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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 56 - Standby and Temporary Guardianship › Section 5616 - Bond

§ 5616. Bond.
In no event shall a standby guardian be required to post bond prior to the occurrence of the triggering event. The court may require a bond if the standby guardian is designated the coguardian or guardian of the estate of a minor but will not require a bond for the coguardianship or guardianship of the person of a minor.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 56 - Standby and Temporary Guardianship › Section 5623 - Authority of temporary guardian

§ 5623. Authority of temporary guardian.
(a) Authority.--
(1) The temporary guardian shall have the authority to act as coguardian or guardian upon a custodial parent entering into an alcohol or drug treatment facility or upon a court ordering the designation pursuant to hearing under subsection 5622(b) (relating to petition for approval of designation).
(2) The commencement of the temporary guardian's authority to act as coguardian shall not itself divest the custodial parent of parental rights but shall confer upon the temporary guardian concurrent or shared custody of the child.
(3) A coguardian shall assure frequent and continuing contact with and physical access to the child and shall further assure the involvement of the custodial parent, to the greatest extent possible, in the decision making on behalf of the child.
(4) The commencement of a temporary guardian's authority under this subchapter shall not itself divest a parent or legal guardian of parental or guardianship rights.
(b) Limitations on authority.--
In addition to any other restrictions placed on a temporary guardian by the court, the temporary guardian may not:
(1) remove the minor or permit the minor to be removed from the United States either permanently or temporarily without the consent of the custodial parent and the approval of the court; or
(2) remove the minor from this Commonwealth absent a court order, which may only be issued after a hearing at which both parents and the minor shall have the right to be present.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 56 - Standby and Temporary Guardianship › Section 5624 - Period of temporary guardianship

§ 5624. Period of temporary guardianship.
(a) Initial period.--
Temporary guardianship under this subchapter shall be limited to not more than 90 days from entry of the order of temporary guardianship.
(b) Extension of guardianship.--
Upon approval by the court or by written agreement of the temporary guardian and the parent who has entered a rehabilitation facility, temporary guardianship shall be extended for periods of up to 90 additional days.
(c) Total period.--
The total period of guardianship under this section shall not exceed 365 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 56 - Standby and Temporary Guardianship › Section 5625 - Termination of temporary guardianship

§ 5625. Termination of temporary guardianship.
(a) Conditions.--
A court shall terminate a temporary guardianship if any of the following exists:
(1) The custodial parent demonstrates the basis for the temporary guardianship no longer exists.
(2) The custodial parent and temporary guardian agree upon termination.
(3) The temporary guardian files a petition with the court seeking termination.
(4) Subject to subsection (b), a noncustodial or adoptive parent files a petition with the court seeking termination of the guardianship.
(5) The temporary guardian or an individual who resides with the temporary guardian commits an offense that results in the temporary guardian or an individual who resides with the temporary guardian being identified as a perpetrator as defined in section 6303 (relating to definitions).
(b) Mandatory considerations.--
Before terminating an order for temporary guardianship under subsection (a)(4), the court shall consider if termination of the temporary guardianship is in the best interests of the minor if the individual's parental rights were previously terminated.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 57 - Sex Trafficking and Missing and Abducted Children › Section 5701 - Definitions

§ 5701. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Child."
An individual who is under 21 years of age and meets one of the following:
(1) The county agency is conducting an assessment of the need for services.
(2) The county agency is conducting an investigation of suspected child abuse of the child under Chapter 63 (relating to child protective services).
(3) The county agency is providing services to the child.
"County agency."
As defined in section 6303 (relating to definitions).
"Department."
The Department of Human Services of the Commonwealth.
"Law enforcement."
The law enforcement agency which is responsible for investigating cases of missing children under 18 Pa.C.S. § 2908 (relating to missing children).
"Sex trafficking victim."
As defined under section 475 of the Social Security Act (49 Stat. 620, 42 U.S.C. § 675).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 57 - Sex Trafficking and Missing and Abducted Children › Section 5702 - County responsibilities

§ 5702. County responsibilities.
(a) Report of possible sex trafficking victims.--
A county agency shall report to law enforcement as soon as practicable, but in no case later than 24 hours after receiving information about a child who:
(1) the county agency has reasonable cause to suspect of being at risk of being a sex trafficking victim; or
(2) the county agency identifies as being a sex trafficking victim.
(b) Child missing from residence or abducted.--
A county agency shall report to law enforcement and to the National Center for Missing and Exploited Children as soon as practicable but no later than 24 hours after receiving information about a child who is missing from the child's residence or is abducted.
(c) Report to department.--
The county agency shall report annually to the department the total number of children who are sex trafficking victims. The report shall be submitted in the form and by the deadline prescribed by the department.
Cross References. Section 5702 is referred to in section 5703 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 57 - Sex Trafficking and Missing and Abducted Children › Section 5703 - Law enforcement responsibilities

§ 5703. Law enforcement responsibilities.
When law enforcement receives information from a county agency about a child who is missing from the child's residence or is abducted under section 5702(b) (relating to county responsibilities), law enforcement shall enter the information into the National Crime Information Center database.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Extra - Chapter Notes

Enactment.
Chapter 61 was added December 19, 1990, P.L.1240, No.206, effective in 90 days.
Cross References.
Chapter 61 is referred to in sections 3302, 6105 of this title; sections 2711, 2718,
            6105, 9121 of Title 18 (Crimes and Offenses); sections 1126, 1725.1, 5750, 5924, 62A18,
            6302, 67A01, 9711, 9774.1 of Title 42 (Judiciary and Judicial Procedure); section
            6101 of Title 61 (Prisons and Parole); section 1417 of Title 66 (Public Utilities).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6101 - Short title of chapter

§ 6101. Short title of chapter.
This chapter shall be known and may be cited as the Protection from Abuse Act.
Cross References.
Section 6101 is referred to in section 8127 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6103 - Jurisdiction

§ 6103. Jurisdiction.
(a) General rule.--
The court shall have jurisdiction over all proceedings under this chapter.
(b) Effect of departure and nonresidence.--
The right of the plaintiff to relief under this chapter shall not be affected by either of the following:
(1) The plaintiff's leaving the residence or household to avoid further abuse.
(2) The defendant's absence from this Commonwealth or the defendant's nonresidence in this Commonwealth, provided that the court has personal jurisdiction over the defendant in accordance with 42 Pa.C.S. § 5322 (relating to bases of personal jurisdiction over persons outside this Commonwealth).
(Nov. 10, 2005, P.L.335, No.66, eff. 180 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6104 - Full faith and credit and foreign protection orders

§ 6104. Full faith and credit and foreign protection orders.
(a) General rule.--
A court shall recognize and enforce a valid foreign protection order issued by a comparable court. The validity of a foreign protection order shall only be determined by a court.
(b) Affirmative defense.--
Failure by a comparable court to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of a foreign protection order. A comparable court shall have complied with that court's notice requirements and shall have given the defendant the opportunity to be heard before the foreign order was issued. In the case of ex parte orders, the comparable court shall have complied with that court's notice requirements and have given the defendant an opportunity to be heard within a reasonable period of time after the order was issued, consistent with due process.
(c) Invalid orders.--
A foreign protection order issued by a comparable court against a party who has filed a petition, complaint or other written pleading for a protection order is not valid and not entitled to full faith and credit if:
(1) no cross or counter petition, complaint or other written pleading was filed seeking the protection order; or
(2) a cross or counter petition, complaint or other written pleading was filed and the court did not make a specific finding that each party was entitled to a protection order.
(d) Filing a foreign protection order.--
A plaintiff may file a certified copy of a foreign protection order with the prothonotary in any county within this Commonwealth where the plaintiff believes enforcement may be necessary. The following provisions shall apply:
(1) No costs or fees associated with filing a foreign protection order shall be assigned to the plaintiff, including the cost of obtaining certified copies of the order. Costs and fees associated with filing a foreign protection order may be assessed against the defendant.
(2) Upon filing of a foreign protection order, a prothonotary shall transmit, in a manner prescribed by the Pennsylvania State Police, a copy of the order to the Pennsylvania State Police registry of protection orders.
(3) Filing of a foreign protection order shall not be a prerequisite for service and enforcement.
(e) Orders issued in another judicial district within this Commonwealth.--
The filing of an order issued in another judicial district within this Commonwealth is not required for enforcement purposes.
(Oct. 6, 1994, P.L.574, No.85, 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)
2005 Amendment.
Act 66 amended subsec. (d).
Cross References.
Section 6104 is referred to in section 6105 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6108.4 - Registry or database of firearm ownership

§ 6108.4. Registry or database of firearm ownership.
(a) Confidentiality.--
Information retained to ensure compliance with this chapter and to document the return of firearms shall not be subject to access under the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law.
(b) Construction.--
Nothing in this chapter shall be construed to allow a government agency or law enforcement agency, or an agent or employee of either, or any other person or entity to create, maintain or operate a database or registry of firearm ownership within this Commonwealth. However, information may be retained to ensure compliance with this chapter and to document the return of firearms.
(Nov. 10, 2005, P.L.335, No.66, eff. 180 days)
2005 Amendment.
Act 66 added section 6108.4.
References in Text.
The act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in subsec. (a), was repealed by the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6108.5 - Penalties for release of information

§ 6108.5. Penalties for release of information.
Any person who violates section 6108(a)(7)(v) (relating to relief) by releasing information with the intent and purpose of committing such violation commits a misdemeanor of the third degree.
(Nov. 10, 2005, P.L.335, No.66, eff. 180 days)
2005 Amendment.
Act 66 added section 6108.5.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6108.6 - Penalty for failure to secure firearms

§ 6108.6. Penalty for failure to secure firearms.
In addition to any other penalty provided by 18 Pa.C.S. Ch. 61 Subch. A (relating to Uniform Firearms Act), a commercial armory which violates the provisions of this chapter regarding safekeeping shall forfeit all Federal and State licenses related to firearms.
(Oct. 12, 2018, P.L.519, No.79, eff. 180 days)
2018 Amendment.
Act 79 added section 6108.6. 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6108.7 - Order to seal record from public view

§ 6108.7. Order to seal record from public view.
(a) General rule.--
Notwithstanding any other provision of this chapter, an individual who has entered into a consent agreement approved by the court under section 6108(a) (relating to relief) may petition the court for an order to seal the record of the individual from public view. The court may grant the order if the petitioner proves all of the following by clear and convincing evidence:
(1) The consent agreement for which the individual seeks relief under this section is the only such consent agreement to which the individual has ever been subject and that, during the period in which the consent agreement was in effect, the individual did not violate an order or consent agreement under section 6108.
(2) A period of at least ten years has elapsed since the expiration of the consent agreement.
(3) The individual has not been subject to another final protection from abuse order under section 6108.
(4) The individual has not been convicted of one of the following offenses where the victim is a family or household member:
(i) An offense set forth in 18 Pa.C.S. § 2711 (relating to probable cause arrests in domestic violence cases).
(ii) An offense equivalent to subparagraph (i) under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation.
(b) Notice to district attorney and plaintiff.--
(1) The petitioner shall serve a copy of the petition under subsection (a) to the district attorney and to the plaintiff within ten days of the filing of the petition.
(2) The district attorney and the plaintiff shall have an opportunity to be heard at the hearing.
(3) Within 30 days of receipt of notice, the district attorney or plaintiff may file objections to the petition.
(4) If no objection under paragraph (3) is timely filed, the court may grant the petition without further hearing if the requirements of this section have been met.
(5) As used in this subsection, the term "plaintiff" means the person who entered into the consent agreement with the defendant.
(c) Notice to prothonotary.--
Notice of an order to seal the individual's record from public view shall promptly be submitted to the prothonotary of the county holding the record. The prothonotary may not permit a member of the public from accessing the individual's record regarding the consent agreement. Nothing in this section shall be construed to limit access of the record of the individual by a criminal justice agency as defined in 18 Pa.C.S. § 9102 (relating to definitions).
(Oct. 12, 2018, P.L.519, No.79, eff. 180 days)
2018 Amendment.
Act 79 added section 6108.7. Act 79 shall apply to orders issued pursuant to 23 Pa.C.S. § 6108 on or after the effective date of section 11 of Act 79.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6109 - Service of orders

§ 6109. Service of orders.
(a) Issuance.--
A copy of an order under this chapter shall be issued to the plaintiff, the defendant and the police department with appropriate jurisdiction to enforce the order or agreement in accordance with the provisions of this chapter or as ordered by the court or hearing officer.
(b) Placement in registry.--
Upon receipt of an order, the police department shall immediately place the order in a county registry of protection orders. The police department shall assure that the registry is current at all times and that orders are removed upon expiration thereof. County registries shall not be required when the Pennsylvania State Police registry provided for in section 6105(e) (relating to responsibilities of law enforcement agencies) is established and is fully operational.
(Oct. 6, 1994, P.L.574, No.85, eff. 60 days)
1994 Amendment.
Act 85 amended subsec. (b).
Cross References.
Section 6109 is referred to in section 6108 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6111 - Domestic violence counselor/advocate

§ 6111. Domestic violence counselor/advocate.
A domestic violence counselor/advocate may accompany a party to any legal proceeding or hearing under this chapter.
(Oct. 6, 1994, P.L.574, No.85, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6112 - Disclosure of addresses

§ 6112. Disclosure of addresses.
During the course of a proceeding under this chapter, the court or hearing officer may consider whether the plaintiff or plaintiff's family is endangered by disclosure of the permanent or temporary address of the plaintiff or minor children. Neither in the pleadings nor during proceedings or hearings under this chapter shall the court or hearing officer require disclosure of the address of a domestic violence program. Where the court concludes that the defendant poses a threat of continued danger to the plaintiff and where the plaintiff requests that his or her address, telephone number and information about whereabouts not be disclosed, the court shall enter an order directing that law enforcement agencies, human service agencies and school districts (both in which a plaintiff's child in custody of the plaintiff is or has been enrolled) shall not disclose the presence of the plaintiff or the child in the jurisdiction or district or furnish any address, telephone number or any other demographic information about the plaintiff and child except by further order of the court.
(Oct. 6, 1994, P.L.574, No.85, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6113.1 - Private criminal complaints for violation of order or agreement

§ 6113.1. Private criminal complaints for violation of order or agreement.
(a) General rule.--
A plaintiff may file a private criminal complaint against a defendant, alleging indirect criminal contempt for a noneconomic violation of any provision of an order or court-approved consent agreement issued under this chapter or a foreign protection order, with the court, the office of the district attorney or the magisterial district judge in the jurisdiction or county where the violation occurred, except that, in a city of the first class, a complaint may only be filed with the family division of the court of common pleas or the office of the district attorney.
(b) Procedure service.--
Procedure for filing and service of a private criminal complaint shall be provided as set forth by local rule. No fees or costs associated with the prosecution of the private criminal complaint shall be assigned to the plaintiff at any stage of the proceeding, including, but not limited to, filing, service, failure to prosecute, withdrawal or dismissal. Nothing in this subsection is intended to expand or diminish the court's authority to enter an order pursuant to Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of Documents. Representations to the Court. Violation).
(c) Fees and costs.--
After a finding of indirect criminal contempt, fees and costs may be assessed against the defendant. The court shall waive fees and costs imposed pursuant to this chapter upon a showing of good cause or when the court makes a finding that the defendant is not able to pay the costs associated with the indirect criminal contempt action. Nothing in this subsection is intended to expand or diminish the court's authority to enter an order pursuant to Pa.R.C.P. No. 1023.1.
(Oct. 6, 1994, P.L.574, No.85, eff. 60 days; June 22, 2001, P.L.576, No.39, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)
2004 Amendment.
See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6114.1 - Civil contempt or modification for violation of an order or agreement

§ 6114.1. Civil contempt or modification for violation of an order or agreement.
(a) General rule.--
A plaintiff may file a petition for civil contempt with the issuing court alleging that the defendant has violated any provision of an order or court-approved agreement issued under this chapter or a foreign protection order.
(b) Civil contempt order.--
Upon finding of a violation of a protection order or court-approved consent agreement issued under this chapter or a foreign protection order, the court, either pursuant to petition for civil contempt or on its own accord, may hold the defendant in civil contempt and constrain him in accordance with law.
(c) Sentencing.--
A sentence for civil contempt under this chapter may include imprisonment until the defendant complies with provisions in the order or consent agreement or demonstrates the intent to do so, but in no case shall a term of imprisonment under this section exceed a period of six months.
(d) Jury trial and counsel.--
The defendant shall not have a right to a jury trial; however, the defendant shall be entitled to counsel.
(Oct. 6, 1994, P.L.574, No.85, eff. 60 days; June 22, 2001, P.L.576, No.39, eff. 60 days)
2001 Amendment.
Act 39 amended subsecs. (a) and (b).
1994 Amendment.
Act 85 added section 6114.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6115 - Reporting abuse and immunity

§ 6115. Reporting abuse and immunity.
(a) Reporting.--
A person having reasonable cause to believe that a person is being abused may report the information to the local police department.
(b) Contents of report.--
The report should contain the name and address of the abused person, information regarding the nature and extent of the abuse and information which the reporter believes may be helpful to prevent further abuse.
(c) Immunity.--
A person who makes a report shall be immune from a civil or criminal liability on account of the report unless the person acted in bad faith or with malicious purpose.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6116 - Confidentiality

§ 6116. Confidentiality.
Unless a victim waives the privilege in a signed writing prior to testimony or disclosure, a domestic violence counselor/advocate or a coparticipant who is present during domestic violence counseling/advocacy shall not be competent nor permitted to testify or to otherwise disclose confidential communications made to or by the counselor/advocate by or to a victim. The privilege shall terminate upon the death of the victim. Neither the domestic violence counselor/advocate nor the victim shall waive the privilege of confidential communications by reporting facts of physical or sexual assault under Chapter 63 (relating to child protective services), a Federal or State mandatory reporting statute or a local mandatory reporting ordinance.
(Oct. 6, 1994, P.L.574, No.85, eff. 60 days)
Cross References.
Section 6116 is referred to in section 6102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6117 - Procedure and other remedies

§ 6117. Procedure and other remedies.
(a) General rule.--
Unless otherwise indicated in this chapter, a proceeding under this chapter shall be in accordance with applicable general rules and shall be in addition to any other available civil or criminal remedies. The plaintiff and the defendant may seek modification of an order issued under section 6108 (relating to relief) at any time during the pendency of an order. Except as otherwise indicated in this chapter, modification may be ordered after the filing of a petition for modification, service of the petition and a hearing on the petition.
(b) Remedies for bad faith.--
Notwithstanding any other provision of law, upon finding that an individual commenced a proceeding under this chapter in bad faith, a court shall direct the individual to pay to the defendant actual damages and reasonable attorney fees. Failure to prove an allegation of abuse by a preponderance of the evidence shall not, by itself, result in a finding of bad faith.
(Oct. 6, 1994, P.L.574, No.85, eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6118 - Full faith and credit (Repealed)

§ 6118. Full faith and credit (Repealed).
2001 Repeal.
Section 6118 was repealed June 22, 2001, P.L.576, No.39, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6119 - Immunity

§ 6119. Immunity.
(a) General rule.--
Law enforcement agencies and their employees, including police officers and sheriffs, shall, except as provided in subsection (b), be immune from civil liability for actions taken in good faith to carry out their duties relating to the seizure and relinquishment of firearms, other weapons and ammunition as provided for in this chapter, except for gross negligence, intentional misconduct or reckless, willful or wanton misconduct.
(b) Exception.--
Law enforcement agencies and their employees, including police officers and sheriffs, shall be liable to the lawful owner of confiscated, seized or relinquished firearms in accordance with 18 Pa.C.S. § 6105(f) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) and shall be liable to the lawful owner of confiscated, seized or relinquished other weapons or ammunition for any loss, damage or substantial decrease in the value of the other weapons or ammunition that is a direct result of a lack of reasonable care by the law enforcement agency or its employees.
(Nov. 10, 2005, P.L.335, No.66, eff. 180 days)
2005 Amendment.
Act 66 added section 6119.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6120 - Inability to pay

§ 6120. Inability to pay.
(a) Order for installment payments.--
Upon plea and proof that a person is without the financial means to pay a fine, a fee, economic relief ordered under section 6108(a)(8) (relating to relief) or a cost, a court may order payment of money owed in installments appropriate to the circumstances of the person and shall fix the amounts, times and manner of payment.
(b) Use of credit cards.--
The treasurer of each county may allow the use of credit cards and bank cards in the payment of money owed under this chapter.
(Nov. 10, 2005, P.L.335, No.66, eff. 180 days)
2005 Amendment.
Act 66 added section 6120.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6121 - Warrantless searches

§ 6121. Warrantless searches.
Except as provided in section 6113 (relating to arrest for violation of order), nothing in this chapter shall authorize a warrantless search for firearms, other weapons or ammunition.
(Nov. 10, 2005, P.L.335, No.66, eff. 180 days)
2005 Amendment.
Act 66 added section 6121.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 61 - Protection from Abuse › Section 6122 - Construction

§ 6122. Construction.
Nothing in this chapter shall be construed to preclude an action for wrongful use of civil process pursuant to 42 Pa.C.S. Ch. 83 Subch. E (relating to wrongful use of civil proceedings) or criminal prosecution for a violation of 18 Pa.C.S. Ch. 49 (relating to falsification and intimidation).
(Nov. 10, 2005, P.L.335, No.66, eff. 180 days)
2005 Amendment.
Act 66 added section 6122.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Extra - Chapter Notes

Enactment.
Chapter 63 was added December 19, 1990, P.L.1240, No.206, effective in 90 days.
Cross References.
Chapter 63 is referred to in sections 5329.1, 5701, 6102, 6106, 6116, 6504.3, 6508,
            6509 of this title; sections 4304, 4906.1, 4958, 9106, 9121 of Title 18 (Crimes and
            Offenses); sections 3118, 5945, 62A16, 6311, 6342 of Title 42 (Judiciary and Judicial
            Procedure); section 2164 of Title 53 (Municipalities Generally).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6302 - Findings and purpose of chapter

§ 6302. Findings and purpose of chapter.
(a) Findings.--
Abused children are in urgent need of an effective child protective service to prevent them from suffering further injury and impairment.
(b) Purpose.--
It is the purpose of this chapter to encourage more complete reporting of suspected child abuse; to the extent permitted by this chapter, to involve law enforcement agencies in responding to child abuse; and to establish in each county protective services for the purpose of investigating the reports swiftly and competently, providing protection for children from further abuse and providing rehabilitative services for children and parents involved so as to ensure the child's well-being and to preserve, stabilize and protect the integrity of family life wherever appropriate or to provide another alternative permanent family when the unity of the family cannot be maintained. It is also the purpose of this chapter to ensure that each county children and youth agency establish a program of protective services with procedures to assess risk of harm to a child and with the capabilities to respond adequately to meet the needs of the family and child who may be at risk and to prioritize the response and services to children most at risk.
(c) Effect on rights of parents.--
This chapter does not restrict the generally recognized existing rights of parents to use reasonable supervision and control when raising their children.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 15, 1998, P.L.963, No.127, eff. Mar. 1, 1999)
1998 Amendment.
Act 127 amended subsec. (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6305 - Electronic reporting

§ 6305. Electronic reporting.
(a) Departmental procedures.--
The department shall establish procedures for the secure and confidential use of electronic technologies to transmit information under this chapter, including:
(1) the filing of reports and other required records, including those of the county agency; and
(2) the verification of records and signatures on forms.
(b) Confirmation of reports.--
A confirmation by the department of the receipt of a report of suspected child abuse submitted electronically shall relieve the person making the report of making an additional oral or written report of suspected child abuse, subject to section 6313 (relating to reporting procedure).
(c) Effect on other law.--
Nothing in this chapter shall be construed to supersede the act of December 16, 1999 (P.L.971, No.69), known as the Electronic Transactions Act. Any procedures developed by the department under this section shall comply with all applicable Federal and State laws regarding confidentiality of personally identifiable information.
(Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014)
2014 Amendment.
Act 29 added section 6305.
Cross References.
Section 6305 is referred to in section 6313 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6306 - Regulations

§ 6306. Regulations.
The department shall promulgate regulations necessary to implement this chapter.
(Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014)
2014 Amendment.
Act 29 added section 6306.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6311.1 - Privileged communications

§ 6311.1. Privileged communications.
(a) General rule.--
Subject to subsection (b), the privileged communications between a mandated reporter and a patient or client of the mandated reporter shall not:
(1) Apply to a situation involving child abuse.
(2) Relieve the mandated reporter of the duty to make a report of suspected child abuse.
(b) Confidential communications.--
The following protections shall apply:
(1) Confidential communications made to a member of the clergy are protected under 42 Pa.C.S. § 5943 (relating to confidential communications to clergymen).
(2) Confidential communications made to an attorney are protected so long as they are within the scope of 42 Pa.C.S. §§ 5916 (relating to confidential communications to attorney) and 5928 (relating to confidential communications to attorney), the attorney work product doctrine or the rules of professional conduct for attorneys.
(Apr. 15, 2014, P.L.414, No.32, eff. 60 days)
2014 Amendment.
Act 32 added section 6311.1.
Effective Date.
Section 17 of Act 45 of 2014 provided that, notwithstanding section 4 of Act 32 of 2014, section 6311.1 shall take effect December 31, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6312 - Persons encouraged to report suspected child abuse

§ 6312. Persons encouraged to report suspected child abuse.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6314 - Photographs, medical tests and X-rays of child subject to report

§ 6314. Photographs, medical tests and X-rays of child subject to report.
A person or official required to report cases of suspected child abuse may take or cause to be taken photographs of the child who is subject to a report and, if clinically indicated, cause to be performed a radiological examination and other medical tests on the child. Medical summaries or reports of the photographs, X-rays and relevant medical tests taken shall be sent to the county agency at the time the written report is sent or within 48 hours after a report is made by electronic technologies or as soon thereafter as possible. The county agency shall have access to actual photographs or duplicates and X-rays and may obtain them or duplicates of them upon request. Medical summaries or reports of the photographs, X-rays and relevant medical tests shall be made available to law enforcement officials in the course of investigating cases pursuant to section 6340(a)(9) or (10) (relating to release of information in confidential reports).
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Apr. 15, 2014, P.L.417, No.33, eff. Dec. 31, 2014)
Cross References.
Section 6314 is referred to in sections 6313, 6318 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6316 - Admission to private and public hospitals

§ 6316. Admission to private and public hospitals.
(a) General rule.--
Children appearing to suffer any physical or mental condition which may constitute child abuse shall be admitted to, treated and maintained in facilities of private and public hospitals on the basis of medical need and shall not be refused or deprived in any way of proper medical treatment and care.
(a.1) Newborns.--
A newborn taken into protective custody pursuant to section 6315(a)(3) or (5) (relating to taking child into protective custody) shall be admitted to, treated and maintained in facilities of public and private hospitals on the basis of medical need and shall not be refused or deprived in any way of proper medical treatment and care. Once a newborn is taken into protective custody pursuant to section 6315(a)(3) or (5), the newborn shall be considered immediately eligible for Medicaid for payment of medical services provided. Until otherwise provided by court order, the county agency shall assume the responsibility for making decisions regarding the newborn's medical care.
(b) Failure of hospital to admit child or newborn.--
The failure of a hospital to admit and properly treat and care for a child pursuant to subsection (a) or (a.1) shall be cause for the department to order immediate admittance, treatment and care by the hospital which shall be enforceable, if necessary, by the prompt institution of a civil action by the department. The child, through an attorney, shall also have the additional and independent right to seek immediate injunctive relief and institute an appropriate civil action for damages against the hospital.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 9, 2002, P.L.1549, No.201, eff. 60 days; July 2, 2014, P.L.843, No.91, eff. 60 days)
2014
Amendment.
Act 91 amended subsec. (a.1).
2002 Amendment.
Act 201 amended subsec. (b) and added subsec. (a.1).
Cross References.
Section 6316 is referred to in sections 6313, 6318 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6317 - Mandatory reporting and postmortem investigation of deaths

§ 6317. Mandatory reporting and postmortem investigation of deaths.
A person or official required to report cases of suspected child abuse, including employees of a county agency, who has reasonable cause to suspect that a child died as a result of child abuse shall report that suspicion to the appropriate coroner or medical examiner. The coroner or medical examiner shall accept the report for investigation and shall report his finding to the police, the district attorney, the appropriate county agency and, if the report is made by a hospital, the hospital.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014)
Cross References.
Section 6317 is referred to in sections 6313, 6318, 6367 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6318 - Immunity from liability

§ 6318. Immunity from liability.
(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)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6319 - Penalties

§ 6319. Penalties.
(a) Failure to report or refer.--
(1) A person or official required by this chapter to report a case of suspected child abuse or to make a referral to the appropriate authorities commits an offense if the person or official willfully fails to do so.
(2) An offense under this section is a felony of the third degree if:
(i) the person or official willfully fails to report;
(ii) the child abuse constitutes a felony of the first degree or higher; and
(iii) the person or official has direct knowledge of the nature of the abuse.
(3) An offense not otherwise specified in paragraph (2) is a misdemeanor of the second degree.
(4) A report of suspected child abuse to law enforcement or the appropriate county agency by a mandated reporter, made in lieu of a report to the department, shall not constitute an offense under this subsection, provided that the report was made in a good faith effort to comply with the requirements of this chapter.
(b) Continuing course of action.--
If a person's willful failure under this section to report an individual suspected of child abuse continues while the person knows or has reasonable cause to suspect a child is being subjected to child abuse by the same individual, or while the person knows or has reasonable cause to suspect that the same individual continues to have direct contact with children through the individual's employment, program, activity or service, the person commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the person commits a felony of the second degree.
(c) Multiple offenses.--
A person who, at the time of sentencing for an offense under this section, has been convicted of a prior offense under this section commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the penalty for the second or subsequent offenses is a felony of the second degree.
(d) Statute of limitations.--
The statute of limitations for an offense under this section shall be either the statute of limitations for the crime committed against the minor child or five years, whichever is greater.
(Nov. 29, 2006, P.L.1581, No.179, eff. 180 days; Apr. 15, 2014, P.L.414, No.32, eff. 60 days; Nov. 26, 2019, P.L.648, No.88, eff. 60 days)
2019 Amendment.
Act 88 amended subsecs. (b), (c) and (d).
Effective Date.
Section 17 of Act 45 of 2014 provided that, notwithstanding section 4 of Act 32 of 2014, the amendment of section 6319 shall take effect December 31, 2014.
Cross References. Section 6319 is referred to in sections 6320, 6335 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6320 - Protection from employment discrimination

§ 6320. Protection from employment discrimination.
(a) Basis for relief.--
A person may commence an action for appropriate relief if all of the following apply:
(1) The person is required to report under section 6311 (relating to persons required to report suspected child abuse) or encouraged to report under section 6312 (relating to persons encouraged to report suspected child abuse).
(2) The person acted in good faith in making or causing the report of suspected child abuse to be made.
(3) As a result of making the report of suspected child abuse, the person is discharged from employment or is discriminated against with respect to compensation, hire, tenure, terms, conditions or privileges of employment.
(b) Applicability.--
This section does not apply to an individual making a report of suspected child abuse who is found to be a perpetrator because of the report or to any individual who fails to make a report of suspected child abuse as required under section 6311 and is subject to conviction under section 6319 (relating to penalties) for failure to report or to refer.
(c) Location.--
An action under this section must be filed in the court of common pleas of the county in which the alleged unlawful discharge or discrimination occurred.
(d) Relief.--
Upon a finding in favor of the plaintiff, the court may grant appropriate relief, which may include reinstatement of the plaintiff with back pay.
(e) Departmental intervention.--
The department may intervene in an action commenced under this section.
(Apr. 15, 2014, P.L.425, No.34, eff. Dec. 31, 2014)
2014 Amendment.
Act 34 added section 6320.