PRIOR PRINTER'S NOS. 2497, 3373
PRINTER'S NO. 3481
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1962
Session of
2024
INTRODUCED BY PARKER, HANBIDGE, MADDEN, KINSEY, KHAN, PROBST,
PIELLI, CEPEDA-FREYTIZ, HILL-EVANS, SANCHEZ, KAZEEM, CERRATO,
KRAJEWSKI, MAYES, GREEN, OTTEN, WEBSTER, FLEMING AND MADSEN,
JANUARY 31, 2024
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 2, 2024
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in support matters generally, further
providing for assistance recipients to seek support, for
cooperation required and for enforcement of cooperation
requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4378(a) of Title 23 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 4378. Assistance recipients to seek support.
(a) Seeking support required.--[Prior] Except as provided
under subsection (a.1), prior to authorization, every applicant
for assistance whose circumstances include the reported absence
of a legally responsible relative from the household or the
presence of a putative father shall appear before the domestic
relations section or other applicable division of the court of
common pleas. Upon the request of a family court or domestic
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relations section, the secretary is authorized to waive the
requirement of personal appearance before a family court or
domestic relations section if another procedure would be as
efficient and effective. Subject to Federal approval, only when
necessary, assistance shall not be authorized by the department
until it has been certified that the applicant has cooperated in
determining paternity and enforcing support.
(a.1) Cooperation by nonparents of relative children.--
(1) Subject to Federal approval and , only when
necessary, an applicant for assistance who is a nonparent of
a relative child may choose whether to cooperate in seeking
and obtaining support payments for a relative child with
respect to whom the assistance is claimed.
(2) As used in this section, the following words and
phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Blood relative." The term includes an individual of
half-blood.
"Fifth degree of kinship." The fifth degree of kinship
includes a great-great grandparent, great-great-great
grandparent and other relationship prefixed by great, great-
great, grand or great-grand. The term does not include a
second cousin or more remote cousin.
"First cousin once removed." The child of an
individual's first cousin or the first cousin of an
individual's parent.
"Nonparent of a relative child." In relation to a
dependent child, a grandparent, step-grandparent or other
blood relative who is within the fifth degree of kinship to
the dependent child, including a first cousin once removed.
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* * *
Section 2. Sections 4379(1)(iv) and 4380(a) of Title 23 are
amended to read:
§ 4379. Cooperation required.
In accordance with a child support plan approved by the
Federal Government, the department shall have the power and its
duty shall be to:
(1) Require as a condition of eligibility for assistance
that an applicant or recipient :
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(iv) [Cooperate] Subject to section 4378(a.1),
cooperate in obtaining support payments for such
applicant or recipient and for a child with respect to
whom such assistance is claimed or in obtaining any other
payment or property due such applicant, recipient or such
child unless the department determines that the applicant
or recipient has good cause for failing to do so.
* * *
§ 4380. Enforcement of cooperation requirements.
(a) Cooperation required.--It is essential to the effective
and responsible utilization of assistance funds that applicants
and recipients who are caretakers of a child whose circumstances
include the reported absence of a legally responsible relative
from the household or presence of a putative father cooperate
fully with the department and the court or domestic relations
section in establishing paternity and in securing child support
payments and in all matters set forth in section 4379 (relating
to cooperation required), subject to section 4378(a.1) (relating
to assistance recipients to seek support) .
* * *
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Section 3. This act shall take effect in six months.
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