Pennsylvania HB 138: An Act amending Titles 23 (Domestic Relations) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in proceedings prior to petition to adopt, further providing for grounds for involuntary termination; and, in juvenile matters, further providing for disposition of dependent child.

Bill Text

PRIOR PRINTER'S NOS. 2253, 3481 PRINTER'S NO. 3645
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 138
Session of
2025
INTRODUCED BY KRAJEWSKI, SANCHEZ, CONKLIN, McNEILL, FIEDLER,
KHAN, HOWARD, CEPEDA-FREYTIZ, HOHENSTEIN, HILL-EVANS,
ISAACSON, FLEMING, GREEN, BOROWSKI, BOYD, MAYES AND MADDEN,
SEPTEMBER 3, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 17, 2026
AN ACT
Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in proceedings prior to petition to adopt, further
providing for grounds for involuntary termination; and, in
juvenile matters, further providing for disposition of
dependent child.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2511(b) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2511. Grounds for involuntary termination.
* * *
(b) Other considerations.--
(1) The court in terminating the rights of a parent
shall give primary consideration to the developmental,
physical and emotional needs and welfare of the child.
(2) The rights of a parent shall not be terminated
solely on the basis of:
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(i) environmental factors such as inadequate
housing, furnishings, income, clothing and medical care
if found to be beyond the control of the parent[.]; or
(ii) unless parental rights are terminated under
subsection (a)(9) or (10) (A)(9), (10) OR (11) , parental
incarceration.
(3) With respect to any petition filed pursuant to
subsection (a)(1), (6) or (8), the court shall not consider
any efforts by the parent to remedy the conditions described
therein which are first initiated subsequent to the giving of
notice of the filing of the petition.
* * *
Section 2. Section 6351(f)(9) of Title 42 is amended to
read:
§ 6351. Disposition of dependent child.
* * *
(f) Matters to be determined at permanency hearing.--At each
permanency hearing, a court shall determine all of the
following:
* * *
(9) If the child has been in placement for at least 15
of the last 22 months or the court has determined that
aggravated circumstances exist and that reasonable efforts to
prevent or eliminate the need to remove the child from the
child's parent, guardian or custodian or to preserve and
reunify the family need not be made or continue to be made,
whether the county agency has filed or sought to join a
petition to terminate parental rights and to identify,
recruit, process and approve a qualified family to adopt the
child unless any of the following provisions apply:
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(i) [the] The child is being cared for by a relative
best suited to the physical, mental and moral welfare of
the child[;].
(ii) [the] The county agency has documented a
compelling reason for determining that filing a petition
to terminate parental rights would not serve the needs
and welfare of the child[; or]. A compelling reason may
include parental incarceration for a period exceeding 15
months, UNLESS THE INCARCERATION IS FOR AN OFFENSE
SPECIFIED IN 23 PA.C.S. § 2511(A)(9) (RELATING TO GROUNDS
FOR INVOLUNTARY TERMINATION) OR THE GROUNDS IN SECTION
2511(A)(10) OR (11) ARE SATISFIED, if:
(A) the parent makes efforts to the extent
feasible to comply with family service plan
requirements and otherwise maintain a meaningful role
in the child's life during the time of incarceration;
and
(B) termination of parental rights is not
otherwise necessitated by the needs and welfare of
the child.
(iii) [the] The child's family has not been provided
with necessary services to achieve the safe return to the
child's parent, guardian or custodian within the time
frames set forth in the permanency plan.
* * *
Section 3. This act shall take effect in 60 days.
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