shall be submitted annually to 17 the Health and Welfare and Judiciary Committees of the House 18 of Representatives, to the Public Health and Welfare and 19 Judiciary Committees of the Senate and to the Governor. 20 (6) Coordination of its functions with other state, 21 regional and national adoption exchanges. 22 § 2555. Responsibilities of public and private agencies. 23 All public and licensed private child service agencies shall 24 register all children with PACE for whom parental rights have 25 been terminated for 90 days and for whom no report of intention 26 to adopt has been filed in the court of common pleas. A public 27 or licensed private agency may register other children as set 28 forth in section 2553(b) (relating to registration of children). 29 § 2556. Related activities of agencies unaffected. 30 This subchapter shall not be construed to limit or delay 19890H1023B1165 - 29 -
1 actions by agencies or institutions to arrange for adoptions or 2 other related matters on their own initiative and shall not 3 alter or restrict the duties, authority and confidentiality of 4 the agencies and institutions in those matters. 5 § 2557. Regulations and staff. 6 The department shall promulgate necessary regulations and 7 shall hire the staff which is necessary to implement this 8 subchapter. 9 § 2558. Retroactive application of subchapter. 10 This subchapter shall apply retroactively to all children for 11 whom: 12 (1) Parental rights have been terminated and for whom no 13 report of intention to adopt has been filed in the court of 14 common pleas. 15 (2) Restoration to the biological family is neither 16 possible nor appropriate, a petition to terminate parental 17 rights has been filed and adoption is planned pending 18 identification of an adoptive parent or parents. 19 PART IV 20 DIVORCE 21 Chapter 22 31. Preliminary Provisions 23 33. Dissolution of Marital Status 24 35. Property Rights 25 37. Alimony and Support 26 CHAPTER 31 27 PRELIMINARY PROVISIONS 28 Sec. 29 3101. Short title of part. 30 3102. Legislative findings and intent. 19890H1023B1165 - 30 -
1 3103. Definitions. 2 3104. Bases of jurisdiction. 3 3105. Effect of agreement between parties. 4 § 3101. Short title of part. 5 This part shall be known and may be cited as the Divorce 6 Code. 7 § 3102. Legislative findings and intent. 8 (a) Policy.--The family is the basic unit in society and the 9 protection and preservation of the family is of paramount public 10 concern. Therefore, it is the policy of the Commonwealth to: 11 (1) Make the law for legal dissolution of marriage 12 effective for dealing with the realities of matrimonial 13 experience. 14 (2) Encourage and effect reconciliation and settlement 15 of differences between spouses, especially where children are 16 involved. 17 (3) Give primary consideration to the welfare of the 18 family rather than the vindication of private rights or the 19 punishment of matrimonial wrongs. 20 (4) Mitigate the harm to the spouses and their children 21 caused by the legal dissolution of the marriage. 22 (5) Seek causes rather than symptoms of family 23 disintegration and cooperate with and utilize the resources 24 available to deal with family problems. 25 (6) Effectuate economic justice between parties who are 26 divorced or separated and grant or withhold alimony according 27 to the actual need and ability to pay of the parties and 28 insure a fair and just determination and settlement of their 29 property rights. 30 (b) Construction of part.--The objectives set forth in 19890H1023B1165 - 31 -
1 subsection (a) shall be considered in construing provisions of 2 this part and shall be regarded as expressing the legislative 3 intent. 4 § 3103. Definitions. 5 The following words and phrases when used in this part shall 6 have the meanings given to them in this section unless the 7 context clearly indicates otherwise: 8 "Alimony." An order for support granted by this Commonwealth 9 or any other state to a spouse or former spouse in conjunction 10 with a decree granting a divorce or annulment. 11 "Alimony pendente lite." An order for temporary support 12 granted to a spouse during the pendency of a divorce or 13 annulment proceeding. 14 "Divorce." Divorce from the bonds of matrimony. 15 "Grounds for divorce." The grounds enumerated in section 16 3301 (relating to grounds for divorce). 17 "Irretrievable breakdown." Estrangement due to marital 18 difficulties with no reasonable prospect of reconciliation. 19 "Qualified professionals." Includes marriage counselors, 20 psychologists, psychiatrists, social workers, ministers, 21 priests, rabbis or other persons who, by virtue of their 22 training and experience, are able to provide counseling. 23 "Separate and apart." Complete cessation of any and all 24 cohabitation, whether living in the same residence or not. 25 "Spousal support." Care, maintenance and financial 26 assistance. 27 § 3104. Bases of jurisdiction. 28 (a) Jurisdiction.--The courts shall have original 29 jurisdiction in cases of divorce and for the annulment of void 30 or voidable marriages and shall determine in conjunction with 19890H1023B1165 - 32 -
1 any decree granting a divorce or annulment the following 2 matters, if raised in the pleadings, and issue appropriate 3 decrees or orders with reference thereto, and may retain 4 continuing jurisdiction thereof: 5 (1) The determination and disposition of property rights 6 and interests between spouses, including any rights created 7 by any antenuptial, postnuptial or separation agreement and 8 including the partition of property held as tenants by the 9 entireties or otherwise and any accounting between them, and 10 the order of any spousal support, alimony, alimony pendente 11 lite, counsel fees or costs authorized by law. 12 (2) The future care, custody and visitation rights as to 13 children of the marriage or purported marriage. 14 (3) Any support or assistance which shall be paid for 15 the benefit of any children of the marriage or purported 16 marriage. 17 (4) Any property settlement involving any of the matters 18 set forth in paragraphs (1), (2) and (3) as submitted by the 19 parties. 20 (5) Any other matters pertaining to the marriage and 21 divorce or annulment authorized by law and which fairly and 22 expeditiously may be determined and disposed of in such 23 action. 24 (b) Residence and domicile of parties.--No spouse is 25 entitled to commence an action for divorce or annulment under 26 this part unless at least one of the parties has been a bona 27 fide resident in this Commonwealth for at least six months 28 immediately previous to the commencement of the action. Both 29 parties shall be competent witnesses to prove their respective 30 residence, and proof of actual residence within this 19890H1023B1165 - 33 -
1 Commonwealth for six months shall create a presumption of 2 domicile within this Commonwealth. 3 (c) Powers of court.--The court has authority to entertain 4 an action under this part notwithstanding the fact that the 5 marriage of the parties and the cause for divorce occurred 6 outside of this Commonwealth and that both parties were at the 7 time of the occurrence domiciled outside this Commonwealth. The 8 court also has the power to annul void or voidable marriages 9 celebrated outside this Commonwealth at a time when neither 10 party was domiciled within this Commonwealth. 11 (d) Foreign forum.--After the dissolution or annulment of a 12 marriage in a foreign forum where a matter under subsection (a) 13 has not been decided, a court of this Commonwealth shall have 14 jurisdiction to determine a matter under subsection (a) to the 15 fullest extent allowed under the Constitution of the United 16 States. 17 (e) Venue.--A proceeding for divorce or annulment may be 18 brought in the county: 19 (1) where the defendant resides; 20 (2) if the defendant resides outside of this 21 Commonwealth, where the plaintiff resides; 22 (3) of matrimonial domicile, if the plaintiff has 23 continuously resided in the county; 24 (4) prior to six months after the date of final 25 separation and with agreement of the defendant, where the 26 plaintiff resides or, if neither party continues to reside in 27 the county of matrimonial domicile, where either party 28 resides; or 29 (5) after six months after the date of final separation, 30 where either party resides. 19890H1023B1165 - 34 -
1 § 3105. Effect of agreement between parties. 2 (a) Enforcement.--A party to an agreement regarding matters 3 within the jurisdiction of the court under this part, whether or 4 not the agreement has been merged or incorporated into the 5 decree, may utilize a remedy or sanction set forth in this part 6 to enforce the agreement to the same extent as though the 7 agreement had been an order of the court except as provided to 8 the contrary in the agreement. 9 (b) Certain provisions subject to modification.--A provision 10 of an agreement regarding child support, visitation or custody 11 shall be subject to modification by the court upon a showing of 12 changed circumstances. 13 (c) Certain provisions not subject to modification.--In the 14 absence of a specific provision to the contrary appearing in the 15 agreement, a provision regarding the disposition of existing 16 property rights and interests between the parties, alimony, 17 alimony pendente lite, counsel fees or expenses shall not be 18 subject to modification by the court. 19 CHAPTER 33 20 DISSOLUTION OF MARITAL STATUS 21 Subchapter 22 A. General Provisions 23 B. Procedure 24 C. Attacks Upon Decrees 25 SUBCHAPTER A 26 GENERAL PROVISIONS 27 Sec. 28 3301. Grounds for divorce. 29 3302. Counseling. 30 3303. Annulment of void and voidable marriages. 19890H1023B1165 - 35 -
1 3304. Grounds for annulment of void marriages. 2 3305. Grounds for annulment of voidable marriages. 3 3306. Proceedings to determine marital status. 4 3307. Defenses. 5 3308. Action where defendant suffering from mental disorder. 6 3309. General appearance and collusion. 7 § 3301. Grounds for divorce. 8 (a) Fault.--The court may grant a divorce to the innocent 9 and injured spouse whenever it is judged that the other spouse 10 has: 11 (1) Committed willful and malicious desertion, and 12 absence from the habitation of the injured and innocent 13 spouse, without a reasonable cause, for the period of one or 14 more years. 15 (2) Committed adultery. 16 (3) By cruel and barbarous treatment, endangered the 17 life or health of the injured and innocent spouse. 18 (4) Knowingly entered into a bigamous marriage while a 19 former marriage is still subsisting. 20 (5) Been sentenced to imprisonment for a term of two or 21 more years upon conviction of having committed a crime. 22 (6) Offered such indignities to the innocent and injured 23 spouse as to render that spouse's condition intolerable and 24 life burdensome. 25 (b) Institutionalization.--The court may grant a divorce 26 from a spouse upon the ground that insanity or serious mental 27 disorder has resulted in confinement in a mental institution for 28 at least 18 months immediately before the commencement of an 29 action under this part and where there is no reasonable prospect 30 that the spouse will be discharged from inpatient care during 19890H1023B1165 - 36 -
1 the 18 months subsequent to the commencement of the action. A 2 presumption that no prospect of discharge exists shall be 3 established by a certificate of the superintendent of the 4 institution to that effect and which includes a supporting 5 statement of a treating physician. 6 (c) Mutual consent.--The court may grant a divorce where it 7 is alleged that the marriage is irretrievably broken and 90 days 8 have elapsed from the date of commencement of an action under 9 this part and an affidavit has been filed by each of the parties 10 evidencing that each of the parties consents to the divorce. 11 (d) Irretrievable breakdown.-- 12 (1) The court may grant a divorce where a complaint has 13 been filed alleging that the marriage is irretrievably broken 14 and an affidavit has been filed alleging that the parties 15 have lived separate and apart for a period of at least two 16 years and that the marriage is irretrievably broken and the 17 defendant either: 18 (i) Does not deny the allegations set forth in the 19 affidavit. 20 (ii) Denies one or more of the allegations set forth 21 in the affidavit but, after notice and hearing, the court 22 determines that the parties have lived separate and apart 23 for a period of at least two years and that the marriage 24 is irretrievably broken. 25 (2) If a hearing has been held pursuant to paragraph 26 (1)(ii) and the court determines that there is a reasonable 27 prospect of reconciliation, then the court shall continue the 28 matter for a period not less than 90 days nor more than 120 29 days unless the parties agree to a period in excess of 120 30 days. During this period, the court shall require counseling 19890H1023B1165 - 37 -
1 as provided in section 3302 (relating to counseling). If the 2 parties have not reconciled at the expiration of the time 3 period and one party states under oath that the marriage is 4 irretrievably broken, the court shall determine whether the 5 marriage is irretrievably broken. If the court determines 6 that the marriage is irretrievably broken, the court shall 7 grant the divorce. Otherwise, the court shall deny the 8 divorce. 9 (e) No hearing required in certain cases.--If grounds for 10 divorce alleged in the complaint or counterclaim are established 11 under subsection (c) or (d), the court shall grant a divorce 12 without requiring a hearing on any other grounds. 13 § 3302. Counseling. 14 (a) Indignities.--Whenever indignities under section 15 3301(a)(6) (relating to grounds for divorce) is the ground for 16 divorce, the court shall require up to a maximum of three 17 counseling sessions where either of the parties requests it. 18 (b) Mutual consent.--Whenever mutual consent under section 19 3301(c) is the ground for divorce, the court shall require up to 20 a maximum of three counseling sessions within the 90 days 21 following the commencement of the action where either of the 22 parties requests it. 23 (c) Irretrievable breakdown.--Whenever the court orders a 24 continuation period as provided for irretrievable breakdown in 25 section 3301(d)(2), the court shall require up to a maximum of 26 three counseling sessions within the time period where either of 27 the parties requests it or may require such counseling where the 28 parties have at least one child under 16 years of age. 29 (d) Notification of availability of counseling.--Whenever 30 section 3301(a)(6), (c) or (d) is the ground for divorce, the 19890H1023B1165 - 38 -
1 court shall, upon the commencement of an action under this part, 2 notify both parties of the availability of counseling and, upon 3 request, provide both parties a list of qualified professionals 4 who provide such services. 5 (e) Choice of qualified professionals unrestricted.--The 6 choice of a qualified professional shall be at the option of the 7 parties and the professional need not be selected from the list 8 provided by the court. 9 (f) Report.--Where the court requires counseling, a report 10 shall be made by the qualified professional stating that the 11 parties did or did not attend. 12 § 3303. Annulment of void and voidable marriages. 13 (a) General rule.--In all cases where a supposed or alleged 14 marriage has been contracted which is void or voidable under 15 this title or under applicable law, either party to the supposed 16 or alleged marriage may bring an action in annulment to have it 17 declared void in accordance with the procedures provided by this 18 part and prescribed by general rules. 19 (b) Common-law marriage.--In the case of a purported common- 20 law marriage where a party was under 18 years of age, a parent 21 or guardian of the minor may bring a declaratory judgment 22 proceeding during the party's minority to have the marriage 23 declared void. 24 § 3304. Grounds for annulment of void marriages. 25 (a) General rule.--Where there has been no confirmation by 26 cohabitation following the removal of an impediment, the 27 supposed or alleged marriage of a person shall be deemed void in 28 the following cases: 29 (1) Where either party at the time of such marriage had 30 an existing spouse and the former marriage had not been 19890H1023B1165 - 39 -
1 annulled nor had there been a divorce except where that party 2 had obtained a decree of presumed death of the former spouse. 3 (2) Where the parties to such marriage are related 4 within the degrees of consanguinity prohibited by section 5 1304(e) (relating to restrictions on issuance of license). 6 (3) Where either party to such marriage was incapable of 7 consenting by reason of insanity or serious mental disorder 8 or otherwise lacked capacity to consent or did not intend to 9 consent to the marriage. 10 (4) Where either party to a purported common-law 11 marriage was under 18 years of age. 12 (b) Procedures.--In all cases of marriages which are void, 13 the marriage may be annulled as set forth in section 3303 14 (relating to annulment of void and voidable marriages) or its 15 invalidity may be declared in any collateral proceeding. 16 § 3305. Grounds for annulment of voidable marriages. 17 (a) General rule.--The marriage of a person shall be deemed 18 voidable and subject to annulment in the following cases: 19 (1) Where either party to the marriage was under 16 20 years of age unless the marriage was expressly authorized by 21 the court. 22 (2) Where either party was 16 or 17 years of age and 23 lacked the consent of parent or guardian or express 24 authorization of the court and has not subsequently ratified 25 the marriage upon reaching 18 years of age and an action for 26 annulment is commenced within 60 days after the marriage 27 ceremony. 28 (3) Where either party to the marriage was under the 29 influence of alcohol or drugs and an action for annulment is 30 commenced within 60 days after the marriage ceremony. 19890H1023B1165 - 40 -
1 (4) Where either party to the marriage was at the time 2 of the marriage and still is naturally and incurably impotent 3 unless the condition was known to the other party prior to 4 the marriage. 5 (5) Where one party was induced to enter into the 6 marriage due to fraud, duress, coercion or force attributable 7 to the other party and there has been no subsequent voluntary 8 cohabitation after knowledge of the fraud or release from the 9 effects of fraud, duress, coercion or force. 10 (b) Status of voidable marriage.--In all cases of marriages 11 which are voidable, either party to the marriage may seek and 12 obtain an annulment of the marriage but, until a decree of 13 annulment is obtained from a court of competent jurisdiction, 14 the marriage shall be valid. The validity of a voidable marriage 15 shall not be subject to attack or question by any person if it 16 is subsequently confirmed by the parties to the marriage or if 17 either party has died. 18 § 3306. Proceedings to determine marital status. 19 When the validity of a marriage is denied or doubted, either 20 or both of the parties to the marriage may bring an action for a 21 declaratory judgment seeking a declaration of the validity or 22 invalidity of the marriage and, upon proof of the validity or 23 invalidity of the marriage, the marriage shall be declared valid 24 or invalid by decree of the court and, unless reversed upon 25 appeal, the declaration shall be conclusive upon all persons 26 concerned. 27 § 3307. Defenses. 28 (a) General rule.--Existing common-law defenses are retained 29 as to the grounds enumerated in section 3301(a) and (b) 30 (relating to grounds for divorce). The defenses of condonation, 19890H1023B1165 - 41 -
1 connivance, collusion, recrimination and provocation are 2 abolished as to the grounds enumerated in section 3301(c) and 3 (d). 4 (b) Adultery.--In an action for divorce on the ground of 5 adultery, it is a good defense and a perpetual bar against the 6 action if the defendant alleges and proves, or if it appears in 7 the evidence, that the plaintiff: 8 (1) has been guilty of like conduct; 9 (2) has admitted the defendant into conjugal society or 10 embraces after the plaintiff knew of the fact; 11 (3) allowed the defendant's prostitution or received 12 hire from it; or 13 (4) exposed the defendant to lewd company whereby the 14 defendant became involved in the adultery. 15 § 3308. Action where defendant suffering from mental disorder. 16 If a spouse is insane or suffering from serious mental 17 disorder, an action may be commenced under this part against 18 that spouse upon any ground for divorce or annulment. 19 § 3309. General appearance and collusion. 20 The entry of a general appearance by, or in behalf of, a 21 defendant does not constitute collusion. Collusion shall be 22 found to exist only where the parties conspired to fabricate 23 grounds for divorce or annulment, agreed to and did commit 24 perjury or perpetrated fraud on the court. Negotiation and 25 discussion of terms of property settlement and other matters 26 arising by reason of contemplated divorce or annulment do not 27 constitute collusion. 28 SUBCHAPTER B 29 PROCEDURE 30 Sec. 19890H1023B1165 - 42 -
1 3321. Hearing by master. 2 3322. Jury trial. 3 3323. Decree of court. 4 § 3321. Hearing by master. 5 The court may appoint a master to hear testimony on all or 6 some issues, except issues of custody and paternity, and return 7 the record and a transcript of the testimony together with a 8 report and recommendation as prescribed by general rules or a 9 judge of the court in chambers may appoint a master to hold a 10 nonrecord hearing and to make recommendations and return the 11 same to the court, in which case, either party may demand a 12 hearing de novo before the court. 13 § 3322. Jury trial. 14 (a) Application for jury trial.--After service of the 15 complaint in divorce or annulment on the defendant in the manner 16 prescribed by general rules or entry of a general appearance for 17 the defendant, if either of the parties desires any matter of 18 fact that is affirmed by one and denied by the other to be tried 19 by a jury, that party may take a rule upon the opposite party, 20 to be allowed by a judge of the court, to show cause why the 21 issues of fact set forth in the rule should not be tried by a 22 jury which rule shall be served upon the opposite party or 23 counsel for the opposite party. 24 (b) Disposition of application.--Upon the return of the 25 rule, after hearing, the court may discharge it, make it 26 absolute or frame issues itself. Only the issues ordered by the 27 court shall be tried. The rule shall not be made absolute when, 28 in the opinion of the court, a trial by jury cannot be had 29 without prejudice to the public morals. 30 § 3323. Decree of court. 19890H1023B1165 - 43 -
1 (a) General rule.--In all matrimonial causes, the court may 2 either dismiss the complaint or enter a decree of divorce or 3 annulment of the marriage. 4 (b) Contents of decree.--A decree granting a divorce or an 5 annulment shall include, after a full hearing, where these 6 matters are raised in any pleadings, an order determining and 7 disposing of existing property rights and interests between the 8 parties, custody, partial custody and visitation rights, child 9 support, alimony, reasonable attorney fees, costs and expenses 10 and any other related matters, including the enforcement of 11 agreements voluntarily entered into between the parties. In the 12 enforcement of the rights of any party to any of these matters, 13 the court shall have all necessary powers, including, but not 14 limited to, the power of contempt and the power to attach wages. 15 (c) Bifurcation.--In the event that the court is unable for 16 any reason to determine and dispose of the matters provided for 17 in subsection (b) within 30 days after the report of the master 18 has been filed, it may enter a decree of divorce or annulment. 19 Upon the request of either party and after a hearing, the court 20 may order alimony pendente lite, reasonable counsel fees, costs 21 and expenses and may make a temporary order necessary to protect 22 the interests of the parties pending final disposition of the 23 matters in subsection (b). 24 (d) Substitution for deceased party.--If one of the parties 25 dies after the decree of divorce has been entered, but prior to 26 the final determination in such proceeding of the property 27 rights and interests of the parties under this part, the 28 personal representative of the deceased party shall be 29 substituted as a party as provided by law and the action shall 30 proceed. 19890H1023B1165 - 44 -
1 (e) Costs.--The court may award costs to the party in whose 2 favor the order or decree shall be entered, or may order that 3 each party shall pay their own costs, or may order that costs be 4 divided equitably as it shall appear just and reasonable. 5 (f) Equity power and jurisdiction of the court.--In all 6 matrimonial causes, the court shall have full equity power and 7 jurisdiction and may issue injunctions or other orders which are 8 necessary to protect the interests of the parties or to 9 effectuate the purposes of this part, and may grant such other 10 relief or remedy as equity and justice require against either 11 party or against any third person over whom the court has 12 jurisdiction and who is involved in or concerned with the 13 disposition of the cause. 14 SUBCHAPTER C 15 ATTACKS UPON DECREES 16 Sec. 17 3331. Limitations on attacks upon decrees. 18 3332. Opening or vacating decrees. 19 3333. Res judicata and estoppel. 20 § 3331. Limitations on attacks upon decrees. 21 The validity of a decree of divorce or annulment issued by a 22 court shall not be questioned, except by appeal, in any court or 23 place in this Commonwealth after the death of either party to 24 the proceeding. If it is shown that a party who subsequently 25 attempts to question the validity of the decree had full 26 knowledge of the facts and circumstances later complained of at 27 the time of issuance of the decree or failed to take any action 28 despite this knowledge within two years after the date of the 29 decree, the party shall be barred from questioning the decree, 30 and it shall be valid in all courts and places within this 19890H1023B1165 - 45 -
1 Commonwealth. 2 § 3332. Opening or vacating decrees. 3 A motion to open a decree of divorce or annulment may be made 4 only within the period limited by 42 Pa.C.S. § 5505 (relating to 5 modification of orders) and not thereafter. The motion may lie 6 where it is alleged that the decree was procured by intrinsic 7 fraud or that there is new evidence relating to the cause of 8 action which will sustain the attack upon its validity. A motion 9 to vacate a decree or strike a judgment alleged to be void 10 because of extrinsic fraud, lack of jurisdiction over the 11 subject matter or a fatal defect apparent upon the face of the 12 record must be made within five years after entry of the final 13 decree. Intrinsic fraud relates to a matter adjudicated by the 14 judgment, including perjury and false testimony, whereas 15 extrinsic fraud relates to matters collateral to the judgment 16 which have the consequence of precluding a fair hearing or 17 presentation of one side of the case. 18 § 3333. Res judicata and estoppel. 19 The validity of a divorce or annulment decree granted by a 20 court having jurisdiction over the subject matter may not be 21 questioned by a party who was subject to the personal 22 jurisdiction of the court except by direct appeal provided or 23 prescribed by law. A party who sought and obtained a decree, 24 financed or agreed to its procurement, or accepted a property 25 settlement, alimony pendente lite or alimony pursuant to the 26 terms of the decree, or who remarries after the decree, or is 27 guilty of laches, is barred from making a collateral attack upon 28 the validity of the decree unless by clear and convincing 29 evidence it is established that fraud by the other party 30 prevented the making of a timely appeal from the divorce or 19890H1023B1165 - 46 -
1 annulment decree. 2 CHAPTER 35 3 PROPERTY RIGHTS 4 Sec. 5 3501. Definitions. 6 3502. Equitable division of marital property. 7 3503. Effect of divorce on property rights generally. 8 3504. Disposition of property after termination of marriage. 9 3505. Disposition of property to defeat obligations. 10 3506. Statement of reasons for distribution. 11 3507. Division of entireties property between divorced persons. 12 3508. Conveyance of entireties property to divorced spouse. 13 § 3501. Definitions. 14 (a) General rule.--As used in this chapter, "marital 15 property" means all property acquired by either party during the 16 marriage, including the increase in value prior to the date of 17 final separation of any nonmarital property acquired pursuant to 18 paragraphs (1) and (3), except: 19 (1) Property acquired prior to marriage or property 20 acquired in exchange for property acquired prior to the 21 marriage. 22 (2) Property excluded by valid agreement of the parties 23 entered into before, during or after the marriage. 24 (3) Property acquired by gift, except between spouses, 25 bequest, devise or descent. 26 (4) Property acquired after final separation until the 27 date of divorce, except for property acquired in exchange for 28 marital assets. 29 (5) Property which a party has sold, granted, conveyed 30 or otherwise disposed of in good faith and for value prior to 19890H1023B1165 - 47 -
1 the date of final separation. 2 (6) Veterans' benefits exempt from attachment, levy or 3 seizure pursuant to the act of September 2, 1958 (Public Law 4 85-857, 72 Stat. 1229), as amended, except for those benefits 5 received by a veteran where the veteran has waived a portion 6 of his military retirement pay in order to receive veterans' 7 compensation. 8 (7) Property to the extent to which the property has 9 been mortgaged or otherwise encumbered in good faith for 10 value prior to the date of final separation. 11 (8) Any payment received as a result of an award or 12 settlement for any cause of action or claim which accrued 13 prior to the marriage or after the date of final separation 14 regardless of when the payment was received. 15 (b) Presumption.--All real or personal property acquired by 16 either party during the marriage is presumed to be marital 17 property regardless of whether title is held individually or by 18 the parties in some form of co-ownership such as joint tenancy, 19 tenancy in common or tenancy by the entirety. The presumption of 20 marital property is overcome by a showing that the property was 21 acquired by a method listed in subsection (a). 22 § 3502. Equitable division of marital property. 23 (a) General rule.--In an action for divorce or annulment, 24 the court shall, upon request of either party, equitably divide, 25 distribute or assign, in kind or otherwise, the marital property 26 between the parties without regard to marital misconduct in such 27 proportions and in such manner as the court deems just after 28 considering all relevant factors, including: 29 (1) The length of the marriage. 30 (2) Any prior marriage of either party. 19890H1023B1165 - 48 -
1 (3) The age, health, station, amount and sources of 2 income, vocational skills, employability, estate, liabilities 3 and needs of each of the parties. 4 (4) The contribution by one party to the education, 5 training or increased earning power of the other party. 6 (5) The opportunity of each party for future 7 acquisitions of capital assets and income. 8 (6) The sources of income of both parties, including, 9 but not limited to, medical, retirement, insurance or other 10 benefits. 11 (7) The contribution or dissipation of each party in the 12 acquisition, preservation, depreciation or appreciation of 13 the marital property, including the contribution of a party 14 as homemaker. 15 (8) The value of the property set apart to each party. 16 (9) The standard of living of the parties established 17 during the marriage. 18 (10) The economic circumstances of each party, including 19 Federal, State and local tax ramifications, at the time the 20 division of property is to become effective. 21 (11) Whether the party will be serving as the custodian 22 of any dependent minor children. 23 (b) Lien.--The court may impose a lien or charge upon 24 property of a party as security for the payment of alimony or 25 any other award for the other party. 26 (c) Family home.--The court may award during the pendency of 27 the action or otherwise to one or both of the parties the right 28 to reside in the marital residence. 29 (d) Life insurance.--The court may direct the continued 30 maintenance and beneficiary designations of existing policies 19890H1023B1165 - 49 -
1 insuring the life or health of either party which were 2 originally purchased during the marriage and owned by or within 3 the effective control of either party. Where it is necessary to 4 protect the interests of a party, the court may also direct the 5 purchase of, and beneficiary designations on, a policy insuring 6 the life or health of either party. 7 (e) Powers of the court.--If, at any time, a party has 8 failed to comply with an order of equitable distribution, as 9 provided for in this chapter, or with the terms of an agreement 10 as entered into between the parties, after hearing, the court 11 may, in addition to any other remedy available under this part, 12 in order to effect compliance with its order: 13 (1) enter judgment; 14 (2) authorize the taking and seizure of the goods and 15 chattels and collection of the rents and profits of the real 16 and personal, tangible and intangible property of the party; 17 (3) award interest on unpaid installments; 18 (4) order and direct the transfer or sale of any 19 property required in order to comply with the court's order; 20 (5) require security to insure future payments in 21 compliance with the court's order; 22 (6) issue attachment proceedings, directed to the 23 sheriff or other proper officer of the county, directing that 24 the person named as having failed to comply with the court 25 order be brought before the court, at such time as the court 26 may direct. If the court finds, after hearing, that the 27 person willfully failed to comply with the court order, it 28 may deem the person in civil contempt of court and, in its 29 discretion, make an appropriate order, including, but not 30 limited to, commitment of the person to the county jail for a 19890H1023B1165 - 50 -
1 period not to exceed six months; 2 (7) award counsel fees and costs; 3 (8) attach wages; or 4 (9) find the party in contempt. 5 § 3503. Effect of divorce on property rights generally. 6 Whenever a decree or judgment is granted which nullifies or 7 absolutely terminates the bonds of matrimony, all property 8 rights which are dependent upon the marital relation, except 9 those which are vested rights, are terminated unless the court 10 expressly provides otherwise in its decree. All duties, rights 11 and claims accruing to either of the parties at any time 12 theretofore in pursuance of the marriage shall cease, and the 13 parties shall severally be at liberty to marry again as if they 14 had never been married. 15 § 3504. Disposition of property after termination of marriage. 16 Unless provided otherwise by the court, whenever a decree of 17 divorce or annulment is entered by a court of competent 18 jurisdiction, both parties whose marriage is terminated or 19 affected shall have complete freedom of disposition as to their 20 separate real and personal property and may mortgage, sell, 21 grant, convey or otherwise encumber or dispose of their separate 22 property, whether the property was acquired before, during or 23 after coverture, and neither need join in, consent to or 24 acknowledge a deed, mortgage or instrument of the other. 25 § 3505. Disposition of property to defeat obligations. 26 (a) Preliminary relief.--Where it appears to the court that 27 a party is about to leave the jurisdiction of the court or is 28 about to remove property of that party from the jurisdiction of 29 the court or is about to dispose of, alienate or encumber 30 property in order to defeat equitable distribution, alimony 19890H1023B1165 - 51 -
1 pendente lite, alimony, child and spousal support or a similar 2 award, an injunction may issue to prevent the removal or 3 disposition and the property may be attached as prescribed by 4 general rules. The court may also issue a writ of ne exeat to 5 preclude the removal. 6 (b) Inventory of property.--Both parties shall submit to the 7 court an inventory and appraisement, which shall contain all of 8 the following: 9 (1) A list of the property owned or possessed by either 10 or both of them as of: 11 (i) the date of separation; and 12 (ii) thirty days prior to the date of hearing on 13 equitable distribution. 14 (2) A list of the value of the property owned or 15 possessed by either or both of them as of: 16 (i) the date of acquisition; 17 (ii) the date of separation; and 18 (iii) thirty days prior to the date of hearing on 19 equitable distribution. 20 (3) A list of the liabilities of either or both of them 21 as of 30 days prior to the date of hearing on equitable 22 distribution, whether or not the liabilities are related to 23 the property set forth in the inventory and appraisement. 24 (c) Discovery.--Discovery under this part shall be as 25 provided for all other civil actions under the Pennsylvania 26 Rules of Civil Procedure. 27 (d) Constructive trust for undisclosed assets.--If a party 28 fails to disclose information required by subsection (b) and in 29 consequence thereof an asset or assets with a fair market value 30 of $500 or more is omitted from the final distribution of 19890H1023B1165 - 52 -
1 property, the party aggrieved by the nondisclosure may at any 2 time petition the court granting the award to declare the 3 creation of a constructive trust as to all undisclosed assets 4 for the benefit of the parties and their minor or dependent 5 children, if any. The party in whose name the assets are held 6 shall be declared the constructive trustee, and the trust may 7 include any terms and conditions the court may determine. The 8 court shall grant the petition upon a finding of a failure to 9 disclose the assets as required under subsection (b). 10 (e) Encumbrance or disposition to third parties.--An 11 encumbrance or disposition of marital property to third persons 12 who paid wholly inadequate consideration for the property may be 13 deemed fraudulent and declared void. 14 § 3506. Statement of reasons for distribution. 15 In an order made under this chapter for the distribution of 16 property the court shall set forth the reason for the 17 distribution ordered. 18 § 3507. Division of entireties property between divorced 19 persons. 20 (a) General rule.--Whenever married persons holding property 21 as tenants by entireties are divorced, they shall, except as 22 otherwise provided by an order made under this chapter, 23 thereafter hold the property as tenants in common of equal one- 24 half shares in value and either of them may bring an action 25 against the other to have the property sold and the proceeds 26 divided between them. 27 (b) Division of proceeds.--Except as provided in subsection 28 (c), the proceeds of a sale under this section, after the 29 payment of the expenses of sale, shall be equally divided 30 between the parties. 19890H1023B1165 - 53 -
1 (c) Liens.--The amount of any lien entered of record jointly 2 against both of the parties, together with any interest due on 3 the lien and docket costs, shall be deducted from the proceeds 4 of sale and the amount of the liens entered of record against 5 either of the parties, together with any interest due on the 6 liens and docket costs, shall be deducted from the share of the 7 party against whom the lien is filed and paid to the person or 8 persons to whom the amount of the lien is due and payable. 9 (d) Record of divorce decree.--No decree of divorce shall be 10 effective to change the existing law relating to liens upon 11 property held by tenants by the entireties except a decree of 12 divorce that is valid in this Commonwealth and not until the 13 decree of divorce or a certified copy of the decree is recorded 14 in the office of the recorder of deeds of the county where the 15 property is situate. The decree shall be indexed in the 16 grantor's index against each of the tenants by the entireties. 17 § 3508. Conveyance of entireties property to divorced spouse. 18 Whenever married persons have acquired real estate as tenants 19 by entireties and thereafter are divorced, either former spouse, 20 except as otherwise provided by an order made under this 21 chapter, may convey to the other without the joinder of the 22 other the grantor's interest in the real estate so that the 23 grantee holds the real estate in fee simple, freed from all 24 right, title and interest which the grantor had in the real 25 estate as a tenant by the entireties. 26 CHAPTER 37 27 ALIMONY AND SUPPORT 28 Sec. 29 3701. Alimony. 30 3702. Alimony pendente lite, counsel fees and expenses. 19890H1023B1165 - 54 -
1 3703. Enforcement of arrearages. 2 3704. Payment of support, alimony and alimony pendente lite. 3 3705. Enforcement of foreign decrees. 4 3706. Bar to alimony. 5 3707. Effect of death of either party. 6 § 3701. Alimony. 7 (a) General rule.--Where a divorce decree has been entered, 8 the court may allow alimony, as it deems reasonable, to either 9 party only if it finds that alimony is necessary. 10 (b) Factors relevant.--In determining whether alimony is 11 necessary and in determining the nature, amount, duration and 12 manner of payment of alimony, the court shall consider all 13 relevant factors, including: 14 (1) The relative earnings and earning capacities of the 15 parties. 16 (2) The ages and the physical, mental and emotional 17 conditions of the parties. 18 (3) The sources of income of both parties, including, 19 but not limited to, medical, retirement, insurance or other 20 benefits. 21 (4) The expectancies and inheritances of the parties. 22 (5) The duration of the marriage. 23 (6) The contribution by one party to the education, 24 training or increased earning power of the other party. 25 (7) The extent to which the earning power, expenses or 26 financial obligations of a party will be affected by reason 27 of serving as the custodian of a minor child. 28 (8) The standard of living of the parties established 29 during the marriage. 30 (9) The relative education of the parties and the time 19890H1023B1165 - 55 -
1 necessary to acquire sufficient education or training to 2 enable the party seeking alimony to find appropriate 3 employment. 4 (10) The relative assets and liabilities of the parties. 5 (11) The property brought to the marriage by either 6 party. 7 (12) The contribution of a spouse as homemaker. 8 (13) The relative needs of the parties. 9 (14) The marital misconduct of either of the parties 10 during the marriage. The marital misconduct of either of the 11 parties from the date of final separation shall not be 12 considered by the court in its determinations relative to 13 alimony. 14 (15) The Federal, State and local tax ramifications of 15 the alimony award. 16 (16) Whether the party seeking alimony lacks sufficient 17 property, including, but not limited to, property distributed 18 under Chapter 35 (relating to property rights), to provide 19 for the party's reasonable needs. 20 (17) Whether the party seeking alimony is incapable of 21 self-support through appropriate employment. 22 (c) Duration.--The court in ordering alimony shall determine 23 the duration of the order, which may be for a definite or an 24 indefinite period of time which is reasonable under the 25 circumstances. 26 (d) Statement of reasons.--In an order made under this 27 section the court shall set forth the reason for its denial or 28 award of alimony and the amount thereof. 29 (e) Modification and termination.--An order entered pursuant 30 to this section is subject to further order of the court upon 19890H1023B1165 - 56 -
1 changed circumstances of either party of a substantial and 2 continuing nature whereupon the order may be modified, 3 suspended, terminated or reinstituted or a new order made. Any 4 further order shall apply only to payments accruing subsequent 5 to the petition for the requested relief. Remarriage of the 6 party receiving alimony shall terminate the award of alimony. 7 (f) Status of agreement to pay alimony.--Whenever the court 8 approves an agreement for the payment of alimony voluntarily 9 entered into between the parties, the agreement shall constitute 10 the order of the court and may be enforced as provided in 11 section 3703 (relating to enforcement of arrearages). 12 § 3702. Alimony pendente lite, counsel fees and expenses. 13 In proper cases, upon petition, the court may allow a spouse 14 reasonable alimony pendente lite, spousal support and reasonable 15 counsel fees and expenses. Reasonable counsel fees and expenses 16 may be allowed pendente lite, and the court shall also have 17 authority to direct that adequate health and hospitalization 18 insurance coverage be maintained for the dependent spouse 19 pendente lite. 20 § 3703. Enforcement of arrearages. 21 If at any time a party is in arrears in the payment of 22 alimony or alimony pendente lite as provided for in sections 23 3701 (relating to alimony) and 3702 (relating to alimony 24 pendente lite, counsel fees and expenses), the court may, after 25 hearing, in order to effect payment of the arrearages: 26 (1) Enter judgment. 27 (2) Authorize the taking and seizure of the goods and 28 chattels and the collection of the rents and profits of the 29 real estate of the party. 30 (3) Attach no more than 50% of the wages of the party. 19890H1023B1165 - 57 -
1 (4) Award interest on unpaid installments. 2 (5) Require security to insure future payments. 3 (6) Issue attachment proceedings, directed to the 4 sheriff or other proper officer of the county, directing that 5 the person named as having failed to comply with the court 6 order be brought before the court at such time as the court 7 may direct. If the court finds, after hearing, that the named 8 person willfully failed to comply with the court order, it 9 may declare the person in civil contempt of court and in its 10 discretion make an appropriate order, including, but not 11 limited to, commitment of the person to prison for a period 12 not to exceed six months. 13 (7) Award counsel fees and costs. 14 § 3704. Payment of support, alimony and alimony pendente lite. 15 When so ordered by the court, all payments of child and 16 spousal support, alimony or alimony pendente lite shall be made 17 to the domestic relations section of the court which issued the 18 order or the domestic relations section of the court at the 19 residence of the party entitled to receive the award. The 20 domestic relations section shall keep an accurate record of all 21 payments and shall notify the court immediately whenever a 22 person subject to a payment order is 30 days in arrears of 23 payment so that appropriate action may be taken to enforce the 24 order of the court. The domestic relations section shall 25 distribute the payments to the person entitled to them as soon 26 as possible after receipt. 27 § 3705. Enforcement of foreign decrees. 28 (a) General rule.--Whenever a person subject to a valid 29 decree of a sister state or territory for the distribution of 30 marital property or for the payment of alimony, temporary 19890H1023B1165 - 58 -
1 alimony or alimony pendente lite, or the property of that person 2 is found within this Commonwealth, the obligee of the decree may 3 petition the court where the obligor or the property of the 4 obligor is found to register, adopt as its own and enforce the 5 decree as a properly issued and authenticated decree of a sister 6 state or territory. Upon registration and adoption, such relief 7 and process for enforcement as is provided or prescribed by law 8 in similar cases originally commenced in this Commonwealth shall 9 be available. A copy of the decree and order shall be forwarded 10 to the court of the state or territory which issued the original 11 decree. The obligor shall have whatever defenses and relief are 12 available to the obligor in the state or territory which issued 13 the original decree and may question the jurisdiction of that 14 court if not otherwise barred. Interest may be awarded on unpaid 15 installments and security may be required to insure future 16 payments as in cases originally commenced in this Commonwealth. 17 Where property of the obligor, but not the person of the 18 obligor, is found within this Commonwealth, there shall be 19 jurisdiction quasi in rem, and, upon registration and adoption 20 of the decree of the sister state or territory, relief and 21 enforcement of the decree shall be available as in other 22 proceedings which are quasi in rem. 23 (b) Optional procedure.--The right of a judgment creditor to 24 proceed under 42 Pa.C.S. § 4306 (relating to enforcement of 25 foreign judgments) or otherwise instead of proceeding under this 26 section remains unimpaired. 27 § 3706. Bar to alimony. 28 No petitioner is entitled to receive an award of alimony 29 where the petitioner, subsequent to the divorce pursuant to 30 which alimony is being sought, has entered into cohabitation 19890H1023B1165 - 59 -
1 with a person of the opposite sex who is not a member of the 2 family of the petitioner within the degrees of consanguinity. 3 § 3707. Effect of death of either party. 4 Upon the death of the payee party, the right to receive 5 alimony pursuant to this chapter shall cease. Upon the death of 6 the payor party, the obligation to pay alimony shall cease 7 unless otherwise indicated in an agreement between the parties 8 or an order of court. 9 PART V 10 SUPPORT, PROPERTY AND CONTRACTS 11 Chapter 12 41. General Provisions 13 CHAPTER 41 14 GENERAL PROVISIONS 15 Sec. 16 4101. Liability for debts contracted before marriage. 17 4102. Liability for purchases by married person. 18 4103. Liability on judgment against married person. 19 4104. Right of married person to separate earnings. 20 4105. Loans between married persons. 21 4106. Construction of chapter. 22 § 4101. Liability for debts contracted before marriage. 23 (a) General rule.--A spouse is not liable for the debts of 24 the other spouse contracted before marriage, unless voluntarily 25 assumed in writing. 26 (b) Liability of property unaffected.--This chapter does not 27 protect the property of a married person from liability for 28 debts contracted by or in the name of the married person by any 29 person authorized to so contract. 30 § 4102. Liability for purchases by married person. 19890H1023B1165 - 60 -
1 (a) General rule.--Except as provided in subsection (b), 2 married persons are not liable jointly for purchases by one of 3 them unless they voluntarily assume joint debts. 4 (b) Necessaries.--Married persons are jointly and severally 5 liable for debts contracted by one of them for necessaries for 6 themselves or their children, except in cases where a child or 7 spousal support order has been entered or a written agreement 8 has been executed. 9 § 4103. Liability on judgment against married person. 10 A judgment against a married person individually before or 11 during marriage does not bind or constitute a lien upon the real 12 property of the other spouse. 13 § 4104. Right of married person to separate earnings. 14 A married person has the right to the separate benefit and 15 use of the separate earnings of that person except with respect 16 to legal support obligations due to other persons. 17 § 4105. Loans between married persons. 18 A married person may loan the other spouse money from the 19 separate estate of the married person and take in security 20 therefor a judgment or mortgage against the property of the 21 other spouse which shall be valid as otherwise provided by law. 22 § 4106. Construction of chapter. 23 This chapter shall not be construed to affect Part IV 24 (relating to divorce). 25 CHAPTER 43 26 SUPPORT MATTERS GENERALLY 27 * * * 28 SUBCHAPTER D 29 PROCEEDINGS AGAINST ENTIRETIES PROPERTY 30 Sec. 19890H1023B1165 - 61 -
1 4361. Execution of support order against entireties property. 2 4362. Plaintiff's share of proceeds of sale. 3 4363. Trustee to distribute proceeds of sale. 4 4364. Credit to plaintiff who purchases property. 5 4365. Rights of divorced person in entireties property sold 6 for support. 7 4366. Other enforcement remedies preserved. 8 § 4361. Execution of support order against entireties property. 9 (a) Entry of order.--Whenever married persons hold real 10 property by the entireties and one spouse secures an order of 11 court against the other spouse for the support of the plaintiff 12 spouse or of a child of both persons or the defendant or for the 13 support of both the plaintiff spouse and child and a copy of the 14 order has been certified to the court of common pleas of the 15 county in this Commonwealth in which the property is situated, 16 the order shall be entered in that court as a judgment with the 17 same effect as if it had been recovered as a judgment of that 18 court. 19 (b) Execution on judgment.--Execution may be issued on the 20 judgment against the real property held by the entireties and 21 the property may be sold in the manner provided by law for the 22 sale of real property on execution issued on a judgment. In any 23 writs of execution on the judgment, the defendant shall not be 24 entitled to the benefit of 42 Pa.C.S. Ch. 81 Subch. B (relating 25 to exemptions from execution) or any other exemption statute. 26 (c) Title of purchaser.--The sale of real property under 27 this section conveys to the purchaser or purchasers thereof a 28 good and valid title to the property and vests in the purchaser 29 or purchasers the entire title of both the married persons in 30 the same manner and with the same effect as if both married 19890H1023B1165 - 62 -
1 persons had joined in the conveyance of the property. 2 (d) Proceedings by obligor spouse prohibited.--The obligor 3 spouse shall not have the right to initiate proceedings under 4 this section. 5 § 4362. Plaintiff's share of proceeds of sale. 6 (a) General rule.--The plaintiff spouse shall be entitled to 7 one-half of the proceeds of the sale of real property by the 8 entireties which represents plaintiff's prior undivided one-half 9 interest in the property. 10 (b) Petition to court.--The plaintiff spouse may petition 11 the court of common pleas of the county where the real property 12 is situated, either before or after the sale of the property by 13 execution, setting forth plaintiff's claim, and the court shall 14 fix a date for a hearing on the petition. 15 (c) Hearing and decree.--After notice and hearing, the court 16 shall make such decree as shall be proper. At the hearing, both 17 spouses shall be competent witnesses. 18 § 4363. Trustee to distribute proceeds of sale. 19 (a) Appointment of trustee.--The court shall, at the time of 20 the hearing or thereafter, appoint a trustee who shall receive 21 from the sheriff the proceeds of the sale of the property after 22 the costs have been paid. 23 (b) Disposition of proceeds.--The trustee shall, out of the 24 proceeds, pay to the plaintiff spouse the sum of money the court 25 decreed as plaintiff's share in the property sold and also the 26 sums of money, and interest thereon from the time the respective 27 items making them up became due and payable, which are due and 28 payable under the order of support. The trustee shall also pay 29 to the plaintiff spouse any additional sums the plaintiff may be 30 entitled to under any order of court for the support of 19890H1023B1165 - 63 -
1 plaintiff or the children of defendant. 2 (c) Compensation of trustee.--The trustee shall be 3 compensated as determined by the court from the proceeds of the 4 sale. 5 § 4364. Credit to plaintiff who purchases property. 6 (a) General rule.--If the plaintiff spouse becomes the 7 purchaser at the execution sale, the plaintiff shall be entitled 8 to a credit on the purchase price thereof for the sum of money 9 found by the court to represent the plaintiff's share in the 10 property and also for the sums of money due the plaintiff from 11 the defendant under the order of support upon which the 12 execution was issued at the time of the sale, together with 13 interest on the sums due the plaintiff for support from the time 14 the respective sums become due. 15 (b) Allowance or assignment of credit.--The credit shall be 16 allowed the plaintiff by the sheriff or the plaintiff may assign 17 the sums due the plaintiff to the purchaser of the property 18 whereupon credit shall be given to the purchaser by the sheriff 19 for the amount assigned. 20 § 4365. Rights of divorced person in entireties property sold 21 for support. 22 (a) General rule.--After the divorce of any spouse who is a 23 tenant by the entireties of real property with the former 24 spouse, the divorced spouse is entitled to all the rights and 25 remedies provided in this subchapter for the collection of any 26 sums of money ordered by a court to be paid to the divorced 27 spouse for the support of the children of the former spouse as 28 fully as if no divorce had occurred. 29 (b) Proceeds of sale.--Upon the sale of the real property 30 for the collection of any sums of money due the divorced spouse 19890H1023B1165 - 64 -
1 under an order of court, the divorced spouse shall be entitled 2 to receive therefrom such sum of money as represents the share 3 of the divorced spouse in the property, as ordered by the court 4 under section 4362 (relating to plaintiff's share of proceeds of 5 sale), together with any sums which may be due to the divorced 6 spouse under an order of support against the former spouse. 7 § 4366. Other enforcement remedies preserved. 8 This subchapter and other provisions of this chapter do not 9 remove from the plaintiff the rights to any other existing 10 remedies to enforce a support order, including, but not limited 11 to, the right of the plaintiff to institute proceedings against 12 the real or personal property of the defendant. 13 PART VI 14 CHILDREN AND MINORS 15 Chapter 16 51. General Provisions 17 53. Custody 18 55. Liability for Tortious Acts of Children 19 CHAPTER 51 20 GENERAL PROVISIONS 21 Sec. 22 5101. Attainment of full age. 23 5102. Children declared to be legitimate. 24 5103. Acknowledgment and claim of paternity. 25 5104. Blood tests to determine paternity. 26 § 5101. Attainment of full age. 27 (a) Age for entering into contracts.--Any individual 18 28 years of age and older shall have the right to enter into 29 binding and legally enforceable contracts and the defense of 30 minority shall not be available to such individuals. 19890H1023B1165 - 65 -
1 (b) Age for suing and being sued.--Except where otherwise 2 provided or prescribed by law, an individual 18 years of age and 3 older shall be deemed an adult and may sue and be sued as such. 4 § 5102. Children declared to be legitimate. 5 (a) General rule.--All children shall be legitimate 6 irrespective of the marital status of their parents, and, in 7 every case where children are born out of wedlock, they shall 8 enjoy all the rights and privileges as if they had been born 9 during the wedlock of their parents except as otherwise provided 10 in Title 20 (relating to decedents, estates and fiduciaries). 11 (b) Determination of paternity.--For purposes of prescribing 12 benefits to children born out of wedlock by, from and through 13 the father, paternity shall be determined by any one of the 14 following ways: 15 (1) If the parents of a child born out of wedlock have 16 married each other. 17 (2) If, during the lifetime of the child, it is 18 determined by clear and convincing evidence that the father 19 openly holds out the child to be his and either receives the 20 child into his home or provides support for the child. 21 (3) If there is clear and convincing evidence that the 22 man was the father of the child which may include a prior 23 court determination of paternity. 24 § 5103. Acknowledgment and claim of paternity. 25 (a) Acknowledgment of paternity.--The father of a child born 26 to an unmarried woman may file with the Department of Health on 27 forms prescribed by it an acknowledgment of paternity of the 28 child which shall include the consent of the mother of the child 29 supported by her affidavit. The department shall, upon receipt 30 of the acknowledgment, proceed as provided in section 603(a) of 19890H1023B1165 - 66 -
1 the act of June 29, 1953 (P.L.304, No.66), known as the Vital 2 Statistics Law of 1953, and the father shall have all the rights 3 and duties as to the child which he would have had if he had 4 been married to the mother at the time of the birth of the 5 child, and the child shall have all the rights and duties as to 6 the father which the child would have had if the father had been 7 married to the mother at the time of birth. The acknowledgment 8 may also provide for the assumption by the child of the surname 9 of the father or other name desired by the parents. 10 (b) Claim of paternity.--If the mother of the child fails or 11 refuses to join in the acknowledgment of paternity provided for 12 in subsection (a), the Department of Health shall index it as a 13 claim of paternity. The filing and indexing of a claim of 14 paternity shall not confer upon the putative father any rights 15 as to the child except that the putative father shall be 16 entitled to notice of any proceeding brought to terminate any 17 parental rights as to the child. 18 § 5104. Blood tests to determine paternity. 19 (a) Short title of section.--This section shall be known and 20 may be cited as the Uniform Act on Blood Tests to Determine 21 Paternity. 22 (b) Scope of section.-- 23 (1) Civil matters.--This section shall apply to all 24 civil matters. 25 (2) Criminal proceedings.--This section shall apply to 26 all criminal proceedings subject to the following limitations 27 and provisions: 28 (i) An order for the tests shall be made only upon 29 application of a party or on the initiative of the court. 30 (ii) The compensation of the experts shall be paid 19890H1023B1165 - 67 -
1 by the party requesting the blood test or by the county, 2 as the court shall direct. 3 (iii) The court may direct a verdict of acquittal 4 upon the conclusions of all the experts under subsection 5 (f). Otherwise, the case shall be submitted for 6 determination upon all the evidence. 7 (iv) The refusal of a defendant to submit to the 8 tests may not be used in evidence against the defendant. 9 (c) Authority for test.--In any matter subject to this 10 section in which paternity, parentage or identity of a child is 11 a relevant fact, the court, upon its own initiative or upon 12 suggestion made by or on behalf of any person whose blood is 13 involved, may or, upon motion of any party to the action made at 14 a time so as not to delay the proceedings unduly, shall order 15 the mother, child and alleged father to submit to blood tests. 16 If any party refuses to submit to the tests, the court may 17 resolve the question of paternity, parentage or identity of a 18 child against the party or enforce its order if the rights of 19 others and the interests of justice so require. 20 (d) Selection of experts.--The tests shall be made by 21 experts qualified as examiners of blood types, who shall be 22 appointed by the court. The experts shall be called by the court 23 as witnesses to testify to their findings and shall be subject 24 to cross-examination by the parties. Any party or person at 25 whose suggestion the tests have been ordered may demand that 26 other experts qualified as examiners of blood types perform 27 independent tests under order of court, the results of which may 28 be offered in evidence. The number and qualifications of experts 29 shall be determined by the court. 30 (e) Compensation of experts.--The compensation of each 19890H1023B1165 - 68 -
1 expert witness appointed by the court shall be fixed at a 2 reasonable amount. It shall be paid as the court shall order. 3 Subject to general rules, the court may order that it be paid by 4 the parties in such proportions and at such times as it shall 5 prescribe or that the proportion of any party be paid by the 6 county and that, after payment by the parties or the county, or 7 both, all or part or none of it be taxed as costs in the action. 8 Subject to general rules, the fee of an expert witness called by 9 a party but not appointed by the court shall be paid by the 10 party calling him, but shall not be taxed as costs in the 11 action. 12 (f) Effect of test results.--If the court finds that the 13 conclusions of all the experts as disclosed by the evidence 14 based upon the tests are that the alleged father is not the 15 father of the child, the question of paternity, parentage or 16 identity of a child shall be resolved accordingly. If the 17 experts disagree in their findings or conclusions, the question 18 shall be submitted upon all the evidence. 19 (g) Effect on presumption of legitimacy.--The presumption of 20 legitimacy of a child born during wedlock is overcome if the 21 court finds that the conclusions of all the experts as disclosed 22 by the evidence based upon the tests show that the husband is 23 not the father of the child. 24 CHAPTER 53 25 CUSTODY 26 Subchapter 27 B. Child Custody Jurisdiction 28 SUBCHAPTER B 29 CHILD CUSTODY JURISDICTION 30 Sec. 19890H1023B1165 - 69 -
1 5341. Short title of subchapter. 2 5342. Purposes and construction of subchapter. 3 5343. Definitions. 4 5344. Jurisdiction. 5 5345. Notice and opportunity to be heard. 6 5346. Notice to persons outside this Commonwealth; submission 7 to jurisdiction. 8 5347. Simultaneous proceedings in other states. 9 5348. Inconvenient forum. 10 5349. Jurisdiction declined by reason of conduct. 11 5350. Information under oath to be submitted to the court. 12 5351. Additional parties. 13 5352. Appearance of parties and the child. 14 5353. Binding force and res judicata effect of custody decree. 15 5354. Recognition of out-of-State custody decrees. 16 5355. Modification of custody decree of another state. 17 5356. Filing and enforcement of custody decree of another 18 state. 19 5357. Registry of out-of-State custody decrees and proceedings. 20 5358. Certified copies of custody decree. 21 5359. Taking testimony in another state. 22 5360. Hearings and studies in another state; orders to appear. 23 5361. Assistance to courts of other states. 24 5362. Preservation of documents for use in other states. 25 5363. Request for court records of another state. 26 5364. Intrastate application. 27 5365. International application. 28 5366. Priority. 29 § 5341. Short title of subchapter. 30 This subchapter shall be known and may be cited as the 19890H1023B1165 - 70 -
1 Uniform Child Custody Jurisdiction Act. 2 § 5342. Purposes and construction of subchapter. 3 (a) Purposes.--The general purposes of this subchapter are 4 to: 5 (1) Avoid jurisdictional competition and conflict with 6 courts of other states in matters of child custody which have 7 in the past resulted in the shifting of children from state 8 to state with harmful effects on their well-being. 9 (2) Promote cooperation with the courts of other states 10 to the end that a custody decree is rendered in that state 11 which can best decide the case in the interest of the child. 12 (3) Assure that litigation concerning the custody of a 13 child takes place ordinarily in the state with which the 14 child and his family have the closest connection and where 15 significant evidence concerning his care, protection, 16 training and personal relationships is most readily 17 available, and that courts of this Commonwealth decline the 18 exercise of jurisdiction when the child and his family have a 19 closer connection with another state. 20 (4) Discourage continuing controversies over child 21 custody in the interest of greater stability of home 22 environment and of secure family relationships for the child. 23 (5) Deter abductions and other unilateral removals of 24 children undertaken to obtain custody awards. 25 (6) Avoid relitigation of custody decisions of other 26 states in this Commonwealth insofar as feasible. 27 (7) Facilitate the enforcement of custody decrees of 28 other states. 29 (8) Promote and expand the exchange of information and 30 other forms of mutual assistance between the courts of this 19890H1023B1165 - 71 -
1 Commonwealth and those of other states concerned with the 2 same child. 3 (b) Construction.--This subchapter shall be construed to 4 promote the general purposes stated in this section. 5 § 5343. Definitions. 6 The following words and phrases when used in this subchapter 7 shall have the meanings given to them in this section unless the 8 context clearly indicates otherwise: 9 "Contestant." An institution or an individual, including a 10 parent, who claims a right to custody or visitation rights with 11 respect to a child. 12 "Custody determination." A court decision and court orders 13 and instructions providing for the custody of a child, including 14 visitation rights. The term does not include a decision relating 15 to child support or any other monetary obligation of any person. 16 "Custody proceeding." Includes proceedings in which a 17 custody determination is one of several issues, such as an 18 action for divorce or separation, and includes child neglect and 19 dependency proceedings. 20 "Decree" or "custody decree." A custody determination 21 contained in a judicial decree or order made in a custody 22 proceeding, and includes an initial decree and a modification 23 decree. 24 "Home state." The state in which the child immediately 25 preceding the time involved lived with his parents, a parent or 26 a person acting as parent, or in an institution, for at least 27 six consecutive months, and, in the case of a child less than 28 six months old, the state in which the child lived from birth 29 with any of the persons mentioned. Periods of temporary absence 30 of any of the named persons are counted as part of the six-month 19890H1023B1165 - 72 -
1 or other period. 2 "Initial decree." The first custody decree concerning a 3 particular child. 4 "Modification decree." A custody decree which modifies or 5 replaces a prior decree, whether made by the court which 6 rendered the prior decree or by another court. 7 "Person acting as parent." A person, including an 8 institution other than a parent, who has physical custody of a 9 child and who has either been awarded custody by a court or 10 claims a right to custody. 11 "Physical custody." Actual possession and control of a 12 child. 13 § 5344. Jurisdiction. 14 (a) General rule.--A court of this Commonwealth which is 15 competent to decide child custody matters has jurisdiction to 16 make a child custody determination by initial or modification 17 decree if: 18 (1) this Commonwealth: 19 (i) is the home state of the child at the time of 20 commencement of the proceeding; or 21 (ii) had been the home state of the child within six 22 months before commencement of the proceeding and the 23 child is absent from this Commonwealth because of his 24 removal or retention by a person claiming his custody or 25 for other reasons, and a parent or person acting as 26 parent continues to live in this Commonwealth; 27 (2) it is in the best interest of the child that a court 28 of this Commonwealth assume jurisdiction because: 29 (i) the child and his parents, or the child and at 30 least one contestant, have a significant connection with 19890H1023B1165 - 73 -
1 this Commonwealth; and 2 (ii) there is available in this Commonwealth 3 substantial evidence concerning the present or future 4 care, protection, training and personal relationships of 5 the child; 6 (3) the child is physically present in this 7 Commonwealth, and: 8 (i) the child has been abandoned; or 9 (ii) it is necessary in an emergency to protect the 10 child because he has been subjected to or threatened with 11 mistreatment or abuse or is otherwise neglected or 12 dependent; 13 (4) (i) it appears that no other state would have 14 jurisdiction under prerequisites substantially in 15 accordance with paragraph (1), (2) or (3), or another 16 state has declined to exercise jurisdiction on the ground 17 that this Commonwealth is the more appropriate forum to 18 determine the custody of the child; and 19 (ii) it is in the best interest of the child that 20 the court assume jurisdiction; or 21 (5) the child welfare agencies of the counties wherein 22 the contestants for the child live, have made an 23 investigation of the home of the person to whom custody is 24 awarded and have found it to be satisfactory for the welfare 25 of the child. 26 (b) Physical presence insufficient.--Except under subsection 27 (a)(3) and (4), physical presence in this Commonwealth of the 28 child, or of the child and one of the contestants, is not alone 29 sufficient to confer jurisdiction on a court of this 30 Commonwealth to make a child custody determination. 19890H1023B1165 - 74 -
1 (c) Physical presence unnecessary.--Physical presence of the 2 child, while desirable, is not a prerequisite for jurisdiction 3 to determine his custody. 4 § 5345. Notice and opportunity to be heard. 5 Before making a decree under this subchapter, reasonable 6 notice and opportunity to be heard shall be given to the 7 contestants, any parent whose parental rights have not been 8 previously terminated and any person who has physical custody of 9 the child. If any of these persons is outside this Commonwealth, 10 notice and opportunity to be heard shall be given pursuant to 11 section 5346 (relating to notice to persons outside this 12 Commonwealth; submission to jurisdiction). 13 § 5346. Notice to persons outside this Commonwealth; submission 14 to jurisdiction. 15 (a) General rule.--Notice required for the exercise of 16 jurisdiction over a person outside this Commonwealth shall be 17 given in a manner reasonably calculated to give actual notice, 18 and may be: 19 (1) by personal delivery outside this Commonwealth in 20 the manner prescribed for service of process within this 21 Commonwealth; 22 (2) in the manner prescribed by the law of the place in 23 which the service is made for service of process in that 24 place in an action in any of its courts of general 25 jurisdiction; 26 (3) by any form of mail addressed to the person to be 27 served and requesting a receipt; or 28 (4) as directed by the court, including publication, if 29 other means of notification are ineffective. 30 (b) Duration.--Notice under this section shall be served, 19890H1023B1165 - 75 -
1 mailed or delivered or last published at least ten days before 2 any hearing in this Commonwealth. 3 (c) Proof of service.--Proof of service outside this 4 Commonwealth may be made by affidavit of the individual who made 5 the service, or in the manner prescribed by the law of this 6 Commonwealth, the order pursuant to which the service is made, 7 or the law of the place in which the service is made. If service 8 is made by mail, proof may be a receipt signed by the addressee 9 or other evidence of delivery to the addressee. 10 (d) Submission to jurisdiction.--Notice is not required if a 11 person submits to the jurisdiction of the court. 12 § 5347. Simultaneous proceedings in other states. 13 (a) General rule.--A court of this Commonwealth shall not 14 exercise its jurisdiction under this subchapter if, at the time 15 of filing the petition, a proceeding concerning the custody of 16 the child was pending in a court of another state exercising 17 jurisdiction substantially in conformity with this subchapter, 18 unless the proceeding is stayed by the court of the other state 19 because this Commonwealth is a more appropriate forum or for 20 other reasons. 21 (b) Procedure.--Before hearing the petition in a custody 22 proceeding, the court shall examine the pleadings and other 23 information supplied by the parties under section 5350 (relating 24 to information under oath to be submitted to the court) and 25 shall consult the child custody registry established under 26 section 5357 (relating to registry of out-of-State custody 27 decrees and proceedings) concerning the pendency of proceedings 28 with respect to the child in other states. If the court has 29 reason to believe that proceedings may be pending in another 30 state, it shall direct an inquiry to the state court 19890H1023B1165 - 76 -
1 administrator or other appropriate official of the other state. 2 (c) Stay; communication with other court.--If the court is 3 informed during the course of the proceeding that a proceeding 4 concerning the custody of the child was pending in another state 5 before the court assumed jurisdiction, it shall stay the 6 proceeding and communicate with the court in which the other 7 proceeding is pending to the end that the issue may be litigated 8 in the more appropriate forum and that information be exchanged 9 in accordance with sections 5360 (relating to hearings and 10 studies in another state; orders to appear) through 5363 11 (relating to request for court records of another state). If a 12 court of this Commonwealth has made a custody decree before 13 being informed of a pending proceeding in a court of another 14 state, it shall immediately inform that court of the fact. If 15 the court is informed that a proceeding was commenced in another 16 state after it assumed jurisdiction, it shall likewise inform 17 the other court to the end that the issues may be litigated in 18 the more appropriate forum. 19 § 5348. Inconvenient forum. 20 (a) General rule.--A court which has jurisdiction under this 21 subchapter to make an initial or modification decree may decline 22 to exercise its jurisdiction any time before making a decree if 23 it finds that it is an inconvenient forum to make a custody 24 determination under the circumstances of the case and that a 25 court of another state is a more appropriate forum. 26 (b) Moving party.--A finding of inconvenient forum may be 27 made upon the court's own motion or upon motion of a party or a 28 guardian ad litem or other representative of the child. 29 (c) Factors to be considered.--In determining if it is an 30 inconvenient forum, the court shall consider if it is in the 19890H1023B1165 - 77 -
1 interest of the child that another state assume jurisdiction. 2 For this purpose it may take into account the following factors, 3 among others: 4 (1) If another state is or recently was the home state 5 of the child. 6 (2) If another state has a closer connection with the 7 child and his family or with the child and one or more of the 8 contestants. 9 (3) If substantial evidence concerning the present or 10 future care, protection, training and personal relationships 11 of the child is more readily available in another state. 12 (4) If the parties have agreed on another forum which is 13 no less appropriate. 14 (5) If the exercise of jurisdiction by a court of this 15 Commonwealth would contravene any of the purposes stated in 16 section 5342 (relating to purposes and construction of 17 subchapter). 18 (d) Communication with other court.--Before determining 19 whether to decline or retain jurisdiction, the court may 20 communicate with a court of another state and exchange 21 information pertinent to the assumption of jurisdiction by 22 either court with a view to assuring that jurisdiction will be 23 exercised by the more appropriate court and that a forum will be 24 available to the parties. 25 (e) Disposition.--If the court finds that it is an 26 inconvenient forum and that a court of another state is a more 27 appropriate forum, it may dismiss the proceedings, or it may 28 stay the proceedings upon condition that a custody proceeding be 29 promptly commenced in another named state or upon any other 30 conditions which may be just and proper, including the condition 19890H1023B1165 - 78 -
1 that a moving party stipulate his consent and submission to the 2 jurisdiction of the other forum. 3 (f) Effect on divorce or other proceeding.--The court may 4 decline to exercise its jurisdiction under this subchapter if a 5 custody determination is incidental to an action for divorce or 6 another proceeding while retaining jurisdiction over the divorce 7 or other proceeding. 8 (g) Costs and expenses.--Subject to general rules: 9 (1) If it appears to the court that it is clearly an 10 inappropriate forum, it may require the party who commenced 11 the proceedings to pay, in addition to the costs of the 12 proceedings in this Commonwealth, necessary travel and other 13 expenses, including attorney fees, incurred by other parties 14 or their witnesses. 15 (2) Payment is to be made to the office of the clerk of 16 the court of common pleas for remittance to the proper party. 17 (h) Notice of disposition.--Upon dismissal or stay of 18 proceedings under this section, the court shall inform the court 19 found to be the more appropriate forum of this fact or, if the 20 court which would have jurisdiction in the other state is not 21 certainly known, shall transmit the information to the court 22 administrator or other appropriate official of the other state 23 for forwarding to the appropriate court. 24 (i) Registry of out-of-State stay; notice of assumption of 25 jurisdiction.--Any communication received from another state 26 informing this Commonwealth of a finding of inconvenient forum 27 because a court of this Commonwealth is the more appropriate 28 forum shall be filed in the custody registry of the appropriate 29 court. Upon assuming jurisdiction, the court of this 30 Commonwealth shall inform the original court of this fact. 19890H1023B1165 - 79 -
1 § 5349. Jurisdiction declined by reason of conduct. 2 (a) General rule.--If the petitioner for an initial decree 3 has wrongfully taken the child from another state or has engaged 4 in conduct intending to benefit his position in a custody 5 hearing, the court may decline to exercise jurisdiction if this 6 is just and proper under the circumstances. 7 (b) Restriction on modification of foreign decree.--Unless 8 required in the interest of the child, the court shall not 9 exercise its jurisdiction to modify a custody decree of another 10 state if the petitioner, without consent of the person entitled 11 to custody, has improperly removed the child from the physical 12 custody of the person entitled to custody or has improperly 13 retained the child after a visit or other temporary 14 relinquishment of physical custody. If the petitioner has 15 violated any other provision of a custody decree of another 16 state, the court may decline to exercise its jurisdiction unless 17 the petitioner can show that conditions in the custodial 18 household are physically or emotionally harmful to the child, 19 the burden of proof being on the petitioner requesting the court 20 to take jurisdiction. 21 (c) Costs and expenses.--Subject to general rules, in 22 appropriate cases a court dismissing a petition under this 23 section may charge the petitioner with necessary travel and 24 other expenses, including attorney fees, incurred by other 25 parties or their witnesses. 26 § 5350. Information under oath to be submitted to the court. 27 (a) General rule.--Every party in a custody proceeding in 28 his first pleading or in an affidavit attached to that pleading 29 shall give information under oath as to the present address of 30 the child, the places where the child has lived within the last 19890H1023B1165 - 80 -
1 five years, and the names and present addresses of the persons 2 with whom the child has lived during that period. In this 3 pleading or affidavit every party shall further declare under 4 oath whether: 5 (1) he has participated (as a party, witness, or in any 6 other capacity) in any other litigation concerning the 7 custody of the same child in this or any other state; 8 (2) he has information of any custody proceeding 9 concerning the child pending in a court of this or any other 10 state; and 11 (3) he knows of any person not a party to the 12 proceedings who has physical custody of the child or claims 13 to have custody or visitation rights with respect to the 14 child. 15 (b) Additional information.--If the declaration as to any of 16 the items set forth in subsection (a) is in the affirmative, the 17 declarant shall give additional information under oath as 18 required by the court. The court may examine the parties under 19 oath as to details of the information furnished and as to other 20 matters pertinent to the jurisdiction of the court and the 21 disposition of the case. 22 (c) Continuing duty.--Each party has a continuing duty to 23 inform the court of any custody proceeding concerning the child 24 in this Commonwealth or any other state of which he obtained 25 information during proceedings under this subchapter. 26 § 5351. Additional parties. 27 If the court learns from information furnished by the parties 28 pursuant to section 5350 (relating to information under oath to 29 be submitted to the court) or from other sources that a person 30 not a party to the custody proceeding has physical custody of 19890H1023B1165 - 81 -
1 the child or claims to have custody or visitation rights with 2 respect to the child, it shall order that person to be joined as 3 a party and to be duly notified of the pendency of the 4 proceeding and of his joinder as a party. If the person joined 5 as a party is outside this Commonwealth, he shall be served with 6 process or otherwise notified in accordance with section 5346 7 (relating to notice to persons outside this Commonwealth; 8 submission to jurisdiction). 9 § 5352. Appearance of parties and the child. 10 (a) General rule.--The court may order any party to the 11 proceeding who is in this Commonwealth to appear personally 12 before the court. If that party has physical custody of the 13 child, the court may order that he appear personally with the 14 child. 15 (b) Out-of-State persons.--If a party to the proceeding 16 whose presence is desired by the court is outside this 17 Commonwealth with or without the child, the court may order that 18 the notice given under section 5346 (relating to notice to 19 persons outside this Commonwealth; submission to jurisdiction) 20 include a statement directing that party to appear personally 21 with or without the child and declaring that failure to appear 22 may result in a decision adverse to that party. 23 (c) Costs and expenses.--If a party to the proceeding who is 24 outside this Commonwealth is directed to appear under subsection 25 (b) or desires to appear personally before the court with or 26 without the child, the court may require another party to pay 27 travel and other necessary expenses of the party so appearing 28 and of the child if this is just and proper under the 29 circumstances. 30 § 5353. Binding force and res judicata effect of custody 19890H1023B1165 - 82 -
1 decree. 2 A custody decree rendered by a court of this Commonwealth 3 which had jurisdiction under section 5344 (relating to 4 jurisdiction) binds all parties who have been served in this 5 Commonwealth or notified in accordance with section 5346 6 (relating to notice to persons outside this Commonwealth; 7 submission to jurisdiction) or who have submitted to the 8 jurisdiction of the court, and who have been given an 9 opportunity to be heard. As to these parties, the custody decree 10 is conclusive as to all issues of law and fact decided and as to 11 the custody determination made unless and until that 12 determination is modified pursuant to law, including the 13 provisions of this subchapter. 14 § 5354. Recognition of out-of-State custody decrees. 15 The courts of this Commonwealth shall recognize and enforce 16 an initial or modification decree of a court of another state 17 which had assumed jurisdiction under statutory provisions 18 substantially in accordance with this subchapter or which was 19 made under factual circumstances meeting the jurisdictional 20 standards of this subchapter, so long as the decree has not been 21 modified in accordance with jurisdictional standards 22 substantially similar to those of this subchapter. 23 § 5355. Modification of custody decree of another state. 24 (a) General rule.--If a court of another state has made a 25 custody decree, a court of this Commonwealth shall not modify 26 that decree unless: 27 (1) it appears to the court of this Commonwealth that 28 the court which rendered the decree does not now have 29 jurisdiction under jurisdictional prerequisites substantially 30 in accordance with this subchapter or has declined to assume 19890H1023B1165 - 83 -
1 jurisdiction to modify the decree; and 2 (2) the court of this Commonwealth has jurisdiction. 3 (b) Consideration of out-of-State record.--If a court of 4 this Commonwealth is authorized under subsection (a) and section 5 5349 (relating to jurisdiction declined by reason of conduct) to 6 modify a custody decree of another state, it shall give due 7 consideration to the transcript of the record and other 8 documents of all previous proceedings submitted to it in 9 accordance with section 5363 (relating to request for court 10 records of another state). 11 § 5356. Filing and enforcement of custody decree of another 12 state. 13 (a) General rule.--A certified copy of a custody decree of 14 another state whose decrees are recognized under section 5354 15 (relating to recognition of out-of-State custody decrees) may be 16 filed in any office of the clerk of the court of common pleas of 17 this Commonwealth. The clerk shall treat the decree in the same 18 manner as a custody decree of a court of common pleas of this 19 Commonwealth. A custody decree so filed has the same effect and 20 shall be enforced in like manner as a custody decree rendered by 21 a court of this Commonwealth. 22 (b) Costs and expenses.--A person violating a custody decree 23 of another state which makes it necessary to enforce the decree 24 in this Commonwealth may be required to pay necessary travel and 25 other expenses, including attorney fees, incurred by the party 26 entitled to the custody or his witnesses. 27 § 5357. Registry of out-of-State custody decrees and 28 proceedings. 29 Each office of the clerk of the court of common pleas shall 30 maintain a registry in which it shall enter the following: 19890H1023B1165 - 84 -
1 (1) Certified copies of custody decrees of other states 2 received for filing. 3 (2) Communications as to the pendency of custody 4 proceedings in other states. 5 (3) Communications concerning a finding of inconvenient 6 forum by a court of another state. 7 (4) Other communications or documents concerning custody 8 proceedings in another state which may affect the 9 jurisdiction of a court of this Commonwealth or the 10 disposition to be made by it in a custody proceeding. 11 § 5358. Certified copies of custody decree. 12 The office of the clerk of the court of common pleas, at the 13 request of the court of another state or at the request of any 14 person who is affected by or has a legitimate interest in a 15 custody decree, shall certify and forward a copy of the decree 16 to that court or person. 17 § 5359. Taking testimony in another state. 18 In addition to other procedural devices available to a party, 19 any party to the proceeding or a guardian ad litem or other 20 representative of the child may adduce testimony of witnesses, 21 including parties and the child, by deposition or otherwise, in 22 another state. The court on its own motion may direct that the 23 testimony of a person be taken in another state and may 24 prescribe the manner in which and the terms upon which the 25 testimony shall be taken. 26 § 5360. Hearings and studies in another state; orders to 27 appear. 28 (a) Hearings and studies.--A court of this Commonwealth may 29 request the appropriate court of another state to hold a hearing 30 to adduce evidence, to order a party to produce or give evidence 19890H1023B1165 - 85 -
1 under other procedures of that state, or to have social studies 2 made with respect to the custody of a child involved in 3 proceedings pending in the court of this Commonwealth; and to 4 forward to the court of this Commonwealth certified copies of 5 the transcript of the record of the hearing, the evidence 6 otherwise adduced, or any social studies prepared in compliance 7 with the request. Subject to general rules, the cost of the 8 services may be assessed against the parties or, if necessary, 9 ordered paid by the county. 10 (b) Order to appear.--A court of this Commonwealth may 11 request the appropriate court of another state to order a party 12 to custody proceedings pending in the court of this Commonwealth 13 to appear in the proceedings, and, if that party has physical 14 custody of the child, to appear with the child. The request may 15 state that travel and other necessary expenses of the party and 16 of the child whose appearance is desired will be assessed 17 against another party or will otherwise be paid. 18 § 5361. Assistance to courts of other states. 19 (a) General rule.--Upon request of the court of another 20 state, the courts of this Commonwealth which are competent to 21 hear custody matters may order a person in this Commonwealth to 22 appear at a hearing to adduce evidence or to produce or give 23 evidence under other procedures available in this Commonwealth 24 or may order social studies to be made for use in a custody 25 proceeding in another state. A certified copy of the transcript 26 of the record of the hearing or the evidence otherwise adduced, 27 any psychological studies and any social studies prepared shall 28 be forwarded to the requesting court. 29 (b) Voluntary testimony.--A person within this Commonwealth 30 may voluntarily give his testimony or statement in this 19890H1023B1165 - 86 -
1 Commonwealth for use in a custody proceeding outside this 2 Commonwealth. 3 (c) Appearance in other state.--Upon request of the court of 4 another state, a competent court of this Commonwealth may order 5 a person in this Commonwealth to appear alone or with the child 6 in a custody proceeding in another state. The court may 7 condition compliance with the request upon assurance by the 8 other state that travel and other necessary expenses will be 9 advanced or reimbursed. 10 § 5362. Preservation of documents for use in other states. 11 In any custody proceeding in this Commonwealth, the court 12 shall preserve the pleadings, orders and decrees, any record 13 that has been made of its hearings, social studies and other 14 pertinent documents until the child reaches 18 years of age. 15 Upon appropriate request of the court of another state, the 16 court shall forward to the other court certified copies of any 17 or all of such documents. 18 § 5363. Request for court records of another state. 19 If a custody decree has been rendered in another state 20 concerning a child involved in a custody proceeding pending in a 21 court of this Commonwealth, the court of this Commonwealth upon 22 taking jurisdiction of the case shall request of the court of 23 the other state a certified copy of the transcript of any court 24 record and other documents mentioned in section 5362 (relating 25 to preservation of documents for use in other states). 26 § 5364. Intrastate application. 27 (a) General rule.--Except as otherwise provided in this 28 section, the provisions of this subchapter allocating 29 jurisdiction and functions between and among courts of different 30 states shall also allocate jurisdiction and functions between 19890H1023B1165 - 87 -
1 and among the courts of common pleas of this Commonwealth. 2 (b) Home jurisdiction.--For the purposes of the definition 3 of "home state" in section 5343 (relating to definitions), a 4 period of temporary absence of the child from the physical 5 custody of the parent, person acting as parent or institution 6 shall not affect the six months or other period. 7 (c) Petitioner.--As used in this subchapter, insofar as 8 relates to the allocation of jurisdiction and functions between 9 and among the courts of common pleas of this Commonwealth, the 10 term "petitioner" means anyone seeking change in the status of 11 custody of a child either by an affirmative action brought in a 12 court or as a defense to a custody action brought by a person 13 acting as parent who had previously been awarded custody of the 14 child. 15 (d) Effect of agency investigation.--Section 5344(a)(5) 16 (relating to jurisdiction) shall not be applicable for the 17 purposes of this section. 18 (e) Period of notice.--Notice under section 5346 (relating 19 to notice to persons outside this Commonwealth; submission to 20 jurisdiction) shall be served, mailed, delivered or last 21 published at least 20 days before any hearing. 22 (f) Jurisdiction declined by reason of conduct.-- 23 (1) If it is just and proper under the circumstances, 24 when the petitioner for an initial decree has wrongfully 25 taken the child from another jurisdiction or has engaged in 26 improper conduct intending to benefit his position in a 27 custody proceeding, upon presentation of the petition, the 28 court shall decline to exercise jurisdiction or shall 29 exercise jurisdiction only to issue an order, pending a full 30 hearing in the appropriate jurisdiction, returning the 19890H1023B1165 - 88 -
1 parties to the custodial status quo existing prior to the 2 improper conduct or wrongful taking unless the petitioner can 3 show that conditions in the former custodial household are 4 physically or emotionally harmful to the child. 5 (2) Unless required in the interest of the child, the 6 court shall not exercise its jurisdiction to modify a custody 7 decree of another court if the petitioner, without consent of 8 the person entitled to custody has: 9 (i) improperly removed the child from the physical 10 custody of the person entitled to custody; 11 (ii) improperly retained the child after a visit or 12 other temporary relinquishment of physical custody; or 13 (iii) removed the child from the jurisdiction of the 14 court entering the decree without 20 days' written notice 15 to the court entering the decree and any party entitled 16 to custody or visitation rights under the terms of the 17 decree. 18 If the petitioner has violated any provision of a custody 19 decree of another court, the court shall decline to exercise 20 its jurisdiction unless the contestant can show that 21 conditions in the custodial household are physically or 22 emotionally harmful to the child. The burden of proof on this 23 issue is on the contestant requesting the court to take 24 jurisdiction. 25 (3) Subject to general rules, in appropriate cases a 26 court dismissing a petition under this subsection may charge 27 the petitioner with necessary travel and other expenses, 28 including attorney fees, incurred by other parties or their 29 witnesses. 30 (g) Statewide orders.--A court may under section 5352(a) 19890H1023B1165 - 89 -
1 (relating to appearance of parties and the child) issue orders 2 to any party to the proceeding who is in any judicial district 3 of this Commonwealth. 4 (h) Modification of custody decrees.-- 5 (1) If another court has made a custody decree, a court 6 before which a petition for modification is pending shall not 7 modify the decree of the other court unless it appears to the 8 court before which the petition is pending that the other 9 court which rendered the decree does not have jurisdiction 10 under jurisdictional prerequisites substantially in 11 accordance with this subchapter or has declined to assume 12 jurisdiction to modify its decree and the provisions of 13 subsection (f)(2) will not be violated by an exercise of 14 jurisdiction by the court before which the petition is 15 pending. 16 (2) If a court of this Commonwealth is authorized under 17 paragraph (1) to modify a custody decree of another court, it 18 shall give due consideration to the transcript of the record 19 and other documents of all previous proceedings submitted to 20 it in accordance with section 5363 (relating to request for 21 court records of another state). 22 § 5365. International application. 23 The general policies of this subchapter, extend to the 24 international area. The provisions of this subchapter relating 25 to the recognition and enforcement of custody decrees of other 26 states apply to custody decrees and decrees involving legal 27 institutions similar in nature to custody institutions rendered 28 by appropriate authorities of other nations if reasonable notice 29 and opportunity to be heard were given to all affected persons. 30 § 5366. Priority. 19890H1023B1165 - 90 -
1 Upon the request of a party to a custody proceeding which 2 raises a question of existence or exercise of jurisdiction under 3 this subchapter, the case shall be given calendar priority and 4 handled expeditiously. 5 CHAPTER 55 6 LIABILITY FOR TORTIOUS ACTS OF CHILDREN 7 Sec. 8 5501. Definitions. 9 5502. Liability of parents. 10 5503. Establishing liability in criminal or juvenile 11 proceedings. 12 5504. Establishing liability in civil proceedings. 13 5505. Monetary limits of liability. 14 5506. Double recovery for same injury prohibited. 15 5507. Indemnity or contribution from child prohibited. 16 5508. Liability of parent not having custody or control of 17 child. 18 5509. Other liability of parent or child unaffected. 19 § 5501. Definitions. 20 The following words and phrases when used in this chapter 21 shall have the meanings given to them in this section unless the 22 context clearly indicates otherwise: 23 "Child." An individual under 18 years of age. 24 "Injury." Includes injury to the person and theft, 25 destruction or loss of property. 26 "Parent." Includes natural or adoptive parents. 27 "Person." Includes government units and Federal agencies. 28 "Tortious act." A willful tortious act resulting in injury. 29 § 5502. Liability of parents. 30 Any parent whose child is found liable or is adjudged guilty 19890H1023B1165 - 91 -
1 by a court of competent jurisdiction of a tortious act shall be 2 liable to the person who suffers the injury to the extent set 3 forth in this chapter. 4 § 5503. Establishing liability in criminal or juvenile 5 proceedings. 6 (a) General rule.--In any criminal proceeding against a 7 child and in any proceeding against a child under 42 Pa.C.S. Ch. 8 63 (relating to juvenile matters), the court shall ascertain the 9 amount sufficient to fully reimburse any person who has suffered 10 injury because of the tortious act of the child and direct the 11 parents to make payment in the amount not to exceed the 12 limitations set forth in section 5505 (relating to monetary 13 limits of liability). 14 (b) Noncompliance with direction of court.--If the parents 15 fail to comply with the direction of the court, the amount may 16 be recovered in a civil action against the parents or either of 17 them. 18 § 5504. Establishing liability in civil proceedings. 19 (a) Petition.--If a judgment has been rendered against the 20 child in a civil action for injury because of the tortious act 21 of the child and the judgment has not been satisfied within a 22 period of 30 days, the injured person may petition the court for 23 a rule to show cause why judgment should not be entered against 24 the parent. 25 (b) Answer and trial.--The parent may file an answer to the 26 petition, and, if there is any dispute as to unlitigated facts, 27 the case shall be set down for trial. 28 (c) Judgment.--If there is no dispute as to the unlitigated 29 facts, the court shall authorize the entry of a judgment against 30 the parent. In no case shall the judgment against the parent 19890H1023B1165 - 92 -
1 exceed the limitations set forth in section 5505 (relating to 2 monetary limits of liability). 3 § 5505. Monetary limits of liability. 4 (a) General rule.--Liability of the parents under this 5 chapter shall be limited to: 6 (1) The sum of $300 for injuries suffered by any one 7 person as a result of one tortious act or continuous series 8 of tortious acts. 9 (2) The sum of $1,000 regardless of the number of 10 persons who suffer injury as a result of one tortious act or 11 continuous series of tortious acts. 12 (b) Proceedings where loss exceeds liability.--In the event 13 that actual loss as ascertained by the court or the judgment 14 against the child exceeds $1,000, the parents shall be 15 discharged from further liability by the payment of $1,000 into 16 court. The court shall cause all aggrieved parties to submit 17 itemized statements of loss in writing and shall make 18 distribution proportionately, whether the claims be for injuries 19 to the person or for theft, destruction or loss of property. The 20 court may take testimony to assist it in making proper 21 distribution and may appoint a master to accomplish this 22 purpose. All costs and fees incurred in these proceedings shall 23 be paid from the $1,000 paid into court. 24 (c) Joint acts by children of same parent.--The limitations 25 on liability set forth in subsections (a) and (b) shall be 26 applicable when two or more children of the same parent engage 27 jointly in the commission of one tortious act or series of 28 tortious acts. 29 § 5506. Double recovery for same injury prohibited. 30 In no case shall there be a double recovery for one injury. 19890H1023B1165 - 93 -
1 Any judgment against a child resulting from a tortious act for 2 which a parent makes payment under this chapter shall be reduced 3 by the amount paid by the parent. 4 § 5507. Indemnity or contribution from child prohibited. 5 The parent shall have no right of indemnity or contribution 6 against the child. 7 § 5508. Liability of parent not having custody or control of 8 child. 9 (a) General rule.--No liability may be imposed upon a parent 10 under this chapter if, at the time of commission of the tortious 11 act, the parent has neither custody of the child nor is entitled 12 to custody of the child or if the child is institutionalized or 13 emancipated. 14 (b) Exception.--No parent is absolved of liability due to 15 the desertion of the child by the parent. 16 § 5509. Other liability of parent or child unaffected. 17 The liability imposed upon parents by this chapter shall not 18 limit the common-law liability of parents for damages caused by 19 a child and shall be separate and apart from any liability which 20 may be imposed upon the child. 21 PART VII 22 ABUSE OF FAMILY 23 Chapter 24 61. Protection From Abuse 25 63. Child Protective Services 26 CHAPTER 61 27 PROTECTION FROM ABUSE 28 Sec. 29 6101. Short title of chapter. 30 6102. Definitions. 19890H1023B1165 - 94 -
1 6103. Effect of departure to avoid abuse. 2 6104. Registration of order. 3 6105. Responsibilities of local law enforcement agencies. 4 6106. Commencement of proceedings. 5 6107. Hearings. 6 6108. Relief. 7 6109. Service of orders. 8 6110. Emergency relief by minor judiciary. 9 6111. Domestic violence counselor/advocate. 10 6112. Disclosure of addresses. 11 6113. Arrest for violation of order. 12 6114. Contempt for violation of order or agreement. 13 6115. Reporting abuse and immunity. 14 6116. Confidentiality. 15 6117. Procedure and other remedies. 16 § 6101. Short title of chapter. 17 This chapter shall be known and may be cited as the 18 Protection From Abuse Act. 19 § 6102. Definitions. 20 The following words and phrases when used in this chapter 21 shall have the meanings given to them in this section unless the 22 context clearly indicates otherwise: 23 "Abuse." The occurrence of one or more of the following acts 24 between family or household members, sexual or intimate partners 25 or persons who share biological parenthood: 26 (1) Attempting to cause or intentionally, knowingly or 27 recklessly causing bodily injury, serious bodily injury, 28 rape, spousal sexual assault or involuntary deviate sexual 29 intercourse with or without a deadly weapon. 30 (2) Placing by physical menace another in fear of 19890H1023B1165 - 95 -
1 imminent serious bodily injury. 2 (3) The infliction of false imprisonment pursuant to 18 3 Pa.C.S. § 2903 (relating to false imprisonment). 4 (4) Physically or sexually abusing minor children. 5 "Adult." An individual who is 18 years of age or older. 6 "Bail commissioners." Bail commissioners of the Philadelphia 7 Municipal Court. 8 "Confidential communications." Information, whether written 9 or spoken, transmitted between a victim and a domestic violence 10 counselor or advocate in the course of the relationship and in 11 confidence by a means which, insofar as the victim is aware, 12 discloses the information to no third person other than to those 13 who are present to further the interest of the victim in the 14 consultation or assistance, to those who are coparticipants in 15 the counseling service or to those to whom disclosure is 16 reasonably necessary for the transmission of the information or 17 an accomplishment of the purpose for which the domestic violence 18 counselor or advocate is consulted. The term includes 19 information received or given by the domestic violence counselor 20 or advocate in the course of the relationship, as well as 21 advice, reports or working papers given or made in the course of 22 the relationship. 23 "Domestic violence counselor/advocate." An individual who is 24 engaged in a domestic violence program, who provides services to 25 victims of domestic violence, who has undergone 40 hours of 26 training and who is under the control of a direct services 27 supervisor of a domestic violence program, the primary purpose 28 of which is the rendering of counseling or assistance to victims 29 of domestic violence. 30 "Domestic violence program." A nonprofit organization or 19890H1023B1165 - 96 -
1 program whose primary purpose is to provide services to domestic 2 violence victims which include, but are not limited to, crisis 3 hotline; safe homes or shelters; community education; counseling 4 systems intervention and interface; transportation, information 5 and referral; and victim assistance. 6 "Family or household members." Spouses or persons who have 7 been spouses, persons living as spouses or who lived as spouses, 8 parents and children, other persons related by consanguinity or 9 affinity, current or former sexual or intimate partners or 10 persons who share biological parenthood. 11 "Minor." An individual who is not an adult. 12 "Victim." A person who is physically or sexually abused by a 13 family or household member. 14 § 6103. Effect of departure to avoid abuse. 15 The right of plaintiff to relief under this chapter shall not 16 be affected by plaintiff leaving the residence or household to 17 avoid further abuse. 18 § 6104. Registration of order. 19 (a) Registry.--The prothonotary shall maintain a registry in 20 which it shall enter certified copies of orders entered by 21 courts from other jurisdictions in this Commonwealth pursuant to 22 this chapter. 23 (b) Registration of order in any county.--A plaintiff who 24 obtains a valid order under this chapter may register that order 25 in any county within this Commonwealth where the plaintiff 26 believes enforcement may be necessary. A court shall recognize 27 and enforce a valid order under this chapter which has been 28 issued by another court but properly registered with a county 29 within the judicial district of the court where enforcement is 30 sought. 19890H1023B1165 - 97 -
1 (c) Certified copy.--A valid order under this chapter may be 2 registered by the plaintiff in a county other than the issuing 3 county by obtaining a certified copy of the order of the issuing 4 court endorsed by the prothonotary of that court and presenting 5 that certified order to the prothonotary where the order is to 6 be registered. 7 (d) Proof of registration.--Upon receipt of a certified 8 order for registration, the prothonotary shall provide the 9 plaintiff with a copy bearing the proof of registration to be 10 filed with the appropriate law enforcement agency. 11 § 6105. Responsibilities of local law enforcement agencies. 12 The police department of each municipal corporation shall 13 insure that all its officers and employees are familiar with the 14 provisions of this chapter. Instruction concerning protection 15 from abuse shall be made a part of the training curriculum for 16 all trainee officers. 17 § 6106. Commencement of proceedings. 18 (a) General rule.--An adult or an emancipated minor may seek 19 relief under this chapter for that person or any parent, adult 20 household member or guardian ad litem may seek relief under this 21 chapter on behalf of minor children, or a guardian of the person 22 of an adult who has been declared incompetent under 20 Pa.C.S. 23 Ch. 51 Subch. B (relating to appointment of guardian) may seek 24 relief on behalf of the incompetent adult, by filing a petition 25 with the court alleging abuse by the defendant. 26 (b) Affidavit of insufficient funds for fees.--If the 27 plaintiff files an affidavit stating that plaintiff does not 28 have funds available to pay the fees for filing and service, the 29 petition shall be filed and service shall be made without 30 payment of fees, and leave of court to proceed in forma pauperis 19890H1023B1165 - 98 -
1 shall not be required. 2 (c) Determination of indigency.--When the petition is filed 3 without payment of fees, the court shall determine at the 4 hearing on the petition whether the plaintiff is able to pay the 5 costs of filing and service. If the plaintiff is unable to pay 6 the costs of filing and service, the court may waive the payment 7 of costs or, if the plaintiff prevails in the action, assign 8 them to the defendant. This subsection and subsection (b) apply 9 to courts of common pleas, the Philadelphia Municipal Court, 10 bail commissioners and district justices. 11 (d) Court to adopt means of service.--The court shall adopt 12 a means of prompt and effective service in those instances where 13 the plaintiff avers that service cannot be safely effected by an 14 adult individual other than a law enforcement officer or where 15 the court so orders. 16 (e) Service by sheriff.--If the plaintiff files an affidavit 17 stating that the plaintiff does not have funds available to pay 18 the costs of filing and service or if the court so orders, the 19 sheriff or other designated agency or individual shall serve the 20 petition and order without prepayment of costs. 21 (f) Service of petition and orders.--The petition and orders 22 shall be served upon the defendant, and orders shall be served 23 upon the police departments with appropriate jurisdiction to 24 enforce the orders. Orders shall be promptly served on the 25 police. Failure to serve shall not stay the effect of a valid 26 order. 27 (g) Assistance and advice to plaintiff.--The courts, 28 district justices, the Philadelphia Municipal Court and bail 29 commissioners shall: 30 (1) Provide simplified forms and clerical assistance in 19890H1023B1165 - 99 -
1 English and Spanish to help with the writing and filing of 2 the petition for a protection order for an individual not 3 represented by counsel. 4 (2) Advise a plaintiff not represented by counsel of the 5 right to file an affidavit stating that the plaintiff does 6 not have funds available to pay the costs of filing and 7 service and assist with the writing and filing of the 8 affidavit. 9 § 6107. Hearings. 10 (a) General rule.--Within ten days of the filing of a 11 petition under this chapter, a hearing shall be held before the 12 court, at which the plaintiff must prove the allegation of abuse 13 by a preponderance of the evidence. The court shall advise the 14 defendant of the right to be represented by counsel. 15 (b) Temporary orders.--If a plaintiff petitions for 16 temporary order for protection from abuse and alleges immediate 17 and present danger of abuse to the plaintiff or minor children, 18 the court shall conduct an ex-parte proceeding. The court may 19 enter such a temporary order as it deems necessary to protect 20 the plaintiff or minor children when it finds they are in 21 immediate and present danger of abuse. 22 (c) Continued hearings.--If a hearing under subsection (a) 23 is continued, the court may make or extend such temporary orders 24 under subsection (b) as it deems necessary. 25 (d) Costs.--If the plaintiff prevails, the court shall 26 assign costs to the defendant unless the parties agree 27 otherwise. If the defendant is indigent, costs shall be waived. 28 § 6108. Relief. 29 (a) General rule.--The court may grant any protection order 30 or approve any consent agreement to bring about a cessation of 19890H1023B1165 - 100 -
1 abuse of the plaintiff or minor children. The order or agreement 2 may include: 3 (1) Directing the defendant to refrain from abusing the 4 plaintiff or minor children. 5 (2) Granting possession to the plaintiff of the 6 residence or household to the exclusion of the defendant by 7 evicting the defendant or restoring possession to the 8 plaintiff when the residence or household is jointly owned or 9 leased by the parties, is owned or leased by the entireties 10 or is owned or leased solely by the plaintiff. 11 (3) When the defendant has a duty to support the 12 plaintiff or minor children living in the residence or 13 household and the defendant is the sole owner or lessee, 14 granting possession to the plaintiff of the residence or 15 household to the exclusion of the defendant by evicting the 16 defendant or restoring possession to the plaintiff or, by 17 consent agreement, allowing the defendant to provide suitable 18 alternate housing. 19 (4) Awarding temporary custody of or establishing 20 temporary visitation rights with regard to minor children. A 21 defendant shall not be granted custody or partial custody 22 where it is alleged in the petition, and the court finds 23 after a hearing under this chapter, that the defendant abused 24 the minor children of the parties or where the defendant has 25 been convicted of violating 18 Pa.C.S. § 2904 (relating to 26 interference with custody of children) within two calendar 27 years prior to the filing of the petition for protection 28 order. If a plaintiff petitions for a temporary order under 29 section 6107(b) (relating to hearings) and the defendant has 30 partial, shared or full custody of the minor children of the 19890H1023B1165 - 101 -
1 parties by order of court or written agreement of the 2 parties, the custody shall not be disturbed or changed unless 3 the court finds that the defendant is likely to inflict abuse 4 upon the children or to remove the children from the 5 jurisdiction of the court prior to the hearing under section 6 6107(a). Nothing in this paragraph shall bar either party 7 from filing a petition for custody under 23 Pa.C.S. Ch. 53 8 (relating to custody) or under the Pennsylvania Rules of 9 Civil Procedure. The court shall consider, and may impose on 10 a custody award, conditions necessary to assure the safety of 11 the plaintiff and minor children from abuse. 12 (5) After a hearing in accordance with section 6107(a), 13 directing the defendant to pay financial support to those 14 persons the defendant has a duty to support. The support 15 order shall be temporary, and any beneficiary of the order 16 must file a complaint for support under the provisions of 17 Chapters 43 (relating to support matters generally) and 45 18 (relating to reciprocal enforcement of support orders) within 19 two weeks of the date of the issuance of the protection 20 order. If a complaint for support is not filed, that portion 21 of the protection order requiring the defendant to pay 22 support is void. When there is a subsequent ruling on a 23 complaint for support, the portion of the protection order 24 requiring the defendant to pay support expires. 25 (6) Prohibiting the defendant from having any contact 26 with the plaintiff, including, but not limited to, 27 restraining the defendant from entering the place of 28 employment or business or school of the plaintiff and from 29 harassing the plaintiff or plaintiff's relatives or minor 30 children. 19890H1023B1165 - 102 -
1 (7) Ordering the defendant to temporarily relinquish to 2 the sheriff the defendant's weapons which have been used or 3 been threatened to be used in an incident of abuse against 4 the plaintiff or the minor children. The court's order shall 5 provide for the return of the weapons to the defendant 6 subject to any restrictions and conditions as the court shall 7 deem appropriate to protect the plaintiff or minor children 8 from further abuse through the use of weapons. 9 (8) Directing the defendant to pay the plaintiff for 10 reasonable losses suffered as a result of the abuse, 11 including medical, dental, relocation and moving expenses; 12 counseling; loss of earnings or support; and other out-of- 13 pocket losses for injuries sustained. In addition to out-of- 14 pocket losses, the court may direct the defendant to pay 15 reasonable attorney fees. 16 (b) Duration and amendment of order or agreement.--A 17 protection order or approved consent agreement shall be for a 18 fixed period of time not to exceed one year. The court may amend 19 its order or agreement at any time upon subsequent petition 20 filed by either party. 21 (c) Title to real property unaffected.--No order or 22 agreement under this chapter shall in any manner affect title to 23 any real property. 24 § 6109. Service of orders. 25 (a) Issuance.--A copy of an order under this chapter shall 26 be issued to the plaintiff, the defendant and the police 27 department with appropriate jurisdiction to enforce the order or 28 agreement in accordance with the provisions of this chapter or 29 as ordered by the court, district justice, the Philadelphia 30 Municipal Court or bail commissioners. 19890H1023B1165 - 103 -
1 (b) Placement in county registry.--Upon receipt of an order, 2 the police department shall immediately place the order in a 3 county registry of protection orders. The police department 4 shall assure that the registry is current at all times and that 5 orders are removed upon expiration thereof. 6 § 6110. Emergency relief by minor judiciary. 7 (a) General rule.--When, in counties with less than four 8 judges, the court is unavailable during the business day by 9 reason of duties outside the county, illness or vacation, and 10 when, in counties with at least four judges, the court deems 11 itself unavailable from the close of business at the end of each 12 day to the resumption of business the next morning or from the 13 end of the business week to the beginning of the business week, 14 a petition may be filed before a district justice, bail 15 commissioner or judge of the Philadelphia Municipal Court who 16 may grant relief in accordance with section 6108(a)(1) and (2) 17 or (1) and (3) (relating to relief) if the district justice, 18 bail commissioner or judge deems it necessary to protect the 19 plaintiff or minor children from abuse upon good cause shown in 20 an ex parte proceeding. Immediate and present danger of abuse to 21 the plaintiff or minor children shall constitute good cause for 22 the purposes of this subsection. 23 (b) Expiration of order.--An order issued under subsection 24 (a) shall expire as of the resumption of business of the court 25 at the beginning of the next business day, at which time the 26 court shall schedule hearings on protection orders entered by 27 district justices, bail commissioners or Philadelphia Municipal 28 Court Judges under subsection (a) and shall review and continue 29 in effect protection orders that are necessary to protect the 30 plaintiff or minor children from abuse until the hearing, at 19890H1023B1165 - 104 -
1 which time the plaintiff may seek a temporary order from the 2 court. 3 (c) Certification of order to court.--An emergency order 4 issued under this section and any documentation in support 5 thereof shall be immediately certified to the court. The 6 certification to the court shall have the effect of commencing 7 proceedings under section 6106 (relating to commencement of 8 proceedings) and invoking the other provisions of this chapter. 9 If it is not already alleged in a petition for an emergency 10 order, the plaintiff shall file a verified statement setting 11 forth the abuse of defendant at least five days prior to the 12 hearing. Service of the verified statement shall be made subject 13 to section 6106. 14 (d) Instructions regarding the commencement of 15 proceedings.--Upon issuance of an emergency order, the district 16 justice, bail commissioner or Philadelphia Municipal Court Judge 17 shall provide the plaintiff instructions regarding the 18 commencement of proceedings in the court of common pleas at the 19 beginning of the next business day and regarding the procedures 20 for initiating a contempt charge should the defendant violate 21 the emergency order. The district justice, a bail commissioner 22 or Philadelphia Municipal Court Judge shall also advise the 23 plaintiff of the existence of programs for victims of domestic 24 violence in the county or in nearby counties and inform the 25 plaintiff of the availability of legal assistance without cost 26 if the plaintiff is unable to pay for them. 27 § 6111. Domestic violence counselor/advocate. 28 A domestic violence counselor/advocate may accompany a party 29 to a hearing under this chapter. 30 § 6112. Disclosure of addresses. 19890H1023B1165 - 105 -
1 During the course of a proceeding under this chapter, the 2 court, district justice, Philadelphia Municipal Court Judge or 3 bail commissioner may consider whether the plaintiff or 4 plaintiff's family is endangered by disclosure of the permanent 5 or temporary address of the plaintiff or minor children. Neither 6 in the pleadings nor during proceedings or hearings under this 7 chapter shall the court, district justice, Philadelphia 8 Municipal Court Judge or bail commissioner require disclosure of 9 the address of a domestic violence program. 10 § 6113. Arrest for violation of order. 11 (a) General rule.--An arrest for violation of an order 12 issued pursuant to this chapter may be without warrant upon 13 probable cause whether or not the violation is committed in the 14 presence of the police officer. The police officer may verify, 15 if necessary, the existence of a protection order by telephone 16 or radio communication with the appropriate police department, 17 county registry or issuing authority. 18 (b) Seizure of weapons.--Subsequent to an arrest, the police 19 officer shall seize all weapons used or threatened to be used 20 during the violation of the protection order or during prior 21 incidents of abuse. As soon as it is reasonably possible, the 22 arresting officer shall deliver the confiscated weapons to the 23 office of the sheriff. The sheriff shall maintain possession of 24 the weapons until the court issues an order specifying the 25 weapons to be relinquished and the persons to whom the weapons 26 shall be relinquished. 27 (c) Procedure following arrest.--Subsequent to an arrest, 28 the defendant shall be taken by the police officer without 29 unnecessary delay before the court in the judicial district 30 where the contempt is alleged to have occurred. When that court 19890H1023B1165 - 106 -
1 is unavailable, the police officer shall convey the defendant to 2 a district justice designated as appropriate by local rules of 3 court, the Philadelphia Municipal Court or designated bail 4 commissioner. 5 (d) Preliminary arraignment.--The defendant shall be 6 afforded a preliminary arraignment without unnecessary delay. 7 (e) Other emergency powers unaffected.--This section shall 8 not be construed to in any way limit any of the other powers for 9 emergency relief provided in this chapter. 10 (f) Hearing.--A hearing on a charge or allegation of 11 indirect criminal contempt shall not preclude a hearing on other 12 criminal charges underlying the contempt, nor shall a hearing on 13 other criminal charges preclude a hearing on a charge of 14 indirect criminal contempt. 15 (g) Notice.--Notice shall be given to the defendant, in 16 orders issued pursuant to section 6108 (relating to relief), of 17 the possible ramifications of resumption of residence in the 18 family domicile contrary to court order. Resumption of co- 19 residence on the part of the plaintiff and defendant shall not 20 nullify the provisions of the court order directing the 21 defendant to refrain from abusing the plaintiff or minor 22 children. 23 § 6114. Contempt for violation of order or agreement. 24 (a) General rule.--Upon violation of a protection order 25 issued under this chapter or a court-approved consent agreement, 26 the court may hold the defendant in indirect criminal contempt 27 and punish the defendant in accordance with law. 28 (b) Trial and punishment.--A sentence for contempt under 29 this chapter may include imprisonment up to six months or a fine 30 not to exceed $1,000, or both, and may include other relief set 19890H1023B1165 - 107 -
1 forth in this chapter. The defendant shall not have a right to a 2 jury trial on such a charge; however, the defendant shall be 3 entitled to counsel. 4 § 6115. Reporting abuse and immunity. 5 (a) Reporting.--A person having reasonable cause to believe 6 that a person is being abused may report the information to the 7 local police department. 8 (b) Contents of report.--The report should contain the name 9 and address of the abused person, information regarding the 10 nature and extent of the abuse and information which the 11 reporter believes may be helpful to prevent further abuse. 12 (c) Immunity.--A person who makes a report shall be immune 13 from a civil or criminal liability on account of the report 14 unless the person acted in bad faith or with malicious purpose. 15 § 6116. Confidentiality. 16 Unless a victim waives the privilege in a signed writing 17 prior to testimony or disclosure, a domestic violence 18 counselor/advocate shall not be competent nor permitted to 19 testify or to otherwise disclose confidential communications 20 made to or by the counselor/advocate by or to a victim. The 21 privilege shall terminate upon the death of the victim. Neither 22 the domestic violence counselor/advocate nor the victim shall 23 waive the privilege of confidential communications by reporting 24 facts of physical or sexual assault under Chapter 63 (relating 25 to child protective services), a Federal or State mandatory 26 reporting statute; or a local mandatory reporting ordinance. 27 § 6117. Procedure and other remedies. 28 Unless otherwise indicated in this chapter, a proceeding 29 under this chapter shall be in accordance with applicable 30 general rules and shall be in addition to any other available 19890H1023B1165 - 108 -
1 civil or criminal remedies. 2 CHAPTER 63 3 CHILD PROTECTIVE SERVICES 4 Subchapter 5 A. Preliminary Provisions 6 B. Reporting Suspected Child Abuse 7 C. Powers and Duties of Department 8 D. Organization and Responsibilities of Child Protective 9 Service 10 E. Miscellaneous Provisions 11 SUBCHAPTER A 12 PRELIMINARY PROVISIONS 13 Sec. 14 6301. Short title of chapter. 15 6302. Finding and purpose of chapter. 16 6303. Definitions. 17 § 6301. Short title of chapter. 18 This chapter shall be known and may be cited as the Child 19 Protective Services Law. 20 § 6302. Finding and purpose of chapter. 21 (a) Finding.--Abused children are in urgent need of an 22 effective child protective service to prevent them from 23 suffering further injury and impairment. 24 (b) Purpose.--It is the purpose of this chapter to encourage 25 more complete reporting of suspected child abuse and to 26 establish in each county a child protective service capable of 27 investigating such reports swiftly and competently, providing 28 protection for children from further abuse and providing 29 rehabilitative services for children and parents involved so as 30 to ensure the well-being of the child and to preserve and 19890H1023B1165 - 109 -
1 stabilize family life wherever appropriate. 2 (c) Effect on rights of parents.--This chapter does not 3 restrict the generally recognized existing rights of parents to 4 use reasonable supervision and control when raising their 5 children. 6 § 6303. Definitions. 7 The following words and phrases when used in this chapter 8 shall have the meanings given to them in this section unless the 9 context clearly indicates otherwise: 10 "Child abuse." Serious physical or mental injury which is 11 not explained by the available medical history as being 12 accidental, sexual abuse, sexual exploitation or serious 13 physical neglect of a child under 18 years of age if the injury, 14 abuse or neglect has been caused by the acts or omissions of the 15 child's parents or by a person responsible for the child's 16 welfare, or any individual residing in the same home as the 17 child, or a paramour of the child's parent. No child shall be 18 deemed to be physically or mentally abused for the sole reason 19 the child is in good faith being furnished treatment by 20 spiritual means through prayer alone in accordance with the 21 tenets and practices of a recognized church or religious 22 denomination by an accredited practitioner thereof or is not 23 provided specified medical treatment in the practice of 24 religious beliefs, or solely on the grounds of environmental 25 factors which are beyond the control of the person responsible 26 for the welfare of the child such as inadequate housing, 27 furnishings, income, clothing and medical care. 28 "Child-care services." Child day-care centers, group and 29 family day-care homes, foster homes, adoptive parents, boarding 30 homes for children, juvenile detention center services or 19890H1023B1165 - 110 -
1 programs for delinquent or dependent children; mental health, 2 mental retardation and drug and alcohol services for children; 3 and any other child-care services which are provided by or 4 subject to approval, licensure, registration or certification by 5 the department or a county social services agency or which are 6 provided pursuant to a contract with these departments or a 7 county social services agency. The term does not include such 8 services or programs which may be offered by public and private 9 schools, intermediate units or area vocational-technical 10 schools. 11 "Child protective service." That section of each county 12 children and youth social service agency required to be 13 established by section 6361 (relating to organization of child 14 protective service). 15 "Cooperation with an investigation." Includes, but is not 16 limited to, a school or school district which permits authorized 17 personnel from the department or child protection services to 18 interview a student while the student is in attendance at 19 school. 20 "Department." The Department of Public Welfare of the 21 Commonwealth. 22 "Expunge." To strike out or obliterate entirely so that the 23 expunged information may not be stored, identified or later 24 recovered by any mechanical or electronic means or otherwise. 25 "Family members." Spouses, parents and children or other 26 persons related by consanguinity or affinity. 27 "Founded report." A report made pursuant to this chapter if 28 there has been any judicial adjudication based on a finding that 29 a child who is a subject of the report has been abused. 30 "Indicated report." A report made pursuant to this chapter 19890H1023B1165 - 111 -
1 if an investigation by the child protective service determines 2 that substantial evidence of the alleged abuse exists based on 3 any of the following: 4 (1) Available medical evidence. 5 (2) The child protective service investigation. 6 (3) An admission of the acts of abuse by the parent of 7 the child or person responsible for the welfare of the child. 8 "Secretary." The Secretary of Public Welfare of the 9 Commonwealth. 10 "Sexual abuse." The obscene or pornographic photographing, 11 filming or depiction of children for commercial purposes or the 12 rape, molestation, incest, prostitution or other forms of sexual 13 exploitation of children under circumstances which indicate that 14 the child's health or welfare is harmed or threatened thereby, 15 as determined in accordance with regulations of the department. 16 "Subject of the report." Any child reported to the central 17 register of child abuse and a parent, guardian or other 18 responsible person also named in the report. 19 "Under investigation." A report pursuant to this chapter 20 which is being investigated to determine whether it is 21 "founded," "indicated" or "unfounded." 22 "Unfounded report." Any report made pursuant to this chapter 23 unless the report is a "founded report" or unless an 24 investigation by the appropriate child protective service 25 determines that the report is an "indicated report." 26 SUBCHAPTER B 27 REPORTING SUSPECTED CHILD ABUSE 28 Sec. 29 6311. Persons required to report suspected child abuse. 30 6312. Persons permitted to report suspected child abuse. 19890H1023B1165 - 112 -
1 6313. Reporting procedure. 2 6314. Photographs and X-rays of child subject to report. 3 6315. Taking child into protective custody. 4 6316. Admission to private and public hospitals. 5 6317. Reporting and postmortem investigation of deaths. 6 6318. Immunity from liability. 7 6319. Penalties for failure to report. 8 § 6311. Persons required to report suspected child abuse. 9 (a) General rule.--Persons who, in the course of their 10 employment, occupation or practice of their profession, come 11 into contact with children shall report or cause a report to be 12 made in accordance with section 6313 (relating to reporting 13 procedure) when they have reason to believe, on the basis of 14 their medical, professional or other training and experience, 15 that a child coming before them in their professional or 16 official capacity is an abused child. The privileged 17 communication between any professional person required to report 18 and the patient or client of that person shall not apply to 19 situations involving child abuse and shall not constitute 20 grounds for failure to report as required by this chapter. 21 (b) Enumeration of persons required to report.--Persons 22 required to report under subsection (a) include, but are not 23 limited to, any licensed physician, osteopath, medical examiner, 24 coroner, funeral director, dentist, optometrist, chiropractor, 25 podiatrist, intern, registered nurse, licensed practical nurse, 26 hospital personnel engaged in the admission, examination, care 27 or treatment of persons, a Christian Science practitioner, 28 school administrator, school teacher, school nurse, social 29 services worker, day-care center worker or any other child-care 30 or foster-care worker, mental health professional, peace officer 19890H1023B1165 - 113 -
1 or law enforcement official. 2 (c) Staff members of institutions, etc.--Whenever a person 3 is required to report under subsection (b) in the capacity as a 4 member of the staff of a medical or other public or private 5 institution, school, facility or agency, that person shall 6 immediately notify the person in charge of the institution, 7 school, facility or agency or the designated agent of the person 8 in charge. Upon notification, the person in charge or the 9 designated agent, if any, shall assume the responsibility and 10 have the legal obligation to report or cause a report to be made 11 in accordance with section 6313. This chapter does not require 12 more than one report from any such institution, school, facility 13 or agency. 14 (d) Civil action for discrimination against person filing 15 report.--Any person who, under this section, is required to 16 report or cause a report of suspected child abuse to be made and 17 who, in good faith, makes or causes the report to be made and, 18 as a result thereof, is discharged from his employment or in any 19 other manner is discriminated against with respect to 20 compensation, hire, tenure, terms, conditions or privileges of 21 employment, may commence an action in the court of common pleas 22 of the county in which the alleged unlawful discharge or 23 discrimination occurred for appropriate relief. If the court 24 finds that the person is an individual who, under this section, 25 is required to report or cause a report of suspected child abuse 26 to be made and who, in good faith, made or caused to be made a 27 report of suspected child abuse and, as a result thereof, was 28 discharged or discriminated against with respect to 29 compensation, hire, tenure, terms, conditions or privileges of 30 employment, it may issue an order granting appropriate relief, 19890H1023B1165 - 114 -
1 including but not limited to reinstatement with back pay. The 2 department may intervene in any action commenced under this 3 subsection. 4 § 6312. Persons permitted to report suspected child abuse. 5 In addition to those persons and officials required to report 6 suspected child abuse, any person may make such a report if that 7 person has reasonable cause to suspect that a child is an abused 8 child. 9 § 6313. Reporting procedure. 10 (a) General rule.--Reports from persons required to report 11 under section 6311 (relating to persons required to report 12 suspected child abuse) shall be made immediately by telephone 13 and in writing within 48 hours after the oral report. 14 (b) Oral reports.--Oral reports shall be made to the 15 department pursuant to Subchapter C (relating to powers and 16 duties of department) and may be made to the appropriate child 17 protective service. When oral reports of suspected child abuse 18 are initially received at the child protective service, the 19 child protective service shall, after seeing to the immediate 20 safety of the child and other children in the home, immediately 21 notify the department of the receipt of the report, which is to 22 be held in the pending complaint file as provided in Subchapter 23 C. The initial child abuse report summary shall be supplemented 24 with a written report when a determination is made as to whether 25 a report of suspected child abuse is a founded report, an 26 unfounded report or an indicated report. 27 (c) Written reports.--Written reports from persons required 28 to report under section 6311 shall be made to the appropriate 29 child protective service in a manner and on forms the department 30 prescribes by regulation. The written reports shall include the 19890H1023B1165 - 115 -
1 following information if available: 2 (1) The names and addresses of the child and the parents 3 or other person responsible for the care of the child if 4 known. 5 (2) Where the suspected abuse occurred. 6 (3) The age and sex of the child. 7 (4) The nature and extent of the suspected child abuse 8 including any evidence of prior abuse to the child or 9 siblings of the child. 10 (5) The name of the person or persons responsible for 11 causing the suspected abuse if known. 12 (6) Family composition. 13 (7) The relationship of the suspected perpetrator to the 14 child. 15 (8) The source of the report. 16 (9) The person making the report and where that person 17 can be reached. 18 (10) The actions taken by the reporting source including 19 the taking of photographs and X-rays, removal or keeping of 20 the child or notifying the medical examiner or coroner. 21 (11) Any other information which the department may 22 require by regulation. 23 (d) Failure to confirm oral report.--The failure of a person 24 reporting cases of suspected child abuse to confirm an oral 25 report in writing within 48 hours shall not relieve the child 26 protective service from any duties prescribed by this chapter. 27 In such event, the child protective service shall proceed as if 28 a written report were actually made. 29 § 6314. Photographs and X-rays of child subject to report. 30 A person or official required to report cases of suspected 19890H1023B1165 - 116 -
1 child abuse may take or cause to be taken photographs of the 2 areas of trauma visible on a child who is subject to a report 3 and, if medically indicated, cause to be performed a 4 radiological examination on the child. Medical summaries or 5 reports of the photographs or X-rays taken shall be sent to the 6 child protective service at the time the written report is sent 7 or as soon thereafter as possible. Child protective services 8 shall have access to the actual photographs and X-rays and may 9 obtain them or duplicates of them upon request. 10 § 6315. Taking child into protective custody. 11 (a) General rule.--A child may be taken into protective 12 custody: 13 (1) As provided by 42 Pa.C.S. § 6324 (relating to taking 14 into custody). 15 (2) By a physician examining or treating the child or by 16 the director, or a person specifically designated in writing 17 by the director, of any hospital or other medical institution 18 where the child is being treated if protective custody is 19 immediately necessary to protect the child from further 20 serious physical injury, sexual abuse or serious physical 21 neglect. 22 (b) Duration of custody.--No child may be held in protective 23 custody for more than 24 hours unless the appropriate child 24 protective service is immediately notified that the child has 25 been taken into custody and the child protective service obtains 26 an order from a court of competent jurisdiction permitting the 27 child to be held in custody for a longer period. Each court 28 shall insure that a judge is available 24 hours a day, 365 days 29 a year to accept and decide the actions brought by a child 30 protective service under this subsection within the 24-hour 19890H1023B1165 - 117 -
1 period. 2 (c) Notice of custody.--An individual taking a child into 3 protective custody under this chapter shall immediately, and 4 within 24 hours in writing, notify the parent, guardian or other 5 custodian of the child of the whereabouts of the child and the 6 reasons for the need to take the child into protective custody 7 and shall immediately notify the appropriate child protective 8 service in order that proceedings under 42 Pa.C.S. Ch. 63 9 (relating to juvenile matters) may be initiated, if appropriate. 10 (d) Detention hearing.--In no case shall protective custody 11 under this chapter be maintained longer than 72 hours without a 12 detention hearing. If at the detention hearing it is determined 13 that protective custody shall be continued, the child protective 14 service shall within 48 hours file a petition with the court 15 under 42 Pa.C.S. Ch. 63. 16 (e) Place of detention.--No child taken into protective 17 custody under this chapter may be detained during the protective 18 custody except in an appropriate medical facility, foster home 19 or other appropriate facility approved by the department for 20 this purpose. 21 (f) Conference with parent or other custodian.--A conference 22 between the parent, guardian or other custodian of the child 23 taken into temporary protective custody pursuant to this section 24 and the case worker designated by the child protection service 25 to be responsible for the child shall be held within 48 hours of 26 the time that the child is taken into custody for the purpose 27 of: 28 (1) Explaining to the parent, guardian or other 29 custodian the reasons for the temporary detention of the 30 child and the whereabouts of the child. 19890H1023B1165 - 118 -
1 (2) Expediting, wherever possible, the return of the 2 child to the custody of the parent, guardian or other 3 custodian where custody is no longer necessary. 4 § 6316. Admission to private and public hospitals. 5 (a) General rule.--Children appearing to suffer any physical 6 or mental trauma which may constitute child abuse shall be 7 admitted to and treated in appropriate facilities of private and 8 public hospitals on the basis of medical need and shall not be 9 refused or deprived in any way of proper medical treatment and 10 care. 11 (b) Failure of hospital to admit child.--The failure of a 12 hospital to admit and properly treat and care for a child 13 pursuant to subsection (a) shall be cause for the department to 14 order immediate admittance, treatment and care by the hospital 15 which shall be enforceable, if necessary, by the prompt 16 institution of a civil action by the department. The child, 17 through an attorney, shall also have the additional and 18 independent right to seek immediate injunctive relief and 19 institute an appropriate civil action for damages against the 20 hospital. 21 § 6317. Reporting and postmortem investigation of deaths. 22 A person or official required to report cases of suspected 23 child abuse, including employees of a county children and youth 24 social service agency and its child protective service, who has 25 reasonable cause to suspect that a child died as a result of 26 child abuse shall report that fact to the coroner. The coroner 27 shall accept the report for investigation and shall report his 28 finding to the police, the district attorney, the appropriate 29 child protective service and, if the report is made by a 30 hospital, the hospital. 19890H1023B1165 - 119 -
1 § 6318. Immunity from liability. 2 (a) General rule.--A person, hospital, institution, school, 3 facility or agency participating in good faith in the making of 4 a report, cooperating with an investigation or testifying in a 5 proceeding arising out of an instance of suspected child abuse, 6 the taking of photographs or the removal or keeping of a child 7 pursuant to section 6315 (relating to taking child into 8 protective custody) shall have immunity from any civil or 9 criminal liability that might otherwise result by reason of 10 those actions. 11 (b) Presumption of good faith.--For the purpose of any civil 12 or criminal proceeding, the good faith of a person required to 13 report pursuant to section 6311 (relating to persons required to 14 report suspected child abuse) shall be presumed. 15 § 6319. Penalties for failure to report. 16 A person or official required by this chapter to report a 17 case of suspected child abuse who willfully fails to do so 18 commits a summary offense for the first violation and a 19 misdemeanor of the third degree for a second or subsequent 20 violation. 21 SUBCHAPTER C 22 POWERS AND DUTIES OF DEPARTMENT 23 Sec. 24 6331. Establishment of pending complaint file and Statewide 25 central register. 26 6332. Establishment of Statewide toll-free telephone number. 27 6333. Continuous availability of department. 28 6334. Disposition of complaints received. 29 6335. Information in pending complaint file. 30 6336. Information in Statewide central register. 19890H1023B1165 - 120 -
1 6337. Disposition of unfounded reports. 2 6338. Disposition of founded and indicated reports. 3 6339. Confidentiality of reports. 4 6340. Release of information in confidential reports. 5 6341. Amendment, sealing or expungement of information. 6 6342. Studies of data in records. 7 6343. Investigating performance of child protective service. 8 6344. Information relating to prospective child-care 9 personnel. 10 6345. Audits by Attorney General. 11 6346. Cooperation of other agencies. 12 6347. Annual reports to Governor and General Assembly. 13 6348. Regulations. 14 6349. Penalties. 15 § 6331. Establishment of pending complaint file and Statewide 16 central register. 17 There shall be established in the department: 18 (1) A pending complaint file of child abuse reports 19 under investigation. 20 (2) A Statewide central register of child abuse which 21 shall consist of founded and indicated reports of child 22 abuse. 23 § 6332. Establishment of Statewide toll-free telephone number. 24 (a) General rule.--The department shall establish a single 25 Statewide toll-free telephone number that all persons, whether 26 mandated by law or not, may use to report cases of suspected 27 child abuse. A child protective service may use the Statewide 28 toll-free telephone number for determining the existence of 29 prior founded or indicated reports of child abuse in the 30 Statewide central register or reports under investigation in the 19890H1023B1165 - 121 -
1 pending complaint file. 2 (b) Limitation on use.--A child protective service may only 3 request and receive information pursuant to this subsection 4 either on its own behalf because it has received a report of 5 suspected child abuse or on behalf of a physician examining or 6 treating a child or on behalf of the director or a person 7 specifically designated in writing by the director of any 8 hospital or other medical institution where a child is being 9 treated, where the physician or the director or a person 10 specifically designated in writing by the director suspects the 11 child of being an abused child. 12 § 6333. Continuous availability of department. 13 The department shall be capable of receiving oral reports of 14 child abuse made pursuant to this chapter and report summaries 15 of child abuse from child protective services and shall be 16 capable of immediately identifying prior reports of child abuse 17 in the Statewide central register and reports under 18 investigation in the pending complaint file and of monitoring 19 the provision of child protective services 24 hours a day, seven 20 days a week. 21 § 6334. Disposition of complaints received. 22 (a) Notice to child protective service.--Upon receipt of a 23 complaint of suspected child abuse, the department shall 24 immediately transmit orally to the appropriate child protective 25 service notice that the complaint of suspected child abuse has 26 been received and the substance of the complaint. If the 27 Statewide central register or the pending complaint file 28 contains information indicating a prior report or a current 29 investigation concerning a subject of the report, the department 30 shall immediately notify the appropriate child protective 19890H1023B1165 - 122 -
1 service of this fact. 2 (b) Referral for services or investigation.--If the 3 complaint received does not suggest suspected child abuse but 4 does suggest a need for social services or other services or 5 investigation, the department shall transmit the information to 6 the county children and youth social service agency or other 7 public agency for appropriate action. The information shall not 8 be considered a child abuse report unless the agency to which 9 the information was referred has reason to believe after 10 investigation that abuse occurred. If the agency has reason to 11 believe that abuse occurred, the agency shall notify the 12 department, and the initial complaint shall be considered to 13 have been a child abuse report. 14 (c) Recording in pending complaint file.--Upon receipt of a 15 complaint of suspected child abuse, the department shall 16 maintain a record of the complaint of suspected child abuse in 17 the pending complaint file. 18 § 6335. Information in pending complaint file. 19 (a) Information authorized.--No information other than that 20 permitted to be retained in the Statewide central register in 21 section 6336 (relating to information in Statewide central 22 register) shall be retained in the pending complaint file or 23 otherwise by the department. 24 (b) Access to information.--Except as provided in sections 25 6332 (relating to establishment of Statewide toll-free telephone 26 number), 6334 (relating to disposition of complaints received), 27 6340 (relating to release of information in confidential 28 reports) and 6342 (relating to studies of data in records), no 29 person, other than an employee of the department in the course 30 of official duties in connection with the responsibilities of 19890H1023B1165 - 123 -
1 the department under this chapter, shall at any time have access 2 to any information in the pending complaint file or Statewide 3 central register. 4 § 6336. Information in Statewide central register. 5 (a) Information authorized.--The Statewide central register 6 shall include and shall be limited to the following information: 7 (1) The names, Social Security numbers, age and sex of 8 the subjects of the reports. 9 (2) The date or dates and the nature and extent of the 10 alleged instances of suspected child abuse. 11 (3) The home addresses of the subjects of the report. 12 (4) The county in which the suspected abuse occurred. 13 (5) Family composition. 14 (6) The name and relationship to the abused child of the 15 person or persons responsible for causing the abuse. 16 (7) The source of the report. 17 (8) Services planned or provided. 18 (9) Whether the report is a founded report or an 19 indicated report. 20 (10) The progress of any legal proceedings brought on 21 the basis of the report of suspected child abuse. 22 No information other than that permitted in this subsection 23 shall be retained in the Statewide central register, the pending 24 complaint file or otherwise by the department. 25 (b) Type of information released.--Except as provided in 26 sections 6334 (relating to disposition of complaints received), 27 6335 (relating to information in pending complaint file), 6340 28 (relating to release of information in confidential reports) and 29 6342 (relating to studies of data in records), persons receiving 30 information from the Statewide central register or pending 19890H1023B1165 - 124 -
1 complaint file may be informed only as to: 2 (1) Whether the report is a founded or indicated abuse 3 or is under investigation. 4 (2) The number of founded and indicated reports. 5 (3) The nature and extent of the alleged or actual 6 instances of suspected child abuse. 7 (4) The county in which the reports are investigated. 8 (c) Limitation on release of information.--Except as 9 provided in sections 6334, 6335, 6340 and 6342, no information 10 shall be released from the Statewide central register or pending 11 complaint file unless pursuant to section 6332 (relating to 12 establishment of Statewide toll-free telephone number) and 13 unless the department has positively identified the 14 representative of the child protective service requesting the 15 information and the department has inquired into and is 16 satisfied that the representative has a legitimate need, within 17 the scope of official duties and the provisions of section 6332, 18 to obtain the information. Information in the Statewide central 19 register or pending complaint file shall not be released for any 20 purpose or to any individual not specified in section 6340. 21 § 6337. Disposition of unfounded reports. 22 (a) General rule.--When a report of suspected child abuse is 23 determined by the appropriate child protective service to be an 24 unfounded report, the information concerning that report of 25 suspected child abuse shall be expunged from the pending 26 complaint file within 12 months of the date the report was 27 received by the department, and no information other than that 28 authorized by subsection (b), which shall not include any 29 identifying information on any subject of the report, shall be 30 retained by the department. 19890H1023B1165 - 125 -
1 (b) Absence of other determination.--If an investigation of 2 a report of suspected child abuse conducted by the appropriate 3 child protective service pursuant to this chapter does not 4 determine within 60 days of the date of the initial report of 5 the instance of suspected child abuse that the report is an 6 indicated report or an unfounded report, or unless within that 7 same 60-day period court action has been initiated and is 8 responsible for the delay, the report shall be considered to be 9 an unfounded report, and all information identifying the 10 subjects of the report shall be expunged within 12 months. The 11 agency shall advise the department that court action has been 12 initiated so that the pending complaint file is kept current 13 regarding the status of all legal proceedings and expungement 14 delayed. Nothing in this subsection shall in any way limit the 15 powers and duties of the department as provided in section 6343 16 (relating to investigating performance of child protective 17 service). 18 (c) Expungement of information.--All information identifying 19 the subjects of any report of suspected child abuse determined 20 to be an unfounded report shall be expunged from the pending 21 complaint file within 12 months of the date the report was 22 received by the department. The expungement shall be mandated 23 and guaranteed by the department. 24 § 6338. Disposition of founded and indicated reports. 25 (a) General rule.--When a report of suspected child abuse is 26 determined by the appropriate child protective service to be a 27 founded report or an indicated report, the information 28 concerning that report of suspected child abuse shall be 29 expunged immediately from the pending complaint file, and an 30 appropriate entry shall be made in the Statewide central 19890H1023B1165 - 126 -
1 register. Notice of the determination must be given to the 2 subjects of the report, other than the abused child, along with 3 an explanation of the implications of the determination. Notice 4 given to subjects of the report shall include notice that their 5 ability to obtain employment in a child-care facility or program 6 may be adversely affected by entry of the report in the 7 Statewide central register. The notice shall also inform the 8 subject of the report of his right, at any time, to request the 9 secretary to amend, seal or expunge information contained in the 10 Statewide central register and his right to a hearing if the 11 request is denied. 12 (b) Expungement of information when child attains 18 years 13 of age.--All information identifying the subjects of all 14 indicated reports and all information identifying the subject 15 child of all founded reports shall be expunged when the subject 16 child reaches the age of 18 years, unless another report is 17 received involving the same child, his sibling or offspring, or 18 another child in the care of the persons responsible for the 19 subject child's welfare. The identifying information may then be 20 maintained in the register for five years after the subsequent 21 case or report is closed. The expungement shall be mandated and 22 guaranteed by the department. 23 § 6339. Confidentiality of reports. 24 Except as otherwise provided in this subchapter, reports made 25 pursuant to this chapter including, but not limited to, report 26 summaries of child abuse and written reports made pursuant to 27 section 6313(b) and (c) (relating to reporting procedure) as 28 well as any other information obtained, reports written or 29 photographs or X-rays taken concerning alleged instances of 30 child abuse in the possession of the department, a county 19890H1023B1165 - 127 -
1 children and youth social service agency or a child protective 2 service shall be confidential. 3 § 6340. Release of information in confidential reports. 4 (a) General rule.--Reports specified in section 6339 5 (relating to confidentiality of reports) shall only be made 6 available to: 7 (1) An authorized official of a child protective service 8 in the course of official duties, multidisciplinary team 9 members assigned to the case and duly authorized persons 10 providing services pursuant to section 6370(a) (relating to 11 services for protection of child at home or in custody). 12 (2) A physician examining or treating a child or the 13 director or a person specifically designated in writing by 14 the director of any hospital or other medical institution 15 where a child is being treated when the physician or the 16 director or the designee of the director suspect the child of 17 being an abused child. 18 (3) A guardian ad litem for the child. 19 (4) An authorized official or agent of the department in 20 accordance with department regulations or in accordance with 21 the conduct of a performance audit as authorized by section 22 6343 (relating to investigating performance of child 23 protective service). 24 (5) A court of competent jurisdiction pursuant to a 25 court order. 26 (6) A standing committee of the General Assembly, as 27 specified in section 6384 (relating to legislative 28 oversight). 29 (7) The Attorney General. 30 (8) Federal auditors if required for Federal financial 19890H1023B1165 - 128 -
1 participation in funding of agencies except that Federal 2 auditors may not have access to identifiable reports. 3 (9) Law enforcement officials in the course of 4 investigating cases of: 5 (i) Homicide, sexual abuse, sexual exploitation or 6 serious bodily injury perpetrated by persons whether or 7 not related to the victim. 8 (ii) Child abuse perpetrated by persons who are not 9 family members. 10 (iii) Repeated physical injury to a child under 11 circumstances which indicate that the child's health or 12 welfare is harmed or threatened. 13 (10) Law enforcement officials who shall receive reports 14 of abuse in which the initial review gives evidence that the 15 abuse is homicide, sexual abuse, sexual exploitation or 16 serious bodily injury perpetrated by persons whether or not 17 related to the victim, or child abuse perpetrated by persons 18 who are not family members. Reports referred to law 19 enforcement officials shall be on forms provided by and 20 according to regulations promulgated by the department. 21 (11) County commissioners, to whom the department shall 22 forward specific files upon request, for review when 23 investigating the competence of county children and youth 24 employees. 25 (12) A mandated reporter of child abuse as defined in 26 section 6311 (relating to persons required to report 27 suspected child abuse) who made a report of abuse involving 28 the subject child, but the information permitted to be 29 released to the mandated reporter shall be limited to the 30 following: 19890H1023B1165 - 129 -
1 (i) The final status of the report following the 2 investigation, whether it be indicated, founded or 3 unfounded. 4 (ii) Any services provided, arranged for or to be 5 provided by the child protective service to protect the 6 child from further abuse. 7 (b) Release of information to subject child.--At any time 8 and upon written request, a subject of a report may receive a 9 copy of all information, except that prohibited from being 10 disclosed by subsection (c), contained in the Statewide central 11 register or in any report filed pursuant to section 6313 12 (relating to reporting procedure). 13 (c) Protecting identity of person making report.--The 14 release of data that would identify the person who made a report 15 of suspected child abuse or the person who cooperated in a 16 subsequent investigation is prohibited unless the secretary 17 finds that the release will not be detrimental to the safety of 18 that person. 19 (d) Definition.--As used in this section, "serious bodily 20 injury" means bodily injury which creates a substantial risk of 21 death or which causes serious permanent disfigurement or 22 protracted loss or impairment of the function of any bodily 23 member or organ. 24 § 6341. Amendment, sealing or expungement of information. 25 (a) General rule.--At any time: 26 (1) The secretary may amend, seal or expunge any record 27 upon good cause shown and notice to the appropriate subjects 28 of the report. 29 (2) A subject of a report may request the secretary to 30 amend, seal or expunge information contained in the Statewide 19890H1023B1165 - 130 -
1 central register on the grounds that it is inaccurate or it 2 is being maintained in a manner inconsistent with this 3 chapter. 4 (b) Review of grant of request.--If the secretary grants the 5 request under subsection (a)(2), the Statewide central register, 6 appropriate child protective service agency and all subjects 7 shall be so advised within seven days from the date of the 8 decision. The child protective service agency and any subject 9 have 45 days in which to file an appeal with the secretary. If 10 an appeal is received, the secretary or his designated agent 11 shall schedule a hearing pursuant to Article IV of the act of 12 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, 13 and attending departmental regulations. If no appeal is received 14 within the designated time period, the Statewide central 15 register shall comply with the decision of the secretary and 16 advise the child protective service agency to amend, seal or 17 expunge the information in their records so that the records are 18 consistent at both the State and local levels. 19 (c) Review of refusal of request.--If the secretary refuses 20 the request under subsection (a)(2) or does not act within a 21 reasonable time, but in no event later than 30 days after 22 receipt of the request, the subject shall have the right to a 23 hearing before the secretary or a designated agent of the 24 secretary to determine whether the summary in the Statewide 25 central register or the contents of any report filed pursuant to 26 section 6313 should be amended, sealed or expunged on the 27 grounds that it is inaccurate or that it is being maintained in 28 a manner inconsistent with this chapter. The appropriate child 29 protective service shall be given notice of the hearing. The 30 burden of proof in the hearing shall be on the appropriate child 19890H1023B1165 - 131 -
1 protective service. The department shall assist the child 2 protective service as necessary. In the hearings, the fact that 3 there was a court finding of child abuse shall be presumptive 4 evidence that the report was substantiated. 5 (d) Order.--The secretary or designated agent may make any 6 appropriate order respecting the amendment or expungement of 7 such records to make them accurate or consistent with the 8 requirements of this chapter. 9 (e) Notice of expungement.--Written notice of an expungement 10 of any record, made pursuant to the provisions of this chapter, 11 shall be served upon the subject of the record who was 12 responsible for the abuse and the appropriate child protective 13 service. The latter, upon receipt of the notice, shall take 14 appropriate, similar action in regard to the local child abuse 15 records and inform, for the same purpose, the appropriate 16 coroner if that officer has received reports pursuant to section 17 6367 (relating to reports to department and coroner). Whenever 18 the investigation reveals that the report is unfounded but that 19 the subjects need services and voluntarily accept services, the 20 county children and youth social service agency may retain those 21 portions of its records which do not specifically identify the 22 source of the investigation or report as suspected child abuse. 23 (f) Access to sealed record.--Once sealed, a record shall 24 not be otherwise available except as provided in section 6342 25 (relating to studies of data in records) or except if the 26 secretary, upon notice to the subjects of the report, gives 27 personal approval for an appropriate reason. 28 § 6342. Studies of data in records. 29 The department may conduct or authorize the conducting of 30 studies of the data contained in the pending complaint file and 19890H1023B1165 - 132 -
1 the Statewide central register and county agencies and 2 distribute the results of the studies. No study may contain the 3 name or other information by which a subject of a report could 4 be identified. The department may allow Federal auditors access 5 to nonidentifiable duplicates of reports in the pending 6 complaint file and the Statewide central register if required 7 for Federal financial participation in funding of agencies. 8 § 6343. Investigating performance of child protective service. 9 (a) General rule.--If within 30 days from the date of an 10 initial report of suspected child abuse the appropriate child 11 protective service has not properly investigated the report and 12 informed the department that the report is an indicated report 13 or an unfounded report, or unless within that same 30-day period 14 the report is determined to be a founded report, the department 15 shall immediately begin an inquiry into the performance of the 16 child protective service which inquiry may include a performance 17 audit of the child protective service as provided in subsection 18 (b). On the basis of that inquiry, the department shall take 19 appropriate action to require that the provisions of this 20 chapter be strictly followed, which action may include, without 21 limitation, the institution of appropriate legal action and the 22 withholding of reimbursement for all or part of the activities 23 of the county children and youth social service agency. 24 (b) Performance audit.--Notwithstanding any other provision 25 of this chapter, the secretary or a designee of the secretary 26 may direct, at their discretion, a performance audit of any 27 activity engaged in pursuant to this chapter. 28 § 6344. Information relating to prospective child-care 29 personnel. 30 (a) Applicability.--This section applies to all prospective 19890H1023B1165 - 133 -
1 employees of child-care services, prospective foster parents, 2 prospective adoptive parents, prospective self-employed family 3 day-care providers and other persons seeking to provide child- 4 care services under contract with a child-care facility or 5 program. This section does not apply to administrative or other 6 support personnel unless their duties will involve direct 7 contact with children. 8 (b) Information submitted by prospective employees.-- 9 Administrators of child-care services shall require applicants 10 to submit with their applications the following information 11 obtained within the preceding one-year period: 12 (1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal 13 history record information), a report of criminal history 14 record information from the Pennsylvania State Police or a 15 statement from the Pennsylvania State Police that the State 16 Police central repository contains no such information 17 relating to that person. The criminal history record 18 information shall be limited to that which is disseminated 19 pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general 20 regulations). 21 (2) A certification from the department as to whether 22 the applicant is named in the central register as the 23 perpetrator of a founded or indicated report of child abuse. 24 An indicated report shall not be included until the 25 department adopts regulations specifying the manner in which 26 the investigation required by sections 6366 (relating to 27 continuous availability to receive reports) through 6372 28 (relating to protecting well-being of children detained 29 outside home) is to be conducted. 30 (3) Where the applicant is not a resident of this 19890H1023B1165 - 134 -
1 Commonwealth, administrators shall require the applicant to 2 submit with the application for employment a report of 3 Federal criminal history record information pursuant to the 4 Federal Bureau of Investigation appropriation of the 5 Department of Justice Appropriation Act of 1973 (Public Law 6 92-544, 86 Stat. 1116), and the department shall be the 7 intermediary for the purposes of this section. 8 For the purposes of this subsection, an applicant may submit a 9 copy of the required information with an application for 10 employment. Administrators shall maintain a copy of the required 11 information and shall require applicants to produce the original 12 document prior to employment. 13 (c) Grounds for denying employment.--In no case shall an 14 administrator hire an applicant where the department has 15 verified that the applicant is named in the central register as 16 the perpetrator of a founded report of child abuse committed 17 within the five-year period immediately preceding verification 18 pursuant to this section. In no case shall an administrator hire 19 an applicant if the applicant's criminal history record 20 information indicates the applicant has been convicted, within 21 five years immediately preceding the date of the report, of one 22 or more of the following offenses under Title 18 (relating to 23 crimes and offenses): 24 Chapter 25 (relating to criminal homicide). 25 Section 2702 (relating to aggravated assault). 26 Section 2901 (relating to kidnapping). 27 Section 2902 (relating to unlawful restraint). 28 Section 3121 (relating to rape). 29 Section 3122 (relating to statutory rape). 30 Section 3123 (relating to involuntary deviate sexual 19890H1023B1165 - 135 -
1 intercourse). 2 Section 3126 (relating to indecent assault). 3 Section 3127 (relating to indecent exposure). 4 Section 4303 (relating to concealing death of child born 5 out of wedlock). 6 Section 4304 (relating to endangering welfare of 7 children). 8 Section 4305 (relating to dealing in infant children). 9 A felony offense under section 5902(b) (relating to 10 prostitution and related offenses). 11 Section 5903(c) or (d) (relating to obscene and other 12 sexual materials). 13 Section 6301 (relating to corruption of minors). 14 Section 6312 (relating to sexual abuse of children). 15 (d) Prospective adoptive or foster parents.--With regard to 16 prospective adoptive or prospective foster parents, the 17 following shall apply: 18 (1) In the course of causing an investigation to be made 19 pursuant to section 2535(a) (relating to investigation), an 20 agency or person designated by the court to conduct the 21 investigation shall require prospective adoptive parents to 22 submit the information set forth in subsection (b)(1) and (2) 23 for review in accordance with this section. 24 (2) In the course of approving a prospective foster 25 parent, a foster family care agency shall require prospective 26 foster parents to submit the information set forth in 27 subsection (b)(1) and (2) for review by the foster family 28 care agency in accordance with this section. 29 (e) Self-employed family day-care providers.--Self-employed 30 family day-care providers who apply for a certificate of 19890H1023B1165 - 136 -
1 registration with the department shall submit with their 2 registration application a report of criminal history record 3 information and shall also obtain certification from the 4 department as to whether the applicant is named in the central 5 register as the perpetrator of a founded report of child abuse. 6 (f) Submissions by operators of child-care services.--The 7 department shall require persons seeking to operate child-care 8 services to submit the information set forth in subsection 9 (b)(1) and (2) for review in accordance with this section. 10 (g) Regulations.--The department shall promulgate the 11 regulations necessary to carry out this section. These 12 regulations shall: 13 (1) Set forth criteria for unsuitability for employment 14 in a child-care service in relation to criminal history 15 record information which may include criminal history record 16 information in addition to that set forth above. The criteria 17 shall be reasonably related to the prevention of child abuse. 18 (2) Set forth sanctions for administrators who willfully 19 hire applicants in violation of this section or in violation 20 of the regulations promulgated under this section. 21 (3) Provide for the confidentiality of information 22 obtained pursuant to subsection (b). 23 (h) Fees.--The department may charge a fee not to exceed $10 24 in order to conduct the certification as required in subsection 25 (b)(2). 26 (i) Time limit for certification.--The department shall 27 comply with certification requests no later than 14 days from 28 the receipt of the request. 29 (j) Voluntary certification of child caretakers.--The 30 department shall develop a procedure for the voluntary 19890H1023B1165 - 137 -
1 certification of child caretakers to allow persons to apply to 2 the department for a certificate indicating the person has met 3 the requirements of subsection (b). The department shall also 4 provide for the biennial recertification of child caretakers. 5 (k) Existing or transferred employees.--A person employed in 6 child-care services on January 1, 1986, shall not be required to 7 obtain the information required in subsection (b)(1) and (2) as 8 a condition of continued employment. A person who has once 9 obtained the information required under subsection (b)(1) and 10 (2) may transfer to another child-care service established and 11 supervised by the same organization and shall not be required to 12 obtain additional reports before making the transfer. 13 (l) Temporary employees under special programs.--The 14 requirements of this section do not apply to employees of child- 15 care services who meet all the following requirements: 16 (1) They are under 21 years of age. 17 (2) They are employed for periods of 90 days or less. 18 (3) They are a part of a job development or job training 19 program funded, in whole or in part, by public or private 20 sources. 21 Once employment of a person who meets these conditions extends 22 beyond 90 days, all requirements of this section shall take 23 effect. 24 (m) Provisional employees for limited periods.-- 25 Notwithstanding subsection (b), administrators may employ 26 applicants on a provisional basis for a single period not to 27 exceed 30 days or, for out-of-State applicants, a period of 90 28 days, if all of the following conditions are met: 29 (1) The applicant has applied for the information 30 required under subsection (b) and the applicant provides a 19890H1023B1165 - 138 -
1 copy of the appropriate completed request forms to the 2 administrator. 3 (2) The administrator has no knowledge of information 4 pertaining to the applicant which would disqualify him from 5 employment pursuant to subsection (c). 6 (3) The applicant swears or affirms in writing that he 7 is not disqualified from employment pursuant to subsection 8 (c). 9 (4) If the information obtained pursuant to subsection 10 (b) reveals that the applicant is disqualified from 11 employment pursuant to subsection (c), the applicant shall be 12 immediately dismissed by the administrator. 13 (5) The administrator requires that the applicant not be 14 permitted to work alone with children and that the applicant 15 work in the immediate vicinity of a permanent employee. 16 § 6345. Audits by Attorney General. 17 The Attorney General shall conduct a mandated audit done 18 randomly but at least once during each year on an unannounced 19 basis to ensure that the expungement requirements of this 20 chapter are being fully and properly conducted. 21 § 6346. Cooperation of other agencies. 22 The secretary may request and shall receive from Commonwealth 23 agencies, political subdivisions, an authorized agency or any 24 other agency providing services under the local child protective 25 services plan any assistance and data that will enable the 26 department and the child protective services to fulfill their 27 responsibilities properly, including law enforcement personnel 28 when assistance is needed in conducting an investigation of 29 alleged child abuse. School districts shall cooperate with the 30 department and the agency by providing them upon request with 19890H1023B1165 - 139 -
1 such information as is consistent with law. 2 § 6347. Annual reports to Governor and General Assembly. 3 No later than April 15 of every year, the secretary shall 4 prepare and transmit to the Governor and the General Assembly a 5 report on the operations of the central register of child abuse 6 and the various child protective services. The report shall 7 include a full statistical analysis of the reports of suspected 8 child abuse made to the department together with a report on the 9 implementation of this chapter and its total cost to the 10 Commonwealth, the evaluation of the secretary of services 11 offered under this chapter and recommendations for repeal or for 12 additional legislation to fulfill the purposes of this chapter. 13 All such recommendations should contain an estimate of increased 14 or decreased costs resulting therefrom. The report shall also 15 include an explanation of services provided to children who were 16 the subjects of founded or indicated reports of child abuse 17 while receiving child-care services. The department shall also 18 describe its actions in respect to the perpetrators of the 19 abuse. 20 § 6348. Regulations. 21 The department shall adopt regulations necessary to implement 22 this chapter. 23 § 6349. Penalties. 24 (a) Failure to amend or expunge information.-- 25 (1) A person or official authorized to keep the records 26 mentioned in section 6337 (relating to disposition of 27 unfounded reports) or 6338 (relating to disposition of 28 founded and indicated reports) who willfully fails to expunge 29 the information when required commits a summary offense for 30 the first violation and a misdemeanor of the third degree for 19890H1023B1165 - 140 -
1 a second or subsequent violation. 2 (2) A person who willfully fails to obey a final order 3 of the secretary or designated agent of the secretary to 4 amend or expunge the summary of the report in the Statewide 5 central register or the contents of any report filed pursuant 6 to section 6313 (relating to reporting procedure) commits a 7 summary offense. 8 (b) Unauthorized release of information.--A person who 9 willfully releases or permits the release of any data and 10 information contained in the pending complaint file, the 11 Statewide central register or the child welfare records required 12 by this chapter, including records maintained by any county 13 children and youth social service agency and any child 14 protective service, to persons or agencies not permitted by this 15 chapter commits a misdemeanor of the third degree. 16 (c) Noncompliance with child-care personnel regulations.--An 17 administrator, or other person responsible for employment 18 decisions in a child-care facility or program, who willfully 19 fails to comply with the provisions of section 6344 (relating to 20 information relating to prospective child-care personnel) 21 commits a violation of this chapter and shall be subject to a 22 civil penalty as provided in this subsection. The department 23 shall have jurisdiction to determine violations of section 6344 24 and may, following a hearing, assess a civil penalty not to 25 exceed $2,500. The civil penalty shall be payable to the 26 Commonwealth. 27 SUBCHAPTER D 28 ORGANIZATION AND RESPONSIBILITIES OF 29 CHILD PROTECTIVE SERVICE 30 Sec. 19890H1023B1165 - 141 -
1 6361. Organization of child protective service. 2 6362. Responsibilities of child protective service. 3 6363. Local plan for child protective services. 4 6364. Purchasing services of other agencies. 5 6365. Services for prevention and treatment of child abuse. 6 6366. Continuous availability to receive reports. 7 6367. Reports to department and coroner. 8 6368. Investigation of reports. 9 6369. Taking child into protective custody. 10 6370. Services for protection of child at home or in custody. 11 6371. Rehabilitative services for child and family. 12 6372. Protecting well-being of children detained outside home. 13 § 6361. Organization of child protective service. 14 (a) Establishment.--Unless the department finds it is 15 unfeasible, every county children and youth social service 16 agency shall establish a "Child Protective Service" within the 17 agency. The department may waive the requirement that a county 18 establish a separate child protective service upon a showing by 19 the county that: 20 (1) A separate child protective service: 21 (i) would not be conducive to the best interests of 22 all children within the county who need public child 23 welfare services; and 24 (ii) would not be feasible or economical. 25 (2) The goals and objectives of this chapter will 26 continue to be met if a waiver is granted. 27 If the department grants a waiver under this subsection, the 28 county shall be bound by all other provisions of this chapter, 29 including requirements concerning the maintenance and disclosure 30 of confidential information and records. 19890H1023B1165 - 142 -
1 (b) Staff and organization.--The child protective service 2 shall have a sufficient staff of sufficient qualifications to 3 fulfill the purposes of this chapter and be organized in such a 4 way as to maximize the continuity of responsibility, care and 5 services of individual workers toward individual children and 6 families. 7 (c) Functions authorized.--The child protective service 8 shall perform those functions assigned by this chapter to it and 9 only such others that would further the purposes of this 10 chapter. 11 § 6362. Responsibilities of child protective service. 12 (a) General rule.--The child protective service shall be the 13 sole civil agency responsible for receiving and investigating 14 all reports of child abuse made pursuant to this chapter 15 specifically including, but not limited to, reports of child 16 abuse in facilities operated by the department and other public 17 agencies, for the purpose of providing protective services to 18 prevent further abuses to children and to provide or arrange for 19 and monitor the provision of those services necessary to 20 safeguard and ensure the well-being and development of the child 21 and to preserve and stabilize family life wherever appropriate. 22 (b) Assumption of responsibility by department.--When the 23 suspected abuse has been committed by the county children and 24 youth social service agency or any of its agents or employees, 25 the department shall assume the role of the agency with regard 26 to the investigation and directly refer the child for services. 27 (c) Action by agencies for abuse by agents or employees.-- 28 Where suspected child abuse has occurred and an employee or 29 agent of the department or the county children and youth social 30 service agency or a private or public institution is a subject 19890H1023B1165 - 143 -
1 of the report, the department, agency or institution shall be 2 informed of the investigation so that it may take appropriate 3 action. 4 § 6363. Local plan for child protective services. 5 (a) General rule.--No later than once each year as required 6 by the department each county agency child protective service 7 shall prepare and submit a local plan for the provision of child 8 protective services. The local plan may be a component of a 9 county human service plan or a children and youth plan which may 10 be required by the act of June 13, 1967 (P.L.31, No.21), known 11 as the Public Welfare Code. 12 (b) Certification by department.--The department shall 13 certify whether or not the local plan fulfills the purposes of 14 and meets the requirements set forth in this chapter. If the 15 department certifies that the local plan does not do so, the 16 department shall state the reasons therefor and may withhold 17 reimbursement for all or part of the activities of the agency. 18 If the department finds that a proposed local plan does not meet 19 the requirements set forth in this chapter, the child protective 20 service shall revise the local plan in accordance with the 21 reasons of the department for disapproval. 22 § 6364. Purchasing services of other agencies. 23 Any other provision of law notwithstanding but consistent 24 with sections 6361 (relating to organization of child protective 25 service) and 6362 (relating to responsibilities of child 26 protective service), the county children and youth social 27 service agency, based upon the local plan of services as 28 provided in section 6363 (relating to local plan for child 29 protective services), may purchase and utilize the services of 30 any appropriate public or private agency. 19890H1023B1165 - 144 -
1 § 6365. Services for prevention and treatment of child abuse. 2 Each child protective service shall make available among its 3 services for the prevention and treatment of child abuse 4 multidisciplinary teams, instruction and education for 5 parenthood, protective and preventive social counseling, 6 emergency caretaker services, emergency shelter care, emergency 7 medical services and the establishment of groups organized by 8 former abusing parents to encourage self-reporting and self- 9 treatment of present abusers. 10 § 6366. Continuous availability to receive reports. 11 Each child protective service shall receive 24 hours a day, 12 seven days a week, all reports, both oral and written, of 13 suspected child abuse in accordance with this chapter, the local 14 plan for the provision of child protective services and the 15 regulations of the department. 16 § 6367. Reports to department and coroner. 17 (a) Reports to department.--Upon the receipt of each report 18 of suspected child abuse made pursuant to this chapter, the 19 child protective service shall immediately transmit a child 20 abuse report summary as provided in section 6313 (relating to 21 reporting procedure) to the department. Supplemental reports 22 shall be made at regular intervals thereafter in a manner and 23 form the department prescribes by regulation to the end that the 24 department is kept fully informed and up-to-date concerning the 25 status of reports of child abuse. 26 (b) Reports to coroner.--The child protective service shall 27 give telephone notice and forward immediately a copy of reports 28 made pursuant to this chapter which involve the death of a child 29 to the appropriate coroner pursuant to section 6317 (relating to 30 reporting and postmortem investigation of deaths). 19890H1023B1165 - 145 -
1 § 6368. Investigation of reports. 2 (a) General rule.--Upon receipt of each report of suspected 3 child abuse, the child protective service shall commence within 4 24 hours an appropriate investigation which shall include a 5 determination of the risk to the child or children if they 6 continue to remain in the existing home environment as well as a 7 determination of the nature, extent and cause of any condition 8 enumerated in the report and, after seeing to the safety of the 9 child or children, immediately notify the subjects of the report 10 in writing of the existence of the report and their rights 11 pursuant to this chapter in regard to amendment or expungement. 12 (b) Conditions outside home environment.--The investigation 13 shall determine whether the child is being harmed by factors 14 beyond the control of the parent or other person responsible for 15 the welfare of the child, and, if so determined, the child 16 protective service shall promptly take all available steps to 17 remedy and correct these conditions including but not limited to 18 the coordination of social services for the child and the 19 family. 20 (c) Limitation of actions.--The investigation shall be 21 completed within 30 days. The child protective service shall 22 determine, within 30 days, whether the report is "founded," 23 "indicated" or "unfounded." 24 § 6369. Taking child into protective custody. 25 Pursuant to the provisions of section 6315 (relating to 26 taking child into protective custody) and after court order, the 27 child protective service shall take a child into protective 28 custody for protection from further abuse. No child protective 29 service worker may enter the home of any individual for this 30 purpose without judicial authorization. 19890H1023B1165 - 146 -
1 § 6370. Services for protection of child at home or in custody. 2 (a) General rule.--Based on the investigation and evaluation 3 conducted pursuant to this chapter, the child protective service 4 shall provide or contract with private or public agencies for 5 the protection of the child at home whenever possible and those 6 services necessary for adequate care of the child when placed in 7 protective custody. Prior to offering these services to a 8 family, the agency shall explain that it has no legal authority 9 to compel the family to receive the services but may inform the 10 family of the obligations and authority of the child protective 11 service to initiate appropriate court proceedings. 12 (b) Initiation of court proceedings.--In those cases in 13 which an appropriate offer of service is refused and the child 14 protective service determines, or if the service for any other 15 appropriate reason determines, that the best interests of the 16 child require court action, the child protective service shall 17 initiate the appropriate court proceeding. The child protective 18 service shall assist the court during all stages of the court 19 proceeding in accordance with the purposes of this chapter. 20 § 6371. Rehabilitative services for child and family. 21 The child protective service shall provide or arrange for and 22 monitor rehabilitative services for children and their families 23 on a voluntary basis or under a final or intermediate order of 24 the court. 25 § 6372. Protecting well-being of children detained outside 26 home. 27 The child protective service shall be as equally vigilant of 28 the status, well-being and conditions under which a child is 29 living and being maintained in a facility other than that of a 30 parent, custodian or guardian from which the child has been 19890H1023B1165 - 147 -
1 removed as the service is of the conditions in the dwelling of 2 the parent, custodian or guardian. Where the child protective 3 service finds that the placement for any temporary or permanent 4 custody, care or treatment is for any reason inappropriate or 5 harmful to the physical or mental well-being of the child, it 6 shall take immediate steps to remedy these conditions including 7 petitioning the court. 8 SUBCHAPTER E 9 MISCELLANEOUS PROVISIONS 10 Sec. 11 6381. Evidence in court proceedings. 12 6382. Guardian ad litem for child in court proceedings. 13 6383. Education and training. 14 6384. Legislative oversight. 15 § 6381. Evidence in court proceedings. 16 (a) General rule.--In addition to the rules of evidence 17 provided under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), 18 the rules of evidence in this section shall govern in child 19 abuse proceedings in court. 20 (b) Reports of unavailable persons.--Whenever a person 21 required to report under this chapter is unavailable due to 22 death or removal from the jurisdiction of the court, the written 23 report of that person shall be admissible in evidence in any 24 proceedings arising out of child abuse other than proceedings 25 under Title 18 (relating to crimes and offenses). Any hearsay 26 contained in the reports shall be given such weight, if any, as 27 the court determines to be appropriate under all of the 28 circumstances. However, any hearsay contained in a written 29 report shall not of itself be sufficient to support an 30 adjudication based on abuse. 19890H1023B1165 - 148 -
1 (c) Privileged communications.--Except for privileged 2 communications between a lawyer and a client and between a 3 minister and a penitent, a privilege of confidential 4 communication between husband and wife or between any 5 professional person, including, but not limited to, physicians, 6 psychologists, counselors, employees of hospitals, clinics, day- 7 care centers and schools and their patients or clients, shall 8 not constitute grounds for excluding evidence at any proceeding 9 regarding child abuse or the cause of child abuse. 10 (d) Prima facie evidence of abuse.--Evidence that a child 11 has suffered serious physical injury, sexual abuse or serious 12 physical neglect of such a nature as would ordinarily not be 13 sustained or exist except by reason of the acts or omissions of 14 the parent or other person responsible for the welfare of the 15 child shall be prima facie evidence of child abuse by the parent 16 or other person responsible for the welfare of the child. 17 § 6382. Guardian ad litem for child in court proceedings. 18 (a) Appointment.--When a proceeding has been initiated 19 alleging child abuse, the court shall appoint a guardian ad 20 litem for the child. The guardian ad litem shall be an attorney 21 at law. 22 (b) Powers and duties.--The guardian ad litem shall be given 23 access to all reports relevant to the case and to any reports of 24 examination of the parents or other custodian of the child 25 pursuant to this chapter. The guardian ad litem shall be charged 26 with the representation of the best interests of the child at 27 every stage of the proceeding and shall make such further 28 investigation necessary to ascertain the facts, interview 29 witnesses, examine and cross-examine witnesses, make 30 recommendations to the court and participate further in the 19890H1023B1165 - 149 -
1 proceedings to the degree appropriate for adequately 2 representing the child. 3 (c) Duty of court.--The court shall, upon consideration of 4 the petition of any attorney for the child, order a local child 5 protective service or other agency to establish and implement, 6 fully and promptly, appropriate services, treatment and plans 7 for a child found in need of them. The court shall also, upon 8 consideration of the petition of an attorney for the child, 9 terminate or alter the conditions of any temporary or permanent 10 placement of a child. 11 § 6383. Education and training. 12 The department and each child protective service, both 13 jointly and individually, shall conduct a continuing publicity 14 and education program for the citizens of this Commonwealth 15 aimed at the prevention of child abuse, the identification of 16 abused children and the provision of necessary ameliorative 17 services to abused children and their families. In addition, the 18 department and each child protective service shall conduct an 19 ongoing training and education program for local staff, persons 20 required to make reports and other appropriate persons in order 21 to familiarize those persons with the reporting and 22 investigative procedures for cases of suspected child abuse and 23 the rehabilitative services that are available to children and 24 families. 25 § 6384. Legislative oversight. 26 A committee of the Senate designated by the President pro 27 tempore of the Senate and a committee of the House of 28 Representatives designated by the Speaker of the House of 29 Representatives, either jointly or separately, shall review the 30 manner in which this chapter has been administered at the State 19890H1023B1165 - 150 -
1 and local level for the following purposes: 2 (1) Providing information that will aid the General 3 Assembly in its oversight responsibilities. 4 (2) Enabling the General Assembly to determine whether 5 the programs and services mandated by this chapter are 6 effectively meeting the goals of this chapter. 7 (3) Assisting the General Assembly in measuring the 8 costs and benefits of this program and the effects and side- 9 effects of mandated program services. 10 (4) Permitting the General Assembly to determine whether 11 the confidentiality of records mandated by this chapter is 12 being maintained at the State and local level. 13 (5) Providing information that will permit State and 14 local program administrators to be held accountable for the 15 administration of the programs mandated by this chapter. 16 Section 3. Amendments to Title 18.--Section 2711(d) of Title 17 18 is amended to read: 18 § 2711. Probable cause arrests in domestic violence cases. 19 * * * 20 (d) Notice of rights.-- 21 Upon responding to a domestic violence case, the police 22 officer shall, orally or in writing, notify the victim of the 23 availability of a shelter, including its telephone number, or 24 other services in the community. Said notice shall include 25 the following statement: "If you are the victim of domestic 26 violence, you have the right to go to court and file a 27 petition requesting an order for protection from domestic 28 abuse pursuant to [the act of October 7, 1976 (P.L.1090, 29 No.218), known as the Protection From Abuse Act,] 23 Pa.C.S. 30 Ch. 61 (relating to protection from abuse) which could 19890H1023B1165 - 151 -
1 include the following: 2 (1) An order restraining the abuser from further 3 acts of abuse. 4 (2) An order directing the abuser to leave your 5 household. 6 (3) An order preventing the abuser from entering 7 your residence, school, business or place of employment. 8 (4) An order awarding you or the other parent 9 temporary custody of or temporary visitation with your 10 child or children. 11 (5) An order directing the abuser to pay support to 12 you and the minor children if the abuser has a legal 13 obligation to do so." 14 Section 4. Amendments to Title 42.--Sections 1725.1(c), 15 4136, 5924, 5945, 7541(c) and 8127 of Title 42 are amended and 16 the title is amended by adding a section to read: 17 § 1725.1. Costs. 18 * * * 19 (c) Unclassified costs or charges.--The costs to be charged 20 by the minor judiciary in the following instances not readily 21 classifiable shall be as follows: 22 (1) Entering transcript of judgment from another member 23 of the minor judiciary................................ $ 3.00 24 (2) Marrying each couple, making record thereof, and 25 certificate to the parties............................ $10.00 26 (3) Granting emergency relief pursuant to [the act of 27 October 7, 1976 (P.L.1090, No.218), known as the "Protection 28 From Abuse Act"] 23 Pa.C.S. Ch. 61 (relating to protection 29 from abuse)........................................... $10.00 30 (4) Issuing a search warrant (except as provided in 19890H1023B1165 - 152 -
1 subsection (d))....................................... $10.00 2 (5) Any other issuance not otherwise provided for in 3 this subsection....................................... $10.00 4 * * * 5 § 4136. Rights of persons charged with certain indirect 6 criminal contempts. 7 (a) General rule.--A person charged with indirect criminal 8 contempt for violation of a restraining order or injunction 9 issued by a court shall enjoy: 10 (1) The rights to bail that are accorded to persons 11 accused of crime. 12 (2) The right to be notified of the accusation and a 13 reasonable time to make a defense, if the alleged contempt is 14 not committed in the immediate view or presence of the court. 15 (3) (i) Upon demand, the right to a speedy and public 16 trial by an impartial jury of the judicial district 17 wherein the contempt is alleged to have been committed. 18 (ii) The requirement of subparagraph (i) shall not 19 be construed to apply to contempts: 20 (A) [committed] Committed in the presence of the 21 court or so near thereto as to interfere directly 22 with the administration of justice, or to apply to 23 the misbehavior, misconduct, or disobedience of any 24 officer of the court in respect to the writs, orders, 25 or process of the court[; or]. 26 (B) Subject to 23 Pa.C.S. § 6110 (relating to 27 contempt for violation of order or agreement). 28 [(B) subject] (C) Subject to 75 Pa.C.S. § 29 4108(c) (relating to nonjury criminal contempt 30 proceedings). 19890H1023B1165 - 153 -
1 (4) The right to file with the court a demand for the 2 withdrawal of the judge sitting in the proceeding, if the 3 alleged contempt arises from an attack upon the character or 4 conduct of such judge, and if the attack occurred otherwise 5 than in open court. Upon the filing of any such demand, the 6 judge shall thereupon proceed no further but another judge 7 shall be designated by the court. The demand shall be filed 8 prior to the hearing in the contempt proceeding. 9 (b) Punishment.--Except as otherwise provided in this title 10 or by statute hereafter enacted, punishment for a contempt 11 specified in subsection (a) may be by fine not exceeding $100 or 12 by imprisonment not exceeding 15 days in the jail of the county 13 where the court is sitting, or both, in the discretion of the 14 court. Where a person is committed to jail for the nonpayment of 15 such a fine, he shall be discharged at the expiration of 15 16 days, but where he is also committed for a definite time, the 15 17 days shall be computed from the expiration of the definite time. 18 § 5924. Spouses as witnesses against each other. 19 (a) General rule.--In a civil matter neither husband nor 20 wife shall be competent or permitted to testify against each 21 other. 22 (b) Exception.--Subsection (a) shall not apply in an action 23 or proceeding: 24 (1) For divorce, including ancillary proceedings for the 25 partition or division of property. 26 (2) For support or relating to the protection or 27 recovery of marital or separate property. 28 (3) For custody or care of children, including actions 29 or proceedings relating to visitation rights and similar 30 matters. 19890H1023B1165 - 154 -
1 (4) Arising under [the act of October 7, 1976 (P.L.1090, 2 No.218), known as the "Protection From Abuse Act."] 23 3 Pa.C.S. Ch. 61 (relating to protection from abuse). 4 (5) When a statute heretofore or hereafter enacted 5 applicable to the action or proceeding provides either 6 expressly or by necessary implication that spouses may 7 testify therein against each other. 8 § 5945. Confidential communications to school personnel. 9 (a) General rule.--No guidance counselor, school nurse, 10 school psychologist, or home and school visitor in the public 11 schools or in private or parochial schools or other educational 12 institutions providing elementary or secondary education, 13 including any clerical worker of such schools and institutions, 14 who, while in the course of his professional or clerical duties 15 for a guidance counselor, home and school visitor, school nurse 16 or school psychologist, has acquired information from a student 17 in confidence shall be compelled or allowed: 18 (1) without the consent of the student, if the student 19 is 18 years of age or over; or 20 (2) without the consent of his parent or guardian, if 21 the student is under the age of 18 years; 22 to disclose such information in any legal proceeding, trial, or 23 investigation before any government unit. 24 (b) Exemption.--Notwithstanding subsection (a), no such 25 person shall be excused or prevented from complying with [the 26 act of November 26, 1975 (P.L.438, No.124), known as the "Child 27 Protective Services Law."] 23 Pa.C.S. Ch. 63 (relating to child 28 protective services). 29 § 5948. Confidential communications to qualified professionals. 30 Communications of a confidential character made by a spouse 19890H1023B1165 - 155 -
1 to a qualified professional as defined in 23 Pa.C.S. § 3103 2 (relating to definitions) shall be privileged and inadmissible 3 in evidence in any matter under 23 Pa.C.S. Pt. IV (relating to 4 divorce) or VI (relating to children and minors) unless the 5 party concerned waives this privilege. 6 § 7541. Construction of subchapter. 7 * * * 8 (c) Exceptions.--Relief shall not be available under this 9 subchapter with respect to any: 10 (1) Action wherein a divorce or annulment of marriage is 11 sought except as provided by 23 Pa.C.S. § 3306 (relating to 12 proceedings to determine marital status). 13 (2) Proceeding within the exclusive jurisdiction of a 14 tribunal other than a court. 15 (3) Proceeding involving an appeal from an order of a 16 tribunal. 17 § 8127. Personal earnings exempt from process. 18 The wages, salaries and commissions of individuals shall 19 while in the hands of the employer be exempt from any 20 attachment, execution or other process except upon an action or 21 proceeding: 22 (1) Under 23 Pa.C.S. Pt. IV (relating to divorce). 23 [(1)] (2) For support. 24 [(2)] (3) For board for four weeks or less. 25 [(3)] (4) Under the act of August 7, 1963 (P.L.549, 26 No.290), referred to as the Pennsylvania Higher Education 27 Assistance Agency Act. 28 Section 5. Construction of Divorce Code.--The provisions of 29 23 Pa.C.S. Pt. IV (relating to divorce) shall apply to all 30 cases, whether the cause for divorce or annulment arose prior or 19890H1023B1165 - 156 -
1 subsequent to the enactment of this act. The provisions of 23 2 Pa.C.S. Pt. IV shall not affect any suit or action pending on 3 the effective date of the Divorce Code of 1980, but the suit or 4 action may be proceeded with and concluded either under the laws 5 in existence when the suit or action was instituted, 6 notwithstanding the repeal of such laws, or, upon application 7 granted, under the provisions of 23 Pa.C.S. Pt. IV. The 8 provisions of 23 Pa.C.S. Pt. IV shall not apply to any case in 9 which a decree has been rendered prior to the effective date of 10 the Divorce Code of 1980. The provisions of 23 Pa.C.S. Pt. IV 11 shall not affect any marital agreement executed prior to the 12 effective date of the Divorce Code of 1980 or any amendment or 13 modification thereto. 14 Section 6. Repeals.--(a) The following acts and parts of 15 acts are repealed: 16 Act of March 13, 1815 (P.L.150, No.109), entitled "An act 17 concerning divorces." 18 Act of April 11, 1848 (P.L.536, No.372), entitled "A 19 supplement to an act, entitled 'An Act relative to the Le 20 Raysville Phalanx,' passed March, Anno Domini one thousand eight 21 hundred and forty-seven, and relative to obligors and obligees, 22 to secure the right of married women, in relation to 23 defalcation, and to extend the boundaries of the borough of 24 Ligonier." 25 Act of April 15, 1851 (P.L.669, No.358), entitled "An act to 26 incorporate a company to erect a bridge over the river 27 Schuylkill at Spring Mill, in Montgomery county, relative to the 28 nineteenth section of 'An act regulating certain election 29 districts, &c,' approved March twenty-ninth, eighteen hundred 30 and fifty-one, to school directors in Philadelphia county, to 19890H1023B1165 - 157 -
1 actions for damages sustained by injuries done to the person by 2 negligence or default, relative to the accounts of John Humes, 3 deceased, to authorize the trustees of the Seventh Presbyterian 4 church of Philadelphia to convey certain real estate, to 5 security for moneys loaned by wives to husbands, to unpaid 6 school taxes in Bradford county, and relative to service or 7 process on agents of joint stock companies." 8 Act of May 14, 1857 (P.L.507, No.567), entitled "An act to 9 Legitimate Children Born out of Lawful Wedlock." 10 Act of April 21, 1858 (P.L.413, No.444), entitled "An act 11 relating to Illegitimate Children." 12 Act of March 22, 1865 (P.L.30, No.14), entitled, as amended, 13 "An act to authorize minor husbands and wives, seventeen years 14 of age and older, to join in conveyances of their adult spouses' 15 real estate, and to validate such conveyances heretofore made." 16 Act of April 6, 1868 (P.L.67, No.31), entitled "An act to 17 validate certain marriages and legitimatize the issue thereof." 18 Act of June 2, 1871 (P.L.283, No.263), entitled "An act to 19 authorize married women owning capital stock of any railroad 20 company to sell and transfer the same." 21 Act of April 3, 1872 (P.L.35, No.24), entitled "An act 22 securing to married women their separate earnings." 23 Act of April 1, 1874 (P.L.49, No.9), entitled "An act to 24 authorize married women owning loans of this commonwealth, or of 25 the city of Philadelphia, or capital stock of any corporation of 26 this commonwealth, to sell and transfer the same." 27 Act of May 15, 1874 (P.L.179, No.110), entitled "An act to 28 prevent traffic in children." 29 Act of June 26, 1895 (P.L.316, No.232), entitled "An act 30 relating to husband and wife who are the parents of minor 19890H1023B1165 - 158 -
1 children, enlarging and extending the power, control and 2 authority of the mother over their minor children, under certain 3 circumstances." 4 Act of June 11, 1913 (P.L.468, No.313), entitled "An act to 5 provide for the execution of orders of the court of quarter 6 sessions, or other court of competent jurisdiction, for support 7 and maintenance of a wife or children, or both, and for the 8 execution of judgment entered upon contracts for such support 9 and maintenance, by subjecting estates owned by the husband and 10 wife by entireties, and the rents, issues and profits thereof, 11 to such executions; defining the title of the purchaser at the 12 sheriff's sale on such executions; and providing for the 13 application of the proceeds of such sales." 14 Act of April 18, 1919 (P.L.67, No.52), entitled "An act to 15 give to women, married and single, the same right as men to be 16 corporators, and, in furtherance of their interests as 17 stockholders, to serve as directors and officers of corporations 18 for profit." 19 Act of May 24, 1923 (P.L.446, No.238), entitled "An act 20 authorizing the sale of real estate held by entireties by 21 husband and wife when an order of support has been secured 22 against the husband who has neglected to comply with the same, 23 or whose whereabouts is unknown, or who has absented himself 24 from this Commonwealth; prescribing the procedure to be 25 followed; permitting husband and wife to testify; providing for 26 the disposition of the proceeds of such sale; and granting a 27 divorced woman the same rights under this act as a wife. 28 Act of April 11, 1927 (P.L.181, No.151), entitled "An act 29 authorizing a married woman, granted a divorce from bed and 30 board, to convey and encumber her real estate, without the 19890H1023B1165 - 159 -
1 joinder of her husband." 2 Act of May 10, 1927 (P.L.884, No.451), entitled, as amended, 3 "An act modifying the common-law rule relating to property 4 hereafter acquired by husband and wife as tenants by entireties, 5 where such husband and wife are subsequently divorced; creating 6 a tenancy in common in such cases; providing for the sale of 7 property held by husband and wife as tenants by entireties where 8 they have been divorced; and directing the distribution of the 9 proceeds of such sale." 10 Act of June 22, 1935 (P.L.450, No.189), entitled "An act to 11 promote public morals; abolishing civil causes of action for 12 alienation of affections, except in certain cases, and breach of 13 promise to marry; making it unlawful to file, cause to be filed, 14 threaten to file, or threaten to cause to be filed any such 15 action; fixing a time for the commencement of such causes of 16 action heretofore accrued; declaring void all future contracts 17 in settlement of such actions; making it unlawful to induce the 18 execution of such a contract or payment thereunder or 19 institution of suit thereon; and providing penalties." 20 Act of May 13, 1949 (P.L.1319, No.390), entitled "An act 21 authorizing the conveyance of the interest of either former 22 spouse after a divorce to the other without the joinder of the 23 other, of such former spouse's interest in real estate which is 24 held by them as tenants by the entireties, and validating such 25 conveyances formerly made." 26 Act of August 22, 1953 (P.L.1344, No.383), known as The 27 Marriage Law. 28 Act of December 17, 1959 (P.L.1916, No.695), entitled "An act 29 relating to the legitimacy of children born of void or voidable 30 marriages." 19890H1023B1165 - 160 -
1 Act of August 7, 1961 (P.L.961, No.426), entitled "An act 2 authorizing minor spouses to join their adult spouse in the 3 conveyance or mortgaging of their real estate and to execute 4 bonds or other obligations in connection therewith and 5 validating such action taken." 6 Act of July 27, 1967 (P.L.186, No.58), entitled "An act 7 imposing liability upon parents for personal injury, or theft, 8 destruction, or loss of property caused by the wilful, tortious 9 acts of children under eighteen years of age, setting forth 10 limitations, and providing procedure for recovery." 11 Act of June 16, 1972 (P.L.472, No.151), entitled "An act 12 authorizing persons eighteen years of age and older to enter 13 into contracts." 14 Act of December 6, 1972 (P.L.1404, No.300), entitled "An act 15 making a person eighteen and older an adult for the purpose of 16 suing and being sued." 17 Act of November 26, 1975 (P.L.438, No.124), known as the 18 Child Protective Services Law. 19 Act of October 7, 1976 (P.L.1090, No.218), known as the 20 Protection From Abuse Act. 21 Act of April 2, 1980 (P.L.63, No.26), known as the Divorce 22 Code. 23 Act of May 24, 1984 (P.L.326, No.64), known as the 24 Pennsylvania Adoption Cooperative Exchange Act. 25 42 Pa.C.S. Ch. 53, Subch. C (relating to child custody 26 jurisdiction). 27 42 Pa.C.S. Ch. 61, Subch. C (relating to blood tests to 28 determine paternity). 29 (b) Nothing in this act shall repeal, modify or supplant 30 section 7 of the act of February 12, 1988 (P.L.66, No.13), 19890H1023B1165 - 161 -
1 entitled "An act amending the act of April 2, 1980 (P.L.63, 2 No.26), entitled 'An act consolidating, revising and amending 3 the divorce and annulment laws of the Commonwealth and making 4 certain repeals,' further providing for grounds for divorce, 5 enforcement of foreign decrees, procedure, jurisdiction, marital 6 property, relief and alimony; providing for agreements between 7 parties; making editorial changes; and making a repeal." 8 (c) All other acts and parts of acts are repealed insofar as 9 they are inconsistent with this act. 10 Section 7. Effective date.--This act shall take effect in 90 11 days. A19L23DGS/19890H1023B1165 - 162 -