Pennsylvania HB 144: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, further providing for informal adjustment; and making an editorial change.

Bill Text

PRIOR PRINTER'S NOS. 2445, 2617 PRINTER'S NO. 2858
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 144
Session of
2025
INTRODUCED BY KRAJEWSKI, SANCHEZ, WAXMAN, K.HARRIS, CEPHAS,
MADDEN, FIEDLER, KAZEEM, OTTEN, KINKEAD, MAYES, CEPEDA-
FREYTIZ, RIVERA, STEELE, SHUSTERMAN, BURGOS, KHAN,
HOHENSTEIN, DOUGHERTY, BOYD AND FRANKEL, OCTOBER 10, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 3, 2026
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
further providing for informal adjustment; and making an
editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "dependent child" in section
6302 of Title 42 of the Pennsylvania Consolidated Statutes is
amended to read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Dependent child." A child who:
(1) is without proper parental care or control,
subsistence, education as required by law, or other care or
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control necessary for his physical, mental, or emotional
health, or morals. A determination that there is a lack of
proper parental care or control may be based upon evidence of
conduct by the parent, guardian or other custodian that
places the health, safety or welfare of the child at risk,
including evidence of the parent's, guardian's or other
custodian's use of alcohol or a controlled substance that
places the health, safety or welfare of the child at risk;
(2) has been placed for care or adoption in violation of
law;
(3) has been abandoned by his parents, guardian, or
other custodian;
(4) is without a parent, guardian, or legal custodian;
(5) while subject to compulsory school attendance is
habitually and without justification truant from school;
(6) has committed a specific act or acts of habitual
disobedience of the reasonable and lawful commands of his
parent, guardian or other custodian and who is ungovernable
and found to be in need of care, treatment or supervision;
(7) has committed a delinquent act or crime, other than
a summary offense, while under the age of ten years;
(8) has been formerly adjudicated dependent, and is
under the jurisdiction of the court, subject to its
conditions or placements and who commits an act which is
defined as ungovernable in paragraph (6);
(9) has been referred pursuant to section 6323 (relating
to informal adjustment and diversion), and who commits an act
which is defined as ungovernable in paragraph (6); or
(10) is born to a parent whose parental rights with
regard to another child have been involuntarily terminated
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under 23 Pa.C.S. § 2511 (relating to grounds for involuntary
termination) within three years immediately preceding the
date of birth of the child and conduct of the parent poses a
risk to the health, safety or welfare of the child.
* * *
Section 2. Section 6323 of Title 42, amended October 16,
2024 (P.L.1006, No.108), is amended to read:
§ 6323. Informal adjustment and diversion.
(a) General rule.--
(1) Before a petition is filed, the probation officer or
other officer of the court designated by it, subject to its
direction, shall, in the case of a dependent child where the
jurisdiction of the court is premised upon the provisions of
paragraph (1), (2), (3), (4), (5) or (7) of the definition of
"dependent child" in section 6302 (relating to definitions)
and if otherwise appropriate, refer the child and [his] the
child's parents to any public or private social agency
available for assisting in the matter. Upon referral, the
agency shall indicate its willingness to accept the child and
shall report back to the referring officer within three
months concerning the status of the referral.
(2) Similarly, the probation officer may in the case of
a delinquent child, or a dependent child where the
jurisdiction of the court is permitted under paragraph (6) of
the definition of "dependent child" in section 6302, refer
the child and [his] the child's parents to an agency for
assisting in the matter.
(3) The agency may return the referral to the probation
officer, local government agency or other officer for further
informal adjustment or other diversion program if it is in
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the best interests of the child.
(b) Counsel and advice.--Such social agencies and the
probation officer or other officer of the court [may]:
(1) May give counsel and advice to the parties with a
view to an informal adjustment or other diversion program if
it appears:
[(1)] (i) counsel and advice without an adjudication
would be in the best interest of the public and the
child;
[(2)] (ii) th