23 Pa.C.S. § 6383 — PA Code / Title 23 / Chapter 63 / Section 6383
Education and training.
Status: in_force

(a) Duties of department and county agencies.--The department and each county agency, both jointly and individually, shall conduct a continuing publicity and education program for the citizens of this Commonwealth aimed at the prevention of child abuse and child neglect, including the prevention of newborn abandonment, the identification of abused and neglected children and the provision of necessary ameliorative services to abused and neglected children and their families. The department and each county agency shall conduct an ongoing training and education program for local staff, persons required to make reports and other appropriate persons in order to familiarize those persons with the reporting and investigative procedures for cases of suspected child abuse and the rehabilitative services that are available to children and families. In addition, the department shall, by regulation, establish a program of training and certification for persons classified as protective services workers. The regulations shall provide for the grandfathering of all current permanent protective services workers as certified protective services workers. Upon request by the county agency and approval of the department, the agency may conduct the training of the county's protective services workers.

(a.1) Study by department.--The department shall conduct a study to determine the extent of the reporting of suspected child abuse in this Commonwealth where the reports upon investigation are determined to be unfounded and to be knowingly false and maliciously reported or it is believed that a minor was persuaded to make or substantiate a false and malicious report. The department shall submit the report to the Governor, General Assembly and Attorney General no later than June 1, 1996. The report shall include the department's findings and recommendations on how to reduce the incidence of knowingly false and malicious reporting.

(a.2) Information for mandated and permissive reporters.--

(1) In addition to the requirements of subsection (a), the department shall provide specific information related to the recognition and reporting of child abuse on its Internet website in forms, including, but not limited to, the following:

(i) Website content.

(ii) Printable booklets and brochures.

(iii) Educational videos.

(iv) Internet-based interactive training exercises.

(2) Information shall be pertinent to both mandated and permissive reporters and shall address topics, including, but not limited to:

(i) Conduct constituting child abuse under this chapter.

(ii) Persons classified as mandated reporters.

(iii) Reporting requirements and procedures.

(iv) The basis for making a report of suspected child abuse.

(v) Penalties for failure to report.

(vi) Background clearance requirements for individuals who work or volunteer with children.

(vii) Recognition of the signs and symptoms of child abuse.

(viii) Alternative resources to assist with concerns not related to child abuse.

(3) The department shall include the following with all certifications provided pursuant to section 6344(b)(2) (relating to employees having contact with children; adoptive and foster parents):

(i) Information that certain persons are required by law to report suspected child abuse.

(ii) The Internet address where the information and guidance required by this subsection can be obtained.

(iii) A telephone number and mailing address where guidance materials can be requested by individuals who cannot access the department's Internet website.

(4) The department shall implement this subsection within 180 days of the effective date of this subsection.

(b) Duties of Department of State.--

(1) The Department of State shall make training and educational programs and materials available for all professional licensing boards whose licensees are charged with responsibilities for reporting child abuse under this chapter with a program of distributing educational materials to all licensees.

(2) Each licensing board with jurisdiction over professional licensees identified as mandated reporters under this chapter shall promulgate regulations within one year of the effective date of this subsection on the responsibilities of mandated reporters. These regulations shall clarify that the provisions of this chapter take precedence over any professional standard that might otherwise apply in order to protect children from abuse.

(3) Each licensing board with jurisdiction over professional licensees identified as mandated reporters under this chapter shall:

(i) Require all persons applying for a license or certification issued by the licensing board to submit documentation acceptable to the licensing board of the completion of at least three hours of approved child abuse recognition and reporting training. Training shall address, but shall not be limited to, recognition of the signs of child abuse and the reporting requirements for suspected child abuse in this Commonwealth. Training shall be approved by the department. The training may occur as part of the continuing education requirement of the license.

(ii) Require all persons applying for the renewal of a license or certification issued by the licensing board to submit documentation acceptable to the licensing board of the completion of at least two hours of approved continuing education per licensure cycle. Continuing education shall address, but shall not be limited to, recognition of the signs of child abuse and the reporting requirements for suspected child abuse in this Commonwealth. Continuing education curricula shall be approved by the licensing board in consultation with the department. The two hours of continuing education on child abuse recognition and reporting shall be completed by each licensee as a portion of the total continuing education required for biennial license renewal.

(4) A licensing board with jurisdiction over professional licensees identified as mandated reporters under this chapter may exempt an applicant or licensee from the training or continuing education required by paragraph (3) if all of the following apply:

(i) The applicant or licensee submits documentation acceptable to the licensing board that the person has already completed child abuse recognition training.

(ii) The training was:

(A) required by section 1205.6 of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, and the training program was approved by the Department of Education in consultation with the department; or

(B) required by the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, and the training program was approved by the department.

(iii) The amount of training received equals or exceeds the amount of training or continuing education required by paragraph (3).

(5) Upon biennial renewal of a license, a licensing board shall provide to professional licensees under its jurisdiction identified as mandated reporters information related to mandatory reporting of child abuse and the reporting requirements of licensees.

(6) A professional licensee identified as a mandated reporter may apply to the licensing board with jurisdiction over the licensee for an exemption from the training or continuing education required by paragraph (3). A licensing board may exempt the licensee if the licensee submits documentation acceptable to the licensing board that the licensee should not be subject to the training or continuing education requirement.

(c) Training of persons subject to department regulation.--

(1) The following persons shall be required to meet the child abuse recognition and reporting training requirements of this subsection:

(i) Operators of institutions, facilities or agencies which care for children and are subject to supervision by the department under Article IX of the Public Welfare Code, and their employees who have direct contact with children.

(ii) Foster parents.

(iii) Operators of facilities and agencies which care for children and are subject to licensure by the department under Article X of the Public Welfare Code

and their employees who have direct contact with children.

(iv) Caregivers in family child-care homes which are subject to licensure by the department under Article X of the Public Welfare Code and their employees who have direct contact with children.

(v) The adult family member who is a person responsible for the child's welfare and is providing services to a child in a family living home, a community home for individuals with an intellectual disability or a host home which is subject to supervision or licensure by the department under Articles IX and X of the Public Welfare Code.

(2) Within six months of the effective date of this subsection, operators and caregivers shall receive three hours of training prior to the issuance of a license or approval certificate and three hours of training every five years thereafter.

(3) Employees who have direct contact with children and foster parents shall receive three hours of training within six months of the issuance of a license or approval certificate and three hours of training every five years thereafter. New employees and new foster parents shall receive three hours of training within 90 days of hire or approval as a foster parent and three hours of training every five years thereafter.

(4) Training curriculum shall be approved by the department and shall address, but not be limited to, the following:

(i) Recognition of the signs of abuse and reporting requirements for suspected abuse in this Commonwealth.

(ii) For institutions, facilities and agencies under paragraph (1)(i), their policies related to reporting of suspected abuse.

(5) A person may be exempted from the requirements of this subsection if all of the following apply:

(i) The person provides documentation that the person has already completed child abuse recognition and reporting training.

(ii) The training was:

(A) required by section 1205.6 of the Public School Code of 1949, and the training program was approved by the Department of Education in consultation with the department; or

(B) required by this chapter and the training program was approved by the department.

(iii) The amount of training received equals or exceeds the amount of training required by this subsection.

(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Direct contact with children." The care, supervision, guidance or control of children or routine interaction with children.

"Operator." An executive or facility director. The term does not include a person who is not involved in managerial decisions related to the provision of services for or care of children with regard to any of the following:

(1) Personnel.

(2) Policy and procedures.

(3) Regulatory compliance.

(4) Services related to the general or medical care of children.

(5) Supervision of children.

(6) Safety of children. (Dec. 16, 1994, P.L.1292, No.151; Dec. 9, 2002, P.L.1549, No.201, eff. 60 days; Apr. 15, 2014, P.L.411, No.31, eff. Dec. 31, 2014; Apr. 15, 2014, P.L.417, No.33, eff. Dec. 31, 2014; Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014; July 1, 2015, P.L.94, No.15, eff. imd.)

Amendment. Act 15 amended subsec. (c)(1), (2) and

(3). 2014 Amendments. Act 31 added subsecs. (b)(3), (4), (5) and

(6), (c) and (d), Act 33 added subsec. (a.2) and Act 153 amended subsec. (a.2)(3). Section 2 of Act 31 provided that the amendment shall apply to persons applying for a license, certification, approval or registration, or for the renewal of a license, certification, approval or registration, on or after January 1, 2015. 2002 Amendment. Act 201 amended subsec. (a). 1994 Amendment. Section 10 of Act 151 provided that the amendment of subsec. (a) shall take effect July 1, 1996, and the remainder of the section shall take effect July 1, 1995. References in Text. The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in subsections (b) and (c), was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code. Cross References. Section 6383 is referred to in section 6509 of this title.
23 Pa.C.S. § 2925 — PA Code / Title 23 / Chapter 29 / Section 2925
Providing information from registry.
Status: in_force

(a) Nonidentifying information.--Nonidentifying information, if available, shall be provided to the requester within 30 days of the request.

(b) Identifying information.--

(1) If an authorization form is on file, the department shall notify the requester within 30 days of the request whether information may be released.

(2) If there is no authorization on file, the department shall designate an authorized representative to:

(i) Use reasonable efforts to locate the subject of the request.

(ii) If the subject of the request is located, obtain written authorization from the subject before any information is released.

(c) Confidentiality of information.--In conducting a search, the court or agency shall ensure that no individual, other than a birth parent, is informed of the adoptee's existence and relationship to the birth parent.

(d) When inquiry not mandatory.--An authorized representative of the court or agency conducting a search may not make an inquiry which the representative reasonably believes may compromise the confidentiality relating to the relationship between the adoptee and a birth parent of the adoptee.

(e) Authorization form.--An authorization form allowing the release of identifying information may be withdrawn at any time by the individual who signed the authorization form.

(f) Editing information.--Before the release of information from the registry, the department shall remove any identifying information, unless authorized in writing by the subject of the information to release the identifying information. Cross References. Section 2925 is referred to in section 2911 of this title.
23 Pa.C.S. § 4354 — PA Code / Title 23 / Chapter 43 / Section 4354
Willful failure to pay support order.
Status: in_force

(a) Offense defined.--An individual who willfully fails to comply with a support order of a court of this Commonwealth when the individual has the financial ability to comply with the support order commits an offense.

(b) Application.--This section applies to all support cases, whether civil or criminal and whether the defendant is married, unmarried, separated or divorced.

(c) Jurisdiction.--Exclusive original jurisdiction of a proceeding under this section is vested in the courts of common pleas of this Commonwealth.

(d) Grading.--

(1) Except as otherwise provided for in paragraph (2), an offense under this section shall constitute a summary offense.

(2) An offense shall be graded a misdemeanor of the third degree if the individual convicted of the offense established residence outside this Commonwealth with the intention of not complying with the support order and either of the following apply:

(i) the offense is a second or subsequent offense under this section; or

(ii) the individual owes support in an amount equal to or greater than 12 months of the monthly support obligation.

(e) Costs and expenses to be borne by individual.--An individual convicted of an offense under this section who is apprehended outside this Commonwealth shall, in addition to any other sentence imposed, be sentenced to pay the costs and expenses of rendition. (Mar. 25, 1988, P.L.296, No.35, eff. imd.; Oct. 9, 2008, P.L.1384, No.104, eff. 60 days)
23 Pa.C.S. § 3101 — PA Code / Title 23 / Chapter 31 / Section 3101
Short title of part.
Status: in_force

This part shall be known and may be cited as the Divorce Code.
23 Pa.C.S. § 2922 — PA Code / Title 23 / Chapter 29 / Section 2922
Informational material.
Status: in_force

The department shall publicize the availability of the registry and the manner in which information may be filed with and obtained from the registry.
23 Pa.C.S. § 2931 — PA Code / Title 23 / Chapter 29 / Section 2931
Access to information.
Status: in_force

(a) Who may access information.--The following individuals may file a written request for nonidentifying information or

identifying information or contact with the court which finalized the adoption, the agency which coordinated the adoption or a successor agency:

(1) An adoptee who is at least 18 years of age.

(2) An adoptive parent of an adoptee who is:

(i) under 18 years of age;

(ii) adjudicated incapacitated and is 18 years of age or older; or

(iii) deceased.

(3) A legal guardian of an adoptee who is under 18 years of age or adjudicated incapacitated.

(4) A descendant of a deceased adoptee.

(5) A birth parent of an adoptee who is 21 years of age or older.

(6) A parent of a birth parent of an adoptee who is 21 years of age or older, if the birth parent consents, is adjudicated incapacitated or is deceased.

(7) A birth sibling of an adoptee, if both the birth sibling and adoptee are 21 years of age or older and:

(i) the birth sibling remained in the custody of the birth parent and the birth parent consents, is deceased or adjudicated incapacitated;

(ii) both the birth sibling and the adoptee were adopted out of the same birth family; or

(iii) the birth sibling was not adopted out of the birth family and did not remain in the custody of the birth parent.

(b) Who may be the subject of a request for information.--An individual enumerated under subsection (a) may request nonidentifying or identifying information regarding or contact with the following individuals:

(1) An adoptee who is 21 years of age or older.

(2) A birth parent of an adoptee.

(3) A parent of a birth parent of an adoptee who is 21 years of age or older, if the birth parent consents, is adjudicated incapacitated or is deceased.

(4) A birth sibling of an adoptee, if both the birth sibling and the adoptee are 21 years of age or older and:

(i) the birth sibling remained in the custody of the birth parent and the birth parent consents, is deceased or adjudicated incapacitated;

(ii) both the birth sibling and the adoptee were adopted out of the same birth family; or

(iii) the birth sibling was not adopted out of the birth family and did not remain in the custody of the birth parent.
23 Pa.C.S. § 5403 — PA Code / Title 23 / Chapter 54 / Section 5403
Proceedings governed by other law.
Status: in_force

This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
23 Pa.C.S. § 2102 — PA Code / Title 23 / Chapter 21 / Section 2102
Definitions.
Status: in_force

The following words and phrases when used in this part shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Adoptee." An individual proposed to be adopted.

"Agency." Any incorporated or unincorporated organization, society, institution or other entity, public or voluntary, which may receive or provide for the care of children, supervised by the Department of Public Welfare and providing adoption services in accordance with standards established by the department.

"Clerk." The clerk of the division of the court of common pleas having jurisdiction over voluntary relinquishment, involuntary termination and adoption proceedings.

"Court." The court of common pleas.

"Intermediary." Any person or persons or agency acting between the parent or parents and the proposed adoptive parent or parents in arranging an adoption placement.

"Medical history information." Medical records and other information concerning an adoptee or an adoptee's natural family which is relevant to the adoptee's present or future health care or medical treatment. The term includes:

(1) otherwise confidential or privileged information provided that identifying contents have been removed pursuant to section 2909 (relating to medical history information); and

(2) information about the natural parents which may be relevant to a potential hereditary or congenital medical problem.

"Newborn child." A child who is six months of age or younger at the time of the filing of any petition pursuant to Chapter 25 (relating to proceedings prior to petition to adopt).

"Parent." Includes adoptive parent. (June 23, 1982, P.L.617, No.174, eff. 60 days; May 21, 1992, P.L.228, No.34, eff. 60 days; Dec. 20, 1995, P.L.685, No.76, eff. 60 days) 1995 Amendment. Act 76 amended the def. of "medical history information." 1992 Amendment. Act 34 added the def. of "newborn child." References in Text. Section 2909, referred to in this section, is repealed. The subject matter is now contained in section 2934 of this title. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
23 Pa.C.S. § 8305 — PA Code / Title 23 / Chapter 83 / Section 8305
Inappropriate tribunal.
Status: in_force

If a petition, complaint or comparable pleading is received by an inappropriate tribunal, it shall forward the pleading and accompanying documents to an appropriate tribunal and notify the petitioner by first class mail where and when the pleading was sent.
23 Pa.C.S. § 7303 — PA Code / Title 23 / Chapter 73 / Section 7303
Application of law of this State.
Status: in_force

Except as otherwise provided by this part, a responding tribunal of this State:

(1) shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this State and may exercise all powers and provide all remedies available in those proceedings; and

(2) shall determine the duty of support and the amount payable in accordance with the law and support guidelines of this State.
23 Pa.C.S. § 77A07 — PA Code / Title 23 / Chapter 77 / Section 77A07
Contest of registered convention support order.
Status: in_force

(a) Applicability.--Except as otherwise provided in this chapter, sections 7605 (relating to notice of registration of order), 7606 (relating to procedure to contest validity or enforcement of registered support order), 7607 (relating to contest of registration or enforcement) and 7608 (relating to confirmed order) apply to a contest of a registered convention support order.

(b) Time.--A party contesting a registered convention support order must file a contest:

(1) Not later than 30 days after notice of the registration if the contesting party resides in the United States.

(2) Not later than 60 days after notice of the registration if the contesting party does not reside in the United States.

(c) Failure to contest.--If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (b), the order is enforceable.

(d) Basis of contest.--A contest of a registered convention support order may be based only on grounds set forth in section 77A08 (relating to recognition and enforcement of registered convention support order). The contesting party shall bear the burden of proof.

(e) Tribunal duties.--In a contest of a registered convention support order, a tribunal of this State:

(1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and

(2) may not review the merits of the order.

(f) Notification of decision.--A tribunal of this State deciding a contest of a registered convention support order shall promptly notify the parties of its decision.

(g) Appeals.--A challenge or appeal does not stay the enforcement of a convention support order unless there are exceptional circumstances. Cross References. Section 77A07 is referred to in sections 7605, 77A05, 77A06 of this title.
23 Pa.C.S. § 6331 — PA Code / Title 23 / Chapter 63 / Section 6331
Establishment of Statewide database.
Status: in_force

There shall be established in the department a Statewide database of protective services, which shall include the following, as provided by section 6336 (relating to information in Statewide database):

(1) Reports of suspected child abuse pending investigation.

(2) Reports with a status of pending juvenile court or pending criminal court action.

(3) Indicated and founded reports of child abuse.

(4) Unfounded reports of child abuse awaiting expunction.

(5) Unfounded reports accepted for services.

(6) Reports alleging the need for general protective services.

(7) General protective services reports that have been determined to be valid.

(8) Reports alleging the need for general protective services that have been determined invalid and are awaiting expunction.

(9) A family case record for all reports accepted for investigation, assessment or services.

(10) Information on reports made to the agency, but not accepted for investigation or assessment.

(11) False reports of child abuse pursuant to a conviction under 18 Pa.C.S. § 4906.1 (relating to false reports of child abuse) for the purpose of identifying and tracking patterns of intentionally false reports. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 18, 2013, P.L.1201, No.119, eff. July 1, 2014; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014; May 14, 2014, P.L.653, No.45, eff. Dec. 31, 2014) 2014 Amendments. Act 29 amended the entire section and Act 45 amended par. (11). Cross References. Section 6331 is referred to in section 6334 of this title.
23 Pa.C.S. § 5328 — PA Code / Title 23 / Chapter 53 / Section 5328
Factors to consider when awarding custody.
Status: in_force

(a) Factors.--In ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors, giving substantial weighted consideration to the factors specified under paragraphs (1), (2), (2.1) and

(2.2) which affect the safety of the child, including the following:

(1) Which party is more likely to ensure the safety of the child.

(2) The present and past abuse committed by a party or member of the party's household, which may include past or current protection from abuse or sexual violence protection orders where there has been a finding of abuse.

(2.1) The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).

(2.2) Violent or assaultive behavior committed by a party.

(2.3) The level of cooperation and conflict between the parties, including:

(i) which party is more likely to encourage and permit frequent and continuing contact between the child and the other party or parties if contact is consistent with the safety needs of the child; and

(ii) the attempts by a party to turn the child against the other party, except in cases of abuse where reasonable safety measures are necessary to protect the safety of the child. A party's good faith and reasonable effort to protect the safety of a child or self shall not be considered evidence of unwillingness or inability to cooperate with the other party. A party's reasonable concerns for the safety of the child and the party's reasonable efforts to protect the child shall not be considered attempts to turn the child against the other party. A child's deficient or negative relationship with a party shall not be presumed to be caused by the other party.

(3) A willingness and ability of a party to prioritize the needs of the child by providing appropriate care, stability and continuity for the child, considering the parental duties performed by the party on behalf of the child in the past and whether the party is willing and able to perform the duties in the future, and attend to the daily physical, emotional, developmental, educational and special needs of the child.

(4) The need for stability and continuity in the child's education, family life and community life, except if changes are necessary to protect the safety of the child or a party.

(5) (Deleted by amendment).

(6) The child's sibling and other familial relationships.

(7) The well-reasoned preference of the child, based on the child's developmental stage, maturity and judgment.

(8) (Deleted by amendment).

(9) (Deleted by amendment).

(10) (Deleted by amendment).

(11) The proximity of the residences of the parties.

(12) Each party's employment schedule and availability to care for the child or ability to make appropriate child-care arrangements.

(13) (Deleted by amendment).

(14) The history of drug or alcohol abuse of a party or member of a party's household.

(15) The mental and physical condition of a party or member of a party's household.

(16) Any other relevant factor.

(a.1) Exception.--A factor under subsection (a) shall not be adversely weighed against a party if the circumstances related to the factor were in response to abuse or necessary to protect the child or the abused party from harm and the party alleging abuse does not pose a risk to the safety of the child at the time of the custody hearing. Temporary housing instability as a result of abuse shall not be considered against the party alleging abuse.

(a.2) Determination.--No single factor under subsection (a) shall by itself be determinative in the awarding of custody. The court shall examine the totality of the circumstances, giving weighted consideration to the factors that affect the safety of the child, when issuing a custody order that is in the best interest of the child.

(b) Gender neutral.--In making a determination under subsection (a), no party shall receive preference based upon gender in any award granted under this chapter.

(c) Grandparents and great-grandparents.--

(1) In ordering partial physical custody or supervised physical custody to a party who has standing under section 5325(1) or (2) (relating to standing for partial physical custody and supervised physical custody), the court shall consider the following:

(i) the amount of personal contact between the child and the party prior to the filing of the action;

(ii) whether the award interferes with any parent-child relationship; and

(iii) whether the award is in the best interest of the child.

(2) In ordering partial physical custody or supervised physical custody to a parent's parent or grandparent who has standing under section 5325(3), the court shall consider whether the award:

(i) interferes with any parent-child relationship; and

(ii) is in the best interest of the child.

(d) List of custody factors.--Within 30 days of the receipt of a custody complaint, petition for the modification of custody or petition to intervene in matters relating to custody, the court shall provide all parties named in the complaint or petition with a copy of this section. (Dec. 18, 2013, P.L.1167, No.107, eff. Jan. 1, 2014; Apr. 15, 2024, P.L.24, No.8, eff. 120 days; June 30, 2025, P.L.18, No.11, eff. 60 days) 2025 Amendment. Act 11 amended subsec. (a) and added subsec. (d).

2024 Amendment. Act 8 amended subsec. (a) and added subsecs. (a.1) and (a.2). See section 1 of Act 8 in the appendix to this title for special provisions relating to findings and declarations. 2013 Amendment . See section 6 of Act 107 in the appendix to this title for special provisions relating to applicability. Cross References. Section 5328 is referred to in sections 5323, 6340 of this title; sections 1908, 6307 of Title 42 (Judiciary and Judicial Procedure).
23 Pa.C.S. § 4362 — PA Code / Title 23 / Chapter 43 / Section 4362
Plaintiff's share of proceeds of sale.
Status: in_force

(a) General rule.--The plaintiff spouse shall be entitled, out of the proceeds of this sale, to such sums of money as represents the share in the property, based on the proportionate part of the original purchase money furnished by the plaintiff spouse for the purchase of the property.

(b) Petition to court.--The plaintiff spouse may petition the court of common pleas of the county where the real property is situated, either before or after the sale of the property by execution, setting forth plaintiff's claim, and the court shall fix a date for a hearing on the petition.

(c) Hearing and decree.--After notice and hearing, the court shall make such decree as shall be proper. At the hearing, both spouses shall be competent witnesses. Cross References. Section 4362 is referred to in section 4365 of this title.
23 Pa.C.S. § 5421 — PA Code / Title 23 / Chapter 54 / Section 5421
Initial child custody jurisdiction.
Status: in_force

(a) General rule.--Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this Commonwealth has jurisdiction to make an initial child custody determination only if:

(1) this Commonwealth is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this Commonwealth but a parent or person acting as a parent continues to live in this Commonwealth;

(2) a court of another state does not have jurisdiction under paragraph (1) or a court of the home state of the child has declined to exercise jurisdiction on the ground that this Commonwealth is the more appropriate forum under section 5427 (relating to inconvenient forum) or 5428 (relating to jurisdiction declined by reason of conduct) and:

(i) the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence; and

(ii) substantial evidence is available in this Commonwealth concerning the child's care, protection, training and personal relationships;

(3) all courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court of this Commonwealth is the more appropriate

forum to determine the custody of the child under section 5427 or 5428; or

(4) no court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2) or (3).

(b) Exclusive jurisdictional basis.--Subsection (a) is the exclusive jurisdictional basis for making a child custody determination by a court of this Commonwealth.

(c) Physical presence and personal jurisdiction unnecessary.--Physical presence of or personal jurisdiction over a party or a child is not necessary or sufficient to make a child custody determination. Cross References. Section 5421 is referred to in sections 5210, 5422, 5423, 5424, 5428 of this title.
23 Pa.C.S. § 5504 — PA Code / Title 23 / Chapter 55 / Section 5504
Establishing liability in civil proceedings.
Status: in_force

(a) Petition.--If a judgment has been rendered against the child in a civil action for injury because of the tortious act of the child and the judgment has not been satisfied within a period of 30 days, the injured person may petition the court for a rule to show cause why judgment should not be entered against the parent.

(b) Answer and trial.--The parent may file an answer to the petition, and, if there is any dispute as to unlitigated facts, the case shall be set down for trial.

(c) Judgment.--If there is no dispute as to the unlitigated facts, the court shall authorize the entry of a judgment against the parent. In no case shall the judgment against the parent exceed the limitations set forth in section 5505 (relating to monetary limits of liability).

(d) Action against parent.--Notwithstanding any provision to the contrary, a victim of a willful, tortious act of a child may initiate a civil action directly against the parent or parents of the child who committed the tortious act for the purpose of receiving compensation for the injuries suffered, not to exceed the limitations set forth in section 5505. (Apr. 21, 1994, P.L.128, No.15, eff. 60 days) 1994 Amendment. Act 15 added subsec. (d).
23 Pa.C.S. § 5209 — PA Code / Title 23 / Chapter 52 / Section 5209
Warrant to take physical custody of child.
Status: in_force

(a) Ex parte.--If a petition under this chapter contains allegations and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.

(b) Hearing.--The respondent on a petition under subsection

(a) must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.

(c) Requirements.--An ex parte warrant under subsection (a) to take physical custody of a child must:

(1) Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based.

(2) Direct law enforcement officers to take physical custody of the child immediately.

(3) State the date and time for the hearing on the petition.

(4) Provide for the safe interim placement of the child pending further order of the court.

(d) Search of databases.--If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking or child abuse or neglect.

(e) Service.--The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody.

(f) Enforcement.--

(1) A warrant to take physical custody of a child, issued by this Commonwealth or another state, is enforceable throughout this Commonwealth.

(2) If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.

(g) Fees and costs.--If the court finds, after a hearing, that a petitioner sought an ex parte warrant under subsection

(a) for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney fees, costs and expenses.

(h) Other relief.--This chapter does not affect the availability of relief allowed under the laws of this Commonwealth other than this chapter. Cross References. Section 5209 is referred to in sections 5204, 5208 of this title.
23 Pa.C.S. § 6385 — PA Code / Title 23 / Chapter 63 / Section 6385
Reimbursement to county agencies.
Status: in_force

The department shall certify in accordance with the needs-based budgeting provisions of Article VII of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, a level of funds sufficient to meet the cost of services required by the provisions of this chapter which are reasonable and allowable as defined in Article VII. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995)

1994 Amendment. Act 151 added section 6385. References in Text. The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in this section, was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code.
23 Pa.C.S. § 6362 — PA Code / Title 23 / Chapter 63 / Section 6362
Responsibilities of county agency for child protective services.
Status: in_force

(a) General rule.--The county agency shall be the sole civil agency responsible for receiving and investigating all reports of child abuse made pursuant to this chapter, specifically including, but not limited to, reports of child abuse in facilities operated by the department and other public agencies, for the purpose of providing protective services to prevent further abuses to children and to provide or arrange for and monitor the provision of those services necessary to safeguard and ensure the well-being and development of the child and to preserve and stabilize family life wherever appropriate.

(b) Assumption of responsibility by department.--When the suspected abuse has been committed by the county agency or any of its agents or employees, the department shall assume the role of the agency with regard to the investigation and directly refer the child for services.

(c) Action by agencies for abuse by agents or employees.--Where suspected child abuse has occurred and an employee or agent of the department or the county agency or a private or public institution is a subject of the report, the department, agency or institution shall be informed of the investigation so that it may take appropriate action.

(d) Reliance on factual investigation.--An agency charged by this section or section 6361 (relating to organization for child protective services) with investigating a report of child abuse may rely on a factual investigation of substantially the same allegations by a law enforcement agency to support the agency's finding. This reliance shall not, however, limit the duties imposed by section 6368(a) (relating to investigation of reports).

(e) Risk assessment.--Each county agency shall implement a State-approved risk assessment process in performance of its duties under this subchapter.

(f) Weekly face-to-face contacts.--For those children assessed as being at high risk for abuse or neglect who are remaining in or returning to the home in which the abuse or neglect occurred, the county agency shall ensure that those children are seen at least once a week, either directly by a county agency worker or through purchase of service, until they are no longer assessed as being at high risk for abuse or neglect. (Dec. 16, 1994, P.L.1292, No.151; Nov. 24, 1999, P.L.542, No.50, eff. 60 days) 1999 Amendment. Act 50 added subsec. (f). 1994 Amendment. Act 151 amended the entire section, effective July 1, 1995, as to subsecs. (a), (b), (c) and (d). See section 10(1) of Act 151 in the appendix to this title for special provisions relating to the effective date of subsec.

(e). Cross References. Section 6362 is referred to in sections 6361, 6364 of this title; section 6328 of Title 42 (Judiciary and Judicial Procedure).
23 Pa.C.S. § 6108.7 — PA Code / Title 23 / Chapter 61 / Section 6108.7
Order to seal record from public view.
Status: in_force

(a) General rule.--Notwithstanding any other provision of this chapter, an individual who has entered into a consent agreement approved by the court under section 6108(a) (relating to relief) may petition the court for an order to seal the record of the individual from public view. The court may grant the order if the petitioner proves all of the following by clear and convincing evidence:

(1) The consent agreement for which the individual seeks relief under this section is the only such consent agreement to which the individual has ever been subject and that, during the period in which the consent agreement was in effect, the individual did not violate an order or consent agreement under section 6108.

(2) A period of at least ten years has elapsed since the expiration of the consent agreement.

(3) The individual has not been subject to another final protection from abuse order under section 6108.

(4) The individual has not been convicted of one of the following offenses where the victim is a family or household member:

(i) An offense set forth in 18 Pa.C.S. § 2711 (relating to probable cause arrests in domestic violence cases).

(ii) An offense equivalent to subparagraph (i) under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation.

(b) Notice to district attorney and plaintiff.--

(1) The petitioner shall serve a copy of the petition under subsection (a) to the district attorney and to the plaintiff within ten days of the filing of the petition.

(2) The district attorney and the plaintiff shall have an opportunity to be heard at the hearing.

(3) Within 30 days of receipt of notice, the district attorney or plaintiff may file objections to the petition.

(4) If no objection under paragraph (3) is timely filed, the court may grant the petition without further hearing if the requirements of this section have been met.

(5) As used in this subsection, the term "plaintiff" means the person who entered into the consent agreement with the defendant.

(c) Notice to prothonotary.--Notice of an order to seal the individual's record from public view shall promptly be submitted to the prothonotary of the county holding the record. The prothonotary may not permit a member of the public from accessing the individual's record regarding the consent agreement. Nothing in this section shall be construed to limit access of the record of the individual by a criminal justice agency as defined in 18 Pa.C.S. § 9102 (relating to definitions). (Oct. 12, 2018, P.L.519, No.79, eff. 180 days) 2018 Amendment. Act 79 added section 6108.7. Act 79 shall apply to orders issued pursuant to 23 Pa.C.S. § 6108 on or after the effective date of section 11 of Act 79.
23 Pa.C.S. § 7309 — PA Code / Title 23 / Chapter 73 / Section 7309
Private counsel.
Status: in_force

An individual may employ private counsel to represent the individual in proceedings authorized by this part.
23 Pa.C.S. § 4304 — PA Code / Title 23 / Chapter 43 / Section 4304
Cooperation of Commonwealth agencies (Repealed).
Status: repealed

1996 Repeal. Section 4304 was repealed October 16, 1996, P.L.706, No.124, effective in 60 days.
23 Pa.C.S. § 4325 — PA Code / Title 23 / Chapter 43 / Section 4325
Payment of order of support.
Status: in_force

Unless procedures established by the department for the State disbursement unit provide otherwise, an order of support shall direct payment to be made payable to or payment to be made to the domestic relations section for transmission to the obligee or for transmission directly to a public body or public or private agency whenever the care, maintenance and assistance of the obligee is provided for by the public body or public or private agency. (Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998) 1997 Amendment. Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support.
23 Pa.C.S. § 6332 — PA Code / Title 23 / Chapter 63 / Section 6332
Establishment of Statewide toll-free telephone number.
Status: in_force

(a) General rule.--The department shall establish a single Statewide toll-free telephone number that all persons, whether mandated by law or not, may use to report cases of suspected child abuse or children allegedly in need of general protective services. A county agency or law enforcement official shall use the Statewide toll-free telephone number or electronic technologies for determining the existence of reports of child abuse or general protective services reports in the Statewide database or reports under investigation.

(b) Limitation on use.--A county agency may only request and receive information pursuant to this subsection either on its own behalf because it has received a report of suspected child abuse or on behalf of a physician examining or treating a child or on behalf of the director or a person specifically designated in writing by the director of any hospital or other medical institution where a child is being treated, where the physician or the director or a person specifically designated in writing by the director suspects the child of being an abused child.

(c) Posting Statewide toll-free telephone number in schools.--All public and nonpublic schools that enroll students in grades kindergarten through 12 shall publicly display at each school campus a poster uniformly designed by the department that contains the Statewide toll-free telephone number for reporting suspected child abuse or neglect and any Statewide toll-free telephone number relating to school safety. The following apply:

(1) The poster shall be posted in a high-traffic, public area of the school that is readily accessible to and widely used by students.

(2) The department shall, in consultation with the Department of Education, design the poster, which shall:

(i) be 11 inches by 17 inches or larger;

(ii) display in bold print the Statewide toll-free telephone number for reporting suspected child abuse or neglect and any Statewide toll-free telephone number relating to school safety; and

(iii) include the department's publicly accessible Internet website that provides information and resources related to child protection.

(3) The department and the Department of Education shall make the poster available on their publicly accessible Internet websites to all public and nonpublic schools.

(d) Posting Statewide toll-free telephone numbers in hospitals.--All hospitals shall publicly display a poster that contains the Statewide toll-free telephone number for reporting suspected child abuse or neglect and any Statewide toll-free telephone number relating to school safety. The poster shall be 11 inches by 17 inches or larger and of a uniform design approved by the department in consultation with the Department of Health. The poster shall be posted in a high-traffic, public area of the emergency department of the hospital. The Statewide toll-free telephone numbers shall be printed in bold print. The poster shall also include the department's publicly accessible Internet website that provides information and resources related to child protection. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014; June 28, 2018, P.L.375, No.54, eff. 60 days) 2018 Amendment. Act 54 added subsecs. (c) and (d).

Amendment. Act 29 amended subsec. (a). Cross References. Section 6332 is referred to in sections 6313, 6368 of this title; sections 7382, 7389 of Title 42 (Judiciary and Judicial Procedure).
23 Pa.C.S. § 4392 — PA Code / Title 23 / Chapter 43 / Section 4392
Employer reporting.
Status: in_force

(a) General rule.--For purposes of enhancing child support enforcement activities, including the location of individuals, the establishment of paternity and the enforcement of child support obligations pursuant to this subchapter, a Commonwealth directory of new hires shall be established within the Department of Labor and Industry.

(b) Duty of employer.--Except as provided in subsection

(c), each employer doing business in this Commonwealth shall provide the following information regarding a newly hired employee to the Commonwealth directory of new hires: name; home address; Social Security number; date of hire; the employer's name and address; the identifying number assigned to the employer under section 6109 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 6109); and the name and telephone number of an employer contact. The information may be submitted on a form provided by the Department of Labor and Industry or by attaching the date of hire and name and telephone number of an employer contact to the W-4 form submitted for the newly hired employee. The information may be transmitted by first class mail, magnetically, electronically or by another method authorized by the directory of new hires.

(c) Employees in two or more states.--An employer that employs individuals in two or more states and that transmits reports magnetically or electronically may comply with subsection (b) by designating one of its offices located in a state in which the employer has employees to send the required report to the Commonwealth directory of new hires. An employer that transmits reports pursuant to this subsection shall notify the Commonwealth directory of new hires and the United States Secretary of Health and Human Services in writing as to which state such employer has designated to send the report required under subsection (b). If the Commonwealth is so designated, the employer shall transmit information in accordance with this subchapter, including the newly hired employee's state of hire, and shall comply with all procedures adopted under this subchapter.

(d) Time for submission.--The information required under subsection (b) shall be submitted by the employer to the Commonwealth directory of new hires no later than 20 days from the date of hire of a newly hired employee. In the case of a magnetic or electronic transmission of the information, the employer may comply by making two monthly transmissions not less than 12 days nor more than 16 days apart. Cross References. Section 4392 is referred to in section 4326 of this title.
23 Pa.C.S. § 7401 — PA Code / Title 23 / Chapter 74 / Section 7401
Establishment of support order.
Status: in_force

(a) Jurisdiction.--If a support order entitled to recognition under this part has not been issued, a responding tribunal of this State with personal jurisdiction over the parties may issue a support order if any of the following apply:

(1) The individual seeking the order resides outside this State.

(2) The support enforcement agency seeking the order is located outside this State.

(b) Temporary orders.--The tribunal may issue a temporary child support order if the tribunal determines that an order is appropriate and the individual ordered to pay is any of the following:

(1) A presumed father of the child.

(2) Petitioning to have his paternity adjudicated.

(3) Identified as the father of the child through genetic testing.

(4) An alleged father who has declined to submit to genetic testing.

(5) Shown by clear and convincing evidence to be the father of the child.

(6) An acknowledged father as provided by applicable state law.

(7) The mother of the child.

(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(c) Relief.--Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 7305 (relating to duties and powers of responding tribunal). (Dec. 28, 2015, P.L.559, No.94, eff. imd.)
23 Pa.C.S. § 3303 — PA Code / Title 23 / Chapter 33 / Section 3303
Annulment of void and voidable marriages.
Status: in_force

(a) General rule.--In all cases where a supposed or alleged marriage has been contracted which is void or voidable under this title or under applicable law, either party to the supposed or alleged marriage may bring an action in annulment to have it declared void in accordance with the procedures provided by this part and prescribed by general rules.

(b) Common-law marriage.--In the case of a purported common-law marriage where a party was under 18 years of age, a parent or guardian of the minor may bring a declaratory judgment proceeding during the party's minority to have the marriage declared void. Cross References. Section 3303 is referred to in section 3304 of this title.
23 Pa.C.S. § 5602 — PA Code / Title 23 / Chapter 56 / Section 5602
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Alternate." A person with all the rights, responsibilities and qualifications of a standby guardian who shall become a standby guardian only in the event that the currently designated standby guardian is unable or refuses to fulfill his obligation.

"Attending physician." A physician who has primary responsibility for the treatment and care of the designator. If physicians share responsibility, another physician is acting on the attending physician's behalf or no physician has primary responsibility, any physician who is familiar with the designator's medical condition may act as an attending physician under this chapter.

"Coguardian." A person who along with a parent shares physical or legal custody, or both, of a child.

"Consent." A written authorization signed by the designator in the presence of two witnesses who shall also sign the writing. The witnesses must be 18 years of age or older and not named in the designation.

"Court." Family Court Division or domestic relations section of a court of common pleas unless otherwise provided by local rules of court.

"Debilitation." A person's chronic and substantial inability as a result of a physically incapacitating disease or injury to care for a dependent minor.

"Designation." A written document naming the standby guardian or temporary guardian. A parent, a legal custodian or a legal guardian may designate an alternate standby guardian in the same writing.

"Designator." A parent, a legal custodian or a legal guardian who appoints a standby guardian or temporary guardian.

"Determination of debilitation." A written finding made by an attending physician which states that the designator suffers from a physically incapacitating disease or injury. No identification of the illness in question is required.

"Determination of incapacity." A written finding made by an attending physician which states the nature, extent and probable duration of the designator's mental or organic incapacity.

"Family member." A grandparent, aunt, uncle or adult sibling of a minor.

"Incapacity." A chronic and substantial inability, resulting from a mental or organic impairment, to understand the nature and consequences of decisions concerning the care of the designator's dependent minor and a consequent inability to care for the minor.

"Standby guardian." A person named by a designator to assume the duties of coguardian or guardian of a minor and whose authority becomes effective upon the incapacity, debilitation and consent, or death of the minor's parent.

"Temporary guardian." A family member appointed by a court for a limited period as a guardian of the minor when the minor's custodial parent has entered a rehabilitation facility for treatment of drug or alcohol addiction or has been subject to emergency medical intervention due to abuse of drugs or alcohol.

"Triggering event." A specified occurrence stated in the designation which empowers a standby guardian to assume the powers, duties and responsibilities of guardian or coguardian. (June 22, 2000, P.L.443, No.59, eff. 60 days; Oct. 23, 2018, P.L.583, No.88, eff. 60 days)
23 Pa.C.S. § 5205 — PA Code / Title 23 / Chapter 52 / Section 5205
Jurisdiction.
Status: in_force

(a) General rule.--A petition under this chapter may be filed only in a court that has jurisdiction to make a child custody determination with respect to the child at issue under
23 Pa.C.S. § 1106 — PA Code / Title 23 / Chapter 11 / Section 1106
Records and statistics.
Status: in_force

(a) Filing transcript or record.--The county shall furnish the department, not later than the 15th day of each month, with a transcript or record of each marriage license issued and each return of the celebration of a marriage received or filed during the preceding calendar month.

(b) Forms.--The transcripts or records required to be furnished shall be made on forms prepared and furnished by the department and shall contain such information as the department may require.

(c) Confidentiality.--The records furnished to the department under this section shall not be open to public inspection except as authorized by the regulations of the Advisory Health Board.

(d) Statistics.--The department shall from time to time compile and publish statistics derived from records furnished under this section.
23 Pa.C.S. § 3321 — PA Code / Title 23 / Chapter 33 / Section 3321
Hearing by master.
Status: in_force

The court may appoint a master to hear testimony on all or some issues, except issues of custody and paternity, and return the record and a transcript of the testimony together with a report and recommendation as prescribed by general rules, or a judge of the court in chambers may appoint a master to hold a nonrecord hearing and to make recommendations and return the same to the court, in which case either party may demand a hearing de novo before the court. Suspension by Court Rule. Section 3321 was suspended by Pennsylvania Rule of Civil Procedure No. 1920.91, as amended October 30, 2021, insofar as it prohibits the appointment of hearing officers in partial custody or visitation matters.
23 Pa.C.S. § 2504.1 — PA Code / Title 23 / Chapter 25 / Section 2504.1
Confidentiality.
Status: in_force

The court shall take such steps as are reasonably necessary to assure that the identity of the adoptive parent or parents is not disclosed without their consent in any proceeding under

this subchapter or Subchapter B (relating to involuntary termination). The Supreme Court may prescribe uniform rules under this section relating to such confidentiality. (May 21, 1992, P.L.228, No.34, eff. 60 days) 1992 Amendment. Act 34 added section 2504.1.
23 Pa.C.S. § 6711 — PA Code / Title 23 / Chapter 67 / Section 6711
Penalties.
Status: in_force

(a) False information.--Any person who knowingly provides false information in regard to a material fact contained in any application made pursuant to section 6704 (relating to persons eligible to apply) or 6705 (relating to application and certification process) shall be subject to termination from the program and to criminal penalties under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

(b) Access by fraud or misrepresentation.--

(1) Except as provided in paragraph (2), any person who intentionally, knowingly or recklessly attempts to gain access to or gains access to a program participant's actual address by fraud or misrepresentation commits a misdemeanor of the second degree. A second or subsequent violation of this paragraph shall be graded as a felony of the third degree.

(2) A first offense under paragraph (1) shall be graded as a felony of the third degree if it is committed by any person who has previously been convicted of a crime of violence involving the program participant under paragraph

(1) or the program participant's family or household member as defined in section 6102 (relating to definitions), including: 18 Pa.C.S. § 2701 (relating to simple assault); 18 Pa.C.S. § 2702 (relating to aggravated assault); 18 Pa.C.S. § 2705 (relating to recklessly endangering another person); 18 Pa.C.S. § 2709 (relating to harassment); 18 Pa.C.S. § 2709.1 (relating to stalking);

18 Pa.C.S. § 2718 (relating to strangulation); 18 Pa.C.S. § 2901 (relating to kidnapping); 18 Pa.C.S. § 3121 (relating to rape); 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse); 18 Pa.C.S. § 4954 (relating to protective orders); or 23 Pa.C.S. § 6108 (relating to relief).

(c) Unauthorized use of disclosed actual address.--A person who lawfully obtains a program participant's actual address pursuant to an exception contained in section 6708 (relating to disclosure of actual address) and who subsequently discloses or uses the actual address in a manner not authorized by this chapter commits a summary offense. (June 5, 2020, P.L.246, No.32, eff. 60 days) 2020 Amendment. Act 32 amended subsec. (b)(2). Cross References. Section 6711 is referred to in section 6703 of this title.
23 Pa.C.S. § 4606 — PA Code / Title 23 / Chapter 46 / Section 4606
Guardian.
Status: in_force

(a) Petition.--Any public body or public agency caring for or assisting any indigent person may petition the court of common pleas, if the person is of full age, or the orphans' court, if the person is a minor, for a rule to show cause why the public body, public agency or some other person appointed by the court should not become the legal guardian of the person and property of the person. The petition shall have attached an inventory of the property of the person. The court shall schedule a hearing on the matter and shall serve notice of the hearing upon the person.

(b) Order.--After conducting a hearing pursuant to subsection (a), the court may issue an order constituting the public body, public agency or some other person, guardian of the person and the estate of the person, whether or not all of the estate was enumerated in the inventory provided under subsection (a). The proceedings and order shall be indexed in the name of the person pursuant to court rules.

(c) Discharge.--

(1) No person for whom a guardian has been appointed under this section shall be discharged from the guardianship until the person has petitioned the court for termination. The court may terminate the guardianship if it is satisfied that:

(i) the person has become able and willing to resume control of the person's own person and estate; and

(ii) the public body or public agency has been fully reimbursed for the expense of the person's care or assistance or that all of the person's estate has been expended for the reimbursement.

(2) The cost of the proceedings under this subsection shall be paid by the petitioner unless otherwise ordered by the court.

(d) Leases permitted.--Under the supervision of the appropriate court, a guardian may lease the real estate of any person for a term of years and receive and apply the proceeds of the lease to defray the expenses incurred in the care or

assistance and burial of the person. The balance of the proceeds shall be paid to the person upon termination of the guardianship or to the legal representatives of the person after the person's death.
23 Pa.C.S. § 7313 — PA Code / Title 23 / Chapter 73 / Section 7313
Costs and fees.
Status: in_force

(a) Petitioner.--The petitioner may not be required to pay a filing fee or other costs.

(b) Obligor.--If an obligee prevails, a responding tribunal of this State may assess against an obligor filing fees, reasonable attorney fees, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs or expenses against the obligee or the support enforcement agency of either the initiating state or the responding state or foreign country except as provided by other law. Attorney fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses.

(c) Dilatory actions.--The tribunal shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay. In a proceeding under
23 Pa.C.S. § 6363 — PA Code / Title 23 / Chapter 63 / Section 6363
County plan for protective services.
Status: in_force

The county agency shall include provisions for protective services in its annual plan as required by the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995) References in Text. The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in this section, was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code. Cross References. Section 6363 is referred to in section 6364 of this title.
23 Pa.C.S. § 2909 — PA Code / Title 23 / Chapter 29 / Section 2909
Medical history information (Repealed).
Status: repealed

2010 Repeal. Section 2909 was repealed October 27, 2010, P.L.961, No.101, effective in 180 days.
23 Pa.C.S. § 2736 — PA Code / Title 23 / Chapter 27 / Section 2736
Failure to comply.
Status: in_force

Failure to comply with the terms of an agreement that has been approved by the court pursuant to this subchapter shall not be grounds for setting aside an adoption decree.
23 Pa.C.S. § 6381 — PA Code / Title 23 / Chapter 63 / Section 6381
Evidence in court proceedings.
Status: in_force

(a) General rule.--In addition to the rules of evidence provided under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), the rules of evidence in this section shall govern in child abuse proceedings in court or in any department administrative hearing pursuant to section 6341 (relating to amendment or expunction of information).

(b) Reports of unavailable persons.--Whenever a person required to report under this chapter is unavailable due to death or removal from the jurisdiction of the court, the written report of that person shall be admissible in evidence in any proceedings arising out of child abuse other than proceedings under Title 18 (relating to crimes and offenses). Any hearsay contained in the reports shall be given such weight, if any, as the court determines to be appropriate under all of the circumstances. However, any hearsay contained in a written report shall not of itself be sufficient to support an adjudication based on abuse.

(c) Privileged communications.--Except for privileged communications between a lawyer and a client and between a minister and a penitent, a privilege of confidential communication between husband and wife or between any professional person, including, but not limited to, physicians, psychologists, counselors, employees of hospitals, clinics, day-care centers and schools and their patients or clients, shall not constitute grounds for excluding evidence at any proceeding regarding child abuse or the cause of child abuse.

(d) Prima facie evidence of abuse.--Evidence that a child has suffered child abuse of such a nature as would ordinarily not be sustained or exist except by reason of the acts or

omissions of the parent or other person responsible for the welfare of the child shall be prima facie evidence of child abuse by the parent or other person responsible for the welfare of the child.

(e) Child victims and witnesses.--In addition to the provisions of this section, any consideration afforded to a child victim or witness pursuant to 42 Pa.C.S. Ch. 59 Subch. D (relating to child victims and witnesses) in any prosecution or adjudication shall be afforded to a child in child abuse proceedings in court or in any department administrative hearing pursuant to section 6341. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 18, 2013, P.L.1170, No.108, eff. Dec. 31, 2014) 2013 Amendment. Act 108 added subsec. (e). 1994 Amendment. Act 151 amended subsecs. (a) and (d).
23 Pa.C.S. § 6502 — PA Code / Title 23 / Chapter 65 / Section 6502
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Child abuse." Child abuse as defined in section 6303(b) (relating to definitions). "County agency" or "agency." County agency as defined in section 6303(a) (relating to definitions).

"Department." The Department of Human Services of the Commonwealth.

"Emergency services provider." An emergency medical responder, emergency medical technician, advanced emergency medical technician or a paramedic as defined in 35 Pa.C.S. § 8103 (relating to definitions).

"Health care provider." A person who is licensed or certified by the laws of this Commonwealth to administer health care in the ordinary course of business or practice of a profession. For purposes of accepting a newborn as provided in section 6504(a)(1) (relating to accepting newborns) and for immunity provided pursuant to section 6507 (relating to immunity), the term includes administrative, managerial and security personnel and any other person employed by a hospital or urgent care center.

"Hospital." An institution having an organized medical staff which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic and therapeutic services or rehabilitation services for the care or rehabilitation of people who are injured, disabled, pregnant, diseased, sick or mentally ill. The term includes facilities for the diagnosis and treatment of disorders within the scope of specific medical specialties, but not facilities caring exclusively for people with mental illness or those facilities primarily engaged in providing rehabilitation services or long-term care.

"Newborn." A child less than 28 days of age as reasonably determined by a physician.

"Police department." A public agency of a political subdivision having general police powers and charged with making arrests in connection with the enforcement of criminal or traffic laws.

"Police officer." A full-time or part-time employee assigned to criminal or traffic law enforcement duties of a police department of a county, city, borough, town or township. The term also includes a member of the State Police Force.

"Police station." The station or headquarters of a police department or a Pennsylvania State Police station or headquarters.

"Urgent care center." As defined in section 2 of the act of November 2, 2016 (P.L.976, No.122), known as the Safe Emergency Prescribing Act. (July 2, 2014, P.L.843, No.91, eff. 60 days; Dec. 22, 2017, P.L.1219, No.68, eff. 60 days; Oct. 31, 2024, P.L.1124, No.134, eff. 60 days) 2024 Amendment. Act 134 amended the defs. of "department" and "health care provider" and added the def. of "urgent care center." 2017 Amendment. Act 68 added the def. of "emergency services provider." 2014 Amendment. Act 91 amended the def. of "health care provider" and added the defs. of "police department," "police officer" and "police station." References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014. Section 6303(b), referred to in the def. of "child abuse," was deleted by Act 108 of 2013. Cross References. Section 6502 is referred to in sections 6303, 6315 of this title; section 4306 of Title 18 (Crimes and Offenses).
23 Pa.C.S. § 2713 — PA Code / Title 23 / Chapter 27 / Section 2713
When other consents not required.
Status: in_force

The court, in its discretion, may dispense with consents other than that of the adoptee to a petition for adoption when:

(1) the adoptee is over 18 years of age; or

(2) the adoptee is under 18 years of age and has no parent living whose consent is required.
23 Pa.C.S. § 4602 — PA Code / Title 23 / Chapter 46 / Section 4602
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Court." A court of common pleas and the Philadelphia Municipal Court.

"Department." The Department of Public Welfare of the Commonwealth. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
23 Pa.C.S. § 8201 — PA Code / Title 23 / Chapter 82 / Section 8201
Continuing, exclusive jurisdiction.
Status: in_force

(a) Extent.--A tribunal issuing a support order has continuing, exclusive jurisdiction over a support order unless otherwise provided by Part VIII (relating to uniform interstate family support) or this part.

(b) Faith and credit.--A tribunal shall recognize the continuing, exclusive jurisdiction of another tribunal which has issued a support order.
23 Pa.C.S. § 5509 — PA Code / Title 23 / Chapter 55 / Section 5509
Other liability of parent or child unaffected.
Status: in_force

The liability imposed upon parents by this chapter shall not limit the common-law liability of parents for damages caused by a child and shall be separate and apart from any liability which may be imposed upon the child.
23 Pa.C.S. § 6344.1 — PA Code / Title 23 / Chapter 63 / Section 6344.1
Information relating to certified or licensed child-care home residents.
Status: in_force

(a) General rule.--In addition to the requirements of section 6344 (relating to employees having contact with children; adoptive and foster parents), an individual who applies to the department for a certificate of compliance or a license to provide child day care in a residence shall include criminal history record and child abuse record information required under section 6344(b) for every individual 18 years of age or older who resides in the home for at least 30 days in a calendar year.

(b) Required information.--Child abuse record information required under subsection (a) shall include certification by the department as to whether the applicant is named in the Statewide database as the perpetrator of a founded report or an indicated report.

(c) Effect on certification or licensure.--The department shall refuse to issue or renew a certificate of compliance or license or shall revoke a certificate of compliance or license if the day-care home provider or individual 18 years of age or older who has resided in the home for at least 30 days in a calendar year:

(1) is named in the Statewide database as the perpetrator of a founded report committed within the immediately preceding five-year period; or

(2) has been convicted of an offense enumerated in section 6344(c).

(d) Regulations.--The department shall promulgate regulations to administer this section. (Nov. 29, 2006, P.L.1581, No.179, eff. 180 days; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014; May 14, 2014, P.L.653, No.45, eff. Dec. 31, 2014; Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014; July 1, 2015, P.L.94, No.15, eff. imd.)

Amendment. Act 15 amended the section heading and subsecs. (a) and (c). 2014 Amendments. Act 29 amended subsecs. (b) and (c)(1), Act 45 amended subsec. (b) and Act 153 amended the section heading and subsecs. (a), (b) and (c). 2006 Amendment. Act 179 added section 6344.1. Cross References. Section 6344.1 is referred to in section 6335 of this title.
23 Pa.C.S. § 2724 — PA Code / Title 23 / Chapter 27 / Section 2724
Testimony and investigation.
Status: in_force

(a) Testimony.--The court shall hear testimony in support of the petition and such additional testimony as it deems necessary to inform it as to the desirability of the proposed adoption. It shall require a disclosure of all moneys and consideration paid or to be paid to any person or institution in connection with the adoption.

(b) Investigation.--The court may request that an investigation be made by a person or public agency or, with its consent, a voluntary agency, specifically designated by the court to verify the statements of the petition and such other facts that will give the court full knowledge of the desirability of the proposed adoption, or the court may rely in whole or in part upon a report earlier made under section 2535 (relating to investigation). In any case, the age, sex, health, social and economic status or racial, ethnic or religious background of the child or adopting parents shall not preclude an adoption but the court shall decide its desirability on the basis of the physical, mental and emotional needs and welfare of the child.

(c) Payment of investigation costs.--The court may establish a procedure for the payment of investigation costs by the petitioners or by such other persons as the court may direct.
23 Pa.C.S. § 6377 — PA Code / Title 23 / Chapter 63 / Section 6377
Caseloads.
Status: in_force

The department by regulation shall set forth staff-to-family ratios for general protective services. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1997)

1994 Amendment. Act 151 added section 6377.
23 Pa.C.S. § 8103 — PA Code / Title 23 / Chapter 81 / Section 8103
Remedies cumulative.
Status: in_force

Remedies provided by this part are cumulative and do not affect the availability of remedies under other law. The procedures established by Pa.R.C.P. No. 1910.1 et seq. (relating to action for support) shall be used in preference to the procedures of this part unless any of the following applies:

(1) The tribunal or domestic relations section determines that use of this part is necessary for the effective establishment or enforcement of support because any of the following apply:

(i) After diligent effort, the obligee is unable to effect service upon the obligor.

(ii) It is not possible to enter an order against the obligor in the county where the obligee resides.

(iii) The obligor is already subject to an order for support in the case at bar or in any other case.

(2) The obligee requests proceedings under this part.
23 Pa.C.S. § 3503 — PA Code / Title 23 / Chapter 35 / Section 3503
Effect of divorce on property rights generally.
Status: in_force

Whenever a decree or judgment is granted which nullifies or absolutely terminates the bonds of matrimony, all property rights which are dependent upon the marital relation, except those which are vested rights, are terminated unless the court expressly provides otherwise in its decree. All duties, rights and claims accruing to either of the parties at any time theretofore in pursuance of the marriage shall cease, and the

parties shall severally be at liberty to marry again as if they had never been married.
23 Pa.C.S. § 5334 — PA Code / Title 23 / Chapter 53 / Section 5334
Guardian ad litem for child.
Status: in_force

(a) Appointment.--The court may on its own motion or the motion of a party appoint a guardian ad litem to represent the child in the action. The court may assess the cost upon the parties or any of them or as otherwise provided by law. The guardian ad litem must be an attorney at law.

(b) Powers and duties.--The guardian ad litem shall be charged with representation of the legal interests and the best interests of the child during the proceedings and shall do all of the following:

(1) If appropriate to the child's age and maturity, meet with the child as soon as possible following the appointment and on a regular basis thereafter.

(2) On a timely basis, be given access to relevant court records, reports of examination of the parents or other custodian of the child and medical, psychological and school records.

(3) Participate in all proceedings.

(4) Conduct such further investigation necessary to ascertain relevant facts for presentation to the court.

(5) Interview potential witnesses, including the child's parents and caretakers, if any. The guardian ad litem may examine and cross-examine witnesses and present witnesses and evidence necessary to protect the best interests of the child.

(6) Make specific recommendations in a written report to the court relating to the best interests of the child, including any services necessary to address the child's needs and safety. The court shall make the written report part of the record so that it may be reviewed by the parties. The parties may file with the court written comments regarding the contents of the report. The comments filed by the parties shall also become part of the record.

(7) Explain the proceedings to the child to the extent appropriate given the child's age, mental condition and emotional condition.

(8) Advise the court of the child's wishes to the extent that they can be ascertained and present to the court whatever evidence exists to support the child's wishes. When appropriate because of the age or mental and emotional condition of the child, determine to the fullest extent possible the wishes of the child and communicate this information to the court. A difference between the child's wishes under this paragraph and the recommendations under paragraph (6) shall not be considered a conflict of interest for the guardian ad litem.

(c) Abuse.--If substantial allegations of abuse are made, the court may appoint a guardian ad litem for the child if:

(1) counsel for the child is not appointed under section 5335 (relating to counsel for child); and

(2) the court is satisfied that the relevant information will be presented to the court only with such appointment.

(d) Evidence subject to examination.--A guardian ad litem may not testify except as authorized by Rule 3.7 of the Rules of Professional Conduct, but may make legal argument based on relevant evidence that shall be subject to examination by the parties.

(e) Costs.--The court may order a party to pay all or part of the costs of appointing a guardian ad litem under this section.

(f) Education and training.--A court appointing a guardian ad litem under this section shall make reasonable efforts to appoint a guardian ad litem who received evidence-based

education and training relating to child abuse, including child sexual abuse, domestic abuse education and the effect of child sexual abuse and domestic abuse on children. (Apr. 15, 2024, P.L.24, No.8, eff. 120 days) 2024 Amendment. Act 8 amended subsec. (c) and added subsec.

(f). See section 1 of Act 8 in the appendix to this title for special provisions relating to findings and declarations. Suspension by Court Rule. Section 5334 was suspended by Pennsylvania Rule of Civil Procedure No. 1915.25, effective April 1, 2023, insofar as it requires that a guardian ad litem be an attorney, permits the guardian ad litem to represent both the best interests and legal interests of the child, provides the guardian ad litem the right to examine, cross-examine, present witnesses and present evidence on behalf of the child, and prohibits the guardian ad litem from testifying.
23 Pa.C.S. § 6710 — PA Code / Title 23 / Chapter 67 / Section 6710
Emergency disclosure.
Status: in_force

(a) General rule.--The Office of Victim Advocate shall establish a system to respond to requests for emergency disclosures that will provide for 24-hour access to a program participant's actual address.

(b) Request for emergency disclosure.--A government agency may request that the Office of Victim Advocate disclose a program participant's actual address through the system established pursuant to subsection (a). The Office of Victim Advocate shall disclose a program participant's actual address if the disclosure:

(1) will prevent physical harm to a program participant or to a program participant's family member; or

(2) is made to a law enforcement agency for law enforcement purposes and the circumstances warrant immediate disclosure.

(c) Requirements for emergency disclosure.--Prior to disclosing a program participant's actual address pursuant to this section, the Office of Victim Advocate shall require:

(1) verification of the requester's identity and the requester's employment with a government agency;

(2) verification of the stated reason for the request to adequately ensure that emergency disclosure is required pursuant to subsection (b);

(3) proof, to the satisfaction of the Office of Victim Advocate, that other methods to locate the program participant or the program participant's actual address have been tried and have failed or that the methods reasonably appear to be unlikely to succeed given the circumstances of the stated reason for the request;

(4) that the program participant's actual address only be used by the requester or the agency to the extent necessary to respond to the stated reason for the request;

(5) that the requester and the requester's agency maintain the confidentiality of the actual address of the program participant; and

(6) that the requester and the requester's agency agree to dispose of the program participant's actual address as soon as practicable after the circumstances surrounding the stated reason for the request no longer require emergency disclosure pursuant to this section. Cross References. Section 6710 is referred to in section 6708 of this title.
23 Pa.C.S. § 5212 — PA Code / Title 23 / Chapter 52 / Section 5212
Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

To the extent permitted by section 102 of the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7002), this chapter may supersede provisions of that act.
23 Pa.C.S. § 7615 — PA Code / Title 23 / Chapter 76 / Section 7615
Jurisdiction to modify child support order of a foreign country.
Status: in_force

(a) Jurisdiction.--Except as otherwise provided under section 77A11 (relating to modification of convention child support order), if a foreign country lacks or refuses to exercise jurisdiction to modify a child support order issued by the foreign country under the foreign country's laws, a tribunal of this State may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual under section 7611 (relating to modification of child support order of another state) has been given or whether the individual seeking modification is a resident of this State or of a foreign country.

(b) Controlling order.--An order issued by a tribunal of this State modifying a foreign child support order under this section is the controlling order. Cross References. Section 7615 is referred to in section 7201 of this title.
23 Pa.C.S. § 3308 — PA Code / Title 23 / Chapter 33 / Section 3308
Action where defendant suffering from mental disorder.
Status: in_force

If a spouse is insane or suffering from serious mental disorder, an action may be commenced under this part against that spouse upon any ground for divorce or annulment.
23 Pa.C.S. § 7613 — PA Code / Title 23 / Chapter 76 / Section 7613
Jurisdiction to modify child support order of another state when individual parties reside in this State.
Status: in_force

(a) General rule.--If all of the parties who are individuals reside in this State and the child does not reside in the issuing state, a tribunal of this State has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.

(b) Applicable law.--A tribunal of this State exercising jurisdiction under this section shall apply the provisions of Chapters 71 (relating to general provisions) and 72 (relating to jurisdiction), this Chapter and the procedural and substantive law of this State to the proceeding for enforcement or modification. Chapters 73 (relating to civil provisions of general application), 74 (relating to establishment of support order or determination of parentage), 75 (relating to enforcement of support order without registration), 77A (relating to support proceeding under convention) and 78 (relating to interstate rendition) do not apply. (Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 28, 2015, P.L.559, No.94, eff. imd.) 1997 Amendment. Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support. Cross References. Section 7613 is referred to in sections 7610, 7611 of this title.
23 Pa.C.S. § 77A08 — PA Code / Title 23 / Chapter 77 / Section 77A08
Recognition and enforcement of registered convention support order.
Status: in_force

(a) General rule.--Except as otherwise provided in subsection (b), a tribunal of this State shall recognize and enforce a registered convention support order.

(b) Refusal of recognition or enforcement.--The following grounds are the only grounds on which a tribunal of this State may refuse recognition and enforcement of a registered convention support order:

(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard.

(2) The issuing tribunal lacked personal jurisdiction consistent with section 7201 (relating to bases for jurisdiction over nonresident).

(3) The order is not enforceable in the issuing country.

(4) The order was obtained by fraud in connection with a matter of procedure.

(5) A record transmitted in accordance with section 77A06 (relating to registration of convention support order) lacks authenticity or integrity.

(6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this State and that proceeding was the first to be filed.

(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this part in this State.

(8) Payment, to the extent alleged arrears have been paid in whole or in part.

(9) In a case in which the respondent did not appear and was not represented in the proceeding in the issuing foreign country:

(i) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

(ii) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal.

(10) The order was made in violation of section 77A11 (relating to modification of convention child support order).

(c) Procedure in certain situations.--If a tribunal of this State does not recognize a convention support order under subsection (b)(2), (4) or (9):

(1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and

(2) the department shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under section 77A04 (relating to initiation by department of support proceeding under convention). Cross References. Section 77A08 is referred to in sections 77A04, 77A05, 77A07, 77A11 of this title.
23 Pa.C.S. § 5206 — PA Code / Title 23 / Chapter 52 / Section 5206
Contents of petition.
Status: in_force

A petition under this chapter must be verified and include a copy of any existing child custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described under section 5207 (relating to factors to determine risk of abduction). Subject to section 5429(e) (relating to information to be submitted to court), if reasonably ascertainable, the petition must contain:

(1) the name, date of birth and gender of the child;

(2) the customary address and current physical location of the child;

(3) the identity, customary address and current physical location of the respondent;

(4) a statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or

other individual or entity having custody of the child and the date, location and disposition of the action;

(5) a statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking or child abuse or neglect and the date, location and disposition of the case; and

(6) any other information required to be submitted to the court for a child custody determination under section 5429.
23 Pa.C.S. § 8308 — PA Code / Title 23 / Chapter 83 / Section 8308
Private counsel.
Status: in_force

An individual may employ private counsel to represent the individual in proceedings authorized by this part.
23 Pa.C.S. § 8413 — PA Code / Title 23 / Chapter 84 / Section 8413
Contest of registration or enforcement.
Status: in_force

(a) Defenses.--A party contesting the validity of a registered order or seeking to vacate the registration has the burden of proving one of the following defenses:

(1) The issuing tribunal lacked personal jurisdiction over the contesting party.

(2) The order was obtained by fraud.

(3) The order has been vacated, suspended or modified by a later order.

(4) The issuing tribunal has stayed the order pending appeal.

(5) Full payment has been made and there is no continuing support obligation.

(b) Relief.--If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available.

(c) Affirmance.--If the contesting party does not establish a defense under subsection (a) to the validity of the order,

the registering tribunal shall issue an order confirming the order. Cross References. Section 8413 is referred to in section 8412 of this title.
23 Pa.C.S. § 7802 — PA Code / Title 23 / Chapter 78 / Section 7802
Conditions of rendition.
Status: in_force

(a) Extradition to this State.--Before making demand that the Governor of another state surrender an individual charged criminally in this State with having failed to provide for the support of an obligee, the Governor of this State may require a prosecutor of this State to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this part or that the proceeding would be of no avail.

(b) Extradition from this State.--If under this part or a law substantially similar to this part the Governor of another state makes a demand that the Governor of this State surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(c) Declining to honor demand.--If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) 2015 Amendment. Act 94 amended subsec. (b).
23 Pa.C.S. § 5603 — PA Code / Title 23 / Chapter 56 / Section 5603
Scope.
Status: in_force

The provisions of Chapter 53 (relating to custody) and 20 Pa.C.S. Ch. 25 (relating to wills) shall apply to standby guardians, coguardians, guardians, temporary guardians and any alternates unless otherwise specified in this chapter. Nothing in this chapter shall be construed to deprive any parent, custodial or noncustodial, of legal parental rights. Nothing in this chapter shall be construed to relieve any parent,

custodial or noncustodial, of a duty to support a child under the provisions of Chapter 43 (relating to support matters generally). (Oct. 23, 2018, P.L.583, No.88, eff. 60 days) References in Text. Former Chapter 53 (Custody), referred to in this section, is repealed. The subject matter is now contained in Chapter 53 (Child Custody).
23 Pa.C.S. § 4306 — PA Code / Title 23 / Chapter 43 / Section 4306
Duties of Title IV-D attorney.
Status: in_force

(a) General rule.--The county Title IV-D attorney shall at all times aid in the enforcement of the duty of child support and child and spousal support and shall cooperate with the domestic relations section in the presentation of complaints or in any proceeding designed to obtain compliance with any order of the court.

(b) Representation of complainant.--The district attorney, upon the request of the court or a Commonwealth or local public welfare official, shall represent any complainant in any proceeding under this subchapter.

(b.1) Representation of Commonwealth.--In matters relating to the establishment and enforcement of child support and child and spousal support, the Title IV-D interests of the Commonwealth shall be represented, where appropriate, by the county Title IV-D attorney in a proceeding for child support and child and spousal support.

(c) Joinder of Department of Public Welfare.--Whenever the record in any support action or proceeding indicates that the persons for whom support is sought have received public assistance from the Department of Public Welfare at any time since the initiation of the matter, the department may become a party to the action or proceeding by filing an entry of appearance. This entry of appearance may be entered without leave of court at any time and at any stage of the action or proceeding. (July 2, 1993, P.L.431, No.62, eff. imd.; Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998) 1997 Amendment. Act 58 amended the section heading and subsec. (a) and added subsec. (b.1). Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support. 1993 Amendment. Section 7 of Act 62 provided that subsec.

(c) shall apply to actions pending on the effective date of Act 62 under section 8(3) of Act 62. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
23 Pa.C.S. § 2934 — PA Code / Title 23 / Chapter 29 / Section 2934
Statement of medical and social history information.
Status: in_force

(a) Filing places.--A statement regarding medical and social history information may be filed with the following:

(1) The court that terminated parental rights.

(2) The court that finalized the adoption.

(3) The agency that coordinated the adoption.

(4) The information registry established under
23 Pa.C.S. § 5703 — PA Code / Title 23 / Chapter 57 / Section 5703
Law enforcement responsibilities.
Status: in_force

When law enforcement receives information from a county agency about a child who is missing from the child's residence or is abducted under section 5702(b) (relating to county responsibilities), law enforcement shall enter the information into the National Crime Information Center database.
23 Pa.C.S. § 7501.1 — PA Code / Title 23 / Chapter 75 / Section 7501.1
Employer's compliance with income-withholding order of another state.
Status: in_force

(a) Copy of order.--Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.

(b) Treatment of order.--The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this State.

(c) Withholding and distribution of funds.--Except as otherwise provided in subsection (d) and section 7501.2 (relating to compliance with multiple income-withholding orders), the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:

(1) the duration and amount of periodic payments of current child support, stated as a sum certain;

(2) the person or agency designated to receive payments and the address to which the payments are to be forwarded;

(3) medical support, whether in the form of periodic cash payments of a sum certain or order to the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;

(4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee's attorney, stated as sums certain; and

(5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

(d) Compliance with law of obligor's place of employment.--An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

(1) the employer's fee for processing an income-withholding order;

(2) the maximum amount permitted to be withheld from the obligor's income; and

(3) the times within which the employer must implement the withholding order and forward the child support payment. (Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998) 1997 Amendment. Act 58 added section 7501.1. Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support.
23 Pa.C.S. § 5430 — PA Code / Title 23 / Chapter 54 / Section 5430
Appearance of parties and child.
Status: in_force

(a) General rule.--In a child custody proceeding in this Commonwealth, the court may order a party to the proceeding who is in this Commonwealth to appear before the court in person with or without the child. The court may order any person who is in this Commonwealth and who has physical custody or control of the child to appear in person with the child.

(b) Party outside this Commonwealth.--If a party to a child custody proceeding whose presence is desired by the court is outside this Commonwealth, the court may order that a notice given pursuant to section 5408 (relating to notice to persons outside Commonwealth) include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.

(c) Personal safety.--The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.

(d) Expenses.--If a party to a child custody proceeding who is outside this Commonwealth is directed to appear under subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
23 Pa.C.S. § 4343 — PA Code / Title 23 / Chapter 43 / Section 4343
Paternity.
Status: in_force

(a) Determination.--Where the paternity of a child born out of wedlock is disputed, the determination of paternity shall be made by the court in a civil action without a jury. A putative father may not be prohibited from initiating a civil action to establish paternity. The burden of proof shall be by a preponderance of the evidence. Bills for pregnancy, childbirth, postnatal care related to the pregnancy and genetic testing are admissible as evidence without requiring third-party

foundation testimony and shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child. If there is clear and convincing evidence of paternity on the basis of genetic tests or other evidence, the court shall upon motion of a party issue a temporary order of support pending the judicial resolution of a dispute regarding paternity. The Supreme Court shall provide by general rule for entry of a default order establishing paternity upon a showing of service of process on the defendant and a subsequent failure to appear for scheduled genetic testing.

(b) Limitation of actions.--

(1) An action or proceeding under this chapter to establish the paternity of a child born out of wedlock must be commenced within 18 years of the date of birth of the child.

(2) As of August 16, 1984, the requirement of paragraph

(b)(1) shall also apply to any child for whom paternity has not yet been established and any child for whom a paternity action was brought but dismissed because of a prior statute of limitations of less than 18 years.

(c) Genetic tests.--

(1) Upon the request of any party to an action to establish paternity, supported by a sworn statement from the party, the court or domestic relations section shall require the child and the parties to submit to genetic tests. The domestic relations section shall obtain an additional genetic test upon the request and advance payment by any party who contests the initial test.

(2) Genetic test results indicating a 99% or greater probability that the alleged father is the father of the child shall create a presumption of paternity which may be rebutted only by clear and convincing evidence that the results of the genetic tests are not reliable in that particular case.

(3) To ensure the integrity of the specimen and that the proper chain of custody has been maintained, the genetic tests of the biological mother, the child or children in question and the alleged father should be conducted by an established genetic-testing laboratory in the course of its regularly conducted business activity, and certified records should be issued. The certified records shall be admissible into evidence without further foundation, authentication or proof of accuracy if no objection is made within ten days prior to trial. The laboratory must be certified by either the American Association of Blood Banks or the American Association for Histocompatibility and Immunogenetics.

(4) If the court or domestic relations section orders genetic testing, the domestic relations section shall pay the cost of the test, subject to recoupment from the alleged father if paternity is established.

(5) A determination of paternity made by another state, whether through judicial proceedings, administrative proceedings or by acknowledgment of paternity, shall be given full faith and credit in the courts of this Commonwealth.

(6) A determination of nonpaternity made by another state with respect to a public assistance recipient shall not be binding upon the Department of Public Welfare unless the defendant shows that the department had actual notice of the proceedings, including the date and time of any trial, and a fair opportunity to participate in all material proceedings through counsel of its own choice.

(Dec. 20, 1989, P.L.654, No.81, eff. imd.; Dec. 16, 1994, P.L.1286, No.150, eff. imd.; Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998) 1997 Amendment. Act 58 amended subsecs. (a) and (c)(1), (4) and (6). Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support. 1994 Amendment. Act 150 amended subsec. (c). Section 5 of Act 150 provided that the amendment of section 4343 shall apply to all actions pending on the effective date of Act 150. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014. Cross References. Section 4343 is referred to in section 4305 of this title.
23 Pa.C.S. § 4396 — PA Code / Title 23 / Chapter 43 / Section 4396
Penalties.
Status: in_force

An employer that fails to report pursuant to this subchapter may be provided a written warning for the first violation and is subject to a civil penalty of up to $25 for each violation which is subsequent to the warning. The civil penalty shall be payable to the Department of Labor and Industry. If the failure to report or the submission of a false report is the result of a conspiracy between the employer and the employee, the employer shall be subject to a civil penalty of up to $500.
23 Pa.C.S. § 1101 — PA Code / Title 23 / Chapter 11 / Section 1101
Short title of part.
Status: in_force

This part shall be known and may be cited as the Marriage Law.
23 Pa.C.S. § 5425 — PA Code / Title 23 / Chapter 54 / Section 5425
Notice; opportunity to be heard; joinder.
Status: in_force

(a) General rule.--Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of section 5408 (relating to notice to persons outside Commonwealth) must be given to all persons entitled to notice under the laws of this Commonwealth as in child custody proceedings between residents of this Commonwealth, any parent whose parental rights have not been previously terminated and any person having physical custody of the child.

(b) Lack of notice or opportunity to be heard.--This chapter does not govern the enforceability of a child custody determination made without notice or any opportunity to be heard.

(c) Joinder and intervention.--The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the laws of this Commonwealth as in child custody proceedings between residents of this Commonwealth.
23 Pa.C.S. § 6317 — PA Code / Title 23 / Chapter 63 / Section 6317
Mandatory reporting and postmortem investigation of deaths.
Status: in_force

A person or official required to report cases of suspected child abuse, including employees of a county agency, who has reasonable cause to suspect that a child died as a result of child abuse shall report that suspicion to the appropriate coroner or medical examiner. The coroner or medical examiner shall accept the report for investigation and shall report his finding to the police, the district attorney, the appropriate county agency and, if the report is made by a hospital, the hospital. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014) Cross References. Section 6317 is referred to in sections 6313, 6318, 6367 of this title.
23 Pa.C.S. § 6107 — PA Code / Title 23 / Chapter 61 / Section 6107
Hearings.
Status: in_force

(a) General rule.--Within ten business days of the filing of a petition under this chapter, a hearing shall be held before the court, at which the plaintiff must prove the allegation of abuse by a preponderance of the evidence. The court shall, at the time the defendant is given notice of the hearing, advise the defendant of the right to be represented by counsel, of the right to present evidence, of the right to compel attendance of witnesses, of the method by which witnesses may be compelled, of the possibility that any firearm, other weapon or ammunition owned and any firearm license possessed may be ordered temporarily relinquished, of the options for relinquishment of a firearm pursuant to this chapter, of the possibility that Federal or State law may prohibit the possession of firearms, including an explanation of 18 U.S.C. § 922(g)(8) (relating to unlawful acts) and 18 Pa.C.S. § 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms), and that any protection order granted by a court may be considered in any subsequent proceedings under this title. This notice shall be printed and delivered in a manner which easily attracts attention to its content and shall specify that child custody is one of the proceedings where prior protection orders may be considered.

(b) Temporary orders.--

(1) If a plaintiff petitions for temporary order for protection from abuse and alleges immediate and present danger of abuse to the plaintiff or minor children, the court shall conduct an ex parte proceeding.

(2) The court may enter such a temporary order as it deems necessary to protect the plaintiff or minor children when it finds they are in immediate and present danger of abuse. The order shall remain in effect until modified or terminated by the court after notice and hearing.

(3) In addition to any other relief, the court may, pursuant to section 6108 (relating to relief), direct that the defendant temporarily relinquish to the sheriff any firearms, other weapons or ammunition for the duration of the temporary order if the petition demonstrates any of the following:

(i) Abuse which involves a firearm or other weapon.

(ii) An immediate and present danger of abuse. In determining whether an immediate and present danger of abuse exists, the court shall consider a number of factors, including, but not limited to:

(A) Whether the temporary order of protection from abuse is not likely to achieve its purpose in the absence of such a condition.

(B) Whether the defendant has previously violated a protection from abuse order.

(C) Whether past or present abuse to the plaintiff or any of the plaintiff's minor children resulted in injury.

(D) Whether the abuse occurred in public.

(E) Whether the abuse includes:

(I) threats of abuse or suicide; (II) killing or threatening to kill pets; (III) an escalation of violence; (IV) stalking or obsessive behavior;

(V) sexual violence; or (VI) drug or excessive alcohol use.

(4) If the court orders the defendant to temporarily relinquish any firearm, other weapon or ammunition pursuant to paragraph (3), the defendant shall decide in what manner the defendant is going to relinquish any firearm, other weapon or ammunition listed in the order. Relinquishment may be to the sheriff pursuant to section 6108(a)(7) or to a third party for safekeeping pursuant to section 6108.3 (relating to relinquishment to third party for safekeeping).

(c) Continued hearings.--

(1) If a hearing under subsection (a) is continued and no temporary order is issued, the court may make ex parte temporary orders under subsection (b) as it deems necessary.

(2) If a hearing is scheduled to take place within three business days after a defendant is served under section 6106 (relating to commencement of proceedings), the court shall grant a continuance until the three-business-day period has elapsed, if requested by the defendant.

(3) The court shall notify the defendant of the right to such continuance. (Oct. 6, 1994, P.L.574, No.85, eff. 60 days; Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Nov. 10, 2005, P.L.335, No.66, eff. 180 days; Oct. 12, 2018, P.L.519, No.79, eff. 180 days)

2018 Amendment. Act 79 amended subsecs. (a) and (c). Act 79 shall apply to orders issued pursuant to 23 Pa.C.S. § 6108 on or after the effective date of section 11 of Act 79. 2005 Amendment. Act 66 amended subsecs. (a) and (b). Cross References. Section 6107 is referred to in sections 6106, 6108 of this title; section 6105 of Title 18 (Crimes and Offenses).
23 Pa.C.S. § 5452 — PA Code / Title 23 / Chapter 54 / Section 5452
Costs, fees and expenses.
Status: in_force

(a) General rule.--The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.

(b) Assessment against a state.--The court may not assess fees, costs or expenses against a state unless authorized by law other than this chapter. Cross References. Section 5452 is referred to in sections 5448, 5450 of this title.
23 Pa.C.S. § 3507 — PA Code / Title 23 / Chapter 35 / Section 3507
Division of entireties property between divorced persons.
Status: in_force

(a) General rule.--Whenever married persons holding property as tenants by entireties are divorced, they shall, except as otherwise provided by an order made under this chapter, thereafter hold the property as tenants in common of equal one-half shares in value, and either of them may bring an action against the other to have the property sold and the proceeds divided between them.

(b) Division of proceeds.--Except as provided in subsection

(c), the proceeds of a sale under this section, after the payment of the expenses of sale, shall be equally divided between the parties.

(c) Liens.--The amount of any lien entered of record jointly against both of the parties, together with any interest due on the lien and docket costs, shall be deducted from the proceeds of sale and the amount of the liens entered of record against either of the parties, together with any interest due on the liens and docket costs, shall be deducted from the share of the party against whom the lien is filed and paid to the person or persons to whom the amount of the lien is due and payable.

(d) Record of divorce decree.--No decree of divorce shall be effective to change the existing law relating to liens upon property held by tenants by the entireties except a decree of divorce that is valid in this Commonwealth and not until the decree of divorce or a certified copy of the decree is recorded in the office of the recorder of deeds of the county where the property is situate. The decree shall be indexed in the grantor's index against each of the tenants by the entireties. Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 1910.49, as amended March 30, 1994, provided that section 3507 shall not be deemed suspended or affected by Rules 1910.1 through 1910.31 governing actions for support insofar as section 3507 provides for tenancy in common of property held by the entireties after divorce.
23 Pa.C.S. § 4305 — PA Code / Title 23 / Chapter 43 / Section 4305
General administration of support matters.
Status: in_force

(a) Powers and duties.--Subject to any inconsistent general rules and to the supervision and direction of the court, the domestic relations section shall have the power and duty to:

(1) Process all complaints received under Parts VIII (relating to uniform interstate family support) and VIII-A (relating to intrastate family support).

(2) Make such investigation as may be necessary.

(3) Take charge of any obligor before or after hearing, as may be directed by the court.

(4) Collect and pay over to the persons entitled thereto moneys received pursuant to support proceedings.

(5) Keep a full and complete record of all support proceedings, including orders of the court.

(6) Keep account of all payments made under order of court and promptly bring to the attention of the court and the district attorney any default in compliance with any order of court.

(6.1) In the case of a dispute as to the amount of an order of support proposed by the domestic relations section, issue a temporary order of support pending judicial determination. A temporary order of support under this paragraph may not be for less than the full amount of the proposed order of support being disputed.

(7) Make effective the orders of support entered.

(8) Furnish the court with such information and assistance as it may require and generally perform such services as it may direct relating to support proceedings.

(9) Inform both parties to a support action that guidelines as specified in section 4322 (relating to support guidelines) are available in the domestic relations section.

(10) Implement safeguards applicable to all confidential information received by the domestic relations section in order to protect the privacy rights of the parties, including:

(i) safeguards against unauthorized use or disclosure of information relating to proceedings or actions to establish paternity or to establish, modify or enforce support or to make or enforce a child custody determination;

(ii) prohibitions against the release of information on the whereabouts of one party or the child to another

party against whom a protective order with respect to the former party or the child has been entered; and

(iii) prohibitions against the release of information on the whereabouts of one party or the child to another person if the domestic relations section has reason to believe that the release of the information may result in physical or emotional harm to the party or the child.

(11) Initiate judicial proceedings to void a fraudulent transfer or obtain a settlement from the transferee in the best interests of the child support obligee.

(b) Additional powers.--Subject to the supervision and direction of the court but without the need for prior judicial order, the domestic relations section shall have the power to expedite the establishment and enforcement of support to:

(1) Order genetic testing for the purpose of paternity establishment pursuant to section 4343 (relating to paternity).

(2) Issue subpoenas against any entity within this Commonwealth, including for-profit, not-for-profit and governmental employers, to require production of information regarding the employment, compensation and benefits of any individual employed by the entity as an employee or contractor.

(3) Access records of all State and local government agencies, including the following:

(i) vital statistic records, including records of marriage, birth and divorce;

(ii) State and local tax and revenue records, including information on residence address, employer, income and assets;

(iii) records of real and titled personal property;

(iv) records of occupational and professional licenses;

(v) records of the ownership and control of corporations, partnerships and other business entities;

(vi) employment security records;

(vii) records of agencies administering public assistance programs;

(viii) motor vehicle registration and operator licensing records;

(ix) probation and parole records; and

(x) corrections records.

(4) Issue subpoenas for the records of public utilities and cable television companies with respect to individuals who are owed support or against whom or with respect to whom a support obligation is sought, consisting of the names and addresses of the individuals or of their employers.

(5) Issue subpoenas for the records held by financial institutions with respect to individuals who are owed support or against whom or with respect to whom a support obligation is sought.

(6) Issue subpoenas for financial or other information needed to establish, modify or enforce a support order.

(7) Issue orders directing an obligor or other payor to change the payee of a support order.

(8) Order income withholding pursuant to section 4348 (relating to attachment of income).

(9) Increase the amount of monthly support payments for the payment of arrearages as may be provided by general rule or previous court order.

(10) Issue orders in cases where there is a support arrearage to secure assets to satisfy current support obligation and the arrearage by:

(i) Intercepting or seizing periodic or lump sum payments from a government agency, including unemployment compensation, workers' compensation and other benefits.

(ii) Intercepting or seizing judgments or settlements.

(iii) Attaching and seizing assets of the obligor held in financial institutions.

(iv) Attaching public and private retirement funds.

(v) Imposing liens on property.

(vi) Directing the sheriff to levy and sell other real or personal property.

(11) Transmit to another state a request for assistance in a case involving the enforcement of a support order and sufficient information to enable the state to which the request is transmitted to compare the information to the information in the data bases of the state. The transmittal shall serve as a certification of arrears and a certification that the state has complied with all procedural due process requirements applicable to the case.

(12) Respond to a request for assistance received from another state. The response shall confirm the receipt of the request, the action taken and the amount of support collected and specify any additional information or action required of the requesting tribunal to obtain enforcement of the child support obligation.

(c) Civil penalty.--In addition to initiating contempt proceedings, the domestic relations section may assess a civil administrative penalty of up to $1,000 per violation upon any person or entity which fails to comply with a subpoena or request for information under subsection (b)(2).

(d) Due process and judicial review procedures.--Subject to general rules which may be promulgated by the Supreme Court, each court shall establish due process and judicial review procedures for domestic relations sections exercising powers under this section.

(e) Transmission of information.--All information transmitted to this Commonwealth from another state for purposes of establishing or enforcing an order of support under this chapter may be transmitted electronically or by other methods. (Mar. 25, 1988, P.L.296, No.35, eff. imd.; Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998) 1997 Amendment. Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support.
23 Pa.C.S. § 4309 — PA Code / Title 23 / Chapter 43 / Section 4309
Publication of delinquent support obligors.
Status: in_force

(a) General rule.--Any county, through its domestic relations section, may publish the names of delinquent support obligors who are in arrears 30 days or more in newspapers of general or special circulation in the county.

(b) Immunity.--The county, its officials and newspapers shall be immune from any and all criminal and civil liability as a result of the publication of names and identities under subsection (a), unless the publication is a result of intentional misconduct by the county, its officials or newspapers. (July 2, 1993, P.L.431, No.62, eff. 60 days) 1993 Amendment. Act 62 added section 4309.
23 Pa.C.S. § 6367 — PA Code / Title 23 / Chapter 63 / Section 6367
Reports to department and coroner.
Status: in_force

(a) Reports to department.--Upon the receipt of each report of suspected child abuse made pursuant to this chapter, the county agency shall immediately transmit a child abuse report summary as provided in section 6313 (relating to reporting procedure) to the department. Supplemental reports shall be made at regular intervals thereafter in a manner and form the department prescribes by regulation to the end that the department is kept fully informed and up-to-date concerning the status of reports of child abuse.

(b) Reports to coroner.--The county agency shall give telephone notice and forward immediately a copy of reports made pursuant to this chapter which involve the death of a child to the appropriate coroner pursuant to section 6317 (relating to mandatory reporting and postmortem investigation of deaths).

(c) Child deaths and near fatalities.--A county agency shall immediately provide information to the department regarding its involvement with the child and with the child's parent, guardian or custodian when a child dies or nearly dies and child abuse is suspected. The county agency shall inform the department of any history of child protective or general protective services provided to the child prior to the child's death or near fatality and of services provided to other children of the child's parent, guardian or custodian by the county agency or by court order. The county agency shall inform the department if the child was in the agency's custody at the time of the child's death or near fatality. The county agency shall provide this information in writing on forms provided by the department within 48 hours of the oral report. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; July 3, 2008, P.L.276, No.33, eff. 180 days) 2008 Amendment. Act 33 added subsec. (c). Cross References. Section 6367 is referred to in section 6341 of this title.
23 Pa.C.S. § 6705 — PA Code / Title 23 / Chapter 67 / Section 6705
Application and certification process.
Status: in_force

(a) General rule.--A person must file an application with the Office of Victim Advocate on a form prescribed by the Office of Victim Advocate. An application and any supporting documentation may be filed electronically, by mail or in person. The Office of Victim Advocate shall certify eligible applicants as program participants in accordance with the procedures outlined in subsection (b). Certification shall be valid for a period of three years following the date of certification unless the certification is withdrawn or canceled before the expiration of that period.

(b) Requirements for certification.--The Office of Victim Advocate shall certify an applicant as a program participant if:

(1) The applicant meets the eligibility requirements under section 6704 (relating to persons eligible to apply).

(2) The applicant designates the Office of Victim Advocate as an agent for the purpose of receiving service of process.

(3) The application contains the applicant's actual address and telephone number where the applicant can be contacted.

(4) The application contains a list of all pending civil and criminal proceedings in which the applicant is a victim, witness, plaintiff or defendant and, if applicable, the applicant's involvement with State and county probation and parole.

(5) The application contains a statement signed by the applicant affirming that the information provided by the applicant is true to the best of the applicant's information, knowledge and belief.

(6) The application contains a statement signed by the applicant acknowledging that the applicant has a continuing duty to notify the Office of Victim Advocate of any change in the information provided to the Office of Victim Advocate in accordance with this chapter. The duty shall remain in effect for the duration of participation in the program.

(7) The application contains the date, the applicant's signature and the signature of any person who assisted in the preparation of the application. (July 7, 2022, P.L.501, No.50, eff. 60 days) 2022 Amendment. Act 50 amended subsec. (a). Section 4(2) of Act 50 provided that the Office of Victim Advocate may promulgate regulations to effectuate the amendment of subsec.

(a). Cross References. Section 6705 is referred to in section 6711 of this title.
23 Pa.C.S. § 6504.1 — PA Code / Title 23 / Chapter 65 / Section 6504.1
Police officers accepting newborns.
Status: in_force

(a) Duties.--A police officer at a police station shall do all of the following relating to a newborn accepted under this chapter:

(1) Take the newborn into protective custody under section 6315(a)(5) (relating to taking child into protective custody).

(2) Ensure the newborn is transported to a hospital and placed into the care of a health care provider under section 6504 (relating to health care providers accepting newborns).

(b) Information.--When a police officer accepts a newborn pursuant to this chapter, a parent may provide the police officer with information about the newborn's medical history and any identifying information. (July 2, 2014, P.L.843, No.91, eff. 60 days) 2014 Amendment. Act 91 added section 6504.1. Cross References. Section 6504.1 is referred to in sections 6504, 6505 of this title.
23 Pa.C.S. § 5201 — PA Code / Title 23 / Chapter 52 / Section 5201
Scope of chapter.
Status: in_force

This chapter relates to uniform child abduction prevention.
23 Pa.C.S. § 2505 — PA Code / Title 23 / Chapter 25 / Section 2505
Counseling.
Status: in_force

(a) List of counselors.--Any hospital or other facility providing maternity care shall provide a list of available counselors and counseling services compiled pursuant to subsection (b) to its maternity patients who are known to be considering relinquishment or termination of parental rights pursuant to this part. The patient shall sign an acknowledgment of receipt of such list prior to discharge, a copy of which receipt shall be provided to the patient.

(b) Compilation of list.--The court shall compile a list of qualified counselors and counseling services (including all adoption agencies) which are available to counsel natural parents within the county who are contemplating relinquishment or termination of parental rights pursuant to this part. Such list shall be distributed to every agency, hospital or other facility providing maternity care within the county and shall be made available upon request to any intermediary or licensed health care professional.

(c) Court referral.--Prior to entering a decree of termination of parental rights pursuant to section 2503 (relating to hearing) or 2504 (relating to alternative procedure for relinquishment), if the parent whose rights are to be terminated is present in court, the court shall inquire whether he or she has received counseling concerning the termination and the alternatives thereto from an agency or from a qualified counselor listed by a court pursuant to subsection (b). If the parent has not received such counseling, the court may, with the parent's consent, refer the parent to an agency or qualified counselor listed by a court pursuant to subsection (b) for the purpose of receiving such counseling. In no event shall the court delay the completion of any hearing pursuant to section 2503 or 2504 for more than 15 days in order to provide for such counseling.

(d) Application for counseling.--Any parent who has filed a petition to relinquish his or her parental rights, or has executed a consent to adoption, and is in need of counseling concerning the relinquishment or consent, and the alternatives thereto, may apply to the court for referral to an agency or qualified counselor listed by a court pursuant to subsection

(b) for the purpose of receiving such counseling. The court, in its discretion, may make such a referral where it is satisfied that this counseling would be of benefit to the parent.

(e) Counseling fund.--Except as hereinafter provided, each report of intention to adopt filed pursuant to section 2531 (relating to report of intention to adopt) shall be accompanied by a filing fee in the amount of $75 which shall be paid into a segregated fund established by the county. The county may also make supplemental appropriations to the fund. All costs of counseling provided pursuant to subsection (c) or (d) to individuals who are unable to pay for such counseling shall be paid from the fund. No filing fee may be exacted under this subsection with respect to the adoption of a special needs child who would be eligible for adoption assistance pursuant to regulations promulgated by the Department of Public Welfare.

In addition, the court may reduce or waive the fee in cases of demonstrated financial hardship. (June 23, 1982, P.L.617, No.174, eff. 60 days; May 21, 1992, P.L.228, No.34, eff. 60 days) References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
23 Pa.C.S. § 2534 — PA Code / Title 23 / Chapter 25 / Section 2534
Exhibits.
Status: in_force

The report of the intermediary shall have attached to it the following exhibits:

(1) A birth certificate or certification of registration of birth of the child if it can be obtained.

(2) All consents to adoption required by section 2711 (relating to consents necessary to adoption).

(3) A certified copy of any decree of termination of parental rights or parental rights and duties made by a court other than the court in which the petition for adoption will be filed. Cross References. Section 2534 is referred to in section 2702 of this title.
23 Pa.C.S. § 1901 — PA Code / Title 23 / Chapter 19 / Section 1901
Actions for alienation of affections abolished.
Status: in_force

(a) General rule.--All civil causes of action for alienation of affections of husband or wife are abolished.

(b) Exception.--Subsection (a) does not apply to cases where the defendant is a parent, brother or sister or a person formerly in loco parentis to the spouse of plaintiff.
23 Pa.C.S. § 2553 — PA Code / Title 23 / Chapter 25 / Section 2553
Registration of children.
Status: in_force

(a) Mandatory registration.--PACE shall register and be responsible for the review and referral of children for whom parental rights have been terminated for 90 days and for whom no report of intention to adopt has been filed in the court of common pleas.

(b) Optional registration.--PACE may also register children where restoration to the biological family is neither possible nor appropriate, a petition to terminate parental rights has been filed and adoption is planned pending identification of an adoptive parent or parents. However, information about these children shall not be publicized without prior approval by the department, which shall ensure the anonymity of these children until such time as parental rights are terminated.

(c) Children excluded from registration.--A child for whom termination of parental rights is being appealed in a court shall not be registered with PACE as available for adoption. Identifying information of such children shall be forwarded to PACE by the agency, with reference to the specific reason for which the child is not to be placed on the listing service. Cross References. Section 2553 is referred to in section 2555 of this title.
23 Pa.C.S. § 2501 — PA Code / Title 23 / Chapter 25 / Section 2501
Relinquishment to agency.
Status: in_force

(a) Petition.--When any child under the age of 18 years has been in the care of an agency for a minimum period of three days or, whether or not the agency has the physical care of the child, the agency has received a written notice of the present intent to transfer to it custody of the child, executed by the parent, the parent or parents of the child may petition the court for permission to relinquish forever all parental rights and duties with respect to their child.

(b) Consents.--The written consent of a parent or guardian of a petitioner who has not reached 18 years of age shall not be required. The consent of the agency to accept custody of the child until such time as the child is adopted shall be required. Cross References. Section 2501 is referred to in sections 2503, 2521 of this title.
23 Pa.C.S. § 5336 — PA Code / Title 23 / Chapter 53 / Section 5336
Access to records and information.
Status: in_force

(a) General rule.--Except as provided in subsections (b) and (c):

(1) A party granted sole or shared legal custody under section 5323 (relating to award of custody) shall be provided access to:

(i) the medical, dental, religious and school records of the child;

(ii) the address of the child and any other party; and

(iii) any other information that the court deems necessary or proper.

(2) Access to any records and information pertaining to the child may not be denied solely based upon a parent's physical custody schedule.

(3) Upon request, a parent, party or entity possessing any information set forth in paragraph (1) shall provide it to any party granted sole or shared legal custody.

(b) Nondisclosure of confidential information.--The court shall not order the disclosure of any of the following information to any parent or party granted custody:

(1) The address of a victim of abuse.

(2) Confidential information from an abuse counselor or shelter.

(3) Information protected under Chapter 67 (relating to domestic and sexual violence victim address confidentiality).

(4) Information independently protected from disclosure by the child's right to confidentiality under the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, or any other statute.

(c) Other information.--The court may determine not to release information set forth in subsection (a), in which case it shall state the reason for its denial on the record. Cross References. Section 5336 is referred to in section 5337 of this title.
23 Pa.C.S. § 5457 — PA Code / Title 23 / Chapter 54 / Section 5457
Costs and expenses.
Status: in_force

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under section 5455 (relating to role of prosecutor or public official) or 5456 (relating to role of law enforcement).
23 Pa.C.S. § 6344.4 — PA Code / Title 23 / Chapter 63 / Section 6344.4
Recertification.
Status: in_force

New certifications shall be obtained in accordance with the following:

(1) Effective December 31, 2014:

(i) Except as provided in subparagraph (v), a person identified in section 6344 (relating to employees having contact with children; adoptive and foster parents) shall be required to obtain the certifications required by this chapter every 60 months.

(ii) School employees identified in section 6344(a.1)(1) shall be required to obtain reports under section 111 of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, and under section 6344(b)(2) every 60 months.

(iii) Any person identified in section 6344 with a current certification issued prior to the effective date of this section shall be required to obtain the certifications required by this chapter within 60 months from the date of the person's oldest certification or, if the current certification is older than 60 months, within one year of the effective date of this section.

(iv) A person identified in section 6344 without a certification or who was previously not required to have a certification shall be required to obtain the certifications required by this chapter no later than December 31, 2015.

(2)

(i) Effective August 25, 2015, a person identified in section 6344.2 (relating to volunteers having contact with children) shall be required to obtain the certifications required by this chapter every 60 months from the date of the person's most recent certification or, if the current certification is older than 60 months, within one year of the effective date of this section.

(ii) A person identified under section 6344.2 without a certification or who was previously not required to have a certification shall be required to obtain the certifications required by this chapter no later than July 1, 2016.

(3) For renewals of certification required under this chapter, the date for required renewal under this section shall be from the date of the oldest certification under section 6344(b). (Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014; July 1, 2015, P.L.94, No.15, eff. imd.) Special Provisions in Appendix. See section 15 of Act 153 of 2014 in the appendix to this title for special provisions relating to study by Department of Human Services. References in Text. Subparagraph (v), referred to in paragraph (1)(i), does not exist. Cross References. Section 6344.4 is referred to in sections 6344, 6344.3, 6387 of this title.
23 Pa.C.S. § 6372 — PA Code / Title 23 / Chapter 63 / Section 6372
Protecting well-being of children maintained outside home.
Status: in_force

The county agency shall be as equally vigilant of the status, well-being and conditions under which a child is living and being maintained in a facility other than that of a parent, custodian or guardian from which the child has been removed as the service is of the conditions in the dwelling of the parent, custodian or guardian. Where the county agency finds that the placement for any temporary or permanent custody, care or treatment is for any reason inappropriate or harmful in any way to the physical or mental well-being of the child, it shall take immediate steps to remedy these conditions including petitioning the court. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995)
23 Pa.C.S. § 7801 — PA Code / Title 23 / Chapter 78 / Section 7801
Grounds for rendition.
Status: in_force

(a) Definition of Governor.--For purposes of this chapter, "Governor" includes an individual performing the functions of Governor or the executive authority of a state covered by this part.

(b) Authority of Governor.--The Governor of this State may do either of the following:

(1) Demand that the Governor of another state surrender an individual found in the other state who is charged criminally in this State with having failed to provide for the support of an obligee.

(2) On the demand by the Governor of another state, surrender an individual found in this State who is charged criminally in the other state with having failed to provide for the support of an obligee.

(c) Extended extradition.--A provision for extradition of individuals not inconsistent with this part applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from the demanding state. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) 2015 Amendment. Act 94 amended subsec. (b).
23 Pa.C.S. § 2910 — PA Code / Title 23 / Chapter 29 / Section 2910
Penalty for unauthorized disclosure.
Status: in_force

Any officer or employee of the court, other than a judge thereof, the Department of Health, the Department of Public Welfare or any agency who willfully discloses impounded or otherwise confidential information relating to an adoption, other than as expressly authorized and provided in this chapter, commits a misdemeanor of the third degree. (Dec. 12, 1984, P.L.979, No.195, eff. 60 days; Dec. 20, 1995, P.L.685, No.76, eff. 60 days) References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
23 Pa.C.S. § 5428 — PA Code / Title 23 / Chapter 54 / Section 5428
Jurisdiction declined by reason of conduct.
Status: in_force

(a) General rule.--Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction) or by other laws of this Commonwealth, if a court of this Commonwealth has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:

(1) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

(2) a court of the state otherwise having jurisdiction under sections 5421 (relating to initial child custody jurisdiction) through 5423 (relating to jurisdiction to modify determination) determines that this Commonwealth is a more appropriate forum under section 5427 (relating to inconvenient forum); or

(3) no court of any other state would have jurisdiction under the criteria specified in sections 5421 through 5423.

(b) Jurisdiction declined; remedy.--If a court of this Commonwealth declines to exercise its jurisdiction pursuant to subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under sections 5421 through 5423.

(c) Jurisdiction declined; expenses.--If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary

and reasonable expenses, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs or expenses against this Commonwealth unless authorized by law other than this chapter. Cross References. Section 5428 is referred to in section 5421 of this title.
23 Pa.C.S. § 8203 — PA Code / Title 23 / Chapter 82 / Section 8203
Credit for payments.
Status: in_force

Amounts collected and credited for a particular period pursuant to a support order issued by one tribunal must be credited against the amounts accruing or accrued for the same period under a support order issued by another tribunal.
23 Pa.C.S. § 4344 — PA Code / Title 23 / Chapter 43 / Section 4344
Contempt for failure of obligor to appear.
Status: in_force

A person who willfully fails or refuses to appear in response to a duly served order or other process under this chapter may, as prescribed by general rule, be adjudged in contempt. Contempt shall be punishable by any one or more of the following:

(1) Imprisonment for a period not to exceed six months.

(2) A fine not to exceed $500.

(3) Probation for a period not to exceed six months. Cross References. Section 4344 is referred to in section 4345 of this title.
23 Pa.C.S. § 2914 — PA Code / Title 23 / Chapter 29 / Section 2914
Immunity from liability.
Status: in_force

(a) General rule.--A person or agency, including the Commonwealth and any of its governmental subdivisions, that participates in good faith in providing services under this chapter has immunity from civil liability that may otherwise result by reason of an action or a failure to act under this chapter.

(b) Presumption of good faith.--For the purpose of a civil proceeding, the good faith of any person or agency that provides services pursuant to this chapter is presumed.
23 Pa.C.S. § 8402 — PA Code / Title 23 / Chapter 84 / Section 8402
Procedure to register order.
Status: in_force

(a) General rule.--A support order may be registered by sending the following documents and information to the appropriate tribunal:

(1) A letter of transmittal to the tribunal requesting registration and enforcement.

(2) Two copies, including one certified copy, of the order to be registered, including any modification of the order.

(3) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage.

(4) The name of the obligor and, if known:

(i) the obligor's address and Social Security number;

(ii) the name and address of the obligor's employer and any other source of income of the obligor; and

(iii) a description and the location of property of the obligor not exempt from execution.

(5) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.

(b) Docketing.--On receipt of a request for registration, the registering tribunal shall file the order as a foreign judgment, together with one copy of the documents and information, regardless of their form.
23 Pa.C.S. § 6302 — PA Code / Title 23 / Chapter 63 / Section 6302
Findings and purpose of chapter.
Status: in_force

(a) Findings.--Abused children are in urgent need of an effective child protective service to prevent them from suffering further injury and impairment.

(b) Purpose.--It is the purpose of this chapter to encourage more complete reporting of suspected child abuse; to the extent permitted by this chapter, to involve law enforcement agencies in responding to child abuse; and to establish in each county protective services for the purpose of investigating the reports swiftly and competently, providing protection for children from further abuse and providing rehabilitative services for children and parents involved so as to ensure the child's well-being and to preserve, stabilize and protect the integrity of family life wherever appropriate or to provide another alternative permanent family when the unity of the family cannot be maintained. It is also the purpose of this chapter to ensure that each county children and youth agency establish a program of protective services with procedures to assess risk of harm to a child and with the capabilities to respond adequately to meet the needs of the family and child who may be at risk and to prioritize the response and services to children most at risk.

(c) Effect on rights of parents.--This chapter does not restrict the generally recognized existing rights of parents to use reasonable supervision and control when raising their children. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 15, 1998, P.L.963, No.127, eff. Mar. 1, 1999) 1998 Amendment. Act 127 amended subsec. (b).
23 Pa.C.S. § 3309 — PA Code / Title 23 / Chapter 33 / Section 3309
General appearance and collusion.
Status: in_force

The entry of a general appearance by, or in behalf of, a defendant does not constitute collusion. Collusion shall be found to exist only where the parties conspired to fabricate grounds for divorce or annulment, agreed to and did commit perjury or perpetrated fraud on the court. Negotiation and discussion of terms of property settlement and other matters arising by reason of contemplated divorce or annulment do not constitute collusion.
23 Pa.C.S. § 77A06 — PA Code / Title 23 / Chapter 77 / Section 77A06
Registration of convention support order.
Status: in_force

(a) Registration required.--Except as otherwise provided in this chapter, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this State as provided in
23 Pa.C.S. § 5482 — PA Code / Title 23 / Chapter 54 / Section 5482
Severability.
Status: in_force

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
23 Pa.C.S. § 7206 — PA Code / Title 23 / Chapter 72 / Section 7206
Continuing jurisdiction to enforce child support orders.
Status: in_force

(a) Initiating tribunal.--A tribunal of this State that has issued a child support order consistent with the law of this State may serve as an initiating tribunal to request a tribunal of another state to enforce:

(1) the order, if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction under a law substantially similar to this part; or

(2) a money judgment for arrears of support and interest on the order that accrued before a determination that an order of a tribunal of another state is the controlling order.

(b) Responding tribunal.--A tribunal of this State having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.

(c) Lack of jurisdiction.--(Deleted by amendment). (Dec. 28, 2015, P.L.559, No.94, eff. imd.) Cross References. Section 7206 is referred to in sections 7202.1, 7207 of this title.
23 Pa.C.S. § 5 — PA Code / Title 23 / Chapter 5 / Section 5
Construction of Divorce Code.
Status: in_force

The provisions of 23 Pa.C.S. Pt. IV (relating to divorce) shall apply to all cases, whether the cause for divorce or annulment arose prior or subsequent to the enactment of this act. The provisions of 23 Pa.C.S. Pt. IV shall not affect any suit or action pending on the effective date of the Divorce Code of 1980, but the suit or action may be proceeded with and concluded either under the laws in existence when the suit or action was instituted, notwithstanding the repeal of such laws,

or, upon application granted, under the provisions of 23 Pa.C.S. Pt. IV. The provisions of 23 Pa.C.S. Pt. IV shall not apply to any case in which a decree has been rendered prior to the effective date of the Divorce Code of 1980. The provisions of 23 Pa.C.S. Pt. IV shall not affect any marital agreement executed prior to the effective date of the Divorce Code of 1980 or any amendment or modification thereto. Explanatory Note. Act 206 added Parts I, II, IV and VII, Chapters 41, 51 and 55, Subchapter E of Chapter 25 and
23 Pa.C.S. § 5615 — PA Code / Title 23 / Chapter 56 / Section 5615
Conflicting documents.
Status: in_force

If a parent has appointed a testamentary guardian of the person or estate of a minor by will under 20 Pa.C.S. § 2519 (relating to testamentary guardian) and there is a conflict between that will and a duly executed written standby guardian designation, the document latest in date of execution shall prevail.
23 Pa.C.S. § 4104 — PA Code / Title 23 / Chapter 41 / Section 4104
Right of married person to separate earnings.
Status: in_force

Except as otherwise provided in this title, the separate earnings of any married person of this Commonwealth, whether these earnings are wages for labor, salary, property, business or otherwise, shall accrue to and enure to the separate benefit and use of that married person independently of the other spouse, and so as not to be subject to any legal claim of the other spouse. However, in any action in which the ownership of such property is in dispute, the person claiming such property shall be compelled, in the first instance, to show title and ownership in the property.
23 Pa.C.S. § 5621 — PA Code / Title 23 / Chapter 56 / Section 5621
Designation.
Status: in_force

(a) General rule.--Except as provided in subsection (b), a custodial parent may designate a temporary guardian by means of a written designation unless the minor has another parent or adoptive parent:

(1) whose parental rights have not been terminated or relinquished;

(2) whose whereabouts are known; and

(3) who is willing and able to make and carry out the day-to-day child-care decisions concerning the minor.

(b) Exception where other parent consents.--Notwithstanding subsection (a), a parent, legal custodian or legal guardian may designate a temporary guardian with the consent of the other parent.

(c) Contents.--

(1) A designation of a temporary guardianship shall identify the custodial parent, the minor or minors, any other parent, the temporary guardian and the triggering event or events upon which a named temporary guardian shall become a coguardian or guardian. The designation shall also include the signed consent of the temporary guardian and the signed consent of any other parent or an indication why the other parent's consent is not necessary.

(2) The designation shall be signed by the designating parent in the presence of two witnesses who are 18 years of age or older and not otherwise named in the designation, who shall also sign the designation.

(3) A parent may also but need not designate an alternate in the designation.

(4) A designation may but need not be in the following form: ............................................................. (Insert name of designator) do hereby appoint ............................................................. (Insert name, address and telephone number of temporary guardian) as the temporary guardian of ............................................................. (Insert name(s) of minor(s) to take effect upon ..................................................... (Date). I am the mother/father/other to............................ ............................................................. (Insert name(s) of minor(s)). ............................................................. (Insert name(s) of other parent(s) of minor(s)) is the father/mother/other of ..................................... ............................................................. (Insert name(s) of minor(s)). By this designation, I am granting......................... (Insert name of temporary guardian) the authority to act for 90 days following the occurrence of........................ as a coguardian with me or as guardian of my minor child(ren). It is my intention to retain full parental rights to the extent consistent with my condition and to retain the authority to revoke the temporary guardianship if I so choose. This designation is made after careful reflection, while I am of sound mind. ................................. ............................ (Designator's signature) (Date) ................................. ............................ (Witness's signature) (Witness's signature) ................................. ............................ (Number and Street) (Number and Street) ................................. ............................ (City, State and Zip Code) (City, State and Zip Code) If applicable: I, ........................................, (Insert name of other parent) hereby consent to this designation. ................................. ............................ (Signature of other parent) (Date) .............................................................

(Address of other parent) I, .......................................................... (Insert name of temporary guardian), hereby accept my nomination as temporary guardian of........................ ............................................................. (Insert minor(s)'s name(s)). I understand that my rights and responsibilities toward the minor child(ren) named above will become effective upon...........................(Date) I further understand that in order to continue as temporary guardian for the child(ren), I must file a petition with the court of common pleas within 30 days of the order granting the petition for temporary guardianship. ................................. ............................ (Date) (Signature of temporary guardian) NOTARY SEAL I hereby revoke the above temporary guardianship agreement. ..........................................(Parent signature) .......................................................(Date) NOTARY SEAL
23 Pa.C.S. § 6110 — PA Code / Title 23 / Chapter 61 / Section 6110
Emergency relief by minor judiciary.
Status: in_force

(a) General rule.--When:

(1) in counties with less than four judges, the court is unavailable:

(i) from the close of business at the end of each day to the resumption of business the next morning;

(ii) from the end of the business week to the beginning of the business week; and

(iii) during the business day by reason of duties outside the county, illness or vacation;

(2) in counties with at least four judges, the court is unavailable:

(i) from the close of business at the end of each day to the resumption of business the next morning; and

(ii) from the end of the business week to the beginning of the business week; a petition may be filed before a hearing officer who may grant relief in accordance with section 6108(a)(1), (2) and (6), (1) and (6) or (1) and (9.1) (relating to relief) if the hearing officer deems it necessary to protect the plaintiff or minor children from abuse upon good cause shown in an ex parte proceeding. Immediate and present danger of abuse to the plaintiff or minor children shall constitute good cause for the purposes of this subsection.

(b) Expiration of order.--An order issued under subsection

(a) shall expire at the end of the next business day the court deems itself available. The court shall schedule hearings on protection orders entered by hearing officers under subsection

(a) and shall review and continue in effect protection orders that are necessary to protect the plaintiff or minor children from abuse until the hearing, at which time the plaintiff may seek a temporary order from the court.

(c) Certification of order to court.--An emergency order issued under this section and any documentation in support thereof shall be immediately certified to the court. The certification to the court shall have the effect of commencing proceedings under section 6106 (relating to commencement of proceedings) and invoking the other provisions of this chapter. If it is not already alleged in a petition for an emergency order, the plaintiff shall file a verified statement setting forth the abuse of defendant at least five days prior to the hearing. Service of the verified statement shall be made subject to section 6106.

(d) Instructions regarding the commencement of proceedings.--Upon issuance of an emergency order, the hearing officer shall provide the plaintiff instructions regarding the commencement of proceedings in the court of common pleas at the beginning of the next business day and regarding the procedures for initiating a contempt charge should the defendant violate the emergency order. The hearing officer shall also advise the plaintiff of the existence of programs for victims of domestic violence in the county or in nearby counties and inform the plaintiff of the availability of legal assistance without cost if the plaintiff is unable to pay for them.

(e) Master for emergency relief.--The president judge of a court of common pleas of a judicial district may, with the approval of the Administrative Office of Pennsylvania Courts, provide for the selection and appointment of a master for emergency relief on a full-time or part-time basis. The number of masters for emergency relief shall be fixed by the president judge with the approval of the Administrative Office of Pennsylvania Courts. The compensation of a master for emergency relief shall be fixed and paid by the county. (July 9, 1992, P.L.400, No.87, eff. 60 days; Oct. 6, 1994, P.L.574, No.85, eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days; Nov. 18, 2024, P.L.1184, No.146, eff. 60 days) 2024 Amendment. Act 146 amended subsec. (a). 2005 Amendment. Act 66 added subsec. (e). 1994 Amendment. Act 85 amended subsecs. (a) and (b). Cross References. Section 6110 is referred to in sections 6102, 6105 of this title; section 4137 of Title 42 (Judiciary and Judicial Procedure).
23 Pa.C.S. § 6504.2 — PA Code / Title 23 / Chapter 65 / Section 6504.2
Emergency services providers accepting newborns.
Status: in_force

(a) Duties.--In accepting a newborn under this chapter, an emergency services provider shall:

(1) take the newborn into protective custody as specified under section 6315(a)(6) (relating to taking child into protective custody); and

(2) ensure the newborn is transported to a hospital and placed into the care of a health care provider as specified under section 6504 (relating to health care providers accepting newborns).

(b) Medical history.--When an emergency services provider accepts a newborn under this chapter, a parent may provide the emergency services provider with information about the newborn's medical history and identifying information.

(c) Temporary signage.--An entity employing an emergency services provider accepting newborns under this chapter shall ensure its grounds or the grounds of an entity otherwise providing access to an emergency services provider clearly indicate, for a minimum of 18 months, that emergency services providers may accept newborns under section 6315(a) and 18 Pa.C.S. § 4306 (relating to newborn protection). (Dec. 22, 2017, P.L.1219, No.68, eff. 60 days) 2017 Amendment. Act 68 added section 6504.2. Cross References. Section 6504.2 is referred to in section 6505 of this title.
23 Pa.C.S. § 4350 — PA Code / Title 23 / Chapter 43 / Section 4350
Effect of appeal.
Status: in_force

An appeal from an order of support entered pursuant to this chapter shall not operate as a supersedeas unless so ordered by the court.
23 Pa.C.S. § 7402 — PA Code / Title 23 / Chapter 74 / Section 7402
Proceeding to determine parentage.
Status: in_force

A tribunal of this State authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this part or a law or procedure substantially similar to this part. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) 2015 Amendment. Act 94 added section 7402.
23 Pa.C.S. § 7315 — PA Code / Title 23 / Chapter 73 / Section 7315
Nonparentage as defense.
Status: in_force

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this part.
23 Pa.C.S. § 5407 — PA Code / Title 23 / Chapter 54 / Section 5407
Priority.
Status: in_force

If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
23 Pa.C.S. § 3106 — PA Code / Title 23 / Chapter 31 / Section 3106
Premarital agreements.
Status: in_force

(a) General rule.--The burden of proof to set aside a premarital agreement shall be upon the party alleging the agreement to be unenforceable. A premarital agreement shall not be enforceable if the party seeking to set aside the agreement proves, by clear and convincing evidence, that:

(1) the party did not execute the agreement voluntarily; or

(2) the party, before execution of the agreement:

(i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(iii) did not have an adequate knowledge of the property or financial obligations of the other party.

(b) Definition.--As used in this section, the term "premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. (Nov. 29, 2004, P.L.1357, No.175, eff. 60 days) 2004 Amendment. Act 175 added section 3106. Section 5(2) of Act 175 provided that section 3106 shall apply to premarital agreements executed on or after the effective date of par. (2).
23 Pa.C.S. § 6384 — PA Code / Title 23 / Chapter 63 / Section 6384
Legislative oversight.
Status: in_force

A committee of the Senate designated by the President pro tempore of the Senate and a committee of the House of Representatives designated by the Speaker of the House of Representatives, either jointly or separately, shall review the manner in which this chapter has been administered at the State and local level for the following purposes:

(1) Providing information that will aid the General Assembly in its oversight responsibilities.

(2) Enabling the General Assembly to determine whether the programs and services mandated by this chapter are effectively meeting the goals of this chapter.

(3) Assisting the General Assembly in measuring the costs and benefits of this program and the effects and side-effects of mandated program services.

(4) Permitting the General Assembly to determine whether the confidentiality of records mandated by this chapter is being maintained at the State and local level.

(5) Providing information that will permit State and local program administrators to be held accountable for the administration of the programs mandated by this chapter. Cross References. Section 6384 is referred to in section 6340 of this title.
23 Pa.C.S. § 2556 — PA Code / Title 23 / Chapter 25 / Section 2556
Related activities of agencies unaffected.
Status: in_force

This subchapter shall not be construed to limit or delay actions by agencies or institutions to arrange for adoptions or other related matters on their own initiative and shall not alter or restrict the duties, authority and confidentiality of the agencies and institutions in those matters.
23 Pa.C.S. § 6344.3 — PA Code / Title 23 / Chapter 63 / Section 6344.3
Continued employment or participation in program, activity or service.
Status: reserved

(a) (Reserved).

(b) (Reserved).

(c) (Reserved).

(d) (Reserved).

(e) Noninterference with decisions.--Nothing in this chapter shall be construed to otherwise interfere with the ability of an employer or person responsible for a program, activity or service to make employment, discipline or termination decisions or from establishing additional standards as part of the hiring or selection process for employees or volunteers.

(f) Portability of certification.--

(1) Subject to the restrictions under section 6344(b.3) (relating to employees having contact with children; adoptive and foster parents), if an individual's certifications are current under section 6344.4 (relating to recertification) and the individual completes an affirmation under paragraph

(2), the individual may use the certifications as follows:

(i) to apply for employment as identified in section 6344 (relating to employees having contact with children; adoptive and foster parents);

(ii) to serve as an employee as identified in section 6344;

(iii) to apply as a volunteer under section 6344.2 (relating to volunteers having contact with children); and

(iv) to serve as a volunteer under section 6344.2.

(2) Prior to commencing employment or service, an individual must swear or affirm in writing that the individual has not been disqualified from employment or service under section 6344(c) or has not been convicted of an offense similar in nature to a crime listed in section 6344(c) under the laws or former laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or under a former law of this Commonwealth.

(3) An employer, administrator, supervisor, other person responsible for employment decisions or other person responsible for the selection of volunteers shall make a determination of employment or volunteer matters based on a

review of the information required under section 6344(b) prior to employment or acceptance to service in any such capacity and must maintain a copy of the required information.

(g) Written notice of new arrest, conviction or substantiated child abuse.--

(1) If an employee or volunteer subject to section 6344 (relating to employees having contact with children; adoptive and foster parents) or 6344.2 (relating to volunteers having contact with children) is arrested for or convicted of an offense that would constitute grounds for denying employment or participation in a program, activity or service under this chapter, or is named as a perpetrator in a founded or indicated report, the employee or volunteer shall provide the administrator or designee with written notice not later than 72 hours after the arrest, conviction or notification that the person has been listed as a perpetrator in the Statewide database.

(2) If the person responsible for employment decisions or the administrator of a program, activity or service has a reasonable belief that an employee or volunteer was arrested or convicted for an offense that would constitute grounds for denying employment or participation in a program, activity or service under this chapter, or was named as a perpetrator in a founded or indicated report, or the employee or volunteer has provided notice as required under this section, the person responsible for employment decisions or administrator of a program, activity or service shall immediately require the employee or volunteer to submit current information as required under subsection 6344(b). The cost of the information set forth in subsection 6344(b) shall be borne by the employing entity or program, activity or service.

(h) Effect of noncompliance.--An employee or volunteer who willfully fails to disclose information required by subsection

(g)(1) commits a misdemeanor of the third degree and shall be subject to discipline up to and including termination or denial of employment or volunteer position. (Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014; July 1, 2015, P.L.94, No.15, eff. imd.)

Amendment. Act 15 amended subsecs. (e) and (f). 2014 Amendment. Act 153 added section 6344.3. Special Provisions in Appendix. See section 15 of Act 153 of 2014 in the appendix to this title for special provisions relating to study by Department of Human Services. Cross References. Section 6344.3 is referred to in section 6340 of this title.
23 Pa.C.S. § 5426 — PA Code / Title 23 / Chapter 54 / Section 5426
Simultaneous proceedings.
Status: in_force

(a) General rule.--Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this Commonwealth may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter unless the proceeding has been terminated or is stayed by the court of the other state because a court of this Commonwealth is a more convenient forum under section 5427 (relating to inconvenient forum).

(b) Stay; communication with other court.--Except as otherwise provided in section 5424, a court of this Commonwealth, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to section 5429 (relating to information to be submitted to court). If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this Commonwealth shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this Commonwealth is a more appropriate forum, the court of this Commonwealth shall dismiss the proceeding.

(c) Modification.--In a proceeding to modify a child custody determination, a court of this Commonwealth shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

(1) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying or dismissing the proceeding for enforcement;

(2) enjoin the parties from continuing with the proceeding for enforcement; or

(3) proceed with the modification under conditions it considers appropriate.
23 Pa.C.S. § 6346 — PA Code / Title 23 / Chapter 63 / Section 6346
Cooperation of other agencies.
Status: in_force

(a) General rule.--The secretary may request and shall receive from Commonwealth agencies, political subdivisions, an authorized agency or any other agency providing services under the local protective services plan any assistance and data that will enable the department and the county agency to fulfill their responsibilities properly, including law enforcement officials when assistance is needed in conducting an investigation or an assessment of safety or risk to the child. School districts shall cooperate with the department and the agency by providing them upon request with the information as is consistent with law.

(b) Willful failure to cooperate.--Any agency, school or facility or any person acting on behalf of an agency, school or facility that violates this section by willfully failing to cooperate with the department or a county agency when investigating a report of suspected child abuse or when assessing safety or risk to a child commits a misdemeanor of

the third degree for a first violation and a misdemeanor of the second degree for subsequent violations.

(c) Cooperation of county agency and law enforcement officials.--Consistent with the provisions of this chapter, the county agency and law enforcement officials shall cooperate and coordinate, to the fullest extent possible, their efforts to respond to and investigate reports of suspected child abuse.

(d) Advice to county agency.--Whenever a report of suspected child abuse is referred from a county agency to a law enforcement official pursuant to section 6340(a)(9) and (10) (relating to release of information in confidential reports), as soon as possible, and without jeopardizing the criminal investigation or prosecution, the law enforcement official shall advise the county agency as to whether a criminal investigation has been undertaken and the results of the investigation and of any criminal prosecution. The county agency shall ensure that the information is referred to the Statewide database. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 15, 1998, P.L.963, No.127, eff. Mar. 1, 1999; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014; May 14, 2014, P.L.653, No.45, eff. Dec. 31, 2014) 2014 Amendments. Act 29 amended the entire section and Act 45 amended subsecs. (b) and (c).
23 Pa.C.S. § 5623 — PA Code / Title 23 / Chapter 56 / Section 5623
Authority of temporary guardian.
Status: in_force

(a) Authority.--

(1) The temporary guardian shall have the authority to act as coguardian or guardian upon a custodial parent entering into an alcohol or drug treatment facility or upon a court ordering the designation pursuant to hearing under subsection 5622(b) (relating to petition for approval of designation).

(2) The commencement of the temporary guardian's authority to act as coguardian shall not itself divest the custodial parent of parental rights but shall confer upon the temporary guardian concurrent or shared custody of the child.

(3) A coguardian shall assure frequent and continuing contact with and physical access to the child and shall further assure the involvement of the custodial parent, to the greatest extent possible, in the decision making on behalf of the child.

(4) The commencement of a temporary guardian's authority under this subchapter shall not itself divest a parent or legal guardian of parental or guardianship rights.

(b) Limitations on authority.--In addition to any other restrictions placed on a temporary guardian by the court, the temporary guardian may not:

(1) remove the minor or permit the minor to be removed from the United States either permanently or temporarily without the consent of the custodial parent and the approval of the court; or

(2) remove the minor from this Commonwealth absent a court order, which may only be issued after a hearing at which both parents and the minor shall have the right to be present.
23 Pa.C.S. § 2735 — PA Code / Title 23 / Chapter 27 / Section 2735
Filing and approval of an agreement.
Status: in_force

(a) General rule.--An agreement shall be filed with the court that finalizes the adoption of the child.

(b) Conditions for approval.--The court shall approve the agreement if the court determines that:

(1) The agreement has been entered into knowingly and voluntarily by all parties. An affidavit made under oath must accompany the agreement affirmatively stating that the agreement was entered into knowingly and voluntarily and is not the product of coercion, fraud or duress. The affidavit may be executed jointly or separately.

(2) The agreement is in the best interest of the child. In making that determination, factors that the court may consider include, but are not limited to, the following:

(i) The length of time that the child has been under actual care, custody and control of a person other than a birth parent and the circumstances relating thereto.

(ii) The interaction and interrelationship of the child with birth relatives and other persons who routinely interact with the birth relatives and may significantly affect the child's best interests.

(iii) The adjustment to the child's home, school and community.

(iv) The willingness and ability of the birth relative to respect and appreciate the bond between the child and prospective adoptive parent.

(v) The willingness and ability of the prospective adoptive parent to respect and appreciate the bond between the child and the birth relative.

(vi) Any evidence of abuse or neglect of the child.

(c) Legal effect.--An agreement shall not be legally enforceable unless approved by the court.
23 Pa.C.S. § 2531 — PA Code / Title 23 / Chapter 25 / Section 2531
Report of intention to adopt.
Status: in_force

(a) General rule.--Every person now having or hereafter receiving or retaining custody or physical care of any child for the purpose or with the intention of adopting a child under the age of 18 years shall report to the court in which the petition for adoption will be filed.

(b) Contents.--The report shall set forth:

(1) The circumstances surrounding the persons receiving or retaining custody or physical care of the child, including the date upon which a preplacement investigation was concluded.

(2) The name, sex, racial background, age, date and place of birth and religious affiliation of the child.

(3) The name and address of the intermediary.

(4) An itemized accounting of moneys and consideration paid or to be paid to the intermediary.

(5) Whether the parent or parents whose parental rights are to be terminated have received counseling with respect to the termination and the alternatives thereto. If so, the report shall state the dates on which the counseling was provided and the name and address of the counselor or agency which provided the counseling.

(6) The name, address and signature of the person or persons making the report. Immediately above the signature of the person or persons intending to adopt the child shall appear the following statement: I acknowledge that I have been advised or know and understand that the birth father or putative father may revoke the consent to the adoption of this child within 30 days after the later of the birth of the child or the date he has executed the consent to an adoption and that the birth mother may revoke the consent to an adoption of this child within 30 days after the date she has executed the consent.

(7) A copy of the preplacement report prepared pursuant to section 2530 (relating to home study and preplacement report). When a person receives or retains custody or physical care of a child from an agency, the report shall set forth only the name and address of the agency, the circumstances surrounding such person receiving or retaining custody or physical care of the child and a copy of the preplacement report prepared pursuant to section 2530.

(c) When report not required.--No report shall be required when the child is the child, grandchild, stepchild, brother or sister of the whole or half blood, or niece or nephew by blood, marriage or adoption of the person receiving or retaining custody or physical care. (June 23, 1982, P.L.617, No.174, eff. 60 days; May 21, 1992, P.L.228, No.34, eff. 60 days; Mar. 24, 2004, P.L.159, No.21, eff. 60 days) 2004 Amendment. Act 21 amended subsec. (b)(6). Section 2 of Act 21 provided that the amendment of subsec. (b)(6) shall apply to adoptions which are initiated on or after the effective date of section 2. 1992 Amendment. Act 34 amended subsec. (b). Cross References. Section 2531 is referred to in sections 2302, 2502, 2505, 2512, 2532, 2535, 2701 of this title.
23 Pa.C.S. § 1303 — PA Code / Title 23 / Chapter 13 / Section 1303
Waiting period after application.
Status: in_force

(a) General rule.--No marriage license shall be issued prior to the third day following the making of application therefor.

(b) Exceptions.--The court may authorize a license to be issued at any time after the making of the application in the following cases:

(1) In case of emergency or extraordinary circumstances.

(2) If an applicant is a member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States and is called or ordered to active duty with the armed forces of the United States. (Nov. 23, 2004, P.L.954, No.144, eff. 60 days) Cross References. Section 1303 is referred to in section 1307 of this title.
23 Pa.C.S. § 4373 — PA Code / Title 23 / Chapter 43 / Section 4373
Administration of Title IV-D program.
Status: in_force

(a) Parent locator service.--The department shall maintain a parent locator service for the purpose of establishing parentage, for establishing, setting the amount of, modifying or enforcing child support, establishing or enforcing visitation or custody orders and locating legally responsible relatives. The locator services shall utilize all sources of information and legally available records. In addition, the department shall utilize the parent locator service of the Federal Government pursuant to Federal law and shall only make disclosures of information to individuals as provided by Federal law.

(b) Cooperative agreements.--The department shall undertake, either directly or pursuant to cooperative arrangements with appropriate counties, courts or law enforcement officials, including domestic relations sections, to do all of the following:

(1) Establish paternity of children with respect to whom assistance has been received.

(2) Secure support for children under paragraph (1) from a legally responsible relative.

(3) Determine whether the applicant or recipient is cooperating in good faith with matters set forth in section 4379 (relating to cooperation required).

(4) Notify the applicant or recipient of each noncooperation determination and the basis for such determination.

(5) Make available child support and paternity determination services to any individual not receiving assistance to the extent required by Federal law and upon application submitted to the department on forms provided by the department, the payment of any application fee established by the department and the agreement to pay costs in excess of any fee out of any recovery made by the department.

(c) Incentive payments.--The department shall make incentive payments to political subdivisions and other states consistent with Federal law whenever the political subdivision or other state enforces or collects support payable to the department.
23 Pa.C.S. § 6344.2 — PA Code / Title 23 / Chapter 63 / Section 6344.2
Volunteers having contact with children.
Status: in_force

(a) Applicability.--This section applies to an adult applying for or holding an unpaid position as a volunteer with a child-care service, a school or a program, activity or service, as a person responsible for the child's welfare or having direct volunteer contact with children and an individual identified under section 6344(a)(5)(ii) (relating to employees having contact with children; adoptive and foster parents).

(a.1) School employees.--(Deleted by amendment).

(b) Investigation.--Employers, administrators, supervisors or other persons responsible for selection of volunteers shall require an applicant to submit to all requirements set forth in section 6344(b) except as provided in subsection (b.1). An employer, administrator, supervisor or other person responsible for selection of volunteers regarding an applicable prospective volunteer under this section that intentionally fails to require the submissions before approving that individual commits a misdemeanor of the third degree.

(b.1) Exception.--

(1) A person responsible for the selection of volunteers under this chapter shall require an applicable prospective volunteer prior to the commencement of service to submit only the information under section 6344(b)(1) and (2), if the following apply:

(i) The position the prospective volunteer is applying for is unpaid or the prospective volunteer is an individual identified under section 6344(a)(5)(ii).

(ii) The prospective volunteer has been a resident of this Commonwealth during the entirety of the previous 10-year period or, if not a resident of this Commonwealth during the entirety of the previous 10-year period, has received certification under section 6344(b)(3) at any time since establishing residency in this Commonwealth and provides a copy of the certification to the person responsible for the selection of volunteers.

(iii) The prospective volunteer swears or affirms in writing that the prospective volunteer is not disqualified from service pursuant to section 6344(c) or has not been convicted of an offense similar in nature to those crimes listed in section 6344(c) under the laws or former laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or under a former law of this Commonwealth.

(2) If the information obtained pursuant to section 6344(b) reveals that the prospective volunteer applicant is disqualified from service pursuant to section 6344(c), the applicant shall not be approved for service.

(3) If all of the following apply, an individual shall not be required to obtain the certifications required under subsection (b):

(i) The individual is currently enrolled in a school.

(ii) The individual is not a person responsible for the child's welfare.

(iii) The individual is volunteering for an event that occurs on school grounds.

(iv) The event is sponsored by the school in which the individual is enrolled as a student.

(v) The event is not for children who are in the care of a child-care service.

(4) The exceptions under this subsection do not apply to volunteers in a child day-care center, group day-care home or family child-care home.

(c) Grounds for denial.--Each prospective volunteer shall be subject to the requirements of section 6344(c).

(d) Departmental treatment of information.--Information provided and compiled under this section by the department shall be confidential and shall not be subject to the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. This information shall not be released except as permitted by the department through regulation. The department may charge a fee to conduct a certification as required by section 6344(b)(2) in accordance with the provisions of section 6344(h). The department shall promulgate regulations necessary to carry out this subsection.

(e) Construction.--(Deleted by amendment).

(f) Nonresident volunteer certification.--Employers, administrators, supervisors or other persons responsible for selection of volunteers may allow a volunteer to serve on a provisional basis not to exceed a total of 30 days in a calendar year if the volunteer is in compliance with the clearance standards under the law of the jurisdiction where the volunteer is domiciled. The nonresident volunteer must provide the employer, administrator, supervisor or other person responsible for selection of volunteers with documentation of certifications.

(g) Waiver of fees for certain background certifications.--The fees for certifications required under section 6344(b)(1) and (2) which a volunteer is required to submit under this section shall be waived, and the certifications shall be provided free of charge to the volunteer under the following conditions:

(1) The background certifications are necessary to comply with the requirements of subsection (b).

(2) The background certifications may not be used and shall not be valid to satisfy the requirements for employment under section 6344(b) or any other law for which a similar background check may be required.

(3) Background certifications shall only be provided free of charge to a volunteer once every 57 months.

(4) The volunteer swears or affirms, in writing, under penalty of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities), the following:

(i) The background certifications are necessary to satisfy the requirements under subsection (b).

(ii) The volunteer has not received background certifications free of charge within the previous 57 months.

(iii) The volunteer understands that the certifications shall not be valid or used for any other purpose.

(h) Presumption of good faith.--For the purposes of criminal liability under this section, an employer, administrator, supervisor or other persons responsible for the selection of volunteers are presumed to have acted in good faith when identifying individuals required to submit certifications and maintain records as required by this section. (Nov. 29, 2006, P.L.1581, No.179, eff. 60 days; May 14, 2014, P.L.653, No.45, eff. Dec. 31, 2014; Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014; July 1, 2015, P.L.94, No.15, eff. imd.; June 28, 2018, P.L.375, No.54, eff. imd.; July 2, 2019, P.L.336, No.47, eff. Sept. 30, 2019) 2019 Amendment. Act 47 added subsec. (b.1)(4). 2018 Amendment. Act 54 amended subsecs. (a), (b) and

(b.1)(1)(i). 2015 Amendment. Act 15 amended subsecs. (a), (b), (b.1) and

(f), added subsecs. (g) and (h) and deleted subsec. (e). 2014 Amendments. Act 45 amended subsec. (b) and added subsec. (a.1) and Act 153 amended the entire section. Cross References. Section 6344.2 is referred to in sections 6335, 6344, 6344.3, 6344.4 of this title.