SB 844 — An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child custody, further providing for standing for any form of physical custody or legal custody, for standing for partial physical custody and supervised physical custody and for consideration of criminal conviction.

PRIOR PRINTER'S NO.

1133 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1375844 THE2017 GENERALINTRODUCED ASSEMBLYBY OFWHITE, PENNSYLVANIARAFFERTY, SENATEEICHELBERGER, BILLRESCHENTHALER, SessionFOLMER, YUDICHAK, STEFANO, YAW AND TARTAGLIONE, SEPTEMBER 6, 2017 REFERRED TO JUDICIARY, SEPTEMBER 6, 2017 AN ACT Amending Title 23 (Domestic Relations) of No.the Pennsylvania Consolidated Statutes, in child custody, further providing for standing for any form of physical custody or legal custody.

844 2017 INTRODUCED BY WHITE, RAFFERTY, EICHELBERGER, RESCHENTHALER, SEPTEMBER 6, 2017 STEFANO, YAW AND TARTAGLIONE, AS AMENDED ON THIRD CONSIDERATION, DECEMBER 11, 2017 AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child custody, further providing for standing for any form of physical custody or legal custody AND FOR STANDING FOR PARTIAL PHYSICAL CUSTODY AND <-- SUPERVISED PHYSICAL CUSTODY.

Section 5324 of Title 23 of the Pennsylvania Consolidated Statutes is amended by MAKING A SUBSECTION <-- DESIGNATION, ADDING A SUBSECTION AND adding a paragraph to read:

(A)The INDIVIDUALS.--The following individuals may file an <-- action under this chapter for any form of physical custody or legal custody:

* * * (4) If EXCEPT AS SET FORTH IN SUBSECTION (B), IF no <-- biological parent or adoptive parent of the A child has <-- custody of the child, an individual whowho: ESTABLISHES BY CLEAR <-- AND CONVINCING EVIDENCE THAT THE INDIVIDUAL:

(A) The THE financial support or assistance paid <-- by the individual for the benefit of the child.;child.

AND <-- (B) Whether WHETHER the individual has <-- previously stood in loco parentis to the child.

(B)Section EXCEPTIONS.--SUBSECTION2. (A)(4) DOES NOT APPLY TO ANY OF <-- THE FOLLOWING:

(1) INTERVENTION IN A DEPENDENCY PROCEEDING.

(2) AN ACTION BY A PARTY WHO HAS PARTICIPATED IN A DEPENDENCY PROCEEDING RELATING TO THE CHILD.

(3) A CHALLENGE TO THE PLACEMENT OF THE CHILD IN:

(I) FOSTER CARE;

OR (II) KINSHIP CARE.

(4) A CHALLENGE TO AN ORDER OF PERMANENT LEGAL CUSTODY UNDER 42 PA.C.S.

§ 6351(F.1)(3) OR (4) (RELATING TO DISPOSITION OF DEPENDENT CHILD).

SECTION 1.1.

SECTION 5325(2) OF TITLE 23 IS AMENDED TO READ:

§ 5325.

STANDING FOR PARTIAL PHYSICAL CUSTODY AND SUPERVISED PHYSICAL CUSTODY.

IN ADDITION TO SITUATIONS SET FORTH IN SECTION 5324 (RELATING TO STANDING FOR ANY FORM OF PHYSICAL CUSTODY OR LEGAL CUSTODY), GRANDPARENTS AND GREAT-GRANDPARENTS MAY FILE AN ACTION UNDER THIS CHAPTER FOR PARTIAL PHYSICAL CUSTODY OR SUPERVISED PHYSICAL 20170SB0844PN1375 - 2 - CUSTODY IN THE FOLLOWING SITUATIONS:

* * * (2) WHERE THE PARENTS OF THE CHILD [HAVE BEEN SEPARATED FOR A PERIOD OF AT LEAST SIX MONTHS OR]:

(I) HAVE COMMENCED [AND CONTINUED] A PROCEEDING [TO DISSOLVE THEIR MARRIAGE] FOR CUSTODY;

AND (II) DO NOT AGREE AS TO WHETHER THE GRANDPARENTS OR GREAT GRANDPARENTS SHOULD HAVE CUSTODY UNDER THIS SECTION;

OR * * * Section 2.

§ 5324(4) 5324(A)(4) <-- AND (B) shall apply to all custody proceedings irrespective of whether the proceeding was commenced before, on or after the effective date of this section.

20170SB0844PN137520170SB0844PN1133 - 32 -