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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BOSCOLA, STACK, FARNESE, SOLOBAY, BREWSTER, ALLOWAY AND TARTAGLIONE, JANUARY 19, 2011 |
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| REFERRED TO JUDICIARY, JANUARY 19, 2011 |
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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 | Section 2702 (relating to aggravated assault). |
19 | Section 3121 (relating to rape). |
20 | Section 3122.1 (relating to statutory sexual |
21 | assault). |
22 | Section 3123 (relating to involuntary deviate sexual |
23 | intercourse). |
24 | Section 3124.1 (relating to sexual assault). |
25 | Section 3125 (relating to aggravated indecent |
26 | assault). |
27 | Section 3126 (relating to indecent assault). |
28 | Section 4304 (relating to endangering welfare of |
29 | children). |
30 | (iii) An offense under 18 Pa.C.S. § 3002 (relating |
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1 | to trafficking of persons). |
2 | (iv) An offense under 18 Pa.C.S. § 4302 (relating to |
3 | incest). |
4 | (v) An offense in another jurisdiction equivalent to |
5 | an offense in subparagraph (i), (ii), (iii) or (iv). |
6 | (vi) An attempt, solicitation or conspiracy to |
7 | commit an offense in subparagraph (i), (ii), (iii) or |
8 | (iv). |
9 | (2) The parent has been convicted of one of the |
10 | following in which the victim was the other parent of a child |
11 | of the parent who has been convicted or either parent of any |
12 | other child who resided in the household of the parent who |
13 | has been convicted: |
14 | (i) An offense under 18 Pa.C.S. Ch. 25 (relating to |
15 | criminal homicide). |
16 | (ii) An offense in another jurisdiction equivalent |
17 | to an offense in subparagraph (i). |
18 | (iii) An attempt, solicitation or conspiracy to |
19 | commit an offense in subparagraph (i). |
20 | (3) Any omission or series of repeated and continuing |
21 | omissions by the parent in the care of a child of the parent |
22 | or any other child who resided in the parent's household |
23 | which results in a life-threatening condition or seriously |
24 | impairs the child's functioning. |
25 | (4) A child of the parent or any other child who resided |
26 | in the parent's household has been the victim of physical |
27 | abuse resulting in serious bodily injury, sexual violence or |
28 | aggravated physical neglect by the parent. |
29 | (5) The parental rights of the parent have been |
30 | involuntarily terminated with respect to a child of the |
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1 | parent based upon paragraph (1), (2), (3) or (4). |
2 | * * * |
3 | Section 2. This act shall take effect in 60 days. |
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