PA
Pennsylvania Senate Bill SB55

Pennsylvania 2023-2024 Regular Session

Pennsylvania Senate Bill SB55

Introduced
10/11/23  
Refer
10/11/23  
Refer
12/12/23  
Report Pass
12/13/23  
Engrossed
12/13/23  
Refer
12/28/23  
Refer
3/20/24  
Report Pass
3/25/24  
Enrolled
4/10/24  
Chaptered
4/15/24  

Caption

In child custody, further providing for definitions, for award of custody, for factors to consider when awarding custody, for consideration of criminal conviction, for guardian ad litem for child, for counsel for child and for award of counsel fees, costs and expenses; and, in Administrative Office of Pennsylvania Courts, providing for child abuse and domestic abuse education and training program for judges and court personnel.

Impact

The bill’s enactment is expected to significantly influence state laws regarding child custody by standardizing legal terms and practices. It would align the legal framework more closely with contemporary views on the child's best interests, particularly when it comes to the implications of parental criminal histories. Additionally, the introduction of training programs for judicial personnel on child abuse and domestic abuse aims to promote a better understanding of these critical issues within the context of custody rulings. This, in turn, could improve outcomes for children who are caught in the midst of legal disputes.

Summary

SB55 aims to establish clearer definitions and processes within child custody proceedings by further defining factors for custody awards, including the considerations related to criminal convictions. It seeks to provide structured guidance to courts in making custody decisions, ensuring that child welfare remains a primary concern. The legislation also emphasizes the importance of appointing a guardian ad litem and ensuring that children have access to legal counsel during custody disputes. By updating these provisions, SB55 intends to enhance the protection and representation of children involved in custody cases.

Sentiment

The sentiment surrounding SB55 is largely supportive, particularly among legal professionals and child welfare advocates who view the bill as a necessary update to existing laws. Proponents argue that the changes will improve the judicial process in custody cases and provide better outcomes for children. However, there are some concerns from skeptics who worry about the implications of criminal conviction considerations in custody awards, fearing it may lead to overly punitive measures for parents, thereby affecting their rights and the child-parent relationship.

Contention

Notable points of contention include the criteria that will be used to evaluate parental criminal histories in custody decisions and the adequacy of safeguards for protecting the rights of parents. Critics express concern that the bill may disproportionately affect parents with criminal records, even for non-violent offenses, and potentially inhibit their ability to gain custody or access to their children. Additionally, there is an ongoing debate about the effectiveness of proposed training programs for judges and court personnel, with some arguing that implementation details remain vague and possibly unfocused on practical outcomes.

Latest SB55 Activity

Companion Bills

No companion bills found.

Previously Filed As

PA HB1928

In child custody, further providing for definitions, for award of custody, for factors to consider when awarding custody, for consideration of criminal conviction, for guardian ad litem for child, for counsel for child and for award of counsel fees, costs and expenses; and, in Administrative Office of Pennsylvania Courts, providing for child abuse and domestic abuse education and training program for judges and court personnel.

PA HB378

In child custody, further providing for factors to consider when awarding custody.

PA HB2018

In child custody, further providing for factors to consider when awarding custody.

PA HB1499

In child custody, further providing for definitions, for award of custody, for standing for partial physical custody and supervised physical custody, for presumption in cases concerning primary physical custody, for factors to consider when awarding custody, for consideration of criminal conviction and for parenting plan; and making editorial changes.

PA HB1684

In child custody, further providing for definitions, for award of custody, for standing for partial physical custody and supervised physical custody, for presumption in cases concerning primary physical custody, for factors to consider when awarding custody, for consideration of criminal conviction and for parenting plan; and making editorial changes.

PA HB288

In child custody, further providing for factors to consider when awarding custody and providing for solicitation and consideration of family finding and kinship care provider testimony.

PA SB137

Provide for the consideration of a child's wishes in awarding custody.

PA A5711

Requires court to consider additional factors in awarding custody of child.

PA A498

Requires court to consider additional factors in awarding custody of child.

PA HB2326

Adding consideration of whether the offender has physical custody of such offender's minor child or is a legal guardian or custodian with physical custody of a minor child to the factors considered for diversions and dispositional departures.

Similar Bills

MI SB0694

Children: child care; definitions in the child care organizations act; revise. Amends secs. 1 & 9 of 1973 PA 116 (MCL 722.111 & 722.119) & repeals sec. 17a of 1973 PA 116 (MCL 722.127a). TIE BAR WITH: SB 0692'24

CA AB866

Juveniles: care and treatment.

PA HB1928

In child custody, further providing for definitions, for award of custody, for factors to consider when awarding custody, for consideration of criminal conviction, for guardian ad litem for child, for counsel for child and for award of counsel fees, costs and expenses; and, in Administrative Office of Pennsylvania Courts, providing for child abuse and domestic abuse education and training program for judges and court personnel.

CA AB1039

Racial and identity profiling: reporting: peace officer.

MN SF706

Court consideration of allegations against a parent of domestic abuse or child abuse in dissolution, child custody, and parenting time proceedings requirement

MN HF4573

Domestic abuse and child abuse allegation consideration required in court bases of dissolution, custody, and parenting time proceedings.

MN SF4559

Domestic and child abuse allegations against a parent in the dissolution, child custody, and parenting time proceedings court consideration requirement provision

MI SB0227

Children: child care; emergency safety intervention in a children's therapeutic group home; modify conditions for. Amends secs. 1, 2b & 2c of 1973 PA 116 (MCL 722.111 et seq.).