Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB1928

Introduced
12/28/23  

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 proposes the development of an education and training program for judges and court personnel concerning child abuse, domestic violence, and their impact on children. By mandating ongoing education for those involved in custody decisions, it aims to ensure better-informed rulings that prioritize the wellbeing of children. Furthermore, the bill seeks to enforce guidelines that require courts to consider any history of abuse among parties when determining custody, thereby fostering a safer environment for children in vulnerable situations.

Summary

House Bill 1928 aims to amend Titles 23 and 42 of the Pennsylvania Consolidated Statutes to enhance the protection of children in custody proceedings. The legislation emphasizes that the health, safety, and welfare of the child must be the foremost priorities in custody decisions. Notably, the bill provides for the definitions of abuse to encompass various forms including domestic abuse, thereby setting a legal framework for evaluating custodial arrangements involving parties with a history of abuse.

Sentiment

Sentiment around HB 1928 is generally supportive among child advocacy groups and some legislators, who see it as a crucial step toward recognizing and addressing the implications of abuse in custody cases. However, there may be contention regarding the implementation of training requirements and how they may affect the duration and complexity of custody deliberations. Some stakeholders could argue that additional requirements could burden the court system further.

Contention

A significant point of contention lies in the definitions and processes surrounding the evaluation of abuse claims. While the bill enhances considerations of contemporaneous and historical abuse, it could lead to discrepancies in how courts assess such claims. The requirement for safety conditions and supervised custody arrangements based on allegations may invoke debates about balancing the rights of parents against the protection of children. This could challenge courts in maintaining objectivity while addressing potential biases influenced by the dynamics of abuse.

Companion Bills

No companion bills found.

Previously Filed As

PA SB55

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 SB55

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 HF4573

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

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 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.).