Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB285

Introduced
3/14/23  

Caption

In proceedings prior to petition to adopt, further providing for grounds for involuntary termination; and, in juvenile matters, further providing for disposition of dependent child.

Impact

The legislation also mandates improved protocols and training for law enforcement regarding the safety of children when a parent or guardian is arrested. Officers will be required to inquire about the presence of minor children and take reasonable steps to secure their safety, essentially codifying practices that address the safety and welfare of minors during potentially traumatic events. Such provisions aim to enhance the protective measures taken in situations where children might be left vulnerable due to parental arrest, thereby aligning law enforcement practices with child welfare considerations.

Summary

House Bill 285 focuses on significant amendments to Pennsylvania's child welfare and juvenile laws concerning the involuntary termination of parental rights and the safety of children during parental arrests. The bill outlines that courts must give primary consideration to the developmental, physical, and emotional needs of children when deciding cases related to parental rights. It establishes that parental rights should not be terminated solely based on inadequate living conditions or parental incarceration if these issues are beyond the parent’s control. This seeks to ensure due consideration is provided to the familial context before making a decision that affects the child’s future.

Sentiment

The sentiment surrounding HB 285 appears to be largely supportive among child welfare advocates and child protection agencies, who view its provisions as critical for ensuring that children are prioritized in legal proceedings involving family matters. However, there may be concerns from some lawmakers regarding the implications of the amendments, particularly about how they may impact the speed and efficiency of legal processes in child custody cases, leading to discussions about potential legislative revisions.

Contention

Notable points of contention revolve around the interpretation of 'adequate' conditions for termination of parental rights, particularly the definitions and thresholds which courts would need to apply under the new framework. Some lawmakers might argue that the bill could inadvertently delay necessary actions needed to protect children in cases of severe neglect or concerning parental behavior, while others argue that the bill's focus on parental rights is vital to avoid unjust terminations that could destabilize families unnecessarily.

Companion Bills

No companion bills found.

Previously Filed As

PA HB2217

In proceedings prior to petition to adopt, further providing for grounds for involuntary termination.

PA SB179

In adoption, further providing for definitions; in proceedings prior to petition to adopt, further providing for hearing, for grounds for involuntary termination and for petition for involuntary termination and providing for notice if identity or whereabouts of birth parent or putative father unknown; and, in petition for adoption, further providing for consents necessary to adoption and repealing provisions relating to consents not naming adopting parents.

PA HB1385

In juvenile matters, further providing for definitions and for disposition of delinquent child.

PA HB1381

In juvenile matters, further providing for short title and purposes of chapter, for definitions, for scope of chapter, for powers and duties of probation officers, for summary offenses, for inspection of court files and records, for guardian ad litem for child in court proceedings, for transfer from criminal proceedings, for informal adjustment, for taking into custody, for detention of child, for release or delivery to court and for place of detention, providing for confinement in juvenile treatment facilities, further providing for notice and hearing, providing for questioning and interrogating a child, further providing for consent decree, providing for school stability for certain students, further providing for disposition of delinquent child, for limitation on and change in place of commitment and for transfer to criminal proceedings.

PA HB1125

In child protective services, further providing for definitions; and, in juvenile matters, further providing for definitions.

PA SB751

In juvenile matters, further providing for definitions, for place of detention and for transfer to criminal proceedings.

PA HB2628

In juvenile matters, further providing for disposition of delinquent child and for limitation on and change in place of commitment; and making editorial changes.

PA SB752

In juvenile matters, further providing for definitions, for powers and duties of probation officers and for informal adjustment, providing for requirement of diversion and further providing for taking into custody, for detention of child, for release or delivery to court, for release from detention or commencement of proceedings, for informal hearing, for release or holding of hearing, for consent decree, for disposition of delinquent child and for limitation on and change in place of commitment.

PA SB1299

In human trafficking, further providing for definitions, for victim protection during prosecution and for safe harbor for sexually exploited children; in sex trafficking and missing and abducted children, further providing for county responsibilities; in juvenile matters, further providing for dependency in lieu of delinquency; and making an editorial change.

PA SB143

In human trafficking, further providing for definitions, for victim protection during prosecution and for safe harbor for sexually exploited children; in sex trafficking and missing and abducted children, further providing for county responsibilities; in juvenile matters, further providing for dependency in lieu of delinquency; and making an editorial change.

Similar Bills

No similar bills found.