PRINTER'S NO. 1180
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1125
Session of
2023
INTRODUCED BY KEEFER, TOPPER, HAMM, KAUFFMAN, GALLOWAY, ROWE,
ZIMMERMAN, LEADBETER AND SCIALABBA, MAY 5, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MAY 5, 2023
AN ACT
Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in child protective services, further providing for
definitions; and, in juvenile matters, further providing for
definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6303(b.1) of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 6303. Definitions.
* * *
(b.1) Child abuse.--The term "child abuse" shall mean
intentionally, knowingly or recklessly doing any of the
following:
* * *
(11) Causing a child to be born with fetal alcohol
spectrum disorder or to test positive at birth for a
controlled substance for which the biological mother did not,
during the pregnancy, have a valid prescription or a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
certification under section 403 of the act of April 17, 2016
(P.L.84, No.16), known as the Medical Marijuana Act.
* * *
Section 2. The definition of "dependent child" in section
6302 of Title 42 is amended to read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Dependent child." A child who:
(1) is without proper parental care or control,
subsistence, education as required by law, or other care or
control necessary for his physical, mental, or emotional
health, or morals. A determination that there is a lack of
proper parental care or control may be based upon evidence of
conduct by the parent, guardian or other custodian that
places the health, safety or welfare of the child at risk,
including evidence of the parent's, guardian's or other
custodian's use of alcohol or a controlled substance that
places the health, safety or welfare of the child at risk;
(2) has been placed for care or adoption in violation of
law;
(3) has been abandoned by his parents, guardian, or
other custodian;
(4) is without a parent, guardian, or legal custodian;
(5) while subject to compulsory school attendance is
habitually and without justification truant from school;
(6) has committed a specific act or acts of habitual
disobedience of the reasonable and lawful commands of his
20230HB1125PN1180 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
parent, guardian or other custodian and who is ungovernable
and found to be in need of care, treatment or supervision;
(7) has committed a delinquent act or crime, other than
a summary offense, while under the age of ten years;
(8) has been formerly adjudicated dependent, and is
under the jurisdiction of the court, subject to its
conditions or placements and who commits an act which is
defined as ungovernable in paragraph (6);
(9) has been referred pursuant to section 6323 (relating
to informal adjustment), and who commits an act which is
defined as ungovernable in paragraph (6); [or]
(10) is born to a parent whose parental rights with
regard to another child have been involuntarily terminated
under 23 Pa.C.S. § 2511 (relating to grounds for involuntary
termination) within three years immediately preceding the
date of birth of the child and conduct of the parent poses a
risk to the health, safety or welfare of the child[.]; or
(11) is born with fetal alcohol spectrum disorder or
tests positive at birth for a controlled substance for which
the biological mother did not, during the pregnancy, have a
valid prescription or a certification under section 403 of
the act of April 17, 2016 (P.L.84, No.16), known as the
Medical Marijuana Act.
* * *
Section 3. This act shall take effect in 60 days.
20230HB1125PN1180 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25