23 Pa.C.S. § 4304.1 — PA Code / Title 23 / Chapter 43 / Section 4304.1
Cooperation of government and nongovernment agencies.
Status: in_force

(a) Cooperation of government agencies.--Notwithstanding any other provision of law, including the provisions of section 731 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, all government agencies shall:

(1) At the request of the department, provide information prescribed by the department regarding a person's wages, income, telephone numbers, addresses, Social Security numbers and date of birth, employer names, addresses and telephone numbers.

(2) Require the Social Security number of an individual who has one on any application for a professional or occupational license or certification; a permit; a driver's license, including a commercial driver's license; a recreational license; or a marriage license. Collection of the Social Security number shall be performed in such manner as to protect its confidentiality. If the government agency uses another identifying number on the face of the application, the government agency shall advise the applicant and shall keep the Social Security number on file at the agency.

(3) Require the Social Security number of any individual subject to a divorce decree, support order, paternity determination or acknowledgment of paternity in all records relating to the matter. Collection of the Social Security number shall be kept confidential.

(4) Require the Social Security number of a deceased individual in records relating to the death, including the death certificate.

(b) Cooperation of labor organizations.--Labor organizations shall at the request of the department provide information in a form prescribed by the department regarding wages, income, telephone numbers, addresses, Social Security numbers and date of birth, employer names, addresses and telephone numbers.

(b.1) Cooperation of financial institutions.--Notwithstanding any other provision of law, all financial institutions doing business in this Commonwealth shall:

(1) Provide for each calendar quarter such identifying information, asset information and benefit information as the department may specify for any obligor who owes past due support as identified by the department by name and Social Security number or other taxpayer identification number.

(2) Upon receipt of a notice of lien or seizure order from the domestic relations section or the department, encumber or surrender, as the case may be, identified assets of an obligor who is subject to a child support lien. The Supreme Court shall by general rule prescribe the form of the order. The financial institution shall remit to the domestic relations section or to the department the assets available in the account on the date of the receipt of the notice of lien or seizure order by the financial institution. Remittance by the financial institution shall be made within a reasonable period of time.

(b.2) Agreements between the department and financial institutions.--Notwithstanding any other provision of law, the department and any financial institution doing business in this Commonwealth are authorized to enter into agreements for the purpose of carrying out the provisions of subsection (b.1). The agreement may specify payment of a fee by the department to the financial institution to conduct the activities in accordance with subsection (b.1)(1) which shall not exceed actual and reasonable costs incurred by the financial institution.

(c) Penalty.--Following notice and hearing, the department may impose a civil penalty of up to $1,000 per violation upon any government agency, labor organization or financial institution which willfully fails to comply with a request by the department for information pursuant to this section.

(d) Confidentiality.--Any information provided or collected pursuant to this section shall be confidential and may be used by the department, the court or the domestic relations section solely for purposes of child and spousal support enforcement and, to the extent allowed by Federal law, for administration of public assistance programs. Any person, government agency, employer or agent of the department who divulges such information in a manner not provided in this section commits a misdemeanor of the third degree and, upon conviction, shall be sentenced to pay a fine of up to $1,000 per violation and costs and shall be subject to a term of imprisonment of not more than one year, or both.

(d.1) Notification.--No financial institution shall be required to notify an obligor of a request for information by the department or the court under this section.

(e) Immunity.--A person, government agency, labor organization or financial institution providing information, encumbering or surrendering property pursuant to this section shall not be subject to civil or criminal liability to any person or entity. The department, a court, a domestic relations

section or an authorized employee of such an entity requesting information under this section or ordering the seizure, encumbrance or surrender of an asset held by a financial institution shall not be subject to any civil or criminal liability. A financial institution shall not be subject to any civil or criminal liability for encumbering or surrendering assets of an obligor as required by this section. The immunity provided by this subsection shall not apply to any person or agent of a government agency, labor organization or financial institution who knowingly supplies false information under this section.

(f) Data collection.--The department shall provide for the frequency and format, which may include automated data exchanges, for the collection of the information required in this section.

(g) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Account." A demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account or money market mutual fund account. The term does not include trust accounts, custodian accounts or accounts under 20 Pa.C.S. Ch. 53 (relating to the Pennsylvania Uniform Transfers to Minors Act).

"Asset information." Account balances, deposits, withdrawals, interest, investments, trusts, dividends, certificates of deposits and other asset information.

"Benefit information." Information regarding financial or health care benefits to which an individual may be entitled from government, an employer, an insurer or other source.

"Financial institution." A depository institution, as defined by section 3(c) of the Federal Deposit Insurance Act (64 Stat. 873, 12 U.S.C. § 1813(c)); an institution-affiliated party, as defined by section 3(u) of the Federal Deposit Insurance Act; a Federal credit union or State credit union, as defined in section 101 of the Federal Credit Union Act (48 Stat. 1216, 12 U.S.C. § 1752), including an institution-affiliated party of such a credit union, as defined in section 206(r) of the Federal Credit Union Act; and a benefit association, insurer, safe deposit company, money market mutual fund or similar entity authorized to do business in this Commonwealth.

"Identifying information." Name, record address, Social Security number or other taxpayer identification number.

"Insurer." A foreign or domestic insurance company, association or exchange holding a certificate of authority under the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921; a risk-assuming preferred provider organization operating under section 630 of The Insurance Company Law of 1921; a health maintenance organization holding a certificate of authority under the act of December 29, 1972 (P.L.1701, No.364), known as the Health Maintenance Organization Act; a fraternal benefit society holding a certificate of authority under the act of December 14, 1992 (P.L.835, No.134), known as the Fraternal Benefit Societies Code; a hospital plan corporation holding a certificate of authority under 40 Pa.C.S. Ch. 61 (relating to hospital plan corporations); a professional health service plan corporation holding a certificate of authority under 40 Pa.C.S. Ch. 63 (relating to professional health services plan corporations); or a similar entity authorized to do insurance business in this Commonwealth.

(Oct. 16, 1996, P.L.706, No.124, eff. 60 days; Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 15, 1998, P.L.963, No.127, eff. imd.) 1998 Amendment. Act 127 amended subsec. (a)(2) and (3). Act 127 of 1998 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. 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. References in Text. The act of December 14, 1992 (P.L.835, No.134), known as the Fraternal Benefit Societies Code, referred to in the def. of "insurer," was repealed by the act of July 10, 2002 (P.L.749, No.110). The subject matter is now contained in Article XXIV of The Insurance Company Law of 1921.
23 Pa.C.S. § 5481 — PA Code / Title 23 / Chapter 54 / Section 5481
Application and construction.
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
23 Pa.C.S. § 3105 — PA Code / Title 23 / Chapter 31 / Section 3105
Effect of agreement between parties.
Status: in_force

(a) Enforcement.--A party to an agreement regarding matters within the jurisdiction of the court under this part, whether or not the agreement has been merged or incorporated into the decree, may utilize a remedy or sanction set forth in this part to enforce the agreement to the same extent as though the agreement had been an order of the court except as provided to the contrary in the agreement.

(b) Certain provisions subject to modification.--A provision of an agreement regarding child support, visitation or custody shall be subject to modification by the court upon a showing of changed circumstances.

(c) Certain provisions not subject to modification.--In the absence of a specific provision to the contrary appearing in the agreement, a provision regarding the disposition of existing property rights and interests between the parties, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court.
23 Pa.C.S. § 7101 — PA Code / Title 23 / Chapter 71 / Section 7101
Short title of part.
Status: in_force

This part shall be known and may be cited as the Uniform Interstate Family Support Act.

(a) Short title of part.--(Deleted by amendment).

(b) Definitions.--(Deleted by amendment). (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 7101 is referred to in sections 4302, 4308.1 of this title.
23 Pa.C.S. § 5405 — PA Code / Title 23 / Chapter 54 / Section 5405
International application of chapter.
Status: in_force

(a) Foreign country treated as state.--A court of this Commonwealth shall treat a foreign country as if it were a state of the United States for the purpose of applying Subchapter B (relating to jurisdiction) and this subchapter.

(b) Foreign custody determinations.--Except as otherwise provided in subsection (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter

must be recognized and enforced under Subchapter C (relating to enforcement).

(c) Violation of human rights.--A court of this Commonwealth need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
23 Pa.C.S. § 6108 — PA Code / Title 23 / Chapter 61 / Section 6108
Relief.
Status: in_force

(a) General rule.--Subject to subsection (a.1), the court may grant any protection order or approve any consent agreement to bring about a cessation of abuse of the plaintiff or minor children. The order or agreement may include:

(1) Directing the defendant to refrain from abusing the plaintiff or minor children.

(2) Granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff if the residence or household is jointly owned or leased by the parties, is owned or leased by the entireties or is owned or leased solely by the plaintiff.

(3) If the defendant has a duty to support the plaintiff or minor children living in the residence or household and the defendant is the sole owner or lessee, granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff or, with the consent of the plaintiff, ordering the defendant to provide suitable alternate housing.

(4) Awarding temporary custody of or establishing temporary visitation rights with regard to minor children. In determining whether to award temporary custody or establish temporary visitation rights pursuant to this paragraph, the court shall consider any risk posed by the defendant to the children as well as risk to the plaintiff. The following shall apply:

(i) A defendant shall not be granted custody, partial custody or unsupervised visitation where it is alleged in the petition, and the court finds after a hearing under this chapter, that the defendant:

(A) abused the minor children of the parties or poses a risk of abuse toward the minor children of the parties; or

(B) has been convicted of violating 18 Pa.C.S. § 2904 (relating to interference with custody of children) within two calendar years prior to the filing of the petition for protection order or that the defendant poses a risk of violating 18 Pa.C.S.
23 Pa.C.S. § 6386 — PA Code / Title 23 / Chapter 63 / Section 6386
Notification to department and development of plan of safe care for children under one year of age.
Status: in_force

(a) Notification to department.--For the purpose of assessing a child and the child's family for a plan of safe care, a health care provider shall immediately give notice or cause notice to be given to the department if the provider is involved in the delivery or care of a child under one year of age and the health care provider has determined, based on standards of professional practice, the child was born affected by:

(1) substance use or withdrawal symptoms resulting from prenatal drug exposure; or

(2) a Fetal Alcohol Spectrum Disorder.

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(3) (Deleted by amendment).

(a.1) Notification not to constitute child abuse report.--The notification by a health care provider to the department and any transmittal to the county agency by the department shall not constitute a child abuse report.

(b) Safety or risk assessment.--(Deleted by amendment).

(b.1) Development of interagency protocols and plan of safe care.--The department, in collaboration with the Department of Health and the Department of Drug and Alcohol Programs, shall develop written protocols that include, but are not limited to:

(1) Definitions and evidence-based screening tools, based on standards of professional practice, to be utilized by health care providers to identify a child born affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder.

(2) Notification to the department that a child born affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder has been born and identified. Ongoing involvement of the county agency after taking into consideration the individual needs of the child and the child's parents and immediate caregivers may not be required.

(3) Collection of data to meet Federal and State reporting requirements.

(4) Identification, informed by an assessment of the needs of the child and the child's parents and immediate caregivers, of the most appropriate lead agency responsible for developing, implementing and monitoring a plan of safe care, informed by a multidisciplinary team meeting that is held prior to the child's discharge from the health care facility, which may include:

(i) public health agencies;

(ii) maternal and child health agencies;

(iii) home visitation programs;

(iv) substance use disorder prevention and treatment providers;

(v) mental health providers;

(vi) public and private children and youth agencies;

(vii) early intervention and developmental services;

(viii) courts;

(ix) local education agencies;

(x) managed care organizations and private insurers; and

(xi) hospitals and medical providers.

(5) Engagement of the child's parents and immediate caregivers in order to identify the need for access to treatment for any substance use disorder or other physical or behavioral health condition that may impact the safety, early childhood development and well-being of the child.

(c) County agency duties.--(Deleted by amendment). (Nov. 9, 2006, P.L.1358, No.146, eff. 180 days; Jan. 22, 2014, P.L.6, No.4, eff. 90 days; July 1, 2015, P.L.94, No.15, eff. imd.; June 28, 2018, P.L.375, No.54) 2018 Amendment. Section 4(3) of Act 54 provided that the amendment of section 6386 shall take effect after October 1, 2018.
23 Pa.C.S. § 7205 — PA Code / Title 23 / Chapter 72 / Section 7205
Continuing, exclusive jurisdiction to modify child support orders.
Status: in_force

(a) Extent.--A tribunal of this State that has issued a child support order consistent with the law of this State has and shall exercise continuing, exclusive jurisdiction to modify the child support order if the order is the controlling order and:

(1) at the time of the filing of a request for modification this State is the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued; or

(2) even if this State is not the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this State may continue to exercise jurisdiction to modify the order.

(b) Restriction.--A tribunal of this State that has issued a child support order consistent with the law of this State may not exercise its continuing, exclusive jurisdiction to modify the order if:

(1) all of the parties who are individuals file consent in a record with the tribunal of this State that a tribunal of another state, that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child, may modify the order and assume continuing, exclusive jurisdiction; or

(2) the order is not the controlling order.

(c) Modification.--(Deleted by amendment).

(d) Faith and credit.--If a tribunal of another state has issued a child support order under a law substantially similar to this part which modifies a child support order of a tribunal of this State, tribunals of this State shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

(d.1) Modification.--A tribunal of this State that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

(e) Interim orders.--A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

(f) Duration and modification of spousal support orders.--(Deleted by amendment). (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 7205 is referred to in sections 7202.1, 7207 of this title.
23 Pa.C.S. § 8309 — PA Code / Title 23 / Chapter 83 / Section 8309
Nondisclosure of information in exceptional circumstances.
Status: in_force

Upon a finding, which may be made ex parte, that the health, safety or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this part.
23 Pa.C.S. § 6387 — PA Code / Title 23 / Chapter 63 / Section 6387
Pandemic of 2020.
Status: in_force

(a) General rule.--Notwithstanding any provision of law to the contrary, the following shall apply to any individual required to obtain recertification under section 6344.4 (relating to recertification) during the disaster emergency relating to COVID-19. The following shall apply:

(1) An individual shall have until December 31, 2020, to obtain the recertification under section 6344(b)(3) (relating to employees having contact with children; adoptive and foster parents) or under section 111(c.1) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949.

(2) An individual shall be required to obtain the certifications under section 6344(b)(1) and (2) as required under section 6344.4.

(3) An individual who delays recertification under section 6344(b)(3) or under section 111(c.1) of the Public School Code of 1949 shall be required to obtain the individual's subsequent recertifications required under section 6344.4 within 60 months from the date of the individual's most recent certification.

(b) Initial applicants.--(Expired).

(c) Required record.--An employer, administrator, supervisor or other person responsible for employment decisions shall maintain a copy of the required information under subsections

(a) and (b).

(d) Definition.--As used in this section, the term "COVID-19" means the novel coronavirus as identified in the proclamation of disaster emergency issued by the Governor on March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020). (May 8, 2020, P.L.121, No.18, eff. imd.) 2020 Expiration. Subsection (b) expired December 31, 2020. See Act 18 of 2020. 2020 Amendment. Act 18 added section 6387. Section 3(2) of Act 18 provided that the addition of subsecs. (a) and (c) shall be retroactive to March 6, 2020.
23 Pa.C.S. § 6702 — PA Code / Title 23 / Chapter 67 / Section 6702
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:

"Actual address." A residential address, school address or work address of an individual.

"Law enforcement agency." A police department of a city, borough, incorporated town or township, the Pennsylvania State Police, district attorneys' offices and the Office of Attorney General.

"Office of Victim Advocate." The office established under section 301 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, that is responsible for the address confidentiality program pursuant to this chapter.

"Program participant." A person certified by the Office of Victim Advocate as eligible to participate in the address confidentiality program established by this chapter.

"Substitute address." The official address of the Office of Victim Advocate or a confidential address designated by the Office of Victim Advocate.

"Victim of domestic violence." A person who is a victim as defined by section 6102 (relating to definitions).

"Victim of human trafficking." As defined in 18 Pa.C.S. § 3001 (relating to definitions).

"Victim of kidnapping." A victim of an offense that is enumerated in 18 Pa.C.S. § 2901 (relating to kidnapping).

"Victim of sexual assault." A victim of an offense enumerated in 18 Pa.C.S. §§ 3121 (relating to rape), 3133 (relating to sexual extortion), 4302 (relating to incest), 6312 (relating to sexual abuse of children), 6318 (relating to unlawful contact with minor) and 6320 (relating to sexual exploitation of children).

"Victim of stalking." A victim of an offense enumerated in 18 Pa.C.S. § 2709.1 (relating to stalking).

(July 7, 2022, P.L.501, No.50, eff. 60 days; Dec. 14, 2023, P.L.366, No.39, eff. 60 days) 2023 Amendment. Act 39 amended the def. of "victim of human trafficking." 2022 Amendment. Act 50 amended the def. of "victim of sexual assault" and added the defs. of "victim of human trafficking" and "victim of kidnapping." Section 4(1) of Act 50 provided that the Office of Victim Advocate may promulgate regulations to effectuate the addition of the definitions of "victim of human trafficking" and "victim of kidnapping."
23 Pa.C.S. § 4376 — PA Code / Title 23 / Chapter 43 / Section 4376
Central registry.
Status: in_force

(a) Central registry created.--A central registry of records shall be maintained in the department showing, as far as it is known, with respect to any absent parent against whom support is sought, all of the following:

(1) The full and true name of such parent together with any known aliases.

(2) The date and place of birth.

(3) Physical description.

(4) Social Security number.

(5) Occupation and any special skills he may have.

(6) Military status and Veterans' Administration or military service serial number.

(7) Last known address and the date thereof.

(8) The number of the driver's license.

(9) Any further information that may be of assistance in locating the person or enforcing support.

(b) Information for registry.--To effectuate the purposes of this section, the department may request and shall receive from all boards or other agencies of this Commonwealth or any of its political subdivisions, and the same are authorized to provide, such assistance and data as will enable the Federal Government, the department and other public agencies in this State or in other states to carry out their duties to locate absent parents for the support of their children. The data to be provided from tax records shall include the full name, residence or address, name and address of the employer, income and assets and the Social Security number of the noncustodial parent. The department shall utilize the parent locator service pursuant to establishment in the Department of Health and Human Services by filing in accordance with section 453(b) of the Social Security Act (49 Stat. 620, 42 U.S.C. § 653(b)).

(c) Certain confidential records.--Notwithstanding any other provision of law, all State and local law enforcement agencies, the Board of Probation and Parole, the Department of Corrections and the Department of Transportation shall upon request provide the department, any domestic relations section or any child

support agency of the Federal Government or any state with such information regarding the location of an individual as may be contained in law enforcement, probation and parole, corrections, motor vehicle registration and operator licensing records.

(d) Limits on use.--Any records established pursuant to the provisions of this section shall be available only to public welfare offices, district attorneys, probation departments, domestic relations sections, Federal agencies and the agencies of other states conducting activities under Title IV-D of the Social Security Act and courts having jurisdiction in support or abandonment proceedings or actions and only for the purposes for which the records have been established. References in Text. The Pennsylvania Board of Probation and Parole, referred to in subsec. (c), was renamed the Pennsylvania Parole Board by the act of June 30, 2021 (P.L.260, No.59).
23 Pa.C.S. § 5329.1 — PA Code / Title 23 / Chapter 53 / Section 5329.1
Consideration of child abuse and involvement with protective services.
Status: in_force

(a) Information sharing.--In accordance with section 6340(a)(5.1) (relating to release of information in confidential reports), where a party seeks any form of custody, subject to the examination of the parties, the court shall determine:

(1) With respect to child abuse under Chapter 63 (relating to child protective services) or a child who is a victim of a crime under 18 Pa.C.S. (relating to crimes and offenses) which would constitute abuse under Chapter 63:

(i) Whether the child is the subject of an indicated or founded report of child abuse.

(ii) Whether a party or a member of the party's household has been identified as the perpetrator in an indicated or founded report of child abuse.

(iii) The date and circumstances of the child abuse.

(iv) The jurisdiction where the child abuse investigation took place.

(2) With respect to child protective services or general protective services under Chapter 63:

(i) Whether a party or a member of a party's household has been provided services.

(ii) The type of services provided.

(iii) The circumstances surrounding the provision of services.

(iv) The status of services.

(v) The date the services were provided.

(vi) The jurisdiction where the services were provided.

(b) Cooperation.--The following apply:

(1) The Department of Public Welfare and the county children and youth social service agency shall fully cooperate with the court and assist the court in fulfilling its duties under this section.

(2) The Department of Public Welfare and the county children and youth social service agency shall fully cooperate with the governing authority in order to implement the provisions of this section.

(3) The governing authority shall develop procedures to implement the provisions of this section.

(4) As used in this subsection, the term "governing authority" shall have the meaning given to it in 42 Pa.C.S. § 102 (relating to definitions). (Dec. 18, 2013, P.L.1167, No.107, eff. Jan. 1, 2014) 2013 Amendment . Act 107 added section 5329.1. See section 6 of Act 107 in the appendix to this title for special provisions relating to applicability. 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 5329.1 is referred to in sections 5323, 5328, 6340 of this title; section 6307 of Title 42 (Judiciary and Judicial Procedure).
23 Pa.C.S. § 1309 — PA Code / Title 23 / Chapter 13 / Section 1309
Filing applications and consent certificates.
Status: in_force

The applications for marriage licenses and consent certificates shall be immediately filed and docketed as public records.
23 Pa.C.S. § 4322 — PA Code / Title 23 / Chapter 43 / Section 4322
Support guideline.
Status: in_force

(a) Statewide guideline.--Child and spousal support shall be awarded pursuant to a Statewide guideline as established by general rule by the Supreme Court, so that persons similarly situated shall be treated similarly. The guideline shall be based upon the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support. In determining the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support, the guideline shall place primary emphasis on the net incomes and earning capacities of the parties, with allowable deviations for unusual needs, extraordinary expenses and other factors, such as the parties' assets, as warrant special attention. The guideline so developed shall be reviewed at least once every four years.

(b) Rebuttable presumption.--There shall be a rebuttable presumption, in any judicial or expedited process, that the amount of the award which would result from the application of such guideline is the correct amount of support to be awarded. A written finding or specific finding on the record that the application of the guideline would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption in that case, provided that the finding is based upon criteria established by the Supreme Court by general rule within one year of the effective date of this act. (Dec. 20, 1989, P.L.654, No.81, eff. imd.)

Cross References. Section 4322 is referred to in section 4305 of this title.
23 Pa.C.S. § 5101 — PA Code / Title 23 / Chapter 51 / Section 5101
Attainment of full age.
Status: in_force

(a) Age for entering into contracts.--Any individual 18 years of age and older shall have the right to enter into binding and legally enforceable contracts and the defense of minority shall not be available to such individuals.

(b) Age for suing and being sued.--Except where otherwise provided or prescribed by law, an individual 18 years of age and older shall be deemed an adult and may sue and be sued as such.
23 Pa.C.S. § 6338 — PA Code / Title 23 / Chapter 63 / Section 6338
Disposition of founded and indicated reports.
Status: in_force

(a) General rule.--When a report of suspected child abuse is determined by the appropriate county agency to be a founded report or an indicated report, the status of the report shall be changed from pending to founded or indicated in the Statewide database. Notice of the determination that a report is a founded, indicated or unfounded report shall be made as provided in section 6368(f) (relating to investigation of reports).

(b) Expunction of information when child attains 23 years of age.--Except as provided in subsection (c), all information which identifies the subjects of founded and indicated child abuse reports shall be expunged when the subject child reaches the age of 23. The expunction shall be mandated and guaranteed by the department.

(c) Retention of information.--The Statewide database shall indefinitely retain the names of perpetrators of child abuse and school employees who are subjects of founded or indicated reports only if the individual's Social Security number or date of birth is known to the department. The entry in the Statewide database shall not include identifying information regarding other subjects of the report. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 18, 2013, P.L.1170, No.108, eff. Dec. 31, 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 subsecs. (a) and (c) and Act 45 amended subsec. (a). Cross References. Section 6338 is referred to in section 6349 of this title.
23 Pa.C.S. § 3706 — PA Code / Title 23 / Chapter 37 / Section 3706
Bar to alimony.
Status: in_force

No petitioner is entitled to receive an award of alimony where the petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity.
23 Pa.C.S. § 7105 — PA Code / Title 23 / Chapter 71 / Section 7105
Application of part to resident of foreign country and foreign support proceeding.
Status: in_force

(a) Applicability.--A tribunal of this State shall apply
23 Pa.C.S. § 6335 — PA Code / Title 23 / Chapter 63 / Section 6335
Access to information in Statewide database.
Status: in_force

(a) Request for information.--A county agency or law enforcement official shall use the Statewide toll-free telephone number, or any manner prescribed by the department, to determine the existence of any prior reports involving a subject of the report. If the Statewide database contains information related to a report or a pending investigation or assessment concerning a subject of the report, the department shall immediately convey this information to the county agency or law enforcement official.

(b) Verification of need.--Information may be released under this section if a request for information is made orally or in writing and the department has done all of the following:

(1) Identified the requester, including electronic verification of the requester's identity.

(2) Determined whether the requester is authorized to obtain the information under this section.

(3) Provided notice to the requester that access and dissemination of the information is restricted as provided by this chapter.

(4) Obtained an affirmation by the requester that the request is within the scope of that person's official duties and the provisions of this chapter.

(c) Use by county agency or law enforcement official.--A county agency or law enforcement official may only request the information under subsection (a) for the purposes of investigating reports of child abuse, assessing allegations that a child is in need of general protective services, providing protective services to a child or investigating a crime against a child criminal offense. The following shall apply where information is requested pursuant to this section:

(1) A law enforcement official may use information contained in the Statewide database for the purpose of investigating a criminal offense as follows:

(i) Information regarding indicated and founded reports may be used for any purpose authorized by this chapter.

(ii) Information on all other reports may be used for the purposes of investigating a crime involving harm or threatened harm to a child, an alleged violation of section 6319 (relating to penalties for failure to report or to refer) or 6349 (relating to penalties) or an alleged violation of 18 Pa.C.S. § 4906.1 (relating to false reports of child abuse) or 4958 (relating to intimidation, retaliation or obstruction in child abuse cases).

(2) A county agency may use information contained in the Statewide database as follows:

(i) Information regarding indicated or founded reports may be used for any purpose authorized by this chapter.

(ii) Information on all other reports may be used for any purpose authorized by this chapter, except that information in reports that are not founded or indicated

may not be used as evidence by the county agency when determining that a new report of suspected abuse is an indicated report.

(3) The department may use information contained in the Statewide database as follows:

(i) Information regarding indicated or founded reports may be used for any purpose authorized by this chapter.

(ii) Information on all other reports may be used for any purpose authorized by this chapter, except that information in reports that are not founded or indicated may not be used as evidence by the department when determining that a new report of suspected abuse is an indicated report.

(4) Information in the Statewide database may not be used for any purpose not authorized by this chapter.

(d) Authorized releases for governmental functions.--No person, other than an employee of the department in the course of official duties in connection with the responsibilities of the department under this chapter, shall have access to any information in the Statewide database except as provided under this section and the following:

(1) Section 6334 (relating to disposition of complaints received).

(2) Section 6340 (relating to release of information in confidential reports).

(3) Section 6342 (relating to studies of data in records).

(4) Section 6343 (relating to investigating performance of county agency).

(5) Section 6343.1 (relating to citizen review panels).

(6) Section 6347 (relating to reports to Governor and General Assembly).

(e) Certifications.--Information provided in response to inquiries under section 6344 (relating to employees having contact with children; adoptive and foster parents), 6344.1 (relating to information relating to certified or licensed child-care home residents) or 6344.2 (relating to volunteers having contact with children) shall not include unfounded reports of child abuse or reports related to general protective services and shall be limited to the following:

(1) Whether the person was named as a perpetrator of child abuse in a founded or indicated report.

(2) Whether there is an investigation pending in which the individual is an alleged perpetrator.

(3) The number, date of the incidents upon which the report is based and the type of abuse or neglect involved in any reports identified under paragraph (1).

(f) Electronic technologies.--Requests under this section may be made using electronic technologies if appropriate verification is made in accordance with subsection (b). (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; Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014; July 1, 2015, P.L.94, No.15, eff. imd.) 2015 Amendment. Act 15 amended subsec. (e).
23 Pa.C.S. § 2932 — PA Code / Title 23 / Chapter 29 / Section 2932
Nonidentifying information.
Status: in_force

(a) Notice of receipt of request.--When the court or agency receives a written request for nonidentifying information, it shall, within 30 days, notify the individual requesting the information of its receipt of the request.

(b) Furnishing nonidentifying information.--The court or agency shall, within 120 days, review its records and furnish to the requester any information concerning the adoption that will not compromise the confidentiality of the relationship between the adoptee and the adoptee's birth parent.
23 Pa.C.S. § 7607 — PA Code / Title 23 / Chapter 76 / Section 7607
Contest of registration or enforcement.
Status: in_force

(a) Defenses.--A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving any 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) There is a defense under the law of this State to the remedy sought.

(6) Full or partial payment has been made.

(7) The statute of limitation under section 7604 (relating to choice of law) precludes enforcement of some or all of the arrearages.

(8) The alleged controlling order is not the controlling order.

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

(c) Affirmance.--If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) Cross References. Section 7607 is referred to in sections 7606, 77A07 of this title.
23 Pa.C.S. § 6375 — PA Code / Title 23 / Chapter 63 / Section 6375
County agency requirements for general protective services.
Status: in_force

(a) Duties of county agency.--The county agency shall make available a program of general protective services within each agency. The county agency shall perform those functions assigned by this chapter and others that would further the purposes of this chapter. It shall have sufficient staff of sufficient qualifications to fulfill the purposes of this chapter and be organized in a way as to maximize the continuity of responsibility, care and service of individual workers toward individual children and families. The department by regulation shall set forth staff-to-family ratios for the receipt and assessment of reports of children in need of protective services and for the provision of services to neglected children and their families.

(b) Organization of county agency.--Each county agency shall be organized and staffed to ensure that the agency can provide intake for general protective services. Intake occurs when a report or referral is made to the agency or when a parent or person responsible for the child's welfare requests the assistance of the agency.

(c) Assessment for services.--

(1) Within 60 days of receipt of a report, an assessment shall be completed and a decision on whether to accept the family for service shall be made. The county agency shall provide or arrange for services necessary to protect the child during the assessment period.

(1.1) The county agency shall immediately notify the department upon the completion of the assessment whether the report was determined to be valid or invalid and whether the family was accepted for services or referred to community services.

(1.2) The county agency shall immediately notify the department upon the closure of services for a child or family that has been accepted for services.

(2) Each county agency shall implement a State-approved risk assessment process in performance of its duties.

(d) Receiving and assessing reports.--The county agency shall be the sole civil agency responsible for receiving and assessing all reports of children in need of protective services made pursuant to this chapter for the purpose of providing protective services to prevent abuse or neglect to children and to provide or arrange for and monitor the provision of those services necessary to safeguard and ensure the child's well-being and development and to preserve and stabilize family life wherever appropriate. The department may waive the receipt and assessment requirement pursuant to section 6361 (relating to organization for child protective services). Nothing in this subsection limits 42 Pa.C.S. § 6304 (relating to powers and duties of probation officers).

(e) Family service plan.--The county agency shall prepare a written family service plan in accordance with regulations adopted by the department.

(f) Types of services.--Each county agency shall make available for the prevention and treatment of child abuse and

neglect: multidisciplinary teams, instruction and education for parenthood and parenting skills, protective and preventive social counseling, emergency caretaker services, emergency shelter care, emergency medical services, part-day services, out-of-home placement services, therapeutic activities for the child and family directed at alleviating conditions that present a risk to the safety and well-being of a child and any other services required by department regulations.

(g) Monitoring, evaluating and assessing.--The county agency shall frequently monitor the provision of services, evaluate the effectiveness of the services, conduct in-home visits and make a periodic assessment of the risk of harm to the child, which shall include maintaining an annually updated photograph of the child and verification of the identification of the child.

(h) Emergency coverage.--As part of its general protective services program, a county agency shall provide 24-hour-a-day emergency coverage and be accessible to the public.

(i) Protective custody.--Pursuant to section 6315 (relating to taking child into protective custody) and after receipt of a court order, the county agency shall take a child into protective custody to protect the child from abuse or further neglect. No county agency worker may take custody of a child without judicial authorization based on the merits of the situation.

(j) Court action.--If the county agency determines that protective services are in the best interest of a child and if an offer of those services is refused or if any other reason exists to warrant court action, the county agency shall initiate the appropriate court proceedings.

(k) Adjudication of dependency.--The county agency shall maintain its responsibility for petitioning the court when necessary for the adjudication of dependency of a child pursuant to 42 Pa.C.S. Ch. 63 (relating to juvenile matters).

(l) Assistance to court.--The county agency shall assist the court during all stages of a court proceeding in accordance with the purposes of this chapter.

(m) Weekly face-to-face contacts.--For those children assessed under this section 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.

(n) Transfer of files between county agencies.--Whenever a county agency transfers to another county agency a file relating to a child who receives or is in need of protective services under this chapter, the file shall include any photographic identification and an annual photograph taken of the child.

(o) Availability of information.--Information related to reports of a child in need of general protective services shall be available to individuals and entities to the extent they are authorized to receive information under section 6340 (relating to release of information in confidential reports). (Dec. 16, 1994, P.L.1292, No.151; Nov. 24, 1999, P.L.542, No.50, eff. 60 days; Oct. 27, 2006, P.L.1192, No.126, eff. 60 days; Dec. 18, 2013, P.L.1167, No.107, eff. Jan. 1, 2014; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014)

Amendment. Act 29 amended subsec. (c).

2013 Amendment . Act 107 added subsec. (o). See section 6 of Act 107 in the appendix to this title for special provisions relating to applicability. 2006 Amendment. Act 126 amended subsec. (g) and added subsec. (n). Section 3 of Act 126 provided that the Department of Public Welfare may promulgate rules and regulations to administer and enforce the amendment of section 6375 effected by Act 126. 1999 Amendment. Act 50 added subsec. (m). 1994 Amendment. Act 151 added section 6375, effective July 1, 1997, except as to subsec. (c)(2). See section 10(1) of Act 151 in the appendix to this title for special provisions relating to the effective date of subsec. (c)(2). Cross References. Section 6375 is referred to in section 6328 of Title 42 (Judiciary and Judicial Procedure).
23 Pa.C.S. § 4345 — PA Code / Title 23 / Chapter 43 / Section 4345
Contempt for noncompliance with support order.
Status: in_force

(a) General rule.--A person who willfully fails to comply with any order under this chapter, except an order subject to section 4344 (relating to contempt for failure of obligor to appear), 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 $1,000.

(3) Probation for a period not to exceed one year.

(b) Condition for release.--An order committing a defendant to jail under this section shall specify the condition the fulfillment of which will result in the release of the obligor. (Oct. 16, 1996, P.L.706, No.124, eff. 60 days) Cross References. Section 4345 is referred to in sections 4326, 4353 of this title.
23 Pa.C.S. § 5404 — PA Code / Title 23 / Chapter 54 / Section 5404
Application to Native American tribes.
Status: in_force

(a) Primacy of Indian Child Welfare Act.--A child custody proceeding that pertains to a Native American child as defined in the Indian Child Welfare Act of 1978 (Public Law 95-608, 25 U.S.C. § 1901 et seq.) is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act of 1978.

(b) Tribe treated as state.--A court of this Commonwealth shall treat a tribe as if it were a state of the United States for the purpose of applying Subchapter B (relating to jurisdiction) and this subchapter.

(c) Tribal custody determinations.--A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Subchapter C (relating to enforcement).
23 Pa.C.S. § 2907 — PA Code / Title 23 / Chapter 29 / Section 2907
Certificate of adoption.
Status: in_force

The clerk shall issue to the adopting parent or parents a certificate reciting that the court has granted the adoption. The certificate shall not disclose the name of any natural parent or the original name of the person adopted. The certificate shall be accepted in any legal proceedings in this Commonwealth as evidence of the fact that the adoption has been granted. Cross References. Section 2907 is referred to in section 2908 of this title.
23 Pa.C.S. § 2512 — PA Code / Title 23 / Chapter 25 / Section 2512
Petition for involuntary termination.
Status: in_force

(a) Who may file.--A petition to terminate parental rights with respect to a child under the age of 18 years may be filed by any of the following:

(1) Either parent when termination is sought with respect to the other parent.

(2) An agency.

(3) The individual having custody or standing in loco parentis to the child and who has filed a report of intention to adopt required by section 2531 (relating to report of intention to adopt).

(4) An attorney representing a child or a guardian ad litem representing a child who has been adjudicated dependent under 42 Pa.C.S. § 6341(c) (relating to adjudication).

(b) Contents.--The following apply:

(1) The petition shall set forth specifically those grounds and facts alleged as the basis for terminating parental rights.

(2) Except as provided in paragraph (3), the petition filed under this section shall also contain an averment that the petitioner will assume custody of the child until such time as the child is adopted.

(3) If the petitioner is a parent and section 2514 (relating to special provisions when child conceived as a result of rape or incest) applies, or if the petitioner is an agency, the petitioner shall not be required to aver that an adoption is presently contemplated nor that a person with a present intention to adopt exists.

(c) Father not identified.--If the petition does not identify the father of the child, it shall state whether a claim of paternity has been filed under section 8303 (relating to claim of paternity). (Dec. 20, 1995, P.L.685, No.76, eff. 60 days; Oct. 29, 2020, P.L.780, No.95, eff. 60 days) 2020 Amendment. Act 95 amended subsec. (b). Section 3 of Act 95 provided that the amendment or addition of subsec. (b) and section 2514 apply to petitions to involuntarily terminate parental rights filed on or after the effective date of section 3.

1995 Amendment. Act 76 added subsec. (a)(4). References in Text. Former section 8303, referred to in this section, is repealed. The subject matter is now contained in section 5103. Cross References. Section 2512 is referred to in sections 2513, 2521 of this title.
23 Pa.C.S. § 101 — PA Code / Title 23 / Chapter 1 / Section 101
Short title of title.
Status: in_force

This title shall be known and may be cited as the Domestic Relations Code.
23 Pa.C.S. § 5622 — PA Code / Title 23 / Chapter 56 / Section 5622
Petition for approval of designation.
Status: in_force

(a) General rule.--Except as provided in subsection (b), a petition for court approval of a designation under this chapter may be made when an individual who is a custodial parent of a minor has entered a rehabilitation facility for treatment of a drug or alcohol addiction or has been subject to emergency medical intervention due to abuse of drugs or alcohol by filing with the court a copy of the designation.

(b) Exception where designation has not been entered.--If a custodial parent has been subject to emergency medical intervention due to abuse of drugs or alcohol and a written designation has not been executed, a family member shall petition the court to hold a hearing to be designated temporary guardian. The petition, which shall require the notarized signature of the petitioner, shall be provided by the court in the following form: Petition for Temporary Guardianship without Consent of Parent I, .......................................................... (Insert Name, Address and Telephone Number of Family Member Petitioning for Temporary Guardianship and Relationship to Minor), HEREBY DECLARE MY INTENT TO BE APPOINTED TEMPORARY GUARDIAN OF ................................................... (Insert Name(s), Address(es) and Telephone Number(s) of Minor(s) for whom the appointment of temporary guardian is being sought) AS A RESULT OF EMERGENCY MEDICAL INTERVENTION RESULTING FROM ABUSE OF DRUGS OR ALCOHOL BY................................... ..................(Insert Name, Address and Telephone Number), FATHER/MOTHER TO............................................... (Insert Name(s) of Minor(s)), ON.............................. (Insert approximate date of the event). I HAVE NOTIFIED THE CHILD(REN)'S OTHER PARENT,............. ................................................................ (Insert Name, Address and Telephone Number), OF MY INTENT TO PETITION THIS COURT FOR TEMPORARY GUARDIANSHIP. I UNDERSTAND THAT FILING THIS PETITION DOES NOT REVOKE THE PARENTAL RIGHTS OF THE MINOR'S PARENT(S) NOR DOES IT GRANT ME ANY PARENTAL RIGHTS. I UNDERSTAND THAT MY RIGHTS AND RESPONSIBILITIES AS A TEMPORARY GUARDIAN TOWARD THE MINOR CHILD(REN) NAMED ABOVE WILL BECOME EFFECTIVE UPON THE COMPLETION OF A HEARING AND RENDERING OF A DECISION BY THE COURT.

I UNDERSTAND THAT FILING FEES AND OTHER COSTS ASSOCIATED WITH THESE PROCEEDINGS MAY BE WAIVED IF I DEMONSTRATE THE FEES AND OTHER COSTS WOULD CONSTITUTE A FINANCIAL BURDEN TO ME AND MY FAMILY. I HEREBY SWEAR OR AFFIRM THAT THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ................................. .............................. (SIGNATURE OF PETITIONER) (DATE)

(c) Notice.--

(1) The court shall notify a person named in the designation within 10 days of the filing of the petition and of any hearing on the petition.

(2) If a designation has not been executed, the petitioner shall notify the custodial parent or parents, noncustodial parent or adoptive parent within 10 days of the filing of the petition and of any hearing on the petition.

(3) If the petition alleges that a noncustodial parent cannot be located, that parent shall be notified in accordance with the notice provisions of the Pennsylvania Rules of Civil Procedure in custody matters. No notice is necessary to a parent whose parental rights have previously been terminated or relinquished.

(d) Jurisdiction.--For purposes of determining jurisdiction under this chapter, the provisions of Chapter 54 (relating to uniform child custody jurisdiction and enforcement) shall apply.

(e) Presumptions.--In a proceeding for judicial appointment of a temporary guardian, a designation shall constitute a rebuttable presumption that the designated temporary guardian is capable of serving as coguardian or guardian. When the designator is the sole surviving parent and when the parental rights of any noncustodial parent have been terminated or relinquished or when all parties consent to the designation, there shall be a rebuttable presumption that entry of the approval order is in the best interest of the child. In any case, if the court finds entry of the approval order to be in the best interests of the child, the court shall enter an order approving the designation petition.

(f) Approval without hearing.--Approval of the designation without a hearing is permitted when the designator is the sole surviving parent, when the parental rights of a noncustodial parent have been terminated or relinquished or when all parties consent to entry of the approval order.

(g) Hearing.--If a hearing is required, it shall be conducted in accordance with the proceedings under Chapters 53 (relating to child custody) and 54.

(h) Court appearance.--If a designation has not been executed and a petition for temporary guardianship has been filed with the court by a family member, the custodial parent and noncustodial parent or adoptive parent shall appear in court in order to consent to or oppose the designation. If notice has been given under subsection (c)(3) and a noncustodial parent does not appear in court, it is presumed that consent to the designation has been granted.

(i) Costs.--A court may waive filing fees and other costs upon application when the petitioner demonstrates the fees and other costs would constitute a financial burden upon the petitioner and the petitioner's family. There shall be a presumption of a financial burden if the income from all sources of the petitioner is less than 300% of the poverty level set by the Federal Government.

Cross References. Section 5622 is referred to in section 5623 of this title.
23 Pa.C.S. § 1310 — PA Code / Title 23 / Chapter 13 / Section 1310
Duration and form of license.
Status: in_force

The marriage license shall not be valid for a longer period than 60 days from the date of issue and shall be in substantially the following form: Commonwealth of Pennsylvania No. ................ ss: County of (name) To any person authorized by law to solemnize marriage: You are hereby authorized to join together in holy state of matrimony, according to the laws of the Commonwealth of Pennsylvania, (name) and (name). Given under my hand and seal of the Court of Common Pleas of (name), at (city, borough or town), on (date). Signed .......................... (Official Title)
23 Pa.C.S. § 6336 — PA Code / Title 23 / Chapter 63 / Section 6336
Information in Statewide database.
Status: in_force

(a) Information authorized.--The Statewide database shall include and shall be limited to the following information:

(1) The names, Social Security numbers, age, race, ethnicity and sex of the subjects of the reports.

(2) The date or dates and the nature and extent of the alleged instances that created the need for protective services.

(3) The home addresses of the subjects of the report.

(4) The county in which the alleged incidents that created the need for protective services occurred.

(5) Family composition.

(6) The name and relationship to the child in question and of other persons named in the report.

(7) Factors contributing to the need for protective services.

(8) The source of the report.

(9) Services planned or provided.

(10) If the report alleges child abuse, whether the report was determined to be founded, indicated or unfounded.

(11) If the report alleged the child was in need of general protective services, whether the report was valid or invalid.

(12) If the report was accepted for services and the reasons for the acceptance.

(13) If the report was not accepted for services, the reason the report was not accepted and whether the family was referred to other community services.

(14) Information obtained by the department in relation to a perpetrator's or school employee's request to release, amend or expunge information retained by the department or the county agency.

(15) The progress of any legal proceedings brought on the basis of the report of suspected child abuse.

(16) Whether a criminal investigation has been undertaken and the result of the investigation and of any criminal prosecution.

(17) In the case of an unfounded or invalid report, if it is later determined that the initial report was a false report, a notation to that effect regarding the status of the report.

(18) Unfounded reports of child abuse, limited to the information authorized under section 6337 (relating to disposition and expunction of unfounded reports and general protective services reports).

(19) Any additional information provided in section 6313(c) (relating to reporting procedure).

(20) Any additional demographic information that the department requires to comply with section 6342 (relating to studies of data in records).

(21) A family case record for each family accepted for investigation, assessment or services which shall be maintained consistent with regulatory requirements.

(22) With respect to cases that are not accepted for child abuse investigation or general protective services assessment or are referred to community services:

(i) The reason the report was not accepted.

(ii) Any information provided to the referral source or the family related to other services or option available to address the report.

(23) Any other information that is necessary to maintain the names of persons convicted of a violation under 18 Pa.C.S. § 4906.1 (relating to false reports of child abuse) or the names of persons who made a false report of the need for general protective services. No information other than that permitted in this subsection shall be retained in the Statewide database.

(b) Type of information released.--(Deleted by amendment).

(c) Limitation on release of information.--(Deleted by amendment). (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 6336 is referred to in section 6331 of this title.
23 Pa.C.S. § 3707 — PA Code / Title 23 / Chapter 37 / Section 3707
Effect of death of either party.
Status: in_force

Upon the death of the payee party, the right to receive alimony pursuant to this chapter shall cease. Upon the death of the payor party, the obligation to pay alimony shall cease unless otherwise indicated in an agreement between the parties or an order of court.
23 Pa.C.S. § 77A05 — PA Code / Title 23 / Chapter 77 / Section 77A05
Direct request.
Status: in_force

(a) General rule.--A petitioner may file a direct request seeking:

(1) Establishment or modification of a support order or determination of parentage of a child. In the proceeding, the determination of parentage of a child under the law of this State applies.

(2) Recognition and enforcement of a support order or support agreement. In the proceeding, sections 77A06 (relating to registration of convention support order), 77A07 (relating to contest of registered convention support order), 77A08 (relating to recognition and enforcement of registered convention support order), 77A09 (relating to partial enforcement), 77A10 (relating to foreign support agreement), 77A11 (relating to modification of convention child support order), 77A12 (relating to personal information) and 77A13 (relating to record in original language) apply.

(b) Requirements.--In a direct request for recognition and enforcement of a convention support order or foreign support agreement, the following apply:

(1) A security, bond or deposit may not be required to guarantee the payment of costs and expenses.

(2) An obligee or obligor that, in the issuing country, has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this State under the same circumstances.

(c) (Reserved).

(d) Assistance.--A petitioner filing a direct request is not entitled to assistance from the department.

(e) Application of other laws.--This chapter does not prevent the application of laws of this State that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
23 Pa.C.S. § 3333 — PA Code / Title 23 / Chapter 33 / Section 3333
Res judicata and estoppel.
Status: in_force

The validity of a divorce or annulment decree granted by a court having jurisdiction over the subject matter may not be questioned by a party who was subject to the personal jurisdiction of the court except by direct appeal provided or prescribed by law. A party who sought and obtained a decree, financed or agreed to its procurement, or accepted a property settlement, alimony pendente lite or alimony pursuant to the terms of the decree, or who remarries after the decree, or is guilty of laches, is barred from making a collateral attack upon the validity of the decree unless, by clear and convincing evidence, it is established that fraud by the other party prevented the making of a timely appeal from the divorce or annulment decree.
23 Pa.C.S. § 7 — PA Code / Title 23 / Chapter 7 / Section 7
Applicability.
Status: in_force

This act shall apply as follows:

(1) This act shall apply to transfers made or obligations incurred on or after the effective date of this act.

(2) This act shall not apply to transfers made or obligations incurred before the effective date of this act.

(3) This act shall not apply to rights of action that have accrued before the effective date of the enacting legislation.

(4) For a purpose specified under this section, transfers are made and obligations are incurred at the time provided under 12 Pa.C.S. § 5106.

Explanatory Note. Act 78 amended, added or renumbered the heading of Chapter 51 and sections 5101, 5102, 5103, 5104, 5105, 5106, 5107, 5108, 5109, 5110, 5111, 5112, 5113 and 5114 of Title 12 and section 4352 of Title 23. 2018, JUNE 28, P.L.375, NO.54
23 Pa.C.S. § 5202 — PA Code / Title 23 / Chapter 52 / Section 5202
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:

"Abduction." The wrongful removal or wrongful retention of a child.

"Child." An unemancipated individual who is under 18 years of age.

"Child custody determination." Any judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and modification order.

"Child custody proceeding." A proceeding in which legal custody, physical custody or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights or protection from domestic violence.

"Court." An entity authorized under the law of a state to establish, enforce or modify a child custody determination.

"Petition." A motion or its equivalent.

"Record." Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"State." A state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands or any territory or

insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation.

"Travel document." Records relating to a travel itinerary, including travel tickets, passes, reservations for transportation or accommodations. The term does not include a passport or visa.

"Wrongful removal." The taking of a child that breaches rights of custody or visitation given or recognized under the laws of this Commonwealth.

"Wrongful retention." The keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the laws of this Commonwealth.
23 Pa.C.S. § 3501 — PA Code / Title 23 / Chapter 35 / Section 3501
Definitions.
Status: in_force

(a) General rule.--As used in this chapter, "marital property" means all property acquired by either party during the marriage and the increase in value of any nonmarital property acquired pursuant to paragraphs (1) and (3) as measured and determined under subsection (a.1). However, marital property does not include:

(1) Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage.

(2) Property excluded by valid agreement of the parties entered into before, during or after the marriage.

(3) Property acquired by gift, except between spouses, bequest, devise or descent or property acquired in exchange for such property.

(4) Property acquired after final separation until the date of divorce, except for property acquired in exchange for marital assets.

(5) Property which a party has sold, granted, conveyed or otherwise disposed of in good faith and for value prior to the date of final separation.

(6) Veterans' benefits exempt from attachment, levy or seizure pursuant to the act of September 2, 1958 (Public Law 85-857, 72 Stat. 1229), as amended, except for those benefits received by a veteran where the veteran has waived a portion of his military retirement pay in order to receive veterans' compensation.

(7) Property to the extent to which the property has been mortgaged or otherwise encumbered in good faith for value prior to the date of final separation.

(8) Any payment received as a result of an award or settlement for any cause of action or claim which accrued prior to the marriage or after the date of final separation regardless of when the payment was received.

(a.1) Measuring and determining the increase in value of nonmarital property.--The increase in value of any nonmarital property acquired pursuant to subsection (a)(1) and (3) shall be measured from the date of marriage or later acquisition date to either the date of final separation or the date as close to the hearing on equitable distribution as possible, whichever date results in a lesser increase. Any decrease in value of the nonmarital property of a party shall be offset against any increase in value of the nonmarital property of that party. However, a decrease in value of the nonmarital property of a party shall not be offset against any increase in value of the nonmarital property of the other party or against any other marital property subject to equitable division.

(b) Presumption.--All real or personal property acquired by either party during the marriage is presumed to be marital property regardless of whether title is held individually or by the parties in some form of co-ownership such as joint tenancy, tenancy in common or tenancy by the entirety. The presumption of marital property is overcome by a showing that the property was acquired by a method listed in subsection (a).

(c) Defined benefit retirement plans.--Notwithstanding subsections (a), (a.1) and (b):

(1) In the case of the marital portion of a defined benefit retirement plan being distributed by means of a deferred distribution, the defined benefit plan shall be allocated between its marital and nonmarital portions solely by use of a coverture fraction. The denominator of the coverture fraction shall be the number of months the employee spouse worked to earn the total benefit and the numerator shall be the number of such months during which the parties were married and not finally separated. The benefit to which the coverture fraction is applied shall include all postseparation enhancements except for enhancements arising from postseparation monetary contributions made by the employee spouse, including the gain or loss on such contributions.

(2) In the case of the marital portion of a defined benefit retirement plan being distributed by means of an immediate offset, the defined benefit plan shall be allocated between its marital and nonmarital portions solely by use

of a coverture fraction. The denominator of the coverture fraction shall be the number of months the employee spouse worked to earn the accrued benefit as of a date as close to the time of trial as reasonably possible and the numerator shall be the number of such months during which the parties were married and not finally separated. The benefit to which the coverture fraction is applied shall include all postseparation enhancements up to a date as close to the time of trial as reasonably possible except for enhancements arising from postseparation monetary contributions made by the employee spouse, including the gain or loss on such contributions. (Nov. 29, 2004, P.L.1357, No.175, eff. 60 days) 2004 Amendment. Act 175 amended subsec. (a) and added subsecs. (a.1) and (c). See section 5(6) of Act 175 in the appendix to this title for special provisions relating to applicability. Equitable Distribution Proceedings. Section 1 of Act 4 of 2005 provided that subsec. (c) shall apply to all equitable distribution proceedings pending on or after the effective date of section 1.
23 Pa.C.S. § 5402 — PA Code / Title 23 / Chapter 54 / Section 5402
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:

"Abandoned." Left without provision for reasonable and necessary care or supervision.

"Child." An individual who has not attained 18 years of age.

"Child custody determination." A judgment, decree or other order of a court providing for legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

"Child custody proceeding." A proceeding in which legal custody, physical custody or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under Subchapter C (relating to enforcement).

"Commencement." The filing of the first pleading in a proceeding.

"Court." An entity authorized under the law of a state to establish, enforce or modify a child custody determination.

"Home state." The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child six months of age or younger, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

"Initial determination." The first child custody determination concerning a particular child.

"Issuing court." The court that makes a child custody determination for which enforcement is sought under this chapter.

"Modification." A child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

"Person." An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government or governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity.

"Person acting as a parent." A person, other than a parent, who:

(1) has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and

(2) has been awarded legal custody by a court or claims a right to legal custody under the laws of this Commonwealth.

"Physical custody." The physical care and supervision of a child.

"State." A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

"Tribe." A Native American tribe or band, or Alaskan Native village, which is recognized by Federal law or formally acknowledged by a state.

"Warrant." An order issued by a court authorizing law enforcement officers to take physical custody of a child.
23 Pa.C.S. § 4303 — PA Code / Title 23 / Chapter 43 / Section 4303
Information to consumer reporting agency.
Status: in_force

Information regarding the name and the amount of arrearages owed by an obligor shall be provided periodically to consumer reporting agencies whenever the obligor owes overdue support, subject to the following:

(1) The information shall be available only after the obligor owing the arrearages has been notified of the proposed action and given a period not to exceed 20 days to contest the accuracy of the information. The notice shall be as provided by local rule of the court of common pleas.

(2) Such information shall not be made available to:

(i) a consumer reporting agency which the department determines not to have sufficient capability to systematically and timely make accurate use of such information; or

(ii) an entity which has not furnished evidence satisfactory to the department that the entity is a consumer reporting agency. (Apr. 4, 1996, P.L.58, No.20, 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. § 6118 — PA Code / Title 23 / Chapter 61 / Section 6118
Full faith and credit (Repealed).
Status: repealed

2001 Repeal. Section 6118 was repealed June 22, 2001, P.L.576, No.39, effective in 60 days.
23 Pa.C.S. § 1502 — PA Code / Title 23 / Chapter 15 / Section 1502
Forms where parties perform ceremony.
Status: in_force

(a) Declaration of authorization.--In all cases in which the parties intend to solemnize their marriage by religious ceremony without officiating clergy, the marriage shall not take place until their right so to do is certified in a declaration in substantially the following form: Commonwealth of Pennsylvania No. .... ss: County of (name) To (name) and (name) Legal evidence having been furnished to me, in accordance with law, this certifies that I am satisfied that there is no legal impediment to you joining yourselves together in marriage. Signed ....................... (Official Title)

(b) Marriage certificates.--In lieu of the certificate set forth in section 1501 (relating to form of marriage certificates), there shall be appended to the declaration two certificates, numbered to correspond to the declaration, in the following form: We hereby certify that on (date), we united ourselves in marriage, at (city, borough or town), County of (name), Pennsylvania, having first obtained from the Court of Common Pleas of (name) a declaration numbered . that the court was satisfied that there was no existing legal impediment to our so doing. Signed ....................... Signed ....................... We, the undersigned, were present at the solemnization of the marriage of (name) and (name), as set forth in the foregoing certificate. Signed ....................... Signed .......................
23 Pa.C.S. § 5105 — PA Code / Title 23 / Chapter 51 / Section 5105
Fingerprinting of children.
Status: in_force

Notwithstanding the provisions of 54 Pa.C.S. § 702(b) (relating to change by order of court), a child who is 12 years of age or younger shall not be required to submit a set of fingerprints for the purpose of a name change under 54 Pa.C.S. Ch. 7 (relating to judicial change of name). (Dec. 15, 1998, P.L.963, No.127, eff. imd.) 1998 Amendment. Act 127 added section 5105.
23 Pa.C.S. § 2530 — PA Code / Title 23 / Chapter 25 / Section 2530
Home study and preplacement report.
Status: in_force

(a) General rule.--No intermediary shall place a child in the physical care or custody of a prospective adoptive parent or parents unless a home study containing a favorable recommendation for placement of a child with the prospective

parent or parents has been completed within three years prior thereto and which has been supplemented within one year prior thereto. The home study shall be conducted by a local public child-care agency, an adoption agency or a licensed social worker designated by the court to perform such study.

(b) Preplacement report.--A preplacement report shall be prepared by the agency or person conducting the home study.

(1) The preplacement report shall set forth all pertinent information relating to the fitness of the adopting parents as parents.

(2) The preplacement report shall be based upon a study which shall include an investigation of the home environment, family life, parenting skills, age, physical and mental health, social, cultural and religious background, facilities and resources of the adoptive parents and their ability to manage their resources. The preplacement report shall also include the information required by section 6344(b) (relating to employees having contact with children; adoptive and foster parents).

(3) The preplacement report shall include a determination regarding the fitness of the adopting parents as parents.

(4) The preplacement report shall be dated and verified.

(c) Interim placement.--Where a home study required under this section is in process, but not yet completed, an intermediary may place a child in the physical care or custody of a prospective adoptive parent or parents if all of the following conditions are met:

(1) The intermediary has no reason to believe that the prospective adoptive parent or parents would not receive a favorable recommendation for placement as a result of the home study.

(2) The individual or agency conducting the home study assents to the interim placement.

(3) The intermediary immediately notifies the court of the interim placement and the identity of the individual or agency conducting the home study. If at any time prior to the completion of the home study the court is notified by the individual or agency conducting the home study that it withdraws its assent to the interim placement, the court may order the placement of the child in temporary foster care with an agency until a favorable recommendation for placement is received. (May 21, 1992, P.L.228, No.34, eff. 60 days; Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014) 2014 Amendment. Act 153 amended subsec. (b)(2). 1992 Amendment. Act 34 added section 2530. Cross References. Section 2530 is referred to in sections 2531, 2701 of this title.
23 Pa.C.S. § 7903 — PA Code / Title 23 / Chapter 79 / Section 7903
Severability.
Status: in_force

If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of this part which can be given effect without the invalid provision or application, and to this end the provisions of this part are severable. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) 2015 Amendment. Act 94 added section 7903.
23 Pa.C.S. § 4 — PA Code / Title 23 / Chapter 4 / Section 4
Continuation of prior law.
Status: in_force

The addition of 23 Pa.C.S. Ch. 46 is a continuation of the act of June 24, 1937 (P.L.2045, No.397), known as The Support Law. The following apply:

(1) Except as otherwise provided in 23 Pa.C.S. Ch. 46, all activities initiated under The Support Law shall continue and remain in full force and effect and may be completed under 23 Pa.C.S. Ch. 46. Orders, regulations and decisions which were made under The Support Law and which are in effect on the effective date of section 2 of this act shall remain in full force and effect until revoked, vacated or modified under 23 Pa.C.S. Ch. 46. Contracts, obligations and agreements entered into under The Support Law are not affected nor impaired by the repeal of The Support Law.

(2) No provision of The Support Law which was suspended by order of the Supreme Court shall be revived by the addition of 23 Pa.C.S. Ch. 46.

(3) Except as set forth in paragraph (4), any difference in language between 23 Pa.C.S. Ch. 46 and The Support Law is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of The Support Law.

(4) Paragraph (3) does not apply to the addition of 23 Pa.C.S. § 4604(c) and (d).

(5) Any reference in a statute or a regulation to The Support Law shall be deemed a reference to 23 Pa.C.S. Ch. 46. Explanatory Note. Act 43 amended or added Chapter 46 and section 6334 of Title 23. 2005, NOVEMBER 10, P.L.335, NO.66 Preamble The General Assembly finds and declares as follows:

(1) The provisions of 23 Pa.C.S. Ch. 61 (relating to protection from abuse) are necessary and proper in that they further the Commonwealth's compelling State interest to protect victims of domestic violence from abuse.

(2) The Second Amendment to the Constitution of the United States and section 21 of Article I of the Constitution of Pennsylvania recognize a fundamental right to keep and bear arms.

(3) The limitation of firearm rights for the duration of a protection from abuse order as authorized by 23 Pa.C.S.

Ch. 61 is a reasonable regulation, a valid exercise of the police power of the Commonwealth and furthers the compelling State interest to protect victims from abuse.

(4) As provided in 23 Pa.C.S. Ch. 61, a court may impose limitations on firearm rights prohibiting someone who has engaged in domestic violence from possessing firearms when the court deems it appropriate to do so in order to protect a victim. Explanatory Note. Act 66 amended or added sections 6102, 6105, 6106, 6109 and 6115 of Title 18 and sections 6102, 6103, 6104, 6105, 6106, 6107, 6108, 6108.1, 6108.2, 6108.3, 6108.4, 6108.5, 6110, 6113, 6113.1, 6114, 6117, 6119, 6120, 6121 and 6122 of Title 23. 2008, JULY 9, P.L.276, NO.33 § 6. Department of Public Welfare reports. Within 12 months of the effective date of this section, the Department of Public Welfare shall submit a report to the Governor and General Assembly on implementation of child abuse and criminal history information requirements under the act of December 18, 2007 (P.L.469, No.73), entitled "An act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for information relating to prospective child-care personnel." Information shall include, but not be limited to:

(1) A summary of the requirements of the act of December 18, 2007 (P.L.469, No.73), entitled "An act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for information relating to prospective child-care personnel."

(2) The number of applicants for child-care services, day-care providers and foster and adoptive parents and adult persons who reside in their homes who are impacted by the requirements.

(3) Fees for Federal criminal history record checks.

(4) A description of the administrative process for the electronic transmission of fingerprints to the Federal Bureau of Investigation for Federal criminal history records.

(5) Any findings and recommendations. 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. Explanatory Note. Act 33 amended or added sections 6303, 6318, 6340, 6342, 6343, 6343.1, 6365 and 6367 of Title 23. 2013, DECEMBER 18, P.L.1167, NO.107
23 Pa.C.S. § 4381 — PA Code / Title 23 / Chapter 43 / Section 4381
Garnishment of wages of Commonwealth employees.
Status: in_force

Notwithstanding any other provision of law, moneys due from or payable by the Commonwealth, including any agency, instrumentality or authority thereof, due to any individual shall be subject, in like manner and to the same extent as if the Commonwealth were a private person, to legal process brought for the enforcement against such individual of his legal obligations to provide support for a child or spouse.
23 Pa.C.S. § 4341 — PA Code / Title 23 / Chapter 43 / Section 4341
Commencement of support actions or proceedings.
Status: in_force

(a) Procedure.--A support action or proceeding under this chapter shall be commenced in the manner prescribed by the Rules of Civil Procedure governing actions of support.

(b) Standing.--Any person caring for a child shall have standing to commence or continue an action for support of that child regardless of whether a court order has been issued granting that person custody of the child.

(c) Jurisdiction.--The court shall exercise Statewide jurisdiction over the parties to a proceeding under this chapter. (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. § 3332 — PA Code / Title 23 / Chapter 33 / Section 3332
Opening or vacating decrees.
Status: in_force

A motion to open a decree of divorce or annulment may be made only within the period limited by 42 Pa.C.S. § 5505 (relating to modification of orders) and not thereafter. The motion may lie where it is alleged that the decree was procured by intrinsic fraud or that there is new evidence relating to the cause of action which will sustain the attack upon its validity. A motion to vacate a decree or strike a judgment alleged to be void because of extrinsic fraud, lack of jurisdiction over the subject matter or a fatal defect apparent upon the face of the record must be made within five years after entry of the final decree. Intrinsic fraud relates to a matter adjudicated by the judgment, including perjury and false testimony, whereas extrinsic fraud relates to matters collateral to the judgment which have the consequence of precluding a fair hearing or presentation of one side of the case.
23 Pa.C.S. § 2532 — PA Code / Title 23 / Chapter 25 / Section 2532
Filing of report.
Status: in_force

The report required by section 2531 (relating to report of intention to adopt) shall be filed within 30 days after the date of receipt of the custody or physical care of the child.
23 Pa.C.S. § 6373 — PA Code / Title 23 / Chapter 63 / Section 6373
General protective services responsibilities of county agency.
Status: in_force

(a) Program objectives.--Each county agency is responsible for administering a program of general protective services to children and youth that is consistent with the agency's objectives to:

(1) Keep children in their own homes, whenever possible.

(2) Prevent abuse, neglect and exploitation.

(3) Overcome problems that result in dependency.

(4) Provide temporary, substitute placement in a foster family home or residential child-care facility for a child in need of care.

(5) Reunite children and their families whenever possible when children are in temporary, substitute placement.

(6) Provide a permanent, legally assured family for a child in temporary, substitute care who cannot be returned to his own home.

(7) Provide services and care ordered by the court for children who have been adjudicated dependent.

(b) Efforts to prevent need for removal from home.--In its effort to assist the child and the child's parents, pursuant to Federal regulations, the county agency will make reasonable efforts prior to the placement of a child in foster care to prevent or eliminate the need for removal of the child from his home and to make it possible for the child to return to home.

(c) Assistance in obtaining available benefits.--The county agency shall aid the child and the family in obtaining benefits and services for which they may qualify under Federal, State and local programs.

(d) Duplication of services.--Except where ordered by the court in a proceeding brought under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), a county agency shall not be required to duplicate services which are the statutory responsibility of any other agency. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1997) 1994 Amendment. Act 151 added section 6373.
23 Pa.C.S. § 2915 — PA Code / Title 23 / Chapter 29 / Section 2915
Court and agency records.
Status: in_force

(a) General rule.--All court and agency records shall be maintained as a permanent record and withheld from inspection except as provided under this chapter.

(b) Who may access court or agency records.--Only the following are authorized to access court or agency records for the purpose of releasing nonidentifying or identifying information under this chapter:

(1) The court which finalized the adoption.

(2) The agency that coordinated the adoption.

(3) A successor agency authorized by the court which finalized the adoption.

(c) Disposition of agency records upon closure.--

(1) As soon as practicable, but not less than 30 days prior to the date on which an agency ceases to operate as a legal entity in this Commonwealth, the agency shall, unless it has applied to operate as a new legal entity, notify the department of its intention to cease operating.

(2) Within this time period, the agency shall submit a plan to the department relating to the closure and transfer of case records to another agency. The plan shall be subject to approval by the department.

(3) In preparation for its closure and transfer of case records, the agency shall label its case records to identify the respective court that finalized an adoption or where a petition to terminate parental rights or to adopt has been filed.

(4) The department shall notify each court so identified by the agency of the name, address and telephone number of the agency to which case records have been transferred.
23 Pa.C.S. § 5613 — PA Code / Title 23 / Chapter 56 / Section 5613
Authority of standby guardian.
Status: in_force

(a) General rule.--The standby guardian shall have authority to act as coguardian or guardian upon the occurrence of the triggering event. The commencement of the standby guardian's authority to act as coguardian pursuant to a determination of incapacity, a determination of debilitation and consent or the receipt of consent alone shall not itself divest the designator of any parental rights but shall confer upon the standby guardian concurrent or shared custody of the child. The commencement of the standby guardian's authority to act as guardian pursuant to the death of the designator shall not confer upon the standby guardian more than physical and legal custody of the child as defined in Chapter 53 (relating to custody). A coguardian shall assure frequent and continuing contact with and physical access to the child and shall further assure the involvement of the parent, to include, to the greatest extent possible, in the decision making on behalf of the child.

(b) Effect of filing.--The designator may file a petition for approval of a designation with the court at any time. If the petition is approved by the court before the occurrence of the triggering event, the standby guardian's authority will commence automatically upon the occurrence of the triggering event. No further petition or confirmation is necessary. If a designation has been made but the petition for approval of the designation has not been filed and a triggering event has occurred, the standby guardian shall have temporary legal authority to act as a coguardian or guardian of the minor without the direction of the court for a period of 60 days. The standby guardian shall within that period file a petition for approval in accordance with section 5612 (relating to petition for approval of a designation). If no petition is filed within the specified 60 days, the standby guardian shall lose all authority to act as coguardian or guardian. If a petition is filed but the court does not act upon it within the 60-day period, the temporary legal authority to act as coguardian or guardian shall continue until the court orders otherwise.

(c) Parental rights.--The commencement of a coguardian's or guardian's authority under this subchapter may not itself divest a parent or legal guardian of any parental or guardianship rights.

(d) Restored capacity.--If a licensed physician determines that the designator has regained capacity, the coguardian's authority which commenced pursuant to the occurrence of a

triggering event shall become inactive, and the coguardian shall return to having no authority. Failure of a coguardian to comply with this provision and to immediately return the minor to the designator's care shall entitle the designator to an emergency hearing in a court of competent jurisdiction. 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. § 5324 — PA Code / Title 23 / Chapter 53 / Section 5324
Standing for any form of physical custody or legal custody.
Status: in_force

The following individuals may file an action under this chapter for any form of physical custody or legal custody:

(1) A parent of the child.

(2) A person who stands in loco parentis to the child.

(3) A grandparent of the child who is not in loco parentis to the child:

(i) whose relationship with the child began either with the consent of a parent of the child or under a court order;

(ii) who assumes or is willing to assume responsibility for the child; and

(iii) when one of the following conditions is met:

(A) the child has been determined to be a dependent child under 42 Pa.C.S. Ch. 63 (relating to juvenile matters);

(B) the child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or incapacity; or

(C) the child has, for a period of at least 12 consecutive months, resided with the grandparent, excluding brief temporary absences of the child from the home, and is removed from the home by the parents, in which case the action must be filed within six months after the removal of the child from the home.

(4) Subject to paragraph (5), an individual who establishes by clear and convincing evidence all of the following:

(i) The individual has assumed or is willing to assume responsibility for the child.

(ii) The individual has a sustained, substantial and sincere interest in the welfare of the child. In determining whether the individual meets the requirements

of this subparagraph, the court may consider, among other factors, the nature, quality, extent and length of the involvement by the individual in the child's life.

(iii) Neither parent has any form of care and control of the child.

(5) Paragraph (4) shall not apply if:

(i) a dependency proceeding involving the child has been initiated or is ongoing; or

(ii) there is an order of permanent legal custody under 42 Pa.C.S. § 6351(a)(2.1) or (f.1)(3) (relating to disposition of dependent child). (May 4, 2018, P.L.112, No.21, eff. 60 days) 2018 Amendment. Act 21 added pars. (4) and (5). Section 3 of Act 21 provided that the addition of pars. (4) and (5) shall apply to all custody proceedings irrespective of whether the proceeding was commenced before, on or after the effective date of section 3. Cross References. Section 5324 is referred to in sections 5323, 5325, 5326 of this title.
23 Pa.C.S. § 2514 — PA Code / Title 23 / Chapter 25 / Section 2514
Special provisions when child conceived as a result of rape or incest.
Status: in_force

Notwithstanding any other provision of law to the contrary, when a petition has been filed by a parent seeking to involuntarily terminate parental rights of the other parent

under section 2511(a)(7) (relating to grounds for involuntary termination), the following apply:

(1) The petitioner shall not be required to aver that:

(i) the petitioner will assume custody of the child until such time as the child is adopted;

(ii) adoption is presently contemplated; or

(iii) a person with a present intention to adopt exists.

(2) Parental rights shall be terminated if all other legal requirements have been met. (Oct. 29, 2020, P.L.780, No.95, eff. 60 days) 2020 Amendment. Act 95 added section 2514. Section 3 of Act 95 provided that the amendment or addition of sections 2512(b) and 2514 apply to petitions to involuntarily terminate parental rights filed on or after the effective date of section 3. Cross References. Section 2514 is referred to in section 2512 of this title.
23 Pa.C.S. § 3 — PA Code / Title 23 / Chapter 3 / Section 3
Expunction.
Status: in_force

A report under 23 Pa.C.S. § 6337(d), which is due to be expunged from the Statewide database during the 365-day period following the enactment of this act, shall continue to be maintained in the Statewide database and shall be subject to the expunction provisions of 23 Pa.C.S. § 6337(d) on and after the effective date of the amendment of 23 Pa.C.S. § 6337(d). Explanatory Note. Act 54 amended or added sections 6332, 6337, 6344, 6344.2 and 6386 of Title 23. 2018, OCTOBER 24, P.L.649, NO.92
23 Pa.C.S. § 2101 — PA Code / Title 23 / Chapter 21 / Section 2101
Short title of part.
Status: in_force

This part shall be known and may be cited as the "Adoption Act."
23 Pa.C.S. § 5508 — PA Code / Title 23 / Chapter 55 / Section 5508
Liability of parent not having custody or control of child.
Status: in_force

(a) General rule.--No liability may be imposed upon a parent under this chapter if, at the time of commission of the tortious act, the parent has neither custody of the child nor is entitled to custody of the child or if the child is institutionalized or emancipated.

(b) Exception.--No parent is absolved of liability due to the desertion of the child by the parent.
23 Pa.C.S. § 2923 — PA Code / Title 23 / Chapter 29 / Section 2923
Filing information with registry.
Status: in_force

An adoptee, an adoptive parent and a birth parent may at any time file and update medical and social history information with the registry on a form developed by the department.
23 Pa.C.S. § 1704 — PA Code / Title 23 / Chapter 17 / Section 1704
Marriage between persons of the same sex.
Status: in_force

It is hereby declared to be the strong and longstanding public policy of this Commonwealth that marriage shall be between one man and one woman. A marriage between persons of the same sex which was entered into in another state or foreign jurisdiction, even if valid where entered into, shall be void in this Commonwealth. (Oct. 16, 1996, P.L.706, No.124, eff. 60 days) 1996 Amendment. Act 124 added section 1704.
23 Pa.C.S. § 1504 — PA Code / Title 23 / Chapter 15 / Section 1504
Returns of marriages.
Status: in_force

(a) General rule.--The original marriage certificate shall be signed by the person solemnizing the marriage and given to the parties contracting the marriage. The duplicate certificate shall be signed by the person or by a member of the religious society, institution or organization solemnizing the marriage and returned for recording within ten days to the court which issued the license.

(b) Marriage performed by parties.--If the marriage was solemnized by the parties themselves, the original certificate shall be signed by the parties to the marriage, attested by two witnesses and retained by the parties contracting the marriage. The duplicate certificate shall be signed by the parties to the marriage, attested by the same two witnesses and returned for recording within ten days to the court issuing the license.
23 Pa.C.S. § 7302 — PA Code / Title 23 / Chapter 73 / Section 7302
Action by minor parent.
Status: in_force

A minor parent or a guardian or other legal representative of a minor parent may maintain a proceeding on behalf of or for the benefit of the minor's child.
23 Pa.C.S. § 6318 — PA Code / Title 23 / Chapter 63 / Section 6318
Immunity from liability.
Status: in_force

(a) General rule.--A person, hospital, institution, school, facility, agency or agency employee acting in good faith shall have immunity from civil and criminal liability that might otherwise result from any of the following:

(1) Making a report of suspected child abuse or making a referral for general protective services, regardless of whether the report is required to be made under this chapter.

(2) Cooperating or consulting with an investigation under this chapter, including providing information to a child fatality or near-fatality review team.

(3) Testifying in a proceeding arising out of an instance of suspected child abuse or general protective services.

(4) Engaging in any action authorized under section 6314 (relating to photographs, medical tests and X-rays of child subject to report), 6315 (relating to taking child into protective custody), 6316 (relating to admission to private and public hospitals) or 6317 (relating to mandatory reporting and postmortem investigation of deaths).

(b) Departmental and county agency immunity.--An official or employee of the department or county agency who refers a report of suspected child abuse for general protective services to law enforcement authorities or provides services as authorized by this chapter shall have immunity from civil and criminal liability that might otherwise result from the action.

(c) Presumption of good faith.--For the purpose of any civil or criminal proceeding, the good faith of a person required to report pursuant to section 6311 (relating to persons required to report suspected child abuse) and of any person required to make a referral to law enforcement officers under this chapter shall be presumed. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Nov. 29, 2006, P.L.1581, No.179, eff. 60 days; July 3, 2008, P.L.276, No.33, eff. 180 days; Dec. 18, 2013, P.L.1201, No.119, eff. July 1, 2014)
23 Pa.C.S. § 4327 — PA Code / Title 23 / Chapter 43 / Section 4327
Postsecondary educational costs.
Status: in_force

(a) General rule.--Where applicable under this section, a court may order either or both parents who are separated, divorced, unmarried or otherwise subject to an existing support obligation to provide equitably for educational costs of their child whether an application for this support is made before or after the child has reached 18 years of age. The responsibility to provide for postsecondary educational expenses is a shared responsibility between both parents. The duty of a parent to provide a postsecondary education for a child is not as exacting a requirement as the duty to provide food, clothing and shelter for a child of tender years unable to support himself. This authority shall extend to postsecondary education, including periods of undergraduate or vocational education after the child graduates from high school. An award for postsecondary educational costs may be entered only after the child or student has made reasonable efforts to apply for scholarships, grants and work-study assistance.

(b) Action to recover educational expenses.--An action to recover educational costs may be commenced:

(1) by the student if over 18 years of age; or

(2) by either parent on behalf of a child under 18 years of age, but, if the student is over 18 years of age, the student's written consent to the action must be secured.

(c) Calculation of educational costs.--In making an award under this section, the court shall calculate educational costs as defined in this section.

(d) Grants and scholarships.--The court shall deduct from the educational costs all grants and scholarships awarded to the student.

(e) Other relevant factors.--After calculating educational costs and deducting grants and scholarships, the court may order either parent or both parents to pay all or part of the remaining educational costs of their child. The court shall consider all relevant factors which appear reasonable, equitable and necessary, including the following:

(1) The financial resources of both parents.

(2) The financial resources of the student.

(3) The receipt of educational loans and other financial assistance by the student.

(4) The ability, willingness and desire of the student to pursue and complete the course of study.

(5) Any willful estrangement between parent and student caused by the student after attaining majority.

(6) The ability of the student to contribute to the student's expenses through gainful employment. The student's history of employment is material under this paragraph.

(7) Any other relevant factors.

(f) When liability may not be found.--A court shall not order support for educational costs if any of the following circumstances exist:

(1) Undue financial hardship would result to the parent.

(2) The educational costs would be a contribution for postcollege graduate educational costs.

(3) The order would extend support for the student beyond the student's twenty-third birthday. If exceptional circumstances exist, the court may order educational support for the student beyond the student's twenty-third birthday.

(g) Parent's obligation.--A parent's obligation to contribute toward the educational costs of a student shall not include payments to the other parent for the student's living expenses at home unless the student resides at home with the other parent and commutes to school.

(h) Termination or modification of orders.--Any party may request modification or termination of an order entered under this section upon proof of change in educational status of the student, a material change in the financial status of any party or other relevant factors.

(i) Applicability.--

(1) This act shall apply to all divorce decrees, support agreements, support orders, agreed or stipulated court orders, property settlement agreements, equitable distribution agreements, custody agreements and/or court orders and agreed to or stipulated court orders in effect on, executed or entered since, November 12, 1992.

(2) In addition, this act shall apply to all pending actions for support. This section shall not supersede or modify the express terms of a voluntary written marital settlement agreement or any court order entered pursuant thereto.

(j) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Educational costs." Tuition, fees, books, room, board and other educational materials.

"Postsecondary education." An educational or vocational program provided at a college, university or other postsecondary vocational, secretarial, business or technical school. (July 2, 1993, P.L.431, No.62, eff. imd.) 1993 Amendment. Act 62 added section 4327. See the preamble to Act 62 in the appendix to this title for special provisions relating to legislative intent.
23 Pa.C.S. § 7610 — PA Code / Title 23 / Chapter 76 / Section 7610
Effect of registration for modification.
Status: in_force

A tribunal of this State may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of this State, but the registered support order may be modified only if the requirements of section 7611 (relating to modification of child support order of another state) or 7613 (relating to jurisdiction to modify child support order of another state when individual parties reside in this State) have been met. (Dec. 28, 2015, P.L.559, No.94, eff. imd.)
23 Pa.C.S. § 6712 — PA Code / Title 23 / Chapter 67 / Section 6712
Rules and regulations.
Status: in_force

The Office of Victim Advocate shall have the following duties in order to implement this chapter:

(1) The Office of Victim Advocate shall adopt and use guidelines which shall be published in the Pennsylvania Bulletin. The guidelines shall not be subject to review under section 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, or the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(2) By July 1, 2006, the Office of Victim Advocate shall in accordance with law promulgate regulations to replace the guidelines under paragraph (1).

(3) The guidelines under paragraph (1) shall take effect in 180 days and expire on the earlier of the effective date of regulations promulgated under paragraph (2) or July 1, 2007.
23 Pa.C.S. § 1304 — PA Code / Title 23 / Chapter 13 / Section 1304
Restrictions on issuance of license.
Status: repealed

(a) Examinations and tests for syphilis.--(Repealed).

(b) Minors.--

(1) No marriage license may be issued if either of the applicants for a license is under 18 years of age.

(2) (Deleted by amendment).

(c) Incompetent persons.--No marriage license may be issued if either of the applicants for a license is weak minded,

insane, of unsound mind or is under guardianship as a person of unsound mind unless the court decides that it is for the best interest of the applicant and the general public to issue the license and authorizes the issuance of the license.

(d) Persons under influence of alcohol or drugs.--No marriage license may be issued if, at the time of making application, either of the applicants is under the influence of alcohol or drugs.

(e) Marriage to relatives.--No marriage license may be issued to applicants within the prohibited degrees of consanguinity which are as follows: A man may not marry his mother. A man may not marry the sister of his father. A man may not marry the sister of his mother. A man may not marry his sister. A man may not marry his daughter. A man may not marry the daughter of his son or daughter. A man may not marry his first cousin. A woman may not marry her father. A woman may not marry the brother of her father. A woman may not marry the brother of her mother. A woman may not marry her brother. A woman may not marry her son. A woman may not marry the son of her son or daughter. A woman may not marry her first cousin. (Dec. 22, 1993, P.L.555, No.79, eff. 60 days; June 25, 1997, P.L.331, No.35, eff. imd.; May 8, 2020, P.L.121, No.18, eff. 60 days) 2020 Amendment. Act 18 amended subsec. (b). 1997 Repeal. Act 35 repealed subsec. (a). 1993 Amendment. Act 79 amended subsec. (b). Cross References. Section 1304 is referred to in sections 1306, 3304 of this title; section 1201 of Title 4 (Amusements); section 8204 of Title 74 (Transportation).
23 Pa.C.S. § 6312 — PA Code / Title 23 / Chapter 63 / Section 6312
Persons encouraged to report suspected child abuse.
Status: in_force

Any person may make an oral or written report of suspected child abuse, which may be submitted electronically, or cause a report of suspected child abuse to be made to the department, county agency or law enforcement, if that person has reasonable cause to suspect that a child is a victim of child abuse. (Apr. 15, 2014, P.L.417, No.33, eff. Dec. 31, 2014) Cross References. Section 6312 is referred to in section 6320 of this title.
23 Pa.C.S. § 5449 — PA Code / Title 23 / Chapter 54 / Section 5449
Service of petition and order.
Status: in_force

Except as otherwise provided in section 5451 (relating to warrant to take physical custody of child), the petition and order must be served by any method authorized by the laws of this Commonwealth upon respondent and any person who has physical custody of the child.
23 Pa.C.S. § 4391 — PA Code / Title 23 / Chapter 43 / Section 4391
Definitions.
Status: in_force

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

"Date of hire." The first day an employee performs services for remuneration.

"Employee." An individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 3401 et seq.). The term shall not include an employee of a Federal or State agency performing intelligence or counterintelligence functions if the head of the agency has determined that reporting the information required by this section with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.

"Employer." The term has the meaning given in section 3401(d) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 3401(d)) and includes any government agency and any labor organization.

"Newly hired employee." The term includes:

(1) a new employee; and

(2) a rehired former employee who was:

(i) laid off, furloughed, separated or granted leave without pay for more than 30 days; or

(ii) terminated from employment.
23 Pa.C.S. § 6114 — PA Code / Title 23 / Chapter 61 / Section 6114
Contempt for violation of order or agreement.
Status: in_force

(a) General rule.--Where the police, sheriff or the plaintiff have filed charges of indirect criminal contempt against a defendant for violation of a protection order issued under this chapter, a foreign protection order or a court-approved consent agreement, the court may hold the defendant in indirect criminal contempt and punish the defendant in accordance with law.

(a.1) Jurisdiction.--A court shall have jurisdiction over indirect criminal contempt charges for violation of a protection order issued pursuant to this chapter in the county where the

violation occurred and in the county where the protection order was granted. A court shall have jurisdiction over indirect criminal contempt charges for violation of a foreign protection order in the county where the violation occurred.

(a.2) Minor defendant.--Any defendant who is a minor and who is charged with indirect criminal contempt for allegedly violating a protection from abuse order shall be considered to have committed an alleged delinquent act as that term is defined in 42 Pa.C.S. § 6302 (relating to definitions) and shall be treated as provided in 42 Pa.C.S. Ch. 63 (relating to juvenile matters).

(b) Trial and punishment.--

(1) A sentence for contempt under this chapter may include:

(i)

(A) a fine of not less than $300 nor more than $1,000 and imprisonment up to six months; or

(B) a fine of not less than $300 nor more than $1,000 and supervised probation not to exceed six months; and

(ii) an order for other relief set forth in this chapter.

(2) All money received under this section shall be distributed in the following order of priority:

(i) $100 shall be forwarded to the Commonwealth and shall be appropriated to the Pennsylvania State Police to establish and maintain the Statewide registry of protection orders provided for in section 6105 (relating to responsibilities of law enforcement agencies).

(ii) $100 shall be retained by the county and shall be used to carry out the provisions of this chapter as follows:

(A) $50 shall be used by the sheriff.

(B) $50 shall be used by the court.

(iii) $100 shall be forwarded to the Department of Public Welfare for use for victims of domestic violence in accordance with the provisions of section 2333 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(iv) Any additional money shall be forwarded to the Commonwealth and shall be used by the Pennsylvania State Police to establish and maintain the Statewide registry of protection orders provided for in section 6105.

(3) The defendant shall not have a right to a jury trial on a charge of indirect criminal contempt. However, the defendant shall be entitled to counsel.

(4) Upon conviction for indirect criminal contempt and at the request of the plaintiff, the court shall also grant an extension of the protection order for an additional term.

(5) Upon conviction for indirect criminal contempt, the court shall notify the sheriff of the jurisdiction which issued the protection order of the conviction.

(6) The minimum fine required by subsection (b)(1) allocated pursuant to subsection (b)(2)(i) and (iii) shall be used to supplement and not to supplant any other source of funds received for the purpose of carrying out the provisions of this chapter.

(c) Notification upon release.--The appropriate releasing authority or other official as designated by local rule shall use all reasonable means to notify the victim sufficiently in advance of the release of the offender from any incarceration imposed under subsection (b). Notification shall be required for work release, furlough, medical leave, community service,

discharge, escape and recapture. Notification shall include the terms and conditions imposed on any temporary release from custody. The plaintiff must keep the appropriate releasing authority or other official as designated by local rule advised of contact information; failure to do so will constitute waiver of any right to notification under this section.

(d) Multiple remedies.--Disposition of a charge of indirect criminal contempt shall not preclude the prosecution of other criminal charges associated with the incident giving rise to the contempt, nor shall disposition of other criminal charges preclude prosecution of indirect criminal contempt associated with the criminal conduct giving rise to the charges. (Oct. 6, 1994, P.L.574, No.85, eff. 60 days; Mar. 24, 1998, P.L.204, No.36, eff. 60 days; June 22, 2001, P.L.576, No.39, eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 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. Cross References. Section 6114 is referred to in sections 5329, 6108 of this title; sections 4136, 4137 of Title 42 (Judiciary and Judicial Procedure).
23 Pa.C.S. § 77A02 — PA Code / Title 23 / Chapter 77 / Section 77A02
Applicability.
Status: in_force

This chapter applies only to a support proceeding under the convention. In a proceeding, if a provision of this chapter is inconsistent with Chapter 71 (relating to general provisions), 72 (relating to jurisdiction), 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) or 76 (relating to registration, enforcement and modification of support order), this chapter controls.
23 Pa.C.S. § 77A10 — PA Code / Title 23 / Chapter 77 / Section 77A10
Foreign support agreement.
Status: in_force

(a) Recognition and enforcement.--Except as otherwise provided in subsections (c) and (d), a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State.

(b) Documentation required.--An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by the following:

(1) A complete text of the foreign support agreement.

(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

(c) Vacating registration.--A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition

and enforcement would be manifestly incompatible with public policy.

(d) Contested agreements.--In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds any of the following:

(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy.

(2) The agreement was obtained by fraud or falsification.

(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state or a foreign country if the support order is entitled to recognition and enforcement under this part in this State.

(4) The record submitted under subsection (b) lacks authenticity or integrity.

(e) Suspension during appeal.--A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. Cross References. Section 77A10 is referred to in section 77A05 of this title.
23 Pa.C.S. § 6334 — PA Code / Title 23 / Chapter 63 / Section 6334
Disposition of complaints received.
Status: in_force

(a) Receipt of reports by county agencies and law enforcement.--After ensuring the immediate safety of the child and any other child in the child's home, a county agency or law enforcement official that receives a report of suspected child abuse shall immediately notify the department of the report. If the report is an oral report by telephone, the county agency or law enforcement official shall attempt to collect as much of the information listed in section 6313(c) (relating to reporting procedure) as possible and shall submit the information to the department within 48 hours through a report in writing or by electronic technologies.

(b) Receipt of reports by department and referral to county agency.--The department shall immediately transmit an oral notice or a notice by electronic technologies to the county agency of the county where the suspected child abuse is alleged to have occurred. The notice shall contain the following information:

(1) That a report of suspected child abuse by a perpetrator has been received.

(2) The substance of the report.

(3) The existence in the Statewide database of a prior report or a current investigation or assessment concerning a subject of the report.

(c) Receipt of reports by department and referral to law enforcement.--If the department receives a report of suspected child abuse that also alleges that a criminal offense has been committed against the child, the department shall immediately transmit an oral notice or notice by electronic technologies to the appropriate law enforcement official in the county where the suspected child abuse is alleged to have occurred. The notice shall contain the following information, consistent with section 6340(a)(9) and (10) (relating to release of information in confidential reports):

(1) That a report of suspected child abuse has been received.

(2) The substance of the report.

(3) The existence in the Statewide database under section 6331 (relating to establishment of Statewide database) of a prior report or a current investigation or assessment concerning a subject of the report.

(d) Notice of joint referrals.--When a report is referred to the county agency under subsection (b) and is also referred to a law enforcement official under subsection (c), the notice shall include information as to the name and contact information of any persons receiving the referral, if known.

(e) Jurisdictional overlap.--If the residency of any subject of a report is a factor that requires the cooperation of more than one county agency, the department shall develop procedures to ensure the cooperation of those agencies in carrying out the requirements of this chapter.

(f) Referral for services or investigation.--If the report received does not suggest a need for protective services but does suggest a need for social services or other services or investigation, the department shall transmit the information to the county agency or other public agency for appropriate action. The information shall not be considered a child abuse report unless the agency to which the information was referred has reasonable cause to suspect after investigation that abuse occurred. If the agency has reasonable cause to suspect that abuse occurred, the agency shall notify the department, and the initial report shall be considered to have been a child abuse report.

(g) Recording of pending reports.--Upon receipt of a report of suspected child abuse, the department shall maintain a record of the complaint of suspected child abuse in the Statewide database. Upon receipt of a report under section 6353.2 (relating to responsibilities of county agency), the department shall maintain a record of the report in the Statewide database under section 6331.

(h) Child abuse in another state where the victim child and the alleged perpetrator are residents of the Commonwealth.--A report of suspected child abuse by a resident perpetrator occurring in another state shall be referred by the department to the county agency where the child resides in this Commonwealth and shall be investigated by the county agency as any other report of suspected child abuse by a perpetrator if the other state's child protective services agency cannot or will not investigate the report.

(i) Child abuse in another state where only the alleged perpetrator is a resident of this Commonwealth.--If suspected child abuse occurs in a jurisdiction other than this Commonwealth and only the alleged perpetrator is a resident of this Commonwealth, the report of suspected child abuse shall be referred to the county agency where the alleged perpetrator resides. The county agency shall do all of the following:

(1) Notify the children and youth social service agency of the jurisdiction in which the suspected child abuse occurred.

(2) If requested by the other agency, assist in investigating the suspected child abuse.

(j) Child abuse in another state where only the victim child is a resident of this Commonwealth.--A report of suspected child abuse occurring in another state where only the victim child resides in this Commonwealth and where the other state's child protective services agency cannot or will not investigate the report shall be assigned as a general protective services report to the county agency where the child resides.

(k) Copies of report.--A copy of a report of suspected child abuse under subsections (h), (i) and (j) shall be provided to the other state's child protective services agency and, if appropriate, to law enforcement officials where the incident occurred.

(l) Communication.--Reports and information under subsections (h), (i) and (j) shall be provided within seven calendar days of completion of the investigation. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; July 7, 2005, P.L.196, No.43, eff. imd.; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014) References in Text. Section 6353.2, referred to in this section, was repealed by the act of May 14, 2014 (P.L.645, No.44) and by the act of May 14, 2014 (P.L.653, No.45). Cross References. Section 6334 is referred to in sections 6304, 6335, 6368 of this title.
23 Pa.C.S. § 5506 — PA Code / Title 23 / Chapter 55 / Section 5506
Double recovery for same injury prohibited.
Status: in_force

In no case shall there be a double recovery for one injury. Any judgment against a child resulting from a tortious act for which a parent makes payment under this chapter shall be reduced by the amount paid by the parent.
23 Pa.C.S. § 28 — PA Code / Title 23 / Chapter 28 / Section 28
Applicability.
Status: in_force

This act shall apply as follows:

(1) Except as otherwise provided in paragraph (2), any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

(2) Paragraph (1) shall not apply to the provisions of 71 Pa.C.S. Explanatory Note. Act 207 amended sections 102, 1503, 6102, 6113, 6113.1, and 6340 of Title 23.
23 Pa.C.S. § 8102 — PA Code / Title 23 / Chapter 81 / Section 8102
Scope.
Status: in_force

This part applies to actions between parties from different counties in this Commonwealth. This part does not apply to actions under Part VIII (relating to uniform interstate family support).
23 Pa.C.S. § 1 — PA Code / Title 23 / Chapter 1 / Section 1
Findings and declarations.
Status: in_force

The General Assembly finds and declares as follows:

(1) The Commonwealth has a duty to protect all children in this Commonwealth, and all three branches of the State government play important roles in fulfilling that duty.

(2) Domestic abuse is a pattern of abuse within the family or household and can include abuse of a partner, spouse, child or pet.

(3) Although abusers often use physical violence as one of the tactics to commit domestic abuse, these tactics are not necessarily physical or illegal.

(4) These tactics can include verbal, emotional, psychological and economic abuse, isolation, threats, controlling behaviors, monitoring, litigation abuse and threats to seek or demands for custody or joint custody to pressure the partner to return or punish the partner for leaving.

(5) The health and safety of all children in this Commonwealth must be the first priority in all decisions concerning child custody.

(6) It is the intent of the General Assembly to ensure that in all cases and controversies before the courts involving questions of child custody, the health, safety and welfare of the child are protected and regarded as issues of paramount importance.

Explanatory Note. Act 8 amended sections 5322, 5323, 5328, 5329, 5334, 5335 and 5339 of Title 23 and added section 1908 of Title 42.
23 Pa.C.S. § 6388 — PA Code / Title 23 / Chapter 63 / Section 6388
Task Force on Child Pornography.
Status: in_force

(a) Establishment.--The Task Force on Child Pornography is established.

(b) Purpose.--The purpose of the task force is to conduct a review to ascertain any inadequacies relating to the offense of child pornography in 18 Pa.C.S. § 6312 (relating to sexual abuse of children).

(c) Composition.--The task force shall consist of the following members, who shall be appointed within 25 days after the effective date of this section:

(1) The secretary or a designee.

(2) The Attorney General or a designee.

(3) The Commissioner of Pennsylvania State Police or a designee.

(4) The Chairman of the Pennsylvania Commission on Crime and Delinquency or a designee.

(5) The Executive Director of the Pennsylvania Commission on Sentencing or a designee.

(6) Two members of the Senate, one appointed by the President pro tempore of the Senate and one appointed by the Minority Leader of the Senate.

(7) Two members of the House of Representatives, one appointed by the Speaker of the House of Representatives and one appointed by the Minority Leader of the House of Representatives.

(8) The Victim Advocate from the Office of Victim Advocate or a designee from that office.

(9) The President of the Pennsylvania District Attorneys Association or a designee.

(10) The Director of the Pennsylvania Coalition Against Rape or a designee.

(11) One member of the Pennsylvania Sexual Offenders Assessment Board. If possible, the member shall be a member of the Association for the Treatment of Sexual Abusers.

(12) One member of the Pennsylvania Internet Crimes Against Children (ICAC) Task Force.

(13) The director of a rape crisis center located in this Commonwealth or a designee, appointed by the Governor.

(14) One representative of a children's advocacy center that assists in the investigation, prosecution and treatment of child sexual and physical abuse cases, appointed by the Governor.

(15) Two medical professionals that specialize in the field of child sexual abuse, one of whom shall be appointed by the President pro tempore of the Senate and one of whom shall be appointed by the Speaker of the House of Representatives.

(16) One member of the public, appointed by the President pro tempore of the Senate.

(17) One member of the public, appointed by the Speaker of the House of Representatives.

(d) Chairperson.--The Governor shall select the chairperson of the task force.

(e) Member requirements.--

(1) The appointed members of the task force under subsection (c)(16) and (17) must be individuals who have experience in investigations or prosecutions of child pornography or sexual abuse of children, have experience in the treatment of victims of child pornography or sexual abuse of children, have experience in the prevention of child pornography or sexual abuse of children or are victims of child pornography or sexual abuse of children.

(2) The appointment of members must reflect the geographic diversity of this Commonwealth.

(f) Meetings and expenses.--The task force shall conduct its business as follows:

(1) The task force shall meet at least four times but may hold additional meetings as determined by the chairperson of the task force.

(2) The chairperson of the task force shall schedule a meeting upon written request of eight members of the task force.

(3) The first meeting of the task force shall be convened within 45 days of the effective date of this section.

(4) The task force shall hold public hearings as necessary to obtain the information required to conduct its review.

(5) Action of the task force shall be authorized or ratified by majority vote of the members of the task force.

(6) The Pennsylvania Commission on Crime and Delinquency and the Joint State Government Commission shall cooperate to provide administrative or other assistance to the task force.

(7) The members of the task force shall not receive compensation but shall be reimbursed for reasonable and necessary expenses incurred in the service of the task force.

(g) Powers.--The task force shall have the following powers:

(1) To recommend any improvements relating to the investigation and prosecution of child pornography as defined in 18 Pa.C.S. § 6312.

(2) To recommend any necessary changes in State statutes and practices, policies and procedures relating to the recognition or prosecution of child pornography as defined in 18 Pa.C.S. § 6312.

(h) Report.--

(1) Within one year of the first meeting of the task force, the task force shall submit a report with its recommendations to the following:

(i) The Governor.

(ii) The President pro tempore of the Senate.

(iii) The Speaker of the House of Representatives.

(iv) The chairperson and minority chairperson of the Judiciary Committee of the Senate.

(v) The chairperson and minority chairperson of the Judiciary Committee of the House of Representatives.

(2) The report under this subsection must be adopted at a public meeting of the task force.

(3) The report under this subsection shall be a public record under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(i) Expiration.--The task force shall expire upon the submission of the report under subsection (h).

(j) Definition.--As used in this section, the term "task force" means the Task Force on Child Pornography established in this section. (June 30, 2021, P.L.249, No.53, eff. 60 days) 2021 Amendment. Act 53 added section 6388.
23 Pa.C.S. § 10 — PA Code / Title 23 / Chapter 10 / Section 10
Effective date.
Status: in_force

This act shall take effect as follows:

(1)

(i) The addition of 23 Pa.C.S. §§ 6362(e) and 6375(c)(2) shall take effect upon the effective date of regulations promulgated by the Department of Public Welfare to implement the provisions of this act or within three years from July 1, 1995, whichever is earlier.

(ii) Subparagraph (i) does not preclude the department from continuing to support the county agencies in the development of risk assessment processes prior to the adoption of regulations, as required under subparagraph (i).

(2)

(i) The department shall promulgate regulations pertaining to general protective services as provided under this act no later than July 1, 1997.

(ii) Regulations pertaining to general protective services that have been adopted by the department under 55 Pa. Code Ch. 3480 (relating to Child Protective Services - General) shall remain in effect until regulations have been adopted pursuant to subparagraph

(i). * * * 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. 1998, NOVEMBER 24, P.L.811, NO.103 Preamble The General Assembly finds and declares as follows:

(1) Existing law does not provide adequately for the needs of a parent who is terminally ill or who is periodically incapable of caring for the needs of a minor due to the parent's incapacity or debilitation resulting from illness and who desires to make long-term plans for the future of a minor without terminating or limiting in any way the parent's legal rights.

(2) It is the intent of the General Assembly to create an expeditious procedure which will enable a parent who is terminally ill or periodically incapable or debilitated to make long-term plans for a minor without terminating or limiting in any manner parental rights. Explanatory Note. Act 103 added Chapter 56 of Title 23. 2004, NOVEMBER 29, P.L.1357, NO.175 § 5. Applicability. This act shall apply as follows:

(1) The amendment of the definition of "separate and apart" in 23 Pa.C.S. § 3103 shall apply to complaints served before, on or after the effective date of this paragraph.

(2) The addition of 23 Pa.C.S. § 3106 shall apply to premarital agreements executed on or after the effective date of this paragraph.

(3) The amendment or addition of 23 Pa.C.S. § 3323(c) and (c.1) shall apply to bifurcation proceedings commenced on or after the effective date of this paragraph.

(4) The amendment or addition of 20 Pa.C.S. § 2203(a) and (c) and 23 Pa.C.S. § 3323(d.1) shall apply to the death of one of the parties on or after the effective date of this paragraph irrespective of whether the divorce proceeding was commenced before, on or after the effective date of this paragraph.

(5) The addition of 23 Pa.C.S. § 3323(g) shall apply to bifurcation proceedings commenced on or after the effective date of this paragraph and cases in which one of the parties dies on or after the effective date of this paragraph.

(6) The amendment or addition of 23 Pa.C.S. § 3501(a)(3) and (a.1) shall apply to all equitable distribution proceedings irrespective of whether the proceeding was commenced before, on or after the effective date of this paragraph.

(7) (Repealed).

(8) The amendment or addition of 23 Pa.C.S. § 3502(a) introductory paragraph, (10.1) and (10.2) shall apply to all equitable distribution proceedings irrespective of whether the proceeding was commenced before, on or after the effective date of this paragraph.

(9) The addition of 23 Pa.C.S. § 3502(f) shall apply to all divorce proceedings irrespective of whether the action was commenced before, on or after the effective date of this paragraph.

(10) The amendment of 23 Pa.C.S. § 3505(d) shall apply to all equitable distribution proceedings irrespective of whether the proceeding was commenced before, on or after the effective date of this paragraph.

(11) The amendment of 23 Pa.C.S. § 3506 shall apply to all orders made on or after the effective date of this paragraph. (June 15, 2005, P.L.7, No.4, eff. imd.) 2005 Repeal. Act 5 repealed par. (7). Explanatory Note. Act 175 amended or added sections 3103, 3106, 3323, 3501, 3502, 3505 and 3506 of Title 23. 2004, NOVEMBER 30, P.L.1618, NO.207
23 Pa.C.S. § 5451 — PA Code / Title 23 / Chapter 54 / Section 5451
Warrant to take physical custody of child.
Status: in_force

(a) General rule.--Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant

to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this Commonwealth.

(b) Petition.--If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this Commonwealth, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by section 5448(b) (relating to expedited enforcement of child custody determination).

(c) Warrant.--A warrant to take physical custody of a child must:

(1) recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;

(2) direct law enforcement officers to take physical custody of the child immediately; and

(3) provide for the placement of the child pending final relief.

(d) Time of service.--The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody.

(e) Enforcement.--A warrant to take physical custody of a child is enforceable throughout this Commonwealth. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.

(f) Appearance of child.--The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian. Cross References. Section 5451 is referred to in section 5449 of this title.
23 Pa.C.S. § 3902 — PA Code / Title 23 / Chapter 39 / Section 3902
Fees and costs.
Status: in_force

(a) Imposition of fee.--A county in which the court has established a mediation program may impose an additional filing fee of up to $20 on divorce and custody complaints to be used to fund the mediation program.

(b) Assessment of additional costs.--The court may assess additional costs of mediation on either party.
23 Pa.C.S. § 6382 — PA Code / Title 23 / Chapter 63 / Section 6382
Guardian ad litem for child in court proceedings (Repealed).
Status: repealed

2000 Repeal. Section 6382 was repealed May 10, 2000, P.L.74, No.18, effective in 60 days.
23 Pa.C.S. § 5422 — PA Code / Title 23 / Chapter 54 / Section 5422
Exclusive, continuing jurisdiction.
Status: in_force

(a) General rule.--Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this Commonwealth which has made a child custody determination consistent with section 5421 (relating to initial child custody jurisdiction) or 5423 (relating to jurisdiction to modify determination) has exclusive, continuing jurisdiction over the determination until:

(1) a court of this Commonwealth determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this Commonwealth and that substantial evidence is no longer available in this Commonwealth concerning the child's care, protection, training and personal relationships; or

(2) a court of this Commonwealth or a court of another state determines that the child, the child's parents and any person acting as a parent do not presently reside in this Commonwealth.

(b) Modification where court does not have exclusive, continuing jurisdiction.--A court of this Commonwealth which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 5421. Cross References. Section 5422 is referred to in sections 5210, 5423, 5424, 5428 of this title.
23 Pa.C.S. § 77A03 — PA Code / Title 23 / Chapter 77 / Section 77A03
Relationship of department to United States central authority.
Status: in_force

The department is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
23 Pa.C.S. § 3704 — PA Code / Title 23 / Chapter 37 / Section 3704
Payment of support, alimony and alimony pendente lite.
Status: in_force

When so ordered by the court, all payments of child and spousal support, alimony or alimony pendente lite shall be made to the domestic relations section of the court which issued the order or the domestic relations section of the court at the residence of the party entitled to receive the award. The domestic relations section shall keep an accurate record of all payments and shall notify the court immediately whenever a person subject to a payment order is 30 days in arrears of payment so that appropriate action may be taken to enforce the order of the court. The domestic relations section shall distribute the payments to the person entitled to them as soon as possible after receipt.
23 Pa.C.S. § 6504 — PA Code / Title 23 / Chapter 65 / Section 6504
Health care providers accepting newborns.
Status: in_force

(a) General rule.--A health care provider at a hospital shall do all of the following relating to a newborn accepted under this chapter:

(1) Take the newborn into protective custody as provided in section 6315(a)(3) (relating to taking child into protective custody) or 6504.1(a)(2) (relating to police officers accepting newborns).

(2) Perform a medical evaluation as well as perform any act necessary to care for and protect the physical health and safety of the newborn.

(3) Notify the county agency and the local municipal police department or the Pennsylvania State Police where no municipal police jurisdiction exists as provided in section 6505 (relating to reporting acceptance of newborns).

(b) Accepting newborns.--When a health care provider accepts a newborn pursuant to this chapter, a parent, police officer or emergency services provider may provide a health care provider with information about the newborn's medical history and any identifying information. (July 2, 2014, P.L.843, No.91, eff. 60 days; Dec. 22, 2017, P.L.1219, No.68, eff. 60 days) 2017 Amendment. Act 68 amended subsec. (b). 2014 Amendment. Act 91 amended the section heading and subsecs. (a)(1) and (b). Cross References. Section 6504 is referred to in sections 6502, 6504.1, 6504.2, 6504.4 of this title.
23 Pa.C.S. § 2908 — PA Code / Title 23 / Chapter 29 / Section 2908
Foreign decree of adoption.
Status: in_force

(a) Registration.--When a minor is adopted by a resident of this Commonwealth and a final decree of adoption is made or entered in conformity with the laws of a foreign country, the adopting parent shall file a properly authenticated copy of the foreign decree of adoption, a copy of the child's visa and either the child's birth certificate or some form of birth identification with the clerk of the court in the county of residence of the parent. If the foreign decree of adoption is not in English, the adopting parent shall also file a certified English translation. If no birth certificate or birth identification can be obtained, the adopting parent shall include an affidavit stating the reason therefor.

(b) Foreign adoption registration form.--The court shall develop a foreign adoption registration form and instructions for its use. The adopting parent or parents shall sign the foreign adoption registration form indicating that they have read and understand the information provided.

(c) Contents of form.--

(1) The form shall include statements indicating that the foreign adoption may not be a full and final adoption if:

(i) Both parents, or just the sole parent if only one parent is adopting, were not present for the adoption hearing in the foreign country.

(ii) The foreign court did not enter a final adoption decree or its equivalent.

(iii) The child's visa is not the type that would afford the child full United States citizenship.

(2) The form shall notify the adopting parent or parents that an adoption decree may be obtained from the Commonwealth if the documents filed in subsection (a) are reviewed by the court and the court determines the foreign adoption was full and final.

(3) At the time of filing, a copy of the foreign decree of adoption and a certified English translation, if necessary, the child's visa and either the child's birth certificate or some form of birth identification shall be attached to the foreign registration form and submitted to the clerk of court.

(d) Foreign adoption review.--In cases where the court determines the foreign adoption was full and final, the court shall direct the clerk to enter upon the docket an entry showing the foreign court identification of the proceedings in that court and the date of the decree. The clerk shall issue to the parent a certificate of adoption as defined in section 2907 (relating to certificate of adoption). The clerk shall also send documentation to the Department of Health. No hearing shall be required prior to the issuance of the certificate of adoption, and the parent shall not be required to obtain counsel.

(e) Readoption.--The court shall develop a standard petition, a standard court order and instructions for their use for occasions when a child must be readopted to finalize the adoption. The clerk shall provide the adopting parent with the standardized information.

(f) Records.--All documents required in subsection (a) as well as any other accompanying documents shall be kept in the files of the court as a permanent record and shall be withheld from inspection except on order of court granted upon cause shown. Information identifying the birth parents of the adoptee shall not be required. The clerk may charge a filing fee in accordance with the court's regular fee schedule as approved by the president judge. (July 7, 2006, P.L.618, No.96, eff. 60 days)
23 Pa.C.S. § 6503 — PA Code / Title 23 / Chapter 65 / Section 6503
Nonliability.
Status: in_force

A parent of a newborn shall not be criminally liable under any provision of Title 18 (relating to crimes and offenses) if the criteria set forth in 18 Pa.C.S § 4306 (relating to newborn protection) are met.
23 Pa.C.S. § 1701 — PA Code / Title 23 / Chapter 17 / Section 1701
Decree that spouse of applicant is presumed decedent.
Status: in_force

(a) Finding of death.--When the spouse of an applicant for a marriage license has disappeared or is absent from the place of residence of the spouse without being heard of after diligent inquiry, the court, aided by the report of a master if necessary, upon petition of the applicant for a marriage license, may make a finding and decree that the absentee is dead and the date of death if notice to the absentee has been given as provided in subsection (d) and either of the applicants is and for one year or more prior to the application has been a resident of this Commonwealth.

(b) Presumption from absence.--When the death of the spouse of an applicant for a marriage license is in issue, the unexplained absence from the last known place of residence and the fact that the absentee has been unheard of for seven years may be sufficient ground for finding that the absentee died seven years after the absentee was last heard from.

(c) Exposure to specific peril.--The fact that an absentee spouse was exposed to a specific peril of death may be a sufficient ground for finding that the absentee died less than seven years after the absentee was last heard from.

(d) Notice to absentee.--The court may require advertisement in any newspapers as the court, according to the circumstances of the case, deems advisable of the fact of the application for the marriage license, together with notice that, at a specified time and place, the court or a master appointed by the court

will hear evidence concerning the alleged absence, including the circumstances and duration thereof.

(e) Remarriage after decree of presumed death.--Even though the absentee spouse declared to be presumed dead is in fact alive, the remarriage of the spouse who has obtained a license to marry and a decree of presumed death of the former spouse shall be valid for all purposes as though the former marriage had been terminated by divorce, and all property of the presumed decedent shall be administered and disposed of as provided by Title 20 (relating to decedents, estates and fiduciaries).
23 Pa.C.S. § 2311 — PA Code / Title 23 / Chapter 23 / Section 2311
Who may be adopted.
Status: in_force

Any individual may be adopted, regardless of his age or residence.
23 Pa.C.S. § 4105 — PA Code / Title 23 / Chapter 41 / Section 4105
Loans between married persons.
Status: in_force

A married person may loan the other spouse money from the separate estate of the married person and take in security therefor a judgment or mortgage against the property of the other spouse which shall be valid as otherwise provided by law.
23 Pa.C.S. § 6348 — PA Code / Title 23 / Chapter 63 / Section 6348
Regulations.
Status: in_force

The department shall adopt regulations necessary to implement this chapter. Special Provisions in Appendix. See section 10(2) of Act 151 of 1994 in the appendix to this title for special provisions relating to promulgation of regulations pertaining to general protective services.
23 Pa.C.S. § 3305 — PA Code / Title 23 / Chapter 33 / Section 3305
Grounds for annulment of voidable marriages.
Status: in_force

(a) General rule.--The marriage of a person shall be deemed voidable and subject to annulment in the following cases:

(1) Where either party to the marriage was under 16 years of age unless the marriage was expressly authorized by the court.

(2) Where either party was 16 or 17 years of age and lacked the consent of parent or guardian or express authorization of the court and has not subsequently ratified the marriage upon reaching 18 years of age and an action for annulment is commenced within 60 days after the marriage ceremony.

(3) Where either party to the marriage was under the influence of alcohol or drugs and an action for annulment is commenced within 60 days after the marriage ceremony.

(4) Where either party to the marriage was at the time of the marriage and still is naturally and incurably impotent unless the condition was known to the other party prior to the marriage.

(5) Where one party was induced to enter into the marriage due to fraud, duress, coercion or force attributable to the other party and there has been no subsequent voluntary cohabitation after knowledge of the fraud or release from the effects of fraud, duress, coercion or force.

(b) Status of voidable marriage.--In all cases of marriages which are voidable, either party to the marriage may seek and obtain an annulment of the marriage but, until a decree of annulment is obtained from a court of competent jurisdiction, the marriage shall be valid. The validity of a voidable marriage shall not be subject to attack or question by any person if it is subsequently confirmed by the parties to the marriage or if either party has died.
23 Pa.C.S. § 5507 — PA Code / Title 23 / Chapter 55 / Section 5507
Indemnity or contribution from child prohibited.
Status: in_force

The parent shall have no right of indemnity or contribution against the child.
23 Pa.C.S. § 7312 — PA Code / Title 23 / Chapter 73 / Section 7312
Nondisclosure of information in exceptional circumstances.
Status: in_force

If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of the specific identifying information, the specific identifying information must be sealed and may not be disclosed to the other party or the public. After a hearing in which the tribunal takes into consideration the health, safety or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) Cross References. Section 7312 is referred to in sections 7311, 7602 of this title.
23 Pa.C.S. § 7210 — PA Code / Title 23 / Chapter 72 / Section 7210
Application of part to nonresident subject to personal jurisdiction.
Status: in_force

A tribunal of this State exercising personal jurisdiction over a nonresident in a proceeding under this part, under other law of this State relating to a support order or recognizing a foreign support order, may receive evidence from outside this State under section 7316 (relating to special rules of evidence and procedure), communicate with a tribunal outside this State pursuant to section 7317 (relating to communications between tribunals) and obtain discovery through a tribunal outside this State under section 7318 (relating to assistance with discovery). In all other respects, Chapter 71 (relating to general provisions), 72 (relating to jurisdiction), 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) or 76 (relating to registration, enforcement and modification of support order) do not apply, and the tribunal shall apply the procedural and substantive law of this State. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) 2015 Amendment. Act 94 added section 7210.
23 Pa.C.S. § 5444 — PA Code / Title 23 / Chapter 54 / Section 5444
Temporary visitation.
Status: in_force

(a) General rule.--A court of this Commonwealth which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:

(1) a visitation schedule made by a court of another state; or

(2) the visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.

(b) Time to obtain permanent change in visitation.--If a court of this Commonwealth makes an order under subsection

(a)(2), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Subchapter B (relating to jurisdiction). The order remains in effect until an order is obtained from the other court or the period expires. Cross References. Section 5444 is referred to in section 5448 of this title.
23 Pa.C.S. § 1904 — PA Code / Title 23 / Chapter 19 / Section 1904
Filing or threatening to file actions prohibited.
Status: in_force

It is unlawful for a person, either as litigant or attorney, to file, cause to be filed, threaten to file or threaten to cause to be filed in a court in this Commonwealth any pleading or paper setting forth or seeking to recover upon any cause of action abolished or barred by this chapter whether the cause of action arose within or without this Commonwealth.
23 Pa.C.S. § 2712 — PA Code / Title 23 / Chapter 27 / Section 2712
Consents not naming adopting parents.
Status: in_force

A consent to a proposed adoption meeting all the requirements of this part but which does not name or otherwise identify the adopting parent or parents shall be valid if it contains a statement that it is voluntarily executed without disclosure of the name or other identification of the adopting parent or parents.
23 Pa.C.S. § 7314 — PA Code / Title 23 / Chapter 73 / Section 7314
Limited immunity of petitioner.
Status: in_force

(a) Jurisdiction over person.--Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney or through services provided by the support

enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

(b) Service.--A petitioner is not amenable to service of civil process while physically present in this State to participate in a proceeding under this part.

(c) Exception.--The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this part committed by a party while present in this State to participate in the proceeding.
23 Pa.C.S. § 2701 — PA Code / Title 23 / Chapter 27 / Section 2701
Contents of petition for adoption.
Status: in_force

A petition for adoption shall set forth:

(1) The full name, residence, marital status, age, occupation, religious affiliation and racial background of the adopting parent or parents and their relationship, if any, to the adoptee.

(2) That the reports under sections 2530 (relating to home study and preplacement report), 2531 (relating to report of intention to adopt) and 2533 (relating to report of intermediary) have been filed, if required.

(3) The name and address of the intermediary, if any.

(4) The full name of the adoptee and the fact and length of time of the residence of the adoptee with the adopting parent or parents.

(5) If there is no intermediary or if no report of the intermediary has been filed or if the adoptee is over the age of 18 years, all vital statistics and other information enumerated and required to be stated of record by section 2533, so far as applicable.

(6) If a change in name of the adoptee is desired, the new name.

(7) That all consents required by section 2711 (relating to consents necessary to adoption) are attached as exhibits or the basis upon which such consents are not required.

(8) That it is the desire of the petitioner or the petitioners that the relationship of parent and child be established between the petitioner or petitioners and the adoptee.

(9) If no birth certificate or certification of registration of birth can be obtained, a statement of the reason therefor and an allegation of the efforts made to obtain the certificate with a request that the court establish a date and place of birth at the adoption hearing on the basis of the evidence presented. (May 21, 1992, P.L.228, No.34, eff. 60 days)
23 Pa.C.S. § 2911 — PA Code / Title 23 / Chapter 29 / Section 2911
Definitions.
Status: in_force

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

"Agency records." All information collected by an agency relating to a birth family, an adoptive family and an adoptee.

"Authorization form." A form provided by the department on which an adoptee, an adoptive parent or a birth relative can authorize or prohibit the release of identifying information pursuant to the requirements of this chapter.

"Authorized representative." An individual who is appointed to conduct a search under this chapter and who has completed a standardized training program as required by the department under this chapter.

"Court records." All petitions, exhibits, reports, notes of testimony, decrees and other papers pertaining to a proceeding under this chapter or former statutes relating to adoption.

"Department." The Department of Public Welfare of the Commonwealth.

"Medical history information." Medical records and other information concerning an adoptee or an adoptee's birth family that is relevant to the present or future health care or medical treatment of the adoptee or the adoptee's birth family. The term includes, but is not limited to, the following:

(1) Otherwise confidential or privileged information, if identifying information has been removed under section 2925 (relating to providing information from registry).

(2) Information about the birth parents of a child that may concern a potential hereditary or congenital medical problem.

"Noncertified copy of original birth record." A summary of original birth record, similar in form to a certified copy of an original birth record and consisting of only the names and ages of the birth parents, the date and county of the birth of the child and the name given to the child at birth.

"Social history information." The term includes, but is not limited to, the following:

(1) Information about the adoptee and birth relatives of the adoptee, including economic, cultural and ethnic information.

(2) A developmental history of the adoptee, including the circumstances at birth, early development and subsequent age-appropriate task development.

(3) The social experiences of the adoptee, including abuse and neglect, out-of-home care and patterns of interpersonal relationships.

(4) The educational experiences of the adoptee, including the name of schools attended and dates of enrollment, academic performance, extracurricular activities and special interests.

(5) The current functioning of the adoptee, including behavioral patterns and relationships.

(6) The circumstances surrounding the adoption.

"Summary of original birth record." (Deleted by amendment). (Nov. 3, 2016, P.L.993, No.127, eff. imd.) 2016 Amendment. Act 127 added the def. of "noncertified copy of original birth record" and deleted the def. of "summary of original birth record." 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. § 6108.1 — PA Code / Title 23 / Chapter 61 / Section 6108.1
Return of relinquished firearms, other weapons and ammunition and additional relief.
Status: in_force

(a) General rule.--Any court order requiring the relinquishment of firearms, other weapons or ammunition shall provide for the return of the relinquished firearms, other weapons or ammunition to the defendant upon expiration of the order or dismissal of a petition for a protection from abuse order. The defendant may take custody of the firearms, other weapons and ammunition provided that the defendant is otherwise eligible to lawfully possess the relinquished items. The defendant shall not be required to pay any fees, costs or charges associated with the returns, whether those fees, costs or charges are imposed by the Pennsylvania State Police, any local law enforcement agency or any other entity, including a licensed importer, licensed manufacturer or licensed dealer in order to secure return of the relinquished firearms, other weapons or ammunition. The sheriff's or the appropriate law enforcement agency's office shall maintain a weapons return form that the defendant may fill out and return to the office once a temporary or final protection from abuse order has been dismissed or expires.

(a.1) Conditions for return.--The following conditions must be satisfied prior to the firearms, other weapons or ammunition being returned to the defendant:

(1) The firearms, other weapons or ammunition relinquished must not be evidence of a crime.

(2) The defendant or owner must not be otherwise prohibited by applicable Federal or State law, or another condition, including, but not limited to, bail, from taking possession of the firearms, other weapons or ammunition seized.

(3) The defendant or owner must have been given a clearance by the Pennsylvania State Police Instant Check System Unit or through the National Instant Criminal Background Check System (NICS), requested by the sheriff's office.

(a.2) Notice to plaintiff.--The plaintiff of the protection from abuse order shall be notified of the defendant's request to return the firearms, other weapons or ammunition.

(a.3) Petition for return.--If there is a determination under subsection (a.1) that the defendant is ineligible to regain possession of the firearms, other weapons or ammunition, the defendant or owner may file a petition appealing that determination and seeking their return. A copy of the petition must be served upon the plaintiff, sheriff and the district attorney.

(a.4) Abandonment.--Any firearms, other weapons or ammunition shall be deemed abandoned when the conditions under 18 Pa.C.S. § 6128(a) (relating to abandonment of firearms, weapons or ammunition) are satisfied and may then be disposed of in accordance with 18 Pa.C.S. § 6128.

(b) Modification of court's order providing for return of relinquished firearm, other weapon or ammunition.--Any other person may petition the court to allow for the return of that other person's firearms, other weapons and ammunition prior to the expiration of the court's order. The petition shall be served upon the plaintiff, and the plaintiff shall be given notice and an opportunity to be heard regarding that petition.

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(c) Modification of court's order to provide for alternative means of relinquishing firearms, other weapons or ammunition.--The defendant may petition the court for modification of the order to provide for an alternative means of relinquishment in accordance with this chapter. The petition shall be served upon the plaintiff, and the plaintiff shall have an opportunity to be heard at the hearing as provided in subsection (d). Where the court orders a modification pursuant to this subsection providing for alternative means of relinquishment, the sheriff shall proceed as directed by the court.

(d) Hearing.--Within ten business days of the filing of any petition under this section, a hearing shall be held before the court.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Other person." Any person, except the defendant, who is the lawful owner of a firearm, other weapon or ammunition relinquished pursuant to this chapter.

"Safekeeping." The secure custody of a firearm, other weapon or ammunition ordered relinquished by an active protection from abuse order.

(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 (b) and added subsecs. (a.1), (a.2), (a.3) and (a.4). 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 added section 6108.1. Cross References. Section 6108.1 is referred to in section 6108.3 of this title; section 6105 of Title 18 (Crimes and Offenses).
23 Pa.C.S. § 7202 — PA Code / Title 23 / Chapter 72 / Section 7202
Procedure when exercising jurisdiction over nonresident (Repealed).
Status: repealed

2015 Repeal. Section 7202 was repealed December 28, 2015, P.L.559, No.94, effective immediately.
23 Pa.C.S. § 4605 — PA Code / Title 23 / Chapter 46 / Section 4605
Recovery of money.
Status: in_force

(a) Recovery.--Whenever any person shall become a public charge or receive public assistance, the public body or public agency caring for or furnishing the assistance to the person may sue for and recover any sum of money which is due the person.

(b) Manner of suit.--A suit under subsection (a) shall be brought in the name of the person for the use of the public body or public agency. Proof that the person to whom the money is due became a public charge or was publicly assisted shall be conclusive proof of the right to recover whatever may be legally due the person. If the amount due has been reduced to judgment, the public body or public agency may be substituted as plaintiff in the judgment. If the amount due is founded on an order or decree of a court, the public body or public agency shall have the right to recover the amount.

(c) Self-support.--If a person becomes self-supporting or supported by a relative or friend, any money recovered and not expended in the care or assistance of the person shall belong to the person. In the case of the person's death, money not expended for the person's care, assistance and burial shall belong to the person's estate.
23 Pa.C.S. § 7308 — PA Code / Title 23 / Chapter 73 / Section 7308
Supervisory duty.
Status: in_force

(a) Secretary.--If the secretary determines that a support enforcement agency is neglecting or refusing to provide services to an individual, the secretary may order the agency to perform

its duties under this part or may provide those services directly to the individual.

(b) Reciprocity.--The secretary may determine that a foreign country has established a reciprocal arrangement for child support with this State and take appropriate action for notification of the determination. (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 7308 is referred to in section 7101.1 of this title.
23 Pa.C.S. § 2913 — PA Code / Title 23 / Chapter 29 / Section 2913
Reasonable fees.
Status: in_force

Any court or agency may charge reasonable fees for services provided under this chapter.
23 Pa.C.S. § 2935 — PA Code / Title 23 / Chapter 29 / Section 2935
Confidentiality.
Status: in_force

(a) General rule.--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 of the adoptee.

(b) 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.
23 Pa.C.S. § 4347 — PA Code / Title 23 / Chapter 43 / Section 4347
Security for attendance or performance.
Status: in_force

At any stage of the proceedings under this chapter, upon affidavit filed that the obligor is about to leave this Commonwealth or the judicial district or, where in the judgment of the court, the obligor has habitually failed to comply with court orders under this chapter, the court may, as prescribed by general rule, issue appropriate process directing that the obligor be brought before the court and may direct that the obligor give security to appear when directed by the court or to comply with any order of the court.
23 Pa.C.S. § 5208 — PA Code / Title 23 / Chapter 52 / Section 5208
Provisions and measures to prevent abduction.
Status: in_force

(a) Contents of discretionary orders.--If a petition is filed under this chapter, the court may enter an order that must include:

(1) the basis for the court's exercise of jurisdiction;

(2) the manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding;

(3) a detailed description of each party's custody and visitation rights and residential arrangements for the child;

(4) a provision stating that a violation of the order may subject the party in violation to civil and criminal penalties; and

(5) identification of the child's country of habitual residence at the time of the issuance of the order.

(b) Abduction prevention orders.--

(1) If, at a hearing on a petition under this chapter or on the court's own motion, the court after reviewing the evidence finds a credible risk of abduction of the child, the court shall enter an abduction prevention order.

(2) The order must include the provisions required by subsection (a) and measures and conditions, including those in subsections (c), (d) and (e), that are reasonably calculated to prevent abduction of the child, giving due

consideration to the custody and visitation rights of the parties.

(3) The court shall consider:

(i) the age of the child;

(ii) the potential harm to the child from an abduction;

(iii) the legal and practical difficulties of returning the child to the jurisdiction if abducted; and

(iv) the reasons for the potential abduction, including evidence of domestic violence, stalking or child abuse or neglect.

(c) Restrictions.--An abduction prevention order may include one or more of the following:

(1) an imposition of travel restrictions that require that a party traveling with the child outside a designated geographical area provide the other party with the following:

(i) the travel itinerary of the child;

(ii) a list of physical addresses and telephone numbers at which the child can be reached at specified times; and

(iii) copies of all travel documents;

(2) a prohibition of the respondent directly or indirectly:

(i) removing the child from this Commonwealth, the United States or another geographic area without permission of the court or the petitioner's written consent;

(ii) removing or retaining the child in violation of a child custody determination;

(iii) removing the child from school or a child-care or similar facility; or

(iv) approaching the child at any location other than a site designated for supervised visitation;

(3) a requirement that a party register the order in another state as a prerequisite to allowing the child to travel to that state;

(4) with regard to the child's passport:

(i) a direction that the petitioner place the child's name in the United States Department of State's Child Passport Issuance Alert Program;

(ii) a requirement that the respondent surrender to the court or the petitioner's attorney any United States or foreign passport issued in the child's name, including a passport issued in the name of both the parent and the child; and

(iii) a prohibition upon the respondent from applying on behalf of the child for a new or replacement passport or visa;

(5) as a prerequisite to exercising custody or visitation, a requirement that the respondent provide:

(i) to the United States Department of State Office of Children's Issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child;

(ii) to the court:

(A) proof that the respondent has provided the information in subparagraph (i); and

(B) an acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made or passport issued on behalf of the child;

(iii) to the petitioner, proof of registration with the United States Embassy or other United States diplomatic presence in the destination country and with the Central Authority for the Hague Convention on the Civil Aspects of International Child Abduction, if that convention is in effect between the United States and the destination country, unless one of the parties objects; and

(iv) a written waiver under 5 U.S.C. § 552a (relating to records maintained on individuals), with respect to any document, application or other information pertaining to the child authorizing its disclosure to the court and the petitioner; and

(6) upon the petitioner's request, a requirement that the respondent obtain an order from the relevant foreign country containing terms identical to the child custody determination issued in the United States.

(d) Conditions on custody and visitation.--In an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that:

(1) limit visitation or require that visitation with the child by the respondent be supervised until the court finds that supervision is no longer necessary and order the respondent to pay the costs of supervision;

(2) require the respondent to post a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to pay for the reasonable expenses of recovery of the child, including reasonable attorney fees and costs if there is an abduction; and

(3) require the respondent to obtain education on the potentially harmful effects to the child from abduction.

(e) Prevention of imminent abduction.--To prevent imminent abduction of a child, a court may:

(1) issue a warrant to take physical custody of the child under section 5209 (relating to warrant to take physical custody of child) or the laws of this Commonwealth other than this chapter;

(2) direct the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child or enforce a custody determination under this chapter or the laws of this Commonwealth other than this chapter; or

(3) grant any other relief allowed under the laws of this Commonwealth other than this chapter.

(f) Cumulative remedies.--The remedies provided in this chapter are cumulative and do not affect the availability of other remedies to prevent abduction.
23 Pa.C.S. § 4395 — PA Code / Title 23 / Chapter 43 / Section 4395
Confidentiality.
Status: in_force

All information received pursuant to this subchapter shall be confidential and shall be used only for the purposes set forth herein. A person commits a summary offense if he or she discloses information received pursuant to this subchapter to an unauthorized person or for an unauthorized purpose and shall be subject to a civil penalty of up to $250 per offense.
23 Pa.C.S. § 8302 — PA Code / Title 23 / Chapter 83 / Section 8302
Action by minor parent.
Status: in_force

A minor parent or a guardian or other legal representative of a minor parent may maintain a proceeding on behalf of or for the benefit of the minor's child.
23 Pa.C.S. § 1102 — PA Code / Title 23 / Chapter 11 / Section 1102
Definitions.
Status: in_force

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

"Department." The Department of Health of the Commonwealth.

"Marriage." A civil contract by which one man and one woman take each other for husband and wife. "Marriage license" or "license." A license to marry issued under this part. (Oct. 16, 1996, P.L.706, No.124, eff. 60 days) 1996 Amendment. Act 124 added the def. of "marriage."
23 Pa.C.S. § 1905 — PA Code / Title 23 / Chapter 19 / Section 1905
Instruments executed in satisfaction of abolished claims prohibited.
Status: in_force

(a) Contracts and instruments void.--All contracts and instruments of every kind executed within this Commonwealth in payment, satisfaction, settlement or compromise of any claim or cause of action abolished or barred by this chapter, whether the claim or cause of action arose within or without this Commonwealth, are contrary to the public policy of this Commonwealth and void.

(b) Execution and use prohibited.--It is unlawful to cause, induce or procure a person to execute a contract or instrument proscribed by this chapter, or cause, induce or procure a person to give, pay, transfer or deliver any money or thing of value in payment, satisfaction, settlement or compromise of any such claim or cause of action, or to receive, take or accept any such money or thing of value in such payment, satisfaction, settlement or compromise.

(c) Actions to enforce prohibited.--It is unlawful to commence or cause to be commenced, either as litigant or attorney, in a court of this Commonwealth any proceeding or action seeking to enforce or recover upon a contract or instrument proscribed by this chapter, knowing it to be such, whether the contract or instrument was executed within or without this Commonwealth.

(d) Exceptions.--This section does not apply to the payment, satisfaction, settlement or compromise of any causes of action which are not abolished or barred by this chapter or to the bona fide holder in due course of a negotiable instrument.
23 Pa.C.S. § 1503 — PA Code / Title 23 / Chapter 15 / Section 1503
Persons qualified to solemnize marriages.
Status: in_force

(a) General rule.--The following are authorized to solemnize marriages between persons that produce a marriage license issued under this part:

(1) A justice, judge or magisterial district judge of this Commonwealth.

(2) A former or retired justice, judge or magisterial district judge of this Commonwealth who is serving as a senior judge or senior magisterial district judge as provided or prescribed by law; or not serving as a senior judge or senior magisterial district judge but meets the following criteria:

(i) has served as a magisterial district judge, judge or justice, whether or not continuously or on the

same court, by election or appointment for an aggregate period equaling a full term of office;

(ii) has not been defeated for reelection or retention;

(iii) has not been convicted of, pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to any misdemeanor or felony offense under the laws of this Commonwealth or an equivalent offense 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;

(iv) has not resigned a judicial commission to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies or by the Judicial Conduct Board;

(v) has not been removed from office by the Court of Judicial Discipline; and

(vi) is a resident of this Commonwealth.

(3) An active or senior judge or full-time magistrate of the District Courts of the United States for the Eastern, Middle or Western District of Pennsylvania.

(3.1) An active, retired or senior bankruptcy judge of the United States Bankruptcy Courts for the Eastern, Middle or Western District of Pennsylvania who is a resident of this Commonwealth.

(4) An active, retired or senior judge of the United States Court of Appeals for the Third Circuit who is a resident of this Commonwealth.

(5) A mayor of any city or borough of this Commonwealth.

(5.1) A former mayor of a city or borough of this Commonwealth who:

(i) has not been defeated for reelection;

(ii) has not been convicted of, pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to a misdemeanor or felony offense under the laws of this Commonwealth or an equivalent offense under the laws of the United States or any one of its possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation;

(iii) has not resigned the position of mayor to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies;

(iv) has served as a mayor, whether continuously or not, by election for an aggregate of a full term in office; and

(v) is a resident of this Commonwealth.

(6) A minister, priest or rabbi of any regularly established church or congregation.

(b) Religious organizations.--Every religious society, religious institution or religious organization in this Commonwealth may join persons together in marriage when at least one of the persons is a member of the society, institution or organization, according to the rules and customs of the society, institution or organization.

(c) Marriage license needed to officiate.--No person or religious organization qualified to perform marriages shall officiate at a marriage ceremony without the parties having obtained a marriage license issued under this part.

(June 22, 2000, P.L.443, No.59, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Dec. 1, 2004, P.L.1777, No.232, eff. 60 days; July 14, 2009, P.L.81, No.18, eff. imd.) 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
23 Pa.C.S. § 6707 — PA Code / Title 23 / Chapter 67 / Section 6707
Agency use of designated address.
Status: in_force

State and local government agencies shall accept the substitute address designated on a valid program participation card issued to the program participant by the Office of Victim Advocate as the program participant's address except as follows:

(1) when the State or local government agency has been granted a waiver pursuant to section 6709 (relating to waiver process); or

(2) when the program participant is any of the following:

(i) a released offender complying with State or county probation or parole requirements; or

(ii) a convicted sexual offender who has fulfilled the offender's sentence but must register the offender's community residence as required under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders) or I (relating to continued registration of sexual offenders) or any similar registration requirement imposed by any other jurisdiction. (Dec. 20, 2011, P.L.446, No.111, eff. one year; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.)

2018 Amendment. Act 29 reenacted section 6707.
23 Pa.C.S. § 5471 — PA Code / Title 23 / Chapter 54 / Section 5471
Intrastate application.
Status: in_force

The provisions of this chapter allocating jurisdiction and functions between and among courts of different states shall also allocate jurisdiction and functions between and among the courts of common pleas of this Commonwealth.