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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BOSCOLA, ALLOWAY, COSTA, STACK, FARNESE AND WASHINGTON, MARCH 10, 2010 |
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| REFERRED TO JUDICIARY, MARCH 10, 2010 |
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| AN ACT |
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1 | Amending Title 23 (Domestic Relations) of the Pennsylvania |
2 | Consolidated Statutes, in proceedings prior to petition to |
3 | adopt, further providing for grounds for involuntary |
4 | termination. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 2511(a)(9) of Title 23 of the |
8 | Pennsylvania Consolidated Statutes is amended and the section is |
9 | amended by adding a subsection to read: |
10 | § 2511. Grounds for involuntary termination. |
11 | (a) General rule.--The rights of a parent in regard to a |
12 | child may be terminated after a petition filed on any of the |
13 | following grounds: |
14 | * * * |
15 | [(9) The parent has been convicted of one of the |
16 | following in which the victim was a child of the parent: |
17 | (i) an offense under 18 Pa.C.S. Ch. 25(relating to |
18 | criminal homicide); |
19 | (ii) a felony under 18 Pa.C.S. § 2702(relating to |
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1 | aggravated assault); |
2 | (iii) an offense in another jurisdiction equivalent |
3 | to an offense in subparagraph (i) or (ii); or |
4 | (iv) an attempt, solicitation or conspiracy to |
5 | commit an offense in subparagraph (i), (ii) or (iii).] |
6 | (a.1) Mandatory termination.--The rights of a parent in |
7 | regard to a child shall be terminated after a petition filed on |
8 | any of the following grounds is determined by the court to have |
9 | been proved and a determination is made by the court that the |
10 | termination is in the best interests of the child: |
11 | (1) The parent has been convicted of one of the |
12 | following in which the victim was a child of the parent or |
13 | any other child who resided in the parent's household: |
14 | (i) An offense under 18 Pa.C.S. Ch. 25 (relating to |
15 | criminal homicide). |
16 | (ii) A felony under any of the following provisions |
17 | of 18 Pa.C.S.: |
18 | (A) Section 2702 (relating to aggravated |
19 | assault). |
20 | (B) Section 3121 (relating to rape). |
21 | (C) Section 3122.1 (relating to statutory sexual |
22 | assault). |
23 | (D) Section 3123 (relating to involuntary |
24 | deviate sexual intercourse). |
25 | (E) Section 3124.1 (relating to sexual assault). |
26 | (F) Section 3125 (relating to aggravated |
27 | indecent assault). |
28 | (G) Section 3126 (relating to indecent assault). |
29 | (H) Section 4304 (relating to endangering |
30 | welfare of children). |
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1 | (iii) An offense under 18 Pa.C.S. § 3002 (relating |
2 | to trafficking of persons). |
3 | (iv) An offense under 18 Pa.C.S. § 4302 (relating to |
4 | incest). |
5 | (v) An offense in another jurisdiction equivalent to |
6 | an offense in subparagraph (i), (ii), (iii) or (iv). |
7 | (vi) An attempt, solicitation or conspiracy to |
8 | commit an offense in subparagraph (i), (ii), (iii) or |
9 | (iv). |
10 | (2) The parent has been convicted of one of the |
11 | following in which the victim was the other parent of a child |
12 | of the parent who has been convicted or either parent of any |
13 | other child who resided in the household of the parent who |
14 | has been convicted: |
15 | (i) An offense under 18 Pa.C.S. Ch. 25 (relating to |
16 | criminal homicide). |
17 | (ii) An offense in another jurisdiction equivalent |
18 | to an offense in subparagraph (i). |
19 | (iii) An attempt, solicitation or conspiracy to |
20 | commit an offense in subparagraph (i). |
21 | (3) Any omission or series of repeated and continuing |
22 | omissions by the parent in the care of a child of the parent |
23 | or any other child who resided in the parent's household |
24 | which results in a life-threatening condition or seriously |
25 | impairs the child's functioning. |
26 | (4) A child of the parent or any other child who resided |
27 | in the parent's household has been the victim of physical |
28 | abuse resulting in serious bodily injury, sexual violence or |
29 | aggravated physical neglect by the parent. |
30 | (5) The parental rights of the parent have been |
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1 | involuntarily terminated with respect to a child of the |
2 | parent based upon paragraph (1), (2), (3) or (4). |
3 | * * * |
4 | Section 2. This act shall take effect in 60 days. |
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