§ 1704   between persons the same sex It is hereby declared to be the strong and longstanding public policy this Commonwealth that shall be between one man and one woman A between persons 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 77A10  Foreign support agreement 77A11  Modification convention child support order 77A12  Personal information 77A13  Record in original language     § 7601  Registration order for enforcement § 7602  Procedure to register order for enforcement (1949 Rev S 7233; P.A 79-602 S 104; P.A 83-581 S 32 40; P.A 98-28 S 113 117; P.A 14-134 S 43.) History: P.A 79-602 substituted “the” for “such” where appearing; P.A 83-581 replaced a reference to “section 49-44” with “section 52-380a” and replaced “real estate” with “real property”; Sec 49-54 transferred to Sec 52-380b in 1985; P.A 98-28 added electric distribution companies and deleted reference to “light or power” companies effective July 1 1998; P.A 14-134 deleted references to telegraph company and electric company effective. § 5208  Provisions and measures to prevent abduction § 5209  Warrant to take physical custody child § 5210  Duration abduction prevention order (C)  Protecting identity.--Except for reports under subsection (a)(9) and (10) and in response to a law enforcement ficial investigating allegations false reports under 18 Pa.C.S § 4906.1 (relating to false reports child abuse) the release data by the department county institution school facility or agency or designated agent the person in charge that would identify the person who made a report suspected child abuse or who cooperated in a subsequent investigation is prohibited Law enforcement ficials shall treat all reporting sources as confidential informants All public and licensed private child service agencies shall register all children with PACE for whom parental rights have been terminated for 90 days and for whom no report intention to adopt has been filed in the court common pleas A public or licensed private agency may register other children as set forth in section 2553(b) (relating to registration children) 23c2556s § 2556  Related activities agencies unaffected. (1)  Where the court determines under subsection (c) that counseling is necessary it shall appoint a qualified pressional specializing in treatment relating to the particular fense to provide counseling to the fending individual (2)  Counseling may include a program treatment or individual therapy designed to rehabilitate the fending individual which addresses but is not limited to issues regarding physical and sexual abuse the psychology the fender and the effects the fense on the victim (2)  An individual may not waive the revocation period under paragraph (1) (3)  Notwithstanding paragraph (1) the following apply: (i)  An individual who executed a consent to an adoption may challenge the validity the consent only by filing a petition alleging fraud or duress within the earlier the following time frames: (A)  General rule.--All children shall be legitimate irrespective the marital status their parents and in every case where children are born out wedlock they shall enjoy all the rights and privileges as if they had been born during the wedlock their parents except as otherwise provided in Title 20 (relating to decedents estates and fiduciaries) (b)  Determination paternity.--For purposes prescribing benefits to children born out wedlock by from and through the father paternity shall be determined by any one the following ways: (A.3)  Exchange visitor.--An individual in possession a nonimmigrant visa issued pursuant to 8 U.S.C § 1101(a)(15)(J) (relating to definitions) to an exchange visitor commonly referred to as a "J-1" Visa shall not be required to submit information under subsection (b) if all the following apply: (1)  The individual is applying for or holds a paid position with a program activity or service for a period not to exceed a total 90 days in a calendar year (2)  The information maintained in the resource family registry may be released to the following individuals when the department has positively identified the individual requesting the information and the department except in the case subparagraphs (iii) and (iv) has inquired into whether and if it is satisfied that the individual has a legitimate need within the scope the individual's ficial duties to obtain the information: (i)  An authorized ficial a county or private agency a Federal agency or an agency another state who performs resource family approvals or the department in the course the ficial's duties (A)  Environmental factors.--No child shall be deemed to be physically or mentally abused based on injuries that result solely from environmental factors such as inadequate housing furnishings income clothing and medical care that are beyond the control the parent or person responsible for the child's welfare with whom the child resides This subsection shall not apply to any child-care service as defined in this chapter excluding an adoptive parent Thanksgiving A  Registration for Enforcement Support Order B  Contest Validity or Enforcement C  Registration and Modification Child Support Order Another State D  Registration and Modification Foreign Child Support Order   Are you sure you want to delete this list?canceldelete list" data-multiple_remove_from_library="Everything you selected will also be removed from. (5.1)  A court common pleas in connection with any matter involving custody a child as set forth in sections 5328 (relating to factors to consider when awarding custody) and 5329.1 (relating to consideration child abuse and involvement with protective services) (6)  A standing committee the General Assembly as specified in section 6384 (relating to legislative oversight) (7)  The Attorney General. § 6354 - § 6358 (Repealed)   Subchapter D  Organization and Responsibilities Child  Protective Service   (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 child abuse or reports related to general protective services and shall be limited to the following: (A)  General duty.--A support enforcement agency upon request shall provide services to an obligee in a proceeding under this part (b)  Specific duties.--A support enforcement agency that is providing services to the petitioner as appropriate shall do all the following: (1)  Take all steps necessary to enable an appropriate tribunal to obtain jurisdiction over the respondent (B)  Collections and disbursements.--The department may require that such collections and disbursements support as the department may specify including those related to persons not receiving public assistance be processed through the State disbursement unit (1)  The State disbursement unit shall use automated procedures electronic processes and computer technology to the maximum extent feasible efficient and economical for the collection and disbursement support payments (1949 Rev S 8105; P.A 83-581 S 26 40.) History: P.A 83-581 replaced “goods” with “personal property” and made minor grammatical and diction changes Cited 22 CA 260 (Return to ChapterTable Contents) (Return toList Chapters) (Return toList Titles) Secs 52-354 and 52-355 Exemption sick benefits and insurance moneys Exemption body from execution Sections 52-354 and 52-355 are repealed (1949 Rev S 8103 8114; 1955 S 3205d; P.A 81-410 S 14; P.A 83-581 S 39 40; P.A 84-546. (I)  Imprisonment for a period not more than six months (ii)  A fine not more than $500 (iii)  Probation for a period not more than six months (iv)  An order for nonrenewal suspension or denial operating privilege under section 4355 (relating to denial or suspension licenses) Cross References  Section 5336 is referred to in section 5337 this title 23c5337s § 5337  Relocation (a)  Applicability.--This section applies to any proposed relocation (F)  Notification decision.--A tribunal this State deciding a contest a registered convention support order shall promptly notify the parties its decision (g)  Appeals.--A challenge or appeal does not stay the enforcement a convention support order unless there are exceptional circumstances § 6320  Protection from employment discrimination (a)  Basis for relief.--A person may commence an action for appropriate relief if all 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. (Iv)  That an order to the Department Transportation to automatically suspend nonrenew or deny the license will occur in all cases 30 days after issuance the notice unless the arrearage is paid a periodic payment schedule is approved by the court or the individual is excused from the failure to comply with the warrant or subpoena (3)  Any order issued to the Department Transportation pursuant to this section shall be issued as agreed upon by the department and the Department Transportation The order may be transmitted electronically or by other methods § 5332  Informational programs § 5333  Counseling as part order § 5334  Guardian ad litem. (1)  Prior to interviewing a subject a report the county agency shall orally notify the subject except for the alleged victim who is about to be interviewed the following information: (i)  The existence the report (ii)  The subject's rights under 42 Pa.C.S §§ 6337 (relating to right to counsel) and 6338 (relating to other basic rights) (C)  Cooperation county agency and law enforcement ficials.--Consistent with the provisions this chapter the county agency and law enforcement ficials shall cooperate and coordinate to the fullest extent possible their efforts to respond to and investigate reports suspected. (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 section 2 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 The Support Law (D)  Hearing.--Within ten business days the filing 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 a firearm other weapon or ammunition relinquished pursuant to this chapter § 7610  Effect registration for modification § 7611  Modification child support order another state § 7612  Recognition order modified in another state (G)  Notice.--Notice shall be given to the defendant in orders issued under this section stating that violations an order will subject the defendant to arrest under section 6113 (relating to arrest for violation order) or contempt court under section 6114 (relating to contempt for violation order or agreement) Resumption coresidency on the part the plaintiff and defendant shall not nullify the provisions the court order (h)  Title to real property unaffected.--No order or agreement under this chapter shall in any manner affect title to any real property (3)  The county agency in accordance with the protocol and in consultation with the team shall appoint an individual who is not an employee the county agency to serve as chairperson (4)  The team shall perform the following: (i)  Review the circumstances the child's fatality or near fatality resulting from suspected or substantiated. References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services by Act 132 2014 23c2552s § 2552  Pennsylvania Adoption Cooperative Exchange There shall be a Pennsylvania Adoption Cooperative Exchange in the fice Children Youth and Families the Department Public Welfare History: P.A 83-581 replaced reference to “section 52-361” with “section 52-361a” Cited. (3)  whether any proceeding has been commenced that could affect the current proceeding including proceedings relating to domestic violence protective orders termination parental rights and adoptions and if so identify the court the case number and the nature the proceeding; (4)  the present physical address the child and the respondent. Cross References  Section 7101 is referred to in sections 4302 4308.1 this title § 7101.1  Definitions. § 7103  State tribunal and support enforcement agency § 7104  Cumulative remedies § 7105  Application part to resident foreign country and foreign support proceeding (C) The form for initial interrogatories prescribed by section 52-351b shall be accompanied by a conspicuous notice rights in clear and simple language (1) notifying the person served that with respect to assets he is required to reveal information concerning the amount nature and location the judgment debtor's assets up to an amount clearly sufficient in value to ensure full satisfaction the judgment with interest and costs and that pursuant to section 52-400a he may apply to the court for protection from annoyance embarrassment oppression or undue burden or expense and (2) containing a list and description the most common classes personal property which are exempt from execution with a citation to the statutory authority for. (B)  Means and location.--A court this Commonwealth may permit an individual residing in another state to be deposed or to testify by telephone audiovisual means or other electronic means before a designated court or at another location in that state A court this Commonwealth shall cooperate with courts other states in designating an appropriate location for the deposition or testimony (c)  Transmission documentary evidence.--Documentary evidence transmitted from another state to a court this Commonwealth by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means transmission   2017 Amendment  Act 68 added subsec (a)(6) 2014 Amendments  Act 33 added subsec (a)(4) and Act 91 added subsec (a)(5) 2002 Amendment  Act 201 amended subsecs (a) and (c) 5603.  scope 23c5601s § 5601  Short title chapter This chapter shall be known and may be cited as the Standby Guardianship Act. (2)  Enabling the General Assembly to determine whether the programs and services mandated by this chapter are effectively meeting the goals this chapter (3)  Assisting the General Assembly in measuring the costs and benefits this program and the effects and side-effects mandated program services (4)  Permitting the General Assembly to determine whether the confidentiality records mandated by this chapter is being maintained at the State and. Cited 217 C 507; 240 C 343 Cited 38 CA 44 (Return to ChapterTable Contents) (Return toList Chapters) (Return toList Titles) Sec 52-356c Determination interests in disputed property (a) Where a dispute exists between the judgment debtor or judgment creditor and a third person concerning an interest in personal property sought to be levied on or where a third person claims that the execution will prejudice his superior interest therein the judgment creditor or third person may within twenty days service the execution or upon application by the judgment creditor for a turnover order make a claim for determination interests pursuant to this section. Sec 2521.  Effect decree termination 23c2521s § 2521  Effect decree termination. 3505.  disposition property to defeat obligations 3506.  Statement reasons for distribution 3507.  Division entireties property between divorced persons 3508.  Conveyance entireties property to divorced spouse   (2)  The goals and objectives this chapter will continue to be met if a waiver is granted If the department grants a waiver under this subsection the county agency and its agents shall be bound by all other provisions this chapter including requirements concerning the maintenance and disclosure confidential information and records (5)  The fact that the name the perpetrator the nature the abuse and the final status a founded or indicated report will be entered in the Statewide database if the perpetrator's Social Security number or date birth are known (6)  The perpetrator's right to file an appeal an indicated finding abuse pursuant to section 6341 (relating to amendment or expunction information) within 90 days the date notice (C)  Prosecutors or public ficials.--A prosecutor or public authority designated under section 5455 (relating to role prosecutor or public ficial) may seek a warrant to take physical custody a child under section 5209 (relating to warrant to take physical custody child) or other appropriate prevention measures 23c5205s § 5205  Jurisdiction. § 7314  Limited immunity petitioner (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 civil process while physically present in this State to participate in a proceeding under.     PART V SUPPORT PROPERTY AND CONTRACTS   (D.1)  Medical support notice.--The department shall develop a medical support notice for use by the department or domestic relations section in accordance with procedures established by the department The medical support notice shall comply with national standards established by the Federal Government for medical support notices The department or domestic relations section shall send the medical support notice to the employer within two business days after the date entry an employee who is a new hire into the Commonwealth directory new hires under section 4392 (relating to employer reporting) (A)  General rule.--Any court order requiring the relinquishment firearms other weapons or ammunition shall provide for the return the relinquished firearms other weapons or ammunition to the defendant upon expiration the order or dismissal a petition for a protection from abuse order The defendant may take custody 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 the relinquished firearms other weapons or ammunition (B)  Disposition application.--Upon the return the rule after hearing the court may discharge it make it absolute or frame issues itself Only the issues ordered by the court shall be tried The rule shall not be made absolute when in the opinion the court a trial by jury cannot be had without prejudice to the public morals 23c3323s § 3323  Decree court. (C)  Duration.--The court in ordering alimony shall determine the duration the order which may be for a definite or an indefinite period time which is reasonable under the circumstances (d)  Statement reasons.--In an order made under this section the court shall set forth the reason for its denial or award alimony and the amount there Cross References  Section 6316 is referred to in sections 6313 6318 this title 23c6317s § 6317  Mandatory reporting and postmortem investigation deaths. (Iii)  the adjudication involves the same factual circumstances involved in the allegation child abuse; and (iv)  the protection from abuse adjudication finds that the child abuse occurred "Founded report for school employee."  (Deleted by amendment) Subchapter Heading  The heading Subchapter B was amended Decem P. effective immediately 23c7203s § 7203  Initiating and responding tribunal. § 3101  Short title part § 3102  Legislative findings and intent § 3103  Definitions 6505  Reporting acceptance newborns 6506  Failure to report acceptance newborns 6507  Immunity 6508  Duty hospital 6509  Duties department. (3)  if coverage is made available for dependents the insured to make such coverage available to the insured's children without regard to enrollment season restrictions whether the child was born out wedlock whether the child is claimed as a dependent on the parent's Federal income tax return whether the child resides in the insurer's service area the amount support contributed by a parent the amount time the child spends in the home or the custodial arrangements for. (3)  except as otherwise provided in section 5429 (relating to information to be submitted to court) the name and address the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered (b)  Duties registering court.--On receipt the documents required by subsection (a) the registering. (A.1)  Measuring and determining the increase in value nonmarital property.--The increase in value any nonmarital property acquired pursuant to subsection (a)(1) and (3) shall be measured from the date or later acquisition date to either the date 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 the nonmarital property a party shall be fset against any increase in value the nonmarital property that party However a decrease in value the nonmarital property a party shall not be fset against any increase in value the nonmarital property the other party or against any other marital property subject to equitable division (E)  Transmission documentary evidence.--Documentary evidence transmitted from outside this State to a tribunal this State by telephone telecopier or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means transmission (6)  Issue subpoenas for financial or other information needed to establish modify or enforce a support order (7)  Issue orders directing an obligor or other payor to change the payee a support order (8)  Order income pursuant to section 4348 (relating to attachment income).   Enactment  Chapter 65 was added December 9 2002 P. effective in 60 days Cross References  Chapter 65 is referred to in section 6315 this title; section 4306 Title 18 (Crimes and fenses) 18 Pa.C.S § 4305 (relating to dealing in infant children) 18 Pa.C.S § 5902(b) (relating to prostitution and related fenses) 18 Pa.C.S § 5903(c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S § 6301 (relating to corruption minors). § 5104  Blood tests to determine paternity (a)  Short title section.--This section shall be known and may be cited as the Uniform Act on Blood Tests to Determine Paternity (b)  Scope section.-- (1)  Civil matters.--This section shall apply to all civil matters (3.1)  An active retired or senior bankruptcy judge the United States Bankruptcy Courts for the Eastern Middle or Western District Pennsylvania who is a resident this Commonwealth (4)  An active retired or senior judge the United States Court Appeals for the Third Circuit who is a resident this Commonwealth (5)  A mayor any city or borough this Commonwealth. Sec 52-355a Judgment lien on personal property (a) Except in the case a consumer judgment a judgment lien securing the unpaid amount any money judgment including interest and costs may be placed on any nonexempt personal property in which by a filing in the fice the Secretary the State a security interest could be perfected under title 42a The judgment lien shall be created by filing a judgment lien certificate in the fice the Secretary the State For purposes this section the judgment lien shall be filed as if the debtor were located in this state However in the case a debtor who is not located in this state the judgment lien shall be effective only as to the debtor's tangible personal property that is located in. (I)  the applicant is a program participant in the Address Confidentiality Program under Chapter 67 and the applicant resides with the applicant's parents; or (ii)  the applicant's parent is a program participant in the Address Confidentiality Program under Chapter 67 (6)  Any other facts necessary to determine whether a legal impediment to the proposed exists (A)  Defenses.--A party contesting the validity a registered order or seeking to vacate the registration has the burden proving one 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. § 6344.3 Continued employment or participation in program activity or service § 6344.4 Recertification § 6345  Audits by Attorney General In all cases where debts are contracted for necessaries by either spouse for the support and maintenance the family it shall be lawful for the creditor in this case to institute suit against the husband and wife for the price such necessaries and after obtaining a judgment have an execution against the spouse contracting the debt alone; and if no property that spouse is found execution may be levied upon and satisfied out the separate property the other spouse 23c4103s § 4103  (Reserved). § 8201  Continuing exclusive jurisdiction (a)  Extent.--A tribunal issuing a support order has continuing exclusive jurisdiction over a support order unless otherwise provided by Part VIII (relating to uniform interstate family support) or this part (b)  Faith and credit.--A tribunal shall recognize the continuing exclusive jurisdiction another tribunal which has issued a support order (2)  the party before execution the agreement: (i)  was not provided a fair and reasonable disclosure the property or financial obligations the other party; (ii)  did not voluntarily and expressly waive in writing any right to disclosure the property or financial obligations the other party beyond the disclosure provided; and (2)  (i)  If the county agency deems it appropriate in a dependency or delinquency proceeding including an instance in which the alleged perpetrator has access or poses a threat to a child the county agency may petition the court under 42 Pa.C.S Ch 63 (relating to juvenile matters) for a finding. (I)  If an individual is arrested for or convicted an fense that would constitute grounds for denying approval under this chapter or is named as a perpetrator in a founded or indicated report the individual shall provide the agency with written notice not later than 72 hours after the arrest conviction or notification that the individual was named as a perpetrator in the Statewide database ( P. eff July 1 1995; Apr 7 2014 P. eff )   Cross References  Section 6317 is referred to in sections 6313 6318 6367 this title 23c6318s § 6318  Immunity from liability. (4)  There shall be no right to appeal from a refusal to issue or renew or from a revocation or suspension under this section The sole remedy shall be to petition the court which entered the underlying support order which resulted in the revocation suspension or refusal to issue or renew the license (d.4)  Implementation.--The department may promulgate regulations and issue directives to coordinate and carry out the provisions this section 7610  Effect registration for modification 7611  Modification child support order another state 7612  Recognition order modified in another state 7613  Jurisdiction to modify child support order another state when individual parties reside in. (I)  Time limit for certification.--The department shall comply with certification requests no later than 14 days from the receipt the request (j)  Voluntary certification child caretakers.--The department shall develop a procedure for the voluntary certification child caretakers to allow persons to apply to the department for a certificate indicating the person has met the requirements subsection (b) The department shall also provide for the biennial recertification child caretakers 8307  Supervisory duty 8308  Private counsel 8309  Nondisclosure information in exceptional circumstances 8310  Nonparentage not a defense 8311  Special rules evidence and procedure. Subchapter C  Registration and Modification Child Support Order Another State   § 7609  Procedure to register child support order another state for modification (4)  Sole physical custody (5)  Supervised physical custody (6)  Shared legal custody (7)  Sole legal custody. ( P. eff Jan 1 1998)   1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support Cross References.  Section 8303 is referred to in section 2512 this title 23c8304s § 8304  Duties and powers responding tribunal. "serious physical neglect."  Any the following when committed by a perpetrator that endangers a child's life or health threatens a child's well-being causes bodily injury or impairs a child's health development or functioning: (1)  A repeated prolonged or egregious failure to supervise a child in a manner that is appropriate considering the child's developmental age and abilities (2)  The failure to provide a child with adequate essentials life including food shelter or medical care (B.2)  Investigation.--An employer administrator supervisor or other person responsible for employment decisions shall require an applicant to submit the required documentation set forth in this chapter or as required in section 6344.4 An employer administrator supervisor or other person responsible for employment decisions that intentionally fails to require an applicant to submit the required documentation before the applicant's hiring or upon recertification commits a misdemeanor the third degree (C)  Putative father.--If a putative father will not execute a consent to an adoption as required by section 2711 has been given notice the hearing being held pursuant to this section and fails to either appear at that hearing for the purpose objecting to termination his parental rights or file a written objection to such termination with the court prior to the hearing and has not filed an acknowledgment paternity or claim paternity pursuant to section 5103 (relating to acknowledgment and claim paternity) the court may enter a decree terminating the parental rights the putative father pursuant to subsection (b) 77A02  Applicability 77A03  Relationship department to United States central authority 77A04  Initiation by department support proceeding under convention 77A05  Direct request. Cross References.  Section 2907 is referred to in section 2908 this title 23c2908s § 2908  Foreign decree adoption. New Year's Eve/Day (2)  The county agency is conducting an investigation suspected child abuse 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 Human Services the Commonwealth 2 (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 the remaining educational costs their child The court shall consider all relevant factors which appear reasonable equitable and necessary including the following: (1)  The financial resources both parents (2)  The financial resources the student. § 5327  Presumption in cases concerning primary physical custody § 5328  Factors to consider when awarding custody § 5329  Consideration criminal conviction (2)  Any other person may petition the court to allow for the return that other person's firearms other weapons and ammunition prior to the expiration 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   Sec 8401.  Registration order 8402.  Procedure to register order. § 6361  Organization for child protective services § 6362  Responsibilities county agency for child protective services § 6363  County plan for protective services (1)  Recite the facts upon which a determination a credible risk imminent wrongful the child is based (2)  Direct law enforcement ficers to take physical custody the child immediately (3)  State the date and time for the hearing on the petition (4)  Provide for the safe interim placement the child pending further order. 1901  Actions for alienation affections abolished 1902  Actions for breach promise to marry abolished 1903  Purpose chapter 1904  Filing or threatening to file actions prohibited. (2)  The individual and the individual's parent or legal guardian swear or affirm in writing that the individual is not disqualified from service under subsection (c) or has not been convicted an fense similar in nature to those crimes listed in subsection (c) under the laws or former laws the United States or one its territories or possessions another state the District Columbia the Commonwealth Puerto Rico or a foreign nation or under a former law this Commonwealth 57  Sex Trafficking and Missing and Abducted Children   Enactment  Unless otherwise noted Part VI was added Octo P. effective in 90 days     "family child-care home."  A residence where child day care is provided at any time to no less than four children and no more than six children who are not relatives the caregiver "Family members."  Spouses parents and children or other persons related by consanguinity or affinity "Founded report."  A child abuse report involving a perpetrator that is made pursuant to this chapter if any the following applies: (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 (D)  Life insurance.--The court may direct the continued maintenance and beneficiary designations existing policies insuring the life or health either party which were originally purchased during the and owned by or within the effective control either party Where it is necessary to protect the interests a party the court may also direct the purchase and beneficiary designations on a policy insuring the life or health either party Labor Day § 6368  Investigation reports (a)  Response to direct reports.--Upon receipt a report suspected child abuse by a perpetrator from an individual the county agency shall ensure the safety the child and any other child in the child's home and immediately contact the department in accordance with the provisions section 6334 (relating to disposition complaints received) "police department."  A public agency a political subdivision having general police powers and charged with making arrests in connection with the enforcement criminal or traffic laws "Police ficer."  A full-time or part-time employee assigned to criminal or traffic law enforcement duties a police department a county city borough town or township The term also includes a member the State Police Force § 5509  Other liability parent or child unaffected The liability imposed upon parents by this chapter shall not limit the common-law liability parents for damages caused by a child and shall be separate and apart from any liability which may be imposed upon the child 23c5601h   1996 Amendment.  Act 20 amended subsec (c) and deleted subsec (d) 1994 Amendment.  Act 150 amended subsec (a) and added subsec (e) Suspension by Court Rule.  Section 4342 was suspended by Pennsylvania Rule Civil Procedure No (2) as amended insar as it provides that long arm jurisdiction shall be used in preference to proceedings under Part VIII-A relating to intrastate family support actions (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 the person shall belong to the person In the case the person's death money not expended for the person's care assistance and burial shall belong to the person's estate 23c4606s § 4606  Guardian. (A)  Short title part.--(Deleted by amendment) (b)  Definitions.--(Deleted by amendment) This part shall be known and may be cited as the Uniform Interstate Family Support Act (Ii)  to serve as an employee as identified in section 6344; (iii)  to apply as a volunteer under section 6344.2 (relating to volunteers having contact with children); and (iv)  to serve as a volunteer under section 6344.2. (A.1)  Parent.--The court shall appoint counsel for a parent whose rights are subject to termination in an involuntary termination proceeding if upon petition the parent the court determines that the parent is unable to pay for counsel or if payment would result in substantial financial hardship (b)  Payment costs.--The court in its discretion may order all or part the costs attendant to a proceeding under this part to be paid by the county wherein the case is heard the adopting parents or apportioned to both provided that if the adopting parents shall be ordered to bear all or a portion the costs this. (D)  Leases permitted.--Under the supervision the appropriate court a guardian may lease the real estate any person for a term years and receive and apply the proceeds the lease to defray the expenses incurred in the care or assistance and burial the person The balance the proceeds shall be paid to the person upon termination the guardianship or to the legal representatives the person after the person's death 23c5101h     (Ii)  whether the award interferes with any parent-child relationship; and (iii)  whether the award is in the best interest the child (2)  In ordering partial physical custody or supervised physical custody to a parent's parent or grandparent who has standing under section 5325(3) the court shall consider whether. 4352  Continuing jurisdiction over support orders 4353  Duty to report 4354  Willful failure to pay support order 4355  Denial or suspension licenses. (1)  a registered determination is enforceable as the date the registration in the same manner as a determination issued by a court this Commonwealth; (2)  a hearing to contest the validity the registered determination must be requested within 20 days after service notice; and (3)  failure to contest the registration will result in confirmation the child custody determination and preclude further contest that determination with respect to any matter that could have been asserted 6320  Protection from employment discrimination   Subchapter Heading  The heading Subchapter B was amended Decem P. effective July 1 1995 23c6311s § 6311  Persons required to report suspected. (2)  operate a motor vehicle for personal or commercial purposes "Licensing authority."  Any entity the Commonwealth political subdivision or agency there which issues a license "Operating privilege."  The privilege to apply for and obtain a license to use as well as the privilege to use a vehicle on a highway as authorized under Title 75 (relating to vehicles) (4)  the time the order is modified revoked vacated or superseded by a court with jurisdiction under sections 5421 (relating to initial child custody jurisdiction) 5422 (relating to exclusive continuing jurisdiction) and 5423 (relating to jurisdiction to modify determination) and applicable laws this Commonwealth 23c5211s § 5211  Uniformity application and construction. (A)  General rule.--Every person now having or hereafter receiving or retaining custody or physical care any child for the purpose or with the intention adopting a child under the age 18 years shall report to the court in which the petition for adoption will be filed (b)  Contents.--The report shall set forth: (1)  The circumstances surrounding the persons receiving or retaining custody or physical care the child including the date upon which a preplacement investigation was concluded Fourth July "initiating tribunal."  The authorized tribunal in an initiating county "Issuing county."  The county in which a tribunal issues a support order or renders a judgment determining parentage "Issuing tribunal."  The tribunal that issues a support order or renders a judgment determining parentage (B)  Disposition proceeds.--The trustee shall out the proceeds pay to the plaintiff spouse the sum money the court decreed as plaintiff's share in the property sold and also the sums money and interest thereon from the time the respective items making them up became due and payable which are due and payable under the order support The trustee shall also pay to the plaintiff spouse any additional sums the plaintiff may be entitled to under any order court for the support plaintiff or the children defendant Section 4352(d.1) was suspended by Pennsylvania Rule Civil Procedure No (6) as amended only insar as subsection (d.1)(1) provides that the underlying support action shall either be pending at the county domestic relations section or shall be enforced by the county domestic relations section in order for a lien to arise to arise against real property located in that county References in Text  Division 9 Title 13 referred to in subsec (d) was repealed and added by the act June 8 2001 (P. ) Present Division 9 relates to secured transactions ( P. eff imd.)   Cross References  Section 7604 is referred to in section 7607 this title 23c7605h     (8)  Attendance at secondary school (9)  For a person who has not graduated high school study leading to a high school diploma or equivalent Cross References  Section 7318 is referred to in section 7210 this title 23c7319s § 7319  Receipt and disbursement payments. (3) “Earnings” means any debt accruing to an obligor by reason such obligor's personal services including any compensation payable by an employer to an employee for such personal services whether denominated as wages salary commission bonus or otherwise including unemployment compensation if a purchase service agreement between the Commissioner Social Services and the Labor Commissioner is in effect pursuant to subsection (e) section 17b-179; (4) “Employer” means any person including the Labor Commissioner who owes earnings to an obligor; (5) “Income” means any periodic form payment due to an individual regardless source including but not limited to disposable earnings workers' compensation and disability benefits payments pursuant to a pension or retirement program and interest; (G)  Exception.--This section shall not apply to any monetary award due to a prevailing party or beneficiary under 12 years age or in the case an award under the Workers' Compensation Act or The Pennsylvania Occupational Disease Act a claimant under 12. (C)  Initial evaluation.--At the initial in-person contact with the court the judge conference ficer or other appointed individual shall perform an initial evaluation to determine whether the party or household member who committed an fense under subsection (a) poses a threat to the child and whether counseling is necessary The initial evaluation shall not be conducted by a mental health pressional After the initial evaluation the court may order further evaluation or counseling by a mental health pressional if the court determines it is necessary (d)  Counseling.-- (2)  enjoin the parties from continuing with the proceeding for enforcement; or (3)  proceed with the modification under conditions it considers appropriate 23c5427s § 5427  Inconvenient forum. (7)  The domestic relations section or employees there shall not be liable for errors in the certification amounts overdue support or satisfaction liens for overdue support except as provided in 42 Pa.C.S § 8550 (relating to willful misconduct) (8)  Support may cease to be overdue if a revised payment schedule is established by the court but any lien which has previously arisen against real estate shall remain in effect until paid or divested § 6302  Findings and purpose chapter (a)  Findings.--Abused children are in urgent need an effective child protective service to prevent them from suffering further injury and impairment (4)  A record showing the amount arrears if any and the date the amount was calculated (5)  A record showing a requirement for automatic adjustment the amount support if any and the information necessary to make the appropriate calculations (6)  If necessary a record showing the extent to which the applicant received free legal assistance in the issuing country (1)  A determination the safety or risk harm to the child or any other child if each child continues to remain in the existing home environment (2)  A determination the nature extent and cause any condition listed in the report (3)  Any action necessary to provide for the safety the child or any other child in the child's household (3)  In preparation for its closure and transfer 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 the name address and telephone number the agency to which case records have been transferred (1)  recite the facts upon which a conclusion imminent serious physical harm or from the jurisdiction is based; (2)  direct law enforcement ficers to take physical custody the child immediately; and (3)  provide for the placement the child pending final relief.   Cross References  Section 7301 is referred to in section 7305 this title 23c7302s § 7302  Action by minor parent. (V)  Counsel fees and costs (2)  An order committing an individual to jail under this section shall specify the condition which when fulfilled will result in the release that individual (h)  Parties in same residence.--Parties living separate and apart in the same residence may seek relief under this chapter but any custody order made under such a circumstance shall be effective.   1998 Amendment.  Act 127 added section 5105 23c5201h     (2)  Reports that are assessed by the county agency and accepted for services shall be reported to the department and entered into the Statewide database The reports shall be maintained for a period five years after the closure services by the county agency Following the expiration five years after the closure services by the county agency the report shall be expunged from the Statewide database as soon as possible but no later than 120 days after the five-year period following the closure services by the county agency (3)  The expunction information on general protective services under this subsection shall be mandated and guaranteed by the department (B)  Proceeds sale.--Upon the sale the real property for the collection any sums money due the divorced spouse under an order court the divorced spouse shall be entitled to receive therefrom such sum money as represents the share the divorced spouse in the property as ordered by the court under section 4362 (relating to plaintiff's share proceeds sale) together with any sums which may be due to the divorced spouse under an order support against the former spouse 23c4366s § 4366  Other enforcement remedies preserved. (D)  Lien against proceeds.--In order to carry out the purposes this section the department shall have a first lien against the proceeds any cause action that existed during the time an individual his spouse or his unemancipated children received cash assistance Unless otherwise directed by the department no payment or distribution shall be made to a claimant or claimant's designee the proceeds any action claim or settlement where the department has an interest without first satisfying or assuring the satisfaction the interest the Commonwealth Any person who after receiving notice the department's interest knowingly fails to comply with this subsection shall be liable to the department and the department may sue and recover from the person (Iii)  The sheriff shall provide the plaintiff with the name the person to which any firearm other weapon or ammunition was relinquished (iv)  Unless the defendant has complied with subparagraph (i)(B) or section 6108.2 or 6108.3 if the defendant fails to relinquish any firearm other weapon ammunition or firearm license within 24 hours or upon the close the next business day due to closure sheriffs' fices or within the time ordered by the court upon cause being shown at the hearing the sheriff shall at a minimum provide immediate notice to the court the plaintiff and appropriate law enforcement agencies (K) The employer shall notify promptly the dependent or Support Enforcement Services as directed when the obligor terminates employment makes a claim for workers' compensation benefits or makes a claim for unemployment compensation benefits and shall provide the obligor's last-known address and the name and address the obligor's new employer if known (l) When an obligor who is subject to under this section is identified as a newly hired employee pursuant to subsection (d) section 31-2c the state agency enforcing the obligor's child support order shall within two business days after the date information regarding such employee is entered into the state directory new hires issue a order to the employer the employee in accordance with subsection (e) this section. (1)  The individual seeking the order resides outside this State (2)  The support enforcement agency seeking the order is located outside this State (b)  Temporary orders.--The tribunal may issue a temporary child support order if the tribunal determines that an order is appropriate and the individual ordered to pay is any the following: (1)  A presumed father. 1998 Amendment  Act 127 amended subsec (d.6) Act 127 1998 was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support Cross References  Section 5421 is referred to in sections 5210 5422 5423 5424 5428 this title 23c5422s § 5422  Exclusive continuing jurisdiction. 4372  Establishment Title IV-D program 4373  Administration Title IV-D program 4374  State disbursement unit 4375  Access to records 4376  Central registry. (3)  A list the firearms other weapons or ammunition including if applicable the manufacturer model and serial number (4)  The name and license number the dealer licensed pursuant to 18 Pa.C.S § 6113 and the address the licensed premises (July 9 1992 P. eff 60 days; Oct 6 1994 P. eff 60 days; P. eff 180 days)   2005 Amendment.  Act 66 added subsec (e) 1994 Amendment.  Act 85 amended subsecs (a) and (b) (2)  An objection made under this subsection shall be filed with the court within 30 days receipt the proposed relocation notice and served on the other party by certified mail return receipt requested (3)  If notice the proposed relocation has been properly given and no objection to the proposed relocation has been filed in court then it shall be presumed that the nonrelocating party has consented to the proposed relocation The term does not apply to services provided by administrative or other support personnel unless the administrative or other support personnel have direct contact with children "Child protective services."  Those services and activities provided by the department and each county agency for child abuse cases "Children's advocacy center."  A local public agency in this Commonwealth or a not-for-prit entity incorporated in this Commonwealth which: The Supreme Court shall monitor mediation programs established by courts common pleas The Supreme Court shall establish procedures for the evaluation the effectiveness the program 23c3904s § 3904  Existing programs This chapter shall not affect any existing mediation program established in any judicial district pursuant to. § 5407  Priority If a question existence or exercise jurisdiction under this chapter is raised in a child custody proceeding the question upon request a party must be given priority on the calendar and handled expeditiously 23c5408s § 5408  Notice to persons outside Commonwealth.   Sec 2901  Time entry decree adoption 2902  Requirements and form decree adoption 2903  Retention parental status. (A)  Extradition to this State.--Before making demand that the Governor another state surrender an individual charged criminally in this State with having failed to provide for the support an obligee the Governor this State may require a prosecutor this State to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this part or that the proceeding would be. (C)  Grounds for denial.--Each prospective volunteer shall be subject to the requirements section 6344(c) (d)  Departmental treatment information.--Information provided and compiled under this section by the department shall be confidential and shall not be subject to the act Febru (P.L.6 No.3) known as the Right-to-Know Law This information shall not be released except as permitted by the department through regulation The department may charge a fee to conduct a certification as required by section 6344(b)(2) in accordance with the provisions section 6344(h) The department shall promulgate regulations necessary to carry out this subsection Section 3125 (relating to aggravated indecent assault) Section 3126 (relating to indecent assault) Section 3127 (relating to indecent exposure) Section 4302 (relating to incest) Section 4303 (relating to concealing. (A.1)  Multiple orders.--If a proceeding is brought under this part and two or more child support orders have been issued by tribunals this State another state or a foreign country with regard to the same obligor and same child a tribunal this State having personal jurisdiction over both the obligor and the individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized: (1)  If only one the tribunals would have continuing exclusive jurisdiction under this part the order that tribunal controls 8302  Action by minor parent 8303  Duties initiating tribunal 8304  Duties and powers responding tribunal 8305  Inappropriate tribunal 8306  Duties support enforcement agency. ( P. eff July 1 1995)   1994 Amendment  Act 151 added section 6385 Cited 45 CA 543 Section does not limit the court's jurisdiction to address a party's claims after property has been redeemed following a judgment foreclosure by sale; court's jurisdiction was not revoked to reach the merits defendant's motion to determine the debt and court improperly dismissed defendant's motion on that basis. (5)  (i)  Except as provided under subparagraph (ii) an individual 14 years age or older who is applying for or holding a paid position as an employee with a program activity or service as a person responsible for the child's welfare or having direct contact with children     SUBCHAPTER C HEARINGS   Sec. (6)  By an emergency services provider on the grounds an entity that employs or otherwise provides access to the emergency services provider under Chapter 65 (b)  Duration custody.--No child may be held in protective custody for more than 24 hours unless the appropriate county agency is immediately notified that the child has been taken into custody and the county agency obtains an order from a court competent jurisdiction permitting the child to be held in custody for a longer period Each court shall insure that a judge is available 24 hours a day 365 days a year to accept and decide the actions brought by a county agency under this subsection within the 24-hour period § 7402  Proceeding to determine parentage A tribunal this State authorized to determine parentage a child may serve as a responding tribunal in a proceeding to determine parentage a child brought under this part or a law or procedure substantially similar to this part 23c7402v ( P. . (B)  Civil contempt order.--Upon finding a violation 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 imprisonment under this section exceed a period six months (P.a 81-352 S 2; P.A 83-384 S 2; P.A 84-546 S 118 173; P.A 85-140 S 5; P.A 87-9 S 2 3; P.A 87-569 S 2; P.A 94-141; P.A 95-356 S 2; P.A 96-268 S 12 34; P.A 01-196 S 1 2; June Sp Sess P.A 01-9 S 12 131; P.A 02-93 S 1; P.A 03-2 S 49; 03-62 S 23; 03-84 S 41; 03-224 S 13; P.A 04-257 S 81; P.A 06-149 S 26; P.A 07-111 S 4; June Sp Sess P.A 09-3 S 139; P.A 12-89 S 7 14; P.A 14-7 S 17 18; 14-9 S 1; 14-122 S 188; 14-217 S 260; P.A 16-26. (9)  Notwithstanding paragraphs (2) and (3) the interests any person who recorded a deed mortgage or other instrument creating an interest in or lien against real estate on or after January 1 1998 and before the effective date this subsection shall not be subject to a lien for any overdue support accruing on or after the date the deed mortgage or other instrument creating the interest or lien was recorded (2)  Policy and procedures (3)  Regulatory compliance (4)  Services related to the general or medical care children (5)  Supervision children (6)  Safety children. (5)  An education enterprise "Intentionally."  The term shall have the same meaning as provided in 18 Pa.C.S § 302 (relating to general requirements culpability) "Knowingly."  The term shall have the same meaning as provided in 18 Pa.C.S § 302 (relating to general requirements culpability) (1)  The applicant has applied for the information required under subsection (b) and the applicant provides a copy the appropriate completed request forms to the employer administrator supervisor or other person responsible for employment decisions (2)  The employer administrator supervisor or other person responsible for employment decisions has no knowledge information pertaining to the applicant which would disqualify him from employment pursuant to subsection (c) 2015 Amendment  Act 15 amended subsec (e) 23c6336s § 6336  Information in Statewide database (a)  Information authorized.--The Statewide database shall include and shall be limited to the following information: (A)  Declaration authorization.--In all cases in which the parties intend to solemnize their by religious ceremony without ficiating clergy the shall not take place until their right so to do is certified in a declaration in substantially the following form: Commonwealth Pennsylvania ss: 2005 Amendment.  Act 66 added section 6121 23c6122s § 6122  Construction Nothing in this chapter shall be construed to preclude an action for wrongful use civil process pursuant to 42 Pa.C.S Ch 83 Subch E (relating to wrongful use civil proceedings) or criminal prosecution for a violation 18 Pa.C.S Ch 49 (relating to falsification and intimidation) (2)  A record stating that the support order is enforceable in the issuing country (3)  If the respondent did not appear and was not represented in the proceedings in the issuing country a record attesting as appropriate either that the respondent had proper notice the proceedings and an opportunity to be heard or that the respondent had proper notice the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal 5442.  enforcement under Hague Convention 5443.  Duty to enforce 5444.  Temporary visitation 5445.  Registration child custody determination. Enactment.  chapter 35 was added Decem P. effective in 90 days Cross References.  Chapter 35 is referred to in section 3701 this title 23c3501s § 3501  Definitions. (2)  authorize the taking and seizure the goods and chattels and collection the rents and prits the real and personal tangible and intangible property the party; (3)  award interest on unpaid installments; (4)  order and direct the transfer or sale any property required in order to comply with the court's order; § 4374  State disbursement unit (a)  Establishment.--The department shall establish and operate a State disbursement unit for collection and disbursement payments on child support orders consistent with Federal law The State disbursement unit shall also monitor support orders for enforcement action consistent with Federal law At the option the department the domestic relations sections may be linked into the State disbursement unit and perform some or all the functions there (10)  Information on reports made to the agency but not accepted for investigation or assessment (11)  False reports child abuse pursuant to a conviction under 18 Pa.C.S § 4906.1 (relating to false reports child abuse) for the purpose identifying and tracking patterns intentionally false reports (2)  even if this State is not the residence 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 this State may continue to exercise jurisdiction to modify the order (b)  Restriction.--A tribunal this State that has issued a child support order consistent with the law this State may not exercise its continuing exclusive jurisdiction to modify the. (P.a 83-581 S 14 40; P.A 84-527 S 10; P.A 16-194 S 5.) History: P.A 84-527 amended Subsec (c) to require the complaint in the case a consumer judgment to indicate whether pursuant to an installment payment order the court has entered a stay execution and to prohibit the commencement an action to foreclose a judgment lien unless an execution may issue pursuant to Sec 52-356a; P.A 16-194 amended Subsec (c) by adding “ except any judgment lien recorded with respect to a small claims action shall expire ten years after the judgment was rendered,”. (A)  General rule.--Within six months after filing the report intention to adopt the intermediary who or which arranged the adoption placement any child under the age 18 years shall make a written report under oath to the court in which the petition for adoption will be filed and shall thereupon forthwith notify in writing the adopting parent or parents the fact that the report has been filed and the date there (b)  Contents.--The report shall set forth: (1)  The name and address the intermediary. § 6332  Establishment Statewide toll-free telephone number (a)  General rule.--The department shall establish a single Statewide toll-free telephone number that all persons whether mandated by law or not may use to report cases suspected child abuse or children allegedly in need general protective services A county agency or law enforcement ficial shall use the Statewide toll-free telephone number or electronic technologies for determining the existence reports child abuse or general protective services reports in the Statewide database or reports under investigation (1)  The fice 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 the act J (P. ) referred to as the Commonwealth Documents Law or the act J (P. ) known as the Regulatory Review Act (2)  By July 1 2006 the fice Victim Advocate shall in accordance with law promulgate regulations to replace the guidelines under paragraph (1)   Sec 2731  Purpose subchapter 2732  Definitions 2733  Parties to agreement. (B)  Husband natural mother.--The consent the husband the mother shall not be necessary if after notice to the husband it is proved to the satisfaction the court by evidence including testimony the natural mother that the husband the natural mother is not the natural father the child Absent such pro the consent a former husband the natural mother shall be required if he was the husband the natural mother at any time within one year prior to the birth the adoptee (4)  All the information required to be furnished on the application for license as prepared and approved by the department (b)  Exception.--If an applicant is unable to appear in person because his active military service the applicant shall be permitted to forward an affidavit which verifies all the information required under subsection (a) to the issuing authority (c)  Form.--The department shall develop and make available affidavit forms to be used by applicants under subsection (b) Enactment  Chapter 29 was added Octo P. effective January 1 1981     SUBCHAPTER A GENERAL PROVISIONS 1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support 23c4308s § 4308  Lottery winnings intercept. ( P. eff July 1 1995; Apr 7 2014 P. eff )   2014 Amendment  Act 29 amended subsec (a) Cross References  Section 6332 is referred to in sections 6313 6368.   1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support § 7501.1  Employer's compliance with income- order another state. § 3305  Grounds for voidable s (a)  General rule.--The a person shall be deemed voidable and subject to in the following cases: (1)  Where either party to the was under 16 years age unless the was expressly authorized by. No ‌ County (name) To (name) and (name) § 4354  Willful failure to pay support order (a)  fense defined.--An individual who willfully fails to comply with a support order a court this Commonwealth when the individual has the financial ability to comply with the support order commits an fense (b)  Application.--This section applies to all support cases whether civil or criminal and whether the defendant is married unmarried separated or divorced B  Provisions and Responsibilities for Reporting Suspected Child Abuse C  Powers and Duties Department C. ts in Public and Private Schools (Repealed) C. ound Checks for Employment in Schools (Repealed) The county agency shall be as equally vigilant the status well-being and conditions under which a child is living and being maintained in a facility other than that a parent custodian or guardian from which the child has been removed as the service is the conditions in the dwelling the parent custodian or guardian Where the county agency finds that the placement for any temporary or permanent custody care or treatment is for any reason inappropriate or harmful in any way to the physical or mental well-being the child it shall take immediate steps to remedy these conditions including petitioning. (B)  Documentation required.--Notwithstanding sections 7311 (relating to pleadings and accompanying documents) and 7602(a) (relating to procedure to register order for enforcement) a request for registration of a convention support order must be accompanied by the following: (1)  A complete text of the support order or an abstract of the support order prepared by the issuing foreign tribunal which may be in the form recommended by the Hague Conference on Private International Law (1)  Establish or enforce a support order modify a child support order determine the controlling child support order or determine parentage a child (2)  Order an obligor to comply with a support order specifying the amount and the manner compliance (3)  Order income (4)  Determine the amount any arrearages and specify a method payment. Section 4304 (relating to endangering welfare children) Section 4305 (relating to dealing in infant children) A felony fense under section 5902(b) (relating to prostitution and related fenses) Section 5903(c) or (d) (relating to obscene and other sexual materials and performances). (A)  Right to appeal.--A custodial parent or person who has primary responsibility for the welfare a child may appeal the county agency's decision to accept the family for services Written notice this right along with an explanation the agency's decision shall be given to the family within seven days the decision to accept for service The department has no authority to modify an order a court common pleas (E)  Master for emergency relief.--The president judge a court common pleas a judicial district may with the approval the Administrative fice Pennsylvania Courts provide for the selection and appointment a master for emergency relief on a full-time or part-time basis The number masters for emergency relief shall be fixed by the president judge with the approval the Administrative fice Pennsylvania Courts The compensation a master for emergency relief shall be fixed and paid by the county (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: (3)  A grandparent the child who is not in loco parentis to the child: (i)  whose relationship with the child began either with the consent a parent the child or under a court order; (ii)  who assumes or is willing to assume responsibility for the child; and (iii)  when one the following conditions. (E)  Participation in events that involve physical contact with child.--An individual participating in a practice or competition in an interscholastic sport physical education a recreational activity or an extracurricular activity that involves physical contact with a child does not in itself constitute contact that is subject to the reporting requirements this chapter (f)  Child-on-child contact.-- (G)  Parent's obligation.--A parent's obligation to contribute toward the educational costs 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 orders.--Any party may request modification or termination an order entered under this section upon pro change in educational status the student a material change in the financial status any party or other relevant factors Sec 52-356d Installment payment order (a) When a judgment is rendered against a natural person the judgment creditor or judgment debtor may move the court for an order for installment payments in accordance with a money judgment After hearing and consideration the judgment debtor's financial circumstances the court may order installment payments reasonably calculated to facilitate payment the judgment. (3)  The applicant swears or affirms in writing that he is not disqualified from employment pursuant to subsection (c) or has not been convicted an fense similar in nature to those crimes listed in subsection (c) under the laws or former laws the United States or one its territories or possessions another state the District Columbia the Commonwealth Puerto Rico or a foreign nation or under a former law this Commonwealth (2)  To contest the order the obligor must appear before the domestic relations section no later than ten days after issuance the notice at which time it will be determined if a mistake fact has occurred If so the order shall be modified accordingly (f)  Request obligor.--The court shall also order the attachment income where the obligor so requests   1997 Amendment  Act 58 added section 7501.2 was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support Cross References  Section 7501.2 is referred to in section 7501.1. (E) If the claim form requests services to modify the support order the fice Child Support Services shall assist the obligor to file a motion for modification with the appropriate tribunal the state continuing exclusive jurisdiction in accordance with the law that jurisdiction The receipt the request for modification shall constitute a request for Title IV-D services but the bureau may require the making a formal application Such assistance shall include but is not limited to providing the obligor with information about how such a motion is filed contacting the state continuing exclusive jurisdiction on behalf the obligor to obtain appropriate forms and transmitting such forms and applicable information to the appropriate tribunal in.   CHAPTER 84 ENFORCEMENT AND MODIFICATION SUPPORT ORDER AFTER REGISTRATION   Cross References  Section 6383 is referred to in section 6509 this title 23c6384s § 6384  Legislative oversight. (H)  Effect noncompliance.--An employee or volunteer who willfully fails to disclose information required by subsection (g)(1) commits a misdemeanor the third degree and shall be subject to discipline up to and including termination or denial employment or volunteer position ( P. eff ; July 1 2015 P. eff imd.)   Enactment  Chapter 43 was added Octo P. effective in 90 days Saved from Suspension  Pennsylvania Rule Civil Procedure No adopted November 7 1988 provided that Chapter 43 shall not be deemed suspended or affected by Rules 1910.1 through governing actions for support Cross References  Chapter 43 is referred to in sections 5603 6108. § 77A03  Relationship department to United States central authority The department is recognized as the agency designated by the United States central authority to perform specific functions under the convention 23c77A04s § 77A04  Initiation by department support proceeding under convention. § 6504.2  Emergency services providers accepting newborns (a)  Duties.--In accepting a newborn under this chapter an emergency services provider shall: (1)  take the newborn into protective custody as specified under section 6315(a)(6) (relating to taking child into protective custody); and ------- Supplementary Provisions Amendatory Statutes -------         SUBCHAPTER D REGISTRATION AND MODIFICATION FOREIGN CHILD SUPPORT ORDER 1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support 23c7311s § 7311  Pleadings and accompanying documents. § 6108.2 Relinquishment for consignment sale lawful transfer or safekeeping § 6108.3 Relinquishment to third party for safekeeping § 6108.4 Registry or database firearm ownership § 6108.5 Penalties for release information. Upon the death the payee party the right to receive alimony pursuant to this chapter shall cease Upon the death the payor party the obligation to pay alimony shall cease unless otherwise indicated in an agreement between the parties or an order court 23c3901h     (5)  Within two days exclusive Saturdays Sundays and legal holidays after receipt a communication in a record from the respondent or the respondent's attorney send a copy the communication to the petitioner (6)  Notify the petitioner if jurisdiction over the respondent cannot be obtained (b.1)  Registration.--A support enforcement agency this State that requests registration a child support order in this State for enforcement or for modification shall make reasonable efforts to do one the following: (B)  Presumption.--All real or personal property acquired by either party during the is presumed to be marital property regardless whether title is held individually or by the parties in some form co-ownership such as joint tenancy tenancy in common or tenancy by the entirety The presumption 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): (5)  after six months after the date final separation where either party resides 23c3104v   Suspension by Court Rule  Section 3104(e) was suspended by Pennsylvania Rule Civil Procedure No as amended May 5 1997 insar as it applies to the practice and procedure in actions for divorce or (Ii)  the date an administrative or judicial proceeding relating to the child including but not limited to a domestic relations section conference or a proceeding to establish a support order in which the signatory is a party (2)  After the expiration the 60 days an acknowledgment paternity may be challenged in court only on the basis fraud duress or material mistake fact which must be established by the challenger through clear and convincing evidence An order for support shall not be suspended during the period challenge except for good. ( P. eff imd.)   2015 Amendment  Act 94 amended subsec (a) 23c7601h     (1)  a factor in making a determination regarding the relocation; (2)  a factor in determining whether custody rights should be modified; (3)  a basis for ordering the return the child to the nonrelocating party if the relocation has occurred without reasonable notice; (C)  Allocation collections.--Subject to subsections (d) (e) (f) and (f.1) support collected on behalf a family shall be distributed as follows: (1)  In the case a family receiving cash assistance from the Commonwealth: 2008 Amendment.  Act 16 amended subsec (b) 23c4379s § 4379  Cooperation required In accordance with a child support plan approved by the Federal Government the department shall have the power and its duty shall. 3 (B)  Assistance to parents.--Implicit in the county agency's protection children is assistance to parents in recognizing and remedying conditions harmful to their children and in fulfilling their parental duties more adequately 23c6374v ( P. eff July 1 1997)   (1)  prohibit the issuance or renewal a license the obligor or other individual; or (2)  require the suspension the license the obligor or other individual (b)  Notice to obligor or other individual.--   Enactment  Part VIII was added April 4 1996 P. effective immediately     CHAPTER 71 § 6113.1  Private criminal complaints for violation 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 any provision an order or court-approved consent agreement issued under this chapter or a foreign protection order with the court the fice the district attorney or the magisterial district judge in the jurisdiction or county where the violation occurred except that in a city the first class a complaint may only be filed with the family division the court common pleas or the fice the district attorney (B)  Presumption from absence.--When the death the spouse an applicant for a license is in issue the unexplained absence from the last known place residence and the fact that the absentee has been unheard 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 death may be a sufficient ground for finding that the absentee died less than seven years after the absentee was last. (Iii)  The defendant has been convicted a violation 18 Pa.C.S Ch 61 (relating to firearms and other dangerous articles) or any other fense involving the use a firearm (iv)  The defendant has been held in indirect criminal contempt for violating a provision the protection from abuse order consistent with section 6108(a)(1) (2) (6) (7) or (9) (relating to relief) Sec 6301  Short title chapter 6302  Findings and purpose chapter 6303  Definitions 6304  Exclusions from. 4309  Publication delinquent support obligors 23c4301s § 4301  Scope chapter (a)  General rule.--Actions or proceedings provided by this chapter are in addition to and not in substitution actions or proceedings provided by unsuspended statutes where there is desertion or a failure to perform a duty to support "postsecondary education."  An educational or vocational program provided at a college university or other postsecondary vocational secretarial business or technical school 23c4327v (July 2 1993 P. eff imd.)   "register."  To record a support order or judgment determining parentage in the fice designated by a court common pleas "Registering tribunal."  A tribunal in which a support order is registered "Responding county."  A county to which a proceeding is forwarded under. (4)  If the court or domestic relations section orders genetic testing the domestic relations section shall pay the cost the test subject to recoupment from the alleged father if paternity is established (5)  A determination paternity made by another state whether through judicial proceedings administrative proceedings or by acknowledgment paternity shall be given full faith and credit in the courts this Commonwealth (13)  Grant any other available remedy (c)  Findings fact.--A responding tribunal shall include in a support order issued under this part or in the documents accompanying the order the findings fact on which the support order is based (d)  Visitation.--A responding tribunal may not condition the payment a support order issued under this part upon compliance by a party with provisions for visitation Chapter 39 MEDIATION   Sec 3901.  Mediation programs. ( P. eff )   2014 Amendment  Act 176 added section 6340.1 23c6341s § 6341  Amendment or expunction information. (18)  The Department the Auditor General in conjunction with the performances the duties designated to the fice Auditor General except that the Auditor General may not remove identifiable reports or copies there from the department or county agency (b)  Release information to subject.--Upon a written request a subject a report may receive a copy all information except that prohibited from being disclosed by subsection (c) contained in the Statewide database or in any report filed pursuant to section 6313 (relating to reporting procedure) (A)  General rule.--In proceedings under sections 2737 (relating to modification agreement) 2738 (relating to enforcement agreement) and 2739 (relating to discontinuance agreement) parties shall not be entitled to court-appointed counsel (b)  Guardians. (A)  General rule.--The plaintiff spouse shall be entitled out the proceeds this sale to such sums money as represents the share in the property based on the proportionate part the original purchase money furnished by the plaintiff spouse for the purchase the property (b)  Petition to court.--The plaintiff spouse may petition the court common pleas the county where the real property is situated either before or after the sale the property by execution setting forth plaintiff's claim and the court shall fix a date for a hearing on the petition   SUBCHAPTER A GENERAL PROVISIONS   Sec. Cross References.  Section 6362 is referred to in sections 6361 6364 this title 23c6363s § 6363  County plan for protective services The county agency shall include provisions for protective services in its annual plan as required by the act J (P. ) known as the Public Welfare Code 2101  Short title part 2102  Definitions   Enactment  Chapter 21 was added Octo P. effective January.   Sec 2301  Court 2302  Venue. (B)  Noncustodial parent requirement.--If medical support is available at a reasonable cost to a noncustodial parent the court shall require that the noncustodial parent provide such medical support to the children the parties In cases where there are two noncustodial parents having such medical support available the court shall require one or both parents to provide medical support (2)  An independent institution higher education which is an institution higher education located in and incorporated or chartered by the Commonwealth entitled to confer degrees as set forth in 24 Pa.C.S § 6505 (relating to power to confer degrees) and entitled to apply to itself the designation "college," "university" or "seminary" as provided for by standards and qualifications prescribed by the State Board Education under 24 Pa.C.S Ch 65 (3)  A State-owned institution (4)  A State-related institution. A person or ficial required to report cases suspected child abuse including employees a county agency who has reasonable cause to suspect that a child died as a result 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 (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 funds received for the purpose carrying out the provisions this chapter (I)  The background certifications are necessary to satisfy the requirements under subsection (b) (ii)  The volunteer has not received background certifications free charge within the previous 57 months (iii)  The volunteer understands that the certifications shall not be valid or used for any other purpose (6)  In cases where foster parents knowingly fail to submit the material information required in paragraphs (4.1) and (5) and section 6344.4 such that it would disqualify them as foster parents the county agency shall immediately seek court authorization to remove the foster child or children from the home In emergency situations when a judge cannot be reached the county agency shall proceed in accordance with the Pennsylvania Rules Juvenile Court Procedure § 5454  Appeals An appeal may be taken from a final order in a proceeding under this subchapter in accordance with expedited appellate procedures in other civil cases Unless the court enters a temporary emergency order under section 5424 (relating to temporary emergency jurisdiction) the enforcing court may not stay an order enforcing a child custody determination pending appeal § 5321  Scope chapter This chapter applies to disputes relating to child custody matters 23c5322s § 5322  Definitions. ( P. eff imd.; July 2 1993 P. eff imd.; P. eff imd.; Apr 4 1996 P. eff imd.; P. eff Jan 1 1998)   1997 Amendment.  Act 58 added subsecs (f) (g) (h) (i) and (j) was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule .20 relating to the availability remedies for collection past due and overdue support (B)  Affidavit.--A defendant relinquishing firearms other weapons or ammunition to a dealer pursuant to subsection (a) shall obtain an affidavit from the dealer on a form prescribed by the Pennsylvania State Police which shall include at a minimum the following: (1)  The caption the case in which the protection from abuse order was issued (2)  The name address date birth and Social Security number the defendant. (E)  Tribunal duties.--In a contest a registered convention support order a tribunal this State: (1)  is bound by the findings fact on which the foreign tribunal based its jurisdiction; and (2)  may not review the merits. § 6711  Penalties (a)  False information.--Any person who knowingly provides false information in regard to a material fact contained in any application made pursuant to section 6704 (relating to persons eligible to apply) or 6705 (relating to application and certification process) shall be subject to termination from the program and to criminal penalties under 18 Pa.C.S § 4904 (relating to unsworn falsification to authorities) (b)  Access by fraud or misrepresentation.-- § 5101  Attainment full age § 5102  Children declared to be legitimate § 5103  Acknowledgment and claim paternity 3333.  res judicata and estoppel 23c3331s § 3331  Limitations on attacks upon decrees. § 5482  Severability If any provision this chapter or its application to any person or circumstance is held invalid the invalidity does not affect other provisions or applications this chapter which can be given effect without the invalid provision or application and to this end the provisions this chapter are severable 23c5501h   (D)  Receiving and assessing reports.--The county agency shall be the sole civil agency responsible for receiving and assessing all reports children in need protective services made pursuant to this chapter for the purpose providing protective services to prevent abuse or neglect to children and to provide or arrange for and monitor the provision 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 probation ficers) "duty support."  An obligation imposed or imposable by law to provide support for a child spouse or former spouse The term includes an unsatisfied obligation to provide support "Income."  The term includes earnings or other periodic entitlements to money from any source and any other property subject to for support under the laws this Commonwealth (8)  A private school accredited by an accrediting association approved by the State Board Education (9)  A nonpublic school (10)  An institution higher education (11)  (Deleted by amendment). This act shall take effect as follows: (1)  (i)  The addition 23 Pa.C.S §§ 6362(e) and 6375(c)(2) shall take effect upon the effective date regulations promulgated by the Department Public Welfare to implement the provisions this act or within three years from July 1 1995 whichever is earlier   SUBCHAPTER A VOLUNTARY RELINQUISHMENT   Sec. Subchapter A  Voluntary Relinquishment B  Involuntary Termination C  Decree Termination D  Reports and Investigation "child."  A child to whom a duty child support is owed "Health care coverage."  Coverage for medical dental orthodontic optical psychological psychiatric or other health care services for a child For the purposes this section medical assistance under Subarticle (f) Article IV the act J (P. ) known as the Public Welfare Code shall not be considered health care coverage   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) 23c5614s § 5614  Revocation. (A)  General rule.--In all matrimonial causes the court may either dismiss the complaint or enter a decree divorce. (B)  Expunction information when child attains 23 years age.--Except as provided in subsection (c) all information which identifies the subjects founded and indicated child abuse reports shall be expunged when the subject child reaches the age 23 The expunction shall be mandated and guaranteed by the department (2)  if the identity the responding tribunal is unknown to the state information agency the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged (b)  Special circumstances.-- (1)  If requested by the responding tribunal a tribunal this State shall issue a certificate or other document and make findings required by the law the responding state (1)  There has been a judicial adjudication based on a finding that a child who is a subject the report has been abused and the adjudication involves the same factual circumstances involved in the allegation child abuse The judicial adjudication may include any the following: (i)  The entry a plea guilty or nolo contendere (ii)  A finding guilt to a criminal charge. Cross References  Section 6102 is referred to in sections 3701 5322 6702 6711 this title; sections 2711 2718 6102 Title 18 (Crimes and fenses); sections 1726.2 8127 Title 42 (Judiciary and Judicial Procedure); section 304 Title 53 (Municipalities Generally) 23c6103s § 6103  Jurisdiction.   2014 Repeal  Subchapter C.2 (§§ 6354 - 6358) was added Decem P. and repealed P. effective Decem 23c6361h       Subchapter C  Reconciliation Multiple Orders   § 7207  Determination controlling child support order (B)  Contents decree.--A decree granting a divorce or an shall include after a full hearing where these matters are raised in any pleadings an order determining and disposing existing property rights and interests between the parties custody partial custody and visitation rights child support alimony reasonable attorney fees costs and expenses and any other related matters including the enforcement agreements voluntarily entered into between the parties In the enforcement the rights any party to any these matters the court shall have all necessary powers including but not limited to the power contempt and the power to attach wages (C)  Effect on rights parents.--This chapter does not restrict the generally recognized existing rights parents to use reasonable supervision and control when raising their children 23c6302v ( P. eff July 1 1995; P. eff Mar 1 1999)   § 2501  Relinquishment to agency § 2502  Relinquishment to adult intending to adopt child § 2503  Hearing 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 hire."  The first day an employee performs services for remuneration Cross References  Section 7319 is referred to in section 7307 this title 23c7401h     CHAPTER 74 2909  Medical history information (Repealed) 2910  Penalty for unauthorized disclosure   Subchapter Heading  The heading Subchapter A was added Octo P. effective in. (A)  Cancellation.--The fice Victim Advocate shall cancel the certification a program participant if: (1)  the program participant willingly provided false information on any portion the application; (2)  the program participant failed to notify the fice Victim Advocate within five days a name change or an address change; or Part VIII UNIFORM INTERSTATE FAMILY SUPPORT   Chapter 71  General Provisions (C)  Privileged communications.--Except for privileged communications between a lawyer and a client and between a minister and a penitent a privilege confidential communication between husband and wife or between any pressional person including but not limited to physicians psychologists counselors employees hospitals clinics day-care centers and schools and their patients or clients shall not constitute grounds for excluding evidence at any proceeding regarding child abuse or the cause. (E)  Counseling fund.--Except as hereinafter provided each report intention to adopt filed pursuant to section 2531 (relating to report intention to adopt) shall be accompanied by a filing fee in the amount $75 which shall be paid into a segregated fund established by the county The county may also make supplemental appropriations to the fund All costs counseling provided pursuant to subsection (c) or (d) to individuals who are unable to pay for such counseling shall be paid from the fund No filing fee may be exacted under this subsection with respect to the adoption a special needs child who would be eligible for adoption assistance pursuant to regulations promulgated by the Department Public Welfare In addition the court may reduce or waive the fee in cases demonstrated financial hardship § 5453  Recognition and enforcement § 5454  Appeals § 5455  Role prosecutor or public ficial 1305.  examination and tests for syphilis (Repealed) 1306.  Oral examination 1307.  Issuance license 1308.  Judicial review refusal to issue license. § 6109  Service orders § 6110  Emergency relief by minor judiciary § 6111  Domestic violence counselor/advocate § 6112  Disclosure addresses § 6113  Arrest for violation order. § 5105  Fingerprinting children Notwithstanding the provisions 54 Pa.C.S § 702(b) (relating to change by order court) a child who is 12 years age or younger shall not be required to submit a set fingerprints for the purpose a name change under 54 Pa.C.S Ch 7 (relating to judicial change name) 23c5105v ( P. . (1)  Registration adoptive parent applicants who have been approved by agencies (2)  Accumulation and dissemination statistical information regarding all children registered with PACE (3)  Creation and administration a public information program designed to inform potential adoptive parents the need for adoptive homes for children registered. (Iii)  Any person identified in section 6344 with a current certification issued prior to the effective date this section shall be required to obtain the certifications required by this chapter within 60 months from the date the person's oldest certification or if the current certification is older than 60 months within one year the effective date this section (iv)  A person identified in section 6344 without a certification or who was previously not required to have a certification shall be required to obtain the certifications required by this chapter no later than December. (A)  General rule.--Notice required for the exercise jurisdiction when a person is outside this Commonwealth may be given in a manner prescribed by the laws this Commonwealth for service process or by the law the state in which the service is made Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective (b)  Pro service.--Pro service may be made in the manner prescribed by the laws this Commonwealth or by the law the state in which the service. § 2721  Notice hearing The court shall fix a time and place for hearing Notice the hearing shall be given to all persons whose consents are required and to such other persons as the court shall direct Notice to the parent or parents the adoptee if required may be given by the intermediary or someone acting on his behalf Notice shall be by personal service or by registered mail to the last known address the person to be notified or in such other manner as the court shall direct (4)  Physically or sexually abusing minor children including such terms as defined in Chapter 63 (relating to child protective services) (5)  Knowingly engaging in a course conduct or repeatedly committing acts toward another person including following the person without proper authority under circumstances which place the person in reasonable fear bodily injury The definition this paragraph applies only to proceedings commenced under this title and is inapplicable to any criminal prosecutions commenced under Title 18 (relating to crimes and fenses) § 6113.1 Private criminal complaints for violation order or agreement § 6114  Contempt for violation order or agreement (10) “Judgment creditor” means a person in whose favor a money judgment was rendered or any person succeeding to such rights (11) “Judgment debtor” means a person against whom a money judgment was rendered (12) “Levying ficer” means a state marshal or constable acting within such marshal's or constable's geographical jurisdiction or in IV-D cases any investigator employed by the Commissioner Social Services. (A)  Certifying proceedings to court.--If the issuance a license is refused upon request the applicants the proceedings shall immediately be certified to the court without formality or expense to the applicants (b)  Prompt hearing.--The application for a license shall be heard by a judge the court without a jury in court or in chambers at the earliest possible time 2013 Amendment  Act 107 added subsec (o) See section 6 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 Act 126 provided that the Department Public Welfare may promulgate rules and regulations to administer and enforce the amendment section 6375 effected by Act 126 1999 Amendment  Act 50 added subsec (m)   Subchapter B  General Provisions   § 5611  Designation (I)  Obligations custodial parent.--The custodial parent shall comply with the insurer's existing claim procedures and present to the insurer one the following documents: (1)  a copy a court order as defined in subsection (l); or (2)  a release signed by the insured permitting the insurer to communicate directly with the custodial parent (5)  Enforce orders by civil or criminal contempt or both (6)  Set aside property for satisfaction the support order (7)  Place liens and order execution on the obligor's property (8)  Order an obligor to keep the tribunal informed the obligor's current residential address telephone number employer address employment and telephone number at place employment Effective Date  Section 17 provided that notwithstanding section 4 the amendment subsecs (a) and (b) shall take effect Decem References in Text  The short title the act J P. known as the Public Welfare Code referred to in subsection (a) was amended by the act Decem P. The amended short title is now the Human Services Code. To the extent permitted by section 102 the Electronic Signatures in Global and National Commerce Act (Public Law 106-229 15 U.S.C § 7002) this chapter may supersede provisions that act 23c5321h     CHAPTER 53 (X)  corrections records (4)  Issue subpoenas for the records public utilities and cable television companies with respect to individuals who are owed support or against whom or with respect to whom a support obligation is sought consisting the names and addresses the individuals or their employers (5)  Issue subpoenas for the records held by financial institutions with respect to individuals who are owed support or against whom or with respect to whom a support obligation is sought 18 Pa.C.S § 2705 (relating to recklessly endangering another person); 18 Pa.C.S § 2709 (relating to harassment); 18 Pa.C.S § 2709.1 (relating to stalking); 18 Pa.C.S § 2901 (relating to kidnapping); (2)  Recognition and enforcement a support order or support agreement In the proceeding sections 77A06 (relating to registration convention support order) 77A07 (relating to contest registered convention support order) 77A08 (relating to recognition and enforcement registered convention support order) 77A09 (relating to partial enforcement) 77A10 (relating to foreign support agreement) 77A11 (relating to modification convention child support order) 77A12 (relating to personal information) and 77A13 (relating to record in original language) apply (E)  Approval without hearing.--Approval the designation without a hearing is permitted when the designator is the sole surviving parent when the parental rights any noncustodial parent have been terminated or relinquished or when all parties consent to entry the approval order (f)  Hearing.--In the event a hearing is required it shall be conducted in accordance with the proceedings set forth in Chapters 53 (relating to custody). (A)  Jurisdiction.--Except as otherwise provided under section 77A11 (relating to modification convention child support order) if a foreign country lacks or refuses to exercise jurisdiction to modify a child support order issued by the foreign country under the foreign country's laws a tribunal this State may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction the tribunal whether the consent to modification a child support order otherwise required the individual under section 7611 (relating to modification child support order another state) has been given or whether the individual seeking modification is a resident this State or a foreign country 2916  Attorney records   Enactment  Subchapter B was added Octo P. effective in 180 days Cross References  Subchapter B is referred to in sections 2503 2504 2511. 5482.  severability 23c5481s § 5481  Application and construction In applying and construing this chapter consideration must be given to the need to promote uniformity the law with respect to its subject matter among states that. § 5338  Modification existing order § 5339  Award counsel fees costs and expenses Cross References  Section 6303 is referred to in sections 2511 5701 6340 6368 6502 this title; sections 4306 4958 Title 18 (Crimes and fenses); sections 62A05 6302 6336.1 Title 42 (Judiciary and Judicial Procedure); section 4109 Title 51 (Military Affairs); section 1905 Title 75 (Vehicles) 23c6304s § 6304  Exclusions from.     SUBCHAPTER A GENERAL PROVISIONS   Sec. (2)  If the petition alleges that a nondesignating parent cannot be located that parent shall be notified in accordance with the notice provisions the Pennsylvania Rules Civil Procedure in Custody Matters No notice is necessary to a parent whose parental rights have previously been terminated or relinquished (c)  Jurisdiction.--For purposes determining jurisdiction under this chapter the provisions Chapter 54 (relating to uniform child custody jurisdiction and enforcement). (B.3)  Payment.--A support enforcement agency this State shall request a tribunal this State to issue a child support order and an income order that redirect payment current support arrears and interest if requested to do so by a support enforcement agency another state under section 7319 (relating to receipt and disbursement payments) (c)  Fiduciaries.--This part does not create or negate a relationship attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency § 4364  Credit to plaintiff who purchases property (a)  General rule.--If the plaintiff spouse becomes the purchaser at the execution sale the plaintiff shall be entitled to a credit on the purchase price there for the sum money found by the court to represent the plaintiff's share in the property and also for the sums money due the plaintiff from the defendant under the order support upon which the execution was issued at the time the sale together with interest on the sums due the plaintiff for support from the time the respective sums become due (5)  the amount periodic payments arrearages and interest on arrearages stated as sums certain (d)  Compliance with law obligor's place employment.--An employer shall comply with the law the state the obligor's principal place employment for from income with respect to: (1)  the employer's fee for processing an income- order; 2018 Amendment  Act 10 amended subsec (c)(4) 2014 Amendments  Act 45 amended subsec (a)(1) and Act 153 amended subsec (a)(2) 2013 Amendment  Act 117 added section 6338.1 Cross References  Section 6338.1 is referred to in section 6341. (1)  the court may direct that the payment the fees or a portion there may be paid by a court ordered schedule payments extending beyond the date the involuntary termination hearing; and (2)  the fee shall not exceed $150 23c2313v (J P. eff 60 days; P. eff. (Vii)  Number and characteristics foster children best suited to the foster family (viii)  Ability the applicant to work in partnership with a foster family care agency This subparagraph shall not be construed to preclude an applicant from advocating on the part a child (3)  (Deleted by amendment) (4)  (Deleted by amendment). § 6111  Domestic violence counselor/advocate § 6112  Disclosure addresses § 6113  Arrest for violation order (2)  the child custody determination for which enforcement is sought was registered and confirmed under section 5444 (relating to temporary visitation) but has been vacated stayed or modified by a court a state having jurisdiction to do so under Subchapter B 23c5448v   Cross References.  Section 5448 is referred to in section 5451.     SUBCHAPTER C DECREE TERMINATION   (B)  Continuing course action.--If a person's willful failure under subsection (a) continues while the person knows or has reasonable cause to believe the child is actively being subjected to child abuse the person commits a misdemeanor the first degree except that if the child abuse constitutes a felony the first degree or higher the person commits a felony the third degree Sec 52-384 Scire facias against garnishee who has left state If after demand made as provided in section 52-383 a writ scire facias is issued against such garnishee and he still remains without this state service such writ shall be made in such manner as the judge or clerk the court rendering judgment in the original suit by a written order thereon by him subscribed directs and by leaving with his agent or attorney if any has been appointed by him in the manner provided in section 52-383 a true and attested copy the writ; and process so issued and served shall be as effectual against such garnishee as if served upon him personally (1949. (1)  Within 60 days receipt 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 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 (F)  Pro insurance.--Within 30 days after the entry an order requiring a parent to provide health care coverage for a child or after any change in health care coverage due to a change in the parent's employment the obligated parent shall submit to the other parent or person having custody the child written pro that health care coverage has been obtained or that application for coverage has been made Pro coverage shall consist at a minimum: (1)  The name the health care coverage provider. (Nov 9 2006 P. eff 180 days; July 3 2008 P. eff 180 days)   2008 Amendment  Act 33 amended subsecs (a) and (b)(2)(ii) 2006 Amendment  Act 146 added section 6343.1   References in Text  The short title the act J P. known as the Public Welfare Code referred to in subsection (b) was amended by the act Decem P. The amended short title is now the Human Services Code 23c4604s § 4604  Property liable for expenses. § 2714  When consent parent not required Consent a parent to adoption shall not be required if a decree termination with regard to such parent has been entered When parental rights have not previously been terminated the court may find that consent a parent the adoptee is not required if after notice and hearing as prescribed in section 2513 (relating to hearing) the court finds that grounds exist for involuntary termination under section 2511 (relating to grounds for involuntary termination) A health care provider at a hospital who intentionally or knowingly fails to report the acceptance by a hospital a newborn as required by this chapter commits a summary fense A second or subsequent failure to report such acceptance is a misdemeanor the third degree 23c6506v   Cross References.  Section 6506 is referred to in section 6507. § 4396  Penalties   Chapter 45  Reciprocal Enforcement Support Orders (Repealed)   "respondent."  A person against whom a proceeding has been commenced for enforcement an order for return a child under the Hague Convention on the Civil Aspects International Child Abduction or enforcement a child custody determination 23c5442s § 5442  Enforcement under Hague Convention. (A)  Mandatory registration.--PACE shall register and be responsible for the review and referral children for whom parental rights have been terminated for 90 days and for whom no report intention to adopt has been filed in the court common pleas If an obligor's employer receives multiple income- orders with respect to the earnings the same obligor the employer satisfies the terms the multiple orders if the employer complies with the law the state the obligor's principal place employment to establish the priorities for and allocating income withheld for multiple child-support obligees ( P. . (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 service until they are no longer assessed as being at high risk for abuse or neglect "education enterprise."  An educational activity in this Commonwealth: (1)  for which college credits or continuing education units are awarded continuing pressional education is fered or tuition or fees are charged or collected; and (2)  Require cooperation in accordance with the following: (i)  Subject to Federal approval only when necessary cooperation shall include but not be limited to taking the following actions: (A)  Identifying the parents any child for whom assistance is sought or received including appearing for scheduled genetic testing with the child and submitting to such testing (D)  Search databases.--If feasible before issuing a warrant and before determining the placement the child after the warrant is executed the court may order a search the relevant databases the National Crime Information Center system and similar state databases to determine if either the petitioner or respondent has a history domestic violence stalking or child abuse or neglect (e)  Service.--The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody (A)  General rule.--If satisfied that the statements made in the petition are true that the needs and welfare the person proposed to be adopted will be promoted by the adoption and that all requirements this part have been met the court shall enter a decree so finding and directing that the person proposed to be adopted shall have all the rights a child and heir the adopting parent or parents and shall be subject to the duties a child to him or them (b)  Withdrawal or dismissal petition.--In any case in which the petition is withdrawn or dismissed the court shall enter an appropriate order in regard to the custody. § 6344.1 Information relating to certified or licensed child-care home residents § 6344.2 Volunteers having contact with children (A.1)  Annual fee.--The Commonwealth shall impose a fee $25 in each case in which an individual has never received assistance under Title IV-A the Social Security Act (49 Stat 620 42 U.S.C § 301 et seq.) and for whom the Commonwealth has collected at least $500 support in a Federal fiscal year The Commonwealth shall pay the $25 fee for those cases in which the annual collection is between $500 and $1, The $25 fee shall be collected from the custodial parent in cases where annual collections equal $2,000. (B.3)  Volunteer certification prohibition.--An employer administrator supervisor or other person responsible for employment decisions is prohibited from accepting a certification that was obtained for volunteering purposes under section 6344.2 (relating to volunteers having contact with children) (c)  Grounds for denying employment or participation in program activity or service.--   2005 Amendment.  Act 66 added section 6108.5 23c6109s § 6109  Service orders. (1)  The Pennsylvania State Police shall establish a Statewide registry protection orders and shall maintain a complete and systematic record and index all valid temporary and final court orders protection court-approved consent agreements and a foreign protection order filed pursuant to section 6104(d) (relating to full faith and credit and foreign protection orders) The Statewide registry shall include but need not be limited to the following: (i)  The names the plaintiff and any protected parties. Chapter 25  Proceedings Prior to Petition to Adopt   Subchapter A  Voluntary Relinquishment   § 8202  Recognition support orders (a)  Principles.--If a proceeding is brought under this part and more than one support order has been issued in this Commonwealth with regard to the same obligation a tribunal shall apply the following rules in determining which order to recognize for purposes continuing exclusive jurisdiction: (1)  Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services (2)  Issue and send to the obligor's employer a conforming income- order or an administrative notice change payee reflecting the redirected payments (A)  Jurisdiction.--The courts shall have original jurisdiction in cases divorce and for the void or voidable s and shall determine in conjunction with any decree granting a divorce or the following matters if raised in the pleadings and issue appropriate decrees or orders with reference thereto and may retain continuing jurisdiction there: When and how may contact. "overdue support."  Support which is delinquent under a payment schedule established by the court "Past due support."  Support included in an order support which has not been paid "State disbursement unit."  The organizational unit established within the Department Public Welfare responsible for collecting and disbursing support as provided in section 4374 (relating to State disbursement unit) (1)  The schedule for personal care and control the child including parenting time holidays and vacations (2)  The education and religious involvement if any the child (3)  The health care the child (4)  Child-care arrangements. Cross References  Section 7308 is referred to in section 7101.1 this title 23c7309s § 7309  Private counsel An individual may employ private counsel to represent the individual in proceedings authorized by. (8)  The number the driver's license (9)  Any further information that may be assistance in locating the person or enforcing support (2)  where the relationship with the child began either with the consent a parent the child or under a court order and where the parents the child: (i)  have commenced a proceeding for custody; and (ii)  do not agree as to whether the grandparents or great-grandparents should have custody under this section; or (D)  Form.--The Pennsylvania State Police shall develop and make available a form to be used by dealers to accept possession firearms other weapons and ammunition for consignment sale lawful transfer or safekeeping pursuant to this section   Subchapter B  Parties   § 2311  Who may be adopted Subject to additional definitions contained in subsequent provisions this part which are applicable to specific provisions this part 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: "Child."  An individual whether over or under the age majority who is or is alleged to be owed a duty support by the individual's parent or who is or is alleged to be the beneficiary a support order directed to the parent § 5406  Effect child custody determination § 5407  Priority § 5408  Notice to persons outside Commonwealth This action might not be possible to undo Are you sure you want to continue?CANCELOK § 77A13  Record in original language   Chapter 78  Interstate Rendition   (B)  Contents.--The application shall contain the following: (1)  The full name the applicants (2)  The occupation birthplace residence and age the applicants An applicant intending to marry who is a program participant in the Address Confidentiality Program under Chapter 67 (relating to domestic and sexual violence victim address confidentiality) may use the substitute address designated by the fice Victim Advocate pursuant to Chapter 67 as the address their residence (C)  Child deaths and near fatalities.--A county agency shall immediately provide information to the department regarding its involvement with the child and with the child's parent guardian or custodian when a child dies or nearly dies and child abuse is suspected The county agency shall inform the department any history child protective or general protective services provided to the child prior to the child's death or near fatality and services provided to other children the child's parent guardian or custodian by the county agency or by court order The county agency shall inform the department if the child was in the agency's custody at the time the child's death or near fatality The county agency shall provide this information in writing on forms provided by the department within 48 hours the oral report (1)  Policies procedures and practices State and local agencies and where appropriate specific cases to evaluate the extent to which State and local child protective services system agencies are effectively discharging their child protection responsibilities under section 106(b) the Child Abuse Prevention and Treatment Act (Public Law 93-247 42 U.S.C § 5106a(b)) (2)  Other criteria the panel considers important to ensure the protection children including: § 7319  Receipt and disbursement payments   Chapter 74  Establishment Support Order or Determination Parentage   § 5602  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: "Alternate."  A person with all the rights responsibilities and qualifications a standby guardian who shall become a standby guardian only in the event that the currently designated standby guardian is unable or refuses to fulfill his obligation (C)  Validity consent.--No consent shall be valid if it was executed prior to or within 72 hours after the birth the child A putative father may execute a consent at any time after receiving notice the expected or actual birth the child Any consent given outside this Commonwealth shall be valid for purposes this section if it was given in accordance with the laws the jurisdiction where it was executed A consent to an adoption may only be revoked as set forth in this subsection The revocation a consent shall be in writing and shall be served upon the agency or adult to whom the child was relinquished The following apply: (4)  The amount overdue support owed by an obligor and the name the obligor shall be public information and shall be deemed a public record subject to the act J (P. ) referred to as the Right-to-Know Law (5)  A lien arising from overdue support: (i)  shall automatically attach to after-acquired property owned by the obligor; (C)  Faith and credit.--Except as otherwise provided in this chapter a tribunal this State shall recognize and enforce but may not modify a registered support order if the issuing tribunal had jurisdiction 23c7603v ( P. . President's Day (F)  Foreign currency.--If requested to enforce a support order arrears or judgment or modify a support order stated in a foreign currency a responding tribunal this State shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable ficial or market exchange rates as publicly reported 23c7305v ( P. eff Jan 1 1998; P. . § 7901  Uniformity application and construction In applying and construing this uniform part consideration must be given to the need to promote uniformity the law with respect to the law's subject matter among states which enact this uniform law 23c7901v ( P. . (1)  Except as otherwise provided in paragraph (3): (i)  For a consent to an adoption executed by a birth father or a putative father the consent is irrevocable more than 30 days after the birth the child or the execution the consent whichever occurs later (ii)  For a consent to an adoption executed by a birth mother the consent is irrevocable more than 30 days after the execution the consent Sec 52-382 Levy on nonresident garnishee Sec 52-383 Levy when garnishee has left the state Sec 52-384 Scire facias against garnishee who has left state Sec 52-385 Scire facias founded on justice judgment Sec 52-386 Stay execution when debt is not payable Sec 52-387 Scire facias; defense by assignee or claimant Sec 52-388 Commission to take disclosure garnishee Sec 52-389 Attachment lien on debt due from solvent estate Sec 52-390 Execution; demand for legacy or distributive share. (C)  Temporary signage.--An entity employing an emergency services provider accepting newborns under this chapter shall ensure its grounds or the grounds an entity otherwise providing access to an emergency services provider clearly indicate for a minimum 18 months that emergency services providers may accept newborns under section 6315(a) and 18 Pa.C.S § 4306 (relating to newborn protection) ( P. eff. (2)  The foster family care agency or adoption agency shall register all resource family applicants on the resource family registry in accordance with subsection (d.2) (3)  The foster family care agency or adoption agency shall register all resource families that are approved on the effective date this subsection within six months the effective date this subsection (9)  Issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any state and local computer systems for criminal warrants (10)  Order the obligor to seek appropriate employment by specified methods (11)  Award reasonable attorney fees and other fees. (A)  Departmental procedures.--The department shall establish procedures for the secure and confidential use electronic technologies to transmit information under this chapter including: (1)  the filing reports and other required records including those the county agency; and (2)  the verification records and signatures. 2015 Amendment  Act 15 added subsec (a)(18) 2014 Amendments  Act 29 amended subsecs (a)(9) (10) (12) and (13) (b) (c) and (d) and Act 153 amended subsecs (a)(9)(i) and (c) 2013 Amendment  Act 107 amended subsec (a)(5.1) See section 6 Act 107 in the appendix to this title for special provisions relating to applicability (1)  An order restraining the abuser from further acts abuse (2)  An order directing the abuser to leave your household (3)  An order preventing the abuser from entering your residence school business or place employment (4)  An order awarding you or the other parent temporary custody or temporary visitation with your child or children (Ii)  An immediate and present danger abuse In determining whether an immediate and present danger abuse exists the court shall consider a number factors including but not limited to: (A)  Whether the temporary order protection from abuse is not likely to achieve its purpose in the absence such a condition (B)  Whether the defendant has previously violated a protection from. (I)  (A)  a fine not less than $300 nor more than $1,000 and imprisonment up to six months; or (B)  a fine 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. (Ii)  The individual is not a person responsible for the child's welfare (iii)  The individual is volunteering for an event that occurs on school grounds (iv)  The event is sponsored by the school in which the individual is enrolled as a student (v)  The event is not for children who are in the care a child-care service. (2)  Where the parties to such are related within the degrees consanguinity prohibited by section 1304(e) (relating to restrictions on issuance license) (3)  Where either party to such was incapable consenting by reason insanity or serious mental disorder or otherwise lacked capacity to consent or did not intend to consent to the (4)  Where either party to a purported common-law was under 18. § 2909  Medical history information (Repealed) 23c2909v   2010 Repeal  Section 2909 was repealed Octo P. effective in. § 6507  Immunity Except for a violation section 6506 (relating to failure to report acceptance newborns) no emergency services provider entity that employs or otherwise provides access to an emergency services provider hospital health care provider at a hospital or police department police ficer or administrative or managerial personnel a police department shall be subject to civil liability or criminal penalty solely by reason complying with the provisions this chapter § 77A12  Personal information Personal information gathered or transmitted under this chapter may be used only for the purposes for which the information was gathered or transmitted 23c77A12v Cross References  Section 77A12 is referred to in section 77A05. (D)  Right to file personal and medical history information.--At the time the decree termination is transmitted to the parent the court shall also advise in writing the parent whose rights have been terminated his or her continuing right to place and update personal and medical history information whether or not the medical condition is in existence or discoverable at the time adoption on file with the court and with the Department Public Welfare pursuant to  Subchapter B Chapter 29 (relating to records and access to information) § 6364  Purchasing services other agencies § 6365  Services for prevention investigation and treatment. § 5424  Temporary emergency jurisdiction § 5425  Notice; opportunity to be heard; joinder § 5426  Simultaneous proceedings (C)  Authority for test.--In any matter subject to this section in which paternity parentage or identity a child is a relevant fact the court upon its own initiative or upon suggestion made by or on behalf any person whose blood is involved may or upon motion any party to the action made at a time so as not to delay the proceedings unduly shall order the mother child and alleged father to submit to blood tests If any party refuses to submit to the tests the court may resolve the question paternity parentage or identity a child against the party or enforce its order if the rights others and the interests justice so require (V)  The adult family member who is a person responsible for the child's welfare and is providing services to a child in a family living home a community home for individuals with an intellectual disability or a host home which is subject to supervision or licensure by the department under Articles IX and X the Public Welfare Code (2)  Within six months the effective date this subsection operators and caregivers shall receive three hours training prior to the issuance a license or approval certificate and three hours training every five years thereafter § 4104  Right married person to separate earnings Except as otherwise provided in this title the separate earnings any married person this Commonwealth whether these earnings are wages for labor salary property business or otherwise shall accrue to and enure to the separate benefit and use that married person independently the other spouse and so as not to be subject to any legal claim the other spouse However in any action in which the ownership such property is in dispute the person claiming such property shall be compelled in the first instance to show title and ownership in the property § 7306  Inappropriate tribunal If a petition or comparable pleading is received by an inappropriate tribunal this State it shall forward the pleading and accompanying documents to an appropriate tribunal in this State or another state and notify the petitioner where and when the pleading was sent 23c7306v ( P. . (Iii)  the birth sibling was not adopted out the birth family and did not remain in the custody the birth parent (b)  Who may be the subject a request for information.--An individual enumerated under subsection (a) may request nonidentifying or identifying information regarding or contact with the following individuals: (1)  An adoptee who is 21 years age. § 2513  Hearing (a)  Time.--The court shall fix a time for hearing on a petition filed under section 2512 (relating to petition for involuntary termination) which shall be not less than ten days after filing the petition (A)  General rule.--A court this Commonwealth shall recognize and enforce a child custody determination a court another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards this chapter and the determination has not been modified in accordance with this chapter (B)  Procedures.-- (1)  Upon application for assistance each applicant or recipient shall be notified that his or her cooperation in the matters set forth in section 4379 shall be required as a condition eligibility and that failure to cooperate will result in the termination medical assistance and the reduction the cash assistance allowance in an amount equal to not less than 25% and may if provided by departmental regulation result in the imposition protective payments for any child in whose behalf the applicant or recipient seeks assistance (1)  At the request the department provide information prescribed by the department regarding a person's wages income telephone numbers addresses Social Security numbers and date birth employer names addresses and telephone numbers "child."  An individual whether over or under the age majority who is or is alleged to be owed a duty support by the individual's parent or who is or is alleged to be the beneficiary a support order directed to the parent "Child support order."  A support order for a child including a child who has attained the age majority "Department."  The Department Public Welfare the Commonwealth (F)  Types services.--Each county agency shall make available for the prevention and treatment 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--home placement services therapeutic activities for the child and family directed at alleviating conditions that present a risk to the safety and well-being a child and any other services required by department regulations § 6317  Mandatory reporting and postmortem investigation deaths § 6318  Immunity from liability § 6319  Penalties ( P. eff 60 days)   2016 Amendment  Act 24 added subsec (g) Cross References  Section 3302 is referred to in section 3301.   Sec 1501  Form certificates 1502  Forms where parties perform ceremony 1503  Persons qualified to solemnize s. (B)  Implementation Title IV-D requirements.--The department shall construe and implement this subchapter in order to comply with Title IV-D the Social Security Act (49 Stat 620 42 U.S.C § 301 et seq.) The department shall take all steps necessary to implement a federally approved State plan for child support The department may issue regulations and orders necessary to implement a federally approved State plan for child support The department may issue interim regulations if Federal law or regulations supersede existing statutes regulations or. Cited 12 CS 157 (Return to ChapterTable Contents) (Return toList Chapters) (Return toList Titles) Sec 52-398 Scope inquiry; debtor not excused from answering The debtor shall not be excused from answering any question on the ground that his answer might tend to convict him fraud or show that he has been party to any fraudulent or illegal conveyance but his answers shall not be used against him in any criminal proceeding except in a prosecution for perjury (1949 Rev S 8142.) Cited. If I am the birth mother the child I understand that this consent to an adoption is irrevocable unless I revoke it within 30 days after executing it by delivering a written revocation to (insert the name and address the agency coordinating the adoption) or (insert the name and address an attorney who represents the individual relinquishing parental rights or prospective adoptive parent the child) or (insert the court the county in which the voluntary relinquishment form was or will be filed) I have read and understand the above and I am signing it as a free and voluntary act. ( P. eff imd.; Dec 4 1992 P. eff 90 days; P. eff 60 days; P. eff Jan 1 1998; P. eff imd.; July 1 2016 P. eff 60 days)   2016 Amendment  Act 64 amended subsec (j) See Sec 46b-69a re executions and earning assignments available in actions for dissolution and legal separation Amount execution against pension benefits to be calculated under this section rather than Sec 52-361 where it is for family support; court included this section with Sec 52-361 by implication in exemption exception referenced in Sec 52-352c(d) 178 C 675 Cited 240 C 623 Cited 28 CA 794; 33 CA 395 Payments from pension trust fund are susceptible to wage execution under section and notification to trustees such action is not required and therefore trustees need not be made parties 37 CS 566 Cited Id 840 Subsec (b): (I)  Whether the child abuse report is indicated founded or unfounded (ii)  Any services provided arranged for or to be provided by the county agency to protect the child (13)  School administrators and child-care service employers as provided under this paragraph The following. (1)  Effective Decem: (i)  Except as provided in subparagraph (v) a person identified in section 6344 (relating to employees having contact with children; adoptive and foster parents) shall be required to obtain the certifications required by this chapter every 60 months (ii)  School employees identified in section 6344(a.1)(1) shall be required to obtain reports under section 111 the act Ma (P. ) known as the Public School Code 1949 and under section 6344(b)(2) every 60 months (3)  The identity the public or private agency under contract with a county agency to provide services to the child and the child's family in the child's home prior to the child's death or near fatality (4)  A description services provided under paragraph (3). (I)  The amount arrears owed if applicable (ii)  How when and where the notice can be contested (iii)  That the grounds for contesting the notice shall be limited to mistakes fact Mistakes fact shall be limited to errors in the amount arrears owed or mistaken identity the obligor (Iii)  The exemption under subparagraph (ii)(B) shall not apply to students who are enrolled in a secondary school (a.2)  Minors.--An individual between 14 and 17 years age who applies for or holds a paid position as an employee who is a person responsible for the child's welfare or a person with direct contact with children through a program activity or service prior to the commencement employment or under section 6344.4 (relating to recertification) shall be required to submit only the information under subsection (b)(1) and (2) to an employer administrator supervisor or other person responsible for employment decisions if the following apply: (3)  Establishment a support order if there is no existing order including if necessary determination parentage a child (4)  Establishment a support order if recognition a foreign support order is refused under section 77A08(b)(2) (4) or (9) (relating to recognition and enforcement registered convention support order) (5)  Modification a support order a tribunal. (2)  grant a tribunal this State jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this part 23c7104v ( P. eff imd.)   2015 Amendment  Act 94 added section 7104 Legal Custody (who makes decisions about certain things): Circle one Diet Both parties decide together / Plaintiff / Defendant (J P. eff 60 days; P. eff 60 days; P. eff 60 days)   2004 Amendment  Act 21 amended subsec (b)(6) Section 2 Act 21 provided that the amendment subsec (b)(6) shall apply to adoptions which are initiated on or after the effective date section 2 (7)  General protective services reports that have been determined to be valid (8)  Reports alleging the need for general protective services that have been determined invalid and are awaiting expunction (9)  A family case record for all reports accepted for investigation assessment or services. (A)  rape as defined in 18 Pa.C.S § 3121 (relating to rape); (B)  involuntary deviate sexual intercourse as defined in 18 Pa.C.S § 3123 (relating to involuntary deviate sexual intercourse); (C)  sexual assault as defined in 18 Pa.C.S § 3124.1 (relating to sexual assault); Cross References  Chapter 75 is referred to in sections 4348 7105 7210 7613 77A02 this title 23c7501s § 7501  Employer's receipt income- order another state. 1994 Amendment  Section 10 Act 151 provided that the amendment subsec (a) shall take effect July 1 1996 and the remainder the section shall take effect July 1 1995 References in Text  The short title the act J P. known as the Public Welfare Code referred to in subsections (b) and (c) was amended by the act Decem P. The amended short title is now the Human Services Code. (D)  Expenses.--If a party to a child custody proceeding who is outside this Commonwealth is directed to appear under subsection (b) or desires to appear personally before the court with or without the child the court may require another party to pay reasonable and necessary travel and other expenses the party so appearing and the child 23c5441h     2015 Amendment  Act 15 amended subsec (a) 23c6501h     CHAPTER 65 (M) The provisions this section shall be in addition to and not in lieu any other remedy available at law to enforce or punish for failure to obey a support order (n) When a support order is issued in another state and the obligor has income subject to derived in this state such income shall be subject to in accordance with the provisions this section upon registration the support order in accordance with subdivision (1) this subsection or as provided in subdivision (2) this subsection (1) An income order issued in another state and registered in this state shall be subject to the procedures for registration choice law notice to the nonregistering party contest and confirmation such order in sections 46b-370 to 46b-380 inclusive. (Ii)  A signed witnessed statement subject to 18 Pa.C.S § 4904 by the birth father acknowledging his paternity (iii)  A written explanation the parental duties and parental rights which arise from signing such a statement (iv)  The Social Security numbers and addresses both birth parents. (6)  the nature and location the evidence required to resolve the pending litigation including testimony the child; (7)  the ability the court each state to decide the issue expeditiously and the procedures necessary to present the evidence; and (8)  the familiarity the court each state with the facts and issues in the pending litigation (14)  The history drug or alcohol abuse a party or member a party's household (15)  The mental and physical condition a party or member a party's household (16)  Any other relevant factor (b)  Gender neutral.--In making a determination under subsection (a) no party shall receive preference based upon gender in any award granted under this chapter (B)  Keeping scheduled appointments with the department or domestic relations section (C)  Providing truthful and accurate information and documents requested by the department or domestic relations section (D)  Signing and returning any forms requested by the department or domestic relations section      he/she died on (insert date death)      His/her parental rights were terminated or      relinquished on (insert date termination or      relinquishment). "independent contractor."  An individual who provides a program activity or service to an agency institution organization or other entity including a school or regularly established religious organization that is responsible for the care supervision guidance or control children The term does not apply to administrative or other support personnel unless the administrative or other support personnel have direct contact with children "Indicated report." (Ii)  The name and address the defendant (iii)  The relationship between the plaintiff and defendant (iv)  The date the order was entered (v)  The date the order expires. (C)  Restatement culpability.--Conduct that causes injury or harm to a child or creates a risk injury or harm to a child shall not be considered child abuse if there is no evidence that the person acted intentionally knowingly or recklessly when causing the injury or harm to the child or creating a risk injury or harm to the child (d)  Child abuse exclusions.--The term "child abuse" does not include any conduct for which an exclusion is provided in section 6304 (relating to exclusions from. § 7304  Duties initiating tribunal (a)  Copies petition.--Upon the filing a petition authorized by this part an initiating tribunal this State shall forward three copies the petition and its accompanying documents: (1)  to the responding tribunal or appropriate support enforcement agency in the responding state; or Cross References  Section 2511 is referred to in sections 2513 2714 this title; section 6302 Title 42 (Judiciary and Judicial Procedure) 23c2512s § 2512  Petition for involuntary termination (a)  Who may file.--A petition to terminate parental rights with respect to a child under the age 18 years may be filed by any the following: (Vi)  The relief granted under sections 6108(a)(1) (2) (4) (6) and (7) (relating to relief) and 6110(a) (relating to emergency relief by minor judiciary) (vii)  The judicial district in which the order was entered (viii)  Where furnished the Social Security number and date birth the defendant. 5613.  authority standby guardian 5614.  Revocation 5615.  Conflicting documents 5616.  Bond. § 6102  Definitions § 6103  Jurisdiction § 6104  Full faith and credit and foreign protection orders § 5331  Parenting plan (a)  Purpose.--In a contested custody proceeding the court may require the parties to submit parenting plans for the care and custody the child to aid the court in resolving the custody dispute A parenting plan and the position a party as set forth in that parenting plan shall not be admissible as evidence by another party (b)  Contents.--A parenting plan shall include the following: (D.6)  Immunity.--The court the domestic relations section the Department Public Welfare the Department Transportation the Pennsylvania Game Commission the Pennsylvania Fish and Boat Commission or any employee any these entities or any person appointed by the Pennsylvania Game Commission or the Pennsylvania Fish and Boat Commission to issue licenses and permits pursuant to the applicable provisions 30 Pa.C.S (relating to fish) and 34 Pa.C.S (relating to game) shall not be subject to civil or criminal liability for carrying out their duties under this section (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 the department in the course ficial duties in connection with the responsibilities 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 complaints received). (1)  be retained by the department to the extent necessary to reimburse the Commonwealth for foster care maintenance payments made with respect to the child during such period with appropriate reimbursement to the Federal Government to the extent its financial participation; (I)  first pay to the family up to the amount arrearages that accrued before the family began to receive cash assistance from the Commonwealth; (II)  second treat the balance as reimbursement assistance in an amount not to exceed the total amount unreimbursed cash assistance paid to the family and: (a)  pay an amount equal to the Federal share the reimbursed amount to the Federal Government; and (G)  Waiver fees for certain background certifications.--The fees for certifications required under section 6344(b)(1) and (2) which a volunteer is required to submit under this section shall be waived and the certifications shall be provided free charge to the volunteer under the following conditions: (1)  The background certifications are necessary to comply with the requirements subsection (b) Sec 52-380g Release judgment lien on satisfaction judgment On satisfaction a judgment the judgment creditor shall release any judgment liens record based thereon by sending a release sufficient under section 52-380d by first class mail postage prepaid to the judgment debtor and to any other interested person requesting a release If on the written request any interested person the judgment creditor fails within ten days to so release a lien the judgment creditor shall be liable to the aggrieved person pursuant to section 49-51 for any damages resulting therefrom such damages not to exceed one-half the amount the lien (P.A 83-581. (D) A judgment lien certificate under this section shall be recorded and indexed in the same manner as financing statements filed with the fice the Secretary the State pursuant to title 42a On filing the Secretary the State shall provide information as to and copies any such judgment lien certificate or any release there in the same manner that information and copies are provided with respect to a financing statement The Secretary the State shall charge the same fees for filing for inspection for release and for information relating to or copies such a judgment lien certificate as are charged with respect to a financing statement and may destroy records lapsed liens and releases there in the same manner as if such judgment lien certificate was a financing statement (P.A 83-581 S 8 40; P.A 84-527 S 6; P.A 01-132 S 174; P.A 03-62. § 3105  Effect agreement between parties (a)  Enforcement.--A party to an agreement regarding matters within the jurisdiction 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 the court except as provided to the contrary in the agreement   2018 Amendment  Act 21 added pars (4) and (5) Section 3 Act 21 provided that the addition pars (4) and (5) shall apply to all custody proceedings irrespective whether the proceeding was commenced before on or after the effective date section 3 Cross References  Section 5324 is referred to in sections 5323 5325 5326. 2017 Amendment  Act 68 added the def "emergency services provider." 2014 Amendment  Act 91 amended the def "health care provider" and added the defs "police department," "police ficer" and "police station." References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services. (2)  The consent shall include the date and place its execution and names and addresses and signatures at least two persons who witnessed its execution and their relationship to the consenter 23c2711v (J P. eff 60 days; P. eff 60 days; P. eff 60 days; P. eff 60 days)   6377  Caseloads 6378  Purchase services 23c6361s § 6361  Organization for child protective services. ( P. eff 60 days) 23c2702s § 2702  Exhibits The petition shall have attached to it the following exhibits: (1)  The consent or consents required by section 2711 (relating to consents necessary to adoption) "responding state."  A state in which a petition or comparable pleading for support or to determine parentage a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or foreign country "Responding tribunal."  The authorized tribunal in a responding state or foreign country "Secretary."  The Secretary Human Services the Commonwealth (A)  General rule.--When a report suspected child abuse is determined by the appropriate county agency to be an unfounded report the information concerning that report suspected child abuse shall be maintained for a period one year Following the expiration one year after the date the report was received by the department the report shall be expunged from the Statewide database as soon as possible but no later than 120 days after the one-year period following the date the report was received by the department and no information other than that authorized by subsection (b) which shall not include any identifying information on any subject the report shall be retained by the department The expunction shall be mandated and guaranteed by the department (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 the proceedings in that court and the date the decree The clerk shall issue to the parent a certificate adoption as defined in section 2907 (relating to certificate adoption) The clerk shall also send documentation to the Department Health No hearing shall be required prior to the issuance the certificate adoption and the parent shall not be required to obtain counsel (3)  A legal guardian an adoptee who is under 18 years age or adjudicated incapacitated (4)  A descendant a deceased adoptee (5)  A birth parent an adoptee who is 21 years age or older (6)  A parent a birth parent an adoptee who is 21 years age or older if the birth parent consents is adjudicated incapacitated or is deceased (B)  Applicable law.--A tribunal this State exercising jurisdiction under this section shall apply the provisions Chapters 71 (relating to general provisions) and 72 (relating to jurisdiction) this Chapter and the procedural and substantive law this State to the proceeding for enforcement or modification Chapters 73 (relating to civil provisions general application) 74 (relating to establishment support order or determination parentage) 75 (relating to enforcement support order without registration) 77A (relating to support proceeding under convention) and 78 (relating to interstate rendition) do. (5)  Providing information that will permit State and local program administrators to be held accountable for the administration the programs mandated by this chapter 23c6384v   Cross References.  Section 6384 is referred to in section 6340. (2)  The individual has not been employed previously in this Commonwealth or another state the District Columbia or the Commonwealth Puerto Rico (3)  The individual swears or affirms in writing that the individual is not disqualified from service under subsection (c) or has not been convicted an fense similar in nature to the crimes listed under subsection (c) under the laws or former laws the United States or one its territories or possessions another state the District Columbia the Commonwealth Puerto Rico or a foreign nation or under a former law this Commonwealth § 6334  Disposition complaints received § 6334.1 Responsibility for investigation § 6335  Access to information in Statewide database (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 a prospective adoptive parent or parents if all 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 the. (D)  Civil action for discrimination against person filing report.--(Deleted by amendment) 23c6311v ( P. eff July 1 1995; P. eff 180 days; P. eff 60 days; P. eff ; P. eff ; P. eff ; P. eff ; July 1 2015 P. . (Ii)  file an authorization form (2)  If the subject the request cannot be located from information contained in the court records appoint an authorized representative to use reasonable efforts to locate the subject (3)  If nonidentifying information is provided by the subject the request provide the nonidentifying information to the requester (1)  Where the domestic relations section or the department has been unable to attach the income an obligor and the obligor owes support in an amount equal to or greater than three months the monthly support obligation or where an individual has failed after appropriate notice to comply with subpoenas or warrants relating to paternity or child support proceedings the court may issue an order directing the Pennsylvania Fish and Boat Commission to prohibit the issuance or renewal a recreational license the obligor or other individual or to require the suspension the recreational license the obligor or other individual (8)  An individual 18 years age or older who resides for at least 30 days in a calendar year in the following homes which are subject to supervision or licensure by the department under Articles IX and X the act J (P. ) known as the Public Welfare Code: (i)  A family living home (ii)  A community home for individuals with an intellectual disability. Cross References  Section 6341 is referred to in sections 6340 6368 6381 this title 23c6342s § 6342  Studies data in records. (1)  When an order attachment on income is about to be or has been entered an employer or ficer or employee there shall not use the attachment or possibility there as a basis in whole or in part for the refusal to employ or for the discharge an employee or for any disciplinary action against or demotion an employee In case a violation this subsection the employer or ficer or employee there may be adjudged in contempt and committed to jail or fined by. (1)  is named in the Statewide database as the perpetrator a founded report committed within the immediately preceding five-year period; or (2)  has been convicted an fense enumerated in section 6344(c) (d)  Regulations.--The department shall promulgate regulations to administer this section References in Text  The short title the act J P. known as the Public Welfare Code referred to in subsection (g) was amended by the act Decem P. The amended short title is now the Human Services Code Cross References  Section 4374 is referred to in section 4302. (1)  Request a tribunal outside this State to assist in obtaining discovery (2)  Upon request compel a person subject to its jurisdiction to respond to a discovery order issued by a tribunal outside this State 23c7318v ( P. eff imd.)   (4)  to transfer health coverage for any child to the health coverage the employer upon receipt a medical support notice under subsection (d.1) issued by the department or a domestic relations section within 20 business days after the date the notice; and (5)  to notify the domestic relations section whenever the insured parent's employment is terminated (1)  The Department Health shall prescribe a birth parent's name redaction request form The form shall include all the following: (i)  Information about the procedures and requirements for a birth parent to do either the following: (A)  Have the form placed in the adoption file the adoptee who is the birth child the birth parent so that the birth parent's name is redacted from the noncertified copy original birth record issued to the adoptee § 5409  Appearance and limited immunity § 5410  Communication between courts § 5411  Taking testimony in another state (2)  Group day-care homes (3)  Family child-care homes (4)  Foster homes (5)  Adoptive parents (6)  Boarding homes for children. § 6701  Short title chapter This chapter shall be known and may be cited as the Domestic and Sexual Violence Victim Address Confidentiality Act 23c6702s § 6702  Definitions. (1)  An adoptee who is at least 18 years age (2)  An adoptive parent an adoptee who is: (i)  under 18 years age; (ii)  adjudicated incapacitated and is 18 years age or older; or (iii)  deceased. § 4326  Mandatory inclusion child medical support § 4327  Postsecondary educational costs   Subchapter C  Proceedings Generally (H) If a levying ficer is in doubt as to whether certain property necessary to satisfy a judgment is exempt he may certify the question exemption to the court for a hearing and determination pursuant to this section (P.A 83-581 S 23 40; P.A 84-527 S 12; 84-546 S 114 173.) History: P.A 84-527 rephrased Subsecs (c) and (d); P.A 84-546 made technical change in Subsec (b) Cited 33 CA 395 (Return to ChapterTable Contents) (Return toList Chapters) (Return toList Titles) Sec 52-362 Income and unemployment compensation for support (a) For the purposes this section:   PART IX  MISCELLANEOUS PROVISIONS (Repealed)   Chapter 83  Legitimacy Children (Repealed)   3701.  alimony 3702.  Alimony pendente lite counsel fees and expenses 3703.  Enforcement arrearages 3704.  Payment support alimony and alimony pendente lite. Holidays Where will the child/children stay? (Ii)  the public body or public agency has been fully reimbursed for the expense the person's care or assistance or that all the person's estate has been expended for the reimbursement (2)  The cost the proceedings under this subsection shall be paid by the petitioner unless otherwise ordered by. § 2910  Penalty for unauthorized disclosure Any ficer or employee the court other than a judge there the Department Health the Department Public Welfare or any agency who willfully discloses impounded or otherwise confidential information relating to an adoption other than as expressly authorized and provided in this chapter commits a misdemeanor the third degree (7)  The perpetrator's right to a fair hearing on the merits on an appeal an indicated report filed pursuant to section 6341 (8)  The burden on the investigative agency to prove its case by substantial evidence in an appeal an indicated report Sec 52-350b Applicability (a) Sections 49-51 52-350a 52-350c to 52-350f inclusive 52-351a 52-351b 52-352a 52-352b 52-353 52-355a 52-356a to 52-356d inclusive 52-361a 52-361b 52-380a 52-380d to 52-380g inclusive and 52-400a to 52-400d inclusive as amended or enacted by sections 1 to 27 inclusive public act 83-581 apply to all postjudgment proceedings commenced on or after J Said sections do not invalidate or otherwise affect any lien property execution or wage execution outstanding on J A postjudgment proceeding commenced prior to J is governed by the law in effect when the proceeding was commenced. (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 report.--The report should contain the name and address the abused person information regarding the nature and extent the abuse and information which the reporter believes may be helpful to prevent further abuse (C)  Confidentiality.--The records furnished to the department under this section shall not be open to public inspection except as authorized by the regulations the Advisory Health Board (d)  Statistics.--The department shall from time to time compile and publish statistics derived from records furnished under this section 23c1301h   (F)  Effect test results.--If the court finds that the conclusions all the experts as disclosed by the evidence based upon the tests are that the alleged father is not the father the child the question paternity parentage or identity a child shall be resolved accordingly If the experts disagree in their findings or conclusions the question shall be submitted upon all the evidence (g)  Effect on presumption legitimacy.--The presumption legitimacy a child born during wedlock is overcome if the court finds that the conclusions all the experts as disclosed by the evidence based upon the tests show that the husband is not the father. 6369  Taking child into protective custody (Repealed) 6370  Voluntary or court-ordered services; findings child abuse 6371  Rehabilitative services for child and family 6372  Protecting well-being children maintained outside home. (C)  Whether past or present abuse to the plaintiff or any the plaintiff's minor children resulted in injury (D)  Whether the abuse occurred in public (E)  Whether the abuse includes: (I)  threats abuse or suicide; (A)  Prepetition.--Prior to a petition being filed under section 5612 (relating to petition for approval a designation) the designator may revoke a standby guardianship by simple destruction the designation and notification the revocation to the standby guardian (b)  Postpetition.--After a petition has been filed the designator may revoke a standby guardianship by: (1)  executing a written revocation; § 6371  Rehabilitative services for child and family § 6372  Protecting well-being children maintained outside home (1)  The basis upon which the tribunal made its determination (2)  The amount prospective support if any (3)  The total amount consolidated arrears and accrued interest if any under all the orders after all payments made are credited under section 7209 (relating to credit for payments) (1)  Except as provided in paragraph (2) the sheriff the county (2)  In a city the first class the chief or head the police department. (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 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 case records to another agency The plan shall be subject to approval by the department   References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services by Act 132 2014 23c4603s § 4603  Relatives' liability; procedure. (Iv)  An individual 14 years age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse (2)  Nothing in this section shall require a child to come before the mandated reporter in order for the mandated reporter to make a report suspected child abuse (3)  Nothing in this section shall require the mandated reporter to identify the person responsible for the child abuse to make a report suspected. (1)  the time stated in the order; (2)  the emancipation the child; (3)  the child's attaining 18 years age; or The following words and phrases when used in this part shall have unless the context clearly indicates otherwise the meanings given to them in this section: "Adoptee."  An individual proposed to be adopted § 5322  Definitions § 5323  Award custody § 5324  Standing for any form physical custody or legal custody (B)  Applicability.--This section does not apply to an individual making a report suspected child abuse who is found to be a perpetrator because the report or to any individual who fails to make a report 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 common pleas the county in which the alleged unlawful discharge or discrimination occurred § 6120  Inability to pay § 6121  Warrantless searches § 6122  Construction § 28  Applicability 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 the peace" shall be deemed to be references to a magisterial district judge (2)  Paragraph (1) shall not apply to the provisions 71 Pa.C.S. Enactment  Chapter 77A was added Decem P. effective immediately Cross References  Chapter 77A is referred to in sections 7101.1 7105 7613 this title 23c77A01s § 77A01  Definitions. (5)  Enforce orders by civil or criminal contempt or both (6)  Set aside property for satisfaction the support order (7)  Place liens and order execution on the obligor's property. (A)  Establishment.--Every county agency shall make available child protective services within the agency The department may waive the requirement that a county agency be the sole civil agency for receipt and investigation reports pursuant to section 6362 (relating to responsibilities county agency for child protective services) upon a showing by the county that: (1)  It is participating in a demonstration project for or has become part an approved combined intake system for public human service agencies as permitted by department regulations Nothing in this paragraph is intended to permit noncounty government agencies to participate in the receipt and investigation the reports (B)  Authority.--A prosecutor or appropriate public ficial acting under this section acts on behalf the court and may not represent any party 23c5455v   Cross References  Section 5455 is referred to in sections 5204 5456 5457. (D)  Additional requirement.--If the court finds that medical support is not available to either parent at a reasonable cost the court shall order either parent or both parents to obtain medical support for the parties' children which is available at reasonable cost ( P. eff July 1 1995; Apr 7 2014 P. eff ) 23c6334s § 6334  Disposition complaints received. Section 3121 (relating to rape) Section 3122.1 (relating to statutory sexual assault) Section 3123 (relating to involuntary deviate sexual intercourse) Section 3124.1 (relating to sexual assault). (Iii)  statutory and regulatory compliance by the county agency in the county where: (A)  the fatality or near fatality occurred; and (B)  the child resided within the 16 months preceding the fatality or near fatality; (iv)  its findings; and (Vi)  shall expire 20 years after the due date the last unsatisfied overdue support payment; and (vii)  may be released by the court as against abandoned or distressed real property at the request a governmental unit in order to facilitate the property's sale and rehabilitation (6)  The domestic relations section: ( P. ; P. eff 60 days; P. eff 60 days; P. eff Jan 1 2014; Apr 7 2014 P. eff )   2014 Amendment  Act 29 amended subsec (c) Suspension by Court Rule  Section 3321 was suspended by Pennsylvania Rule Civil Procedure No as amended May 5 1997 insar as it prohibits the appointment masters in partial custody or visitation matters 23c3322s § 3322  Jury trial. (1)  A summary the requirements the act Decem (P. ) entitled "An act amending Title 23 (Domestic Relations) the Pennsylvania Consolidated Statutes further providing for information relating to prospective child-care personnel." (2)  The number 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. (G)  Maximum amount.--The maximum amount any attachment under this section shall not exceed the limits set forth in the Consumer Credit Protection Act (Public Law 90-321 15 U.S.C § 1601 et seq.) (h)  Termination.--The court may order the termination an order attachment in any the following instances: (1)  The support obligation has terminated and the total arrearages. § 6116  Confidentiality § 6117  Procedure and other remedies § 6118  Full faith and credit (Repealed) § 6119  Immunity § 6120  Inability. (15)  A foster parent (16)  An adult family member who is a person responsible for the child's welfare and provides services to a child in a family living home community home for individuals with an intellectual disability or host home for children which are subject to supervision or licensure by the department under Articles IX and X the act J (P. ) known as the Public Welfare Code (b)  Basis to report.-- 7502  Administrative enforcement orders   Chapter Heading  The heading Chapter 75 was amended Decem P. effective immediately Enactment  Chapter 75 was added April 4 1996 P. effective immediately (I) Court order The court after a hearing conducted pursuant to subsection (f) this section shall enter an order determining the issues raised by the claim exemption and claim by a secured party a prior perfected security interest in such deposit account The clerk the court shall forthwith send a copy such order to the financial institution Such order shall be deemed to be a final judgment for the purposes appeal No appeal shall be taken except within seven days the rendering the order The order the court may be implemented during such seven-day period unless stayed by. Chapter 25 (relating to criminal homicide) Section 2702 (relating to aggravated assault) Section 2709.1 (relating to stalking) Section 2901 (relating to kidnapping) Section 2902 (relating to unlawful restraint). (2)  filing the revocation with the court; and (3)  notifying the persons named in the designation the revocation in writing (c)  Unwritten revocation.--Regardless whether a petition has been filed an unwritten revocation may be considered by the court if it can be proven by clear and convincing evidence      minor      He/she consents to this designation and has signed      this. (A)  General rule.--Any county through its domestic relations section may publish the names delinquent support obligors who are in arrears 30 days or more in newspapers general or special circulation in the county (b)  Immunity.--The county its ficials and newspapers shall be immune from any and all criminal and civil liability as a result the publication names and identities under subsection (a) unless the publication is a result intentional misconduct by the county its ficials or newspapers (B)  Initiation of court proceeding.-- (1)  In those cases in which an appropriate offer of service is refused and the county agency determines that the best interests of the child require court action the county agency shall initiate the appropriate court proceeding The county agency shall assist the court during all stages of the court proceeding in accordance with the purposes of this chapter (Iii)  A parent the indigent person (2)  Paragraph (1) does not apply in any the following cases: (i)  If an individual does not have sufficient financial ability to support the indigent person § 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 age and meets one the following: (1)  The county agency is conducting an assessment the need for services. (A)  General rule.--An adult or an emancipated minor may seek relief under this chapter for that person or any parent adult household member or guardian ad litem may seek relief under this chapter on behalf minor children or a guardian the person an adult who has been declared incompetent under 20 Pa.C.S Ch 51 Subch B (relating to appointment guardian) may seek relief on behalf the incompetent adult by filing a petition with the court alleging abuse by the defendant § 2921  Establishment registry The department shall do all the following: (1)  Establish a Statewide confidential registry for the receipt filing and retention medical and social history information and authorization forms for all adoptions finalized or registered in this Commonwealth (B)  Organization 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 the agency (c)  Assessment for services.-- § 8313  Costs and fees (a)  Prohibition.--The department or a support enforcement agency may not be required to pay a filing fee or. (3)  Probation for a period not to exceed six months 23c4344v   Cross References.  Section 4344 is referred to in section 4345. The department shall adopt regulations necessary to implement this chapter 23c6348v   Special Provisions in Appendix.  See section 10(2) Act 151 1994 in the appendix to this title for special provisions relating to promulgation regulations pertaining to general protective services § 7607  Contest registration or enforcement § 7608  Confirmed order   (B)  Risk harm.--In evaluating any request under subsection (a) the court shall consider whether the party who is or has been charged with an fense set forth in section 5329(a) poses a risk physical emotional or psychological harm to the child (c)  No prejudice.--Failure to either apply for information under 42 Pa.C.S § 1904 or act under this section shall not prejudice any party in a custody proceeding § 5612  Petition for approval a designation § 5613  Authority standby guardian § 5614  Revocation Signed ‌ Signed ‌ 63  Child Protective Services 65  Newborn Protection 67  Domestic and Sexual Violence Victim Address Confidentiality   Enactment  Part VII was added P. effective in. 18 Pa.C.S § 3126 (relating to indecent assault) 18 Pa.C.S § 3127 (relating to indecent exposure) 18 Pa.C.S § 3129 (relating to sexual intercourse with animal) 18 Pa.C.S § 3130 (relating to conduct relating to sex fenders). § 1103  Common-law No common-law contracted after January 1 2005 shall be valid Nothing in this part shall be deemed or taken to render any common-law otherwise lawful and contracted on or before January 1 2005 invalid 23c1103v ( P. eff. (1)  Confidential communications made to a member 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 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 pressional conduct for attorneys "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 deposits and other asset information ( P. eff 60 days)   2004 Amendment.  Act 175 amended subsec (a) and added subsecs (a.1) and (c) See section 5(6) Act 175 in the appendix to this title for special provisions relating to applicability (A)  Physical presence.--The physical presence the petitioner in a responding tribunal is not required for the establishment enforcement or modification a support order or the rendition a judgment determining parentage (b)  Representation.--The interests the Commonwealth in establishing and enforcing support orders shall be represented where appropriate by the county Title IV-D attorney in a proceeding brought before the responding tribunal § 5507  Indemnity or contribution from child prohibited The parent shall have no right indemnity or contribution against the child 23c5508s § 5508  Liability parent not having custody or control child. (4)  Awarding temporary custody 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: (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 § 2737  Modification agreement (a)  General rule.--Only the adoptive parent or a child who is 12 years age or older may seek to modify an agreement by filing an action in the court that finalized the adoption (b)  Standard for modification.--Before the court may enter an order modifying the agreement it must find by clear and convincing evidence that modification serves the needs welfare and best interest. Establishment SUPPORT ORDER OR DETERMINATION PARENTAGE   Sec 7401  Establishment support order. (C)  Submission to jurisdiction.--Notice is not required for the exercise jurisdiction with respect to a person who submits to the jurisdiction the court 23c5408v   Cross References.  Section 5408 is referred to in sections 5406 5425 5430 5445 5448 5450. (A)  General rule.--A health care provider at a hospital shall do all 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 ficers accepting newborns) (2)  Perform a medical evaluation as well as perform any act necessary to care for and protect the physical health and safety the newborn (4)  a provision stating that a violation the order may subject the party in violation to civil and criminal penalties; and (5)  identification the child's country habitual residence at the time the issuance the order (b)  Abduction prevention orders.-- (5)  The duration the (6)  The contribution by one party to the education training or increased earning power the other party (7)  The extent to which the earning power expenses or financial obligations a party will be affected by reason serving as the custodian a. (1)  Attempting to cause or intentionally knowingly or recklessly causing bodily injury serious bodily injury rape involuntary deviate sexual intercourse sexual assault statutory sexual assault aggravated indecent assault indecent assault or incest with or without a deadly weapon (2)  Placing another in reasonable fear imminent serious bodily injury (3)  The infliction false imprisonment pursuant to 18 Pa.C.S § 2903 (relating to false imprisonment) 1998 Amendment.  Act 36 amended subsec (b)(14) 1997 Amendment.  Act 58 amended subsec (b) Cross References.  Section 3701 is referred to in section 3703. (C)  Payment record.--A copy the record child support payments certified as a true copy the original by the custodian the record may be forwarded to a responding tribunal The copy is evidence facts asserted in it and is admissible to show whether payments were made (d)  Bills.--Copies bills for testing for parentage a child and for prenatal and postnatal health care the mother and child furnished to the adverse party at least ten days before trial are admissible in evidence to prove the amount the charges billed and that the charges were reasonable necessary and customary (C)  Liens.--The amount any lien entered record jointly against both the parties together with any interest due on the lien and docket costs shall be deducted from the proceeds sale and the amount the liens entered record against either the parties together with any interest due on the liens and docket costs shall be deducted from the share the party against whom the lien is filed and paid to the person or persons to whom the amount the lien is due and payable § 77A09  Partial enforcement If a tribunal this State does not recognize and enforce a convention support order in the order's entirety the tribunal shall enforce any severable part the order An application or direct request may seek recognition and partial enforcement a convention support order § 5411  Taking testimony in another state (a)  General rule.--In addition to other procedures available to a party a party to a child custody proceeding may fer testimony witnesses who are located in another state including testimony the parties and the child by deposition or other means allowable in this Commonwealth for testimony taken in another state The court on its own motion may order that the testimony a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony.     1990 DECEMBER 19 P.   § 5  Construction Divorce Code. Rosh Hashanah   Chapter 15   Ceremony   § 1501  Form certificates (8)  There is any other basis consistent with the constitutions this State and the United States for the exercise personal jurisdiction (b)  Modification.--The bases personal jurisdiction set forth in subsection (a) or in any other law this State may not be used to acquire personal jurisdiction for a tribunal this State to modify a child support order another state unless the requirements section 7611 (relating to modification child support order another state) are met or in the case a foreign support order unless the requirements section 7615 (relating to jurisdiction to modify child support order a foreign country). (G.2)  Work activities.--If an obligor owes overdue support with respect to any child receiving cash or medical assistance the court shall upon motion the department or domestic relations section order that overdue support be paid in accordance with a plan approved by the court or that the obligor participate in work activities approved by the department Work activities include: (1)  Subsidized or unsubsidized public or private sector employment (2)  Work experience programs. Cross References  Section 3702 is referred to in section 3703 this title 23c3703s § 3703  Enforcement arrearages. (D.3)  Family living homes community homes for individuals with an intellectual disability and host homes.-- (1)  The following shall apply to an individual over 18 years age residing in a family living home a community home for individuals with an intellectual disability or a host home for children which are subject to supervision or licensure by the department under Articles IX and X the Public Welfare Code: "state."  A state the United States the District Columbia Puerto Rico the Virgin Islands or any territory or insular possession subject to the jurisdiction 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. (2)  Resolve any requests to modify enforce or discontinue an agreement consistent with the provisions this subchapter (b)  Requirements.--The procedures shall among other provisions to be determined by the department clearly inform the parties to and subject an agreement how to seek modification enforcement or discontinuance an agreement that was approved by. Chapter 83 CIVIL PROVISIONS GENERAL APPLICATION   Sec 8301  Proceedings under. (2)  Any applicable identification numbers (3)  Any cards evidencing coverage (4)  The address to which claims should be made (5)  A description any restrictions on usage such as prior approval for hospital admissions and the manner obtaining approval § 77A13  Record in original language A record filed with a tribunal this State under this part must be in the original language and if not in English must be accompanied by an English translation 23c77A13v Cross References  Section 77A13 is referred to in section 77A05. History: P.A 84-527 amended Subsec (c) to authorize the extension the lien for additional five-year periods but not beyond the period enforceability the judgment; P.A 01-132 amended Subsec (a) to add provision that the judgment lien shall be filed as if the debtor were located in this state and in the case a debtor who is not located in this state the judgment lien shall be effective only as to the debtor's tangible personal property located in this state; P.A 03-62 amended Subsec (c) to replace reference to “the property” with reference to “the personal property” and to add provision re the fact that a judgment creditor has no right to take possession the liened personal property other than by writ execution or other judicial process shall not be a defense in a conversion action brought by the judgment creditor for impairment the judgment lien Cited. § 6504.1 Police ficers accepting newborns § 6504.2 Emergency services providers accepting newborns § 6504.3 Incubators for newborns (F)  Status agreement to pay alimony.--Whenever the court approves an agreement for the payment alimony voluntarily entered into between the parties the agreement shall constitute the order the court and may be enforced as provided in section 3703 (relating to enforcement arrearages) 23c3701v ( P. eff Jan 1 1998; P. eff imd.)   (Iii)  The subject's rights pursuant to this chapter in regard to amendment or expungement (iv)  The subject's right to have an attorney present during the interview (2)  Written notice shall be given to the subject within 72 hours following oral notification unless delayed as provided in subsection (m) (3)  Do not contact me I may change this preference by filling out another contact preference form I have completed the contact preference form and an updated medical history form and am filing them with the Department Health (c)  Redaction request form.--A birth parent may request that the birth parent's name be redacted from a noncertified copy original birth record issued to an adoptee in accordance with the following:   2014 Amendment  Act 34 added section 6320 23c6331h     SUBCHAPTER C 3301  Grounds for divorce 3302  Counseling 3303   void and voidable s 3304  Grounds for void s 3305  Grounds for voidable s. (1)  has physical custody the child or has had physical custody for a period six consecutive months including any temporary absence within one year immediately before the commencement a child custody proceeding; and (2)  has been awarded legal custody by a court or claims a right to legal custody under the laws this Commonwealth "Physical custody."  The physical care and supervision. 6503  Nonliability 6504  Health care providers accepting newborns 6504.1 Police ficers accepting newborns 6504.2 Emergency services providers accepting newborns 6504.3 Incubators for newborns. (I)  The address the intended new residence (ii)  The mailing address if not the same as the address the intended new residence (iii)  Names and ages the individuals in the new residence including individuals who intend to live in the new residence (iv)  The home telephone number the intended new residence if available. General PROVISIONS   Sec 4101  Liability for debts contracted before 4102  Proceedings in case debts contracted for necessaries. § 3103  Definitions 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: "Alimony."  An order for support granted by this Commonwealth or any other state to a spouse or former spouse in conjunction with a decree granting a divorce or (G)  Payment record.--A copy the record support payments certified as a true copy the original by the custodian the record is evidence facts asserted in it and is admissible to show whether payments were made (h)  Bills.--Copies billing statements bills for testing for parentage and for prenatal and postnatal health care the mother and child furnished to the adverse party at least ten days before a court proceeding are admissible in evidence to prove the amount the charges billed and to prove that the charges were reasonable necessary and customary The adopting parent or parents and the adoptee must appear at and if required testify at the hearing under oath unless the court determines their presence is unnecessary In addition the court may require the appearance and testimony all persons whose consents are required by this part and representatives agencies or individuals who have acted as an intermediary if their appearance or testimony would be necessary or helpful to the court 23c2724s § 2724  Testimony and investigation. Sec 52-400c Attorney's fees In the discretion the court a reasonable attorney's fee may be allowed to the prevailing party (1) for counsel at any contempt hearing reasonable and necessary for the enforcement a court order pursuant to section 52-256b (2) for counsel at any discovery hearing reasonable and necessary for the enforcement disclosure rights and (3) for counsel at any other hearing that is reasonable and necessary for the enforcement rights pursuant to a postjudgment procedure that is held on a claim or defense that the court determines was made for the purpose harassment or solely for the purpose delay (P.A 83-581. Age Currently residing at: (6)  Issue attachment proceedings directed to the sheriff or other proper ficer the county directing that the person named as having failed to comply with the court order be brought before the court at such time as the court may direct If the court finds after hearing that the named person willfully failed to comply with the court order it may declare the person in civil contempt court and in its discretion make an appropriate order including but not limited to commitment the person to prison for a period not to exceed six months (7)  Award counsel fees.   Cross References.  Section 3703 is referred to in section 3701 this title; sections 8102 8533.1 Title 24 (Education); sections 5102 5953.1 Title 71 (State Government) 23c3704s § 3704  Payment support alimony and alimony pendente lite. (3)  By a physician or the director or a person specifically designated by the director a hospital pursuant to Chapter 65 (relating to newborn protection) if the child is a newborn (4)  Subject to this section and after receipt a court order the county agency shall take a child into protective custody for protection from abuse No county agency worker may take custody the child without judicial authorization based on the merits the situation (5)  By a police ficer at a police station under Chapter 65. § 5410  Communication between courts (a)  General rule.--A court this Commonwealth may communicate with a court in another state concerning a proceeding arising under this chapter (b)  Participation parties.--The court may allow the parties to participate in the communication If the parties are not able to participate in the communication they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction. (F)  Hearing.--A hearing shall be scheduled within ten days the filing the charge or complaint indirect criminal contempt The hearing and any adjudication shall not preclude a hearing on other criminal charges underlying the contempt nor shall a hearing or adjudication on other criminal charges preclude a hearing on a charge indirect criminal contempt 23c6113v (Oct 6 1994 P. eff 60 days; J P. eff 60 days; P. eff 60 days; P. eff. § 5403  Proceedings governed by other law § 5404  Application to Native American tribes § 5405  International application chapter (Iii)  Subject to Federal approval if the applicant or recipient provides the names two putative fathers subsequently excluded from paternity by genetic testing the second exclusion shall create a presumption noncooperation which may be rebutted only by clear and convincing evidence 23c4379v   Cross References.  Section 4379 is referred to in sections 4373 4380. (F)  Weekly face-to-face contacts.--For those children assessed as being at high risk for abuse or neglect who are remaining in or returning to the home in which the abuse or neglect occurred the county agency shall ensure that those children are seen at least once a week either directly by a county agency worker or through purchase service until they are no longer assessed as being at high risk for abuse or neglect 23c6362v ( P. ; P. eff.   1994 Amendment.  Act 85 amended subsec (b) Cross References.  Section 6109 is referred to in section 6108 this title 23c6110s § 6110  Emergency relief by minor judiciary. Suspension by Court Rule  Section 4352(d) was suspended by Pennsylvania Rule Civil Procedure No (5) as amended insar as it is inconsistent with Rule providing that overdue support on public record at the domestic relations section constitutes a lien record against all real property within the state Pennsylvania which is owned by the obligor (9)  Directing the defendant to refrain from stalking or harassing the plaintiff and other designated persons as defined in 18 Pa.C.S §§ 2709 (relating to harassment) and 2709.1 (relating to stalking) (10)  Granting any other appropriate relief sought by the plaintiff (b)  Identifying information.--Any order issued under this section shall where furnished by either party specify the Social Security number and date birth the defendant § 2926  Rules and regulations The department shall promulgate rules and regulations necessary to implement this subchapter The department may request but shall not require an agency to submit medical and social history information for adoptions finalized or registered in this Commonwealth prior to the effective date of this subchapter 23c2931h     2015 Amendment  Act 94 amended subsec (b) 23c7901h CHAPTER 79 MISCELLANEOUS PROVISIONS (Vii)  An individual 18 years age or older who engages a child in severe forms trafficking in persons or sex trafficking as those terms are defined under section 103 the Trafficking Victims Protection Act 2000 (114 Stat 1466 22 U.S.C § 7102) (2)  Only the following may be considered a perpetrator for failing to act as provided in this section: (i)  A parent. Chapter 57  Sex Trafficking and Missing and Abducted Children   § 5701  Definitions (Ii)  A spouse or former spouse the child's parent (iii)  A paramour or former paramour the child's parent (iv)  A person 18 years age or older and responsible for the child's welfare (v)  A person 18 years age or older who resides in the same home as. (I)  the court in which the adoption was finalized; (ii)  the agency that coordinated the adoption; (iii)  a successor by merger or acquisition the agency that coordinated the adoption; or (iv)  if neither the agency nor a successor exists by an agency authorized by. (G)  Monitoring evaluating and assessing.--The county agency shall frequently monitor the provision services evaluate the effectiveness the services conduct in-home visits and make a periodic assessment the risk harm to the child which shall include maintaining an annually updated photograph the child and verification the identification the child (h)  Emergency coverage.--As part its general protective services program a county agency shall provide 24-hour-a-day emergency coverage and be accessible to the public ( P. eff July 1 1995; Apr 7 2014 P. eff ; P. eff )   Suspension by Court Rule  Section 6339 was suspended by Pennsylvania Rule of Juvenile Court Procedure No 1800(9) adopted Aug insofar as it is inconsistent with Rule 1340(B)(1)(e) which provides for the disclosure of reports if the reports are going to be used as evidence in a hearing to prove dependency of. (1949 Rev S 8137.) Cited 47 C 1 Scire facias does not lie until legacy is due 67 C 81 Cited 91 C 447 Definition “spendthrift trust” and conditions required for its existence 95 C 221; 107 C 13; 108 C 425 (Return to ChapterTable Contents) (Return toList Chapters) (Return toList Titles) Secs 52-394 to 52-396 ficer to give items fees to execution debtor Completion levy by ficer not reelected or reappointed Satisfaction judgment to be entered on record Sections 52-394 to 52-396 inclusive are repealed (1949 Rev S 8138–8140; P.A 83-581 S 39 40; P.A 84-546. (B)  Factors.--Before determining whether it is an inconvenient forum a court this Commonwealth shall consider whether it is appropriate for a court another state to exercise jurisdiction For this purpose the court shall allow the parties to submit information and shall consider all relevant factors including: (1)  whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and. § 7801  Grounds for rendition § 7802  Conditions rendition   (B)  Docketing.--On receipt a request for registration the registering tribunal shall file the order as an order a tribunal another state or a foreign support order together with one copy the documents and information regardless their form (c)  Simultaneous relief.--A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law this State may be filed at the same time as the request for registration or later The pleading must specify the grounds for the remedy sought (A)  Central registry created.--A central registry 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 the following: (1)  The full and true name such parent together with any known aliases (2)  The date and place birth (3)  Physical description. (6)  Creating a likelihood sexual abuse or exploitation a child through any recent act or failure to act (7)  Causing serious physical neglect a child (8)  Engaging in any the following recent acts: (i)  Kicking biting throwing burning stabbing or cutting a child in a manner that endangers. § 5335  Counsel for child § 5336  Access to records and information § 5337  Relocation (2)  A mandated reporter making an oral report under paragraph (1) suspected child abuse shall also make a written report which may be submitted electronically within 48 hours to the department or county agency assigned to the case in a manner and format prescribed by the department (3)  The failure the mandated reporter to file the report under paragraph (2) shall not relieve the county agency from any duty under this chapter and the county agency shall proceed as though the mandated reporter complied with paragraph (2) (3)  The guidelines under paragraph (1) shall take effect in 180 days and expire on the earlier the effective date regulations promulgated under paragraph (2) or July 1 2007 23c6713s § 6713  Civil immunity. § 6106  Commencement proceedings § 6107  Hearings § 6108  Relief § 6108.1 Return relinquished firearms other weapons and ammunition and additional relief § 6710  Emergency disclosure § 6711  Penalties § 6712  Rules and regulations § 6713  Civil immunity   (A)  Application for jury trial.--After service the complaint in divorce or on the defendant in the manner prescribed by general rules or entry a general appearance for the defendant if either the parties desires any matter fact that is affirmed by one and denied by the other to be tried by a jury that party may take a rule upon the opposite party to be allowed by a judge the court to show cause why the issues fact set forth in the rule should not be tried by a jury which rule shall be served upon the opposite party or counsel for the opposite party § 3507  Division entireties property between divorced persons § 3508  Conveyance entireties property to divorced spouse   (C) The amount past-due support qualifying a IV-D support case for use the federal income tax refund procedure under subsection (a) this section or the state income tax refund procedure under subdivision (1) subsection (b) this section shall be: (1) One hundred fifty dollars or more in temporary family assistance cases under section 17b-112; and (2) five hundred dollars or more in nontemporary family assistance cases (d) Support collected pursuant to this section shall be distributed as required by Title IV-D the Social Security Act.     SUBCHAPTER D PROCEEDINGS AGAINST ENTIRETIES PROPERTY   (1) “Dependent” means a spouse former spouse or child entitled to payments under a support order provided Support Enforcement Services the Superior Court or the state acting under an assignment a dependent's support rights or under an application for child support enforcement services shall through an ficer Support Enforcement Services or the fice Child Support Services within the Department Social Services or an investigator the Department Administrative Services or the Attorney General take any action which the dependent could take to enforce a support order; (2) “Disposable earnings” means that part the earnings an individual remaining after deduction from those earnings amounts required to be withheld for the payment federal state and local income taxes employment taxes normal retirement contributions union dues and initiation fees and group life and health insurance premiums; Students IN PUBLIC AND PRIVATE SCHOOLS (Repealed)   2014 Repeal  Subchapter C.1 (§§ 6351 - 6353.4) was added Decem P. and repealed P. effective Decem and P. effective December. "victim sexual assault."  A victim an fense enumerated in 18 Pa.C.S §§ 3121 (relating to rape) 4302 (relating to incest) 6312 (relating to sexual abuse children) 6318 (relating to unlawful contact with minor) and 6320 (relating to sexual exploitation children) "Victim stalking."  A victim an fense enumerated in 18 Pa.C.S § 2709.1 (relating to stalking) (1)  In writing (2)  Approved by the court on or before the date for any adoption decree (3)  If the child is 12 years age or older when the agreement is executed the child must consent to the agreement at the time its execution (d)  Prerequisites.--Before the court may enter an order enforcing an agreement it must find all the following: (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 such information; or (ii)  an entity which has not furnished evidence satisfactory to the department that the entity is a consumer reporting agency Cited 211 C 485; 240 C 35; Id 343 Cited 15 CA 718; 33 CA 359 A judgment foreclosure by sale is not a money judgment and the proceedings following a judgment foreclosure by sale are not postjudgment proceedings for the purposes section 108 CA 134 Although facial inconsistencies exist between this section and Secs 46b-84(a) and 52-350f P.A 03-130 was intended to enable a party to address the default a final order for child support or alimony through use the postjudgment procedures in Ch 906 146 CA 79 Subdiv (5): Definition term “earnings” discussed. "court."  The court or magisterial district judge having jurisdiction over the matter under Title 42 (relating to judiciary and judicial procedure) exercised as provided in Title 42 or as otherwise provided or prescribed by law (b)  Title 42 definitions.--Subject to additional definitions contained in subsequent provisions this title which are applicable to specific provisions this title words and phrases not defined in subsection (a) which are defined in 42 Pa.C.S § 102 (relating to definitions) when used in this title shall have the meanings given to them in Title 42 unless the context clearly indicates otherwise (B)  Other considerations.--The court in terminating the rights a parent shall give primary consideration to the developmental physical and emotional needs and welfare the child The rights a parent shall not be terminated solely on the basis environmental factors such as inadequate housing furnishings income clothing and medical care if found to be beyond the control the parent 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 notice the filing the petition (3)  when the child has for a period at least 12 consecutive months resided with the grandparent or great-grandparent excluding brief temporary absences the child from the home and is removed from the home by the parents an action must be filed within six months after the the child from the home 23c5325v (May 4 2018 P. eff 60 days)   "recent act or failure to act."  Any act or failure to act committed within two years the date the report to the department or county agency "Recklessly."  The term shall have the same meaning as provided in 18 Pa.C.S § 302 (relating to general requirements culpability) "Resource family."  A family which provides temporary foster or kinship care for children who need out--home placement and may eventually provide permanency for those children including an adoptive family (B)  Cooperation labor organizations.--Labor organizations shall at the request the department provide information in a form prescribed by the department regarding wages income telephone numbers addresses Social Security numbers and date birth employer names addresses and telephone numbers (b.1)  Cooperation financial institutions.--Notwithstanding any other provision law all financial institutions doing business in this Commonwealth shall: References in Text  Former Chapter 53 (Custody) referred to in this section is repealed The subject is now contained in Chapter 53 (Child Custody) 23c5611h     SUBCHAPTER B (4)  a proposed order containing the information set forth in subsection (c)(3). (Ii)  The prospective volunteer has been a resident this Commonwealth during the entirety the previous 10-year period or if not a resident this Commonwealth during the entirety the previous 10-year period has received certification under section 6344(b)(3) at any time since establishing residency in this Commonwealth and provides a copy the certification to the person responsible for the selection volunteers (E) Claim exemption and claim prior perfected security interest To prevent the financial institution from paying the serving ficer as provided in subsection (h) this section the judgment debtor shall give notice a claim exemption by delivering to the financial institution by mail or other means the exemption claim form or other written notice that an exemption is being claimed and any such secured party shall give notice its claim a prior perfected security interest in such deposit account by delivering to the financial institution by mail or other means written notice there The financial institution may designate an address to which the notice a claim exemption or a secured party claim notice shall be delivered Upon receipt such notice the financial institution shall within two business days send a copy such notice to the clerk the court which issued the execution. (B)  Assistance to another state.--Upon request a court another state a court this Commonwealth may hold a hearing enter an order or forward transcripts evidence and evaluations described in subsection (a) (c)  Expenses.--Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the laws this Commonwealth § 1502  Forms where parties perform ceremony § 1503  Persons qualified to solemnize s § 1504  Returns s § 6108.5 Penalties for release information § 6109  Service orders § 6110  Emergency relief by minor judiciary (A)  Report 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 being at risk being a sex trafficking victim; or (2)  the county agency identifies as being a sex trafficking victim.   Enactment  Part II was added Decem P. effective in 90 days 1998 Partial Repeal  Section 13 Act 127 1998 provided that Part II is repealed insar as it is inconsistent with Act 127     2008 Amendment  Act 33 added the defs "children's advocacy center" and "substantiated child abuse." 2006 Amendments  Act 146 added the defs "near fatality" and "nonaccidental" in subsec (a) and Act 179 amended the def "sexual abuse or exploitation" in subsec (a) 2004 Amendment  Act 160 added the defs "private agency" and "resource family" in subsec (a) "risk assessment."  A Commonwealth-approved systematic process that assesses a child's need for protection or services based on the risk harm to the child "Routine interaction."  Regular and repeated contact that is integral to a person's employment or volunteer responsibilities "Safety assessment."  A Commonwealth-approved systematic process that assesses a child's need for protection or services based on the threat to the safety. Personal jurisdiction acquired by a tribunal this State in a proceeding under this part or other law this State relating to a support order continues as long as a tribunal this State has continuing exclusive jurisdiction to modify the tribunal's order or continuing jurisdiction to enforce the tribunal's order as provided by sections 7205 (relating to continuing exclusive jurisdiction to modify child support orders) 7206 (relating to continuing jurisdiction to enforce child support orders) and 7211 (relating to continuing exclusive jurisdiction to modify spousal support order) § 77A04  Initiation by department support proceeding under convention § 77A05  Direct request § 77A06  Registration convention support order 4103  (Reserved) 4104  Right married person to separate earnings 4105  Loans between married persons 4106  Construction chapter   (5)  The child resides in this State as a result the acts or directives the individual (6)  The individual engaged in sexual intercourse in this State and the child may have been conceived by that act intercourse (7)  The individual acknowledged parentage the child on a form filed with the department under section 5103 (relating to acknowledgment and claim paternity) (D.1)  Real property liens.-- (1)  Overdue support shall be a lien on real estate within the county in which the overdue support is on record at the county domestic relations section if: (i)  the underlying support action is pending in the county domestic relations section or is being enforced by the county domestic relations section; (A)  a preponderance the evidence in the case consent by a person 21 years age or younger; or (B)  clear and convincing evidence in all other cases (d)  Contents consent.-- (C)  Procedures and remedies.--A responding tribunal this State shall apply the procedures and remedies this State to enforce current support and collect arrearages and interest due on a support order another state or a foreign country registered in this State (d)  Controlling order.--After a tribunal this State or another state determines which is the controlling order and issues an order consolidating arrearages if any a tribunal this State shall prospectively apply the law the state or foreign country issuing the controlling order including the law on interest on arrearages on current and future support and on consolidated arrearages (B)  Allowance or assignment credit.--The credit shall be allowed the plaintiff by the sheriff or the plaintiff may assign the sums due the plaintiff to the purchaser the property whereupon credit shall be given to the purchaser by the sheriff for the amount assigned 23c4365s § 4365  Rights divorced person in entireties property sold for support. (2)  There has been an acceptance into an accelerated rehabilitative disposition program and the reason for the acceptance involves the same factual circumstances involved in the allegation child abuse (3)  There has been a consent decree entered in a juvenile proceeding under 42 Pa.C.S Ch 63 (relating to juvenile matters) the decree involves the same factual circumstances involved in the allegation child abuse and the terms and conditions the consent decree include an acknowledgment admission or finding that a child who is the subject the report has been abused by the child who is alleged to be delinquent (F)  Appearance child.--The court may impose conditions upon placement a child to ensure the appearance the child and the child's custodian 23c5451v   Cross References.  Section 5451 is referred to in section 5449.   Enactment  Subchapter E was added Decem P. effective January 1 1998 Suspension by Court Rule   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support (1)  The adoptee's current name and name assumed at the time adoption (2)  The adoptee's address (3)  The adoptee's age and date birth (4)  The adoptee's gender at birth (5)  Pro identification. A petition may be filed before a hearing ficer who may grant relief in accordance with section 6108(a)(1) (2) and (6) or (1) and (6) (relating to relief) if the hearing ficer deems it necessary to protect the plaintiff or minor children from abuse upon good cause shown in an ex parte proceeding Immediate and present danger abuse to the plaintiff or minor children shall constitute good cause for the purposes this subsection (13)  If the ficer did not arrest or seek an arrest warrant even though arrest was authorized a detailed explanation the reasons for the ficer's decision not to arrest (14)  The names and ages any children present in the household and their address and telephone number if children were relocated (15)  Notation previous incidents which the ficer is personally aware. (Ii)  The adult family member who is providing services to a child in the home shall be required to report any other change in the household composition within 30 days the change for review by the agency If any individual over 18 years age who has resided outside this Commonwealth at any time within the previous five-year period begins residing in the home that individual shall within 30 days beginning residence submit to the agency a certification obtained from the Statewide database or its equivalent in each state in which the individual has resided within the previous five-year period as to whether the person is named as a perpetrator If the certification shows that the person is named as a perpetrator within the previous five-year period the agency shall forward the certification to the department for review (A)  General rule.--A person must file an application with the fice Victim Advocate on a form prescribed by the fice Victim Advocate The fice Victim Advocate shall certify eligible applicants as program participants in accordance with the procedures outlined in subsection (b) Certification shall be valid for a period three years following the date certification unless the certification is withdrawn or canceled before the expiration that period (b)  Requirements for certification.--The fice Victim Advocate shall certify an applicant as a program participant if: (3)  The parent is the presumptive but not the natural father the child (4)  The child is in the custody an agency having been found under such circumstances that the identity or whereabouts the parent is unknown and cannot be ascertained by diligent search and the parent does not claim the child within three months after the child. (9)  The creation and installation signs near an incubator to provide information to parents about how to use the incubators (10)  Any other provisions deemed necessary by the Department Health to ensure the safety an infant and the safe use an incubator by a parent (c)  Notice.--The Department Health shall publish notice in the Pennsylvania Bulletin the promulgation final regulations regarding incubators under subsection (b) (1)  Notwithstanding any provision this chapter to the contrary and subject to paragraph (2) if a parent who is a victim any the fenses set forth in this paragraph objects no court shall award any type custody set forth in section 5323 (relating to award custody) to the other parent a child conceived as a result any the following fenses for which the other parent has been convicted: 18 Pa.C.S § 3121 18 Pa.C.S § 3122.1. (I)  It may collect as provided by law (ii)  It may reinitiate the procedures set forth in this section if the obligor wins a subsequent lottery prize 2004 Amendment.  Act 21 amended subsec (a) Section 2 Act 21 provided that the amendment subsec (a) shall apply to adoptions which are initiated on or after the effective date section 2 Cross References.  Section 2502 is referred to in sections 2503 2521 this title 23c2503s § 2503  Hearing. 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 fense 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 up to $250 per fense 23c4396s § 4396  Penalties. (D)  Multiple remedies.--Disposition a charge indirect criminal contempt shall not preclude the prosecution other criminal charges associated with the incident giving rise to the contempt nor shall disposition other criminal charges preclude prosecution indirect criminal contempt associated with the criminal conduct giving rise to the charges 23c6114v (Oct 6 1994 P. eff 60 days; P. eff 60 days; J P. eff 60 days; P. eff. (4)  A narrative for the incident including the date time and whether the accused appeared intoxicated or under the influence a controlled substance (5)  What if any weapons were used or threatened to be used (6)  A description any injuries observed by. (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 an order issued under section 6108 (relating to relief) at any time during the pendency an order Except as otherwise indicated in this chapter modification may be ordered after the filing a petition for modification service the petition and a hearing on the petition 1997 Amendment  Act 58 added section 7501.1 was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support § 7501.2  Compliance with multiple income- orders. (2)  The individual or agency conducting the home study assents to the interim placement (3)  The intermediary immediately notifies the court the interim placement and the identity the individual or agency conducting the home study If at any time prior to the completion 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 the child in temporary foster care with an agency until a favorable recommendation for placement is received (Xii)  The date and reason for any closure the resource family home (xiii)  The appeal activity initiated by a resource family applicant or an approved resource family and the basis for the appeal This subparagraph shall not be construed to limit legitimate appeals (xiv)  The status and disposition all appeal-related activities This subparagraph shall not be construed to limit legitimate appeals 72  Jurisdiction 73  Civil Provisions General Application 74  Establishment Support Order 75  Direct Enforcement Order Another State Without Registration The department shall promulgate rules and regulations implementing a standardized training program for court-appointed and agency-appointed authorized representatives conducting searches under this subchapter 23c3101h    . (B)  Request for emergency disclosure.--A government agency may request that the fice Victim Advocate disclose a program participant's actual address through the system established pursuant to subsection (a) The fice Victim Advocate shall disclose a program participant's actual address if the disclosure: (1)  will prevent physical harm to a program participant or to a program participant's family member; or Chapter 52 UNIFORM CHILD ABDUCTION PREVENTION   Sec 5201  Scope chapter. (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 custody or visitation that: § 6108.5  Penalties for release information Any person who violates section 6108(a)(7)(v) (relating to relief) by releasing information with the intent and purpose committing such violation commits a misdemeanor the third degree ( P. eff.   Explanatory Note  Act 207 amended sections 102 1503 6102 6113 6113.1 and 6340 Title 23   § 29  Construction law. (Iii)  the birth sibling was not adopted out the birth family and did not remain in the custody the birth parent 23c2925s § 2925  Providing information from registry (a)  Nonidentifying information.--Nonidentifying information if available shall be provided to the requester within 30 days the request 1994 Amendment  Act 151 added section 6376 References in Text  The short title the act J P. known as the Public Welfare Code referred to in subsection (d) was amended by the act Decem P. The amended short title is now the Human Services Code 23c6377s § 6377  Caseloads. (E) Statement ficer's fees Prior to return a satisfied or partially satisfied execution a levying ficer shall sign and give the judgment debtor on demand and without fee an itemized statement his fees On his failure to comply with this provision the levying ficer shall forfeit to the judgment debtor three times the amount his fees (f) Record satisfaction On return an execution the clerk the court shall note on the record the judgment whether or to what extent the judgment was satisfied (g) Completion levy Any levy commenced prior to the expiration the levying ficer's term fice may be completed notwithstanding the expiration. "tribunal."  A court administrative agency or quasi-judicial entity authorized to establish enforce or modify support orders or to determine parentage "Tribunal this State."  A court common pleas ( P. . § 1105  Fees (a)  General rule.--The fee to be charged for issuing a license or declaration and for returns there to the department shall be $3 which $ shall be retained by the county wherein the license is issued and 50¢ shall be remitted to the Commonwealth (b)  Transmitting Commonwealth moneys.--All moneys collected under this section for the Commonwealth shall be transmitted to the State Treasurer no later than the tenth day the following month § 5455  Role prosecutor or public ficial (a)  General rule.--In a case arising under this chapter or involving the Hague Convention on the Civil Aspects International Child Abduction the prosecutor or other appropriate public ficial may take any lawful action including resort to a proceeding under this subchapter or any other available civil proceeding to locate a child obtain the return a child or enforce a child custody determination if there is: (1)  an existing child custody determination; § 7310  Duties department § 7311  Pleadings and accompanying documents § 7312  Nondisclosure information in exceptional circumstances (1)  The obligor shall be given notice the attachment his income Such notice shall specify all the following: (i)  The amount to be withheld on account current support and on account arrears (ii)  That the order attachment shall apply to current and future employers. (A)  fenses.--Where a party seeks any form custody the court shall consider whether that party or member that party's household has been convicted or has pleaded guilty or no contest to any the fenses in this section or an fense in another jurisdiction substantially equivalent to any the fenses in this section The court shall consider such conduct and determine that the party does not pose a threat harm to the child before making any order custody to that party when considering the following fenses: 18 Pa.C.S Ch 25 (relating to criminal homicide). (C)  Quarterly reports.--The department shall prepare and transmit to the Governor and the General Assembly a quarterly report that includes a summary the findings with nonidentifying information about each case child abuse or neglect that has resulted in a child fatality or near fatality One the quarterly reports may be included within the annual report required under subsection (a) "parental duties."  Includes meeting the physical emotional and social needs the child "Partial physical custody."  The right to assume physical custody the child for less than a majority the time "Physical custody."  The actual physical possession and control. (B) Any execution against earnings issued pursuant to section 52-361 prior to J which has not been satisfied otherwise valid except for lack adequate notice is validated subject to the right the judgment debtor to claim an exemption or seek a modification pursuant to section 52-361b (P.A 83-581 S 28 40; 83-587 S 68 96; P.A 84-226. Sec 52-391 Execution; demand for debt due from insolvent estate When any debt due or which may become due from the estate a deceased person which is settled as an insolvent estate or from the estate any insolvent debtor is attached the attachment lien shall not continue unless demand is made the garnishee upon the execution within sixty days after the rendition the judgment or within sixty days after the report the commissioners allowing the claim the defendant has been returned to and accepted by the Court Probate; or if an appeal has been allowed on such claim within sixty days after the final allowance such claim (1949. Subsection (b) section 7101 no longer exists The definitions are now contained in section 7101.1 Cross References  Section 4302 is referred to in sections 4308.1 7501 this title; sections 8102 8533.1 Title 24 (Education); sections 5102 5953.1 Title 71 (State Government) 23c4303s § 4303  Information to consumer reporting agency. (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 suspected abuse is an indicated report (C)  Certain confidential records.--Notwithstanding any other provision law all State and local law enforcement agencies the Board Probation and Parole the Department Corrections and the Department Transportation shall upon request provide the department any domestic relations section or any child support agency the Federal Government or any state with such information regarding the location an individual as may be contained in law enforcement probation and parole corrections motor vehicle registration and operator licensing records (A)  Provision optional.--A hospital police station or other entity employing or otherwise providing access to an emergency services provider may provide an incubator for the care a newborn accepted under this chapter (b)  Regulations.--The Department Health shall promulgate regulations for providing an incubator under subsection (a) The regulations shall include all the following: (1)  Sanitation standards for an incubator. (Date)                    (Signature other parent) ________________________________________________________ (Address other parent) (Iii)  A host home for children This paragraph does not include an individual with an intellectual disability or chronic psychiatric disability receiving services in a home (a.1)  School employees.--This section shall apply to school employees as follows: (2)  The designation shall be signed by the designating parent legal custodian or legal guardian in the presence two witnesses who are 18 years age or older and not otherwise named in the designation who shall also sign the designation If the parent legal custodian or legal guardian is physically unable to sign the designation the parent legal custodian or legal guardian may direct another person not named in the designation to sign on the parent's the legal custodian's or the legal guardian's behalf in the presence the parent legal custodian or legal guardian and the witnesses 2014 Amendments  Act 29 amended subsecs (b) and (c)(1) Act 45 amended subsec (b) and Act 153 amended the section heading and subsecs (a) (b) and (c) 2006 Amendment  Act 179 added section 6344.1 Cross References  Section 6344.1 is referred to in section 6335. 6347  Reports to Governor and General Assembly 6348  Regulations 6349  Penalties 23c6331s § 6331  Establishment Statewide database. (Ii)  Review the delivery services to the abused child and the child's family provided by the county agency and review services provided to the perpetrator by the county agency in each county where the child and family resided within the 16 months preceding the fatality or near fatality and the services provided to the child the child's family and the perpetrator by other public and private community agencies or pressionals This subparagraph includes law enforcement mental health services programs for young children and children with special needs drug and alcohol programs local schools and health care providers (2)  Granting possession to the plaintiff the residence or household to the exclusion 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 (G.1)  Nondisclosure certain information.--If the court finds in an ex parte or other proceeding or if an existing order provides that the health safety or liberty a party or child would be unreasonably put at risk by the disclosure identifying information the court shall order that the address the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this part Any court order under this subsection must be docketed in the domestic relations section (A)  Indignities.--Whenever indignities under section 3301(a)(6) (relating to grounds for divorce) is the ground for divorce the court shall require up to a maximum three counseling sessions where either the parties requests it (b)  Mutual consent.--Whenever mutual consent under section 3301(c) is the ground for divorce the court shall require up to a maximum three counseling sessions within the 90 days following the commencement the action where either the parties requests it (A)  Emancipated child.--A court shall not order either or both parents to pay for the support a child if the child is emancipated (b)  Marital status parents immaterial.--In making an order for the support a child no distinction shall be made because the marital status the parents 23c4324s § 4324  Inclusion spousal medical support. (C)  Violation human rights.--A court this Commonwealth need not apply this chapter if the child custody law a foreign country violates fundamental principles human rights 23c5406s § 5406  Effect child custody determination. Chapter Heading  The heading Chapter 76 was amended Decem P. effective immediately Enactment  Chapter 76 was added April 4 1996 P. effective immediately Cross References  Chapter 76 is referred to in sections 7105 7207 7210 7313 7501.5 77A02 77A06 8313 this title   (3)  Work training programs (4)  Community service programs (5)  Job search requirements (6)  Job readiness programs (7)  Education directly related to employment. § 6369  Taking child into protective custody (Repealed) § 6370  Voluntary or court-ordered services; findings. (H)  Spousal communications.--A privilege against disclosure communications between spouses does not apply in a proceeding under this part (i)  Family immunity.--The defense immunity based on the relationship husband and wife or parent and child does not apply in a proceeding under this part (j)  Parentage.--A voluntary acknowledgment paternity certified as a true copy is admissible to establish parentage. (C)  Affirmance.--If the contesting party does not establish a defense under subsection (a) to the validity the order the registering tribunal shall issue an order confirming the order 23c8413v   Cross References.  Section 8413 is referred to in section 8412. § 6311.1 Privileged communications § 6312  Persons encouraged to report suspected child abuse § 6313  Reporting procedure "agency."  Any incorporated or unincorporated organization society institution or other entity public or voluntary which may receive or provide for the care children supervised by the Department Public Welfare and providing adoption services in accordance with standards established by the department "Clerk."  The clerk the division the court common pleas having jurisdiction over voluntary relinquishment involuntary termination and adoption proceedings (C)  Custodial parent requirement.--If medical support is available at a reasonable cost to a custodial parent the court shall require that the custodial parent provide such medical support to the children the parties unless adequate medical support has already been provided through the noncustodial parent In cases where the parents have shared custody the child and medical support is available to both the court shall require one or both parents to provide medical support taking into account the financial ability the parties and the extent medical support available to each parent (C)  Bifurcation.--(Deleted by amendment) (c.1)  Bifurcation.--With the consent both parties the court may enter a decree divorce or prior to the final determination and disposition the matters provided for in subsection (b) if the court determines that doing so provides sufficient economic protections for any minor children the In the absence the consent both parties the court may enter a decree divorce or prior to the final determination and disposition the matters provided for in subsection (b) if: § 2533  Report intermediary § 2534  Exhibits § 2535  Investigation (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 abduction 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 the child giving due consideration to the custody and visitation rights the parties (C)  Jurisdiction.--Exclusive original jurisdiction a proceeding under this section is vested in the courts common pleas this Commonwealth (d)  Grading.-- (1)  Except as otherwise provided for in paragraph (2) an fense under this section shall constitute a summary fense (15)  The progress any legal proceedings brought on the basis the report suspected child abuse (16)  Whether a criminal investigation has been undertaken and the result the investigation and any criminal prosecution (17)  In the case 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 the report "standby guardian."  A person named by a designator to assume the duties coguardian or guardian a minor and whose authority becomes effective upon the incapacity debilitation and consent or death the minor's parent "Triggering event."  A specified occurrence stated in the designation which empowers a standby guardian to assume the powers duties and responsibilities guardian or coguardian § 5205  Jurisdiction § 5206  Contents petition § 5207  Factors to determine risk abduction § 6703  Address Confidentiality Program (a)  Establishment.--The fice Victim Advocate shall establish a program to be known as the Address Confidentiality Program Upon application and certification persons eligible under section 6704 (relating to persons eligible to apply) shall receive a confidential substitute address provided by the fice Victim Advocate (E)  Right to file personal and medical history information.--At the time the decree termination is transmitted to the parent whose rights are terminated the court shall advise that parent in writing his or her continuing right to place and update personal and medical history information whether or not the medical condition is in existence or discoverable at the time adoption on file with the court and with the Department Public Welfare pursuant to  Subchapter B Chapter 29 (relating to records and access to information) (2) The property execution shall require a proper levying ficer to enforce the money judgment and shall state the names and last-known addresses the judgment creditor and judgment debtor the court in which and the date on which the money judgment was rendered the original amount the money judgment and the amount due thereon and any information which the judgment creditor considers necessary or appropriate to identify the judgment debtor The property execution shall notify any person served therewith that the judgment debtor's nonexempt personal property is subject to levy seizure and sale by the levying ficer pursuant to the execution and if the judgment debtor is a natural person shall be accompanied by a notice judgment debtor rights as prescribed by section 52-361b and a notice to any third person the manner as prescribed by subdivision (4) this subsection for complying with the execution. (July 2 2014 P. eff 60 days; P. eff 60 days)   Cross References  Section 6507 is referred to in section 6502 this title 23c6508s § 6508  Duty hospital. (F)  Enforcement.-- (1)  A warrant to take physical custody a child issued by this Commonwealth or another state is enforceable throughout this Commonwealth (2)  If the court finds that a less intrusive remedy will not be effective it may authorize law enforcement ficers to enter private property to take physical custody the child If required by exigent circumstances the court may authorize law enforcement ficers to make a forcible entry at.     CHAPTER 61 PROTECTION FROM ABUSE   Sec. (J) Unlawful discipline suspension or discharge Notwithstanding any other provision the general statutes to the contrary no employer may discipline suspend or discharge an employee because any wage execution against the employee unless the employer is served with more than seven wage executions against the employee in a calendar year An employer who violates this subsection shall be liable to the employee for all earnings and all employment benefits lost by the employee from the time the unlawful discipline suspension or discharge to the time reinstatement (k) Status defendant Notwithstanding any provision law the remedy provided by this section shall be available to any judgment creditor and the status the defendant as an elected or appointed ficial any branch the government this state may not be interposed as a defense. (2)  The background certifications may not be used and shall not be valid to satisfy the requirements for employment under section 6344(b) or any other law for which a similar background check may be required (3)  Background certifications shall only be provided free charge to a volunteer once every 57 months (4)  The volunteer swears or affirms in writing under penalty 18 Pa.C.S § 4904 (relating to unsworn falsification to authorities) the following: (B)  Relief.--The petition must specify the relief sought The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by Federal law for use in cases filed by a support enforcement agency 23c7311v ( P. eff imd.)   (H)  Nondisclosure.--All copies the safekeeping permit issued under subsection (b)(2) retained by the sheriff and the affidavits and forms obtained under subsection (b)(3) and (4) shall not be subject to access under the act J (P. ) referred to as the Right-to-Know Law (i)  Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection: (E) Pending the hearing the execution against the property shall be stayed Such property other than earnings shall continue to be held by the person in possession subject to the determination the court No earnings claimed to be exempt or subject to a claim for modification may be withheld from any employee until determination the claim (f) The court shall promptly hear and determine all such claims (g) Failure by a judgment debtor to file a claim under this section shall not relieve the judgment creditor or levying ficer from liability for return any exempt property which has been levied on or for payment to the judgment debtor any proceeds realized from the sale there provided title to any such exempt property sold at an execution sale shall remain in any bona fide purchaser there. § 7613  Jurisdiction to modify child support order another state when individual parties reside in this State § 7614  Notice to issuing tribunal modification   2015 Amendment  Act 15 amended subsecs (e) and (f) 2014 Amendment  Act 153 added section 6344.3 Special Provisions in Appendix  See section 15 Act 153 2014 in the appendix to this title for special provisions relating to study by Department Human Services Subsection (b) section 7101 no longer exists The definitions are now contained in section 7101.1 23c4309s § 4309  Publication delinquent support obligors. Sec 52-386 Stay execution when debt is not payable When it appears on the hearing any scire facias founded on a foreign attachment that the debt due the principal is not yet payable the court shall direct the execution to be stayed until the time the debt would have become payable; and when the debt was not payable at the time the demand was made on the execution the court shall allow the garnishee his reasonable costs for defending against such scire facias to be deducted out the debt so due (1949 Rev S 8130.) Cited. (M)  An acknowledgment that the third party shall inform the sheriff any change address for the third party within seven days the change address (A)  General rule.--The county agency shall be the sole civil agency responsible for receiving and investigating all reports child abuse made pursuant to this chapter specifically including but not limited to reports child abuse in facilities operated by the department and other public agencies for the purpose providing protective services to prevent further abuses to children and to provide or arrange for and monitor the provision those services necessary to safeguard and ensure the well-being and development the child and to preserve and stabilize family life wherever appropriate   2015 Repeal  Section 7102 was repealed Decem P. effective immediately 23c7103s § 7103  State tribunal and support enforcement agency. (4)  If an authorization form is filed provide identifying information to the requester (h)  Deceased birth parent.--If the requester is an adoptee seeking information about a birth parent and the birth parent is deceased any information on file regarding the deceased birth parent may be disclosed 23c2935s § 2935  Confidentiality. ( P. eff 180 days; Apr 7 2014 P. eff ; P. eff ; P. eff ; July 1 2015 P. eff imd.)   2015 Amendment  Act 15 amended the section heading and subsecs (a) and (c) (A)  General rule.--Subject to the rules set forth in Chapter 53 (relating to child custody) providing for the confidentiality procedures addresses and other identifying information in a child custody proceeding each party in its first pleading or in an attached affidavit shall give information if reasonably ascertainable under oath as to the child's present address or whereabouts the places where the child has lived during the last five years and the names and present addresses the persons with whom the child has lived during that period The pleading or affidavit must state whether. (B)  Reports from county agencies.--To assist the department in preparing its annual report and the quarterly reports required under subsection (c) each county agency shall submit a quarterly report to the department including at a minimum the following information on an aggregate basis regarding general protective services and child protective services: (1)  The number referrals received and referrals accepted (2)  The number children over whom the agency maintains continuing supervision. (I)  reducing the likelihood future child fatalities and near fatalities directly related to child abuse and neglect; (II)  monitoring and inspection county agencies; and (III)  collaboration community agencies and service providers to prevent child abuse and neglect In no event shall a standby guardian be required to post bond prior to the occurrence the triggering event The court may require a bond if the standby guardian is designated the coguardian or guardian the estate a minor but will not require a bond for the coguardianship or guardianship the person a minor 23c5701h     (B)  Information to be submitted.--An individual identified in subsection (a)(7) or (8) at the time the individual meets the description set forth in subsection (a)(7) or (8) and an individual identified in subsection (a)(1) (2) (3) (4) (5) or (6) (a.1) or (a.2) prior to the commencement employment or service or in accordance with section 6344.4 shall be required to submit the following information to an employer administrator supervisor or other person responsible for employment decisions or involved in the selection volunteers: Enactment  Chapter 71 was added April 4 1996 P. effective immediately Cross References  Chapter 71 is referred to in sections 7105 7210 7613 77A02 this title 23c7101s § 7101  Short. (D) Except as provided in section 52-367b a judgment debtor may claim an exemption as to property or earnings sought to be levied on or may seek a modification a wage execution in a supplemental proceeding to the original action by return a signed exemption claim form indicating the property or earnings claimed to be exempt or the nature the claim for modification being made the class any exemption claimed and the name and address any employer or other person holding such property or earnings to the Superior Court Any claim with respect to a personal property execution under section 52-356a shall be returned within twenty days after levy on such property On receipt the claim the clerk the court shall promptly set the matter for a short calendar hearing and give notice the exemption or modification claimed and the hearing date to all parties and to any employer or other third person holding such property or earnings. (B)   performed by parties.--If the was solemnized by the parties themselves the original certificate shall be signed by the parties to the attested by two witnesses and retained by the parties contracting the The duplicate certificate shall be signed by the parties to the attested by the same two witnesses and returned for recording within ten days to the court issuing the license 23c1701h     Cross References  Section 6504 is referred to in sections 6502 6504.1 6504.2 this title § 6504.1  Police ficers accepting newborns (a)  Duties.--A police ficer at a police station shall do all the following relating to a newborn accepted under this chapter: 1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support 23c7606s § 7606  Procedure to contest validity or enforcement registered support order. (C)  Parental rights.--The commencement a coguardian's or guardian's authority under this subchapter may not itself divest a parent or legal guardian 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 a triggering event shall become inactive and the coguardian shall return to having no authority Failure 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 competent jurisdiction "safekeeping."  The secure custody firearms other weapons or ammunition which were ordered relinquished by an active protection from abuse order "Third party."  A person other than the defendant who: (1)  Is not a member the defendant's household (2)  Is not prohibited from possessing firearms pursuant to any Federal or. (1)  If an employee or volunteer subject to section 6344 (relating to employees having contact with children; adoptive and foster parents) or 6344.2 (relating to volunteers having contact with children) is arrested for or convicted an fense that would constitute grounds for denying employment or participation in a program activity or service under this chapter or is named as a perpetrator in a founded or indicated report the employee or volunteer shall provide the administrator or designee with written notice not later than 72 hours after the arrest conviction or notification that the person has been listed as a perpetrator in the Statewide database § 8302 - § 8303 (Repealed) 23c101h    . (July 2 2014 P. eff 60 days)   2014 Amendment  Act 91 added section 6504.1 Cross References  Section 6504.1 is referred to in sections 6504 6505. (Ii)  Require all persons applying for the renewal a license or certification issued by the licensing board to submit documentation acceptable to the licensing board the completion at least two hours approved continuing education per licensure cycle Continuing education shall address but shall not be limited to recognition the signs child abuse and the reporting requirements for suspected child abuse in this Commonwealth Continuing education curricula shall be approved by the licensing board in consultation with the department The two hours continuing education on child abuse recognition and reporting shall be completed by each licensee as a portion the total continuing education required for biennial license renewal § 77A07  Contest registered convention support order § 77A08  Recognition and enforcement registered convention support order § 77A09  Partial enforcement (B) The farm animals and livestock feed which are reasonably required by a farm partnership in the course its occupation shall be exempt All moneys due the farm partnership from any insurance company on any insurance policy issued on such property shall also be exempt to the same extent that the property was exempt (P.A 92-94 S 3 4; P.A 14-122 S 187.) History: P.A 14-122 made technical changes in Subsec (a). B  Procedure C  Attacks Upon Decrees   Enactment  Chapter 33 was added Decem P. effective in 90 days   (B)  Nothing in this act shall repeal modify or supplant section 7 the act Febru (P. ) entitled "An act amending the act April 2 1980 (P. ) entitled 'An act consolidating revising and amending the divorce and laws the Commonwealth and making certain repeals,' further providing for grounds for divorce enforcement foreign decrees procedure jurisdiction marital property relief and alimony; providing for agreements between parties; making editorial changes; and making a repeal." * * *   (B)  Relief.--If a party presents evidence establishing a full or partial defense under subsection (a) a tribunal may stay enforcement a registered support order continue the proceeding to permit production additional relevant evidence and issue other appropriate orders An uncontested portion the registered support order may be enforced by all remedies available under the law this State (c)  Affirmance.--If the contesting party does not establish a defense under subsection (a) to the validity or enforcement a registered support order the registering tribunal shall issue an order confirming. (1)  Subject to the restrictions under section 6344(b.3) (relating to employees having contact with children; adoptive and foster parents) if an individual's certifications are current under section 6344.4 (relating to recertification) and the individual completes an affirmation under paragraph (2) the individual may use the certifications as follows: (i)  to apply for employment as identified in section 6344 (relating to employees having contact with children; adoptive and foster parents); "foreign protection order."  A protection order as defined by 18 U.S.C § 2266 (relating to definitions) issued by a comparable court another state the District Columbia Indian tribe or territory possession or commonwealth the United States "Hearing ficer."  A magisterial district judge judge the Philadelphia Municipal Court arraignment court magistrate appointed under 42 Pa.C.S § 1123 (relating to jurisdiction and venue) master appointed under 42 Pa.C.S § 1126 (relating to masters) and master for emergency relief (F)  Costs.--The court may order a party to pay all or part the costs the counseling and evaluations under this section 23c5329v ( P. eff 60 days; Oct 1 2015 P. eff 60 days; May 4 2018 P. eff 60 days)   (11)  The amendment 23 Pa.C.S § 3506 shall apply to all orders made on or after the effective date this paragraph (J P.L.7 No.4 eff imd.)   2005 Repeal  Act 5 repealed par (7) 2005 Amendment  Act 66 added section 6108.2 References in Text  The act J (P. ) referred to as the Right-to-Know Law referred to in subsec (f) was repealed by the act Febru (P.L.6 No.3) known as the Right-to-Know Law Cross References  Section 6108.2 is referred to in sections 6108 6108.3 this title; sections 6105 6106 Title 18 (Crimes and fenses) "subject the report."  Any child parent guardian or other person responsible for the welfare a child or any alleged or actual perpetrator in a report made to the department or a county agency under this chapter "Substantial evidence."  Evidence which outweighs inconsistent evidence and which a reasonable person would accept as adequate to support a conclusion "Substantiated child abuse."  Child abuse as to which there is an indicated report or founded report Nothing in this act shall be construed or deemed to provide magisterial district judges with retirement benefits or rights that are different from those available to district justices or justices the peace immediately prior to the effective date this act Nothing in this act shall be construed or deemed to provide senior magisterial district judges with retirement benefits or rights that are different from those available to senior district justices immediately prior to the effective date this act     (2)  Where the payee cannot be located and it becomes impossible to forward payments (3)  The result would be unconscionable (i)  Notice to employer.--The employer an obligor shall be given notice the attachment as provided by the Rules Civil Procedure governing support This notice shall include reference to subsections (g) (k) (l) (n) and (o) and all the following: (B)  Response to reports referred to county agency by department.--Upon receipt a report suspected child abuse from the department the county agency shall immediately commence an investigation and see the child within the following time frames: (1)  Immediately if: (i)  emergency protective custody is required has been or will be taken; or (9)  Increase the amount monthly support payments for the payment arrearages as may be provided by general rule or previous court order (10)  Issue orders in cases where there is a support arrearage to secure assets to satisfy current support obligation and the arrearage by: (i)  Intercepting or seizing periodic or lump sum payments from a government agency including unemployment compensation workers' compensation and other benefits § 2737  Modification agreement § 2738  Enforcement agreement § 2739  Discontinuance agreement Cross References  Section 77A09 is referred to in section 77A05 this title 23c77A10s § 77A10  Foreign support agreement (a)  Recognition and enforcement.--Except as otherwise provided in subsections (c) and (d) a tribunal this State shall recognize and enforce a foreign support agreement registered in. 4322.  support guideline 4323.  Support emancipated child 4324.  Inclusion spousal medical support 4325.  Payment order support. 1994 Amendment.  Act 151 added section 6373 23c6374s § 6374  Principles and goals general protective services (a)  Primary purpose.--The primary purpose general protective services is to protect the rights and welfare children so that they have an opportunity for healthy growth and development § 6306  Regulations The department shall promulgate regulations necessary to implement this chapter 23c6306v (Apr 7 2014 P. eff )   (B)  Inaction.--If the nonregistering party fails to contest the validity or enforcement the registered support order in a timely manner the order is confirmed by operation law (c)  Hearing.--If a nonregistering party requests a hearing to contest the validity or enforcement the registered support order the registering tribunal shall schedule the matter for hearing and give notice to the parties the date time and place the hearing 2013 Amendment  Act 123 amended subsecs (b) and (c) 2008 Amendment  Act 33 added subsecs (d) (e) and (f) 2002 Amendment  Act 201 amended subsec (a) Cross References  Section 6365 is referred to in sections 6334.1 6340 6343.1 6368 6509.   PART V  SUPPORT PROPERTY AND CONTRACTS   Chapter 41  General Provisions     CHAPTER 27 PETITION FOR ADOPTION   Subchapter (B)  Optional registration.--PACE may also register children where restoration to the biological family is neither possible nor appropriate a petition to terminate parental rights has been filed and adoption is planned pending identification an adoptive parent or parents However information about these children shall not be publicized without prior approval by the department which shall ensure the anonymity these children until such time as parental rights are terminated ( P. eff Jan 1 1998; P. eff imd.)   1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support (A)  pro 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. § 7305  Duties and powers responding tribunal (a)  Filing and notice.--If a responding tribunal this State receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 7301(c) (relating to proceedings under this part) it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed (b)  Action.--A responding tribunal this State to the extent otherwise not prohibited by law may do any the following: (4)  If any the information set forth in paragraph (3) is not known when the notice is sent but is later made known to the party proposing the relocation then that party shall promptly inform every individual who received notice under this subsection (d)  Objection to proposed relocation.-- (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 children who are sex trafficking victims The report shall be submitted in the form and by the deadline prescribed by the department § 6338  Disposition founded and indicated reports (a)  General rule.--When a report suspected child abuse is determined by the appropriate county agency to be a founded report or an indicated report the status the report shall be changed from pending to founded or indicated in the Statewide database Notice the determination that a report is a founded indicated or unfounded report shall be made as provided in section 6368(f) (relating to investigation reports) (C)  Jurisdiction.--The court shall exercise Statewide jurisdiction over the parties to a proceeding under this chapter 23c4341v ( P. eff Jan 1 1998)   (5)  as a prerequisite to exercising custody or visitation a requirement that the respondent provide: (i)  to the United States Department State fice Children's Issues and the relevant foreign consulate or embassy an authenticated copy the order detailing passport and travel restrictions for the child; (ii)  to. § 5471  Intrastate application The provisions this chapter allocating jurisdiction and functions between and among courts different states shall also allocate jurisdiction and functions between and among the courts common pleas this Commonwealth 23c5481h     If requested by the petitioners the decree may provide that the adoptee shall assume the name the adopting parent or parents and any given first or middle names that may be chosen 23c2905s § 2905  Impounding proceedings and access to records (Repealed) 23c2905v   (13) “Money judgment” means a judgment order or decree the court calling in whole or in part for the payment a sum money other than a family support judgment Money judgment includes any such money judgment a small claims session the Superior Court any foreign money judgment filed with the Superior Court pursuant to the general statutes and in IV-D cases overdue support in the amount five hundred dollars or more accruing after the entry an initial family support judgment (14) “Person” includes an individual a partnership an association a limited liability company or a corporation. Cross References  Section 7317 is referred to in section 7210 this title 23c7318s § 7318  Assistance with discovery A tribunal this State may do all the following: ( P. eff July 1 1996; P. eff Mar 1 1999; Apr 7 2014 P. eff )   Cross References  Section 6337 is referred to in sections 6336 6349. Subsec (b) is clear and unambiguous and requires the court to grant a protective order to bar enforcement a stipulated judgment that is determined to be usurious as a matter law and therefore an illegal levy 133 CA 773 Prospective action by divorcing spouse to recover monies does not constitute illegal levy under Subsec (b) entitling spouse who may be target action to a protective order. (4)  An intermediate unit (5)  A charter school or regional charter school (6)  A cyber charter school (7)  A private school licensed under the act Janu (P. ) known as the Private Academic Schools Act Any rights to seek physical custody or legal custody rights and any custody rights that have been granted under section 5324 (relating to standing for any form physical custody or legal custody) or 5325 (relating to standing for partial physical custody and supervised physical custody) to a grandparent or great-grandparent prior to the adoption the child by an individual other than a stepparent grandparent or great-grandparent shall be automatically terminated upon such adoption 23c5327s § 5327  Presumption in cases concerning primary physical custody. Within 30 days after issuance a modified child support order the party obtaining the modification shall file a certified copy the order with the issuing tribunal that had continuing exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order had been registered A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue failure to file arises The failure to file does not affect the validity or enforceability the modified order the new tribunal having continuing exclusive jurisdiction (D)  Time for submission.--The information required under subsection (b) shall be submitted by the employer to the Commonwealth directory new hires no later than 20 days from the date hire a newly hired employee In the case a magnetic or electronic transmission the information the employer may comply by making two monthly transmissions not less than 12 days nor more than 16 days apart 23c4392v   (1)  The Department 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 Public Welfare and the county children and youth social service agency shall fully cooperate with the governing authority in order to implement the provisions this section (3)  The governing authority shall develop procedures to implement the provisions this section (A.1)  Jurisdiction.--A court shall have jurisdiction over indirect criminal contempt charges for violation 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 a foreign protection order in the county where the violation occurred § 7310  Duties department (a)  Designation.--The department is the State information agency under this part (b)  Duties.--The department shall do all the following: (2)  provides adoption services "Agreement."  A voluntary written agreement between an adoptive parent and a birth relative that is approved by a court and provides for continuing contact or communication between the child and the birth relative or between the adoptive parent and the birth relative as provided under this subchapter "Birth relative."  A parent grandparent stepparent sibling uncle or aunt the child's birth family whether the relationship is by blood or adoption   Chapter 33  Dissolution Marital Status   Subchapter A  General Provisions   § 6102  Definitions (a)  General rule.--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: "Abuse."  The occurrence one or more the following acts between family or household members sexual or intimate partners or persons who share biological parenthood: A confirmed order has the following effect: (1)  It confers continuing exclusive jurisdiction to the responding tribunal which registered the order (2)  It eliminates the jurisdiction the tribunal which issued the order or requested that the order be registered (K) If such financial institution fails or refuses to pay over to such serving ficer the amount such debt not exceeding the amount due on such execution such financial institution shall be liable in an action therefor to the judgment creditor named in such execution and the amount so recovered by such judgment creditor shall be applied toward the payment the amount due on such execution (l) Except as provided in subsection (k) this section no financial institution or any ficer director or employee such financial institution shall be liable to any person with respect to any act done or omitted in good faith or through the commission a bona fide error that occurred despite reasonable procedures maintained by the financial institution to prevent such errors in complying with the provisions this section. Proceedings for voluntary relinquishment involuntary termination and adoption may be brought in the court the county: (1)  Where the parent or parents or the adoptee or the person or persons who have filed a report intention to adopt required by section 2531 (relating to report intention to adopt) reside (2)  In which is located an fice an agency having custody the adoptee or in the county where the agency having placed the adoptee is located ( P. eff imd.)   Cross References  Section 7613 is referred to in sections 7610 7611 this title 23c7614s § 7614  Notice to issuing tribunal modification. (A)  Information sharing.--In accordance with section 6340(a)(5.1) (relating to release information in confidential reports) where a party seeks any form custody subject to the examination 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 a crime under 18 Pa.C.S (relating to crimes and fenses) which would constitute abuse under Chapter 63: § 4105  Loans between married persons A married person may loan the other spouse money from the separate estate the married person and take in security therefor a judgment or mortgage against the property the other spouse which shall be valid as otherwise provided by law 23c4106s § 4106  Construction chapter. ( P. eff imd.)   Cross References  Section 7607 is referred to in sections 7606 77A07 this title 23c7608s § 7608  Confirmed order. 5202  Definitions 5203  Cooperation and communication among courts 5204  Actions for abduction prevention measures 5205  Jurisdiction 5206  Contents petition. (C)  Noncompliance with child-care personnel regulations.--An administrator or other person responsible for employment decisions in a child-care facility or program who willfully fails to comply with the provisions section 6344 (relating to employees having contact with children; adoptive and foster parents) commits a violation this chapter and shall be subject to a civil penalty as provided in this subsection The department shall have jurisdiction to determine violations section 6344 and may following a hearing assess a civil penalty not to exceed $2,500 The civil penalty shall be payable to the Commonwealth § 8203  Credit for payments Amounts collected and credited for a particular period pursuant to a support order issued by one tribunal must be credited against the amounts accruing or accrued for the same period under a support order issued by another tribunal 23c8301h     (C)  Right to file personal and medical history information.--At the time the decree termination is transmitted to the parent whose rights have been terminated the court shall advise the parent in writing his or her continuing right to place and update personal and medical history information whether or not the medical condition is in existence or discoverable at the time adoption on file with the court and with the Department Public Welfare pursuant to Subchapter B Chapter 29 (relating to records and access to information) "recreational license."  A hunting or fishing license 23c4355v (July 2 1993 P. eff 60 days; P. eff Jan 1 1998; P. eff imd.)   (8)  The standard living the parties established during the (9)  The relative education the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment (10)  The relative assets and liabilities the parties (11)  The property brought to the by either party. (E)  Encumbrance or disposition to third parties.--An encumbrance or disposition marital property to third persons who paid wholly inadequate consideration for the property may be deemed fraudulent and declared void 23c3505v ( P. eff 60 days)   (Oct 6 1994 P. eff 60 days)   Cross References.  Section 6116 is referred to in section 6102 this title 23c6117s § 6117  Procedure and other remedies. (2)  The age developmental stage needs the child and the likely impact the relocation will have on the child's physical educational and emotional development taking into consideration any special needs the child (3)  The feasibility preserving the relationship between the nonrelocating party and the child through suitable custody arrangements considering the logistics and financial circumstances the parties (4)  The child's preference taking into consideration the age and maturity. (B)  Receipt and grounds appeal.--Appeals must be received by the county agency within 45 days the date when the notice was mailed to the custodial parent or person who has primary responsibility for the welfare a child Requests must be made on the grounds that the child is or is not at risk abuse or neglect (1)  The amendment the definition "separate and apart" in 23 Pa.C.S § 3103 shall apply to complaints served before on or after the effective date this paragraph (2)  The addition 23 Pa.C.S § 3106 shall apply to premarital agreements executed on or after the effective date this paragraph (3)  The amendment or addition 23 Pa.C.S § 3323(c) and (c.1) shall apply to bifurcation proceedings commenced on or after the effective date this paragraph (C)  Review request for waiver.--The fice Victim Advocate shall promptly conduct a review all requests received pursuant to this section In conducting a review the fice Victim Advocate shall consider all information received pursuant to subsections (a) and (b) and any other appropriate information that the fice Victim Advocate may require (d)  Criteria for granting a request for waiver.--The fice Victim Advocate shall grant a State or local government agency's request for waiver and release a program participant's actual address pursuant to this section if: (Iii)  A telephone number and mailing address where guidance materials can be requested by individuals who cannot access the department's Internet website (4)  The department shall implement this subsection within 180 days the effective date this subsection (b)  Duties Department State.-- (D)  Notification availability counseling.--Whenever section 3301(a)(6) (c) or (d) is the ground for divorce the court shall upon the commencement an action under this part notify both parties the availability counseling and upon request provide both parties a list qualified pressionals who provide such services (e)  Choice qualified pressionals unrestricted.--The choice a qualified pressional shall be at the option the parties and the pressional need not be selected from the list provided by. (4)  An employer that is not required to make payments to the State disbursement unit in accordance with this subsection may voluntarily remit support payments through electronic funds transfer to the State disbursement unit (b.1)  Penalty.--The department may impose a civil penalty up to $1,000 per violation following notice and hearing upon an employer who willfully fails to comply with the electronic funds transfer payment provisions this section 6339  Confidentiality reports 6340  Release information in confidential reports 6340.1 Exchange information 6341  Amendment or expunction information 6342  Studies data in records. (I)  a criminal fense set forth under section 6344.3 (relating to grounds for denying employment or participation in program activity or service) not including an fense under 18 Pa.C.S § 4304 (relating to endangering welfare children) or an equivalent crime under Federal law or law another state; or (ii)  child abuse under section 6334.1 (relating to responsibility for investigation). History: P.A 84-527 added Subsec (b) prohibiting the issuance a capias unless the person has failed to appear in court in response to a subpoena. D  Intrastate Application E  Miscellaneous Provisions   Enactment  Chapter 54 was added J P. effective in. (12)  Respond to a request for assistance received from another state The response shall confirm the receipt the request the action taken and the amount support collected and specify any additional information or action required the requesting tribunal to obtain enforcement the child support obligation (c)  Civil penalty.--In addition to initiating contempt proceedings the domestic relations section may assess a civil administrative penalty up to $1,000 per violation upon any person or entity which fails to comply with a subpoena or request for information under subsection (b)(2) (A)  General rule.--For purposes enhancing child support enforcement activities including the location individuals the establishment paternity and the enforcement child support obligations pursuant to this subchapter a Commonwealth directory new hires shall be established within the Department Labor and Industry (A)  Instruction and education.--Each county agency shall make available among its services for the prevention and treatment child abuse instruction and education for parenthood and parenting skills protective and preventive social counseling outreach and counseling services to prevent newborn abandonment emergency caretaker services emergency shelter care emergency medical services and the establishment self-help groups organized for the prevention and treatment child abuse part-day services out--home placement services therapeutic activities for child and family directed at alleviating conditions that present a risk to the safety and well-being a child and any other services required by department regulations (Xii)  Unlawful contact with a minor as defined in 18 Pa.C.S § 6318 (relating to unlawful contact with minor) (xiii)  Sexual exploitation as defined in 18 Pa.C.S. § 6320 (relating to sexual exploitation children) "Student."  An individual enrolled in a public or private school intermediate unit or area vocational-technical school who is under 18. (Iii)  a description and the location property the obligor in this State not exempt from execution (5)  Except as set forth in section 7312 (relating to nondisclosure information in exceptional circumstances) the name and address the obligee and if applicable the agency or person to whom support payments are to be remitted Part VIII-A INTRASTATE FAMILY SUPPORT   Chapter 81  General Provisions (3)  For renewals certification required under this chapter the date for required renewal under this section shall be from the date the oldest certification under section 6344(b) ( P. eff ; July 1 2015 P. eff imd.)   (3)  An employer administrator supervisor other person responsible for employment decisions or other person responsible for the selection volunteers shall make a determination employment or volunteer matters based on a review the information required under section 6344(b) prior to employment or acceptance to service in any such capacity and must maintain a copy the required information (g)  Written notice new arrest conviction or substantiated. (Oct 6 1994 P. eff 60 days) 23c6113s § 6113  Arrest for violation order. "grounds for divorce."  The grounds enumerated in section 3301 (relating to grounds for divorce) "Irretrievable breakdown."  Estrangement due to marital difficulties with no reasonable prospect reconciliation "Personal injury crime."  An act that constitutes a misdemeanor or felony under any the following or criminal attempt solicitation or conspiracy to commit any the following: Cited 234 C 194 (Return to ChapterTable Contents) (Return toList Chapters) (Return toList Titles) Sec 52-362g Notice by IV-D agency for collection current or past due child support payments Any written notice sent by or on behalf the IV-D agency for the purpose collection current or past due child support payments shall if such notice contains possible sanctions for failure to make payments describe the obligor's right to (1) move for modification the court order (2) a hearing prior to imposition any sanctions and (3) appointment counsel prior to incarceration for contempt if the obligor is indigent (P.A 91-391. D  Organization and Responsibilities Child Protective        Service E  Miscellaneous Provisions   Enactment  Chapter 63 was added Decem P. effective in. (H)  Filing exceptions.--A State or local government agency may file written exceptions with the fice Victim Advocate no more than 15 days after written notification is provided pursuant to subsection (g) The exceptions shall restate the information contained in the request for waiver state the grounds upon which the agency asserts that the request for waiver should be granted and specifically respond to the fice Victim Advocate's specific reasons for denial A woman may not marry her first cousin 23c1304v ( P. eff 60 days; J P. eff imd.)   1997 Repeal  Act 35 repealed subsec (a) 1993 Amendment  Section 7 Act 62 provided that subsec (c) shall apply to actions pending on the effective date Act 62 under section 8(3) Act 62 References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services by Act 132 2014 23c4307s § 4307  State income tax intercept. § 7204  Simultaneous proceedings § 7205  Continuing exclusive jurisdiction to modify child support orders § 7206  Continuing jurisdiction to enforce child support orders (A)  Order for installment payments.--Upon plea and pro 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 money owed in installments appropriate to the circumstances the person and shall fix the amounts times and manner payment (b)  Use credit cards.--The treasurer each county may allow the use credit cards and bank cards in the payment money owed under this chapter (G)  Defensive force.--Reasonable force for self-defense or the defense another individual consistent with the provisions 18 Pa.C.S §§ 505 (relating to use force in self-protection) and 506 (relating to use force for the protection other persons) shall not be considered child abuse 23c6304v ( P. eff )     References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services by Act 132 2014 The short title the act J P. known as the Public Welfare Code referred to in the definition "county agency," was amended by the act Decem P. The amended short title is now the Human Services Code 2008 Amendment  Act 98 amended the def "hearing ficer" in subsec (a) Section 10 Act 98 provided that nothing in Act 98 shall be construed or deemed to provide arraignment court magistrates with retirement benefits or rights different from those availiable to bail commissioners immediately prior to the effective date Amendment  Act 66 amended the defs "confidential communications" and "hearing ficer" and added the defs "firearm," "master for emergency relief," "other weapon," "safekeeping permit," "sheriff" and "weapon" in subsec (a) § 6351 - § 6353.4 (Repealed)   Subchapter C.2  Background Checks for Employment in Schools (Repealed)   (4)  The information registry established under Subchapter C (relating to information registry) (b)  Individuals authorized to file and request.--The following individuals may at any time file update and request a statement regarding medical and social history information: (1)  An adoptee who is 18 years age. (1)  has participated as a party or witness or in any other capacity in any other proceeding concerning the custody or visitation with the child and if so identify the court the case number and the date the child custody determination if any; (2)  knows any proceeding that could affect the current proceeding including proceedings for enforcement and proceedings relating to domestic violence protective orders termination parental rights and adoptions and if so identify the court the case number and the nature the proceeding; and   Cross References.  Section 1501 is referred to in section 1502 this title 23c1502s § 1502  Forms where parties perform ceremony. (B)  Suit.-- (1)  A public body or public agency may sue the owner property referred to in this subsection for money expended (2)  Except as set forth in paragraph (3) or subsection (c) the following apply: (i)  A judgment obtained under this subsection shall be a lien upon the estate the defendant and may be collected as other judgments Subchapter E PENNSYLVANIA ADOPTION COOPERATIVE EXCHANGE   Sec 2551.  Definitions. 2921  Establishment registry 2922  Informational material 2923  Filing information with registry 2924  Who may request information from registry 2925  Providing information from registry. § 6114.1 Civil contempt or modification for violation an order or agreement § 6115  Reporting abuse and immunity § 6116  Confidentiality (L)  Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection: "Birth-related expenses."  Costs reasonable and necessary health care for the mother or child or both incurred before during or after the birth a child born in or out wedlock which are the result the pregnancy or birth and which benefit either the mother or child Charges not related to the pregnancy or birth shall be excluded (Ii)  If the program activity or service is an internship externship work study co-op or similar program an adult applying for or holding a paid position with an employer that participates in the internship externship work study co-op or similar program with a school and whom the employer and the school identify as the child's supervisor and the person responsible for the child's welfare while the child participates in the program with the employer The adult identified under this subparagraph as the person responsible for the child's welfare is required to be in the immediate vicinity at regular intervals with the child during the program (1)  Notwithstanding any other provision law a signed voluntary witnessed acknowledgment paternity subject to 18 Pa.C.S § 4904 shall be considered a legal finding paternity subject to the right any signatory to rescind the acknowledgment within the earlier the following: (i)  sixty days; or (E)  Recognition.--An order which has been determined to be the controlling order or a judgment for consolidated arrears support and interest if any made under this section must be recognized in proceedings under this part 23c7207v ( P. eff Jan 1 1998; P. eff imd.)     (Telephone number)" (Ii)  State and local tax and revenue records including information on residence address employer income and assets; (iii)  records real and titled personal property; (iv)  records occupational and pressional licenses; (v)  records the ownership and control corporations partnerships and other business entities;   1997 Repeal  Section 1305 was repealed J P. effective immediately 23c1306s § 1306  Oral examination. (6)  The adoptee's telephone number (7)  Any other information required by the Department Health but only to the extent the information is necessary for the Department Health to verify the identity the applicant locate the relevant records or provide the adoptee's noncertified copy original birth record to the adoptee (e)  Application procedures.--The Department Health shall develop policies and procedures necessary to comply with this section within 210 days the effective date this subsection   Chapter 84  Enforcement and Modification Support Order After Registration   Subchapter A  Registration Support Order   5450.  hearing and order 5451.  Warrant to take physical custody child 5452.  Costs fees and expenses 5453.  Recognition and enforcement 5454.  Appeals.   2017 DECEMBER 22 P.   § 7 Applicability This act shall apply as follows:   2018 Amendment  Act 10 amended the def "child abuse" in subsec (b.1)(8)(vii) 2016 Amendment  Act 115 added par (1)(vii) the def "perpetrator" in subsec (a) and added subsec (b.1)(10) ( P. eff imd.)   Cross References  Section 7316 is referred to in section 7210 this title 23c7317s § 7317  Communications between tribunals. 8101  Short title part and definitions 8102  Scope 8103  Remedies cumulative   Enactment  Chapter 81 was added April 4 1996 P. effective immediately (Ii)  A child shall not be liable for the support a parent who abandoned the child and persisted in the abandonment for a period ten years during the child's minority (b)  Amount.-- (1)  Except as set forth in paragraph (2) the amount liability shall be set by the court in the judicial district in which the indigent person resides   2004 Amendment.  Act 175 added section 3106 Section 5(2) Act 175 provided that section 3106 shall apply to premarital agreements executed on or after the effective date par (2) 23c3301h     (2)  The court shall not order an orientation session or mediation in a case where either party or child either party is or has been a subject domestic violence or child abuse at any time during the pendency an action under this part or within 24 months preceding the filing any action under this part (d)  Model guidelines.--The Supreme Court shall develop model guidelines for implementation this section and shall consult with experts on mediation and domestic violence in this Commonwealth in the development there The effective date this chapter shall not be delayed by virtue this subsection (2)  be paid to the public agency responsible for supervising the placement the child to the extent that the amounts collected exceed the foster care maintenance payments made with respect to the child during such periods but not the amounts required by a court or administrative order to be paid as support on behalf the child during such period and the responsible agency may use the payment in the manner it determines will serve the best interests the child including setting such payments aside for the child's future needs or making all or part there available to the person responsible for meeting the child's day-to-day needs; and (B)  Enforcement authority.--The department may administratively assess a civil penalty up to $5,000 per violation upon any person or entity that fails to comply with an order subpoena or request for information issued under subsection (a) The department may make application to any court common pleas or to the Commonwealth Court for purposes enforcing any subpoena or final administrative order Enactment  Chapter 55 was added Decem P. effective in 90 days 23c5501s § 5501  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: 2014 Amendment  Act 29 added section 6306 23c6311h     SUBCHAPTER B Subchapter E MISCELLANEOUS PROVISIONS   Sec 5481.  Application and construction. (C)  Additional information.--If the declaration as to any the items described in subsection (a)(1) through (3) is in the affirmative the declarant shall give additional information under oath as required by the court The court may examine the parties under oath as to details the information furnished and other matters pertinent to the court's jurisdiction and the disposition the case (d)  Duty to disclose other proceedings.--Each party has a continuing duty to inform the court any proceeding in this Commonwealth or any other state that could affect the current proceeding (A)  General rule.--An agreement shall be filed with the court that finalizes the adoption the child (b)  Conditions for approval.--The court shall approve the agreement if the court determines that: (C)  Limitations.--Chapter 77A applies only to a support proceeding under the convention In a proceeding if a provision Chapter 77A is inconsistent with Chapter 71 72 73 74 75 or 76 Chapter 77A shall control 23c7105v ( P. eff imd.)   Religion Both parties decide together / Plaintiff / Defendant Medical Care Both parties decide together / Plaintiff / Defendant Mental Health Care Both parties decide together / Plaintiff / Defendant Discipline Both parents decide together / Plaintiff / Defendant (3)  A sworn statement by the party seeking registration or a certified statement by the custodian the records showing the amount any arrearage (4)  The name the obligor and if known: (i)  the obligor's address and Social Security number; (ii)  the name and address the obligor's employer and any other source income the obligor; and (3)  $25 shall be forwarded to the Department Public Welfare for use for victims domestic violence in accordance with the provisions section 2333 the act April 9 1929 (P. ) known as The Administrative Code 1929 (d.1)  Limitation.--The surcharge allocated under subsection (d)(1) and (3) shall be used to supplement and not to supplant any other source funds received for the purpose carrying out the provisions this chapter   § 3331  Limitations on attacks upon decrees § 3332  Opening or vacating decrees     CHAPTER 82 JURISDICTION   Sec. (E)  Child victims and witnesses.--In addition to the provisions this section any consideration afforded to a child victim or witness pursuant to 42 Pa.C.S Ch 59 Subch D (relating to child victims and witnesses) in any prosecution or adjudication shall be afforded to a child in child abuse proceedings in court or in any department administrative hearing pursuant to section 6341 23c6381v ( P. eff July 1 1995; P. . There shall be established in the department a Statewide database protective services which shall include the following as provided by section 6336 (relating to information in Statewide database): (1)  Reports suspected child abuse pending investigation (2)  Reports with a status pending juvenile court or pending criminal court action. (A)  Studies.--The department may conduct or authorize the conducting studies the data contained in the Statewide database and by county agencies and distribute the results the studies No study may contain the name or other information by which a subject a report could be identified The department may allow Federal auditors access to nonidentifiable duplicates reports in the Statewide database if required for Federal financial participation in funding agencies   Chapter 17  Miscellaneous Provisions Relating to   § 1701  Decree that spouse applicant is presumed decedent (B)  Exclusive jurisdictional basis.--Subsection (a) is the exclusive jurisdictional basis for making a child custody determination by a court this Commonwealth (c)  Physical presence and personal jurisdiction unnecessary.--Physical presence or personal jurisdiction over a party or a child is not necessary or sufficient to make a child custody determination 23c5421v   (B) On motion a judgment debtor alleging that the judgment creditor is engaged in any illegal levy or in any other practices for the purpose collecting his judgment which violate state or federal law or on its own motion the court may render such protective order as justice requires (c) On motion the judgment debtor or an interested third person the court may direct the order execution against specified property the judgment debtor (P.A 83-581 S 20 40; P.A 84-527 S 11.) History: P.A 84-527 amended Subsec (b) by adding “any illegal levy or in any other” and deleting language restricting a protective order to one “restraining the judgment creditor” Cited. (A)  General rule.--Subject to additional definitions contained in subsequent provisions this title which are applicable to specific provisions this title the following words and phrases when used in this title shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Clerk court" or "clerk."  The personnel the fice the prothonotary or clerk the division the court having jurisdiction over the matter § 2914  Immunity from liability (a)  General rule.--A person or agency including the Commonwealth and any its governmental subdivisions that participates in good faith in providing services under this chapter has immunity from civil liability that may otherwise result by reason an action or a failure to act under this chapter (b)  Presumption good faith.--For the purpose a civil proceeding the good faith any person or agency that provides services pursuant to this chapter is presumed § 5329.1 Consideration child abuse and involvement with protective services § 5330  Consideration criminal charge § 5331  Parenting plan § 2512  Petition for involuntary termination § 2513  Hearing   Subchapter C  Decree Termination 2556.  related activities agencies unaffected 2557.  Regulations and staff 2558.  Retroactive application subchapter   "victim."  A person who is physically or sexually abused by a family or household member For purposes section 6116 (relating to confidentiality) a victim is a person against whom abuse is committed who consults a domestic violence counselor or advocate for the purpose securing advice counseling or assistance The term shall also include persons who have a significant relationship with the victim and who seek advice counseling or assistance from a domestic violence counselor or advocate regarding abuse the victim (Iii)  has not been convicted pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to any misdemeanor or felony fense under the laws this Commonwealth or an equivalent fense under the laws the United States or one its territories or possessions another state the District Columbia the Commonwealth 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; "reasonable cost."  Cost health care coverage that does not exceed 5% the party's net monthly income and if the obligor is to provide health care coverage the cost the premium when coupled with a cash child support obligation and other child support-related obligations does not exceed the amounts allowed by the Federal threshold set forth in the Consumer Credit Protection Act (Public Law 90-321 15 U.S.C § 1601. (Oct 6 1994 P. eff 60 days; J P. eff 60 days; P. eff 180 days)   2005 Amendment.  Act 66 amended subsec (d) Cross References.  Section 6104 is referred to in section 6105. (2)  Require the Social Security number an individual who has one on any application for a pressional or occupational license or certification; a permit; a driver's license including a commercial driver's license; a recreational license; or a license Collection 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 the application the government agency shall advise the applicant and shall keep the Social Security number on file at the agency (A)  Registration.--When a minor is adopted by a resident this Commonwealth and a final decree adoption is made or entered in conformity with the laws a foreign country the adopting parent shall file a properly authenticated copy the foreign decree adoption a copy the child's visa and either the child's birth certificate or some form birth identification with the clerk the court in the county residence the parent If the foreign decree 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 § 4346  Contempt for noncompliance with visitation or partial custody order (Repealed) § 4347  Security for attendance or performance § 4348  Attachment income (1)  The party proposing the relocation has the burden establishing that the relocation will serve the best interest the child as shown under the factors set forth in subsection (h) (2)  Each party has the burden establishing the integrity that party's motives in either seeking the relocation or seeking to prevent the relocation (j)  Failure to provide reasonable notice.--The court may consider a failure to provide reasonable notice a proposed relocation as: When a person receives or retains custody or physical care a child from an agency the report shall set forth only the name and address the agency the circumstances surrounding such person receiving or retaining custody or physical care the child and a copy the preplacement report prepared pursuant to section 2530 (c)  When report not required.--No report shall be required when the child is the child grandchild stepchild brother or sister the whole or half blood or niece or nephew by blood or adoption the person receiving or retaining custody or physical care (A.2)  Effect incarceration.--Incarceration except incarceration for nonpayment support shall constitute a material and substantial change in circumstance that may warrant modification or termination an order support where the obligor lacks verifiable income or assets sufficient to enforce and collect amounts due (b)  Notice.--Each party subject to an automatic child support review shall receive: (11)  If no birth certificate or certification registration birth can be obtained a statement the reason therefor (12)  A statement that medical history information was obtained and if not obtained a statement the reason therefor (c)  Appropriate relief.--The court may provide appropriate relief where it finds that the moneys or consideration reported or reportable pursuant to subsection (b)(8) are excessive (16)  A private residential rehabilitative institution as defined in section 914.1-A(c) the Public School Code 1949 "School employee."  An individual who is employed by a school or who provides a program activity or service sponsored by a school The term does not apply to administrative or other support personnel unless the administrative or other support personnel have direct contact with children "Secretary."  The Secretary Human Services the Commonwealth (I)  a direction that the petitioner place the child's name in the United States Department 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 both the parent and the child; and (iii)  a prohibition upon the respondent from applying on behalf the child for a new or replacement passport. (B)  Efforts to prevent need for 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 a child in foster care to prevent or eliminate the need for 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 (1)  shall apply the procedural and substantive law including the rules on choice law generally applicable to similar proceedings originating in this State and may exercise all powers and provide all remedies available in those proceedings; and (2)  shall determine the duty support and the amount payable in accordance with the law and support guidelines. 1995 Amendment  Act 76 amended subsecs (b) and (c) and added subsec (a)(8) Section 7 Act 76 provided that subsecs (b) and (c) shall take effect in 60 days and with regard to a child who has been removed from the care the parent by the court or under a voluntary agreement with an agency prior to the effective date Act 76 subsec (a)(8) shall take effect 12 months after the effective date Act 76 References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services. (A.1)  Delivery.--In any subsequent child support enforcement action between the parties upon sufficient showing that due diligence has been made to ascertain the location a party the court or the department may deem due process requirements for notice and service process to be met with respect to the party upon delivery written notice to the most recent residential address or employer address filed with the domestic relations section or the department pursuant to subsection (a) § 6701  Short title chapter § 6702  Definitions § 6703  Address Confidentiality Program § 6704  Persons eligible to apply § 6705  Application and certification process. 6365  Services for prevention investigation and treatment child abuse 6366  Continuous availability to receive reports 6367  Reports to department and coroner 6368  Investigation reports. § 6367  Reports to department and coroner (a)  Reports to department.--Upon the receipt each report suspected child abuse made pursuant to this chapter the county agency shall immediately transmit a child abuse report summary as provided in section 6313 (relating to reporting procedure) to the department Supplemental reports shall be made at regular intervals thereafter in a manner and form the department prescribes by regulation to the end that the department is kept fully informed and up-to-date concerning the status reports. (Ii)  substantial evidence is available in this Commonwealth concerning the child's care protection training and personal relationships; (3)  all courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court this Commonwealth is the more appropriate forum to determine the custody the child under section 5427 or 5428; or (4)  no court any other state would have jurisdiction under the criteria specified in paragraph (1) (2) or (3) (2)  An agency may decline to commence or conduct a search required under this chapter if the requester fails to pay the reasonable costs associated with commencing or conducting the search (3)  (i)  An agency that declines to conduct a search shall refer the request to the court that finalized the adoption and inform the court its reasons for declining the request (ii)  The agency shall notify the requester the referral and identify the court to which the referral. (6)  Keep account all payments made under order court and promptly bring to the attention the court and the district attorney any default in compliance with any order court (6.1)  In the case a dispute as to the amount an order support proposed by the domestic relations section issue a temporary order support pending judicial determination A temporary order support under this paragraph may not be for less than the full amount the proposed order support being disputed 6373  General protective services responsibilities county agency 6374  Principles and goals general protective services 6375  County agency requirements for general protective services 6376  Appeals with respect to general protective services. (P.a 83-581 S 13 40; P.A 84-527 S 9; P.A 87-196 S 2; May Sp Sess P.A 92-6 S 80 117; P.A 97-132 S 8; May 9 Sp Sess P.A 02-1 S 107; P.A 03-2 S 47; 03-107 S 9; 03-224 S 11; P.A 09-152 S 4; P.A 12-89 S 5 12; P.A 13-140 S 12; P.A 14-217 S 260; P.A 16-26 S 6; 16-64. (J P. eff 60 days)   2000 Amendment.  Act 59 amended the defs "designation" and "designator." 23c5603s § 5603  Scope.   Subchapter C  Hearings   § 2721  Notice hearing     SUBCHAPTER B CONTEST VALIDITY OR ENFORCEMENT   Consents   Sec 2711  Consents necessary to adoption 2712  Consents not naming adopting parents. (11)  The parent is required to register as a sexual fender under 42 Pa.C.S Ch 97 Subch H (relating to registration sexual fenders) or I (relating to continued registration sexual fenders) or to register with a sexual fender registry in another jurisdiction or foreign country (Iv)  A missing child report (v)  Severe forms trafficking in persons or sex trafficking as those terms are defined under section 103 the Trafficking Victims Protection Act 2000 (114 Stat 1466 22 U.S.C § 7102) (3)  After reasonable efforts required by paragraph (2) have been made the department shall enter a scheduling order and proceedings before the Bureau Hearings and Appeals shall commence within 90 days the date the scheduling order is entered unless all parties have agreed to a continuance Proceedings and hearings shall be scheduled to be heard on consecutive days whenever possible but if not on consecutive days then the proceeding or hearing shall be concluded not later than 30 days from commencement (G)  Notice.--Notice under subsection (f) shall constitute mailing the final determination to the recipient's last known address The determination is presumed received when not returned by the postal authorities as undeliverable If the determination is returned as undeliverable the entry in the Statewide database shall include information that the department was unable to provide notice No further efforts to provide notice shall be required except that the department shall resume reasonable efforts to provide notice if new information is received regarding the whereabouts an individual who is entitled to receive notice under subsection (f) (B)  Proceedings where loss exceeds liability.--In the event that actual loss as ascertained by the court or the judgment against the child exceeds $2,500 the parents shall be discharged from further liability by the payment $2,500 into court The court shall cause all aggrieved parties to submit itemized statements loss in writing and shall make distribution proportionately whether the claims be for injuries to the person or for theft destruction or loss property The court may take testimony to assist it in making proper distribution and may appoint a master to accomplish this purpose All costs and fees incurred in these proceedings shall be paid from the $2,500 paid. (2)  The preplacement report shall be based upon a study which shall include an investigation the home environment family life parenting skills age physical and mental health social cultural and religious background facilities and resources 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 the adopting parents as parents ( P. eff Jan 1 1998; P. eff imd.)   Cross References  Section 7605 is referred to in sections 7606 77A07. (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 (E) A support order registered under subsection (d) this section shall be enforceable by in the manner and with the effect as set forth for registered support orders another jurisdiction pursuant to section 52-362 A support order from another jurisdiction filed under this section shall not be subject to modification by a court or other agency this state except as provided in sections 46b-384 to 46b-387 inclusive Entry the order shall not confer jurisdiction on any court this state for any purpose other than income (f) Upon registration a support order from another jurisdiction pursuant to subsection (d) this section Family Support Magistrate Division or Support Enforcement Services the Superior Court acting on its behalf shall proceed as provided in section 46b-377. § 2925  Providing information from registry § 2926  Rules and regulations   Subchapter D  Release Information Table CONTENTS   TITLE 23 DOMESTIC RELATIONS   (4)  Obtain information concerning the location the obligor and the obligor's property within this State not exempt from execution by such means as postal verification; Federal or State locator services; examination telephone directories; requests for the obligor's address from employers; and examination governmental records including to the extent not prohibited by other law those relating to real property vital statistics law enforcement taxation motor vehicles driver's licenses and Social Security (5)  (Deleted by amendment). 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 Signed ‌ (ficial Title) (G)  Denial request for waiver.--Upon denial a State or local government agency's request for waiver the fice Victim Advocate shall provide prompt written notification to the agency stating that the agency's request has been denied and setting forth the specific reasons for the denial ( P. eff July 1 1995; P. ; P. eff 60 days; Nov 9 2006 P. eff 180 days; July 3 2008 P. eff 180 days; P. eff Jan 1 2014; Apr 7 2014 P. eff ; P. eff ; July 1 2015 P. eff imd.; P. eff imd.)   2016 Amendment  Act 115 added subsec (a)(9)(v) (A)  Notice changes affecting support.--An individual who is a party to a support proceeding shall notify the domestic relations section the department and the other parties in writing or by personal appearance within seven days any material change in circumstances relevant to the level support or the administration the support order including but not limited to: (1)  change employment; and (2)  change personal address or change address any child receiving support. (P.a 91-391 S 13; P.A 92-253 S 6.) History: P.A 92-253 added phrase “or submission to the commissioner administrative services for the from state income tax refunds”. § 4306  Duties Title IV-D attorney § 4307  State income tax intercept § 4308  Lottery winnings intercept Secs 52-368 to 52-380 Levy on: Interest one railroad in property another railroad; body execution; body for want bail; real estate; real estate voluntary association Return and record levy on real estate Levy on: Equity in real and personal estate; lands in different towns Appointment appraisers when town is interested Levy on equity redemption in different towns Charge illegal fees not to vitiate levy Levy on: Oyster beds; leases and franchises Sec 52-380a Judgment lien on real property Sec 52-380b (Formerly Sec 49-54) Judgment lien on property telephone or electric distribution company or association Sec 52-380c (Formerly Sec 49-40b) Judgment liens expired by limitation time. (D)  Hearing.--If a hearing is requested the secretary or his designated agent shall schedule a hearing pursuant to Article IV the act J (P. ) known as the Public Welfare Code and applicable department regulations The burden pro in the hearing shall be on the county agency The department shall assist the county agency as necessary (e)  Order.--The department is authorized and empowered to make any appropriate order regarding records to make them accurate or consistent with the requirements this chapter (C)  Procedure following arrest.--Subsequent to an arrest the defendant shall be taken by the police ficer or sheriff without unnecessary delay before the court in the judicial district where the contempt is alleged to have occurred When that court is unavailable the police ficer or sheriff shall convey the defendant to a magisterial district judge designated as appropriate by local rules court or in the city Pittsburgh to a magistrate the Pittsburgh Magistrates Court or in counties the first class to the appropriate hearing ficer For purposes procedure relating to arraignments for arrest for violation an order issued under this chapter the judges Pittsburgh Magistrates Court shall be deemed to be magisterial district judges (F)  Construction.--The provisions this section shall be construed to assist in the improvement services designed to identify and prevent child abuse The provisions shall not be construed to impede or interfere with criminal prosecutions persons who have committed. Sunday  Monday  Tuesday  Wednesday  Thursday  Friday  Saturday Describe where and when the child/children will be dropped f and/or picked up (day and time day)? Drop-f "department."  The Department of Public Welfare of the Commonwealth "Emergency services provider."  An emergency medical responder emergency medical technician advanced emergency medical technician or a paramedic as defined in 35 Pa.C.S § 8103 (relating to definitions) (C)  Certificated records.--The support enforcement agency this State receiving redirected payments from another state under a law similar to subsection (b) shall furnish to a requesting party or tribunal the other state a certified statement by the custodian the record the amount and dates all payments received 23c7319v ( P. eff imd.)   (E)  Costs and expenses to be borne by individual.--An individual convicted an fense under this section who is apprehended outside this Commonwealth shall in addition to any other sentence imposed be sentenced to pay the costs and expenses rendition 23c4354v ( P. eff imd.; Oct 9 2008 P. eff. (J)  Effect compliance by employer.--Compliance by an employer with an order attachment income that is regular on its face operates as a discharge the civil liability the employer to the obligor as to that portion the employment income the obligor affected An employer shall not be subject to criminal or civil liability to any individual or agency for conduct in compliance with the order The employer may deduct from the income the obligor a one-time fee $50 for reimbursement the expense in complying with the order In no case shall the employer's reimbursement be deducted from the amount the support order (k)  Effect noncompliance by employer.-- § 6385  Reimbursement to county agencies The department shall certify in accordance with the needs-based budgeting provisions Article VII the act J (P. ) known as the Public Welfare Code a level funds sufficient to meet the cost services required by the provisions this chapter which are reasonable and allowable as defined in Article VII 1998 Amendment  Act 127 amended subsecs (b) (c) and (h) Special Provisions in Appendix  See section 28 Act 207 2004 in the appendix to this title for special provisions relating to applicability See section 6 in the appendix to this title for special provisions relating to Department Public Welfare reports (Vii)  Law enforcement agents any jurisdiction as long as the information is relevant in the course investigating crimes involving the resource family (viii)  Appropriate ficials a private agency or another county or state regarding a resource family that has applied to become a resource family for that agency county or state (3)  At any time and upon written request a resource family may receive a copy all information pertaining to that resource family contained in the resource family registry Equitable Distribution Proceedings.  Section 1 Act 4 2005 provided that subsec (c) shall apply to all equitable distribution proceedings pending on or after the effective date section 1 23c3502s § 3502  Equitable division marital property. Sec 52-380f (Formerly Sec 49-50) Discharge judgment lien from property not needed to secure judgment Any person interested as a subsequent encumbrancer or otherwise in any real or personal property covered by a judgment lien may apply to the court for discharge the lien as to a portion the property alleging that the lien covers more than sufficient property to reasonably secure the judgment The court may on notice to all interested parties and on pro such allegation discharge from the lien any the property which is not needed for the reasonable security the judgment debt The judgment creditor shall release any property so discharged by sending a release sufficient under section 52-380d by first class mail postage prepaid to the judgment debtor (1949 Rev S 7231; P.A 79-602 S 107; P.A 83-581. 1982 Amendment.  Act 174 amended subsec (b) and added subsec (c) Cross References.  Section 2533 is referred to in sections 2535 2701 2901 this title 23c2534s § 2534  Exhibits. (G)  No information or authorization form on file.--If a court or agency receives a request for medical and social history information and finds that no such information is in its records or that no authorization form is on file the court or agency shall do the following: (1)  Contact the subject the request and ask that the subject: (i)  provide nonidentifying information for the benefit the requester; or (16)  Members citizen review panels convened pursuant to section 6343.1 (relating to citizen review panels) provided that such members shall not disclose to any person or government ficial any identifying information about any specific child protective services case with respect to which the panel is provided information (17)  A member a child fatality or near fatality review team under section 6365(d). (A)  General rule.--If all the parties who are individuals reside in this State and the child does not reside in the issuing state a tribunal this State has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register. (5)  There is a defense under the law this State to the remedy sought (6)  Full or partial payment has been made (7)  The statute limitation under section 7604 (relating to choice law) precludes enforcement some or all the arrearages (8)  The alleged controlling order is not the controlling order. 6336  Information in Statewide database 6337  Disposition and expunction unfounded reports and general protective services reports 6338  Disposition founded and indicated reports 6338.1 Expunction information perpetrator who was under 18 years age when child abuse was committed § 7204  Simultaneous proceedings (a)  Permissible.--A tribunal this State may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state or a foreign country only if all the following apply: (5)  The opportunity each party for future acquisitions capital assets and income (6)  The sources income both parties including but not limited to medical retirement insurance or other benefits (7)  The contribution or dissipation each party in the acquisition preservation depreciation or appreciation the marital property including the contribution a party as homemaker (D)  Records.--All records relating to applicants and program participants are the property the fice Victim Advocate These records including program applications participants' actual addresses and waiver proceedings shall be kept confidential and shall not be subject to the provisions the act J (P. ) referred to as the Right-to-Know Law except that records may be released as specifically set forth in this chapter and to a district attorney to the extent necessary for the prosecution conduct as set forth in section 6711 (relating to penalties) (F)  Testimony.--In a proceeding under this part a tribunal this State may permit a party or witness residing outside this State to be deposed or to testify under penalty perjury by telephone audiovisual means or other electronic means at a designated tribunal or other location A tribunal this State shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony (g)  Self-incrimination.--If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating the trier fact may draw an adverse inference from the refusal   CHAPTER 29 DECREES AND RECORDS   Subchapter § 2722  Place hearing The hearing shall be private or in open court as the court deems appropriate 23c2723s § 2723  Attendance at hearing. (A)  Petition.--If a judgment has been rendered against the child in a civil action for injury because the tortious act the child and the judgment has not been satisfied within a period 30 days the injured person may petition the court for a rule to show cause why judgment should not be entered against the parent (b)  Answer and trial.--The parent may file an answer to the petition and if there is any dispute as to unlitigated facts the case shall be set down. Sec 52-353 Levy on and sale personal property exempt to a certain amount When an execution debtor owns any personal property which if not exceeding a certain amount in value is exempt from execution and the ficer levying the execution believes that its value exceeds the limit exemption he may levy on and sell it in the same manner as any other property If at the sale such property brings an amount exceeding the limit exemption he shall immediately on receipt the purchase money pay over the amount the exemption to the execution debtor and apply the balance only on the execution; but if a sum equal to the amount the exemption is not bid for such property he shall immediately return the property to the execution debtor No money or property belonging or coming to any execution debtor under such a levy as is provided for in this section shall be liable to attachment. (2)  Upon receipt a notice lien or seizure order from the domestic relations section or the department encumber or surrender as the case may be identified assets an obligor who is subject to a child support lien The Supreme Court shall by general rule prescribe the form 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 the receipt the notice lien or seizure order by the financial institution Remittance by the financial institution shall be made within a reasonable period time (B)  Safety or risk assessment.--The county agency shall perform a safety assessment or risk assessment or both for the child and determine whether child protective services or general protective services are warranted (c)  County agency duties.--Upon receipt a report under this section the county agency for the county where the child resides shall: (Ii)  If the subject the request is located obtain written authorization from the subject before any information is released (c)  Confidentiality information.--In conducting a search the court or agency shall ensure that no individual other than a birth parent is informed the adoptee's existence and relationship to the birth parent "accept for service."  Decide on the basis the needs and problems an individual to admit or receive the individual as a client the agency or as required by a court order entered under 42 Pa.C.S Ch 63 (relating to juvenile matters) "Adult."  An individual 18 years age or older "Adult family member."  A person 18 years age or older who has the responsibility to provide care or services to an individual with an intellectual disability or chronic psychiatric disability (B)  Rebuttable presumption.--There shall be a rebuttable presumption in any judicial or expedited process that the amount the award which would result from the application such guideline is the correct amount support to be awarded A written finding or specific finding on the record that the application 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 the effective date. "mandated reporter."  A person who is required by this chapter to make a report suspected child abuse "Matriculated student."  A student who is enrolled in an institution higher education and pursuing a program study that results in a postsecondary credential such as a certificate diploma or degree "Near fatality."  A child's serious or critical condition as certified by a physician where that child is a subject the report. (4)  The amendment or addition 20 Pa.C.S § 2203(a) and (c) and 23 Pa.C.S § 3323(d.1) shall apply to the death one the parties on or after the effective date this paragraph irrespective whether the divorce proceeding was commenced before on or after the effective date this paragraph (5)  The addition 23 Pa.C.S § 3323(g) shall apply to bifurcation proceedings commenced on or after the effective date this paragraph and cases in which one the parties dies on or after the effective date this paragraph Martin Luther. § 2937  Original birth record (a)  General rule.--Notwithstanding any other provision law an adoptee who is at least 18 years age and who has graduated from high school completed a General Educational Development program or has legally withdrawn from secondary schooling or if the adoptee is deceased the adoptee's descendants may apply to the Department Health for the adoptee's noncertified copy original birth record Subject to subsections (b) and (c) the Department Health shall issue a noncertified copy original birth record within 45 days receipt an application if the application complies with the requirements subsection (d) § 5332  Informational programs (a)  Attendance.--The court may direct the parties to attend informational programs concerning parental duties (b)  Process not delayed.--Subsequent proceedings and the entry any order or decree shall not be delayed because the lack participation in any informational program by one the parties Section 6301 (relating to corruption minors) Section 6312 (relating to sexual abuse children) The attempt solicitation or conspiracy to commit any the fenses set forth in this paragraph § 3901  Mediation programs (a)  Establishment.--A court may establish a mediation program for actions brought under this part or Chapter 53 (relating to custody) (b)  Issues subject to mediation.--When a program has been established pursuant to subsection (a) the court may order the parties to attend an orientation session to explain the mediation process Thereafter should the parties consent to mediation the court may order them to mediate such issues as it may specify A.  preliminary Provisions B.  General Provisions   Enactment.  Chapter 56 was added Novem P. effective in. Newborn PROTECTION   Sec 6501  Short title chapter 6502  Definitions. Cross References  Section 7606 is referred to in section 77A07 this title 23c7607s § 7607  Contest registration or enforcement (a)  Defenses.--A party contesting the validity or enforcement a registered support order or seeking to vacate the registration has the burden proving any the following defenses: (4)  A description the administrative process for the electronic transmission fingerprints to the Federal Bureau Investigation for Federal criminal history records (5)  Any findings and recommendations   References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services. (A)  When report to be made.--A health care provider shall immediately make a report or cause a report to be made to the appropriate county agency if the provider is involved in the delivery or care a child under one year age who is born and identified as being affected by any the following: (1)  Illegal substance abuse by the child's mother (2)  Withdrawal symptoms resulting from prenatal drug exposure unless the child's mother during the pregnancy was: (2)  the length time the child has resided outside this Commonwealth; (3)  the distance between the court in this Commonwealth and the court in the state that would assume jurisdiction; (4)  the relative financial circumstances the parties; (5)  any agreement the parties as to which state should assume jurisdiction; (3)  Upon receipt an order from a court requiring the Pennsylvania Game Commission to refuse to issue or renew or to revoke or suspend the recreational license the obligor or other individual the Pennsylvania Game Commission shall immediately comply with the order Upon receipt an order from the court authorizing the Pennsylvania Game Commission to restore the recreational license an obligor or other individual the Pennsylvania Game Commission shall immediately restore the recreational license the obligor or other individual if the obligor or other individual complies with the provisions 34 Pa.C.S Ch 27 (relating to hunting and furtaking licenses) Special Provisions in Appendix  See section 15 Act 153 2014 in the appendix to this title for special provisions relating to study by Department Human Services References in Text  Subparagraph (v) referred to in paragraph (1)(i) does not exist Cross References  Section 6344.4 is referred to in sections 6344 6344.3. § 1703   within degree consanguinity All s within the prohibited degrees consanguinity as set forth in this part are voidable but when any these s have not been dissolved during the lifetime the parties the unlawfulness the shall not be inquired into after the death either the parties. (6)  Any individual seeking to provide child-care services under contract with a child-care facility or program (7)  An individual 18 years age or older who resides in the home a foster parent for at least 30 days in a calendar year or who resides in the home a prospective adoptive parent for at least 30 days in a calendar year (4)  The identity other certified medical practitioners providing medical care to the child to obtain the child's medical records to allow for coordination care between medical practitioners (d)  Notification by county agency.--In circumstances which negatively affect the medical health a child the county agency shall notify the certified medical practitioner who is the child's primary care provider if known the following information: Sec 52-380d (Formerly Sec 49-46a) Release judgment lien on real or personal property Form Sec 52-380e Discharge judgment lien on substitution bond or lien on other property Sec 52-380f (Formerly Sec 49-50) Discharge judgment lien from property not needed to secure judgment Sec 52-380g Release judgment lien on satisfaction judgment Sec 52-380h (Formerly Sec 49-47) Form judgment lien foreclosure certificates Sec 52-380i (Formerly Sec 49-48) Foreclosure lien when plaintiff holds mortgage Sec 52-381 Liability garnishee; scire facias. 4377  Power to expedite support cases 4378  Assistance recipients to seek support 4379  Cooperation required 4380  Enforcement cooperation requirements 4381  Garnishment wages Commonwealth employees. (5)  a statement whether a party to the proceeding has been arrested for a crime related to domestic violence stalking or child abuse or neglect and the date location and disposition the case; and (6)  any other information required to be submitted to the court for a child custody determination under section 5429 23c5207s § 5207  Factors to determine risk abduction. (C)  Assessment fees and costs against the defendant.--When an order is granted pursuant to this chapter fees and costs shall be assessed against the defendant The court shall waive fees and costs upon a showing good cause or when the court makes a finding that the defendant is not able to pay the costs Nothing in this subsection is intended to expand or diminish the court's authority to enter an order pursuant to Pa.R.C.P. (D)  Right to review.--A lottery prizewinner whose prize is used to satisfy an obligation under this section may appeal to the department in accordance with 2 Pa.C.S (relating to administrative law and procedure) The appeal shall be filed within 30 days after the prizewinner is notified by the Department Revenue that the prize has been reduced or totally withheld to satisfy the prizewinner's outstanding arrearages for child support and related obligations (e)  Rules and regulations.--The Department Revenue and the department shall in the manner provided by law jointly promulgate the rules and regulations necessary to carry out this section (2)  If the suspected child abuse is alleged to have been committed by a perpetrator and the behavior constituting the suspected child abuse may include a violation a criminal fense the appropriate county agency and law enforcement ficials shall jointly investigate the allegation through the investigative team established in section 6365(c) (relating to services for prevention investigation and treatment child abuse) and as provided in this chapter (3)  Employees who have direct contact with children and foster parents shall receive three hours training within six months the issuance a license or approval certificate and three hours training every five years thereafter New employees and new foster parents shall receive three hours training within 90 days hire or approval as a foster parent and three hours training every five years thereafter (4)  Training curriculum shall be approved by the department and shall address but not be limited to the following: ( P. eff July 1 1995; P. eff Mar 1 1999; P. eff ; P. eff July 1 2014; P. eff )   2014 Amendment  Act 45 reenacted and amended the entire section Section 16 Act 45 provided that notwithstanding section 7(2) Act 119 2013 subsecs (c.1) (c.2) (c.3) (c.4) and (g) shall apply on and after December. ( P. eff 60 days)   1994 Amendment.  Act 15 added subsec (d) 23c5505s § 5505  Monetary limits liability. (3)  In addition to any other relief the court may pursuant to section 6108 (relating to relief) direct that the defendant temporarily relinquish to the sheriff any firearms other weapons or ammunition for the duration the temporary order if the petition demonstrates any the following: (i)  Abuse which involves a firearm or other weapon. In the event that proposed changes disputes or alleged breaches this parenting plan and custody order are necessary or desired the parties agree that such changes will be addressed by the following method (specify method arbitration mediation court action etc.): § 7105  Application part to resident foreign country and foreign support proceeding (a)  Applicability.--A tribunal this State shall apply Chapter 71 (relating to general provisions) 72 (relating to jurisdiction) 73 (relating to civil provisions general application) 74 (relating to establishment support order or determination parentage) 75 (relating to enforcement support order without registration) or 76 (relating to registration enforcement and modification support order) and as applicable Chapter 77A (relating to support proceeding under convention) to a support proceeding involving any the following: § 4371  Definitions 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: "Assistance."  Cash assistance medical assistance or designated services provided under Article IV the act J (P. ) known as the Public Welfare Code Child CUSTODY   Sec 5321  Scope chapter 5322  Definitions. An employer that fails to report pursuant to this subchapter may be provided a written warning for the first violation and is subject to a civil penalty up to $25 for each violation which is subsequent to the warning The civil penalty shall be payable to the Department Labor and Industry If the failure to report or the submission a false report is the result a conspiracy between the employer and the employee the employer shall be subject to a civil penalty up to $500 23c4501h   (2)  An adoptive parent or legal guardian an adoptee who is under 18 years age or adjudicated incapacitated (3)  A descendant a deceased adoptee (4)  A birth parent (5)  A legal guardian an adjudicated incapacitated birth parent. (1)  Notwithstanding the provisions subsection (a) the court may appoint a guardian ad litem to represent the interests a child in proceedings under sections 2737 2738 and 2739 and a sibling under 18 years age who seeks to enforce or to discontinue an agreement (2)  When appointing a guardian ad litem under this subchapter the court may appoint the same attorney who represents or has represented the child in any dependency proceedings or termination parental rights proceedings Cross References  Section 5207 is referred to in section 5206 this title 23c5208s § 5208  Provisions and measures to prevent abduction (a)  Contents discretionary orders.--If a petition is filed under this chapter the court may enter an order that must include: Enactment  Subchapter D was added Decem P. effective immediately 23c7615s § 7615  Jurisdiction to modify child support order a foreign country. ( P. eff Jan 1 1998; P. eff imd.)   1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support 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. (A)  Adoption proceeding rights extinguished.--A decree terminating all rights a parent or a decree terminating all rights and duties a parent entered by a court competent jurisdiction shall extinguish the power or the right the parent to object to or receive notice adoption proceedings (b)  Award custody.--The decree shall award custody the child to the agency or the person consenting to accept custody under section 2501 (relating to relinquishment to agency) or section 2502 (relating to relinquishment to adult intending to adopt child) or the petitioner in the case a proceeding under section 2512 (relating to petition for involuntary termination) (1)  If two or more tribunals have issued support orders for the same obligation and only one the tribunals would have continuing exclusive jurisdiction under this part the order that tribunal must be recognized (2)  If two or more tribunals have issued support orders for the same obligation and more than one the tribunals would have continuing exclusive jurisdiction under this part an order issued by a tribunal in the county where the obligee resides must be recognized but if an order has not been issued in the county where the obligee resides the order most recently issued must be recognized (D)  Prima facie evidence abuse.--Evidence that a child has suffered child abuse such a nature as would ordinarily not be sustained or exist except by reason the acts or omissions the parent or other person responsible for the welfare the child shall be prima facie evidence child abuse by the parent or other person responsible for the welfare. (Iv)  A court competent jurisdiction in connection with any matter involving custody a child The department shall provide to the court any files that the court considers relevant (v)  The Attorney General (vi)  Federal auditors if required for Federal financial participation in funding agencies except that Federal auditors may not remove identifiable information or copies there from the department or county or private agencies The provisions Chapter 53 (relating to custody) and 20 Pa.C.S Ch 25 (relating to wills) shall apply to standby guardians coguardians guardians and any alternates unless otherwise specified in this chapter Nothing in this chapter shall be construed to deprive any parent custodial or noncustodial legal parental rights Nothing in this chapter shall be construed to relieve any parent custodial or noncustodial a duty to support a child under the provisions Chapter 43 (relating to support matters generally) 23c5603v   (5)  Within two days exclusive Saturdays Sundays and legal holidays after receipt a written communication from the respondent send a copy the communication by first class mail to the petitioner (6)  Provide to the petitioner and respondent notice all proceedings within two days exclusive Saturdays Sundays and legal holidays setting a date for proceedings pursuant to. References in Text  The act Decem (P. ) known as the Fraternal Benefit Societies Code referred to in the def "insurer" in subsec (l) was repealed by the act J (P. ) The subject matter is now contained in Article XXIV The Insurance Company Law 1921 The short title the act J P. known as the Public Welfare Code referred to in subsection (l) was amended by the act Decem P. The amended short title is now the Human Services Code (A)  Imposition fee.--A county in which the court has established a mediation program may impose an additional filing fee up to $20 on divorce and custody complaints to be used to fund the mediation program (b)  Assessment additional costs.--The court may assess additional costs mediation on either party 23c3903s § 3903  Review programs. (B)  retain for the Commonwealth an amount equal to the non-Federal share the reimbursed amount; and (III)  third pay any remaining amount to the family (D)  In the case arrearages that accrued while the family received cash assistance from the Commonwealth: 7501.1 Employer's compliance with income- order another state 7501.2 Compliance with multiple income- orders 7501.3 Immunity from civil liability 7501.4 Penalties for noncompliance 7501.5 Contest by obligor. § 4361  Execution support order against entireties property § 4362  Plaintiff's share proceeds sale § 4363  Trustee to distribute proceeds sale   Fees.  Section 19 the Law from which this section was derived was repealed Decem P. and amended Decem P. and that section remains effective under 1 Pa.C.S § 1952 (relating to effect separate amendments on code provisions enacted by same General Assembly) as a result the 1990 amendment ( P. eff )   Cross References  Section 6312 is referred to in section 6320 this title 23c6313s § 6313  Reporting procedure. (6)  Modification a support order a tribunal another state or a foreign country (c)  Obligor support proceedings.--All the following support proceedings are available under the convention to an obligor against which there is an existing support order: (1)  Recognition an order suspending or limiting enforcement an existing support order a tribunal. (A)  Finding death.--When the spouse an applicant for a license has disappeared or is absent from the place residence the spouse without being heard after diligent inquiry the court aided by the report a master if necessary upon petition the applicant for a license may make a finding and decree that the absentee is dead and the date death if notice to the absentee has been given as provided in subsection (d) and either the applicants is and for one year or more prior to the application has been a resident this Commonwealth (B)  Abuse.--Substantial allegations abuse the child constitute a reasonable basis for appointing counsel for the child (c)  Not subject to examination.--Counsel appointed by the court for the child shall not be subject to examination unless such counsel testifies in the matter (d)  Costs.--The court may order a party to pay all or part the costs appointing counsel for the child under this section (9)  The addition 23 Pa.C.S § 3502(f) shall apply to all divorce proceedings irrespective whether the action was commenced before on or after the effective date this paragraph (10)  The amendment 23 Pa.C.S § 3505(d) shall apply to all equitable distribution proceedings irrespective whether the proceeding was commenced before on or after the effective date this paragraph Cross References.  Section 6108.1 is referred to in section 6108.3 this title; section 6105 Title 18 (Crimes and fenses) § 6108.2  Relinquishment for consignment sale lawful transfer or safekeeping. (C)  Training persons subject to department regulation.-- (1)  The following persons shall be required to meet the child abuse recognition and reporting training requirements this subsection: (i)  Operators institutions facilities or agencies which care for children and are subject to supervision by the department under Article IX the Public Welfare Code and their employees who have direct contact with children § 4341  Commencement support actions or proceedings (a)  Procedure.--A support action or proceeding under this chapter shall be commenced in the manner prescribed by the Rules Civil Procedure governing actions support (b)  Standing.--Any person caring for a child shall have standing to commence or continue an action for support that child regardless whether a court order has been issued granting that person custody. Domestic RELATIONS   Part I  General Provisions II   (5)  Interview potential witnesses including the child's parents and caretakers if any The guardian ad litem may examine and cross-examine witnesses and present witnesses and evidence necessary to protect the best interests the child (6)  Make specific recommendations in a written report to the court relating to the best interests the child including any services necessary to address the child's needs and safety The court shall make the written report part the record so that it may be reviewed by the parties The parties may file with the court written comments regarding the contents the report The comments filed by the parties shall also become part the record "newborn."  A child less than 28 days age as reasonably determined by a physician "Police department."  A public agency a political subdivision having general police powers and charged with making arrests in connection with the enforcement criminal or traffic laws "Police ficer."  A full-time or part-time employee assigned to criminal or traffic law enforcement duties a police department a county city borough town or township The term also includes a member the State Police Force Sec 52-362f Enforcement child support orders by income Sec 52-362g Notice by IV-D agency for collection current or past due child support payments Sec 52-362h Defense re support arrearage from federal and state income tax refunds Sec 52-362i Court may require cash deposit support to be held by fice Child Support Services or Support Enforcement Services Sec 52-362j “Past-due support” “overdue support” defined Sec 52-363 Levy on machinery implements and crops Sec 52-364 Levy against partnership.

Other   Cross References  Section 7312 is referred to in sections 7311 7602 this title 23c7313s § 7313  Costs and fees (a)  Petitioner.--The petitioner may not be required to pay a filing fee or. § 2924  Who may request information from registry The following individuals may request information from the registry: (1)  An adoptee who is at least 18 years age (2)  An adoptive parent an adoptee who is under 18 years age adjudicated incapacitated or deceased § 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 a foreign protection order shall only be determined by. (4)  that the program participant's actual address only be used by the requester or the agency to the extent necessary to respond to the stated reason for the request; (5)  that the requester and the requester's agency maintain the confidentiality the actual address the program participant; and "central authority."  The entity designated by the United States or a foreign country defined in paragraph (4) the definition "foreign country" in section 7101.1 (relating to definitions) to perform the functions specified in the convention "Convention support order."  A support order a tribunal a foreign country defined in paragraph (4) the definition "foreign country" in section 7101.1 (2)  All money received under this section shall be distributed in the following order 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 protection orders provided for in section 6105 (relating to responsibilities law enforcement agencies) (ii)  $100 shall be retained by the county and shall be used to carry out the provisions this chapter as follows:   CHAPTER 13 LICENSE   Sec. Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction) a court this Commonwealth may not modify a child custody determination made by a court another state unless a court this Commonwealth has jurisdiction to make an initial determination under section 5421(a)(1) or (2) (relating to initial child custody jurisdiction) and: (1)  the court the other state determines it no longer has exclusive continuing jurisdiction under section 5422 (relating to exclusive continuing jurisdiction) or that a court this Commonwealth would be a more convenient forum under section 5427 (relating to inconvenient forum); or The department shall promulgate necessary regulations and shall hire the staff which is necessary to implement this subchapter 23c2558s § 2558  Retroactive application subchapter This subchapter shall apply retroactively to all children. Sec 52-367c Execution against lottery and pari-mutuel winnings (a) Notwithstanding any other provision the general statutes on application a judgment creditor or his attorney stating that a judgment remains unsatisfied and the amount due thereon and subject to the expiration any stay enforcement and expiration any right appeal the clerk the court in which the money judgment was rendered shall issue an execution against any winnings the judgment debtor pursuant to chapter 226 or 229a as the case may be The execution shall be directed to (1) the State Comptroller who shall withhold any order the State Treasurer or (2) the president the Connecticut Lottery Corporation as the case may be for payment due from winnings pursuant to chapter 226 or 229a to such judgment debtor until the judgment is satisfied. (E)  Civil liability.--A third party who intentionally or knowingly violates any the provisions this section shall in addition to any other penalty prescribed in this chapter or 18 Pa.C.S Ch 61 be civilly liable to any person for any damages caused thereby and in addition shall be liable to any person for punitive damages in an amount not to exceed $5,000 and the court shall award a prevailing plaintiff a reasonable attorney fee as part the costs (f)  Forms.--The Pennsylvania State Police shall develop and make available:     CHAPTER 54 UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT Except as provided in section 6113 (relating to arrest for violation order) nothing in this chapter shall authorize a warrantless search for firearms other weapons or ammunition 23c6121v ( P. eff 180 days)     2016 Amendments  Act 24 amended subsec (g)(2) and Act 102 amended subsecs (c.1) and (g)(3) Section 2 Act 102 provided that the amendment subsec (g)(3) shall apply to periods living separate and apart that commence after the effective date section 2 2004 Amendment  Act 175 added subsecs (c.1) (d.1) and (g) and deleted subsec (c) See section 5(3) (4) and (5) Act 175 in the appendix to this title for special provisions relating to applicability (G) All orders for issued pursuant to this section shall take precedence over any execution issued pursuant to section 52-361 the general statutes revised to 1983 or section 52-361a Two or more orders for may be levied concurrently under this section but if the total levy in any week exceeds the maximum permitted under this section all sums due shall be allocated by the state disbursement unit in proportion to the amount such orders giving priority in such allocation to current support. An individual authorized to receive both nonidentifying information and identifying information may file a single written request under Subchapter D (relating to release information) 23c2913s § 2913  Reasonable fees Any court or agency may charge reasonable fees for services provided under this chapter. Subchapter D ORGANIZATION AND RESPONSIBILITIES CHILD PROTECTIVE SERVICE   Sec. 2004 Amendment  See section 29 Act 207 in the appendix to this title for special provisions relating to construction law 23c1504s § 1504  Returns s. 5404  Application to Native American tribes 5405  International application chapter 5406  Effect child custody determination 5407  Priority 5408  Notice to persons outside Commonwealth. (1)  is tax exempt under section 501(c)(3) the Internal Revenue Code 1986 (Public Law 99-514 26 U.S.C § 501(c)(3)); and (2)  operates within this Commonwealth for the primary purpose providing a child-focused facility-based program dedicated to coordinating a formalized multidisciplinary response to suspected child abuse that at a minimum either onsite or through a partnership with another entity or entities assists county agencies investigative teams and law enforcement by providing services including forensic interviews medical evaluations therapeutic interventions victim support and advocacy team case reviews and a system for case tracking § 2504.1  Confidentiality The court shall take such steps as are reasonably necessary to assure that the identity the adoptive parent or parents is not disclosed without their consent in any proceeding under this subchapter or Subchapter B (relating to involuntary termination) The Supreme Court may prescribe uniform rules under this section relating to such confidentiality (B)  authenticated by or concluded registered or filed with a foreign tribunal; and (iii)  may be reviewed and modified by a foreign tribunal (2)  The term includes a maintenance arrangement or authentic instrument under the convention "United States central authority."  The Secretary the United States Department Health and Human Services. (3)  require the respondent to obtain education on the potentially harmful effects to the child from abduction (e)  Prevention imminent abduction.--To prevent imminent abduction a child a court may: (1)  issue a warrant to take physical custody the child under section 5209 (relating to warrant to take physical custody child) or the laws this Commonwealth other than this chapter; (C.1)  Modification.--In a proceeding to modify a child support order the law the state that is determined to have issued the initial controlling order governs the duration the obligation support The obligor's fulfillment the duty support established by that order precludes imposition a further obligation support by a tribunal this State (d)  Continuing exclusive jurisdiction.--On issuance an order by a tribunal this State modifying a child support order issued in another state a tribunal this State becomes the tribunal continuing exclusive jurisdiction § 4343  Paternity § 4344  Contempt for failure obligor to appear § 4345  Contempt for noncompliance with support order ( P. eff imd.; July 7 2006 P. eff 60 days; P. )   2008 Amendment  Act 16 amended subsecs (c) and (d) effective October 1 2008 as to subsecs (c)(1) and (d)(1) and immediately as to the remainder subsecs (c) and (d) Section 5 Act 16 provided that the amendment subsec (c)(3) shall apply retroactively. Subchapter A.  Registration Support Order B.  Contest Validity or Enforcement   Enactment.  Chapter 84 was added April 4 1996 P. effective immediately (B) Issuance On receipt the application a clerk the Superior Court shall issue a wage execution against the judgment debtor directed to a levying ficer to enforce payment the judgment. Under this subchapter a court this Commonwealth may enforce an order for the return the child made under the Hague Convention on the Civil Aspects International Child Abduction as if it were a child custody determination 23c5443s § 5443  Duty to enforce. (B.2)  Agreements between the department and financial institutions.--Notwithstanding any other provision law the department and any financial institution doing business in this Commonwealth are authorized to enter into agreements for the purpose carrying out the provisions subsection (b.1) The agreement may specify payment 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 2904  Name adoptee 2905  Impounding proceedings and access to records (Repealed) 2906  Docket entries 2907  Certificate adoption 2908  Foreign decree adoption. Enactment  Chapter 23 was added Octo P. effective January 1 1981     SUBCHAPTER A JURISDICTION (G)  Regulations.--The department shall promulgate the regulations necessary to carry out this section These regulations shall: (1)  Set forth criteria for unsuitability for employment in a child-care service in relation to criminal history record information which may include criminal history record information in addition to that set forth above The criteria shall be reasonably related to the prevention. "legally responsible relative."  Effective January 1 1997 a spouse and a parent for an unemancipated minor child "Secretary."  The Secretary Public Welfare the Commonwealth 23c4371v   7310  Duties department 7311  Pleadings and accompanying documents 7312  Nondisclosure information in exceptional circumstances 7313  Costs and fees 7314  Limited immunity petitioner. (I)  Changes in permanent and temporary employment bans which realign and make uniform the provisions section 111 the act Ma (P. ) known as the Public School Code 1949 and 23 Pa.C.S Ch 63 with regard to employment bans including the fenses relating to the welfare a child to be included in any ban (ii)  An appeals process (2)  The Department Human Services shall by Decem report the study's findings and recommendations to: (4.1)  If a foster parent prospective adoptive parent or an individual over 18 years age residing in the home is arrested for or convicted an fense that would constitute grounds for denying approval under this chapter or is named as a perpetrator in a founded or indicated report the foster parent or prospective adoptive parent shall provide the foster family care agency or the agency listed to provide adoption services with written notice not later than 72 hours after the arrest conviction or notification that the individual was named as a perpetrator in the Statewide database Child's Name § 3902  Fees and costs § 3903  Review programs § 3904  Existing programs "support enforcement agency."  The department a domestic relations section a tribunal a public ficial or a public agency authorized to seek: (1)  enforcement support orders or laws relating to the duty support; (2)  establishment or modification child support; (3)  determination parentage; or "serious bodily injury."  Bodily injury which creates a substantial risk death or which causes serious permanent disfigurement or protracted loss or impairment function any bodily member or organ "Serious mental injury."  A psychological condition as diagnosed by a physician or licensed psychologist including the refusal appropriate treatment that: (Ii)  The amount the lien on any date shall be the amount overdue support shown on that date in the records the domestic relations section § 6319  Penalties (a)  Failure to report or refer.-- (1)  A person or ficial required by this chapter to report a case suspected child abuse or to make a referral to the appropriate authorities commits an fense if the person or ficial willfully fails to do so (2)  An fense under this section is a felony the third degree if:   1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support 23c7307s § 7307  Duties support enforcement agency. (1)  Reports that are assessed by the county agency and are determined to be valid but are not accepted for services shall be reported to the department and entered into the Statewide database The reports shall be maintained for a period five years Following the expiration five years after the date the report was received by the department the report shall be expunged from the Statewide database as soon as possible but no later than 120 days after the five-year period following the date the report was received by the department Iii  Adoption IV  Divorce V  Support Property and Contracts VI  Children and Minors VII  Abuse Family (B)  Noncompliance with direction court.--If the parents fail to comply with the direction the court the amount may be recovered in a civil action against the parents or either them 23c5504s § 5504  Establishing liability in civil proceedings. If at any time a party is in arrears in the payment alimony or alimony pendente lite as provided for in sections 3701 (relating to alimony) and 3702 (relating to alimony pendente lite counsel fees and expenses) the court may after hearing in order to effect payment the arrearages: (1)  Enter judgment (2)  Authorize the taking and seizure the goods and chattels and the collection the rents and prits the real estate. (4)  The application contains a list all pending civil and criminal proceedings in which the applicant is a victim witness plaintiff or defendant and if applicable the applicant's involvement with State and county probation and parole (5)  The application contains a statement signed by the applicant affirming that the information provided by the applicant is true to the best the applicant's information knowledge and belief (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 an instance suspected child abuse or general protective services "employer."  The term has the meaning given in section 3401(d) the Internal Revenue Code 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. Chapter 21  Preliminary Provisions   § 2101  Short. (D)  Informal hearing.--In no case shall protective custody under this chapter be maintained longer than 72 hours without an informal hearing under 42 Pa.C.S § 6332 (relating to informal hearing) If at the hearing it is determined that protective custody shall be continued and the child is alleged to be without proper parental care or control or is alleged to be a dependent child under 42 Pa.C.S § 6302 (relating to definitions) the county agency shall within 48 hours file a petition with the court under 42 Pa.C.S Ch 63 alleging that the child is a dependent child (Vi)  Directing the sheriff to levy and sell other real or personal property (11)  To transmit to another state electronically or by other methods a request for assistance in a case involving the enforcement a support order containing sufficient information as will enable the state to which the request is transmitted to compare the information to the information in the data bases the state The transmittal shall serve as a certification arrears and a certification that the state has complied with all procedural due process requirements applicable to. "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 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 the first pleading in a proceeding § 2102  Definitions   Chapter 23  Jurisdiction and Parties   (Ii)  A claim under this section shall have the force and effect against the real and personal estate a deceased person as other debts a decedent and shall be ascertained and recovered in the same manner (3)  Paragraph (2)(i) does not apply to the real and personal property comprising the home and furnishings the defendant (I)  the issuing court did not have jurisdiction under Subchapter B (relating to jurisdiction); (ii)  the child custody determination for which enforcement is sought has been vacated stayed or modified by a court a state having jurisdiction to do so under Subchapter B; or ( P. eff 60 days; P. eff )   2014 Amendment  Act 153 amended subsec (b)(2) 1992 Amendment  Act 34 added section 2530 (9)  To increase the amount monthly support payments for the payment arrearages as may be provided by general rule (10)  To issue administrative orders in cases where there is a support arrearage to secure assets to satisfy any current support obligation and the arrearage by: (i)  Intercepting or seizing periodic or lump sum payments from a government agency including unemployment compensation workers' compensation and other benefits (A)  General rule.--As used in this chapter "marital property" means all property acquired by either party during the and the increase in value 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 or property acquired in exchange for property acquired prior. (B) The remedies herein provided are in addition to and not in substitution for any other remedies. Cross References  Subchapter B is referred to in sections 7609 7616 this title 23c7605s § 7605  Notice registration order. (C)  Costs.--The court may order a party to pay all or part the costs the informational programs under this section 23c5333s § 5333  Counseling as part order (a)  Attendance.--The court may as part a custody order require the parties to attend counseling sessions "health care provider."  A person who is licensed or certified by the laws this Commonwealth to administer health care in the ordinary course business or practice a pression For purposes accepting a newborn as provided in section 6504(a)(1) (relating to accepting newborns) and for immunity provided pursuant to section 6507 (relating to immunity) the term includes administrative managerial and security personnel and any other person employed by a hospital (J P. eff 60 days; P. eff 60 days; P. eff 60 days; P. eff 180 days)   2010 Amendment  Act 101 amended subsec (e) (1949 Rev S 8126.) Cited 121 C 315;. 7208  Multiple child support orders for two or more obligees 7209  Credit for payments 7210  Application part to nonresident subject to personal jurisdiction 7211  Continuing exclusive jurisdiction to modify spousal support order   "under investigation."  A child abuse report pursuant to this chapter which is being investigated to determine whether it is "founded," "indicated" or "unfounded." "Unfounded report."  Any report made pursuant to this chapter unless the report is a "founded report" or an "indicated report." (b)  Child abuse.--(Deleted by amendment) "medical child support order."  An order which relates to the child's right to receive certain health care coverage and which: (1)  includes the name and last known mailing address the parent providing health care coverage and the name and last known mailing address the child; (2)  includes a reasonable description the type coverage to be provided or includes the manner in which coverage is to be determined; § 6346  Cooperation other agencies (a)  General rule.--The secretary may request and shall receive from Commonwealth agencies political subdivisions an authorized agency or any other agency providing services under the local protective services plan any assistance and data that will enable the department and the county agency to fulfill their responsibilities properly including law enforcement ficials when assistance is needed in conducting an investigation or an assessment safety or risk to the child School districts shall cooperate with the department and the agency by providing them upon request with the information as is consistent. (I)  Installation an incubator at a hospital police station or other entity which employs or otherwise provides access to an emergency services provider (ii)  Allowance an infant to be placed in the incubator anonymously by the parent (iii)  Locking an incubator after the parent places the infant in the incubator to prevent third parties from having access to the infant (Iii)  during the business day by reason duties outside the county illness or vacation; (2)  in counties with at least four judges the court is unavailable: (i)  from the close business at the end each day to the resumption business the next morning; and (ii)  from the end the business week to the beginning the business week; (2)  verification the stated reason for the request to adequately ensure that emergency disclosure is required pursuant to subsection (b); (3)  pro to the satisfaction the fice Victim Advocate that other methods to locate the program participant or the program participant's actual address have been tried and have failed or that the methods reasonably appear to be unlikely to succeed given the circumstances the stated reason for the request; (1)  is in the best interest the child; (2)  recognizes the parties' interests and desires for ongoing communication or contact; (3)  is appropriate given the role the parties in the child's life; and (4)  is subject to approval by the courts. 2016 Amendment  Act 115 added subsec (a)(10) and (11) 2010 Amendment  Act 101 amended subsec (c) 2006 Amendment  Act 146 added subsec (a)(9) 1996 Amendment  Act 20 amended subsec (a)(7)   2015 Amendment  Act 94 added section 7402 23c7501h     CHAPTER 75 (F)  Nondisclosure.--The affidavit obtained under subsection (c) shall not be subject to access under the act J (P. ) referred to as the Right-to-Know Law (g)  Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection: "Safekeeping."  The secure custody firearms other weapons or ammunition ordered relinquished by an active protection from. (E)  Interim orders.--A temporary support order issued ex parte or pending resolution a jurisdictional conflict does not create continuing exclusive jurisdiction in the issuing tribunal (f)  Duration and modification spousal support orders.--(Deleted by amendment) 23c7205v ( P. eff Jan 1 1998; P. . (1)  Take the newborn into protective custody under section 6315(a)(5) (relating to taking child into protective custody) (2)  Ensure the newborn is transported to a hospital and placed into the care a health care provider under section 6504 (relating to health care providers accepting newborns) (b)  Information.--When a police ficer accepts a newborn pursuant to this chapter a parent may provide the police ficer with information about the newborn's medical history and any identifying information (2)  The name sex racial background age date and place birth and religious affiliation the child (3)  The name and address the intermediary (4)  An itemized accounting moneys and consideration paid or to be paid to the intermediary. (I)  to quell a disturbance or remove the child from the scene a disturbance that threatens physical injury to persons or damage to property; (ii)  to prevent the child from self-inflicted physical harm; (iii)  for self-defense or the defense another individual; or (C)  Hearing.--Upon the filing a petition the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety the parties and the child The hearing must be held on the next judicial day after service the order unless that date is impossible In that event the court shall hold the hearing on the first judicial day possible The court may extend the date hearing at the request the petitioner (11)  The proximity the residences the parties (12)  Each party's availability to care for the child or ability to make appropriate child-care arrangements (13)  The level conflict between the parties and the willingness and ability the parties to cooperate with one another A party's effort to protect a child from abuse by another party is not evidence unwillingness or inability to cooperate with. (1)  The individual has not been named as a perpetrator in any subsequent indicated report child abuse and is not named as an alleged perpetrator in a child abuse report pending investigation (2)  The individual has never been convicted or adjudicated delinquent following a determination by the court that the individual committed an fense under section 6344(c) (relating to employees having contact with children; adoptive and foster parents) and no proceeding is pending seeking such conviction or adjudication § 6366  Continuous availability to receive reports Each county agency shall receive 24 hours a day seven days a week all reports both oral and written suspected child abuse in accordance with this chapter the county plan for the provision child protective services and the regulations the department 23c6366v ( P. . § 7501.4 Penalties for noncompliance § 7501.5 Contest by obligor § 7502  Administrative enforcement orders (C)  Notice custody.-- (1)  Except as provided in paragraph (2) an individual taking a child into protective custody under this chapter shall immediately and within 24 hours in writing notify the parent guardian or other custodian the child the whereabouts the child unless prohibited by court order and the reasons for the need to take the child into protective custody and shall immediately notify the appropriate county agency in order that proceedings under 42 Pa.C.S Ch 63 (relating to juvenile matters) may be initiated if appropriate § 2712  Consents not naming adopting parents A consent to a proposed adoption meeting all the requirements 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 the name or other identification the adopting parent or parents (B)  False rumor death spouse.--Where a re has occurred upon false rumor the death a former spouse in appearance well-founded but there has been no decree presumed death the re shall be void and subject to by either party to the re as provided by section 3304 (relating to grounds for void s) and the returning spouse shall have cause for divorce as provided in section 3301 (relating to grounds for divorce) (c)  Criminal penalties.--Where the re was entered into in good faith neither party to the re shall be subject to criminal prosecution for bigamy (B)  Remedies for bad faith.--Notwithstanding any other provision 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 abuse by a preponderance the evidence shall not by itself result in a finding bad faith 23c6117v (Oct 6 1994 P. eff 60 days; P. eff. Court must provide notice to the party of party's statutory rights to claim exemptions or to present evidence that a withholding order should not issue immediately; court must then issue withholding order immediately unless cause exists for contingent wage withholding order 51 CA 530 Subsec (d): Doctrine of laches and equitable estoppel may apply under Subsec and obligor in this case was entitled to assert doctrine of laches to stop wage withholding order where defendant had left state with child and not forwarded address as required by court order and waited 10 years to file any motion re support and where obligor had made unsuccessful attempts to locate and contact the child. (Xii)  Related education training or personal experience working with foster children or the child welfare system (d.1)  Establishment a resource family registry.-- (1)  The department shall establish a registry resource family applicants. Sec 52-350f Enforcement money judgment Costs fees and interest A money judgment may be enforced against any property the judgment debtor unless the property is exempt from application to the satisfaction the judgment under section 52-352a 52-352b 52-352d or 52-361a or any other provision the general statutes or federal law The money judgment may be enforced by execution or by foreclosure a real property lien to the amount the money judgment with (1) all statutory costs and fees as provided by the general statutes (2) interest as provided by chapter 673 on the money judgment and on the costs incurred in obtaining the judgment and (3) any attorney's fees allowed pursuant to section 52-400c (P.A 83-581 S 5 40; P.A 84-527 S 4; P.A 92-94. 7801.  grounds for rendition 7802.  Conditions rendition   Enactment.  Chapter 78 was added April 4 1996 P. effective immediately § 2530  Home study and preplacement report § 2531  Report intention to adopt § 2532  Filing report (3)  A certified copy any decree termination parental rights or parental rights and duties made by a court other than the court in which the petition for adoption will be filed 23c2534v   Cross References.  Section 2534 is referred to in section 2702. (A)  General rule.--In conducting a search the court or agency shall ensure that no individual other than a birth parent is informed the adoptee's existence and relationship to the birth parent the adoptee (b)  When inquiry not mandatory.--An authorized representative 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 the adoptee (3)  Upon receipt an order from a court requiring the Pennsylvania Fish and Boat Commission to refuse to issue or renew or to revoke or suspend the recreational license the obligor or other individual the Pennsylvania Fish and Boat Commission shall immediately comply with the order Upon receipt an order from the court authorizing the Pennsylvania Fish and Boat Commission to restore the recreational license an obligor or other individual the Pennsylvania Fish and Boat Commission shall immediately restore the recreational license the obligor or other individual if the obligor or other individual complies with the provisions 30 Pa.C.S Ch 27 (relating to fishing licenses)   Subchapter B  Procedure   § 3321  Hearing by master Chapter 67  Domestic and Sexual Violence Victim Address Confidentiality   § 6701  Short title chapter (July 7 2006 P. eff 60 days)   2006 Amendment  Act 109 added section 4308.1 References in Text  The short title the act J P. known as the Public Welfare Code referred to in subsection (i) was amended by the act Decem P. The amended short title is now the Human Services Code. (2) Notice the time and place sale and the name and address the levying ficer shall be (A) sent by first class mail postage prepaid to the judgment debtor and to each holder a lien or other secured interest in the property at their last-known addresses and (B) posted in the fice the town clerk in the town where the property is to be sold On application the judgment debtor or any other party in interest the court may order further notice to be given by publication or otherwise (3) Notice shall be given at least twenty days prior to the date sale unless the property is perishable or threatens to decline speedily in value If the property is perishable or threatens to decline speedily in value the court on application any party or the levying ficer may ex parte order shorter notice. "bodily injury."  Impairment physical condition or substantial pain "Child."  An individual under 18 years age "Child-care services."  Includes any the following: (1)  Child day-care centers. (D) Distribution sale proceeds All amounts received from the sale and all other money received shall be distributed subject to the supervision the court according to the following priorities: (1) To all reasonable and necessary costs sale; (2) to other legal costs levy including the levying ficer's fees five per cent the amount realized; (3) to payment the judgment creditor pursuant to the judgment under which the sale was held or the money received; (4) to payment any subordinate secured parties or lienors who make a written demand to the levying ficer prior to the sale according to their respective interests and to any other judgment creditors presenting an execution to the levying ficer in the order presentation; and (5) to payment to the judgment debtor. Divorce   Chapter 31  Preliminary Provisions 33  Dissolution Marital Status C  Proceedings Generally D  Proceedings Against Entireties Property E  Title IV-D Program and Related Matters F  New Hire Reporting   ( P. eff July 1 1995; P. eff )   Cross References  Section 6314 is referred to in sections 6313 6318 this title 23c6315s § 6315  Taking child into protective custody. (C)  Review refusal request.--Subject to subsection (c.1) if the secretary refuses a request under subsection (a)(1) or a request for administrative review under subsection (a)(2) or does not act within the prescribed time the perpetrator or school employee shall have the right to appeal and request a hearing before the secretary to amend or expunge an indicated report on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this chapter The request for hearing must be made within 90 days notice the decision The appropriate county agency and appropriate law enforcement ficials shall be given notice the hearing The burden pro in the hearing shall be on the appropriate county agency The department shall assist the county agency as necessary § 2734  Consent a child If the child is 12 years age or older an agreement made under this subchapter may not be entered into without the child's consent 23c2735s § 2735  Filing and approval an agreement. § 3705  Enforcement foreign decrees. (Date)                    (Signature standby guardian) 23c5611v (J P. eff 60 days) 23c5612s § 5612  Petition for approval a designation. § 6370  Voluntary or court-ordered services; findings child abuse (a)  General rule.--Based on the investigation and evaluation conducted pursuant to this chapter the county agency shall provide or contract with private or public agencies for the protection the child at home whenever possible and those services necessary for adequate care the child when placed in protective custody Prior to fering these services to a family the agency shall explain that it has no legal authority to compel the family to receive the services but may inform the family the obligations and authority the county agency to initiate appropriate court proceedings § 3702  Alimony pendente lite counsel fees and expenses § 3703  Enforcement arrearages § 3704  Payment support alimony and alimony pendente lite Cited 234 C 194 Procedures provided in Subsecs (d) and (e) for notice and opportunity for hearing after obligor's assets withheld rather than before not in violation right to procedural due process 47 CS 492 Section applies when orders support are to be paid to state by and through the Title IV-D agency and the obligor owes past due support $500 or more; statute is separate and distinct from Sec 17b-93 and any Sec 17b-93 lien would be in addition to a lien for past due support obligations Id 583 Subsec (d): Notification a claimant's delinquent child support arrearages to any person having authority to distribute amounts to a support obligor under Subsec is not limited solely to an IV-D agency; payors can acquire this information through alternative means. Cross References  Section 4326 is referred to in sections 4348 6108 this title 23c4327s § 4327  Postsecondary educational costs. (B) Sale (1) The judgment debtor's interest in personal property levied on pursuant to an execution other than any money so obtained shall be sold by the levying ficer or by an indifferent person deputed to act on his behalf or by such other levying ficer as the court in which the money judgment was rendered directs in accordance with subdivisions (2) and (3) this subsection The sale shall be held at such time and place and in such manner as is commercially reasonable The sale shall be subject to and shall not affect any secured interests including any such liens that are senior in right to the execution No sale may be made to any levying ficer or to his agent or associate The property shall be present and within view those attending the sale unless otherwise ordered by. Enactment  Chapter 41 was added Decem P. effective in 90 days 23c4101s § 4101  Liability for debts contracted before (a)  General rule.--A spouse is not liable for the debts the other spouse contracted before (B)  Common-law --In the case a purported common-law where a party was under 18 years age a parent or guardian the minor may bring a declaratory judgment proceeding during the party's minority to have the declared void 23c3303v   Cross References.  Section 3303 is referred to in section 3304. (10)  The parent has been found by a court competent jurisdiction to have committed sexual abuse against the child or another child the parent based on a judicial adjudication as set forth in paragraph (1)(i) (ii) (iii) or (iv) or (4) the definition "founded report" in section 6303(a) (relating to definitions) where the judicial adjudication is based on a finding "sexual abuse or exploitation" as defined in section 6303(a) (A)  General rule.--Except as limited by subsection (c) the following apply: (1)  Subject to paragraph (2) the personal property an indigent person shall be liable for the expenses incurred by a public body or public agency for the support maintenance assistance and burial : (i)  the indigent person; (ii)  the spouse the indigent person; and (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. (1)  A person or ficial authorized to keep the records mentioned in section 6337 (relating to disposition and expunction unfounded reports and general protective services reports) or 6338 (relating to disposition founded and indicated reports) who willfully fails to amend or expunge the information when required commits a misdemeanor the third degree for the first violation and a misdemeanor the second degree for a second or subsequent violation Under this part a tribunal this State may serve as an initiating tribunal to forward proceedings to a tribunal another state and as a responding tribunal for proceedings initiated in another state or a foreign country 23c7203v ( P. . If I have indicated more than one triggering event it is my intent that the triggering event which occurs first shall take precedence If I have indicated "my death" as the triggering event it is my intent that the person named in the designation to be standby guardian for my minor child(ren) in the event my death shall be appointed as guardian my minor child(ren) when I die It is my intention to retain full parental rights to the extent consistent with my condition and to retain the authority to revoke the standby guardianship if I so choose (D)  Has been determined to be a sexually violent predator under 42 Pa.C.S § (relating to  assessments) or has to register for life under 42 Pa.C.S § (b) (relating to registration) (9)  Causing the death the child through any act or failure to act (10)  Engaging a child in a severe form trafficking in persons or sex trafficking as those terms are defined under section 103 the Trafficking Victims Protection Act 2000 (114 Stat 1466 22 U.S.C § 7102) § 7316  Special rules evidence and procedure § 7317  Communications between tribunals § 7318  Assistance with discovery   Enactment  Chapter 73 was added April 4 1996 P. effective immediately Cross References  Chapter 73 is referred to in sections 7105 7210 7613 77A02. 101  Short title title 102  Definitions   Enactment  Chapter 1 was added Decem P. effective in. (B.1)  Child abuse.--The term "child abuse" shall mean intentionally knowingly or recklessly doing any the following: (1)  Causing bodily injury to a child through any recent act or failure to act (2)  Fabricating feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act 18 Pa.C.S § 2702 (relating to aggravated assault) 18 Pa.C.S § 2706 (relating to terroristic threats) 18 Pa.C.S § 2709.1 (relating to stalking) 18 Pa.C.S § 2901 (relating to kidnapping). 2004 Amendment  Act 175 amended subsec (d) Section 5(10) Act 175 provided that the amendment shall apply to all equitable distribution proceedings irrespective whether the proceeding was commenced before on or after the effective date par (10) Suspension by Court Rule  Section 3505(b) was suspended by Pennsylvania Rule Civil Procedure No as amended May 5 1997 insar as it applies to the practice and procedure in actions for divorce or (2)  Issue subpoenas against any entity within this Commonwealth including for-prit not-for-prit and governmental employers to require production information regarding the employment compensation and benefits any individual employed by the entity as an employee or contractor (3)  Access records all State and local government agencies including the following: (i)  vital statistic records including records birth and divorce; (6)  lacks strong familial financial emotional or cultural ties to this Commonwealth or the United States; (7)  has strong familial financial emotional or cultural ties to another state or country; (8)  is likely to take the child to a country that: (2)  That the reports under sections 2530 (relating to home study and preplacement report) 2531 (relating to report intention to adopt) and 2533 (relating to report intermediary) have been filed if required (3)  The name and address the intermediary if any (4)  The full name the adoptee and the fact and length time the residence the adoptee with the adopting parent or parents     CHAPTER 81 GENERAL PROVISIONS   Sec. (B)  Exception.--Law enforcement agencies and their employees including police ficers and sheriffs shall be liable to the lawful owner 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 confiscated seized or relinquished other weapons or ammunition for any loss damage or substantial decrease in the value the other weapons or ammunition that is a direct result a lack reasonable care by the law enforcement agency or its employees (E)  Court to adopt means service.--The court shall adopt a means prompt and effective service in those instances where the plaintiff avers that service cannot be safely effected by an adult individual other than a law enforcement ficer or where the court so orders (f)  Service by sheriff.--If the court so orders the sheriff or other designated agency or individual shall serve the petition. (I)  Require all persons applying for a license or certification issued by the licensing board to submit documentation acceptable to the licensing board the completion at least three hours approved child abuse recognition and reporting training Training shall address but shall not be limited to recognition the signs child abuse and the reporting requirements for suspected child abuse in this Commonwealth Training shall be approved by the department The training may occur as part the continuing education requirement the license (A)  Jurisdiction.--In a proceeding to establish or enforce a support order or to determine parentage a child a tribunal this State may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if any the following apply: (1)  The individual is personally served with a writ summons complaint or other appropriate pleading within. Chapter 55  Liability for Tortious Acts Children   § 5501  Definitions ( P. eff one year; P. eff imd.) 23c6708s § 6708  Disclosure actual address The fice Victim Advocate shall not disclose the actual address a program participant except to any the following: *cited 194 C 43; 205 C 604; 222 C 361; 240 C 35 Cited 33 CA 359; Id 395; 38 CA 44 Chapter permits execution and foreclosure a lien against judgment debtor's property only in the event a judgment creditor obtains an unsatisfied “money judgment” 99 CA 347 Table Contents Secs 52-347 to 52-350 Form execution Service and return execution Interest on judgments collected on executions Execution upon unsatisfied judgment justice Sec 52-350a Definitions Sec 52-350b Applicability Sec 52-350c Rules court Forms Sec 52-350d Jurisdiction Superior Court.

Cross References  Section 6344.2 is referred to in sections 6335 6344 6344.3 6344.4 this title § 6344.3  Continued employment or participation in program activity or service (a)  (Reserved). 5423.  jurisdiction to modify determination 5424.  Temporary emergency jurisdiction 5425.  Notice; opportunity to be heard; joinder 5426.  Simultaneous proceedings 5427.  Inconvenient forum. (8)  Federal auditors if required for Federal financial participation in funding agencies except that Federal auditors may not remove identifiable reports or copies there from the department or county agencies (9)  Law enforcement ficials any jurisdiction as long as the information is relevant in the course investigating cases :     PART III ADOPTION   Chapter (G)  Recording pending reports.--Upon receipt a report suspected child abuse the department shall maintain a record the complaint suspected child abuse in the Statewide database Upon receipt a report under section 6353.2 (relating to responsibilities county agency) the department shall maintain a record the report in the Statewide database under section 6331 (L)  Effect relocation prior to hearing.--If a party relocates with the child prior to a full expedited hearing the court shall not confer any presumption in favor the relocation 23c5337v   Cross References  Section 5337 is referred to in section 5323.   Chapter 43  Support Matters Generally   Subchapter A  General Provisions   (3) A property execution shall be returned to court within four months after issuance The untimely return a property execution more than four months after issuance shall not itself invalidate any otherwise valid levy made during the four-month period (4) The levying ficer shall personally serve a copy the execution on the judgment debtor and make demand for payment by the judgment debtor all sums due under the money judgment On failure the judgment debtor to make immediate payment the levying ficer shall levy on nonexempt personal property the judgment debtor other than debts due from a banking institution or earnings sufficient to satisfy the judgment as follows: (A) If such nonexempt personal property is in the possession the judgment debtor the levying ficer shall take such property into his possession as is accessible without breach. If I am the birth father or putative father the child I understand that this consent to an adoption is irrevocable unless I revoke it within 30 days after either the birth the child or my execution the consent whichever occurs later by delivering a written revocation to (insert the name and address the agency coordinating the adoption) or (insert the name and address an attorney who represents the individual relinquishing parental rights or prospective adoptive parent the child) or (insert the court the county in which the voluntary relinquishment form was or will. "electronic technologies."  The transfer information in whole or in part by technology having electrical digital magnetic wireless optical electromagnetic photo-electronic or photo-optical systems or similar capabilities The term includes but is not limited to e-mail Internet communication or other means electronic transmission "Expunge."  To strike out or obliterate entirely so that the expunged information may not be stored identified or later recovered by any mechanical or electronic means or otherwise (7.1)  If the defendant is a licensed firearms dealer ordering the defendant to follow such restrictions as the court may require concerning the conduct his business which may include ordering the defendant to relinquish any Federal or State license for the sale manufacture or importation firearms as well as firearms in the defendant's business inventory In restricting the defendant pursuant to this paragraph the court shall make a reasonable effort to preserve the financial assets the defendant's business while fulfilling the goals this chapter (3)  designates the time period to which the order applies; (4)  if coverage is provided through a group health plan designates each plan to which the order applies as the date the order is written; (2)  This State is the residence the child or a party who is an individual is subject to the personal jurisdiction the tribunal this State; and all the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal this State to modify the support order and assume continuing exclusive jurisdiction over the order (b)  General rule.--Modification a registered child support order is subject to the same requirements procedures and defenses that apply to the modification an order issued by a tribunal this State and the order may be enforced and satisfied in the same manner References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services by Act 132 2014 Cross References  Section 4343 is referred to in section 4305 this title 23c4344s § 4344  Contempt for failure obligor to appear. (3)  The copy the notice which is given to the putative father shall state that his rights may also be subject to termination pursuant to subsection (d) if he fails to file either an acknowledgment paternity or claim paternity pursuant to section 5103 (relating to acknowledgment and claim paternity) and fails to either appear at the hearing for the purpose objecting to the termination his rights or file a written objection to such termination with the court prior to the hearing ( P. eff imd.)   2015 Amendment  Act 94 added section 7211 Cross References  Section 7211 is referred to in section 7202.1. The following matter or matters as specified by the court: Other (Anything else you want to. 5446.  enforcement registered determination 5447.  Simultaneous proceedings 5448.  Expedited enforcement child custody determination 5449.  Service petition. (B)  Obligor.--If an obligee prevails a responding tribunal may assess against an obligor filing fees reasonable attorney fees other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses The tribunal may not assess fees costs or expenses against the department or against the support enforcement agency either the initiating county or the responding county except as provided by other law Attorney fees may be taxed as costs and may be ordered paid directly to the attorney who may enforce the order in the attorney's own name Payment support owed to the obligee has priority over fees costs and expenses (Name) (Address) 3902.  fees and costs 3903.  Review of programs 3904.  Existing programs   Enactment.  Chapter 39 was added April 4 1996 P. effective immediately (12)  Issue a temporary child support order pending judicial resolution a dispute regarding paternity if any the following apply: (i)  The obligor has signed an acknowledgment paternity (ii)  The obligor has been determined under State law to be the parent (iii)  There is clear and convincing evidence that the obligor is the child's parent.   1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support Cross References  Section 7205 is referred to in sections 7202.1 7207. Age Currently residing at: 2015 Amendment  Act 15 amended the defs "child-care services," "independent contractor," "perpetrator," "person responsible for the child's welfare," "program activity or service," "school" and "school employee" and added the defs "adult family member," "direct volunteer contact," "education enterprise," "family child-care home," "immediate vicinity," "institution higher education," "matriculated student" and "routine interaction" in subsec (a) (M) Fee for financial institution's costs If there are moneys to be removed from the judgment debtor's account prior to the such moneys pursuant to subsection (c) this section the financial institution shall receive from the serving ficer as representative the judgment creditor a fee eight dollars for the financial institution's costs in complying with the provisions this section which fee may be recoverable by the judgment creditor as a taxable cost the action. § 2731  Purpose subchapter § 2732  Definitions § 2733  Parties to agreement (B)  Requirements.--In a direct request for recognition and enforcement 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 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 this State under the same circumstances (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 public and private hospitals on the basis medical need and shall not be refused or deprived in any way 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 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 § 5335  Counsel for child (a)  Appointment.--The court may appoint counsel to represent the child if the court determines that the appointment will assist in resolving the issues in the custody proceeding If a child has legal counsel and a guardian ad litem counsel shall represent the legal interests the child and the guardian ad litem shall represent the best interests. (11)  Drug and alcohol services for children (12)  Day-care services or programs that are fered by a school (13)  Other child-care services that are provided by or subject to approval licensure registration or certification by the department or a county social services agency or that are provided pursuant to a contract with the department or a county social services agency (E)  Notice.--If a responding tribunal issues an order under this part the tribunal shall send a copy the order by first class mail to the petitioner and the respondent and to the initiating tribunal if any 23c8305s § 8305  Inappropriate tribunal. (K)  Need for social services.--If the investigation determines that the child is being harmed by factors beyond the control the parent or other person responsible for the child's welfare the county agency shall promptly take all steps available to remedy and correct these conditions including the coordination social services for the child and the family or referral the family to appropriate agencies for the provision services (l)  Notice investigation.-- A tribunal this State may enforce a child support order another state registered for purposes modification in the same manner as if the order had been issued by a tribunal this State but the registered support order may be modified only if the requirements section 7611 (relating to modification child support order another state) or 7613 (relating to jurisdiction to modify child support order another state when individual parties reside in this State) have been met 23c7610v ( P. . (1) No costs or fees associated with filing a foreign protection order shall be assigned to the plaintiff including the cost obtaining certified copies the order Costs and fees associated with filing a foreign protection order may be assessed against the defendant (2)  Upon filing a foreign protection order a prothonotary shall transmit in a manner prescribed by the Pennsylvania State Police a copy the order to the Pennsylvania State Police registry protection orders 6386  Mandatory reporting children under one year age 23c6381s § 6381  Evidence in court proceedings. (B.1)  Unauthorized access or use information.--A person who willfully accesses attempts to access or uses information in the Statewide database for a purpose not authorized under this chapter commits a misdemeanor the second degree A person who uses information in the Statewide database for a purpose not authorized under this chapter with intent to harass embarrass or harm another person commits a misdemeanor the first degree 2005 Amendment  Act 66 amended subsec (e) 2001 Amendment  Act 39 amended subsec (e)(1) and added subsecs (h) and (i) References in Text  The act J (P. ) referred to as the Right-to-Know Law referred to in subsec (e)(5) was repealed by the act Febru (P.L.6 No.3) known as the Right-to-Know Law (A)  Department to develop procedures.--In termination parental rights and adoption proceedings involving a county child welfare agency arising from a juvenile dependency case under 42 Pa.C.S Ch 63 (relating to juvenile matters) the department shall develop in consultation with the Administrative fice the Pennsylvania Courts and the Juvenile Courts Judges Commission procedures to do the following: (1)  Facilitate the development an agreement when appropriate before it is presented to. (T) The homestead the exemptioner to the value seventy-five thousand dollars or in the case a money judgment arising out services provided at a hospital to the value one hundred twenty-five thousand dollars provided value shall be determined as the fair market value the real property less the amount any statutory or consensual lien which encumbers it; and (u) Irrevocable transfers money to an account held by a debt adjuster licensed pursuant to sections 36a-655 to 36a-665 inclusive for the benefit creditors the exemptioner (P.A 77-466 S 2; P.A 79-376 S 72; P.A 83-581 S 25 40; P.A 91-239 S 3 4 P.A 92-94 S 2 4; P.A 93-301 S 2 3; 93-350; P.A 03-266 S 8; P.A 07-37 S 1; P.A 09-208. § 6105  Responsibilities law enforcement agencies (a)  General rule.--The police department each municipal corporation the Pennsylvania State Police and the sheriff each county shall insure that all their ficers deputies and employees are familiar with the provisions this chapter Instruction concerning protection from abuse shall be made a part the training curriculum for all trainee ficers and deputies All law enforcement agencies within this Commonwealth shall adopt a written domestic violence policy (B)  Consents.--The written consent a parent or guardian a petitioner who has not reached 18 years age shall not be required The consent the agency to accept custody the child until such time as the child is adopted shall be required 23c2501v   Cross References.  Section 2501 is referred to in sections 2503 2521. 5335  Counsel for child 5336  Access to records and information 5337  Relocation 5338  Modification existing order 5339  Award counsel fees costs and expenses. (B)  Interim award.--The court may issue an interim award custody to a party who has standing under section 5324 (relating to standing for any form physical custody or legal custody) or 5325 (relating to standing for partial physical custody and supervised physical custody) in the manner prescribed by the Pennsylvania Rules Civil Procedure governing special relief in custody matters (c)  Notice.--Any custody order shall include notice a party's obligations under section 5337 (relating to relocation) A child custody determination made by a court this Commonwealth that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws this Commonwealth or notified in accordance with section 5408 (relating to notice to persons outside Commonwealth) or who have submitted to the jurisdiction the court and who have been given an opportunity to be heard As to those persons the determination is conclusive as to all decided issues law and fact except to the extent the determination is modified   Chapter 63  Child Protective Services   Subchapter A  Preliminary Provisions   (C.3)  Prompt decision.--The administrative law judge's or hearing ficer's decision in a hearing under subsection (c.2) shall be entered filed and served upon the parties within 45 days the date upon which the proceeding or hearing is concluded unless within that time the tribunal extends the date for the decision by order entered record showing good cause for the extension In no event shall an extension delay the entry the decision more than 60 days after the conclusion the proceeding or hearing § 6335  Access to information in Statewide database (a)  Request for information.--A county agency or law enforcement ficial shall use the Statewide toll-free telephone number or any manner prescribed by the department to determine the existence any prior reports involving a subject the report If the Statewide database contains information related to a report or a pending investigation or assessment concerning a subject the report the department shall immediately convey this information to the county agency or law enforcement ficial The department by regulation shall set forth staff-to-family ratios for general protective services 23c6377v ( P. eff July 1 1997)   1994 Amendment.  Act 151 added section 6377 "obligee."  The term shall have the meaning provided under section 7101(b) (relating to short title part and definitions) "Obligor."  The term shall have the meaning provided under section 7101(b) (relating to short title part and definitions) "Overdue support."  The term shall have the meaning provided under section 4302 (relating to definitions). (V)  A representative law enforcement or the district attorney (vi)  An attorney-at-law trained in legal representation children or an individual trained under 42 Pa.C.S § 6342 (relating to court-appointed special advocates) (vii)  A mental health pressional. § 8305  Inappropriate tribunal § 8306  Duties support enforcement agency § 8307  Supervisory duty (C)  Court referral.--Prior to entering a decree termination parental rights pursuant to section 2503 (relating to hearing) or 2504 (relating to alternative procedure for relinquishment) if the parent whose rights are to be terminated is present in court the court shall inquire whether he or she has received counseling concerning the termination and the alternatives thereto from an agency or from a qualified counselor listed by a court pursuant to subsection (b) If the parent has not received such counseling the court may with the parent's consent refer the parent to an agency or qualified counselor listed by a court pursuant to subsection (b) for the purpose receiving such counseling In no event shall the court delay the completion any hearing pursuant to section 2503 or 2504 for more than 15 days in order to provide for such counseling Sec 52-352b Exempt property The following property any natural person shall be exempt: (a) Necessary apparel bedding foodstuffs household furniture and appliances; (b) Tools books instruments farm animals and livestock feed which are necessary to the exemptioner in the course his or her occupation pression or farming operation; (c) Burial plot for the exemptioner and his or her immediate family; (d) Public assistance payments and any wages earned by a public assistance recipient under an incentive earnings or similar program; (e) Health and disability insurance payments; (f) Health aids necessary to enable the exemptioner to work or to sustain health; (g) Workers' compensation Social Security veterans and unemployment benefits; (h) Court-approved payments for child support; ( P. eff July 1 1995; 1st P. eff 60 days; P. eff Jan 1 1999; P. eff imd.; Dec 9 2002 P. eff 60 days; P. eff 60 days; P. eff 180 days; P. ; Apr 7 2014 P. eff ; P. eff ; P. eff ; July 1 2015 P. eff imd.; P. eff imd.)   § 5206  Contents petition A petition under this chapter must be verified and include a copy any existing child custody determination if available The petition must specify the risk factors for abduction including the relevant factors described under section 5207 (relating to factors to determine risk abduction) Subject to section 5429(e) (relating to information to be submitted to court) if reasonably ascertainable the petition must contain: (1)  the name date birth and gender. "hospital."  An institution having an organized medical staff which is primarily engaged in providing to inpatients by or under the supervision physicians diagnostic and therapeutic services or rehabilitation services for the care or rehabilitation people who are injured disabled pregnant diseased sick or mentally ill The term includes facilities for the diagnosis and treatment disorders within the scope specific medical specialties but not facilities caring exclusively for people with mental illness or those facilities primarily engaged in providing rehabilitation services or long-term care I understand such child will be placed for adoption I understand I may revoke this consent to permanently give up all rights to this child by placing the revocation in writing and serving it upon the agency or adult to whom the child was relinquished § 3505  Disposition property to defeat obligations (a)  Preliminary relief.--Where it appears to the court that a party is about to leave the jurisdiction the court or is about to remove property that party from the jurisdiction the court or is about to dispose alienate or encumber property in order to defeat equitable distribution alimony pendente lite alimony child and spousal support or a similar award an injunction may issue to prevent the or disposition and the property may be attached as prescribed by general rules The court may also issue a writ ne exeat to preclude the   Cross References  Section 2535 is referred to in sections 2724 2901 6344 this title 23c2551h     § 1301   license required (a)  General rule.--No person shall be joined in in this Commonwealth until a license has been obtained (b)  Place ceremony.--A license issued under this part shall authorize a ceremony to be performed in any county this Commonwealth (1)  A youth camp or program (2)  A recreational camp or program (3)  A sports or athletic program (4)  A community or social outreach program (5)  An enrichment or educational program. (A)  General rule.--Overdue support shall be a lien by operation law against the net proceeds any monetary award as defined in subsection (i) owed to an obligor and distribution any such award shall be stayed in an amount equal to the child support lien provided for under this section pending payment the lien Except as provided in subsection (c) or (f) nothing in this section shall provide a basis for a paying agent or an insurer to delay payment a settlement verdict or judgment (D)  Presumptions.--In a proceeding for judicial appointment a standby guardian a designation shall constitute a rebuttable presumption that the designated standby guardian is capable serving as coguardian or guardian When the designator is the sole surviving parent when the parental rights any noncustodial parent have been terminated or relinquished or when all parties consent to the designation there shall be a rebuttable presumption that entry the approval order is in the best interest the child In any case if the court finds entry the approval order to be in the best interest the child the court shall enter an order approving the designation petition ( P. eff imd.)   Cross References  Section 7209 is referred to in section 7207 this title 23c7210s § 7210  Application part to nonresident subject to personal jurisdiction. 2016 Amendments  Act 24 amended subsec (c) and Act 102 amended subsec (d) Section 2 Act 102 provided that the amendment subsec (d) shall apply to periods living separate and apart that commence after the effective date section 2 Cross References  Section 3301 is referred to in sections 1702 3103 3302 3307 3323 this title 23c3302s § 3302  Counseling. (1)  The final status any assessment general protective services or an investigation child abuse if the report child abuse is indicated or founded (2)  Information on an unfounded report child abuse if the certified medical practitioner made the report as a mandated reporter under section 6311 (relating to persons required to report suspected child abuse) (3)  If accepted for services any service provided arranged for or to be provided by the county agency § 5456  Role law enforcement § 5457  Costs and expenses   Subchapter D  Intrastate Application Sec 52-380h (Formerly Sec 49-47) Form judgment lien foreclosure certificates Certificates foreclosure judgment liens shall be as far as possible the same form as is prescribed for certificates foreclosure mortgages (1949 Rev S 7228; P.A 79-602 S 106.) History: P.A 79-602 deleted certificates foreclosure mechanics' liens from purview section; Sec 49-47 transferred to Sec 52-380h. Sec 52-380d (Formerly Sec 49-46a) Release judgment lien on real or personal property Form (a) A judgment lien on real or personal property may be released by an instrument in writing signed by the lienholder or his attorney or by any personal representative who signed the certificate lien setting forth that the judgment lien is discharged. § 4374  State disbursement unit § 4375  Access to records § 4376  Central registry § 4325  Payment order support Unless procedures established by the department for the State disbursement unit provide otherwise an order support shall direct payment to be made payable to or payment to be made to the domestic relations section for transmission to the obligee or for transmission directly to a public body or public or private agency whenever the care maintenance and assistance the obligee is provided for by the public body or public or private agency (C)  Availability to county agencies.--The department shall make the procedures available to county agencies no later than 180 days after the effective date this subchapter 23c2741s § 2741  Counsel. (2)  The individual submits to the jurisdiction this State by consent in a record by entering a general appearance or by filing a responsive document having the effect waiving any contest to personal jurisdiction (3)  The individual resided with the child in this State (4)  The individual resided in this State and provided prenatal expenses or support for. § 1308  Judicial review refusal to issue license § 1309  Filing applications and consent certificates § 1310  Duration and form license § 5427  Inconvenient forum § 5428  Jurisdiction declined by reason conduct § 5429  Information to be submitted.   Explanatory Note  Act 206 added Parts I II IV and VII Chapters 41 51 and 55 Subchapter E Chapter 25 and Subchapter D Chapter 43 Title 23   § 6  Repeals * * * 2006 Amendment  Act 109 amended subsec (b) and added subsec (b.1) 1998 Amendment  Act 127 amended subsec (c) and added subsec (f.1) Section 14 Act 127 provided that the amendment section 4374 shall apply to all child support arrears collected on or after October 1 1998 Act 127 1998 was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support (Iii)  has not resigned the position 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 a full term in fice; and (v)  is a resident this Commonwealth. (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. We the undersigned were present at the solemnization the (name) and (name) as set forth in the foregoing certificate Signed ‌ Easter (1)  The agreement has been entered into knowingly and voluntarily by all parties An affidavit made under oath must accompany the agreement affirmatively stating that the agreement was entered into knowingly and voluntarily and is not the product coercion fraud or duress The affidavit may be executed jointly or separately (2)  The agreement is in the best interest the child In making that determination factors that the court may consider include but are not limited to the following: 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: "Consumer reporting agency."  As defined in section 630(f) the Federal Fair Credit Reporting Act (Public Law 91-508 15 U.S.C § 1681a(f)) "Department."  The Department Public Welfare the Commonwealth "summary original birth record."  (Deleted by amendment) 23c2911v (Nov 3 2016 P. eff imd.)   "newborn."  As defined in section 6502 (relating to definitions) "Nonaccidental."  (Deleted by amendment) "Parent."  A biological parent adoptive parent or legal guardian "Perpetrator."  A person who has committed child abuse as defined in this section The following. (Ii)  second pay any remaining amount to the family (E)  Notwithstanding clauses (A) through (C) the right to any support obligation assigned to the Commonwealth as a condition receiving cash assistance in effect on Septem shall remain assigned after that date (F)  Except for amounts assigned to the Commonwealth under subsection (d) beginning October 1 1998 any support arrearages collected shall be credited as follows: (Ii)  Intercepting or seizing judgments or settlements (iii)  Attaching and seizing assets the obligor held in financial institutions (iv)  Attaching public and private retirement funds (v)  Imposing liens on property. (V)  recommendations for reducing the likelihood future child fatalities and near fatalities resulting from. (1)  A designation a standby guardianship shall identify the custodial parent legal custodian or legal guardian making the designation the minor or minors any other parent the standby guardian and the triggering event or events upon which a named standby guardian shall become a coguardian or guardian If desired different standby guardians may be designated for different triggering events The designation shall also include the signed consent the standby guardian and the signed consent any other parent or an indication why the other parent's consent is not necessary (Iii)  a description and the location property the obligor not exempt from execution (5)  The name and address the obligee and if applicable the agency or person to whom support payments are to be remitted (b)  Docketing.--On receipt a request for registration the registering tribunal shall file the order as a foreign judgment together with one copy the documents and information regardless. (I)  Protective custody.--Pursuant to section 6315 (relating to taking child into protective custody) and after receipt 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 a child without judicial authorization based on the merits the situation (j)  Court action.--If the county agency determines that protective services are in the best interest a child and if an fer those services is refused or if any other reason exists to warrant court action the county agency shall initiate the appropriate court proceedings § 101  Short title title § 102  Definitions   PART II   Child's Name Activity If not which you will attend? (D)  Multiple orders.--If two or more orders are in effect the person requesting registration shall do all the following: (1)  Furnish to the tribunal a copy every support order asserted to be in effect in addition to the documents specified in this section (2)  Specify the order alleged to be the controlling order. ( P. eff 60 days)   2004 Amendment.  Act 175 amended subsec (a) and added subsec (f) See section 5(8) and (9) Act 175 in the appendix to this title for special provisions relating to applicability (B)  Time to obtain permanent change in visitation.--If a court 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 23c5444v   18 Pa.C.S § 3122.1 (relating to statutory sexual assault) 18 Pa.C.S § 3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S § 3124.1 (relating to sexual assault) 18 Pa.C.S § 3125 (relating to aggravated indecent assault). Cited 240 C 623 (Return to ChapterTable Contents) (Return toList Chapters) (Return toList Titles) Sec 52-352 Property exempt from attachment and execution Section 52-352 is repealed (1949 Rev S 8104; P.A 74-64; P.A 77-466. § 4355  Denial or suspension licenses   Subchapter D  Proceedings Against Entireties Property   § 5503  Establishing liability in criminal or juvenile proceedings (a)  General rule.--In any criminal proceeding against a child and in any proceeding against a child under 42 Pa.C.S Ch 63 (relating to juvenile matters) the court shall ascertain the amount sufficient to fully reimburse any person who has suffered injury because the tortious act the child and direct the parents to make payment in the amount not to exceed the limitations set forth in section 5505 (relating to monetary limits liability) See section 15 Act 153 2014 in the appendix to this title for special provisions relating to study by Department Human Services References in Text  Subsec (a)(1) (2) (3) (4) (5) and (6) referred to in subsec (b) do not exist The Statewide central registry referred to in subsec (d)(1) and (2) shall be deemed a reference to the Statewide database "direct contact with children."  The care supervision guidance or control children or routine interaction with children "Operator."  An executive or facility director The term does not include a person who is not involved in managerial decisions related to the provision services for or care children with regard to any the following: (1)  Personnel. Chapter 79  Miscellaneous Provisions   § 7901  Uniformity application and construction   § 4341  Commencement support actions or proceedings § 4342  Expedited procedure 3104  Bases jurisdiction 3105  Effect agreement between parties 3106  Premarital agreements   Enactment  Chapter 31 was added Decem P. effective in. (10)  Implement safeguards applicable to all confidential information received by the domestic relations section in order to protect the privacy rights the parties including: (i)  safeguards against unauthorized use or disclosure information relating to proceedings or actions to establish paternity or to establish modify or enforce support or to make or enforce a child custody determination; 2013 Amendment  Act 108 added section 6304 Cross References  Section 6304 is referred to in section 6303 this title 23c6305s § 6305  Electronic reporting. (2) An obligor shall become subject to to enforce a prior order support upon the request the dependent regardless any delinquency and whether or not such order is subject to a contingent income In such cases the dependent shall cause a notice to be served on such obligor which notice shall comply in all respects with the delinquency notice required under subdivision (1) this subsection except that such notice shall not be required to allege a delinquency. (I)  the issuing court did not have jurisdiction under Subchapter B (relating to jurisdiction); (ii)  the child custody determination for which enforcement is sought has been vacated stayed or modified by a court having jurisdiction to do so under Subchapter B; or (iii)  the respondent was entitled to notice but notice was not given in accordance with the standards section 5408 (relating to notice to persons outside Commonwealth) in the proceedings before the court that issued the order for which enforcement is sought; or "indicated report for school employee."  (Deleted by amendment) "Individual residing in the same home as the child."  (Deleted by amendment) "Institution higher education."  Any the following: Chapter 76 REGISTRATION ENFORCEMENT AND MODIFICATION SUPPORT ORDER   Subchapter (C)  Functions authorized.--The county agency staff shall perform those functions assigned to it by this chapter and such other functions as would further the purposes this chapter 23c6361v ( P. )   No ‌ County (name) To any person authorized by law to solemnize : (C)  Receipt reports by department and referral to law enforcement.--If the department receives a report suspected child abuse that also alleges that a criminal fense has been committed against the child the department shall immediately transmit an oral notice or notice by electronic technologies to the appropriate law enforcement ficial 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 information in confidential reports): (1)  That a report suspected child abuse has been received. (1)  A party entitled to receive notice may file with the court an objection to the proposed relocation and seek a temporary or permanent order to prevent the relocation The nonrelocating party shall have the opportunity to indicate whether he objects to relocation or not and whether he  objects to modification the custody order or not If the party objects to either relocation or modification the custody order a hearing shall be held as provided in subsection (g)(1) The objection shall be made by completing and returning to the court a counter-affidavit which shall be verified subject to penalties under 18 Pa.C.S § 4904 (relating to unsworn falsification to authorities) in substantially the following form: (5)  Make available child support and paternity determination services to any individual not receiving assistance to the extent required by Federal law and upon application submitted to the department on forms provided by the department the payment any application fee established by the department and the agreement to pay costs in excess any fee out any recovery made by the department (c)  Incentive payments.--The department shall make incentive payments to political subdivisions and other states consistent with Federal law whenever the political subdivision or other state enforces or collects support payable to the department (D)  Faith and credit.--If a tribunal another state has issued a child support order under a law substantially similar to this part which modifies a child support order a tribunal this State tribunals this State shall recognize the continuing exclusive jurisdiction the tribunal the other state (d.1)  Modification.--A tribunal this State that lacks continuing exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal another state to modify a support order issued in. ( P. eff July 1 1995) 23c6373s § 6373  General protective services responsibilities county agency (a)  Program objectives.--Each county agency is responsible for administering a program general protective services to children and youth that is consistent with the agency's objectives to: (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 (A)  General rule.--The court shall have jurisdiction over all proceedings under this chapter (b)  Effect departure and nonresidence.--The right the plaintiff to relief under this chapter shall not be affected by either the following: (1)  The plaintiff's leaving the residence or household to avoid further abuse. (C)   and distribution funds.--Except as otherwise provided in subsection (d) and section 7501.2 (relating to compliance with multiple income- orders) the employer shall withhold and distribute the funds as directed in the order by complying with terms the order which specify: (1)  the duration and amount periodic payments current child support stated as a sum certain; (F)  Final determination.--Immediately upon conclusion the child abuse investigation the county agency shall provide the results its investigation to the department in a manner prescribed by the department Within three business days receipt the results the investigation from the county agency the department shall send notice the final determination to the subjects the report other than the abused child The determination shall include the following information: (1)  The status the report. The license shall have appended to it two certificates numbered to correspond with the license (one marked original and one marked duplicate) which shall be in substantially the following form: I hereby certify that on (date) at (city borough or town) Pennsylvania (name) and (name) were by me united in in accordance with license issued by the Court Common Pleas (name) numbered (I)  The length time that the child has been under actual care custody and control a person other than a birth parent and the circumstances relating thereto (ii)  The interaction and interrelationship the child with birth relatives and other persons who routinely interact with the birth relatives and may significantly affect the child's best interests (iii)  The adjustment to the child's home school and community. (B) (1) Subject to the provisions subsection (d) this section whenever an order the Superior Court or a family support magistrate for support a child or children is issued and in IV-D support cases the person against whom such support order is issued owes past-due support in the amount specified in subsection (c) this section the Department Social Services shall submit to the Commissioner Administrative Services the name such person and request the from refunds state income taxes owed to such person an amount equal to the past-due support and payment such withheld amount by the Commissioner Revenue Services to the state for distribution in accordance with subsection (d) this section. (2)  Property excluded by valid agreement the parties entered into before during or after the (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 divorce except for property acquired in exchange for marital assets (2)  On a timely basis be given access to relevant court  records reports examination the parents or other custodian the child and medical psychological and school records (3)  Participate in all proceedings (4)  Conduct such further investigation necessary to ascertain relevant facts for presentation to. "child custody determination."  Any judgment decree or other order 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 separation neglect abuse dependency guardianship paternity termination parental rights or protection from domestic violence An obligor may contest the validity or enforcement an income- order issued in another state and received directly by an employer in this State by registering the order in a tribunal this State and filing a contest to that order as provided in Chapter 76 (relating to registration enforcement and modification support order) or otherwise contesting the order in the same manner as if the order had been issued by a tribunal this State The obligor shall give notice the contest to: (1)  a support enforcement agency providing services to the obligee; (J P. eff 60 days; P. eff 60 days)   1992 Amendment.  Act 34 amended subsec (b) Cross References.  Section 2513 is referred to in sections 2504 2714. "health care provider."  A licensed hospital or health care facility or person who is licensed certified or otherwise regulated to provide health care services under the laws this Commonwealth including a physician podiatrist optometrist psychologist physical therapist certified nurse practitioner registered nurse nurse midwife physician's assistant chiropractor dentist pharmacist or an individual accredited or certified to provide behavioral health services "Immediate vicinity."  An area in which an individual is physically present with a child and can see hear direct and assess the activities. (4)  The taking photographic identification the child or any other child in the child's household which shall be maintained in the case file (5)  Communication with the department's service under section 6332 (relating to establishment Statewide toll-free telephone number) (d)  Investigative actions.--During the investigation all the following. A minor parent or a guardian or other legal representative a minor parent may maintain a proceeding on behalf or for the benefit the minor's child 23c7303s § 7303  Application law this State Except as otherwise provided by this part a responding tribunal. (5)  Whether the parent or parents whose parental rights are to be terminated have received counseling with respect to the termination and the alternatives thereto If so the report shall state the dates on which the counseling was provided and the name and address the counselor or agency which provided the counseling (6)  The name address and signature the person or persons making the report Immediately above the signature the person or persons intending to adopt the child shall appear the following statement: ( P. eff July 1 1996; P. eff Mar 1 1999; Dec 9 2002 P. eff 60 days; July 3 2008 P. eff 180 days; P. eff 90 days; P. eff )   2014 Amendment  Act 44 added subsec (d.1) (G)  Transfer upon final entry.--A defendant who has previously relinquished firearms other weapons or ammunition to the sheriff pursuant to a temporary order shall be permitted to have the firearms other weapons and ammunition relinquished to a third party pursuant to this section following entry a final protection from abuse order which order provides for the relinquishment firearms other weapons or ammunition during the period time the order is in effect § 7611  Modification child support order another state (a)  Authority.--After a child support order issued in another state has been registered in this State the responding tribunal this State may modify that order upon petition only if section 7613 (relating to jurisdiction to modify child support order another state when individual parties reside in this State) does not apply and after notice and hearing it finds one the following: (1)  The following requirements. (1)  Whether the person was named as a perpetrator 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 the incidents upon which the report is based and the type abuse or neglect involved in any reports identified under paragraph (1) (1)  Pursuant to 18 Pa.C.S Ch 91 (relating to criminal history record information) a report criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State Police that the State Police central repository contains no such information relating to that person The criminal history record information shall be limited to that which is disseminated pursuant to 18 Pa.C.S § 9121(b)(2) (relating to general regulations) Cross References.  Section 5444 is referred to in section 5448 this title 23c5445s § 5445  Registration child custody determination (a)  General rule.--A child custody determination issued by a court another state may be registered in this Commonwealth with or without a simultaneous request for enforcement by sending to the appropriate court in this Commonwealth: (A)  General rule.--Any party to an agreement a sibling or a child who is the subject an agreement may seek to enforce an agreement by filing an action in the court that finalized the adoption (b)  Remedies.--Any party to an agreement a sibling or a child who is the subject an agreement may request only specific performance in seeking to enforce an agreement and may not request monetary damages or modification an agreement (c)  Requirements.--For an agreement to be enforceable it. (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 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 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 time after the order was issued consistent with due process § 2555  Responsibilities public and private agencies § 2556  Related activities agencies unaffected § 2557  Regulations. The license shall be issued if it appears from properly completed applications on behalf each the parties to the proposed that there is no legal objection to the Except as provided by section 1303(b) (relating to waiting period after application) the license shall not be issued prior to the third day following the date the most recent the two applications therefor 23c1308s § 1308  Judicial review refusal to issue license. (I)  the child the individual obligee and the obligor do not reside in the issuing state; (ii)  a petitioner who is a nonresident this State seeks modification; and (iii)  the respondent is subject to the personal jurisdiction the tribunal. "primary physical custody."  The right to assume physical custody the child for the majority time "Relocation."  A change in a residence the child which significantly impairs the ability a nonrelocating party to exercise custodial rights "Shared legal custody."  The right more than one individual to legal custody. ( P. eff Jan 1 1998)   1997 Amendment  Act 58 added section 7614 was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support (V)  18 Pa.C.S § 4302 (relating to incest) where the fense involved sexual intercourse Paternity the child under this paragraph shall be established through voluntary acknowledgment paternity or blood genetic or other type paternity test acceptable to the court The cost the testing shall be borne by the parent who was convicted the fense (3)  Parents may be liable for the support their children who are 18 years age. (B)  Lien.--The court may impose a lien or charge upon property a party as security for the payment alimony or any other award for the other party (c)  Family home.--The court may award during the pendency the action or otherwise to one or both the parties the right to reside in the marital residence 2013 Amendment  Section 6 Act 119 provided that the amendment section 6341 shall apply to appeals filed on or after the effective date section 6 References in Text  The short title the act J P. known as the Public Welfare Code referred to in subsection (b) was amended by the act Decem P. The amended short title is now the Human Services Code. "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: (E)  Expunction invalid general protective services reports.--When a report alleging the need for general protective services is determined by the appropriate county agency to be an invalid report the information concerning that report shall be maintained for a period one year Following the expiration one year after the date the report was received by the department the report shall be expunged as soon as possible but no later than 120 days after the one-year period following the date the report was received by the department The expunction shall be mandated and guaranteed by the department Determination whether a claim or defense was made for the purpose harassment or solely for delay is a question fact so due process requires that evidentiary hearing be held on a motion for fees pursuant to section 54 CA 121 (Return to ChapterTable Contents) (Return toList Chapters) (Return toList Titles) Sec 52-400d Appeal certain court decisions (a) Any court decision on a determination interest in property under section 52-356c or on an exemption claim or on a contempt proceeding or on any stay ordered pursuant to an installment payment order shall be a final decision for the purpose appeal. Jurisdiction   Sec 5421.  Initial child custody jurisdiction 5422.  Exclusive continuing jurisdiction. (2)  If the person responsible for employment decisions or the administrator a program activity or service has a reasonable belief that an employee or volunteer was arrested or convicted for an fense that would constitute grounds for denying employment or participation in a program activity or service under this chapter or was named as a perpetrator in a founded or indicated report or the employee or volunteer has provided notice as required under this section the person responsible for employment decisions or administrator a program activity or service shall immediately require the employee or volunteer to submit current information as required under subsection 6344(b) The cost the information set forth in subsection 6344(b) shall be borne by the employing entity or program activity or service (A)  General rule.--Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction) or by other laws this Commonwealth if a court this Commonwealth has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct the court shall decline to exercise its jurisdiction unless: (1)  the parents and all persons acting as parents have acquiesced in the exercise jurisdiction; Chapter 57 SEX TRAFFICKING AND MISSING AND ABDUCTED CHILDREN   Sec 5701  Definitions. (N)  Transfer 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 protective services under this chapter the file shall include any photographic identification and an annual photograph taken the child (o)  Availability information.--Information related to reports a child in need 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 information in confidential reports) (B.2)  Conversion.--A support enforcement agency this State that requests registration and enforcement a support order arrears or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable ficial or market exchange rates as publicly reported 2014 Amendments  Act 29 amended subsecs (b)(2) (o)(1) and (p)(1) and added subsec (h.1)  Act 45 amended subsecs (b) (c) hdg and (1) (o) and (p) and Act 153 amended the section heading and subsecs (a) (b) (c)(3) (d)(5) and (6) (m) (n) and (p) added subsecs (a.1) (b.1) (b.2) (c.1) and (d)(4.1) and deleted subsecs (d)(3) and (4) (k) and (l) 2007 Amendment  Act 73 amended subsecs (b) (d)(1) (2) (3) (4) and (5) (e) (f) and (k) and added subsec (b.1) effective immediately as to subsec (b.1) January 1 2008 as to subsecs (b) and (d)(1) (2) (3) (4) and (5) and July 1 2008 as to subsecs (e) (f) and (k) (3)  With leave court in which the adoptee formerly resided 23c2311h     SUBCHAPTER B § 3304  Grounds for void s (a)  General rule.--Where there has been no confirmation by cohabitation following the an impediment the supposed or alleged a person shall be deemed void in the following cases: (1)  Where either party at the time such had an existing spouse and the former had not been annulled nor had there been a divorce except where that party had obtained a decree presumed death the former spouse Sec 52-391 Execution; demand for debt due from insolvent estate Sec 52-392 Execution; payment by executor administrator or trustee Sec 52-393 Scire facias against executor administrator or trustee Secs 52-394 to 52-396 ficer to give items fees to execution debtor Completion levy by ficer not reelected or reappointed Satisfaction judgment to be entered on record Sec 52-397 Examination judgment debtor Sec 52-398 Scope inquiry; debtor not excused from answering Sec 52-399 Commitment debtor for contempt. "safekeeping permit."  A permit issued by a sheriff allowing a person to take possession any firearm other weapon or ammunition that a judge ordered a defendant to relinquish in a protection from abuse proceeding "Secure visitation facility."  A court-approved visitation program fered in a facility with trained pressional staff operated in a manner that safeguards children and parents from abuse and abduction "Sheriff." (3)  Register recognize enforce or modify a prior support order determination or agreement whenever issued or entered 23c7902v ( P. eff imd.)   2015 Amendment  Act 94 added section 7902. (6)  Coordination its functions with other state regional and national adoption exchanges 23c2555s § 2555  Responsibilities public and private agencies. (F) Hearing (1) Upon receipt an exemption claim form or a secured party claim notice the clerk the court shall enter the appearance the judgment debtor or such secured party with the address set forth in the exemption claim form or secured party claim notice The clerk shall forthwith send file-stamped copies the exemption claim form or secured party claim notice to the judgment creditor and judgment debtor with a notice stating that the disputed funds are being held for forty-five days from the date the exemption claim form or secured party claim notice was received by the financial institution or until a court order is entered regarding the disposition the funds whichever occurs earlier and the clerk shall automatically schedule the matter for a short calendar hearing The claim exemption filed by such judgment debtor shall be prima facie evidence at such hearing the existence the exemption. (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 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 23c6101h     (1)  If after a hearing the failure or refusal is determined to have been willful impose the penalties section 4345(a) (relating to contempt for noncompliance with support order) (2)  Enter an order for a sum certain against the obligated parent for the cost medical care for the child and for any premiums paid or provided for the child during any period in which the obligated parent failed or refused to provide coverage Failure to comply with an order under this paragraph shall be subject to section 4348 (relating to attachment income) § 77A02  Applicability This chapter applies only to a support proceeding under the convention In a proceeding if a provision this chapter is inconsistent with Chapter 71 (relating to general provisions) 72 (relating to jurisdiction) 73 (relating to civil provisions general application) 74 (relating to establishment support order or determination parentage) 75 (relating to enforcement support order without registration) or 76 (relating to registration enforcement and modification support order) this chapter controls   CHAPTER 56 STANDBY GUARDIANSHIP   Subchapter (10)  Whether the accused actually was arrested or whether there is an outstanding arrest warrant (11)  The crimes with which the accused was charged (12)  If the accused was arrested and arraigned whether bail was set and any conditions bail imposed § 2936  Refusal to search (a)  Agency.-- (1)  If an agency is satisfied that a request could cause physical or emotional harm to the requesting individual or others the agency may decline to conduct a search to determine whether an individual will authorize the disclosure identifying information or contact under this chapter § 6341  Amendment or expunction information § 6342  Studies data in records § 6343  Investigating performance county agency 18 Pa.C.S § 6312 (relating to sexual abuse children) 18 Pa.C.S § 6318 (relating to unlawful contact with minor) 18 Pa.C.S § 6320 (relating to sexual exploitation children) Section 6114 (relating to contempt for violation order or agreement). (1)  Cause a search to be made periodically the following: (i)  Its records relative to the Title IV-D Program (ii)  Any information received from county domestic relations fices relative to arrearages court-ordered child support A petition has been filed asking the court to put an end to all rights you have to your child (insert name child) The court has set a hearing to consider ending your rights to your child That hearing will be held in (insert place giving reference to exact room and building number or designation) on (insert date) at (insert time) Your presence is required at the hearing You have a right to be represented at the hearing by a lawyer You should take this paper to your lawyer at once If you do not have a lawyer or cannot afford one go to or telephone the fice set forth below to find out where you can get. B    After the child/children relocate 3   I do object to the relocation and I do object to the modification the custody order and I further request that a hearing be held on both matters prior to the relocation taking place (A)  required by section 1205.6 the act Ma (P. ) known as the Public School Code 1949 and the training program was approved by the Department Education in consultation with the department; or (B)  required by the act J (P. ) known as the Public Welfare Code and the training program was approved by the department (iii)  The amount training received equals or exceeds the amount training or continuing education required by paragraph (3) (8)  That it is the desire the petitioner or the petitioners that the relationship parent and child be established between the petitioner or petitioners and the adoptee (9)  If no birth certificate or certification registration birth can be obtained a statement the reason therefor and an allegation the efforts made to obtain the certificate with a request that the court establish a date and place birth at the adoption hearing on the basis the evidence presented 7201  Bases for jurisdiction over nonresident 7202  Procedure when exercising jurisdiction over nonresident (Repealed) 7202.1 Duration personal jurisdiction 23c7201s § 7201  Bases for jurisdiction over nonresident. (3)  Explaining to the parent guardian or other custodian the rights provided for under 42 Pa.C.S §§ 6337 (relating to right to counsel) and 6338 (relating to other basic rights) 23c6315v ( P. eff July 1 1995; Dec 9 2002 P. eff 60 days; P. eff ; July 2 2014 P. eff 60 days; P. eff. (C)  Authority agency or person receiving custody.--An agency or person receiving custody a child shall stand in loco parentis to the child and in such capacity shall have the authority inter alia to consent to to enlistment in the armed forces and to major medical psychiatric and surgical treatment and to exercise such other authority concerning the child as a natural parent could exercise 23c2530h       § 6  Department Public Welfare reports. Enactment  Unless otherwise noted the provisions Title 23 were added Octo P. effective January 1 1981     PART I GENERAL PROVISIONS (M)  Waiver.--Nothing in this section shall be construed to prevent the fice Victim Advocate from granting a waiver to a State or local government agency pursuant to this section upon receipt a program participant's written consent to do so 23c6709v   Cross References.  Section 6709 is referred to in sections 6707 6708. § 8102  Scope § 8103  Remedies cumulative   (4)  A person who is a member the same household as a program participant (5)  A program participant who notifies the fice Victim Advocate the participant's intent to continue in the program prior to the expiration certification 23c6704v   (C)  Presumption good faith.--For the purpose any civil or criminal proceeding the good faith a person required to report pursuant to section 6311 (relating to persons required to report suspected child abuse) and any person required to make a referral to law enforcement ficers under this chapter shall be presumed 23c6318v ( P. eff July 1 1995; P. eff 60 days; July 3 2008 P. eff 180 days; P. . (G)  Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Assistance group."  The term shall have the meaning given in section 402 the act J (P. ) known as the Public Welfare Code "Family."  The term shall include the child for whom support is received the custodial parent living with the child and any other person in the same assistance group as. (2)  A foreign country state or political subdivision to which the rights under a duty support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place child support (3)  An individual seeking a judgment determining parentage the individual's child (4)  The Department Human Services. (1)  Recognition and enforcement 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. ( P. eff July 1 1995) 23c6372s § 6372  Protecting well-being children maintained outside home. (2)  Provide written information furnished by the department to the birth mother and birth father which explains the benefits having the child's paternity established the availability paternity establishment services and the availability child support enforcement agencies (d)  Conclusive evidence.--Notwithstanding any other provision law an acknowledgment paternity shall constitute conclusive evidence paternity without further judicial ratification in any action to establish support The court shall give full faith and credit to an acknowledgment paternity signed in another state according to its procedures 4602.  definitions 4603.  Relatives' liability; procedure 4604.  Property liable for expenses 4605.  Recovery of money 4606.  Guardian. § 4104  Right married person to separate earnings § 4105  Loans between married persons § 4106  Construction chapter 18 Pa.C.S § 3121 (relating to rape); 18 Pa.C.S § 3123 (relating to involuntary deviate sexual intercourse); 18 Pa.C.S § 4954 (relating to protective orders); or 23 Pa.C.S § 6108 (relating to relief). Subsec (c): Deficiency judgment rendered pursuant to Sec 49-14 may be obtained in judgment lien foreclosure actions brought pursuant to this section. "income- order."  An order or other legal process directed to an obligor's employer or other debtor in accordance with section 4348 (relating to attachment income) to withhold support from the income the obligor "Initiating county."  A county in which a proceeding under this part or a law substantially similar to this part the Uniform Reciprocal Enforcement Support Act or the Revised Uniform Reciprocal Enforcement Support Act is filed for forwarding to a responding county 2013 Amendment  Act 107 added subsec (a)(2.1) See section 6 Act 107 in the appendix to this title for special provisions relating to applicability Cross References  Section 5328 is referred to in sections 5323 6340 this title; section 6307 Title 42 (Judiciary and Judicial Procedure) 23c5329s § 5329  Consideration criminal conviction. (3)  A parent legal custodian or legal guardian may also but need not designate an alternate in the designation (4)  A designation may but need not be in the following form: I (insert name designator) do hereby appoint (insert name address and telephone number standby guardian) as the standby guardian (insert name(s) minor(s)) to take effect upon the occurrence the following triggering event or events (insert specific triggering events) (1)  all the parties who are individuals file consent in a record with the tribunal this State that a tribunal another state that has jurisdiction over at least one the parties who is an individual or that is located in the state residence 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) (A)  Issuance.--A copy 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 this chapter or as ordered by the court or hearing ficer (D.1)  Release by county agency.--Prior to completing its child fatality or near fatality report the investigating county agency may release the following information to the public concerning a child who died or nearly died as a result suspected or substantiated child abuse: (1)  The identity the child only in the case a child's fatality (2)  If the child was in the custody a public or private agency the identity the agency 1998 Amendment  Act 127 added subsec (a)(13) Act 127 1998 was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support Cross References  Section 4377 is referred to in section 4355. ( P. eff 180 days; P. eff 60 days)   Effective Date  Section 17 provided that notwithstanding section 4 the amendment section 6319 shall take effect Decem Cross References  Section 6319 is referred to in sections 6320 6335. General PROVISIONS   Sec 5611.  Designation 5612.  Petition for approval a designation. (Iv)  If a plaintiff petitions for a temporary order under section 6107(b) (relating to hearings) and the defendant has partial shared or full custody the minor children the parties by order court or written agreement the parties the custody shall not be disturbed or changed unless the court finds that the defendant is likely to inflict abuse upon the children or to remove the children from the jurisdiction the court prior to the hearing under section 6107(a) Where the defendant has forcibly or fraudulently removed any minor child from the care and custody a plaintiff the court shall order the return the child to the plaintiff unless the child would be endangered by restoration to the plaintiff (B) A release a judgment lien on real property is sufficient if (1) the release specifies the names the judgment creditor and judgment debtor the date the lien and the town and volume and page where the judgment lien certificate is recorded and (2) the signature the lienholder attorney or personal representative is acknowledged and witnessed in the same manner as a deed on real property The town clerk with whom the lien was recorded shall note such release as by law provided and shall index the record each such release under the name the judgment creditor and judgment debtor except that a manual notation such release shall not be required if such town clerk provides public access to an electronic indexing system that combines the grantor index and the grantee index the town's land records. § 7206  Continuing jurisdiction to enforce child support orders (a)  Initiating tribunal.--A tribunal this State that has issued a child support order consistent with the law this State may serve as an initiating tribunal to request a tribunal another state to enforce: (1)  the order if the order is the controlling order and has not been modified by a tribunal another state that assumed jurisdiction under a law substantially similar to this part; or History: P.A 84-527 amended Subsec (b) to provide for the issuance a turnover order “after notice and hearing or as provided in Subsec (c)” and to require a third person against whom an order is to be directed to be notified his right to a determination any interest claimed in the property added a new Subsec (c) to authorize the court to issue an ex parte turnover order and redesignated former Subsec (c) as Subsec (d) and provided that a turnover order need not be personally served if directed to a person before the court; P.A 97-86 amended Subsec (a) to replace “If an execution is issued the judgment creditor may apply to the court for an order in aid the execution” with “If a judgment is unsatisfied the judgment creditor may apply to the court for an execution and an order in aid the execution”; P.A 05-288 made a technical change in Subsec (b) effective. (2)  If more than one the tribunals would have continuing exclusive jurisdiction under this part an order issued by a tribunal in the current home state the child controls and must be so recognized but if an order has not been issued in the current home state the child the order most recently issued controls and must be so recognized (3)  If none the tribunals would have continuing exclusive jurisdiction under this part the tribunal this State shall issue a child support order which controls (4)  sufficient cause to order the party proposing the relocation to pay reasonable expenses and counsel fees incurred by the party objecting to the relocation; and (5)  a ground for contempt and the imposition sanctions against the party proposing the relocation (k)  Mitigation.--Any consideration a failure to provide reasonable notice under subsection (i) shall be subject to mitigation if the court determines that such failure was caused in whole or in part. ( P. eff July 1 1995; P. eff Mar 1 1999; Apr 7 2014 P. eff ; P. eff )   2014 Amendments  Act 29 amended the entire section and Act 45 amended subsecs (b) and (c)   2015 Amendment  Act 94 amended subsec (b) 1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support The act J (P. ) referred to as the Right-to-Know Law referred to in subsec (d.1)(4) was repealed by the act Febru (P.L.6 No.3) known as the Right-to-Know Law 23c4353s § 4353  Duty to report. Viii  Uniform Interstate Family Support VIII-A Intrastate Family Support IX  Miscellaneous Provisions (Repealed)   (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 newborns) (b)  Accepting newborns.--When a health care provider accepts a newborn pursuant to this chapter a parent police ficer or emergency services provider may provide a health care provider with information about the newborn's medical history and any identifying information ( P. eff 60 days)   Cross References.  Section 1303 is referred to in section 1307 this title 23c1304s § 1304  Restrictions on issuance license. A  Petition B  Consents C  Hearings D  Voluntary Agreement for Continuing Contact     Sec 3101  Short title part 3102  Legislative findings and intent 3103  Definitions. "register."  To record in a tribunal this State a support order or judgment determining parentage a child issued in another state or foreign country "Registering tribunal."  A tribunal in which a support order or judgment determining parentage a child is registered 5102  Children declared to be legitimate 5103  Acknowledgment and claim paternity 5104  Blood tests to determine paternity 5105  Fingerprinting children   (2)  The department's child fatality or near fatality review shall be commenced immediately upon receipt a report to the department that a child died or nearly died as a result suspected child abuse The department shall provide assistance and relevant information to the child fatality or near fatality review team and attempt to coordinate its fact-finding efforts and interviews with the team to avoid duplication The department's child fatality or near fatality review and report shall be completed as soon as possible but no later than six months from receipt the initial report the child fatality or near fatality Jurisdiction   Subchapter A  Extended Personal Jurisdiction B  Proceedings Involving Two or More States (B)  Obligee support proceedings.--All the following support proceedings are available to an obligee under the convention: (1)  Recognition or recognition and enforcement a foreign support order (2)  Enforcement a support order issued or recognized in. (B)  Confirmation reports.--A confirmation by the department the receipt a report suspected child abuse submitted electronically shall relieve the person making the report making an additional oral or written report 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 Decem (P. ) 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 personally identifiable information § 6708  Disclosure actual address § 6709  Waiver process § 6710  Emergency disclosure § 4364  Credit to plaintiff who purchases property § 4365  Rights divorced person in entireties property sold for support (3)  The limitation firearm rights for the duration a protection from abuse order as authorized by 23 Pa.C.S Ch 61 is a reasonable regulation a valid exercise the police power 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   § 6508  Duty hospital § 6509  Duties department   ( P. eff 180 days)   2005 Amendment.  Act 66 added section 6120 23c6121s § 6121  Warrantless searches. (Apr 7 2014 P. eff )   2014 Amendment  Act 29 added section 6334.1 Cross References  Section 6334.1 is referred to in section 6340. (6)  except as provided in paragraph (4.2) to not take into account the fact that any individual whether or not a child is eligible for or is being provided medical assistance when enrolling that individual or when making any payments for benefits to the individual or on the individual's behalf (h)  Obligations noninsurers.--To the maximum extent permitted by Federal law the obligations subsection (g) shall apply to noninsurers providing health care coverage within this Commonwealth including health maintenance organizations self-insured employee health benefit plans and any other entity fering a service benefit plan (D.2)  Special procedures for recreational licenses issued by Pennsylvania Game Commission.-- (C)  Dilatory actions.--Except as provided in subsection (a) the tribunal shall order the payment costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay In a proceeding under Chapter 76 (relating to enforcement and modification support order after registration) a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change 23c8401h   An income- order issued in another state may be sent by or on behalf the obligee or by the support enforcement agency to the person or entity defined as the obligor's employer under section 4302 (relating to definitions) without first filing a petition or comparable pleading or registering the order with a tribunal this State 23c7501v ( P. eff Jan 1 1998; P. . (D)  aggravated indecent assault as defined in 18 Pa.C.S § 3125 (relating to aggravated indecent assault); (E)  indecent assault as defined in 18 Pa.C.S § 3126 (relating to indecent assault); and (F)  indecent exposure as defined in 18 Pa.C.S § 3127 (relating to indecent exposure). (1)  An authorized ficial a county agency a Federal agency that has a need for such information to carry out its responsibilities under law to protect children from abuse and neglect or an agency another state that performs protective services analogous to those services performed by county agencies or the department in the course the ficial's duties multidisciplinary team members assigned to the case and duly authorized persons providing services pursuant to section 6370(a) (relating to voluntary or court-ordered services; findings. "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 (H)  Penalties for noncompliance.--The department may impose a civil penalty not to exceed $500 per day upon a hospital or birthing center which is not in compliance with the provisions this section A penalty under this subsection is subject to 2 Pa.C.S Ch 5 Subch A (relating to practice and procedure Commonwealth agencies) and Ch 7 Subch A (relating to judicial review Commonwealth agency action) (i)  Status father.--The name the father shall be included on the record birth the child unmarried parents only if one the following applies: (E)  Order.--The secretary or designated agent may make any appropriate order respecting the amendment or expunction such records to make them accurate or consistent with the requirements this chapter § 2535  Investigation (a)  General rule.--When a report required by section 2531 (relating to report intention to adopt) has been filed the court shall cause an investigation to be made and a report filed by a local public child care agency a voluntary child care agency with its consent or an appropriate person designated by the court In lieu the investigation the court may accept an investigation made by the agency which placed the child and the report investigation in such cases may be incorporated into the report the intermediary required by section 2533 (relating to report intermediary)   1997 Amendment  Act 58 amended the def "income- order" in subsec (b) was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services. "foreign support order."  A support order a foreign tribunal "Foreign tribunal."  A court administrative agency or quasi-judicial entity a foreign country which is authorized to establish enforce or modify support orders or to determine parentage a child The term includes a competent authority under the convention (1)  At least ten days' notice the hearing shall be given to the petitioner and a copy the notice shall be given to the other parent to the putative father whose parental rights could be terminated pursuant to subsection (d) and to the parents or guardian a petitioner who has not reached 18 years age (2)  The notice to the petitioner shall state the following: "To:  (insert petitioner's name) § 2915  Court and agency records (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 releasing nonidentifying or identifying information under this chapter: 4347  Security for attendance or performance 4348  Attachment income 4349  Consolidation proceedings 4350  Effect appeal 4351  Costs. (3)  at the request the obligee; or (4)  as July 1 1991 except as provided by subsection (b)(1) and (2) (b)  Future orders.--All orders support entered or modified on or after July 1 1990 shall as part the order provide for the mandatory attachment income unless: The department shall publicize the availability the registry and the manner in which information may be filed with and obtained from the registry 23c2923s § 2923  Filing information with registry 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 1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support Cross References  Section 7207 is referred to in section 7611. (1)  The party seeking enforcement the agreement is in substantial compliance with the agreement (2)  By clear and convincing evidence enforcement serves the needs welfare and best interest the child (e)  Cessation enforceability.--   2017 Amendment  Act 68 added section 6504.2 Cross References  Section 6504.2 is referred to in section 6505 this title § 6504.3  Incubators for newborns. Cross References.  Section 6110 is referred to in sections 6102 6105 this title; section 4137 Title 42 (Judiciary and Judicial Procedure) 23c6111s § 6111  Domestic violence counselor/advocate A domestic violence counselor/advocate may accompany a party to any legal proceeding or hearing under this chapter (C)  Hearing.--If a nonregistering party requests a hearing to contest the validity the registered order the registering tribunal shall schedule the matter for hearing and give notice to the parties by first class mail the date time and place the hearing 23c8413s § 8413  Contest registration or enforcement. When If one you doesn't show up how long will the other wait? If there are any extraordinary costs (taxi train airplane etc.) who will pay for. (Ii)  notice the existence the support action is available to the public through a docket book or automated means; and (iii)  the county domestic relations section is able to determine the amount overdue support by reference to its records and is able to provide the amount the overdue support upon request (2)  The priority and amount a lien for overdue support shall be determined as follows: (I)  After diligent effort the obligee is unable to effect service upon the obligor (ii)  It is not possible to enter an order against the obligor in the county where the obligee resides (iii)  The obligor is already subject to an order for support in the case at bar or in any other case (2)  The obligee requests proceedings under. It is the intention the General Assembly by enacting 23 Pa.C.S § 4327 (relating to postsecondary educational costs) to codify the decision the Superior Court in the case Ulmer v Sommerville 200 Pa Superior Ct 640 190 182 (1963) and the subsequent line cases interpreting Ulmer prior to the decision the Pennsylvania Supreme Court in Blue v Blue 532 Pa 521 616 628 (1992) decided on November. Sec 52-400e Failure to pay judgment as basis for revocation suspension or refusal to grant or renew license licensed business Whenever a judgment in a civil action which relates to activities for which a license is required has been rendered against a business which is licensed by a state or local licensing authority and which remains unpaid for one hundred eighty days after receipt by the judgment debtor notice its entry and the judgment has not been stayed or appealed the state or local licensing authority shall consider such failure to pay if deliberate or part a pattern similar conduct indicating recklessness as a basis for the revocation suspension or conditioning or refusal to grant or renew such license Nothing herein shall be construed to preempt an authority's existing policy if it is more restrictive (P.A 83-349; P.A 84-546. § 6101  Short title chapter § 6102  Definitions § 6103  Jurisdiction § 6104  Full faith and credit and foreign protection orders § 6105  Responsibilities law enforcement agencies. (6)  If the defendant fails to provide the acknowledgment receipt to the sheriff as required under paragraph (5) an affidavit prepared in accordance with section 6108(a)(7)(i)(B) (relating to relief) an affidavit under section 6108.2 (relating to relinquishment for consignment sale lawful transfer or safekeeping) or fails to relinquish any firearms other weapons or ammunition the sheriff shall at a minimum provide immediate notice to the court the plaintiff and appropriate law enforcement agencies (c)  Revocation safekeeping permit.-- (D)  Child fatality or near fatality review team and written report.-- (5)  Contact the information registry established under Subchapter C (relating to information registry) advise the registry the request for identifying information and ask whether an authorization form has been filed (6)  Notify the requesting individual its findings pursuant to this subsection (b)  No authorization form.--If an applicable authorization form is not located all the following apply: (B)  Unauthorized release information.--A person who willfully releases or permits the release any information contained in the Statewide database or the county agency records required by this chapter to persons or agencies not permitted by this chapter to receive that information commits a misdemeanor the second degree Law enforcement ficials shall insure the confidentiality and security information under this chapter A person including a law enforcement ficial who violates the provisions this subsection shall in addition to other civil or criminal penalties provided by law be denied access to the information provided under this chapter (B) The judgment lien certificate shall: (1) Be signed by the judgment creditor or his attorney or personal representative; (2) state the names and last-known addresses the judgment creditor and judgment debtor the court in which and the date on which the judgment was rendered and the original amount the money judgment and the amount due thereon; and (3) describe the personal property on which the lien is to be placed. (2)  a statement setting forth the permitted use the actual address and the names or classes persons permitted to have access to and use the actual address; (3)  a statement that the agency receiving the waiver is required to limit access to and use the actual address to the permitted use and persons set forth in the waiver; and (4)  the date on which the waiver expires if the permitted use makes the expiration appropriate after which the agency may no longer maintain use or have access to the actual address (C)  Mutual orders protection.--Mutual orders protection shall not be awarded unless both parties have filed timely written petitions complied with service requirements under section 6106 (relating to commencement proceedings) and are eligible for protection under this chapter The court shall make separate findings and where issuing orders on behalf both petitioners enter separate orders (d)  Duration and amendment order or agreement.--A protection order or approved consent agreement shall be for a fixed period time not to exceed three years The court may amend its order or agreement at any time upon subsequent petition filed by either party (B)  Lack good cause for failure to pay on time.--If the court determines that the person subject to a child support order did not have good cause for failing to make child support payments on time it may further assess costs and reasonable attorney fees incurred by the party seeking to enforce the order 23c4351v ( P. eff Jan 1 1998; P. eff imd.)   1994 Amendment.  Act 151 added section 6374 23c6375s § 6375  County agency requirements for general protective services. This designation is made after careful reflection while I am sound mind _________________________    ___________________________ (Date)                        (Designator's signature) _________________________    ___________________________ (C)  Review and decision and request for hearing.--The county agency shall review the request and issue a written decision within 45 days receipt the appeal If the agency denies the request the custodial parent or person who has primary responsibility for the welfare a child may request a hearing before the department The request must be made within 45 days the date the county agency's decision   1993 JULY 2 P.   Preamble (E)  Notification.--The tribunal shall promptly notify the parties the registration or the order vacating the registration a convention support order 23c77A06v Cross References  Section 77A06 is referred to in sections 7602 77A05 77A08. "court."  An entity authorized under the law 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 (5)  A direction that all payments are to be credited to current support obligations first with any payment in excess to be applied to arrearages (d.1)  Insurance.--If an obligor or obligee is in violation an order under section 4326(j)(3) (relating to mandatory inclusion child medical support) the attachment shall be in favor the appropriate provider health care coverage (e)  Attachment process.-- Chapter 51 GENERAL PROVISIONS   Sec 5101  Attainment. (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 the residence or household to the exclusion the defendant by evicting the defendant or restoring possession to the plaintiff or with the consent the plaintiff ordering the defendant to provide suitable alternate housing § 1104  Forms license applications consent certificates licenses and other necessary forms shall be supplied at the expense the county and shall be uniform throughout this Commonwealth as prescribed by the department Statements physicians and laboratories relative to examinations for syphilis shall be prepared and furnished by the department (A)  Is required to register as a Tier II or Tier III sexual fender under 42 Pa.C.S Ch 97 Subch H (relating to registration sexual fenders) where the victim the sexual fense was under 18 years age when the crime was committed (B)  Has been determined to be a sexually violent predator under 42 Pa.C.S § (relating to assessments) or any its predecessors (C)  Has been determined to be a sexually violent delinquent child as defined in 42 Pa.C.S § (relating to definitions) Part VI CHILDREN AND MINORS   Chapter 51  General Provisions § 8303  Duties initiating tribunal Upon the filing a petition or complaint authorized by this part an initiating tribunal shall forward one copy the petition or complaint and its accompanying documents to the responding tribunal 23c8303v   History: P.A 83-587 added Subsec (b) re validation wage executions issued prior to J; P.A 84-226 amended Subsec (a) by clarifying that the lien property execution or wage execution was outstanding “on J” and amended Subsec (b) by replacing provision which excepted from validation “any execution with respect to which a person claims an exemption or seeks a modification pursuant to Sec 52-361b within 45 days J” with provision that the execution is validated “subject to the right the judgment debtor to claim an exemption or seek a modification pursuant to Sec 52-361b” Cited 1 CA 291;. (C)  Incompetent persons.--No license may be issued if either the applicants for a license is weak minded insane unsound mind or is under guardianship as a person unsound mind unless the court decides that it is for the best interest the applicant and the general public to issue the license and authorizes the issuance the license (d)  Persons under influence alcohol or drugs.--No license may be issued if at the time making application either the applicants is under the influence alcohol. § 2933  Identifying information § 2934  Statement medical and social history information § 2935  Confidentiality     SUBCHAPTER A PRELIMINARY PROVISIONS   (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 child and spousal support enforcement and to the extent allowed by Federal law for administration public assistance programs Any person government agency employer or agent the department who divulges such information in a manner not provided in this section commits a misdemeanor the third degree and upon conviction shall be sentenced to pay a fine up to $1,000 per violation and costs and shall be subject to a term imprisonment not more than one year. (C)  Failure to contest.--If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (b) the order is enforceable (d)  Basis contest.--A contest a registered convention support order may be based only on grounds set forth in section 77A08 (relating to recognition and enforcement registered convention support order) The contesting party shall bear the burden pro (1)  an affidavit stating that the party provided notice to every individual entitled to notice the time to file an objection to the proposed relocation has passed and no individual entitled to receive notice has filed an objection to the proposed relocation; (2)  Pro that proper notice was given in the form a return receipt with the signature the addressee and the full notice that was sent to the addressee (3)  a petition to confirm the relocation and modify any existing custody order; and (B)  Service.--A person who is subject to personal jurisdiction in this Commonwealth on a basis other than physical presence is not immune from service process in this Commonwealth A party present in this Commonwealth who is subject to the jurisdiction another state is not immune from service process allowable under the laws that state (c)  Acts committed while in this Commonwealth.--The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this Commonwealth Spring Vacation   Cross References  Section 2739 is referred to in sections 2741 2742 this title 23c2740s § 2740  Procedures for facilitating and resolving agreements involving a county child welfare agency. (C)  Tribal custody determinations.--A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards this chapter must be recognized and enforced under Subchapter C (relating to enforcement) 23c5405s § 5405  International application chapter. 2004 Amendment  Act 21 amended subsec (a) Section 2 Act 21 provided that the amendment subsec (a) shall apply to adoptions which are initiated on or after the effective date section 2 References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services by Act 132 2014 Cross References  Section 2504 is referred to in section 2505. (2)  Any employee aggrieved by a violation this subsection shall have the substantive right to bring an action for damages by reason such violation in a court competent jurisdiction (3)  The department or a domestic relations section may impose a civil penalty up to $1,000 per violation against any employer that willfully violates the provisions this subsection or that willfully fails to withhold income or to pay such amounts to the State disbursement unit No party to a child custody matter in which the court has appointed a licensed health care or behavioral health practitioner to assist the court by conducting an examination or evaluation the parties involved or making a recommendation concerning a child custody agreement or order may be permitted to file a complaint against the practitioner with the practitioner's State licensing board prior to the final agreement or order being issued and for 60 days thereafter As used in this section "licensed health care or behavioral health practitioner" means a person who is licensed certified accredited or otherwise regulated by the Commonwealth to provide health care or behavioral health services (2)  The period time for which the arrearage is calculated (3)  The amount periodic support to be applied to current support and the amount to be applied to arrearages (4)  If support arrearages are owed to more than one obligee how payments are to be divided and in which priority (1)  the obligor is not in arrears in payment in an amount equal to or greater one month's support obligation; and (2)  (i)  one the parties demonstrates and the court finds that there is good cause not to require immediate income ; or (ii)  a written agreement is reached between the parties which provides for an alternative arrangement "employee."  An individual who is an employee within the meaning Chapter 24 the Internal Revenue Code 1986 (Public Law 99-514 26 U.S.C § 3401 et seq.) The term shall not include an employee a Federal or State agency performing intelligence or counterintelligence functions if the head the agency has determined that reporting the information required by this section with respect to the employee could endanger the safety the employee or compromise an ongoing investigation or intelligence mission (4)  Provide or arrange reasonable services to ensure the child is provided with proper parental care control and supervision 23c6386v (Nov 9 2006 P. eff 180 days; P.L.6 No.4 eff 90 days; July 1 2015 P. eff imd.)   § 5450  Hearing and order § 5451  Warrant to take physical custody child § 5452  Costs fees and expenses (2)  This subsection shall not apply to an individual with an intellectual disability or chronic psychiatric disability receiving services in a home (3)  As used in this subsection the term "agency" means a family living home agency community home agency for individuals with an intellectual disability or a host home agency (2)  Information about the birth parents a child that may concern a potential hereditary or congenital medical problem "Noncertified copy original birth record."  A summary original birth record similar in form to a certified copy an original birth record and consisting only the names and ages the birth parents the date and county the birth the child and the name given to the child at birth "Social history information."  The term includes but is not limited to the following: (Ii)  This paragraph shall not apply to an employee an institution higher education whose direct contact with children in the course employment is limited to either: (A)  prospective students visiting a campus operated by the institution higher education; or (B)  matriculated students who are enrolled with the institution. (F)  Editing information.--Before the release information from the registry the department shall remove any identifying information unless authorized in writing by the subject the information to release the identifying information 23c2925v   Cross References  Section 2925 is referred to in section 2911. (2)  If the responding tribunal is in a foreign country upon request the tribunal this State shall specify the amount support sought convert that amount into the equivalent amount in the foreign currency under applicable ficial or market exchange rates as publicly reported and provide other documents necessary to satisfy the requirements the responding foreign tribunal 23c7304v ( P. eff Jan 1 1998; P. . § 5702  County responsibilities § 5703  Law enforcement responsibilities   PART VII  ABUSE FAMILY (1)  Harm or injury to a child that results from the act another child shall not constitute child abuse unless the child who caused the harm or injury is a perpetrator (2)  Notwithstanding paragraph (1) the following shall apply: (i)  Acts constituting any the following crimes against a child shall be subject to the reporting requirements this chapter: Section 6303(b) referred to in the def "child abuse," was deleted by Act 108 2013 Cross References  Section 6502 is referred to in section 6303 this title; section 4306 Title 18 (Crimes and fenses) 23c6503s § 6503  Nonliability. Cross References  Subchapter D is referred to in section 2912 this title 23c2931s § 2931  Access to information (a)  Who may access information.--The following individuals may file a written request for nonidentifying information or identifying information or contact with the court which finalized the adoption the agency which coordinated the adoption or a successor agency: (B)  Action to recover educational expenses.--An action to recover educational costs may be commenced: (1)  by the student if over 18 years age; or (2)  by either parent on behalf a child under 18 years age but if the student is over 18 years age the student's written consent to the action must be secured (2)  Any prior either party (3)  The age health station amount and sources income vocational skills employability estate liabilities and needs each the parties (4)  The contribution by one party to the education training or increased earning power the. (2)  shared physical custody; or (3)  supervised physical custody 23c5323s § 5323  Award custody. Chapter 75  Enforcement Support Order Without Registration   § 7501  Employer's receipt income- order another state 3306  Proceedings to determine marital status 3307  Defenses 3308  Action where defendant suffering from mental disorder 3309  General appearance and collusion. (B)  Abuse.--In situations involving abuse the court may order individual counseling for the abuser but may not order the parties to attend joint counseling (c)  Verification.--Each party's participation in the counseling sessions shall be verified by the counselor (d)  Costs.--The court may order a party to pay all or part the costs the counseling sessions under this section Enactment  Chapter 67 was added Novem P. effective in 180 days Cross References  Chapter 67 is referred to in sections 1302 5336 this title; sections 4521.1 62A18 Title 42 (Judicary and Judicial Procedure); section 8865 Title 53 (Municipalities Generally); sections 1103.1 1132.1 1305 1510 Title 75 (Vehicles) 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 an individual "Law enforcement agency."  A police department a city borough incorporated town or township the Pennsylvania State Police district attorneys' fices and the fice Attorney General (B)  Cooperative agreements.--The department shall undertake either directly or pursuant to cooperative arrangements with appropriate counties courts or law enforcement ficials including domestic relations sections to do all the following: (1)  Establish paternity children with respect to whom assistance has been received (2)  Secure support for children under paragraph (1) from a legally responsible relative. (C) On failure a person served with interrogatories to return within the thirty days a sufficient answer or disclose sufficient assets for execution or on objection by such person to the interrogatories the judgment creditor may move the court for such supplemental discovery orders as may be necessary to ensure disclosure including (1) an order for compliance with the interrogatories or (2) an order authorizing additional interrogatories The judgment creditor may obtain discovery including the taking depositions from any person served with interrogatories in accordance with procedures for discovery in civil actions without further order the court The court may order such additional discovery as justice requires provided the order shall contain a notice that failure to comply therewith may subject the person served to being held in contempt court (d) Any party from whom discovery is sought may seek a protective order pursuant to section 52-400a. (C)  Vacating registration.--A tribunal this State may vacate the registration 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 a foreign support agreement a tribunal this State may refuse recognition and enforcement the agreement if it finds any the following: 3501.  definitions 3502.  Equitable division marital property 3503.  Effect divorce on property rights generally 3504.  Disposition property after termination When so ordered by the court all payments child and spousal support alimony or alimony pendente lite shall be made to the domestic relations section the court which issued the order or the domestic relations section the court at the residence the party entitled to receive the award The domestic relations section shall keep an accurate record all payments and shall notify the court immediately whenever a person subject to a payment order is 30 days in arrears payment so that appropriate action may be taken to enforce the order the court The domestic relations section shall distribute the payments to the person entitled to them as soon as possible after receipt Cross References.  Section 4392 is referred to in section 4326 this title 23c4393s § 4393  Use information. (6)  Effectuate economic justice between parties who are divorced or separated and grant or withhold alimony according to the actual need and ability to pay the parties and insure a fair and just determination and settlement their property rights (b)  Construction part.--The objectives set forth in subsection (a) shall be considered in construing provisions this part and shall be regarded as expressing the legislative intent Sec 52-350a Definitions For the purposes this chapter and section 49-51 unless the context otherwise requires: (1) “Conspicuous” means conspicuous as defined in section 42a-1-201 (2) “Consumer debt or obligation” means a debt or obligation incurred primarily for personal family or household purposes (3) “Consumer judgment” means a money judgment less than five thousand dollars against a natural person resulting from any consumer debt or obligation (4) “Disposable earnings” means that part the earnings an individual remaining after the deduction from those earnings amounts required to be withheld for payment federal income and employment taxes normal retirement contributions union dues and initiation fees group life insurance premiums health insurance premiums and federal tax levies. § 5481  Application and construction § 5482  Severability   (B)  Type information released.--(Deleted by amendment) (c)  Limitation on release information.--(Deleted by amendment) 23c6336v ( P. eff July 1 1995; Apr 7 2014 P. eff )     SUBCHAPTER A EXTENDED PERSONAL JURISDICTION   Sec. 18 Pa.C.S Ch 25 (relating to criminal homicide) 18 Pa.C.S Ch 27 (relating to assault) 18 Pa.C.S Ch 29 (relating to kidnapping) 18 Pa.C.S Ch 30 (relating to human trafficking) 18 Pa.C.S Ch 31 (relating to sexual fenses).   Signature Father Date (A)  Duty Department Revenue.--In the case any person winning more than $2,500 in the Pennsylvania State Lottery the Department Revenue shall request the department to make all reasonable efforts to determine if the winner is a delinquent support obligor prior to making any lottery winnings payment If the winner is so found the amount any arrearages shall be deducted from the amount lottery winnings and paid to the obligee in the manner provided in this title for the administration support payments (b)  Duties department.--The department shall: (1)  The amount to be attached (2)  That the attachment shall be implemented as soon as possible and no later than 14 days from the issuance the notice to the employer (3)  That the attachment payment must be sent to the domestic relations section or State disbursement unit as appropriate within seven business days the date the obligor. (2)  No license may be issued if either the applicants is under 18 years age unless the consent the custodial parent or guardian the applicant is personally given before the person issuing the license or is certified under the hand the custodial parent or guardian attested by two adult witnesses and in the latter case the signature the custodial parent or guardian is acknowledged before an ficer authorized by law to take acknowledgments When the minor has no guardian and a judge the court is absent or not accessible for any reason the fice issuing the license may appoint a guardian pro hac vice for.   Sec 5401  Short title chapter 5402  Definitions 5403  Proceedings governed by. Cross References.  Chapter 84 is referred to in section 8301 this title     SUBCHAPTER A REGISTRATION SUPPORT ORDER (C)  Between third parties.--In any action regarding the custody the child between a nonparent and another nonparent there shall be no presumption that custody should be awarded to a particular party 23c5328s § 5328  Factors to consider when awarding custody. (B)  Liability property unaffected.--This chapter does not protect the property a married person from liability for debts contracted by or in the name the married person by any person authorized to so contract 23c4102s § 4102  Proceedings in case debts contracted for necessaries. References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services by Act 132 2014 Cross References  Section 2503 is referred to in section 2505 this title 23c2504s § 2504  Alternative procedure for relinquishment. (B)  Willful failure to cooperate.--Any agency school or facility or any person acting on behalf an agency school or facility that violates this section by willfully failing to cooperate with the department or a county agency when investigating a report suspected child abuse or when assessing safety or risk to a child commits a misdemeanor the third degree for a first violation and a misdemeanor the second degree for subsequent violations § 5103  Acknowledgment and claim paternity. (A)  Report by mandated reporter.-- (1)  A mandated reporter shall immediately make an oral report suspected child abuse to the department via the Statewide toll-free telephone number under section 6332 (relating to establishment Statewide toll-free telephone number) or a written report using electronic technologies under section 6305 (relating to electronic reporting) "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 (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 value in payment satisfaction settlement or compromise any such claim or cause action or to receive take or accept any such money or thing value in such payment satisfaction settlement or compromise (J) Any person who is the obligor on a support order another jurisdiction may obtain a voluntary income by filing with the agency a request for such and a certified copy the support order issued by such jurisdiction The agency shall file such request for a voluntary with the certified copy the support order from the jurisdiction that entered such order with the clerk Support Enforcement Services the Superior Court and Support Enforcement Services acting on behalf the Family Support Magistrate Division shall issue an order for Any order for thus issued shall be subject to all applicable provisions this section (P.A 87-483 S 2 3; P.A 89-302 S 3 7; P.A 90-213 S 42 56; P.A 93-262 S 1 87; 93-396 S 10; June 18 Sp Sess P.A 97-1 S 72 75; P.A 01-91 S 25; P.A 03-19 S 120 121; P.A 11-214 S 32; P.A 15-71 S 93; P.A 16-13. 4365  Rights divorced person in entireties property sold for support 4366  Other enforcement remedies preserved   Enactment  Subchapter D was added Decem P. effective in. Signed (Title person solemnizing ) Address   PART IV  DIVORCE   Chapter 31  Preliminary Provisions   (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 this Commonwealth.--A report 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 (Ii)  Has not been removed from the Statewide Registry Sexual fenders pursuant to 42 Pa.C.S § (relating to termination period registration for juvenile fenders) (4)  An individual who: (i)  Is required to register under 42 Pa.C.S Ch 97 Subch H or I (relating to continued registration sexual fenders) as a result a criminal conviction for the same acts which resulted in the sexual fender being named a perpetrator. 2013 Amendments  Act 108 amended the defs "child," "founded report," "indicated report," "recent acts or omissions" and "sexual abuse or exploitation," added the defs "bodily injury," "intentionally," "knowingly," "parent," "recent act," "recklessly" and "serious physical neglect" and deleted the defs "nonaccidental" and "serious physical injury" in subsec (a) added subsecs (b.1) (c) and (d) and deleted subsec (b) Act 117 amended the defs "perpetrator" and "person responsible for the child's welfare" in subsec (a) and Act 119 added the def "child-care services" in subsec (a) (C)  Lien prohibited.--Except pursuant to the judgment a court on account benefits incorrectly paid on behalf an individual no lien may be imposed against the real property which is the primary residence any individual or the individual's spouse on account assistance paid or to be paid on the individual's behalf (C)  Recognition and partial enforcement.--A request for registration a convention support order may seek recognition and partial enforcement the order (d)  Vacating registration.--A tribunal this State may vacate the registration a convention support order without the filing a contest under section 77A07 (relating to contest registered convention support order) only if acting on its own motion the tribunal finds that recognition and enforcement the order would be manifestly incompatible with public policy (B)  Optional procedure.--The right a judgment creditor to proceed under 42 Pa.C.S § 4306 (relating to enforcement foreign judgments) or otherwise instead proceeding under this section remains unimpaired 23c3706s § 3706  Bar to alimony. (C)  Joinder and intervention.--The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the laws this Commonwealth as in child custody proceedings between residents this Commonwealth 23c5426s § 5426  Simultaneous proceedings. The department shall have the authority to implement a State income tax refund intercept program pursuant to section 466(a)(3) the Social Security Act (Public Law 74-271 42 U.S.C § 666(a)(3)) when in the judgment the department it is cost effective to do so 23c4307v ( P. eff Jan 1 1998)   (1)  Investigations to determine whether to accept the family for service and whether a report is founded indicated or unfounded shall be completed within 60 days in all cases (2)  If due to the particular circumstances the case the county agency cannot complete the investigation within 30 days the particular reasons for the delay shall be described in the child protective service record and made available to the department for purposes determining whether either the following occurred: (B)  Inventory property.--Both parties shall submit to the court an inventory and appraisement which shall contain all the following: (1)  A list the property owned or possessed by either or both them as : (i)  the date separation; and (ii)  thirty days prior to the date hearing on equitable distribution. (2)  Request an appropriate tribunal to set a date time and place for a hearing (3)  Make a reasonable effort to obtain relevant information including information as to income and property the parties (4)  Within two days exclusive Saturdays Sundays and legal holidays after receipt a notice in a record from an initiating responding or registering tribunal send a copy the notice to the petitioner Subchapter E TITLE IV-D PROGRAM AND RELATED MATTERS   Sec 4371  Definitions. Proceedings GENERALLY   Sec 4341  Commencement support actions or proceedings 4342  Expedited procedure. (Q) Financial institution's rights re uncollected funds Nothing in this section shall in any way affect any rights the financial institution with respect to uncollected funds credited to the account the judgment debtor which rights shall be superior to those the judgment creditor (r) Deposits public assistance or Title IV-D child support payments For the purposes this subsection “exempt” has the same meaning as provided in subsection (c) section 52-352a Funds deposited in an account that has been established for the express purpose receiving electronic direct deposits public assistance or Title IV-D child support payments from the Department Social Services shall be exempt. Cross References  Section 6108.3 is referred to in sections 6107 6108 6108.2 this title; sections 6105 6106 6115 Title 18 (Crimes and fenses) § 6108.4  Registry or database firearm ownership. (B)  the sheriff is directed to relinquish the firearms other weapons and ammunition pursuant to a court order (d)  Return safekeeping permit.-- (1)  Following expiration a protection from abuse order which order provided for the relinquishment firearms other weapons or ammunition the defendant and the third party shall report to the sheriff's fice to return the safekeeping permit Upon a determination by the sheriff that the defendant is:      his/her whereabouts are unknown I understand that      all living parents whose rights have not been      terminated must be given notice this designation      pursuant to the Pennsylvania. (1)  The determination and disposition property rights and interests between spouses including any rights created by any antenuptial postnuptial or separation agreement and including the partition property held as tenants by the entireties or otherwise and any accounting between them and the order any spousal support alimony alimony pendente lite counsel fees or costs authorized by law (2)  The future care custody and visitation rights as to children the or purported (Vii)  is engaged in active military action or war including a civil war to which the child may be exposed; (9)  is undergoing a change in immigration or citizenship status that would adversely affect the respondent's ability to remain in the United States legally; (10)  has had an application for United States citizenship denied; (B)  Residence and domicile parties.--No spouse is entitled to commence an action for divorce or under this part unless at least one the parties has been a bona fide resident in this Commonwealth for at least six months immediately previous to the commencement the action Both parties shall be competent witnesses to prove their respective residence and pro actual residence within this Commonwealth for six months shall create a presumption domicile within this Commonwealth (Iii)  the respondent was entitled to notice but notice was not given in accordance with the standards section 5408 (relating to notice to persons outside Commonwealth) in the proceedings before the court that issued the order for which enforcement is sought; or (2)  the child custody determination for which enforcement is sought was registered and confirmed under section 5445 but has been vacated stayed or modified by a court a state having jurisdiction to do so under Subchapter B (2)  To issue administrative subpoenas against any entity within this Commonwealth including for-prit not-for-prit and governmental employers to require production information regarding the employment compensation and benefits any individual employed by such entity as an employee or contractor (K)  Copies report.--A copy a report 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 ficials where the incident occurred (l)  Communication.--Reports and information under subsections (h) (i) and (j) shall be provided within seven calendar days completion the investigation (Ii)  No child shall be deemed to be a perpetrator child abuse based solely on physical or mental injuries caused to another child in the course a dispute fight or scuffle entered into by mutual consent (iii)  A law enforcement ficial who receives a report suspected child abuse is not required to make a report to the department under section 6334(a) (relating to disposition complaints received) if the person allegedly responsible for the child abuse is a nonperpetrator child 6333  Continuous availability department 6334  Disposition complaints received 6334.1 Responsibility for investigation 6335  Access to information in Statewide database. § 4101  Liability for debts contracted before § 4102  Proceedings in case debts contracted for necessaries § 4103  (Reserved) (E) “Homestead” means owner-occupied real property co-op or mobile manufactured home as defined in subdivision (1) section 21-64 used as a primary residence (P.A 77-466 S 1; P.A 78-331 S 25 58; P.A 83-581 S 24 40; P.A 93-301 S 1 3; P.A 94-55; P.A 10-181. 6315  Taking child into protective custody 6316  Admission to private and public hospitals 6317  Mandatory reporting and postmortem investigation deaths 6318  Immunity from liability 6319  Penalties. (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 (G) An income order under this section shall direct payment to the fice Child Support Services or its designated collection agent The fice or its designated agent shall promptly distribute payments received pursuant to an income order or garnishment based on a support order another jurisdiction entered under this section to the agency or person designated pursuant to subdivision (5) subsection (a) section 46b-371 A support order entered pursuant to subsection (d) this section does not nullify and is not nullified by a support order made by a court this state pursuant to any other section the general statutes or a support order made by a court any other state Amounts collected by any income shall be credited against the amounts accruing or accrued for any period under any support orders issued either by this state or by another jurisdiction. "home state."  The state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time filing a petition or comparable pleading for support and if a child is less than six months old the state or foreign country in which the child lived from birth with the parent or such person A period temporary absence the parent or such person is counted as part the six-month or other period "Income."  The term includes earnings or other periodic entitlements to money from any source and any other property subject to for support under the law. (B)  Order.--After conducting a hearing pursuant to subsection (a) the court may issue an order constituting the public body public agency or some other person guardian the person and the estate the person whether or not all the estate was enumerated in the inventory provided under subsection (a) The proceedings and order shall be indexed in the name the person pursuant to court rules (c)  Discharge.-- (N)  Confidentiality.--The information provided and compiled under this section including but not limited to the names addresses and telephone numbers applicants and foster and adoptive parents shall be confidential and shall not be subject to the act Febru (P.L.6 No.3) known as the Right-to-Know Law This information shall not be released except as permitted by the department through regulation "child support order."  A support order for a child including a child who has attained the age majority under the law the issuing state or foreign country "Convention."  The Convention on the International Recovery Child Support and Other Forms Family Maintenance concluded at the Hague on Novem "Department."  The Department Human Services the Commonwealth (3)  The department shall include the following with all certifications provided pursuant to section 6344(b)(2) (relating to employees having contact with children; adoptive and foster parents): (i)  Information that certain persons are required by law to report suspected child abuse (ii)  The Internet address where the information and guidance required by this subsection can be obtained 8201.  continuing exclusive jurisdiction 8202.  Recognition support orders 8203.  Credit for payments   Enactment.  Chapter 82 was added April 4 1996 P. effective immediately § 6378  Purchase services   Subchapter E  Miscellaneous Provisions   (Ii)  Foster parents (iii)  Operators facilities and agencies which care for children and are subject to licensure by the department under Article X the Public Welfare Code and their employees who have direct contact with children (iv)  Caregivers in family child-care homes which are subject to licensure by the department under Article X the Public Welfare Code and their employees who have direct contact with children § 8202  Recognition support orders § 8203  Credit for payments   (Iii)  If a medical history for the birth parent was not previously prepared or the medical history was prepared but needs to be updated the birth parent does the following as appropriate: (A)  Completes a medical history form (B)  Updates the birth parent's medical history information. (F)  Modification distribution rules.--Notwithstanding any other provision law the department may modify the foregoing distribution rules when necessary to comply with Federal law (f.1)  Distribution.--Notwithstanding any other provision law all child support arrears collected prior to October 1 1998 shall be distributed in accordance with department procedures applying all the provisions except subsection (b)(1) section 457 the Social Security Act (49 Stat 620 42 U.S.C § 657) as in effect on August. (A)  Copy order.--Upon receipt an income- order the obligor's employer shall immediately provide a copy the order to the obligor (b)  Treatment order.--The employer shall treat an income- order issued in another state which appears regular on its face as if it had been issued by a tribunal. (J P. eff 60 days; P. eff 60 days)   References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services by Act 132 2014 23c2511h   You are hereby authorized to join together in holy state matrimony according to the laws the Commonwealth Pennsylvania (name) and (name) Given under my hand and seal the Court Common Pleas (name) at (city borough or town) on (date) Signed  ‌ 1702.   during existence former 1703.   within degree consanguinity 1704.   between persons the same sex   (Ii)  Criminal history background certification generated by the process outlined in this section (iii)  Child abuse certification generated by the process outlined in this section (iv)  Composition the resident family unit. (C)  Legal effect.--An agreement shall not be legally enforceable unless approved by the court 23c2736s § 2736  Failure to comply Failure to comply with the terms an agreement that has been approved by the court pursuant to this subchapter shall not be grounds for setting aside an adoption decree § 4323  Support emancipated child § 4324  Inclusion spousal medical support § 4325  Payment order support (C)  Immunity.--A person who makes a report shall be immune from a civil or criminal liability on account the report unless the person acted in bad faith or with malicious purpose 23c6116s § 6116  Confidentiality. (H) The agency or Support Enforcement Services upon receiving a certified copy any amendment or modification to a support order entered pursuant to subsection (d) this section shall file such certified copy with the clerk Support Enforcement Services and Support Enforcement Services shall amend or modify the order for to conform to the modified support order. (1)  the county agency administrator or a designee and reviewed by a county agency solicitor when the county agency is investigating; or (2)  the secretary or a designee and reviewed by legal counsel for the department when the department is investigating The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Child abuse."  Child abuse as defined in section 6303(b) (relating to definitions) "County agency" or "agency."  County agency as defined in section 6303(a) (relating to definitions) § 2732  Definitions 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."  A public or private entity including a county agency that: (1)  is licensed supervised or regulated by the Department Public Welfare; and (4)  Engaging in any action authorized under section 6314 (relating to photographs medical tests and X-rays 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 deaths) (b)  Departmental and county agency immunity.--An ficial or employee the department or county agency who refers a report 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 (F)  A plain-language summary 18 Pa.C.S §§ 6105(a.1)(5) and (c)(6) 6111(c) (relating to sale or transfer firearms) and 6115 (relating to loans on or lending or giving firearms prohibited) (G)  A plain-language summary this section (H)  An acknowledgment that the third party is not prohibited from possessing firearms other weapons or ammunition pursuant to any Federal or. (4)  A statement that the agency has adopted a procedure setting forth the steps the agency will take to protect the confidentiality the program participant's actual address (b)  Notice to program participant.-- (1)  Except as provided in paragraph (3) the fice Victim Advocate shall provide the program participant with notice a request for waiver received pursuant to subsection (a) and to the extent possible the program participant shall be afforded an opportunity to be heard regarding the request § 4308.1 Collection overdue support from monetary awards § 4309  Publication delinquent support obligors   Subchapter B  Support § 7208  Multiple child support orders for two or more obligees In responding to registrations or petitions for enforcement two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees at least one which was issued by a tribunal another state or a foreign country a tribunal this State shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal. Cited 181 C 125; 230 C 486; 232 C 167; 240 C 343 Requirements and obligations imposed by statute do not apply to any portion depositor's account that does not represent a debt due from bank to the depositor. (F) Support collected pursuant to this section shall be distributed as required by Title IV-D the Social Security Act (g) The Commissioner Social Services shall adopt regulations in accordance with chapter 54 setting forth procedures providing for adequate notice (1) the right to a hearing before a hearing ficer and (2) procedures for a fair hearing for any person alleged by the commissioner to owe past-due or overdue child support to the state or to an individual when the payments have been ordered payable to the state acting by and through the IV-D agency if the commissioner has filed a lien on the property such person or claimed an fset against money payable by the state to enforce a claim for payment such past-due or overdue support or intends to seize any benefits amounts assets or funds withheld in accordance with subsection (d) this section or report such overdue support to a consumer credit agency. (5)  whether relief in addition to the immediate physical custody the child and attorney fees is sought including a request for assistance from law enforcement ficials and if so the relief sought; and (6)  if the child custody determination has been registered and confirmed under section 5445 (relating to registration child custody determination) the date and place registration (A)  Requirement.--When a support order or income- order issued in another state or a foreign support order is registered the registering tribunal this State shall notify the nonregistering party The notice must be accompanied by a copy the registered order and the documents and relevant information accompanying the order (b)  Contents.--The notice must inform the nonregistering party all the following: (I)  Deduct from the amount received from the Department Revenue any amount assigned to the department (ii)  Pay over to the domestic relations section for distribution to the obligee the child support court order the amount prizewinnings which satisfies the arrearage owed to the obligee This payment shall be made within 30 days the date when the winnings are withheld (5)  May if prizewinnings are insufficient to satisfy the arrearages owed under the child support order proceed as follows: An individual may employ private counsel to represent the individual in proceedings authorized by this part 23c8309s § 8309  Nondisclosure information in exceptional circumstances. (E)  Family service plan.--The county agency shall prepare a written family service plan in accordance with regulations adopted by the department Yom Kippur (C)  Judgment.--If there is no dispute as to the unlitigated facts the court shall authorize the entry a judgment against the parent In no case shall the judgment against the parent exceed the limitations set forth in section 5505 (relating to monetary limits liability) (d)  Action against parent.--Notwithstanding any provision to the contrary a victim a willful tortious act a child may initiate a civil action directly against the parent or parents the child who committed the tortious act for the purpose receiving compensation for the injuries suffered not to exceed the limitations set forth in section 5505   CHAPTER 67 DOMESTIC AND SEXUAL VIOLENCE VICTIM ADDRESS CONFIDENTIALITY   Sec. § 5325  Standing for partial physical custody and supervised physical custody § 5326  Effect adoption   1999 Amendment.  Act 50 added subsec (f) 1994 Amendment.  Act 151 amended the entire section effective July 1 1995 as to subsecs (a) (b) (c) and (d) See section 10(1) Act 151 in the appendix to this title for special provisions relating to the effective date subsec (e) (8)  The reasons and motivation each party for seeking or opposing the relocation (9)  The present and past abuse committed by a party or member the party's household and whether there is a continued risk harm to the child or an abused party (10)  Any other factor affecting the best interest the child (i)  Burden pro.-- 35  Property Rights 37  Alimony and Support 39  Mediation   Enactment  Part IV was added Decem P. effective in. § 6706  Cancellation expiration and voluntary withdrawal § 6707  Agency use designated address § 6708  Disclosure actual address § 6709  Waiver process. 2911  Definitions 2912  Combined request for information 2913  Reasonable fees 2914  Immunity from liability 2915  Court and agency records. (I)  first to the period after the family ceased to receive assistance; (II)  second to the period before the family received assistance; and (III)  third to the period during which the family received assistance. (I)  The county agency strictly followed the provisions this chapter (ii)  The county agency is subject to action as authorized under section 6343 (relating to investigating performance county agency) (A)  General rule.--When: (1)  in counties with less than four judges the court is unavailable: (i)  from the close business at the end each day to the resumption business the next morning; (ii)  from the end the business week to the beginning the business week; and (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 petition shall set forth specifically those grounds and facts alleged as the basis for terminating parental rights The petition filed under this section shall also contain an averment that the petitioner will assume custody the child until such time as the child is adopted If the petitioner is an agency it shall not be required to aver that an adoption is presently contemplated nor that a person with a present intention to adopt exists § 7902  Transitional provision This part applies to proceedings beginning on or after the effective date this section to do any the following: (1)  Establish a support order (2)  Determine parentage. (E)  Failure to contest.--If a timely request for a hearing to contest the validity the registration is not made the registration is confirmed as a matter law and the person requesting registration and all persons served must be notified the confirmation (f)  Res judicata.--Confirmation a registered order whether by operation law or after notice and hearing precludes further contest the order with respect to any matter that could have been asserted at the time registration (Vi)  Causing a child to be present at a location while a violation 18 Pa.C.S § 7508.2 (relating to operation methamphetamine laboratory) is occurring provided that the violation is being investigated by law enforcement (vii)  Leaving a child unsupervised with an individual other than the child's parent who the actor knows or reasonably should. (1)  An agreement for support in a record that: (i)  is enforceable as a support order in the country origin; (ii)  has been: (A)  formally prepared or registered as an authentic instrument by a foreign tribunal; or (1)  The court may grant a divorce where it is alleged that the is irretrievably broken and 90 days have elapsed from the date commencement an action under this part and an affidavit has been filed by each the parties evidencing that each the parties consents to the divorce (2)  The consent a party shall be presumed where that party has been convicted committing a personal injury crime against the other party (d)  Irretrievable breakdown.-- (3)  There shall be no limitation on the number extensions that may be granted (f)  Support procedure.--The domestic relations section shall enforce any support award in a protection order where the plaintiff files a complaint for support under subsection (a)(5) (2)  (Deleted by amendment) (3)  A tribunal may provide appropriate relief for violations that order which occurred before the effective date the modification (4)  A tribunal shall recognize the modifying order the other state upon registration for the purpose enforcement 3705.  enforcement foreign decrees 3706.  Bar to alimony 3707.  Effect death either party   Enactment.  Chapter 37 was added Decem P. effective in. (A.2)  Information for mandated and permissive reporters.-- (1)  In addition to the requirements subsection (a) the department shall provide specific information related to the recognition and reporting child abuse on its Internet website in forms including but not limited to the following: (i)  Website content (ii)  Printable booklets and brochures. Sec 52-380e Discharge judgment lien on substitution bond or lien on other property When a lien is placed on any real or personal property pursuant to section 52-355a or 52-380a the judgment debtor may apply to the court to discharge the lien on substitution (1) a bond with surety or (2) a lien on any other property the judgment debtor which has an equal or greater net equity value than the amount secured by the lien The court shall order such a discharge on notice to all interested parties and a determination after hearing the sufficiency the substitution The judgment creditor shall release any lien so discharged by sending a release sufficient under section 52-380d by first class mail postage prepaid to the judgment debtor (P.A 83-581 S 16 40.) Cited. (J)  Referral for investigation.--If the complaint suspected abuse is determined to be one that cannot be investigated under this chapter because the person accused the abuse is not a perpetrator within the meaning section 6303 (relating to definitions) but does suggest the need for investigation the county agency shall immediately transmit the information to the appropriate law enforcement ficials in accordance with the county protocols for multidisciplinary investigative teams required under section 6365(c) (relating to services for prevention investigation and treatment. (B)  Extradition from this State.--If under this part or a law substantially similar to this part the Governor another state makes a demand that the Governor this State surrender an individual charged criminally in that state with having failed to provide for the support a child or other individual to whom a duty support is owed the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective If it appears that a proceeding would be effective but has not been initiated the Governor may delay honoring the demand for a reasonable time to permit the initiation a proceeding (J P. eff 60 days; P. eff 60 days; P. eff 60 days; P. eff 60 days; P. eff 180 days)   2010 Amendment  Act 101 amended subsec (d) (C)  Dilatory actions.--The tribunal shall order the payment costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay In a proceeding under Chapter 76 (relating to registration enforcement and modification support order) a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change 23c7313v ( P. . (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 the child or spouse seeking support and the ability the obligor to provide support In determining the reasonable needs the child or spouse seeking support and the ability the obligor to provide support the guideline shall place primary emphasis on the net incomes and earning capacities 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. (C)  Declining to honor demand.--If a proceeding for support has been initiated and the individual whose rendition is demanded prevails the Governor may decline to honor the demand If the petitioner prevails and the individual whose rendition is demanded is subject to a support order the Governor may decline to honor the demand if the individual is complying with the support order 23c7802v ( P. . (G)  Court appearance.--The designator need not appear in court if the designator is medically unable to appear 23c5612v (J P. eff 60 days)   2004 Amendment  Act 39 amended subsecs (c) and (f) (2)  The perpetrator's right to request the secretary to amend or expunge the report (3)  The right the subjects the report to services from the county agency (4)  The effect the report upon future employment opportunities involving children. (1)  Forms to be used by sheriffs to issue safekeeping permits pursuant to subsection (b)(2) (2)  Affidavit forms and receipt forms to be used by defendants and third parties as required under subsection (b)(3) and (4) (A)  Procedure.--A support order or income- order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal this State (b)  Enforcement.--A registered support order issued in another state or a foreign county is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal. "title IV-D attorney."  The ficial in the appropriate county who by statute contract or appointment has the duty to represent obligees in support actions brought in the county "Tribunal."  A court common pleas 23c8101v ( P. . (Apr 4 1996 P. eff imd.; P. eff Jan 1 1998)   1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support (C)  As used in this subparagraph the term "cause" shall be limited to facts relating to the inability the defendant to retrieve a specific firearm within 24 hours due to the current location the firearm (B)  Parental consent.--Parental consent is not required for the certified medical practitioner to provide the information under subsection (a) (c)  Request by certified medical practitioner.--If requested by the child's primary care physician or a certified medical practitioner who is providing medical care to the child the county agency in order to ensure the proper medical care the child shall provide the following information as it pertains to circumstances which negatively affect the medical health. (I)  18 Pa.C.S § 3121 (relating to rape); (ii)  18 Pa.C.S § 3122.1 (relating to statutory sexual assault); (iii)  18 Pa.C.S § 3124.1 (relating to sexual assault) where the fense involved sexual intercourse; (iv)  18 Pa.C.S § 3124.2 (relating to institutional sexual assault) where the fense involved sexual intercourse; or (I)  first treat the amount collected as reimbursement assistance in an amount not to exceed the total amount unreimbursed cash assistance paid to the family and: (a)  pay an amount equal to the Federal share the reimbursed amount to the Federal Government; and (b)  retain for the Commonwealth an amount equal to the non-Federal share the reimbursed amount; and C  Reconciliation Multiple Orders   Enactment  Chapter 72 was added April 4 1996 P. effective immediately Cross References  Chapter 72 is referred to in sections 7105 7210 7613 77A02 this title   "direct request."  A petition filed by an individual in a tribunal this State in a proceeding involving an obligee obligor or child residing outside the United States "Foreign central authority."  The entity designated by a foreign country defined in paragraph (4) the definition "foreign country" in section 7101.1 to perform the functions specified in the convention "Foreign support agreement."   2004 Amendment.  Section 5(11) Act 175 provided that the amendment shall apply to all orders made on or after the effective date par (11) 23c3507s § 3507  Division entireties property between divorced persons. Chapter 17 MISCELLANEOUS PROVISIONS RELATING TO   Sec 1701.  Decree that spouse applicant is presumed decedent. 1997 Amendment  Act 58 amended subsecs (a) (b) and (d) and added subsecs (a.1) (g.1) (g.2) and (g.3) was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support 1996 Amendment  Act 20 amended subsec (a) and deleted subsec (f) (July 9 1992 P. eff 60 days; P. eff Jan 1 1998)   1997 Amendment  Act 58 amended subsecs (a) (b) heading and intro par (2)(i) and (4) intro par and (i) (d) and (e) was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support Cross References.  Section 5456 is referred to in section 5457 this title 23c5457s § 5457  Costs and expenses.     CHAPTER 77 DETERMINATION PARENTAGE (Repealed) (B)  Obligor.--If an obligee prevails a responding tribunal this State may assess against an obligor filing fees reasonable attorney fees other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses The tribunal may not assess fees costs or expenses against the obligee or the support enforcement agency either the initiating state or the responding state or foreign country except as provided by other law Attorney fees may be taxed as costs and may be ordered paid directly to the attorney who may enforce the order in the attorney's own name Payment support owed to the obligee has priority over fees costs and expenses (F)  Enforcement.--In awarding custody the court shall specify the terms and conditions the award in sufficient detail to enable a party to enforce the court order through law enforcement authorities (g)  Contempt for noncompliance with any custody order.-- (1)  A party who willfully fails to comply with any custody order may as prescribed by general rule be adjudged in contempt Contempt shall be punishable by any one or more the following: (F)  Requirements a State and local government agency receiving a waiver.--A State or local government agency granted a waiver by the fice Victim Advocate pursuant to this section shall: (1)  limit the use the program participant's actual address to the purposes set forth in the waiver; (2)  limit the access to the program participant's actual address to the persons or classes persons set forth in the waiver; Any other provision law notwithstanding but consistent with sections 6361 (relating to organization for child protective services) and 6362 (relating to responsibilities county agency for child protective services) the county agency based upon the plan services as provided in section 6363 (relating to county plan for protective services) may purchase and utilize the services any appropriate public or private agency 23c6364v ( P. . (E)  No hearing required in certain cases.--If grounds for divorce alleged in the complaint or counterclaim are established under subsection (c) or (d) the court shall grant a divorce without requiring a hearing on any other grounds 23c3301v ( P. eff 60 days; Oct 4 2016 P. eff 60 days)   (H)  Assistance and advice to plaintiff.--The courts and hearing ficers shall: (1)  Provide simplified forms and clerical assistance in English and Spanish to help with the writing and filing the petition for a protection order for an individual not represented by counsel (2)  Provide the plaintiff with written and oral referrals in English and Spanish to the local domestic violence program to the local legal services fice and to the county bar association's lawyer referral service (2)  The contesting party timely challenges the exercise jurisdiction in this State (3)  If relevant the other state or a foreign country is the home state the child 23c7204v ( P. . (E) Unless the judgment creditor waives such rights as he may have to execute against the contested property the claim shall be deemed controverted and the issues shall be joined without further pleading by any party The court may permit or require such further pleadings amendments and notices and may make such further orders as justice or orderly administration requires Prior to hearing the claim the court may in its discretion: (1) Require the judgment creditor to post a bond in favor of a third person claimant for any damages which may accrue as a result of the outstanding execution and any subsequent proceedings (2) on substitution by the third person of a bond as security for the property allow the third person to obtain release of the property pending determination of the claim or (3) direct that other known nonexempt property of the judgment debtor first be executed against. § 7307  Duties support enforcement agency § 7308  Supervisory duty § 7309  Private counsel (B)  Earnings records.--The Bureau Employment Security shall provide the department with a statement earnings clearance upon the request the department (c)  Motor vehicle registration information.--Upon request the department the Bureau Motor Vehicles shall provide information as to all vehicles owned by the applicant or recipient 23c4376s § 4376  Central registry. (3)  Provided notice to the requester that access and dissemination the information is restricted as provided by this chapter (4)  Obtained an affirmation by the requester that the request is within the scope that person's ficial duties and the provisions this chapter (I)  Whether the child is the subject an indicated or founded report child abuse (ii)  Whether a party or a member the party's household has been identified as the perpetrator in an indicated or founded report child abuse (iii)  The date and circumstances the child abuse (iv)  The jurisdiction where the child abuse investigation. (C)  Matters cooperation between courts.--Communication between courts on schedules calendars court records and similar matters may occur without informing the parties A record need not be made the communication (d)  Record.--Except as otherwise provided in subsection (c) a record must be made a communication under this section The parties must be informed promptly the communication and granted access to the record (3)  Specify the amount consolidated arrears if any (e)  Request for determination.--A request for a determination which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification The person requesting registration shall give notice the request to each party whose rights may be affected by the determination § 5211  Uniformity application and construction § 5212  Relation to Electronic Signatures in Global and National Commerce Act   1993 Amendment  Act 79 amended subsec (b) Cross References  Section 1304 is referred to in sections 1306 3304 this title; section 1201 Title 4 (Amusements); section 8204 Title 74 (Transportation) 23c1305s § 1305  Examination and tests for syphilis (Repealed). (B)  Stay; communication with other court.--Except as otherwise provided in section 5424 a court this Commonwealth before hearing a child custody proceeding shall examine the court documents and other information supplied by the parties pursuant to section 5429 (relating to information to be submitted to court) If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter the court this Commonwealth shall stay its proceeding and communicate with the court the other state If the court the state having jurisdiction substantially in accordance with this chapter does not determine that the court this Commonwealth is a more appropriate forum the court this Commonwealth shall dismiss the proceeding (Ii)  When a contempt petition or charge has been filed with the court or with a hearing ficer in Philadelphia County but the hearing has not occurred before the expiration the protection order the order shall be extended at a minimum until the disposition the contempt petition and may be extended for another term beyond the disposition the contempt petition (2)  Service an extended order shall be made in accordance with section 6109 (relating to service orders) The former 75 Pa.C.S § 3731 (relating to driving under influence alcohol or controlled substance) 75 Pa.C.S Ch 38 (relating to driving after imbibing alcohol or utilizing drugs) Section 13(a)(1) the act Ap (P. ) known as The Controlled Substance Drug Device and Cosmetic Act to the extent that it prohibits the manufacture sale or delivery holding fering for sale or possession any controlled substance or other drug or device § 1102  Definitions § 1103  Common-law § 1104  Forms (1)  cause the determination to be filed as a foreign judgment together with one copy any accompanying documents and information regardless their form; and (2)  serve notice upon the persons named pursuant to subsection (a)(3) and provide them with an opportunity to contest the registration in accordance with this section (c)  Notice.--The notice required by subsection (b)(2) must. (1)  Ensure that the order to be registered is the controlling order (2)  If two or more child support orders exist and the identity the controlling order has not been determined ensure that a request for a determination is made in a tribunal having jurisdiction (I)  Homicide or other criminal fense set forth in section 6344(c) (relating to employees having contact with children; adoptive and foster parents) sexual abuse or exploitation bodily injury or serious bodily injury caused by a perpetrator or nonperpetrator (ii)  Child abuse other than that identified under subparagraph (i) by a nonperpetrator (iii)  Repeated physical injury to a child under circumstances which indicate that the child's health safety or welfare is harmed or threatened Cited 12 CS 157 (Return to ChapterTable Contents) (Return toList Chapters) (Return toList Titles) Sec 52-400a Protective order by court Execution against specified property (a) On motion a judgment debtor or third person from whom discovery is sought and for good cause shown or on its own motion the court may make any order which justice requires to protect such debtor or third person from annoyance embarrassment oppression or undue burden or expense. (E)  Immunity.--An attorney insurer or other paying agent that makes distribution in accordance with a statement and the written documentation required under subsection (b) or the report an approved private judgment search company under subsection (d) or an insurer which furnishes information and transmits funds under the child support enforcement lien program operated through a central reporting agency approved by the department shall be immune from any civil criminal or administrative penalties for making an erroneous distribution Nothing in this section shall give rise to a claim or cause action against an attorney or an insurer by any person who asserts he is the intended obligee the outstanding lien for child support Proceedings under Former Chapter 53  Section 4 Act 112 2010 provided that a proceeding under the provisions former Chapter 53 which was commenced before the effective date section 4 shall be governed by the law in effect at the time the proceeding was initiated Cross References  Chapter 53 is referred to in sections 3901 5429 5603 5612 5613 6108. § 4349  Consolidation proceedings § 4350  Effect appeal § 4351  Costs. Part I  GENERAL PROVISIONS   Chapter 1  Preliminary Provisions   "designation."  A written document naming the standby guardian A parent a legal custodian or a legal guardian may designate an alternate standby guardian in the same writing "Designator."  A parent a legal custodian or a legal guardian who appoints a standby guardian "Determination debilitation."  A written finding made by an attending physician which states that the designator suffers from a physically incapacitating disease or injury No identification the illness in question is required (Ii)  The mandated reporter is directly responsible for the care supervision guidance or training the child or is affiliated with an agency institution organization school regularly established church or religious organization or other entity that is directly responsible for the care supervision guidance or training the child (iii)  A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim. "issuing foreign country."  The foreign country in which a tribunal issues a support order or a judgment determining parentage a child "Issuing state."  The state in which a tribunal issues a support order or a judgment determining parentage a child "Issuing tribunal."  The tribunal a state or a foreign country that issues a support order or a judgment determining parentage. (A)  Deficiencies and strengths in: (I)  compliance with statutes and regulations; and (II)  services to children and families (B)  Recommendations for changes at the State and local levels on: (C)  Previous custody determination or proceeding.--If there is a previous child custody determination that is entitled to be enforced under this chapter or a child custody proceeding has been commenced in a court a state having jurisdiction under sections 5421 through 5423 any order issued by a court this Commonwealth under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 5421 through 5423 The order issued in this Commonwealth remains in effect until an order is obtained from the other state within the period specified or the period expires (A)  General rule.--Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction) a court this Commonwealth has jurisdiction to make an initial child custody determination only if: (1)  this Commonwealth is the home state the child on the date the commencement the proceeding or was the home state the child within six months before the commencement the proceeding and the child is absent from this Commonwealth but a parent or person acting as a parent continues to live in this Commonwealth; 1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support § 7501.5  Contest by obligor. (1)  I would like to be contacted I have completed the contact preference form and an updated medical history form and am filing them with the Department of Health (2)  I would prefer to be contacted only through an intermediary I have completed the contact preference form and an updated medical history form and am filing them with the Department of Health (1)  Explaining to the parent guardian or other custodian the reasons for the temporary detention the child and the whereabouts the child unless prohibited by court order (2)  Expediting wherever possible the return the child to the custody the parent guardian or other custodian where custody is no longer necessary (3)  The court shall consider: (i)  the age the child; (ii)  the potential harm to the child from an abduction; (iii)  the legal and practical difficulties returning the child to the jurisdiction if abducted; and (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 a foreign protection order with the prothonotary in any county within this Commonwealth where the plaintiff believes enforcement may be necessary The following provisions. § 1102  Definitions 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 Health the Commonwealth "."  A civil contract by which one man and one woman take each other for husband. § 7301  Proceedings under this part § 7302  Action by minor parent § 7303  Application law.   SUBCHAPTER D RELEASE INFORMATION   Sec. (2)  Procedures for notice suspension nonrenewal or denial issuance the appropriate order and reinstatement a recreational license shall be in accordance with subsections (b) (c) and (d) (18)  Unfounded reports child abuse limited to the information authorized under section 6337 (relating to disposition and expunction 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 data in records) (5)  Property which a party has sold granted conveyed or otherwise disposed in good faith and for value prior to the date final separation (6)  Veterans' benefits exempt from attachment levy or seizure pursuant to the act 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 his military retirement pay in order to receive veterans' compensation (V)  has not been removed from fice by the Court Judicial Discipline; and (vi)  is a resident this Commonwealth (3)  An active or senior judge or full-time magistrate the District Courts the United States for the Eastern Middle or Western District Pennsylvania     CHAPTER 25 PROCEEDINGS PRIOR TO PETITION TO ADOPT   (P.a 83-581 S 1 40; P.A 84-527 S 1; P.A 95-79 S 175 189; P.A 96-268 S 11 34; P.A 00-99 S 114 154; P.A 01-195 S 62 181; P.A 03-107. (Iii)  The amount the arrearage and the identifier the court order which underlies it (3)  Request the Department Revenue to withhold from a lottery prizewinner the amount any arrearage discovered pursuant to the provisions paragraph (1) (4)  Request the Department Revenue to pay over whether in a lump sum or by installment to the department that part the prize which satisfies this arrearage and: (I)  The person provides documentation that the person has already completed child abuse recognition and reporting training (ii)  The training was: (A)  required by section 1205.6 the Public School Code 1949 and the training program was approved by the Department Education in consultation with the department; or (C)  Extended extradition.--A provision for extradition individuals not inconsistent with this part applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from the demanding state 23c7801v ( P. eff imd.)   Sec 52-380c (Formerly Sec 49-40b) Judgment liens expired by limitation time Any judgment lien which has expired for failure to comply with the time limitations section 52-380a is automatically extinguished and the continued existence the lien unreleased record in no way affects the record owner's title nor the marketability the same (P.A 79-602 S 108; P.A 83-581 S 31 40.) History: P.A 83-581 replaced reference to “section 49-46” with “section 52-380a”; Sec 49-40b transferred to Sec 52-380c in 1985 Cited.   2015 Amendment  Act 94 added section 7103 23c7104s § 7104  Cumulative remedies. § 1309  Filing applications and consent certificates The applications for licenses and consent certificates shall be immediately filed and docketed as public records 23c1310s § 1310  Duration and form license. (E)  Subsequent evaluation.-- (1)  At any time during or subsequent to the counseling under subsection (d) the court may require another evaluation to determine whether further counseling is necessary (1)  Within ten days receipt an appeal pursuant to this section the department shall schedule a hearing on the merits the appeal (2)  The department shall make reasonable efforts to coordinate the hearing date with both the appellee and appellant (C)  Powers court.--The court has authority to entertain an action under this part notwithstanding the fact that the the parties and the cause for divorce occurred outside this Commonwealth and that both parties were at the time the occurrence domiciled outside this Commonwealth The court also has the power to annul void or voidable s celebrated outside this Commonwealth at a time when neither party was domiciled within this Commonwealth Kwanzaa (15) “Postjudgment procedure” means any procedure commenced after rendition a money judgment seeking or otherwise involving a discovery procedure a placing a lien on property a modification or discharge a lien a property execution under section 52-356a a turnover order an installment payment order a wage execution a modification a wage execution a compliance order a protective order or a determination exemption rights (16) “Property” means any real or personal property in which the judgment debtor has an interest which he could assign or transfer including (A) any present or future right or interest whether or not vested or liquidated (B) any debt whether due or to become due and (C) any cause action which could be assigned or transferred. 5506  Double recovery for same injury prohibited 5507  Indemnity or contribution from child prohibited 5508  Liability parent not having custody or control child 5509  Other liability parent or child unaffected   (A)  Seeking support required.--Prior to authorization every applicant for assistance whose circumstances include the reported absence a legally responsible relative from the household or the presence a putative father shall appear before the domestic relations section or other applicable division the court common pleas Upon the request a family court or domestic relations section the secretary is authorized to waive the requirement personal appearance before a family court or domestic relations section if another procedure would be as efficient and effective Subject to Federal approval only when necessary assistance shall not be authorized by the department until it has been certified that the applicant has cooperated in determining paternity and enforcing support (I) Arms and military equipment uniforms or musical instruments owned by any member the militia or armed forces the United States; (j) One motor vehicle to the value three thousand five hundred dollars provided value shall be determined as the fair market value the motor vehicle less the amount all liens and security interests which encumber it; (k) Wedding and engagement rings; (l) Residential utility deposits for one residence and one residential security deposit; (m) Any assets or interests an exemptioner in or payments received by the exemptioner from a plan or arrangement described in section 52-321a; (n) Alimony and support other than child support but only to the extent that wages are exempt from execution under section 52-361a; (o) An award under a crime reparations act; Sec 52-362c Voluntary wage deduction authorization for support A voluntary wage deduction authorization for payment amounts due for support shall have the same force and effect as a wage order issued under section 52-362 and all payments under such authorization shall be made to the state disbursement unit established and maintained by the Commissioner Social Services in accordance with subsection (j) section 17b-179 A voluntary wage deduction authorization under this section shall have the same priority over execution issued under section 52-361a as is provided for wage issued under section 52-362 (1972 P.A 214; P.A 74-183 S 101 291; P.A 76-436 S 490 681; P.A 82-472 S 141 183; P.A 83-581 S 36 40; P.A 89-195 S 4; 89-360 S 16 45; P.A 90-213 S 39 56; P.A 93-396 S 9; P.A 99-193. A party whose parentage a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this part 23c8311s § 8311  Special rules evidence and procedure. (C)  Use by county agency or law enforcement ficial.--A county agency or law enforcement ficial may only request the information under subsection (a) for the purposes investigating reports child abuse assessing allegations that a child is in need general protective services providing protective services to a child or investigating a crime against a child criminal fense The following shall apply where information is requested pursuant to this section: (1)  A law enforcement ficial may use information contained in the Statewide database for the purpose investigating a criminal fense as follows: (B)  required by this chapter and the training program was approved by the department (iii)  The amount training received equals or exceeds the amount training required by this subsection (d)  Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: In addition to periodic support payments the court may require that an obligor pay a designated percentage a spouse's reasonable and necessary health care expenses If health care coverage is available through an obligor or obligee at no cost as a benefit employment or at a reasonable cost the court shall order an obligor or obligee to provide or extend health care coverage to a spouse Upon failure the obligor to make this payment or reimburse the spouse and after compliance with procedural due process requirement the court shall treat the amount as arrearages The Secretary Public Welfare referred to in this section was redesignated as the Secretary Human Services by Act 132 2014 23c8102s § 8102  Scope 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) (A)  General rule.--Notwithstanding section 6338.1 (relating to expunction information perpetrator who was under 18 years age when child abuse was committed): (1)  At any time the secretary may amend or expunge any record in the Statewide database under this chapter upon good cause shown and notice to the appropriate subjects the report The request shall be in writing in a manner prescribed by the department For purposes this paragraph good cause shall include but is not limited to the following: (2)  The plan supervision or alternative arrangement shall be approved by the county agency and kept on file with the agency until the investigation is completed (Iv)  The Department Health is satisfied that the form has been substantially completed (3)  The Department Health shall file an accepted name redaction request form in the adoption file the adoptee to whom the form pertains (4)  A birth parent may request at any time that the Department Health remove the name redaction request form from the adoption file the adoptee to whom the form pertains The Department Health shall remove the form if the birth parent provides the department all the following: (A)  Between parents.--In any action regarding the custody the child between the parents the child there shall be no presumption that custody should be awarded to a particular parent (b)  Between a parent and third party.--In any action regarding the custody the child between a parent the child and a nonparent there shall be a presumption that custody shall be awarded to the parent The presumption in favor the parent may be rebutted by clear and convincing evidence "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 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) § 6369  Taking child into protective custody (Repealed) 23c6369v   2014 Repeal  Section 6369 was repealed Ap P. effective December.     CHAPTER 35 PROPERTY RIGHTS   Sec. (D)  Relief.--Upon a finding in favor the plaintiff the court may grant appropriate relief which may include reinstatement the plaintiff with back pay (e)  Departmental intervention.--The department may intervene in an action commenced under this section 23c6320v ( P. . 6361  Organization for child protective services 6362  Responsibilities county agency for child protective services 6363  County plan for protective services 6364  Purchasing services other agencies. (3)  If a third party wishes to relinquish the defendant's firearms other weapons and ammunition prior to return the safekeeping permit pursuant to paragraph (1) the sheriff shall accept return the safekeeping permit and shall seize all the defendant's firearms other weapons and ammunition from the third party The sheriff shall notify the defendant that the firearms other weapons and ammunition which were relinquished to the third party are in the sheriff's possession and that the defendant may relinquish the firearms other weapons and ammunition to a subsequent third party pursuant to this section or to a licensed dealer pursuant to section 6108.2 The validity a divorce or 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 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 the decree or who remarries after the decree or is guilty laches is barred from making a collateral attack upon the validity the decree unless by clear and convincing evidence it is established that fraud by the other party prevented the making a timely appeal from the divorce or decree § 2910  Penalty for unauthorized disclosure   Subchapter B  Records and Access to Information     Enactment  Part V was added Octo P. effective in 90 days     CHAPTER 41 (A)  Action.--A nonregistering party seeking to contest the validity or enforcement a registered support order in this State must request a hearing within the time required under section 7605 (relating to notice registration order) The nonregistering party may seek to vacate the registration to assert any defense to an allegation noncompliance with the registered order or to contest the remedies being sought or the amount any alleged arrearages pursuant to section 7607 (relating to contest registration or enforcement)   1994 DECEMBER 16 P.   § 9  Department Public Welfare Study. The Department Public Welfare shall study the advisability the adoption a protocol for the screening anonymous referrals suspected child abuse which might include requiring some corroboration the alleged abuse prior to the commencement an appropriate investigation under 23 Pa.C.S The Department Public Welfare shall report its conclusions and recommendations to the General Assembly regarding anonymous referrals no later than June 1 1996     1997 Amendment  Act 58 added section 7501.3 was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support § 7501.4  Penalties for noncompliance. (B)  Procedures.--In all cases s which are void the may be annulled as set forth in section 3303 (relating to void and voidable s) or its invalidity may be declared in any collateral proceeding 23c3304v   Cross References.  Section 3304 is referred to in section 1702. Additional Items Both parents decide together / Plaintiff / Defendant Explain what process you will use to make decisions? (For example the parent confronted with or anticipating the choice will call the other parent when the choice presents itself and the other parent must agree or disagree within 24 hours any deadline) 2008 Amendment  Act 33 added subsec (a)(17) 2006 Amendment  Act 146 amended subsec (a)(1) and added subsec (a)(16) 2004 Amendment  Act 207 amended subsec (a)(5) See section 29 Act 207 in the appendix to this title for special provisions relating to construction law I have received a notice proposed relocation and § 7308  Supervisory duty (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 the determination Holiday YEAR A YEAR B. (I)  the sheriff revokes the safekeeping permit pursuant to subsection (c)(1); or (ii)  the sheriff accepts return the safekeeping permit pursuant to subsection (d) (3)  (i)  A defendant wishing to relinquish firearms other weapons or ammunition to a third party pursuant to subsection (a) shall in the presence the sheriff or the sheriff's designee execute an affidavit on a form prescribed by the Pennsylvania State Police which shall include at a minimum the following: (E)  Place detention.--No child taken into protective custody under this chapter may be detained during the protective custody except in an appropriate medical facility foster home or other appropriate facility approved by the department for this purpose (f)  Conference with parent or other custodian.--A conference between the parent guardian or other custodian the child taken into temporary protective custody pursuant to this section and the employee designated by the county agency to be responsible for the child shall be held within 48 hours the time that the child is taken into custody for the purpose : (D)  Exclusion information.--Except as provided under section 6341(c.2)(4) (relating to amendment or expunction information) information maintained in the Statewide database obtained from an investigating agency in relation to an appeal request shall not be released to any person except a department ficial Information in the Statewide database or a confidential report provided under section 6341(c.2)(4) shall be subject to subsection (c) Mother's Day (Iii)  The identity the public or private agency under contract with a county agency to provide services to the child and the child's family in the child's home prior to the child's death or near fatality (iv)  A description services provided under subparagraph (iii) (v)  The identity the county agency that convened a child fatality or near fatality review team with respect to. § 1904  Filing or threatening to file actions prohibited 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 action abolished or barred by this chapter whether the cause action arose within or without this Commonwealth (A)  Testimony.--The court shall hear testimony in support the petition and such additional testimony as it deems necessary to inform it as to the desirability the proposed adoption It shall require a disclosure all moneys and consideration paid or to be paid to any person or institution in connection with the adoption (C)  Long arm procedures.--The Supreme Court shall by general rule establish procedures for the exercise long arm jurisdiction to establish paternity and to establish and enforce support Long arm jurisdiction shall be used in preference to proceedings under Part VIII (relating to uniform interstate family support) or VIII-A (relating to intrastate family support) unless it would be more effective to proceed otherwise Long arm proceedings may be commenced or continued in any county where the plaintiff resides regardless whether the parties maintained a family domicile in that county (d)  Jurisdiction over nonresident.--(Deleted by amendment) (F)  Exclusivity remedy.--This section constitutes the exclusive remedy for enforcement an agreement and no statutory or common law remedy shall be available for enforcement or damages in connection with an agreement 23c2738v   Cross References  Section 2738 is referred to in sections 2741 2742. Sec 52-356b Court order for transfer specified property or evidence (a) If a judgment is unsatisfied the judgment creditor may apply to the court for an execution and an order in aid the execution directing the judgment debtor or any third person to transfer to the levying ficer either or both the following: (1) Possession specified personal property that is sought to be levied on; or (2) possession documentary evidence title to property or a debt owed to the judgment debtor that is sought to be levied on (b) The court may issue a turnover order pursuant to this section after notice and hearing or as provided in subsection (c) this section on a showing need for the order If the order is to be directed against a third person such person shall be notified his right pursuant to section 52-356c to a determination any interest claimed in the property. (P) All benefits allowed by any association persons in this state towards the support any its members incapacitated by sickness or infirmity from attending to his usual business; (q) All moneys due the exemptioner from any insurance company on any insurance policy issued on exempt property to the same extent that the property was exempt; (r) Any interest the exemptioner in any property not to exceed in value one thousand dollars; (s) Any interest the exemptioner not to exceed in value four thousand dollars in any accrued dividend or interest under or loan value any unmatured life insurance contract owned by the exemptioner under which the insured is the exemptioner or an individual whom the exemptioner is a dependent; (1)  The parent by conduct continuing for a period at least six months immediately preceding the filing the petition either has evidenced a settled purpose relinquishing parental claim to a child or has refused or failed to perform parental duties (2)  The repeated and continued incapacity abuse neglect or refusal the parent has caused the child to be without essential parental care control or subsistence necessary for his physical or mental well-being and the conditions and causes the incapacity abuse neglect or refusal cannot or will not be remedied by the parent (C)  Employees in two or more states.--An employer that employs individuals in two or more states and that transmits reports magnetically or electronically may comply with subsection (b) by designating one its fices located in a state in which the employer has employees to send the required report to the Commonwealth directory new hires An employer that transmits reports pursuant to this subsection shall notify the Commonwealth directory new hires and the United States Secretary Health and Human Services in writing as to which state such employer has designated to send the report required under subsection (b) If the Commonwealth is so designated the employer shall transmit information in accordance with this subchapter including the newly hired employee's state hire and shall comply with all procedures adopted under this subchapter (A)  General rule.--The original certificate shall be signed by the person solemnizing the and given to the parties contracting the The duplicate certificate shall be signed by the person or by a member the religious society institution or organization solemnizing the and returned for recording within ten days to the court which issued the license (4)  Any resource family that is voluntarily registered on the foster parent registry shall be maintained on the resource family registry mandated under this section (d.2)  Information in the resource family registry.-- (1)  The resource family registry shall include but not be limited to the following: Sec 52-380b (Formerly Sec 49-54) Judgment lien on property telephone or electric distribution company or association Any property any telephone or electric distribution company or association engaged in distributing electricity by wires or similar conductors attached or liable to attachment under the provisions section 52-287 may be subjected to a lien by any person holding the legal title to an unsatisfied judgment whether by assignment or otherwise against the company or association provided the creditor shall file a certificate in writing in the fice the Secretary the State in the form provided in section 52-380a If the lien is placed upon the property attached in the suit upon which the judgment was predicated and within four months after the judgment was rendered it shall hold from the date the attachment Any such lien may be foreclosed or redeemed in the same manner as mortgages upon real property. (C)  Modification.--In a proceeding to modify a child custody determination a court this Commonwealth shall determine whether a proceeding to enforce the determination has been commenced in another state If a proceeding to enforce a child custody determination has been commenced in another state the court may: (1)  stay the proceeding for modification pending the entry an order a court the other state enforcing staying denying or dismissing the proceeding for enforcement; "law."  The term includes decisional and statutory law and rules and regulations having the force law "Obligee."  Any the following: (1)  An individual to whom a duty support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage a child has been issued § 2701  Contents petition for adoption A petition for adoption shall set forth: (1)  The full name residence marital status age occupation religious affiliation and racial background the adopting parent or parents and their relationship if any to the adoptee (3)  In no case shall an employer administrator supervisor or other person responsible for employment decisions hire or approve an applicant if the applicant's criminal history record information indicates the applicant has been convicted a felony fense under the act Ap (P. ) known as The Controlled Substance Drug Device and Cosmetic Act committed within the five-year period immediately preceding verification under this section 52  Uniform Child Abduction Prevention 53  Child Custody 54  Uniform Child Custody Jurisdiction and Enforcement 55  Liability for Tortious Acts Children 56  Standby Guardianship "attending physician."  A physician who has primary responsibility for the treatment and care the designator If physicians share responsibility another physician is acting on the attending physician's behalf or no physician has primary responsibility any physician who is familiar with the designator's medical condition may act as an attending physician under this chapter "Coguardian."  A person who along with a parent shares physical or legal custody or both. (Oct 6 1994 P. eff 60 days) 23c6112s § 6112  Disclosure addresses. 8312  Assistance with discovery 8313  Costs and fees   Enactment  Chapter 83 was added April 4 1996 P. effective immediately   2000 Repeal  Section 6382 was repealed P. effective in 60 days 23c6383s § 6383  Education and training. (1)  Identify the two or more orders and order alleged by the registering party to be the controlling order and the consolidated arrearages if any (2)  Notify the nonregistering party the right to a determination which is the controlling order (3)  State that the procedure under subsection (b) applies to the determination which is the controlling order "child."  An individual who is under 18 years age "County agency."  A county children and youth social service agency established under section 405 the act J (P. ) known as the County Institution District Law or its successor and supervised by the Department Public Welfare under Article IX the act J (P. ) known as the Public Welfare Code "Department."  The Department Public Welfare the Commonwealth § 6304  Exclusions from child abuse § 6305  Electronic reporting § 6306  Regulations A parent a newborn shall not be criminally liable under any provision Title 18 (relating to crimes and fenses) if the criteria set forth in 18 Pa.C.S § 4306 (relating to newborn protection) are met 23c6504s § 6504  Health care providers accepting newborns. 1504  Returns s   Enactment  Chapter 15 was added Decem P. effective in 90 days 23c1501s § 1501  Form certificates. (D)  Reinstatement or issuance license.--Where an order or directive has been issued pursuant to subsection (c) and the obligor has satisfied the arrearage or entered into a court-approved payment plan or if applicable the obligor or other individual has been excused from the failure to comply with the subpoena or warrant the court the domestic relations section or the department shall order or direct the licensing authority to reinstate or issue the license to the obligor or other individual Upon receipt the order the licensing authority shall reinstate or issue the license immediately provided that the obligor or other individual meets any and all other requirements for issuance or reinstatement Chapter 56  Standby Guardianship   Subchapter A  Preliminary Provisions   Cited 217 C 507; 225 C 705 Negotiated settlement with two defendants after judgment strict foreclosure renders it inequitable to allow plaintiff to execute on defendant's property. § 5325  Standing for partial physical custody and supervised physical custody In addition to situations set forth in section 5324 (relating to standing for any form physical custody or legal custody) grandparents and great-grandparents may file an action under this chapter for partial physical custody or supervised physical custody in the following situations: (1)  where the parent the child is deceased a parent or grandparent the deceased parent may file an action under this section; (7)  Juvenile detention center services or programs for delinquent or dependent children (8)  Mental health services for children (9)  Services for children with intellectual disabilities (10)  Early intervention services for children. 5501  Definitions 5502  Liability parents 5503  Establishing liability in criminal or juvenile proceedings 5504  Establishing liability in civil proceedings 5505  Monetary limits liability. (I)  a dependency proceeding involving the child has been initiated or is ongoing; or (ii)  there is an order permanent legal custody under 42 Pa.C.S § 6351(a)(2.1) or (f.1)(3) (relating to disposition dependent child) 23c5324v (May 4 2018 P. eff. (2)  Medical hospital and foster care expenses incurred on behalf the child prior to the decree adoption (3)  Reasonable expenses incurred by the agency or a third party for adjustment counseling and training services provided to the adoptive parents and for home studies or investigations (4)  Reasonable administrative expenses incurred by the agency to include overhead costs and attorney fees "medical support."  Health care coverage which includes coverage under a health insurance plan or government-subsidized health care coverage including payment costs premiums copayments deductibles and capitation fees and payment for medical expenses incurred on behalf. (E) To prevent the financial institution from paying the serving ficer as provided in subsection (h) this section such other secured party shall give notice its prior perfected security interest in such deposit account by delivering to the clerk the court that issued the execution a written claim for determination interests in property pursuant to section 52-356c and by delivering a copy such claim to the financial institution upon which such execution is served. "adult."  An individual who is 18 years age or older "Certified copy."  A paper copy the original order the issuing court endorsed by the appropriate clerk that court or an electronic copy the original order the issuing court endorsed with a digital signature the judge or appropriate clerk that court A raised seal on the copy the order the issuing court shall not be required "Comparable court."  A foreign. (A)  General rule.--Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction) a court this Commonwealth may not exercise its jurisdiction under this subchapter if at the time the commencement the proceeding a proceeding concerning the custody the child has been commenced in a court another state having jurisdiction substantially in conformity with this chapter unless the proceeding has been terminated or is stayed by the court the other state because a court this Commonwealth is a more convenient forum under section 5427 (relating to inconvenient forum) § 5330  Consideration criminal charge (a)  Expedited hearing.--A party who has obtained information under 42 Pa.C.S § 1904 (relating to availability criminal charge information in child custody proceedings) or otherwise about a charge filed against the other party for an fense listed under section 5329(a) (relating to consideration criminal conviction) may move for a temporary custody order or modification an existing custody order The court shall hold the hearing under this subsection in an expeditious manner "master for emergency relief."  A member the bar the Commonwealth appointed under section 6110(e) (relating to emergency relief by minor judiciary) "Minor."  An individual who is not an adult "Other weapon."  Anything readily capable lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have The term does not include a firearm A tribunal this State may communicate with a tribunal outside this State in a record or by telephone e-mail or other means to obtain information concerning the laws; the legal effect a judgment decree or order that tribunal; and the status a proceeding A tribunal this State may furnish similar information by similar means to a tribunal outside this State 23c7317v ( P. eff imd.)   12 hours 24 hours 1 week 1 month May parents contact one another? When the child/children is/are with one you how may they contact the other parent? (1)  An employer or ficer or employee there who willfully fails to comply with an order attachment under this chapter may as prescribed by general rule be adjudged in contempt and committed to jail or fined by the court (2)  The employer shall be liable for any amount the employer willfully fails to withhold from income due an employee under an order attachment income and any amount which is withheld from such income but not forwarded to the domestic relations fice (P)  Use information.--A prospective adoptive parent may not be approved if the prospective adoptive parent or an individual 18 years age or older who resides for at least 30 days in a calendar year with the prospective adoptive parent meets either the following: (1)  Is named in the Statewide database as the perpetrator a founded report committed within the five-year period immediately preceding verification pursuant to this section (2)  Has been found guilty an fense listed in subsection (c).   1997 Amendment  Act 58 amended subsecs (a) and (c)(1) (4) and (6) was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support 1994 Amendment  Act 150 amended subsec (c) Section 5 Act 150 provided that the amendment section 4343 shall apply to all actions pending on the effective.  the Department Human Services in conjunction with the Department Education and the Pennsylvania Commission on Crime and Delinquency shall conduct a study to analyze and make recommendations on employment bans for those having contact with children in this Commonwealth The following apply: (1)  The study shall include recommendations on all the following: (6)  A copy the benefit booklet or coverage contract (7)  A description all deductibles and copayments (8)  Five copies any claim forms (g)  Obligations insurance companies.--Every insurer doing business within this Commonwealth shall be obligated as follows: (1)  a court 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 this Commonwealth or a court another state determines that the child the child's parents and any person acting as a parent do not presently reside in this Commonwealth 2531.  report intention to adopt 2532.  Filing report 2533.  Report intermediary 2534.  Exhibits 2535.  Investigation. Other (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 personal jurisdiction over persons outside this Commonwealth) 23c6103v ( P. eff. (B)  Reports to coroner.--The county agency shall give telephone notice and forward immediately a copy reports made pursuant to this chapter which involve the death a child to the appropriate coroner pursuant to section 6317 (relating to mandatory reporting and postmortem investigation deaths) (1)  The county agency shall closely monitor the child and the child's family and shall seek court-ordered medical intervention when the lack medical or surgical care threatens the child's life or long-term health (2)  All correspondence with a subject the report and the records the department and the county agency shall not reference child abuse and shall acknowledge the religious basis for the child's condition (3)  The family shall be referred for general protective services if appropriate.   § 2521  Effect decree termination   Subchapter D  Reports and Investigation   (6)  A survivor a deceased birth parent (c)  Maintenance record.--A statement regarding medical and social history information shall be maintained as a permanent record (d)  Forwarding statement.--If a statement regarding medical and social history information is filed in the court that terminated parental rights a copy the statement shall be forwarded to the court that finalized the adoption and the information registry established under Subchapter C (Dec 4 1992 P. eff 90 days)   1992 Amendment.  Section 4(1) Act 114 provided that the amendment section 4324 shall apply to all support orders entered reviewed or modified on or after the effective date Act 114 Cross References.  Section 4324 is referred to in section 6108. (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 the following: (1)  Making a report suspected child abuse or making a referral for general protective services regardless whether the report is required to be made under this chapter (I)  Not prohibited from possessing firearms other weapons and ammunition the sheriff shall accept the return the safekeeping permit and the third party shall relinquish to the defendant all the defendant's firearms other weapons and ammunition which were relinquished to the third party pursuant to this section (7)  The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this part in this State (8)  Payment to the extent alleged arrears have been paid in whole or in part (9)  In a case in which the respondent did not appear and was not represented in the proceeding in the issuing foreign country: (1)  In the case the marital portion a defined benefit retirement plan being distributed by means a deferred distribution the defined benefit plan shall be allocated between its marital and nonmarital portions solely by use a coverture fraction The denominator the coverture fraction shall be the number months the employee spouse worked to earn the total benefit and the numerator shall be the number 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 § 7612  Recognition order modified in another state If a child support order issued by a tribunal this State is modified by a tribunal another state which assumed jurisdiction under a law substantially similar to this part all the following are available to a tribunal this State: (1)  A tribunal may enforce the order that was modified only as to arrears and interest accruing before the modification Chapter 37  Alimony and Support   § 3701  Alimony (V)  applying for a passport or visa or obtaining travel documents for the respondent a family member or the child; or (vi)  seeking to obtain the child's birth certificate or school or medical records; (4)  has engaged in domestic violence stalking or child abuse or neglect; (5)  has refused to follow a child custody determination; (A)  Petition.--Any public body or public agency caring for or assisting any indigent person may petition the court common pleas if the person is full age or the orphans' court if the person is a minor for a rule to show cause why the public body public agency or some other person appointed by the court should not become the legal guardian the person and property the person The petition shall have attached an inventory the property the person The court shall schedule a hearing on the matter and shall serve notice the hearing upon the person § 3307  Defenses § 3308  Action where defendant suffering from mental disorder § 3309  General appearance and collusion (Ix)  Any other information which the party proposing the relocation deems appropriate (x)  A counter-affidavit as provided under subsection (d)(1) which can be used to object to the proposed relocation and the modification a custody order (xi)  A warning to the nonrelocating party that if the nonrelocating party does not file with the court an objection to the proposed relocation within 30 days after receipt the notice that party shall be foreclosed from objecting to the relocation § 5104  Blood tests to determine paternity § 5105  Fingerprinting children   (A)  General rule.--Unless the court issues a temporary emergency order pursuant to section 5424 (relating to temporary emergency jurisdiction) upon a finding that a petitioner is entitled to immediate physical custody the child the court shall order that the petitioner may take immediate physical custody the child unless the respondent establishes that: (1)  the child custody determination has not been registered and confirmed under section 5445 (relating to registration child custody determination). 2 (A)  Foreign country treated as state.--A court this Commonwealth shall treat a foreign country as if it were a state the United States for the purpose 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 this chapter must be recognized and enforced under Subchapter C (relating to enforcement) History: P.A 84-527 amended Subsec (a) to decrease the time period in Subdiv (3) from one year to 180 days; P.A 85-346 added reference to Sec 52-351b and deleted “postage prepaid” Cited. (F)  Request for information.-- (1)  When the court or agency receives a written request for medical and social history information it shall notify the requester within 120 days whether it possesses any medical and social history information relating to the adoption (2)  Within 120 days locating medical and social history information the court or agency shall do the following: (A)  General rule.--In addition to the rules evidence provided under 42 Pa.C.S Ch 63 (relating to juvenile matters) the rules evidence in this section shall govern in child abuse proceedings in court or in any department administrative hearing pursuant to section 6341 (relating to amendment or expunction information) (F)  Fee.--The Department Health may charge a fee for issuing a noncertified copy original birth record as required by this section The fee charged shall not exceed the fee for a certified copy an original birth record provided in section 609-A the act April 9 1929 (P. ) known as The Administrative Code 1929 (g)  Construction.--Nothing in this section shall be construed to permit disclosure an adoptee's birth record to the birth parents an adoptee (G.3)  Voidable transfers.--The court may void any voidable transfer by the obligor pursuant to 12 Pa.C.S Ch 51 (relating to voidable transactions) It shall be a rebuttable presumption that a transfer by an obligor is voidable as to an obligee if the transfer was made for less than reasonably equivalent value and the transfer occurred after the initiation a proceeding to establish or enforce support (h)  Applicability.--This section applies to all support orders whether entered under this chapter or any other statute (M)  Certify income.--Upon request the domestic relations section the employer shall report and certify the income an employee (n)  Bonding.--The court may attach forms income other than wages assets including spendthrift trusts and private public State county and municipal pensions and include bonding or other requirements in cases involving obligors whose income is from sources other than wages in order to assure that support owed by obligors in this Commonwealth will be collected without regard to the types these obligors' income or the nature their income-producing activities 5330  Consideration criminal charge 5331  Parenting plan 5332  Informational programs 5333  Counseling as part order 5334  Guardian ad litem. § 7501.3  Immunity from civil liability An employer who complies with an income- order issued in another state in accordance with this chapter is not subject to civil liability to an individual or agency with regard to the employer's child support from the obligor's income ( P. . (B)  Data form.--The department shall develop a data form to facilitate the collection statistical and demographic information from a child fatality or near fatality review team and a county agency which can be incorporated into a study conducted by the department 23c6342v (July 3 2008 P. eff 180 days; Apr 7 2014 P. eff )   (3)  In the case a family that never received cash assistance from the Commonwealth all support collections shall be paid to the family with the exception the federally mandated $25 annual fee collected from the custodial parent as required under section 4351(a.1) (relating to costs and fees) (d)  Retention by Commonwealth.-- § 6373  General protective services responsibilities county agency § 6374  Principles and goals general protective services The license shall not be valid for a longer period than 60 days from the date issue and shall be in substantially the following form: Commonwealth Pennsylvania ss:   Subchapter C  Information Registry   § 2921  Establishment registry (12)  An individual supervised or managed by a person listed under paragraphs (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) and (13) who has direct contact with children in the course employment (13)  An independent contractor (14)  An attorney affiliated with an agency institution organization or other entity including a school or regularly established religious organization that is responsible for the care supervision guidance or control children (3)  Paternity the child shall be established by voluntary acknowledgment paternity or blood genetic or other paternity testing acceptable to the court The cost the testing shall be borne by the parent who was convicted. (July 2 1993 P. eff 60 days)   1993 Amendment.  Act 62 added section 4309 23c4321h     (B)  Modification where court does not have exclusive continuing jurisdiction.--A court 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 23c5422v   (Ii)  Was found delinquent as a result the same acts which resulted in the sexually violent delinquent child being named a perpetrator child abuse (3)  A juvenile fender as defined in 42 Pa.C.S § who meets all the following: (i)  Is required to register under 42 Pa.C.S Ch 97 Subch H as a result an adjudication delinquency for the same acts which resulted in the juvenile fender being named a perpetrator. (4)  Where either party to the was at the time the and still is naturally and incurably impotent unless the condition was known to the other party prior to the (5)  Where one party was induced to enter into the due to fraud duress coercion or force attributable to the other party and there has been no subsequent voluntary cohabitation after knowledge the fraud or release from the effects fraud duress coercion. § 4355  Denial or suspension licenses. § 6117  Procedure and other remedies § 6118  Full faith and credit (Repealed) § 6119  Immunity Sec 52-356d Installment payment order Secs 52-357 to 52-361 Demand on execution when defendant has left the state Sale on execution at other place than signpost Adjournment execution sale When indifferent person may conduct execution sale Execution on wages after judgment Sec 52-361a Execution on wages after judgment Sec 52-361b Notification judgment debtor's rights Claim for exemption or modification Sec 52-362 Income and unemployment compensation for support Sec 52-362a Welfare support executions. Where When Pick-Up Where ( P. eff imd.) 23c7613s § 7613  Jurisdiction to modify child support order another state when individual parties reside in. (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. eff 60 days; J P. eff 60 days)   (E) Service and return A wage execution shall be served within one year from its issuance and returned within thirty days from the satisfaction the judgment. § 6336  Information in Statewide database § 6337  Disposition and expunction unfounded reports and general protective services reports "tortious act."  A willful tortious act resulting in injury 23c5502s § 5502  Liability parents Any parent whose child is found liable or is adjudged guilty by a court competent jurisdiction a tortious act shall be liable to the person who suffers the injury to the extent set forth in this chapter Cross References.  Section 6704 is referred to in sections 6703 6705 6711 this title 23c6705s § 6705  Application and certification process. (2)  A person who willfully fails to obey a final order the secretary or designated agent the secretary to amend or expunge the summary the report in the Statewide database or the contents any report filed pursuant to section 6313 (relating to reporting procedure) commits a misdemeanor the third degree (7)  award counsel fees and costs; (8)  attach wages; or (9)  find the party in contempt (f)  Partial distribution.--The court upon the request either party may at any stage the proceedings enter an order providing for an interim partial distribution or assignment marital property     SUBCHAPTER F NEW HIRE REPORTING   Sec. 4305  General administration support matters 4306  Duties Title IV-D attorney 4307  State income tax intercept 4308  Lottery winnings intercept 4308.1 Collection overdue support from monetary awards. (I)  A staff person from the county agency (ii)  A member the advisory committee the county agency (iii)  A health care pressional (iv)  A representative a local school educational program or child care or early childhood development program "consent."  A written authorization signed by the designator in the presence two witnesses who shall also sign the writing The witnesses must be 18 years age or older and not named in the designation "Court."  Family Court Division or domestic relations section a court common pleas unless otherwise provided by local rules court "Debilitation."  A person's chronic and substantial inability as a result a physically incapacitating disease or injury to care for a dependent minor (2)  Except as provided in paragraph (3) the fice Victim Advocate shall provide the program participant with written notification whenever a waiver has been granted or denied pursuant to this section (3)  No notice or opportunity to be heard shall be given to the program participant when the request for disclosure is made by a State or local law enforcement agency conducting a criminal investigation involving alleged criminal conduct by the program participant or when providing notice to the program participant would jeopardize an ongoing criminal investigation or the safety law enforcement personnel (B)  Petition.--If the court upon the testimony 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 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 child custody determination) (c)  Warrant.--A warrant to take physical custody a. (2)  Where either party was 16 or 17 years age and lacked the consent parent or guardian or express authorization the court and has not subsequently ratified the upon reaching 18 years age and an action for is commenced within 60 days after the ceremony (3)  Where either party to the was under the influence alcohol or drugs and an action for is commenced within 60 days after the ceremony This act shall apply to all proceedings begun after the effective date this act Proceedings in progress and not completed before the effective date this act may be amended with leave court after January 1 1981 to conform to this act; otherwise the proceedings shall be carried to their conclusion under the act J (P. ) known as the "Adoption Act."   Explanatory Note  Act 163 added Parts III and. (I)  Maintaining confidentiality information under sections 6339 (relating to confidentiality reports) and 6340 (ii)  Providing and discussing relevant case-specific information (iii)  Attending and participating in all meetings and activities as required (iv)  Assisting in the development the report under paragraph (4)(v). § 2936  Refusal to search § 2937  Original birth record § 2938  Rules and regulations (C)  Notification.--An agency or anyone representing the parties in an adoption shall provide notification to a prospective adoptive parent a birth parent and a child who can be reasonably expected to understand that a prospective adoptive parent and a birth relative a child have the option to enter into a voluntary agreement for continuing contact or communication (d)  Construction.--Nothing in this chapter shall be construed to prohibit the parties from agreeing to mediation an agreement at their own cost including the modification an agreement before seeking a remedy from. (2)  each employer that has directly received an income- order relating to the obligor; and (3)  the person or agency designated to receive payments in the income- order or if no person or agency is designated to the obligee ( P. eff Jan 1 1998; P. . Cited 14 CA 579 Cited 10 CS 345; 37 CS 877 Cited 6 Conn. (Ix)  Whether or not any or all firearms other weapons or ammunition were ordered relinquished. (2)  any other person or public body or public agency having any interest in the care maintenance or assistance such indigent person (d)  Contempt.-- (B)  Have the form removed from the adoption file the adoptee if the birth parent later decides to permit the birth parent's name to be included on the noncertified copy original birth record (ii)  Provisions necessary for the Department Health to be able to identify the adoption file the adoptee to whom the form pertains (iii)  A place for the birth parent to attest that the birth parent is the birth parent the adoptee to whom the form pertains Cross References  Section 77A07 is referred to in sections 7605 77A05 77A06 this title 23c77A08s § 77A08  Recognition and enforcement registered convention support order (a)  General rule.--Except as otherwise provided in subsection (b) a tribunal this State shall recognize and enforce a registered convention support order (4)  The department or county agency shall provide a person making an appeal with evidence gathered during the child abuse investigation within its possession that is relevant to the child abuse determination subject to sections 6339 (relating to confidentiality reports) and 6340 (relating to release information in confidential reports) (5)  The department or county agency shall bear the burden proving by substantial evidence that the report should remain categorized as an indicated report   SUBCHAPTER B PROCEDURE   Sec. ( P. ; Dec 9 2002 P. eff 60 days; P. eff ; P. eff ; P. eff ; July 1 2015 P. eff imd.)   2015 Amendment  Act 15 amended subsec (c)(1) (2) and (3) 1994 Amendment  Act 151 added section 6375 effective July 1 1997 except as to subsec (c)(2) See section 10(1) Act 151 in the appendix to this title for special provisions relating to the effective date subsec (c)(2) 23c6376s § 6376  Appeals with respect to general protective services. § 6344.2  Volunteers having contact with children (a)  Applicability.--This section applies to an adult applying for or holding an unpaid position as a volunteer with a child-care service a school or a program activity or service as a person responsible for the child's welfare or having direct volunteer contact with children 2018 Amendment  Act 21 amended par (2) Cross References  Section 5325 is referred to in sections 5323 5326 5328 this title 23c5326s § 5326  Effect adoption. § 2911  Definitions 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 § 2901  Time entry decree adoption § 2902  Requirements and form decree adoption § 2903  Retention parental status (E)  Uninsured expenses.--The court shall determine the amount any deductible and copayments which each parent shall pay In addition the court may require that either parent or both parents pay a designated percentage the reasonable and necessary uncovered health care expenses the parties' children including birth-related expenses incurred prior to the filing the complaint Upon request the domestic relations section the department shall provide to the domestic relations section all birth-related expenses which the department has incurred in cases it has referred to the domestic relations section for child support services (2)  If a hearing has been held pursuant to paragraph (1)(ii) and the court determines that there is a reasonable prospect reconciliation then the court shall continue the matter for a period not less than 90 days nor more than 120 days unless the parties agree to a period in excess 120 days During this period the court shall require counseling as provided in section 3302 (relating to counseling) If the parties have not reconciled at the expiration the time period and one party states under oath that the is irretrievably broken the court shall determine whether the is irretrievably broken If the court determines that the is irretrievably broken the court shall grant the divorce Otherwise the court shall deny the divorce (A)  General rule.--A court this Commonwealth which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court another state is a more appropriate forum The issue inconvenient forum may be raised upon motion a party the court's own motion or request another court (Iii)  The prospective volunteer swears or affirms in writing that the prospective volunteer is not disqualified from service pursuant to section 6344(c) or   has not been convicted an fense similar in nature to those crimes listed in section 6344(c) under the laws or former laws the United States or one its territories or possessions another state the District Columbia the Commonwealth Puerto Rico or a foreign nation or under a former law this Commonwealth § 3104  Bases jurisdiction § 3105  Effect agreement between parties § 3106  Premarital agreements   Cross References  Section 5335 is referred to in section 5334 this title 23c5336s § 5336  Access to records and information (a)  General rule.--Except as provided in subsections (b) and (c): Enactment  Chapter 51 was added Decem P. effective in 90 days 23c5101s § 5101  Attainment full age (a)  Age for entering into contracts.--Any individual 18 years age and older shall have the right to enter into binding and legally enforceable contracts and the defense minority shall not be available to such individuals (A)  Policy.--The family is the basic unit in society and the protection and preservation the family is paramount public concern Therefore it is the policy the Commonwealth to: (1)  Make the law for legal dissolution effective for dealing with the realities matrimonial experience (2)  Encourage and effect reconciliation and settlement differences between spouses especially where children are involved If a party alleges in an affidavit or a pleading under oath that the health safety or liberty a party or child would be jeopardized by disclosure 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 the party or child the tribunal may order disclosure information that the tribunal determines to be in the interest justice 23c7312v ( P. . (2)  Section 6340 (relating to release information in confidential reports) (3)  Section 6342 (relating to studies data in records) (4)  Section 6343 (relating to investigating performance county agency) (5)  Section 6343.1 (relating to citizen review panels). 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 or wrongful retention a child "Child."  An unemancipated individual who is under 18. (B)  Institutionalization.--The court may grant a divorce from a spouse upon the ground that insanity or serious mental disorder has resulted in confinement in a mental institution for at least 18 months immediately before the commencement an action under this part and where there is no reasonable prospect that the spouse will be discharged from inpatient care during the 18 months subsequent to the commencement the action A presumption that no prospect discharge exists shall be established by a certificate the superintendent the institution to that effect and which includes a supporting statement a treating physician (c)  Mutual consent.-- ( P. eff July 1 1995)   References in Text  The short title the act J P. known as the Public Welfare Code referred to in this section was amended by the act Decem P. The amended short title is now the Human Services Code. (2)  Access to any records and information pertaining to the child may not be denied solely based upon a parent's physical custody schedule (3)  Upon request a parent party or entity possessing any information set forth in paragraph (1) shall provide it to any party granted sole or shared legal custody (b)  Nondisclosure confidential information.--The court shall not order the disclosure any the following information to any parent or party granted custody: ( P. eff July 1 1997)   1994 Amendment.  Act 151 added section 6378 23c6381h     Postjudgment interest does not accrue automatically when installment payments have been ordered but judgment creditor may request postjudgment interest on a money judgment pursuant to Sec 37-3a and such interest if awarded shall continue to accrue on the unpaid portion a money judgment where installment payments have been ordered by the court. § 8302  Action by minor parent § 8303  Duties initiating tribunal § 8304  Duties and powers responding tribunal A committee the Senate designated by the President pro tempore the Senate and a committee the House Representatives designated by the Speaker the House Representatives either jointly or separately shall review the manner in which this chapter has been administered at the State and local level for the following purposes: (1)  Providing information that will aid the General Assembly in its oversight responsibilities. (Ii)  it cannot be determined from the report whether emergency protective custody is needed (2)  Within 24 hours receipt the report in all other cases (c)  Investigation.--An investigation under this section shall include the following: § 4371  Definitions § 4372  Establishment Title IV-D program § 4373  Administration Title IV-D program (A)  Remedies.--Remedies provided by this part are cumulative and do not affect the availability remedies under other law or the recognition a foreign support order on the basis comity (b)  Limitations.--This part does not: (1)  provide the exclusive method establishing or enforcing a support order under the law this State; or ( P. eff July 1 1995; July 3 2008 P. eff 180 days)   2008 Amendment  Act 33 added subsec (c) Cross References  Section 6367 is referred to in section 6341. § 6105  Responsibilities law enforcement agencies § 6106  Commencement proceedings § 6107  Hearings (H) Disposition if no exemption or prior perfected security interest is claimed If no claim exemption or secured party claim notice is received by the financial institution within fifteen days the mailing to the judgment debtor and any secured party the execution and exemption claim form pursuant to subsection (d) this section the financial institution shall upon demand forthwith pay the serving ficer the amount removed from the judgment debtor's account and the serving ficer shall thereupon pay such sum less such serving ficer's fees to the judgment creditor except to the extent otherwise ordered by. § 2911  Definitions § 2912  Combined request for information § 2913  Reasonable fees § 5447  Simultaneous proceedings If a proceeding for enforcement under this subchapter is commenced in a court this Commonwealth and the court determines that a proceeding to modify the determination is pending in a court another state having jurisdiction to modify the determination under Subchapter B (relating to jurisdiction) the enforcing court shall immediately communicate with the modifying court The proceeding for enforcement continues unless the enforcing court after consultation with the modifying court stays or dismisses the proceeding § 3301  Grounds for divorce § 3302  Counseling § 3303   void and voidable s Chapter 83  Civil Provisions General Application   § 8301  Proceedings under. Cross References  Section 6105 is referred to in sections 6106 6109 6114 this title; section 62A04 Title 42 (Judiciary and Judicial Procedure) 23c6106s § 6106  Commencement proceedings. (B)  Verification 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 the following: (1)  Identified the requester including electronic verification the requester's identity (2)  Determined whether the requester is authorized to obtain the information under this section Subchapter A  General Provisions   § 5401  Short title chapter § 5402  Definitions (C)  after redaction information listing any firearm other weapon or ammunition (vi)  As used in this paragraph the term "defendant's firearms" shall if the defendant is a licensed firearms dealer only include firearms in the defendant's personal firearms collection pursuant to 27 CFR § (relating to personal firearms collection) (5)  Within 24 hours the issuance the safekeeping permit issued to the third party pursuant to paragraph (2) or by close the next business day as necessary due to the closure the sheriff's fice the defendant shall return the signed acknowledgment receipt required under paragraph (4) to the sheriff in the county where the order was entered (F) Venue for contested claims under this section shall be the Family Support Magistrate Division the Superior Court in the judicial district in which the obligor resides provided (i) if the obligor does not reside in this state venue shall be in the judicial district the employer who is subject to the income order and (ii) if there is an existing action concerning support the child or children who are the subject the income order the claim shall be filed in that action (o) An employer who withholds the income an obligor pursuant to a order issued under subsection (e) (l) or (n) this section that is regular on its face shall not be subject to civil liability to any individual or agency for conduct in compliance with. Signature Mother Date (F)  Foreign support orders.--(Deleted by amendment) (g)  Notice to obligors and obligees.--The domestic relations section shall mail notice to obligors and obligees existing orders informing them that such orders may attain the status a judgment by operation law The notice shall explain the nature a judgment by operation law and its effect Further the notice shall advise each party to a support proceeding the party's duty to advise the domestic relations section material changes in circumstance and the necessity to promptly request a modification as soon as circumstances change (July 2 2014 P. eff 60 days; P. eff 60 days)   Cross References  Section 6505 is referred to in section 6504 this title 23c6506s § 6506  Failure to report acceptance newborns. § 7609  Procedure to register child support order another state for modification A party or support enforcement agency seeking to modify or to modify and enforce a child support order issued in another state must register that order in this State in the same manner provided in Subchapter A (relating to registration for enforcement support order) or B (relating to contest validity or enforcement) if the order has not been registered A petition for modification may be filed at the same time as a request for registration or later The pleading must specify the grounds for modification General PROVISIONS   Sec 7101  Short title part 7101.1 Definitions. (4)  An authorized ficial or agent the department in accordance with department regulations or in accordance with the conduct a performance audit as authorized by section 6343 (relating to investigating performance county agency) (5)  A court competent jurisdiction including a magisterial district judge a judge the Philadelphia Municipal Court and a judge the Pittsburgh Magistrates Court pursuant to court order or subpoena in a criminal matter involving a charge child abuse under section 6303(b) (relating to definitions) Disclosure through testimony shall be subject to the restrictions subsection (c) § 1702   during existence former § 1703   within degree consanguinity § 1704   between persons the.   SUBCHAPTER A REGISTRATION FOR ENFORCEMENT SUPPORT ORDER   Sec.   Cross References  Section 2737 is referred to in sections 2741 2742 this title 23c2738s § 2738  Enforcement agreement. (I)  Investigation concerning a school or child-care service employee.-- (1)  Upon notification that an investigation involves suspected child abuse by a school or child-care service employee including but not limited to a service provider independent contractor or administrator the school or child-care service shall immediately implement a plan supervision or alternative arrangement for the individual under investigation to ensure the safety the child and other children who are in the care the school or child-care service (3)  Upon request any person the domestic relations section shall issue a written certification the amount overdue support owed by an individual as the date the certification and shall note on the docket the date certification and the amount certified The interests any purchaser real estate for value mortgagee or other lienor that in good faith purchases the real estate or lends money on the security the real estate and that records within 30 days before or 60 days after the date issuance a certificate under this paragraph a deed mortgage or other encumbrance against the real estate shall not be subject to any lien for overdue support in excess the amount shown on the certification (Ii)  A third party who will be accepting possession firearms other weapons and ammunition pursuant to subsection (a) shall in the presence the sheriff or the sheriff's designee execute an affidavit on a form prescribed by the Pennsylvania State Police which shall include at a minimum the following: (A)  The caption the case in which the protection from abuse order was issued (B)  The name address and date birth the defendant. § 7205  Continuing exclusive jurisdiction to modify child support orders (a)  Extent.--A tribunal this State that has issued a child support order consistent with the law 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 the filing a request for modification this State is the residence the obligor the individual obligee or the child for whose benefit the support order is issued; or (G) Disposition if exemption or prior perfected security interest is claimed If an exemption claim is made or a secured party claim notice is given pursuant to subsection (e) this section the financial institution shall continue to hold the amount removed from the judgment debtor's account for forty-five days or until a court order is received regarding disposition the funds whichever occurs earlier If no such order is received within forty-five days the date the financial institution sends a copy the exemption claim form or notice exemption or a secured party claim notice to the clerk the court the financial institution shall return the funds to the judgment debtor's account.   2015 Amendment  Act 94 added section 7101.1 Cross References  Section 7101.1 is referred to in sections 7307 77A01 this title 23c7102s § 7102  Remedies cumulative (Repealed). Provisions AND RESPONSIBILITIES FOR REPORTING SUSPECTED CHILD ABUSE   Sec 6311  Persons required to report suspected. A health care provider at a hospital shall in all cases notify the county agency and the local municipal police department or the Pennsylvania State Police where no municipal police jurisdiction exists immediately by telephone regarding a newborn accepted by a hospital under this chapter A written report shall be submitted to the county agency and local municipal police department or the Pennsylvania State Police within 48 hours after the oral report This section applies in the case a hospital accepting a newborn pursuant to sections 6504.1(a)(2) (relating to police ficers accepting newborns) and 6504.2(a)(2) (relating to emergency services providers accepting newborns) For purposes this section the term "health care provider" shall include administrative managerial and security personnel employed by a hospital (H) Modification Either party may apply at any time to the court which issued the wage execution for a modification the execution After notice and hearing or pursuant to a stipulation the court may make such modification the execution as is reasonable (i) Assignment earnings Any assignment by an employee his earnings shall be void except (1) payments due for support in public welfare cases and payments pursuant to a family support judgment and (2) deductions for union dues and initiation fees in accordance with the terms a duly executed contract between an employer and his employees or a collective bargaining agent or in accordance with a duly executed authorization signed by the employee for the payment such dues or initiation fees or both to such collective bargaining agent. (C)  Certification order to court.--An emergency order issued under this section and any documentation in support there shall be immediately certified to the court The certification to the court shall have the effect commencing proceedings under section 6106 (relating to commencement proceedings) and invoking the other provisions this chapter If it is not already alleged in a petition for an emergency order the plaintiff shall file a verified statement setting forth the abuse defendant at least five days prior to the hearing Service the verified statement shall be made subject to section 6106 § 7304  Duties initiating tribunal § 7305  Duties and powers responding tribunal § 7306  Inappropriate tribunal (B)  Jurisdiction declined; remedy.--If a court this Commonwealth declines to exercise its jurisdiction pursuant to subsection (a) it may fashion an appropriate remedy to ensure the safety the child and prevent a repetition the unjustifiable conduct including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under sections 5421 through 5423 § 6709  Waiver process (a)  Request for waiver.--A State or local government agency requesting disclosure a program participant's actual address pursuant to this section shall make such a request in writing on agency letterhead and shall provide the fice Victim Advocate with the following information: (1)  The name the program participant for whom the agency seeks disclosure the actual address (A)  six times the excess the liable individual's average monthly income over the amount required for the reasonable support the liable individual and other persons dependent upon the liable individual; or (B)  the cost the medical assistance for.   Chapter 65  Newborn Protection   § 6501  Short title chapter (3) “Court” means the Superior Court this state including the Family Support Magistrate Division or the court or agency any other jurisdiction with functions similar to those defined in this section including the issuance and enforcement support orders (4) “Income” means earnings as defined in subdivision (3) subsection (a) section 52-362 (5) “Income derived in this jurisdiction” means any earnings the payer which is subject to the jurisdiction this state for the purpose imposing and enforcing an order for under section 52-362 (6) “Jurisdiction” means any state or political subdivision territory or possession the United States the District Columbia and the Commonwealth Puerto Rico. (Ficial Title) 23c1501h     CHAPTER 15 CEREMONY 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) Cross References  Section 5612 is referred to in sections 5613 5614 this title 23c5613s § 5613  Authority standby guardian. § 1905  Instruments executed in satisfaction abolished claims prohibited   PART III  ADOPTION   (1)  All foreign protection orders shall have the presumption validity in this Commonwealth and police ficers shall make arrests for violations there in the same manner as set for violations protection orders issued within this Commonwealth Until a foreign order is declared to be invalid by a court it shall be enforced by all law enforcement personnel in this Commonwealth (4)  There shall be no right to appeal from a refusal to issue or renew or from a revocation or suspension under this section The sole remedy shall be to petition the court which entered the underlying support order which resulted in the revocation suspension or refusal to issue or renew the recreational license (d.3)  Special procedures for licenses issued by Pennsylvania Fish and Boat Commission.-- Sec 4361  Execution support order against entireties property 4362  Plaintiff's share proceeds sale 4363  Trustee to distribute proceeds sale 4364  Credit to plaintiff who purchases property. (2)  In the case a newborn taken into protective custody pursuant to subsection (a)(3) the county agency shall within 24 hours make diligent efforts to notify a parent guardian custodian or other family member the whereabouts the newborn unless prohibited by court order and the reasons for the need to take the newborn into protective custody Cross References.  Section 6370 is referred to in section 6340 this title 23c6371s § 6371  Rehabilitative services for child and family The county agency shall provide or arrange for and monitor rehabilitative services for children and their families on a voluntary basis or under a final or intermediate order. (4)  location obligors or their assets "Support order."  A judgment decree or order whether temporary final or subject to modification whether incidental to a pending divorce for the benefit a child a spouse or a former spouse which provides for monetary support health care arrearages or reimbursement The term includes related costs and fees interest income attorney fees and other relief § 6108.2 Relinquishment for consignment sale lawful transfer or safekeeping § 6108.3 Relinquishment to third party for safekeeping § 6108.4 Registry or database firearm ownership (Iv)  the reasons for the potential abduction including evidence domestic violence stalking or child abuse or neglect (c)  Restrictions.--An abduction prevention order may include one or more the following: (1)  an imposition travel restrictions that require that a party traveling with the child outside a designated geographical area provide the other party with the following: References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services by Act 132 2014   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 23c5212s § 5212  Relation to Electronic Signatures in Global and National Commerce Act.   Chapter 81  General Provisions   § 8101  Short title part and definitions   1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support 23c7502s § 7502  Administrative enforcement orders.   Cross References  Section 5411 is referred to in section 5203 this title 23c5412s § 5412  Cooperation between courts; preservation records. "net proceeds."  Moneys in excess $5,000 payable to a prevailing party or beneficiary or in the case an award under the act June 2 1915 (P. ) known as the Workers' Compensation Act or the act J (P. ) known as The Pennsylvania Occupational Disease Act the claimant after payment attorney fees witness fees court costs reasonable litigation expenses documented unpaid expenses incurred for medical treatment causally related to the claim any workers' compensation or occupational disease indemnity or medical payment and payments to the medical assistance program under sections 1409 and 1412 the act J (P. ) known as the Public Welfare Code (C)  Other programs.--In addition to child support enforcement the information received by the Commonwealth directory new hires may be utilized by the Department Labor and Industry for purposes administering the workers' compensation and unemployment compensation programs including fraud detection and to develop labor market information for economic and work force development in this Commonwealth (d)  National directory.--Information included in the Commonwealth directory new hires shall be provided to the National Directory New Hires and as otherwise required by Federal law   Enactment.  Chapter 46 was added July 7 2005 P. effective immediately Special Provisions in Appendix.  See section 4 in the appendix to this title for special provisions relating to continuation. (G)  Testimony.--In a proceeding under this part a tribunal may permit a party or witness to be deposed or to testify by telephone audiovisual means or other electronic means at a designated tribunal or other location Tribunals shall cooperate in designating an appropriate location for the deposition or testimony 23c8312s § 8312  Assistance with discovery. (July 2 1993 P. eff imd.; P. eff Jan 1 1998)   1997 Amendment  Act 58 amended the section heading and subsec (a) and added subsec (b.1) was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support (C)  Unauthorized use disclosed actual address.--A person who lawfully obtains a program participant's actual address pursuant to an exception contained in section 6708 (relating to disclosure actual address) and who subsequently discloses or uses the actual address in a manner not authorized by this chapter commits a summary fense 23c6711v   (1)  Provide the newborn's birth parents with an opportunity to complete an acknowledgment paternity The completed signed and witnessed acknowledgment shall be sent to the Department Public Welfare A copy shall be given to each the birth parents This acknowledgment shall contain: (i)  A signed witnessed statement subject to 18 Pa.C.S § 4904 (relating to unsworn falsification to authorities) by the birth mother consenting to the acknowledgment paternity (1)  A foreign support order (2)  A foreign tribunal (3)  An obligee obligor or child residing in a foreign country (b)  Discretionary.--A tribunal this State that is requested to recognize and enforce a support order on the basis comity may apply the procedural and substantive provisions Chapter 71 72 73 74. (C)  Jurisdiction declined; expenses.--If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a) it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs communication expenses attorney fees investigative fees expenses for witnesses travel expenses and child care during the course the proceedings unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate The court may not assess fees costs or expenses against this Commonwealth unless authorized by law other than this chapter (6)  fered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Court."  A court common pleas and the Philadelphia Municipal Court "Department."  The Department Public Welfare the Commonwealth (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 suspected abuse is an indicated report (H)  Presumption good faith.--For the purposes criminal liability under this section an employer administrator supervisor or other persons responsible for the selection volunteers are presumed to have acted in good faith when identifying individuals required to submit certifications and maintain records as required by this section ( P. eff 60 days; P. eff ; P. eff ; July 1 2015 P. . (6)  A determination nonpaternity made by another state with respect to a public assistance recipient shall not be binding upon the Department Public Welfare unless the defendant shows that the department had actual notice the proceedings including the date and time any trial and a fair opportunity to participate in all material proceedings through counsel its own choice 23c4343v ( P. eff imd.; P. eff imd.; P. . (D)  Time 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 a child is enforceable throughout this Commonwealth If the court finds on the basis the testimony the petitioner or other witness that a less intrusive remedy is not effective it may authorize law enforcement ficers to enter private property to take physical custody the child If required by exigent circumstances the case the court may authorize law enforcement ficers to make a forcible entry at. § 6707  Agency use designated address State and local government agencies shall accept the substitute address designated on a valid program participation card issued to the program participant by the fice 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 (A)  Assistance another state.--A court this Commonwealth may request the appropriate court another state to: (1)  hold an evidentiary hearing; (2)  order a person to produce or give evidence pursuant to procedures that state; (3)  order that an evaluation be made with respect to the custody a child involved in a pending proceeding; (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 the relationship between the adoptee and the adoptee's birth parent 23c2933s § 2933  Identifying information. (D)  A list the firearms other weapons and ammunition which will be relinquished to the third party including if applicable the manufacturer model and serial number (E)  An acknowledgment that the defendant will not take possession any firearm other weapon or ammunition relinquished to the third party until the sheriff accepts return the safekeeping permit pursuant to subsection (d) References in Text  The Secretary Public Welfare referred to in this section was redesignated as the Secretary Human Services by Act 132 2014 References in Text  The short title the act J P. known as the Public Welfare Code referred to in this section was amended by the act Decem P. The amended short title is now the Human Services Code. (1)  The term includes only the following: (i)  A parent the child (ii)  A spouse or former spouse the child's parent (iii)  A paramour or former paramour the child's parent. § 2903  Retention parental status Whenever a parent consents to the adoption his child by his spouse the parent-child relationship between him and his child shall remain whether or not he is one the petitioners in the adoption proceeding 23c2904s § 2904  Name adoptee. § 7201  Bases for jurisdiction over nonresident § 7202  Procedure when exercising jurisdiction over nonresident (Repealed) § 7202.1 Duration personal jurisdiction Powers AND DUTIES DEPARTMENT   Sec 6331  Establishment Statewide database 6332  Establishment Statewide toll-free telephone number. § 2742  Costs If the court finds that an action brought under section 2737 (relating to modification agreement) 2738 (relating to enforcement agreement) or 2739 (relating to discontinuance agreement) was wholly insubstantial frivolous or not advanced in good faith the court may award attorney fees and costs to the prevailing parties 23c2901h   (2)  Make such investigation as may be necessary (3)  Take charge any obligor before or after hearing as may be directed by the court (4)  Collect and pay over to the persons entitled thereto moneys received pursuant to support proceedings (5)  Keep a full and complete record all support proceedings including orders. (A)  Physical presence.--The physical presence a nonresident party who is an individual in a tribunal this State is not required for the establishment enforcement or modification a support order or the rendition a judgment determining parentage a child (b)  Hearsay exception.--A petition affidavit or document substantially complying with federally mandated forms and a document incorporated by reference in any them not excluded under the hearsay rule if given in person are admissible in evidence if given under penalty perjury by a party or witness residing outside. (B)  Procedure service.--Procedure for filing and service a private criminal complaint shall be provided as set forth by local rule No fees or costs associated with the prosecution the private criminal complaint shall be assigned to the plaintiff at any stage 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 Documents Representations to the Court Violation) § 7301  Proceedings under this part (a)  Scope.--Except as otherwise provided in this part this Chapter applies to all proceedings under this part (b)  Proceedings.--(Deleted by amendment) 2511.  grounds for involuntary termination 2512.  Petition for involuntary termination 2513.  Hearing   (Iii)  Educational videos (iv)  Internet-based interactive training exercises (2)  Information shall be pertinent to both mandated and permissive reporters and shall address topics including but not limited to: (i)  Conduct constituting child abuse under this chapter. (B)  Status voidable --In all cases s which are voidable either party to the may seek and obtain an the but until a decree is obtained from a court competent jurisdiction the shall be valid The validity a voidable shall not be subject to attack or question by any person if it is subsequently confirmed by the parties to the or if either party has died 23c3306s § 3306  Proceedings to determine marital status. Chapter 53  Child Custody   § 5321  Scope chapter "court."  An entity authorized under the law 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 a child custody proceeding In the case a child six months age or younger the term means the state in which the child lived from birth with any the persons mentioned A period temporary absence any the mentioned persons is part the period   Sec 2701  Contents petition for adoption 2702  Exhibits. (Ii)  Denies one or more the allegations set forth in the affidavit but after notice and hearing the court determines that the parties have lived separate and apart for a period at least one year and that the is irretrievably broken § 6314  Photographs medical tests and X-rays child subject to report. (3)  A person identified in an order court directing the fice Victim Advocate to disclose the program participant's actual address and disclosure is made pursuant to the court order 23c6708v   Cross References.  Section 6708 is referred to in section 6711. ( P. eff 180 days)   2005 Amendment  Act 66 added section 6108.3 References in Text  The act J (P. ) referred to as the Right-to-Know Law referred to in subsec (h) was repealed by the act Febru (P.L.6 No.3) known as the Right-to-Know Law (8)  Directing the defendant to pay the plaintiff for reasonable losses suffered as a result the abuse including medical dental relocation and moving expenses; counseling; loss earnings or support; costs repair or replacement real or personal property damaged destroyed or taken by the defendant or at the direction the defendant; and other out--pocket losses for injuries sustained In addition to out--pocket losses the court may direct the defendant to pay reasonable attorney fees An award under this chapter shall not constitute a bar to litigation for civil damages for injuries sustained from the acts abuse giving rise to the award or a finding contempt under this chapter (C)  Fees and costs.--After a finding 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 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.   Chapter 19  Abolition Actions for Alienation Affections and Breach Promise to Marry   § 1901  Actions for alienation affections abolished "state."  A state the United States the District Columbia Puerto Rico the United States Virgin Islands or any territory or insular possession subject to the jurisdiction 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 ficers to take physical custody. 1995 Amendment  Act 76 amended the def "medical history information." 1992 Amendment  Act 34 added the def "newborn child." References in Text  Section 2909 referred to in this section is repealed The subject matter is now contained in section 3934.   1996 Repeal  Chapter 45 (§§ 4501 - 4540) was added Octo P. and repealed April 4 1996 P. effective immediately The subject matter is now contained in Parts VIII and VIII-A this title 23c4601h     (Vii)  Drug-related or alcohol-related arrests if criminal charges or judicial proceedings are pending and any convictions or hospitalizations within the last five years If the applicant provides information regarding convictions or hospitalizations in that five-year period then information on the prior five years shall be requested related to any additional convictions or hospitalizations (viii)  Evidence financial stability including income verification employment history current liens and bankruptcy findings within the last. (G)  Reconsideration and appeal.--Parties to a proceeding or hearing held under subsection (c.2) have 15 calendar days from the mailing date the final order the Bureau Hearings and Appeals to request the secretary to reconsider the decision Parties to a proceeding or hearing held under this section have 30 calendar days from the mailing date the final order the Bureau Hearings and Appeals to perfect an appeal to Commonwealth Court The filing for reconsideration shall not toll the 30 days provided (Ix)  Number and ages foster children and other dependents currently placed in the home (x)  Detailed information regarding children with special needs currently living in the home (xi)  Previous history as a foster parent including number and types children served. (I)  The chairman and minority chairman the Aging and Youth Committee the Senate (ii)  The chairman and minority chairman the Public Health and Welfare Committee the Senate (iii)  The chairman and minority chairman the Children and Youth Committee the House Representatives Sec 52-390 Execution; demand for legacy or distributive share When any legacy or distributive share due or which may become due from the estate a deceased person is attached the attachment shall not continue unless demand is made the garnishee upon the execution within sixty days after the rendition the judgment or within sixty days after the time when if such attachment had not been made it would have become the duty the executor or administrator in the settlement the estate to deliver to the defendant the legacy or distributive share to which he is entitled (1949. (1)  grounds have been established as provided in subsection (g); and (2)  the moving party has demonstrated that: (i)  compelling circumstances exist for the entry the decree divorce or ; and (3)  be retained by the department if any portion the amounts collected remains after making the payments required under paragraphs (1) and (2) to the extent that such portion is necessary to reimburse the Commonwealth for any past foster care maintenance payments or payments cash assistance which were made with respect to the child and with respect to which past collections have not previously been retained Any balance shall be paid to the Commonwealth agency responsible for supervising the placement the child for use by such agency in accordance with paragraph (2) Sec 52-365 Demand on execution against voluntary association Secs 52-366 and 52-367 Levy of execution against oyster-bed association Levy on corporate stock Sec 52-367a Execution against debts due from financial institution Judgment debtor other than natural person Sec 52-367b Execution against debts due from financial institution Natural person as judgment debtor Sec 52-367c Execution against lottery and pari-mutuel winnings. (I)  Newly discovered evidence that an indicated report child abuse is inaccurate or is being maintained in a manner inconsistent with this chapter (ii)  A determination that the perpetrator in an indicated report abuse no longer represents a risk child abuse and that no significant public purpose would be served by the continued listing the person as a perpetrator in the Statewide database (C) If any such financial institution upon which such execution is served and upon which such demand is made is indebted to the judgment debtor the financial institution shall remove from the judgment debtor's account the amount such indebtedness not exceeding the amount due on such execution Except as provided in subsection (d) this section the financial institution shall immediately pay to such serving ficer the amount removed from the judgment debtor's account which amount shall be received and applied on such execution by such serving ficer Such financial institution shall act upon such execution according to section 42a-4-303 before its midnight deadline as defined in section 42a-4-104 Nothing in this subsection shall be construed to affect any other rights or obligations the financial institution with regard to funds in the judgment debtor's account. (2)  A statement with explanation setting forth the reason or reasons that the agency needs the program participant's actual address and a statement that the agency cannot meet its statutory or administrative obligations without disclosure the program participant's actual address (3)  A particular statement facts showing that other methods to locate the program participant or the program participant's actual address have been tried and have failed or that the methods reasonably appear to be unlikely to succeed (A)  General rule.--In a child custody proceeding in this Commonwealth the court may order a party to the proceeding who is in this Commonwealth to appear before the court in person with or without the child The court may order any person who is in this Commonwealth and who has physical custody or control the child to appear in person with. § 2301  Court The court common pleas each county shall exercise through the appropriate division original jurisdiction over voluntary relinquishment involuntary termination and adoption proceedings 23c2302s § 2302  Venue. Subchapter B CONTEST VALIDITY OR ENFORCEMENT   Sec 7605  Notice registration order.   2015 Amendment  Act 15 amended subsecs (a) (b) (b.1) and (f) added subsecs (g) and (h) and deleted subsec (e) 2014 Amendments  Act 45 amended subsec (b) and added subsec (a.1) and Act 153 amended the entire section § 4393  Use information § 4394  Guidelines § 4395  Confidentiality (2)  A certification from the department as to whether the applicant is named in the Statewide database as the alleged perpetrator in a pending child abuse investigation or as the perpetrator a founded report or an indicated report (3)  A report Federal criminal history record information The applicant shall submit a full set fingerprints to the Pennsylvania State Police for the purpose a record check and the Pennsylvania State Police or its authorized agent shall submit the fingerprints to the Federal Bureau Investigation for the purpose verifying the identity the applicant and obtaining a current record any criminal arrests and convictions § 2558  Retroactive application subchapter   Chapter 27  Petition for Adoption   (D)  Immunity.--The department and its employees shall be immune from civil or criminal liability for any good faith action taken under this section The immunity provided by this subsection shall not apply to any individual who intentionally misuses the authority the department for a purpose other than securing the lawful establishment or enforcement support 23c4377v ( P. eff imd.)   (2)  A determination the designator's debilitation and the designator's signed and dated consent (3)  A copy the designator's death certificate (b)  Notice.-- (1)  The petitioner shall notify any person named in the designation within ten days the filing the petition and any hearing thereon (F) Upon receipt a written claim for determination interests in property made pursuant to subsection (e) this section the clerk the court shall enter the appearance the secured party with the address set forth in the written claim The clerk shall forthwith send file-stamped copies the written claim to the judgment creditor the judgment debtor and the financial institution upon which such execution was served with a notice stating that the disputed funds are being held until a court order is entered regarding the disposition the funds (g) If a written claim for determination interests in property is made pursuant to subsection (e) this section the financial institution shall continue to hold the amount removed from the judgment debtor's account until a court order is received regarding disposition. Sec 52-388 Commission to take disclosure garnishee The court before which any scire facias is pending may issue a commission to take the disclosure the defendant on oath when on account his living or being about to go out the state or being unable to travel through age or infirmity the court judges it to be reasonable (1949.   § 6  Applicability The amendment or addition 23 Pa.C.S §§ 5328(a)(2.1) 5329.1 6340(a)(5.1) and 6375(o) and 42 Pa.C.S §§ 6307(a)(4.1) and (6.5) and 6308(a)(6) shall apply to: (1)  Any action regarding custody a child under 23 Pa.C.S Ch 53 that is filed on or after the effective date this section A support order or an income- order issued in another state or a foreign support order may be registered in this State for enforcement 23c7601v ( P. eff imd.) 23c7602s § 7602  Procedure to register order for enforcement. (B)   certificates.--In lieu the certificate set forth in section 1501 (relating to form certificates) there shall be appended to the declaration two certificates numbered to correspond to the declaration in the following form: This paragraph does not include consensual activities between a child who is 14 years age or older and another person who is 14 years age or older and whose age is within four years the child's age (2)  Any the following fenses committed against a child: (i)  Rape as defined in 18 Pa.C.S § 3121 (relating. § 4381  Garnishment wages Commonwealth employees Notwithstanding any other provision law moneys due from or payable by the Commonwealth including any agency instrumentality or authority there 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 his legal obligations to provide support for a child or spouse (F)  Records.--All documents required in subsection (a) as well as any other accompanying documents shall be kept in the files the court as a permanent record and shall be withheld from inspection except on order court granted upon cause shown Information identifying the birth parents 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 23c2908v (July 7 2006 P. eff. 2721.  notice hearing 2722.  Place hearing 2723.  Attendance at hearing 2724.  Testimony and investigation 2725.  Religious belief. Cross References  Section 7311 is referred to in section 77A06 this title 23c7312s § 7312  Nondisclosure information in exceptional circumstances. (15)  The Federal State and local tax ramifications the alimony award (16)  Whether the party seeking alimony lacks sufficient property including but not limited to property distributed under Chapter 35 (relating to property rights) to provide for the party's reasonable needs (17)  Whether the party seeking alimony is incapable self-support through appropriate employment (1)  The court may grant a divorce where a complaint has been filed alleging that the is irretrievably broken and an affidavit has been filed alleging that the parties have lived separate and apart for a period at least one year and that the is irretrievably broken and the defendant either: (i)  Does not deny the allegations set forth in the affidavit. (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 which will result in the release the obligor § 5201  Scope chapter This chapter relates to uniform child abduction prevention 23c5202s § 5202  Definitions. (1)  An agreement shall cease to be enforceable on the date the child turns 18 years age unless the agreement otherwise stipulates or is modified by the court (2)  The court issuing final approval an agreement shall have continuing jurisdiction over enforcement the agreement until the child turns 18 years age unless the agreement otherwise stipulates or is modified by.   2015 Amendment  Act 94 added section 7903 23c8101h     (Iv)  Providing a controlled environment to protect and care for the infant (v)  Providing notice to the personnel a hospital police station or other entity which employs or otherwise provides access to an emergency services provider within 30 seconds the infant being placed by the parent in the incubator 1998 Amendment  Act 127 added subsec (r) Act 127 1998 was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support 2006 Amendment  Act 146 amended the section heading and subsec (b) intro par added subsecs (b)(5) and (c) and carried without amendment subsec (a) Cross References  Section 6347 is referred to in section 6335 this title 23c6348s § 6348  Regulations. (Iv)  has laws or practices that would: (A)  enable the respondent without due cause to prevent the petitioner from contacting the child; (B)  restrict the petitioner from freely traveling to or exiting from the country because the petitioner's gender nationality marital status or religion; or (C)  Grandparents and great-grandparents.-- (1)  In ordering partial physical custody or supervised physical custody to a party who has standing under section 5325(1) or (2) (relating to standing for partial physical custody and supervised physical custody) the court shall consider the following: (i)  the amount personal contact between the child and the party prior to the filing the action; (V)  Protection from abuse orders filed by or against either parent provided that such orders are accessible to the county or private agency (vi)  Details any proceedings brought in family court provided that such records in such proceedings are accessible to the county or private agency "wrongful "  The taking a child that breaches rights custody or visitation given or recognized under the laws this Commonwealth "Wrongful retention."  The keeping or concealing a child that breaches rights custody or visitation given or recognized under the laws this Commonwealth 23c5203s § 5203  Cooperation and communication among courts. § 3504  Disposition property after termination § 3505  Disposition property to defeat obligations § 3506  Statement reasons for distribution (E)  Notice filing.-- (1)  Within 30 days filing a statement regarding medical and social history information the court agency or information registry shall give notice its receipt to the individual who filed the statement (2)  Within 120 days after a statement is filed the court agency or information registry shall give notice the filing to the individual who is at least 21 years age and to whom the information is intended to benefit if known or identified in its records (B)  Practice religious beliefs.--If upon investigation the county agency determines that a child has not been provided needed medical or surgical care because sincerely held religious beliefs the child's parents or relative within the third degree consanguinity and with whom the child resides which beliefs are consistent with those a bona fide religion the child shall not be deemed to be physically or mentally abused In such cases the following. (5)  A person who is a creditor in a proceeding under Chapter 77A (relating to support proceeding under convention) "Obligor."  An individual or the estate a decedent that: (1)  owes or is alleged to owe a duty support; (2)  is alleged but has not been adjudicated to be a parent. (2)  The name sex racial background age date and place birth and religious affiliation the child (3)  The date the placement the child with the adopting parent or parents (4)  The name racial background age marital status as the time birth the child and during one year prior thereto and religious affiliation the parents. (6) “Issue” means: (A) Complete the order form prescribed under subsection (q) this section and serve such form on the employer or other payer income or (B) in the case an income order served electronically in accordance with subsection (h) this section transmit electronic data sufficient to implement the to an employer that has agreed to receive electronic transmission income orders and notices; (7) “Obligor” means a person required to make payments under a support order; (8) “Support order” means a court order or order a family support magistrate including an agreement approved by a court or a family support magistrate that requires the payment to a dependent current support cash medical support a specific dollar amount child care costs or arrearage payments; At any stage 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 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 the court 23c4348s § 4348  Attachment income. (6)  The application contains a statement signed by the applicant acknowledging that the applicant has a continuing duty to notify the fice Victim Advocate any change in the information provided to the fice Victim Advocate in accordance with this chapter The duty shall remain in effect for the duration participation in the program (7)  The application contains the date the applicant's signature and the signature any person who assisted in the preparation the application (I)  the person or ficial willfully fails to report; (ii)  the child abuse constitutes a felony the first degree or higher; and (iii)  the person or ficial has direct knowledge the nature the abuse (3)  An fense not otherwise specified in paragraph (2) is a misdemeanor the second degree (1)  The address a victim abuse (2)  Confidential information from an abuse counselor or shelter (3)  Information protected under Chapter 67 (relating to domestic and sexual violence victim address confidentiality) (4)  A licensing board with jurisdiction over pressional licensees identified as mandated reporters under this chapter may exempt an applicant or licensee from the training or continuing education required by paragraph (3) if all the following apply: (i)  The applicant or licensee submits documentation acceptable to the licensing board that the person has already completed child abuse recognition training (ii)  The training was: (2)  Genetic test results indicating a 99% or greater probability that the alleged father is the father the child shall create a presumption paternity which may be rebutted only by clear and convincing evidence that the results the genetic tests are not reliable in that particular case (D)  Preservation records.--A court this Commonwealth shall preserve the pleadings orders decrees records hearings evaluations and other pertinent records with respect to a child custody proceeding until the child attains 18 years age Upon appropriate request by a court or law enforcement ficial another state the court shall forward a certified copy those records 23c5412v   § 5339  Award counsel fees costs and expenses Under this chapter a court may award reasonable interim or final counsel fees costs and expenses to a party if the court finds that the conduct another party was obdurate vexatious repetitive or in bad faith 23c5340s § 5340  Court-appointed child custody health care or behavioral health practitioners.   Subchapter B  Involuntary Termination   § 2511  Grounds for involuntary termination Subchapter C ENFORCEMENT   Sec 5441.  Definitions. (Ii)  Unreasonably restraining or confining a child based on consideration the method location or the duration the restraint or confinement (iii)  Forcefully shaking a child under one year age (iv)  Forcefully slapping or otherwise striking a child under one year age (v)  Interfering with the breathing. (2)  A police ficer shall rely upon any copy a foreign protection order which has been presented to the ficer by any source and may verify the existence a protection order consistent with the provisions section 6113(a) (relating to arrest for violation order) The fact that a foreign protection order has not been filed with a prothonotary or entered into the Pennsylvania State Police registry shall not be grounds for law enforcement to refuse to enforce. § 5324  Standing for any form physical custody or legal custody The following individuals may file an action under this chapter for any form physical custody or legal custody: (1)  A parent the child (2)  A person who stands in loco parentis to. (Iii)  If there is a determination that the subjects the unfounded report need services provided or arranged by the county agency the county agency may retain those records only if it specifically identifies the report as an unfounded report suspected child abuse 23c6370v ( P. eff July 1 1995)   "judgment by operation law."  A judgment which exists without the need for any ministerial act and which arises out the existence facts readily verifiable from the domestic relations section's records The existence a valid support order and nonpayment the order together create the judgment § 6710  Emergency disclosure (a)  General rule.--The fice Victim Advocate shall establish a system to respond to requests for emergency disclosures that will provide for 24-hour access to a program participant's actual address "supervised physical custody."  Custodial time during which an agency or an adult designated by the court or agreed upon by the parties monitors the interaction between the child and the individual with those rights (b)  Other law.--In a statutory provision other than in this chapter when the term "visitation" is used in reference to child custody the term may be construed to mean: (1)  partial physical custody; Confirmation a registered support order whether by operation law or after notice and hearing precludes further contest the order with respect to any matter that could have been asserted at the time registration 23c7608v ( P. eff imd.)   (B) The Connecticut Lottery Corporation may establish a reasonable fee for any administrative expenses associated with executions made pursuant to subsection (a) this section including the cost to the Connecticut Lottery Corporation any fee that may be imposed by the clerk the court The amount the fee shall reflect the direct and indirect costs processing the executions by said corporation (P.A 98-137 S 55 56 62; 98-219 S 33 34.) History: P.A 98-219 changed the effective date P.A 98-137 from October 1 1998 to July 1 1998 effective. (A)  The caption the case in which the protection from abuse order was issued (B)  The name address date birth and the Social Security number the defendant (C)  The name address and date birth the. (3)  If two or more tribunals have issued support orders for the same obligation and none the tribunals would have continuing exclusive jurisdiction under this part the tribunal may issue a support order which must be recognized (b)  Result.--The tribunal that has issued an order recognized under subsection (a) is the tribunal having continuing exclusive jurisdiction (2)  Prior to commencing employment or service an individual must swear or affirm in writing that the individual has not been disqualified from employment or service under section 6344(c) or has not been convicted an fense similar in nature to a crime listed in section 6344(c) under the laws or former laws the United States or one its territories or possessions another state the District Columbia the Commonwealth Puerto Rico or a foreign nation or under a former law this Commonwealth (B)  Execution on judgment.--Execution may be issued on the judgment against the real property held by the entireties and the property may be sold in the manner provided by law for the sale real property on execution issued on a judgment In any writs execution on the judgment the defendant shall not be entitled to the benefit 42 Pa.C.S Ch 81 Subch B (relating to exemptions from execution) or any other exemption statute (F)  County agency records.--County agency records protective services shall be used and maintained in a manner that is consistent with the use and maintenance information in the Statewide database as provided under this chapter If required under this chapter to amend or expunge information in the Statewide database the department shall notify the appropriate county agency the amendment or expungement within ten days The county agency shall amend or expunge its records in a commensurate manner within ten days receiving notification from the department (I)  if the law that country provides for prior notice proceedings the respondent did not have proper notice the proceedings and an opportunity to be heard; or (ii)  if the law that country does not provide for prior notice the proceedings the respondent did not have proper notice the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal (10)  The order was made in violation section 77A11 (relating to modification convention child support order) § 4378  Assistance recipients to seek support. Sec 52-385 Scire facias founded on justice judgment Section 52-385 is repealed (1949 Rev S 8129; 1959 P.A. (5)  Upon biennial renewal a license a licensing board shall provide to pressional licensees under its jurisdiction identified as mandated reporters information related to mandatory reporting child abuse and the reporting requirements licensees (6)  A pressional licensee identified as a mandated reporter may apply to the licensing board with jurisdiction over the licensee for an exemption from the training or continuing education required by paragraph (3) A licensing board may exempt the licensee if the licensee submits documentation acceptable to the licensing board that the licensee should not be subject to the training or continuing education requirement (4)  A final protection from abuse order has been granted under section 6108 (relating to relief) when the child who is a subject the report is one the individuals protected under the protection from abuse order and: (i)  only one individual is charged with the abuse in the protection from abuse action; (ii)  only that individual defends against the charge; § 7101  Short title part § 7101.1 Definitions § 7102  Remedies cumulative (Repealed)   Enactment  Part III was added Octo P. effective January 1 1981 Special Provisions in Appendix  See section 3 Act 163 1980 in the appendix to this title for special provisions relating to the applicability Part III to pending proceedings   (2)  The substance the report (3)  The existence in the Statewide database under section 6331 (relating to establishment Statewide database) a prior report or a current investigation or assessment concerning a subject the report (E)  Filing.--(Deleted by amendment) (f)  Retained jurisdiction.--Notwithstanding subsection (a) (b) (c) or (d) or section 7201(b) (relating to bases for jurisdiction over nonresident) a tribunal this State retains jurisdiction to modify an order issued by a tribunal this State if the following are met: (1)  One party resides in another state. § 6320  Protection from employment discrimination   Subchapter C  Powers and Duties Department   (16)  Notation previous incidents reported by the victim or witnesses (17)  If an ficer was injured in the incident the nature and circumstances the injury. § 6333  Continuous availability department The department shall be capable receiving oral reports child abuse reports children in need general protective services reports made by electronic technologies pursuant to this chapter and report summaries from county agencies The department shall be capable immediately identifying prior reports in the Statewide database and reports under investigation with a pending status and monitoring the provision child protective services 24 hours a day seven days. 2002 Amendment  Act 201 added the defs "child" and "newborn" in subsec (a) References in Text  The short title the act J P. known as the Public Welfare Code referred to in subsection (a) was amended by the act Decem P. The amended short title is now the Human Services Code. (Ii)  killing or threatening to kill pets; (III)  an escalation violence; (IV)  stalking or obsessive behavior; (V)  sexual violence; or (VI)  drug or excessive alcohol use. Cross References  Section 77A10 is referred to in section 77A05 this title 23c77A11s § 77A11  Modification convention child support order (a)  General rule.--A tribunal this State may not modify a convention child support order if the obligee remains a resident the foreign country where the support order was issued unless one the following occurs: § 3501  Definitions § 3502  Equitable division marital property § 3503  Effect divorce on property rights generally     APPENDIX TO TITLE 23 DOMESTIC RELATIONS     I understand that in addition to checking (2) or (3) above I must also file this notice with the court in writing and serve it on the other party by certified mail return receipt requested If I fail to do so within 30 days my receipt the proposed relocation notice I shall be foreclosed from objecting to the relocation § 3333  Res judicata and estoppel. (6)  Qualifications to install an incubator (7)  Procedures and forms for the free registration with the Department Health installers qualified to install incubators in accordance with this chapter (8)  Procedures for the free registration with the Department Health an incubator installed in accordance with this chapter (1)  A community college which is an institution now or hereafter created pursuant to Article XIX-A the act Ma (P. ) known as the Public School Code 1949 or the act Aug (P. ) known as the Community College. (A)  General rule.--A petition for court approval a designation under this chapter may be made at any time by filing with the court a copy the designation If the triggering event has not occurred on or before the time filing only the designator may file the petition If the triggering event has occurred on or before the time filing the standby guardian named in the designation may file the petition and the petition shall also contain one the following: (1)  A determination the designator's incapacity.   Subchapter A  General Provisions B  Jurisdiction C  Enforcement By this designation I am granting (insert name standby guardian) the authority to act for 60 days following the occurrence the triggering event as a coguardian with me or in the event my death as guardian my minor child(ren) Optional:  I hereby nominate (insert name address and telephone number alternate standby guardian) as the alternate standby guardian to assume the duties the standby guardian named above in the event the standby guardian is unable or refuses to act as a standby guardian (B)  Impermissible.--A tribunal this State may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if all the following apply: (1)  The petition or comparable pleading in the other state or a foreign country is filed before the expiration the time allowed in this State for filing a responsive pleading challenging the exercise jurisdiction by. (M) Nothing in this section shall in any way restrict the rights and remedies otherwise available to a judgment debtor or to any such secured party at law or in equity (1963 P.A 44; February 1965 P.A 63 S 1; P.A 78-121 S 78 113; P.A 81-352 S 1; P.A 83-384 S 1; P.A 84-546 S 117 173; P.A 87-9 S 2 3; 87-569 S 1; P.A 97-158; P.A 03-2 S 48; 03-62 S 22; 03-84 S 40; 03-224 S 12; P.A 04-257 S 80; P.A 07-111 S 3; June Sp Sess P.A 09-3 S 138; P.A 12-89 S 6 13; P.A 14-217 S 260; P.A 16-26. (Iv)  to obtain possession weapons or other dangerous objects or controlled substances or paraphernalia that are on the child or within the control the child (d)  Rights parents.--Nothing in this chapter shall be construed to restrict the generally recognized existing rights parents to use reasonable force on or against their children for the purposes supervision control and discipline their children Such reasonable force shall not constitute. 1992 Amendment  Act 34 amended subsec (b) Cross References  Section 2531 is referred to in sections 2302 2502 2505 2512 2532 2535 2701 this title 23c2532s § 2532  Filing report. 2006 Amendments  Section 3 Act 126 provided that the Department Public Welfare may promulgate rules and regulations to administer and enforce the amendment section 6368 effected by Act 126 1994 Amendment  See section 9 Act 151 in the appendix to this title for special provisions relating to Department Public Welfare study Cross References  Section 6368 is referred to in sections 6338 6362. (Oct 6 1994 P. eff 60 days; J P. eff 60 days; P. eff 180 days)   2005 Amendment  Act 66 amended subsecs (b) (c) (d) (g) and (g.1) and added subsecs (a.2) and (d.1) § 4394  Guidelines The Department Labor and Industry shall develop guidelines for employers to use to determine if an individual qualifies as an employee under this subchapter 23c4395s § 4395  Confidentiality. (G)  Hearing.-- (1)  Except as set forth in paragraph (3) the court shall hold an expedited full hearing on the proposed relocation after a timely objection has been filed and before the relocation occurs (2)  Except as set forth in paragraph (3) the court may on its own motion hold an expedited full hearing on the proposed relocation before the relocation occurs (2)  a request to do so from a court in a pending child custody proceeding; (3)  a reasonable belief that a criminal statute has been violated; or (4)  a reasonable belief that the child has been wrongfully removed or retained in violation the Hague Convention on the Civil Aspects International Child Abduction (2)  direct the use law enforcement to take any action reasonably necessary to locate the child obtain return the child or enforce a custody determination under this chapter or the laws this Commonwealth other than this chapter; or (3)  grant any other relief allowed under the laws this Commonwealth other than this chapter (f)  Cumulative remedies.--The remedies provided in this chapter are cumulative and do not affect the availability other remedies to prevent abduction History: P.A 79-602 rephrased section and deleted provision whereby jurisdiction court is determined by the amount the judgment debt as stated in certificate lien; P.A 83-581 replaced “real estate” with “real or personal property” replaced the provision that a person may “bring a complaint” with “apply to the court for discharge the lien as to a portion the property” required “notice to all interested parties” prior to discharge and added provision that the judgment creditor shall release any property discharged by sending a release sufficient under section 52-380d by first class mail postage prepaid to the judgment debtor; Sec 49-50 transferred to Sec 52-380f. § 4601  Scope chapter This chapter relates to support indigent persons 23c4602s § 4602  Definitions. (1949 Rev S 8141; 1959 P.A 28 S 188; February 1965 P.A 301; P.A 74-183 S 104 291; P.A 75-217; P.A 76-436 S 493 681; P.A 78-280 S 1 2 127; P.A 93-207. (B)  Powers and duties.--The guardian ad litem shall be charged with representation the legal interests and the best interests the child during the proceedings and shall do all the following: (1)  If appropriate to the child's age and maturity meet with the child as soon as possible following the appointment and on a regular basis thereafter (1)  one party physically vacating the residence; or (2)  an order awarding one party exclusive possession the residence 23c5323v   Cross References  Section 5323 is referred to in sections 5329 5336 this title; section 4109 Title 51 (Military Affairs) (1)  If the parents a child born out wedlock have married each other (2)  If during the lifetime the child it is determined by clear and convincing evidence that the father openly holds out the child to be his and either receives the child into his home or provides support for the child (3)  If there is clear and convincing evidence that the man was the father the child which may include a prior court determination paternity § 6108.3  Relinquishment to third party for safekeeping (a)  General rule.--A defendant who is the subject of a protection from abuse order which order provides for the relinquishment of firearms other weapons or ammunition during the period of time the order is in effect may within the time frame specified in the order and in lieu of relinquishment to the sheriff relinquish any firearms other weapons or ammunition to a third party for safekeeping (b)  Transfer to. § 5338  Modification existing order (a)  Best interest the child.--Upon petition a court may modify a custody order to serve the best interest. The intermediary may honor the preference the natural parents as to the religious faith in which the adoptive parents intend to rear the adopted child No person shall be denied the benefits this part because a religious belief in the use spiritual means or prayer for healing 23c2725v ( P. eff. (A)  General rule.--Before a child custody determination is made under this chapter notice and an opportunity to be heard in accordance with the standards section 5408 (relating to notice to persons outside Commonwealth) must be given to all persons entitled to notice under the laws this Commonwealth as in child custody proceedings between residents this Commonwealth any parent whose parental rights have not been previously terminated and any person having physical custody the child (b)  Lack notice or opportunity to be heard.--This chapter does not govern the enforceability a child custody determination made without notice or any opportunity to. § 2722  Place hearing § 2723  Attendance at hearing § 2724  Testimony and investigation (E)  Appearing as a witness and providing testimony at judicial and other hearings as requested by the domestic relations section (F)  Paying to the department any support payment received directly from an absent parent after an assignment support has been made (ii)  Failure the mother to identify by name the father a child shall create a presumption noncooperation which may be rebutted only by clear and convincing evidence (July 2 2014 P. eff 60 days; P. eff imd.)   Cross References  Section 6509 is referred to in section 6508 this title 23c6701h   1998 Amendment  Act 127 added the defs "overdue support" and "past due support." Act 127 1998 was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support (2)  the department shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under section 77A04 (relating to initiation by department support proceeding under convention) 23c77A08v Cross References  Section 77A08 is referred to in sections 77A04 77A05 77A07 77A11. Sec 52-350d Jurisdiction Superior Court (a) For the purposes postjudgment procedures the Superior Court shall have jurisdiction over all parties record in an action until satisfaction the judgment or if sooner until the statute limiting execution has run except the Superior Court shall have jurisdiction at any time to determine exemption rights and grant appropriate relief (b) This section shall not be construed to allow opening a judgment other than within four months succeeding the date on which it was rendered as provided by section 52-212a or as otherwise provided by law (P.A 83-581 S 3 40; P.A 84-527 S 2.) History: P.A 84-527 amended Subsec (a) to add provision that the superior court shall have jurisdiction at any time to determine exemption rights and grant appropriate relief. The authorized representative shall review the court and agency record for identifying information regarding the birth or adoptive family and shall determine whether an authorization form has been filed with the court or agency (3)  Notify any other court or agency listed in its records the existence the request for identifying information (4)  Ask any other court or agency listed in its records to advise if an authorization form has. (C)  Unfounded reports accepted for services.--Information on an unfounded report shall be retained in the Statewide database if the county agency has accepted the family for services and the report suspected child abuse is clearly identified as an unfounded report The county agency shall notify the department immediately upon closure the case and the report shall be expunged as soon as possible but no later than 120 days after the one-year period following the date the family case was closed If the subject child the unfounded report becomes 23 years age prior to the closure the family case the unfounded report shall be expunged when the subject child reaches 23. (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) ( P. eff Jan 1 2014)   5340  Court-appointed child custody health care or behavioral health practitioners   Enactment  Chapter 53 was added Novem P. effective in 60 days Prior Provisions  Former Chapter 53 which related to custody was added Octo P. and repealed Novem P. effective in. (Iv)  Existing family relationships attitudes and expectations regarding the applicant's own children and parent/child relationships especially as they might affect a foster child (v)  Ability the applicant to accept a foster child's relationship with his own parents (vi)  The applicant's ability to care for children with special needs. Cross References  Section 6349 is referred to in section 6335 this title 23c6351h     SUBCHAPTER C.1 § 101  Short title title This title shall be known and may be cited as the Domestic Relations Code 23c102s § 102  Definitions. (B) With respect to a judgment debtor who is not a natural person if such personal property including any debt owed is in the possession a third person the levying ficer shall serve that person with a copy the execution and that person shall forthwith deliver the property or pay the amount the debt due or payable to the levying ficer provided if the debt is not yet payable payment shall be made when the debt matures if within four months after issuance the execution; (D)  Preliminary arraignment.--The defendant shall be afforded a preliminary arraignment without unnecessary delay (e)  Other emergency powers unaffected.--This section shall not be construed to in any way limit any the other powers for emergency relief provided in this chapter   § 4391  Definitions § 4392  Employer reporting (A)  Filing places.--A statement regarding medical and social history information may be filed with the following: (1)  The court that terminated parental rights (2)  The court that finalized the adoption (3)  The agency that coordinated the adoption. (D)  Surcharge on order.--When a protection order is granted under section 6107(a) (relating to hearings) other than pursuant to an agreement the parties a surcharge $100 shall be assessed against the defendant All moneys received from surcharges shall be distributed in the following order priority: (1)  $25 shall be forwarded to the Commonwealth and shall be appropriated to the Pennsylvania State Police to establish and maintain the Statewide registry protection orders provided for in section 6105 (Ii)  The individual has a sustained substantial and sincere interest in the welfare the child In determining whether the individual meets the requirements this subparagraph the court may consider among other factors the nature quality extent and length the involvement by the individual in the child's life (iii)  Neither parent has any form care and control the child (5)  Paragraph (4) shall not. § 77A10  Foreign support agreement § 77A11  Modification convention child support order § 77A12  Personal information (I)  a review the extent to which the State and local child protective services system is coordinated with the foster care and adoption programs established under Part E Title IV the Social Security Act (49 Stat 620 42 U.S.C § 670 et seq.); and (ii)  a review child fatalities and near fatalities including but not limited to a review any child fatality or near fatality involving a child in the custody a public or private agency where there is no report suspected child abuse and the cause death is neither the result child abuse nor natural causes § 2502  Relinquishment to adult intending to adopt child (a)  Petition.--When any child under the age 18 years has been for a minimum period three days in the exclusive care an adult or adults who have filed a report intention to adopt required by section 2531 (relating to report intention to adopt) the parent or parents the child may petition the court for permission to relinquish forever all parental rights to. (7)  A description any injuries described by the victim but not observed by the ficer and an indication that the injury was not observed (8)  Documentation any evidence that would tend to establish that a crime was committed (9)  An indication whether an arrest was made and the reason for electing not to arrest whether there was a warrantless arrest an arrest with a warrant or no arrest (I)  the birth sibling remained in the custody of the birth parent and the birth parent consents is deceased or adjudicated incapacitated; (ii)  both the birth sibling and the adoptee were adopted out of the same birth family; or (iii)  the birth sibling was not adopted out of the birth family and did not remain in the custody of the birth parent Cross References  Chapter 54 is referred to in sections 5205 5338 5612 this title     SUBCHAPTER A GENERAL PROVISIONS Special Provisions in Appendix  See the preamble to in the appendix to this title for special provisions relating to legislative findings and declarations Cross References  Chapter 61 is referred to in sections 3302 6105 this title; sections 2711 2718 6105 Title 18 (Crimes and fenses); sections 1126 1725.1 5750 5924 62A18 6302 67A01 9711 Title 42 (Judiciary and Judicial Procedure); section 1417 Title 66 (Public Utilities) Enactment  Subchapter D was added Octo P. effective in 180 days 23c2731s § 2731  Purpose subchapter The purpose this subchapter is to provide an option for adoptive parents and birth relatives to enter into a voluntary agreement for ongoing communication or contact that: (A)  Establishment.--The department shall establish a minimum three citizen review panels The department may designate a child fatality or near fatality review team under section 6365(d) (relating to services for prevention investigation and treatment child abuse) as a citizen review panel as long as the team has the capacity to perform as a citizen review panel (b)  Function.--The panels shall examine all the following: (C)  restrict the child's ability legally to leave the country after the child reaches the age majority because a child's gender nationality or religion; (v)  is included by the United States Department State on a current list state sponsors terrorism; (vi)  does not have an ficial United States diplomatic presence in the country; or (1)  No person for whom a guardian has been appointed under this section shall be discharged from the guardianship until the person has petitioned the court for termination The court may terminate the guardianship if it is satisfied that: (i)  the person has become able and willing to resume control the person's own person and estate; and The court may on its own motion order the attachment the obligor's income where the court has a reasonable basis to believe the obligor will not comply with the order support In making this determination the court may consider evidence the person's previous violations orders entered in any jurisdiction or evidence that the obligor has attempted to conceal income or to transfer convey or encumber property in order to reduce the obligor's support obligation Attachment shall occur under this subsection without amendment to the order support and if arrearages occur without the need for a judicial or administrative hearing (1)  Thirty days after the issuance the notice if the obligor has not paid the arrearage entered into a court-approved periodic payment schedule or if applicable the obligor or other individual has not been excused from complying with the warrant or subpoena the court the domestic relations section or department shall direct or cause an order to be issued to the licensing authority to suspend or deny the issuance or renewal a license Upon receipt the licensing authority shall immediately comply with the order or directive The licensing authority shall have no authority to stay implementation the order or to hold a hearing except in cases mistaken identity "general protective services."  Those services and activities provided by each county agency for cases requiring protective services as defined by the department in regulations "Health care facility."  As defined in section 802.1 the act J (P. ) known as the Health Care Facilities Act § 8401  Registration order A support order issued by a tribunal may be registered in any tribunal competent jurisdiction 23c8402s § 8402  Procedure to register order. References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services by Act 132 2014     1998 NOVEMBER 24 P.   § 4304  Cooperation Commonwealth agencies (Repealed) 23c4304v   1996 Repeal  Section 4304 was repealed Octo P. effective in. (5.1)  A former mayor a city or borough this Commonwealth who: (i)  has not been defeated for reelection; (ii)  has not been convicted pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to a misdemeanor or felony fense under the laws this Commonwealth or an equivalent fense under the laws the United States or any one its possessions another state the District Columbia the Commonwealth Puerto Rico or a foreign nation;   CHAPTER 45 RECIPROCAL ENFORCEMENT SUPPORT ORDERS (Repealed) ( P. eff 180 days)   2005 Amendment.  Act 66 added section 6119 23c6120s § 6120  Inability. Sec 52-351 New judgment to include unsatisfied costs execution Any court issuing an execution on which the costs thereon are not wholly satisfied upon written motion the plaintiff and such notice to the judgment debtor as the court rendering the original judgment deems reasonable may render a new judgment which may include the prior judgment and costs and all unsatisfied costs the first execution and the original judgment shall thereupon be vacated (1949 Rev S 8096; 1959 P.A 28 S 186.) History: 1959 act deleted references to executions issued and judgments rendered by justices. (Ii)  prohibitions against the release information on the whereabouts one party or the child to another party against whom a protective order with respect to the former party or the child has been entered; and (iii)  prohibitions against the release information on the whereabouts one party or the child to another person if the domestic relations section has reason to believe that the release the information may result in physical or emotional harm to the party or. (1)  to permit the custodial parent or the provider with the custodial parent's approval to submit claims for covered services without the approval the noncustodial parent and to make payment on such claims directly to such custodial parent the provider or in the case Medical Assistance patients to the department; (2)  to provide such information to the custodial parent as may be necessary to obtain benefits including copies benefit booklets insurance contracts and claims information; § 2504  Alternative procedure for relinquishment § 2504.1 Confidentiality § 2505  Counseling (B) From the time the recording the judgment lien certificate the money judgment shall be a lien on the judgment debtor's interest in the real property described If within four months judgment the lien is placed on real property which was previously attached in the action the lien on that property shall hold from the date attachment provided the judgment lien certificate contains a clause referring to and identifying the attachment substantially in the following form: “This lien is filed within four months after judgment in the action was rendered and relates back to an attachment real property recorded on (month) (day) (year) at Volume ___ Page ___ the ___ land records.” § 4373  Administration Title IV-D program (a)  Parent locator service.--The department shall maintain a parent locator service for the purpose establishing parentage for establishing setting the amount modifying or enforcing child support establishing or enforcing visitation or custody orders and locating legally responsible relatives The locator services shall utilize all sources information and legally available records In addition the department shall utilize the parent locator service the Federal Government pursuant to Federal law and shall only make disclosures information to individuals as provided by Federal law (D)  Selection experts.--The tests shall be made by experts qualified as examiners blood types who shall be appointed by the court The experts shall be called by the court as witnesses to testify to their findings and shall be subject to cross-examination by the parties Any party or person at whose suggestion the tests have been ordered may demand that other experts qualified as examiners blood types perform independent tests under order court the results which may be fered in evidence The number and qualifications experts shall be determined by. (I)  Two items identification the birth parent (ii)  Information the Department Health needs to be able to identify the adoption file the adoptee to whom the form pertains (iii)  A notarized attestation that the birth parent is the birth parent the adoptee to whom the form pertains   Subchapter B  Proceedings Involving Two or More States or a Foreign Country   § 7203  Initiating and responding tribunal. (5)  Identification proceedings in which any decree termination parental rights or parental rights and duties with respect to the child was entered (6)  The residence the parents or parent the child if there has been no such decree termination (7)  A statement that all consents required by section 2711 (relating to consents necessary to adoption) are attached as exhibits or the basis upon which the consents are not required § 3503  Effect divorce on property rights generally Whenever a decree or judgment is granted which nullifies or absolutely terminates the bonds matrimony all property rights which are dependent upon the marital relation except those which are vested rights are terminated unless the court expressly provides otherwise in its decree All duties rights and claims accruing to either the parties at any time theretore in pursuance the shall cease and the parties shall severally be at liberty to marry again as if they had never been married (A)  Duties.--In a support proceeding under this chapter the department shall do all the following: (1)  Transmit and receive applications (2)  Initiate or facilitate the institution a proceeding regarding an application in a tribunal. (Viii)  The type care the resource family will provide (ix)  The number children that may be placed in the resource family home (x)  The age race gender and level special needs children that may be placed in the resource family home (xi)  The ability the resource family to provide care for sibling groups. (2)  A list the value the property owned or possessed by either or both them as : (i)  the date acquisition; (ii)  the date separation; and (iii)  thirty days prior to the date hearing on equitable distribution. (B) The interrogatory form shall specify the names and last-known addresses the judgment creditor and the judgment debtor the court in which and the date on which the judgment was rendered and the original amount the judgment and the amount due thereon The interrogatory form shall contain a notice rights with respect to postjudgment interrogatories as prescribed by section 52-361b.   2004 NOVEMBER 29 P.   §  5  Applicability This act shall apply as follows:   1998 Amendment  Act 127 amended subsec (a) 1997 Amendment  Act 58 amended subsecs (a) (c) and (d) and added subsecs (g) (h) and (i)   § 8411  Notice registration order § 8412  Procedure to contest validity registered order § 8103  Remedies cumulative Remedies provided by this part are cumulative and do not affect the availability remedies under other law The procedures established by Pa.R.C.P No 1910.1 et seq (relating to action for support) shall be used in preference to the procedures this part unless any the following applies: (1)  The tribunal or domestic relations section determines that use this part is necessary for the effective establishment or enforcement support because any the following apply: 1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support 23c4342s § 4342  Expedited procedure. § 1302  Application for license § 1303  Waiting period after application § 1304  Restrictions on issuance license (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. 2552.  pennsylvania Adoption Cooperative Exchange 2553.  Registration children 2554.  Responsibilities PACE 2555.  Responsibilities public and private agencies. (2)  is made to a law enforcement agency for law enforcement purposes and the circumstances warrant immediate disclosure (c)  Requirements for emergency disclosure.--Prior to disclosing a program participant's actual address pursuant to this section the fice Victim Advocate shall require: (1)  verification the requester's identity and the requester's employment with a government agency; (I)  first pay to the family the current support collected that does not exceed the court-ordered amount to be paid in the month; and (ii)  second treat amounts collected in excess the current support collected as arrearages and distribute as follows: (A)  In the case arrearages that accrued after the family ceased to receive cash assistance from the Commonwealth and which are collected after October. "spousal support order."  A support order for a spouse or former spouse the obligor "State."  A state the United States the District Columbia Puerto Rico the United States Virgin Islands or any territory or insular possession under the jurisdiction the United States The term includes an Indian nation tribe "Support enforcement agency."  A public ficial governmental entity or private agency authorized to: (2)  Procedures to provide emergency care for an infant placed in an incubator (3)  Manufacturing and manufacturer standards for an incubator (4)  Design and function requirements for an incubator which shall include all the following: (F) On motion either party and after notice and hearing or pursuant to a stipulation the court may make such modification an installment payment order as is reasonable (P.A 83-581 S 12 40; P.A 03-266 S 10.) History: P.A 03-266 amended Subsec (b) by adding provisions re judgment arising out hospital services Use term “order” discussed 246 C 183 Subsec (a): Cited 33 CA 395 Court may consider other factors beyond debtor's weekly salary when entering an installment payment order 47 CS 291 Subsec (e): Subsec does not provide for automatic accrual postjudgment interest on all judgments in which an installment payment order has been entered by the court. (A)  General rule.--Each the applicants for a license shall appear in person and shall be examined under oath or affirmation as to: (1)  The legality the contemplated (2)  Any prior or s and its or their dissolution (3)  The restrictions set forth in section 1304 (relating to restrictions on issuance license) (B)  Required information.--Child abuse record information required under subsection (a) shall include certification by the department as to whether the applicant is named in the Statewide database as the perpetrator a founded report or an indicated report (c)  Effect on certification or licensure.--The department shall refuse to issue or renew a certificate compliance or license or shall revoke a certificate compliance or license if the day-care home provider or individual 18 years age or older who has resided in the home for at least 30 days in a calendar year: (V)  The name date birth Social Security number and relationship all household members (vi)  The name address and telephone number all current and previous foster family care agency or adoption agency affiliations (vii)  The foster family care agency or adoption agency disposition related to the approval or disapproval the applicants and the date and basis for the disposition (B)  Receipt 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 the county where the suspected child abuse is alleged to have occurred The notice shall contain the following information: (1)  That a report suspected child abuse by a perpetrator has been received (2)  The substance the report. 3321.  hearing by master 3322.  Jury trial 3323.  Decree court 23c3321s § 3321  Hearing by master. (3)  Filing 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 an order issued in another judicial district within this Commonwealth is not required for enforcement purposes (Iii)  did not have an adequate knowledge the property or financial obligations the other party (b)  Definition.--As used in this section the term "premarital agreement" means an agreement between prospective spouses made in contemplation and to be effective upon 23c3106v ( P. eff. (B)  Age for suing and being sued.--Except where otherwise provided or prescribed by law an individual 18 years age and older shall be deemed an adult and may sue and be sued as such 23c5102s § 5102  Children declared to be legitimate. (Ii)  sufficient economic protections have been provided for the other party and any minor children the during the pendency the disposition the matters provided for in subsection (b) (d)  Substitution for deceased party.--If one the parties dies after the decree divorce has been entered but prior to the final determination in such proceeding the property rights and interests the parties under this part the personal representative the deceased party shall be substituted as a party as provided by law and the action shall proceed (D)  When inquiry not mandatory.--An authorized representative 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 the adoptee (e)  Authorization form.--An authorization form allowing the release identifying information may be withdrawn at any time by the individual who signed the authorization form (10)  The district attorney's fice or other law enforcement ficial as set forth in county protocols for multidisciplinary investigative teams required in section 6365(c) (relating to services for prevention investigation and treatment child abuse) shall receive immediately after the county agency has ensured the safety the child reports abuse according to regulations from the department or county agency in which the initial report suspected child abuse or initial inquiry into the report gives evidence that the. (H) If no written claim for determination interests in property is made pursuant to subsection (e) this section the financial institution shall upon demand forthwith pay the serving ficer the amount removed from the judgment debtor's account and the serving ficer shall thereupon pay such sum less such serving ficer's fees to the judgment creditor except to the extent otherwise ordered by. (2)  that is sponsored by a corporation entity or institution that is incorporated or authorized by other means in a state other than this Commonwealth and is approved and authorized to operate in this Commonwealth under 15 Pa.C.S Pt II Subpt B (relating to business corporations) or C (relating to nonprit corporations) and 24 Pa.C.S Ch 65 (relating to private colleges universities and seminaries) (A)  Payments.--A support enforcement agency or tribunal this State shall disburse promptly any amounts received pursuant to a support order as directed by the order The agency or tribunal shall furnish to a requesting party or tribunal outside this State or a foreign country a certified statement by the custodian the record the amounts and dates all payments received (b)  Residency.--If the obligor the obligee who is an individual and the child do not reside in this State upon request from the support enforcement agency this State or another state the support enforcement agency this State or a tribunal this State shall do all the following: (H)  Notice to mandated reporter.--If a report was made by a mandated reporter under section 6313 (relating to reporting procedure) the department shall notify the mandated reporter who made the report suspected child abuse all the following within three business days the department's receipt the results the investigation: (1)  Whether the child abuse report is founded indicated or unfounded (2)  Any services provided arranged for or to be provided by the county agency to protect. (4)  Information independently protected from disclosure by the child's right to confidentiality under the act July 9 1976 (P. ) known as the Mental Health Procedures Act or any other statute (c)  Other information.--The court may determine not to release information set forth in subsection (a) in which case it shall state the reason for its denial on the record 23c5336v   § 5409  Appearance and limited immunity (a)  General rule.--A party to a child custody proceeding including a modification proceeding or a petitioner or respondent in a proceeding to enforce or register a child custody determination is not subject to personal jurisdiction in this Commonwealth for another proceeding or purpose solely by reason having participated or having been physically present for the purpose participating in the proceeding 2936  Refusal to search 2937  Original birth record 2938  Rules and regulations   Enactment  Subchapter D was added Octo P. effective in. § 3705  Enforcement foreign decrees § 3706  Bar to alimony § 3707  Effect death either party § 2734  Consent a child § 2735  Filing and approval an agreement § 2736  Failure to comply   Chapter 29  Decrees and Records   Subchapter A  General Provisions   (A)  General rule.--The following are authorized to solemnize s between persons that produce a license issued under this part: (1)  A justice judge or magisterial district judge this Commonwealth (2)  A former or retired justice judge or magisterial district judge 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)  prohibit the issuance or renewal a license the obligor or other individual; or (ii)  require the suspension the license the obligor or other individual (2)  Prior to the issuance an order to suspend nonrenew or deny a license the obligor or other individual shall be given advance notice The notice shall specify: (B)  Temporary orders.-- (1)  If a plaintiff petitions for temporary order for protection from abuse and alleges immediate and present danger abuse to the plaintiff or minor children the court shall conduct an ex parte proceeding (2)  The court may enter such a temporary order as it deems necessary to protect the plaintiff or minor children when it finds they are in immediate and present danger abuse The order shall remain in effect until modified or terminated by the court after notice and hearing The report required by section 2531 (relating to report intention to adopt) shall be filed within 30 days after the date receipt the custody or physical care the child 23c2533s § 2533  Report intermediary. (2)  (i)  Effective Aug a person identified in section 6344.2 (relating to volunteers having contact with children) shall be required to obtain the certifications required by this chapter every 60 months from the date the person's most recent certification or if the current certification is older than 60 months within one year the effective date this section (ii)  A person identified under section 6344.2 without a certification or who was previously not required to have a certification shall be required to obtain the certifications required by this chapter no later. Cross References.  Section 8301 is referred to in section 8304 this title 23c8302s § 8302  Action by minor parent A minor parent or a guardian or other legal representative a minor parent may maintain a proceeding on behalf or for the benefit the minor's child Child's Name (5)  The child has been removed from the care the parent by the court or under a voluntary agreement with an agency for a period at least six months the conditions which led to the or placement the child continue to exist the parent cannot or will not remedy those conditions within a reasonable period time the services or assistance reasonably available to the parent are not likely to remedy the conditions which led to the or placement the child within a reasonable period time and termination the parental rights would best serve the needs and welfare. § 2904  Name adoptee § 2905  Impounding proceedings and access to records (Repealed) § 2906  Docket entries (B.1)  Required documentation to be maintained and produced.--The employer administrator supervisor or other person responsible for employment decisions or acceptance the individual to serve in any capacity identified in subsection (a)(1) (2) (3) (4) (5) or (6) (a.1) or (a.2) shall maintain a copy the required information and require the individual to submit the required documents prior to employment or acceptance to serve in any such capacity or as required in section 6344.4 except as allowed under subsection (m) (15)  Appropriate ficials another county or state regarding an investigation related to child abuse or protective services when a family has moved to that county or state Reports under this paragraph shall include general protective service reports and related information Reports and information under this paragraph shall be provided within seven calendar days The department shall promulgate regulations as necessary to carry out the purposes this paragraph (5) “Earnings” means any debt accruing by reason personal services including any compensation payable by an employer to an employee for such personal services whether denominated as wages salary commission bonus or otherwise (6) “Employer” means any person owing a debt accruing to the judgment debtor by reason personal services (7) “Family support judgment” means a judgment order or decree the Superior Court or a family support magistrate for payment a legal obligation for support or alimony to a spouse former spouse or child and includes any such order for periodic payments whether issued pendente lite or otherwise (8) “Financial institution” means a financial institution as defined in section 36a-41 (9) “Installment payment order” means the fixing by the court a sum to be paid periodically by the judgment debtor until satisfaction a money judgment. (F)  Data collection.--The department shall provide for the frequency and format which may include automated data exchanges for the collection 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: Date   This chapter shall not be construed to affect Part IV (relating to divorce) 23c4301h     CHAPTER 43 Sec 52-361a Execution on wages after judgment (a) Application If a judgment debtor fails to comply with an installment payment order the judgment creditor may apply to the court for a wage execution The application shall contain the judgment creditor's or the judgment creditor's attorney's statement setting forth the particulars the installment payment order and the judgment debtor's failure to comply The application shall be accompanied by a fee one hundred five dollars payable to the clerk the court for the administrative costs complying with the provisions this section which fee may be recoverable by the judgment creditor as a taxable cost the action. 1980 OCTOBER 15 P.   § 3  Applicability. Subchapter B SUPPORT   Sec 4321.  Liability for support. (2)  A political subdivision to which the rights under a duty support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee (3)  An individual seeking a judgment determining parentage the individual's child (4)  The Department Public Welfare. (2)  Upon revocation a safekeeping permit the sheriff shall seize the safekeeping permit and all the defendant's firearms other weapons and ammunition which were relinquished to the third party If revocation the safekeeping permit was: (i)  Required pursuant to paragraph (1)(i) or (ii) the sheriff shall notify the defendant that the firearms other weapons and ammunition which were relinquished to the third party are in the sheriff's possession and that the defendant may report to the sheriff's fice in order to relinquish the firearms other weapons and ammunition to a subsequent third party pursuant to this section or to a licensed dealer pursuant to section 6108.2 (Iii)  The court may direct a verdict acquittal upon the conclusions all the experts under subsection (f) Otherwise the case shall be submitted for determination upon all the evidence (iv)  The refusal a defendant to submit to the tests may not be used in evidence against the defendant (2)  The computation and payment arrearages and accrual interest on the arrearages under the support order (3)  The existence and satisfaction other obligations under the support order (b)  Proceeding for arrearages.--In a proceeding for arrearages under a registered support order the statute limitation under the laws this State or the issuing state or foreign country whichever is longer applies (C)  Identity applicants.--Prior to issuance the license the person issuing the license must be satisfied as to the identity both the applicants 23c1302s § 1302  Application for license (a)  General rule.--No license shall be issued except upon written and verified application made by both the parties intending. (5)  require security to insure future payments in compliance with the court's order; (6)  issue attachment proceedings directed to the sheriff or other proper ficer the county directing that the person named as having failed to comply with the court order be brought before the court at such time as the court may direct If the court finds after hearing that the person willfully failed to comply with the court order it may deem the person in civil contempt court and in its discretion make an appropriate order including but not limited to commitment the person to the county jail for a period not to exceed six months; Cross References  Section 5429 is referred to in sections 5206 5426 5445 this title 23c5430s § 5430  Appearance parties. (Ii)  The department may by reasonable regulations adjust the liability under subparagraph (i) including complete elimination the liability at a cost to the Commonwealth not exceeding those funds certified by the Secretary the Budget as available for this purpose (c)  Procedure.--A court has jurisdiction in a case under this section upon petition : (1)  an indigent person; or (G)  Fees and costs.--If the court finds after a hearing that a petitioner sought an ex parte warrant under subsection (a) for the purpose harassment or in bad faith the court may award the respondent reasonable attorney fees costs and expenses (h)  Other relief.--This chapter does not affect the availability relief allowed under the laws this Commonwealth other than this chapter 23c5209v   2501  Relinquishment to agency 2502  Relinquishment to adult intending to adopt child 2503  Hearing 2504  Alternative procedure for relinquishment 2504.1 Confidentiality. "confidential communications."  All information whether written or spoken transmitted between a victim and a domestic violence counselor or advocate in the course the relationship The term includes information received or given by the domestic violence counselor or advocate in the course the relationship as well as advice reports statistical data memoranda or working papers records or the like given or made in the course the relationship The term also includes communications made by or to a linguistic interpreter assisting the victim counselor or advocate in the course the relationship ( P. eff imd.)   Cross References.  Section 4322 is referred to in section 4305 this title 23c4323s § 4323  Support emancipated child. "substitute address."  The ficial address the fice Victim Advocate or a confidential address designated by the fice Victim Advocate "Victim domestic violence."  A person who is a victim as defined by section 6102 (relating to definitions) "law."  The term includes decisional and statutory law and rules and regulations having the force law "Obligee."  Any the following: (1)  An individual to whom a duty support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered 2001 Amendment  Act 112 amended subsec (h.1) and added subsec (d.1) 1997 Amendment  Act 58 amended subsecs (a) (e) (f) intro par (g)(1) (4) and (4.2) (h.1)(2) and (l) was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support (O)  Use information.--A foster family care agency may not approve a prospective foster parent if the prospective foster parent or an individual 18 years age or older who resides for at least 30 days in a calendar year with the prospective foster parent meets either the following: (1)  Is named in the Statewide database as the perpetrator a founded report committed within the five-year period immediately preceding verification pursuant to this section (2)  Has been found guilty an fense listed in subsection (c). (2)  if the insured parent is enrolled but fails to make application to obtain coverage for such child to enroll the child under the family coverage upon application by the child's other parent the domestic relations section or the department; (3)  not to disenroll or eliminate coverage any such child unless the employer is provided satisfactory written evidence that the court or administrative order is no longer in effect the child is or will be enrolled in comparable health coverage which will take effect not later than the effective date such disenrollment or the employer has eliminated family health coverage for all its employees; (B)  Applicability.--Except as provided in 51 Pa.C.S § 4109 (relating to child custody proceedings during military deployment) this section shall apply to any custody order entered by a court this Commonwealth or any other state subject to the jurisdictional requirements set forth in Chapter 54 (relating to uniform child custody jurisdiction and enforcement) 23c5338v ( P. eff. An employer that willfully fails to comply with an income- order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal this State ( P. eff Jan 1 1998; P. eff imd.)   Prior Provisions  Former Chapter 83 which related to legitimacy children was added Octo P. and repealed Decem P. effective in 90 days 23c8301s § 8301  Proceedings under this part (a)  Scope.--This part provides for the following proceedings: In order to facilitate frequent and unimpeded contact between children and parents a judge may consolidate with a support action or proceeding any proceeding commenced for visitation rights sole or shared custody temporary or permanent custody or any other matters pertaining to support authorized by law which fairly and expeditiously may be determined and disposed in the support action or proceeding 23c4350s § 4350  Effect appeal.   Subchapter E  Pennsylvania Adoption Cooperative Exchange   § 2551  Definitions Cross References  Section 6311 is referred to in sections 6313 6318 6320 6340 6340.1 this title § 6311.1  Privileged communications (a)  General rule.--Subject to subsection (b) the privileged communications between a mandated reporter and a patient or client the mandated reporter.   References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services by Act 132 2014 Cross References  Section 6114 is referred to in sections 5329 6108 this title; sections 4136 4137 Title 42 (Judiciary and Judicial Procedure) (6)  The ability the student to contribute to the student's expenses through gainful employment The student's history 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 the following circumstances exist: § 7903  Severability If any provision this part or its application to any person or circumstance is held invalid the invalidity does not affect other provisions or application this part which can be given effect without the invalid provision or application and to this end the provisions this part are severable 23c7903v ( P. . (B) The claim which shall constitute the appearance any third-person claimant shall be filed with the Superior Court on a prescribed form as a supplemental proceeding to the original action The claim shall contain a description the property in which an interest is claimed and a statement the basis for the claim or the nature the dispute (c) On filing the claim the clerk the court shall assign the matter for hearing on a date certain and order that notice the hearing be served by the claimant on all persons known to claim an interest in the disputed property (d) Pending the hearing on the claim and subject to further order the court any property in dispute shall continue to be held by the person then in possession and shall not be transferred to any person who is not a party to the supplemental proceeding If previously seized by or delivered to a levying ficer the property shall remain in the custody the levying ficer. ( P. eff Jan 1 1998; P. eff imd.)   1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support (3)  The existence in the Statewide database a prior report or a current investigation or assessment concerning a subject the report § 5403  Proceedings governed by other law This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization emergency medical care for a child 23c5404s § 5404  Application to Native American tribes. Special Provisions in Appendix.  See the preamble Act 103 1998 in the appendix to this title for special provisions relating to legislative findings and declarations     SUBCHAPTER A (3)  May provide services to a petitioner who is an individual not residing in a state (b)  Specific duties.--A support enforcement agency that is providing services to the petitioner shall do all the following: (1)  Take all steps necessary to enable an appropriate tribunal this State another state or a foreign country to obtain jurisdiction over the respondent Child's Name Age Where does this. A man may not marry his sister A man may not marry his daughter A man may not marry the daughter his son or daughter A man may not marry his first cousin A woman may not marry her father. (D)  Reliance on factual investigation.--An agency charged by this section or section 6361 (relating to organization for child protective services) with investigating a report child abuse may rely on a factual investigation substantially the same allegations by a law enforcement agency to support the agency's finding This reliance shall not however limit the duties imposed by section 6368(a) (relating to investigation reports) (e)  Risk assessment.--Each county agency shall implement a State-approved risk assessment process in performance its duties under this subchapter ( P. eff imd.; P. eff imd.; Apr 4 1996 P. eff imd.; P. eff Jan 1 1998; P. eff imd.; P. eff imd.; P. eff 60 days)   2017 Amendment  Act 78 amended subsec (g.3) See section 7 Act 78 in the appendix to this title for special provisions relating to applicability ( P. )   2017 Amendment  Act 68 added section 6504.3 Section 7(1)(ii) Act 68 provided that subsecs (b) and (c) shall take effect immediately Section 7(2) Act 68 provided that subsec (a) shall take effect 120 days after the publication in the Pennsylvania Bulletin the promulgation final regulations under 23 Pa.C.S § 6504.3(c) 77A06  Registration convention support order 77A07  Contest registered convention support order 77A08  Recognition and enforcement registered convention support order 77A09  Partial enforcement. 1   I do not object to the relocation and I do not object to the modification the custody order consistent with the proposal for revised custody schedule as attached to the notice 2   I do not object to the relocation but I do object to modification the custody order and I request that a hearing be scheduled: a    Prior to allowing (name child/children) to relocate. § 6345  Audits by Attorney General The Attorney General shall conduct a mandated audit done randomly but at least once during each year on an unannounced basis to ensure that the expunction requirements this chapter are being fully and properly conducted 23c6345v ( P. . (2)  has established a reciprocal arrangement for child support with this State as provided in section 7308 (relating to supervisory duty); (3)  has enacted a law or established procedures for the issuance and enforcement support orders which are substantially similar to the procedures under this part; or (4)  in which the convention is in force with respect to the United States. (A)  $50 shall be used by the sheriff (B)  $50 shall be used by the court (iii)  $100 shall be forwarded to the Department Public Welfare for use for victims domestic violence in accordance with the provisions section 2333 the act April 9 1929 (P. ) known as The Administrative. (C)  Withdrawal.--A program participant may withdraw at any time by notifying the fice Victim Advocate in writing (d)  Effect cancellation expiration or withdrawal.--Notwithstanding cancellation expiration or prior withdrawal from the program all persons eligible to apply to become program participants may reapply for participation in the program § 5615  Conflicting documents If a parent has appointed a testamentary guardian the person or estate a minor by will under 20 Pa.C.S § 2519 (relating to testamentary guardian) and there is a conflict between that will and a duly executed written standby guardian designation the document latest in date execution shall prevail 23c5616s § 5616  Bond. (F)  Report.--Where the court requires counseling a report shall be made by the qualified pressional stating that the parties did or did not attend (g)  Exception.--Notwithstanding any other provision law in no case may the court require counseling over the objection a party that has a protection from abuse order enforceable under Chapter 61 (relating to protection from abuse) against the other party or where that party was the victim a personal injury crime for which the other party was convicted or has entered into an Accelerated Rehabilitative Disposition program as a result conduct for which the other party was a victim "responding tribunal."  The authorized tribunal in a responding county "Secretary."  The Secretary Public Welfare the Commonwealth "Spousal support order."  A support order for a spouse or former spouse the obligor (2)  Modification a support order a tribunal this State (3)  Modification a support order a tribunal another state or a foreign country (d)  Prohibition.--A tribunal this State may not require security bond or deposit however described to guarantee the payment costs and expenses in proceedings under the convention Cited 240 C 343; Id 623 Trial court improperly created an exemption not provided by statute 49 CA 503 Subsec (i): Court required to enter order determining issues raised by exemption claim. 1309.  filing applications and consent certificates 1310.  Duration and form license   Enactment.  Chapter 13 was added Decem P. effective in. (Ii)  If the court makes a specific finding that child abuse as defined by this chapter has not occurred the county agency shall consider the court's finding to be a determination that the report suspected abuse was an unfounded report The county agency shall immediately notify the department the change in the status the report from an indicated report to an unfounded report Upon notice the department shall be responsible for expunging the indicated report consistent with the expunction requirements this chapter § 4380  Enforcement cooperation requirements (a)  Cooperation required.--It is essential to the effective and responsible utilization assistance funds that applicants and recipients who are caretakers a child whose circumstances include the reported absence a legally responsible relative from the household or presence a putative father cooperate fully with the department and the court or domestic relations section in establishing paternity and in securing child support payments and in all matters set forth in section 4379 (relating to cooperation required) (B)  retain for the Commonwealth an amount equal to the non-Federal share the reimbursed amount; and (III)  third pay any remaining amount to the family (C)  In the case arrearages that accrued before the family received cash assistance from the Commonwealth and which are collected after October. (2)  An fense shall be graded a misdemeanor the third degree if the individual convicted the fense established residence outside this Commonwealth with the intention not complying with the support order and either the following apply: (i)  the fense is a second or subsequent fense under this section; or (ii)  the individual owes support in an amount equal to or greater than 12 months the monthly support obligation (I)  For nonidentifying information review and furnish to the requester any medical and social history information that will not compromise the confidentiality the relationship between the adoptee and the adoptee's birth parent (ii)  For identifying information if an authorization form is on file with the court agency or information registry furnish to the requester the available identifying information in its records (2)  Upon issuance a court order pursuant to 18 Pa.C.S §§ 6105(f)(2) or 6108.1(b) (relating to return relinquished firearms other weapons and ammunition and additional relief) which modifies a valid protection from abuse order by allowing the defendant to take possession a firearm other weapon or ammunition that had previously been ordered relinquished the defendant and the third party shall report to the sheriff's fice to return the safekeeping permit The sheriff shall proceed as directed by the. ( P. eff July 1 1996; Nov 9 2006 P. eff 180 days; Apr 7 2014 P. eff ; P. eff )   2014 Amendments  Act 29 amended subsec (a) and Act 45 amended subsecs (a) and (b) Vacation after Thanksgiving (Vi)  Background clearance requirements for individuals who work or volunteer with children (vii)  Recognition the signs and symptoms child abuse (viii)  Alternative resources to assist with concerns not related to. § 2914  Immunity from liability § 2915  Court and agency records § 2916  Attorney records ( P. eff 60 days; P. ; Apr 4 1996 P. eff 60 days; Nov 9 2006 P. eff 180 days; P. eff 180 days; P. eff imd.; P. eff imd.)   2018 Amendment  Act 10 amended subsec (a)(11). Sec 52-362j “Past-due support” “overdue support” defined For the purposes sections 52-362d 52-362e 52-362g and 52-362h: (1) “Past-due support” means any one or a combination the following: (A) Court-ordered current support or arrearage payments which have become due and payable and remain unpaid; (B) unpaid support which has been reduced to a judgment or otherwise found to be due by a court competent jurisdiction whether or not presently payable; (C) support due for periods prior to an action to establish a child support order (2) “Overdue support” means a delinquency accruing after the entry an initial court order establishing a child support obligation (June 18 Sp Sess P.A 97-7 S 31 38; P.A 03-258. 4396  Penalties   Enactment  Subchapter F was added Decem P. effective January. § 3106  Premarital agreements (a)  General rule.--The burden pro to set aside a premarital agreement shall be upon the party alleging the agreement to be unenforceable A premarital agreement shall not be enforceable if the party seeking to set aside the agreement proves by clear and convincing evidence that: (1)  the party did not execute the agreement voluntarily; or § 5505  Monetary limits liability § 5506  Double recovery for same injury prohibited § 5507  Indemnity or contribution from child prohibited Information regarding the name and the amount 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 the proposed action and given a period not to exceed 20 days to contest the accuracy the information The notice shall be as provided by local rule the court common pleas (6)  Determine and set a fee which reflects the actual costs it and the Department Revenue incur to administer this section submit this calculation to the Department Revenue for its approval request the Department Revenue to deduct the calculated amount from the amount to be paid to the prizewinner after the prizewinner's child support obligation has been fully satisfied and request that the deducted amount be divided between both departments based on the administrative expenses incurred by each (7)  Within 30 days the date the prize. (D)  Contest over validity registered order.--A person seeking to contest the validity a registered order must request a hearing within 20 days after service the notice At that hearing the court shall confirm the registered order unless the person contesting registration establishes that: (1)  the issuing court did not have jurisdiction under Subchapter B (relating to jurisdiction); 7102  Remedies cumulative (Repealed) 7103  State tribunal and support enforcement agency 7104  Cumulative remedies 7105  Application part to resident foreign country and foreign support proceeding   § 4305  General administration support matters (a)  Powers and duties.--Subject to any inconsistent general rules and to the supervision and direction the court the domestic relations section shall have the power and duty to: (1)  Process all complaints received under Parts VIII (relating to uniform interstate family support) and VIII-A (relating to intrastate family support) (D)  Spousal privilege unavailable.--A privilege against disclosure communications between spouses and a defense immunity based on the relationship husband and wife or parent and child may not be invoked in a proceeding under this subchapter 23c5451s § 5451  Warrant to take physical custody child. Subchapter D  Registration and Modification Foreign Child Support Order   § 7615  Jurisdiction to modify child support order a foreign country 1301.   license required 1302.  Application for license 1303.  Waiting period after application 1304.  Restrictions on issuance license.   2010 Repeal  Section 4346 was repealed Novem P. effective in 60 days 23c4347s § 4347  Security for attendance or performance. (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 fice; (ii)  has not been defeated for reelection or retention; Secs 52-347 to 52-350 Form execution Service and return execution Interest on judgments collected on executions Execution upon unsatisfied judgment justice Sections 52-347 to 52-350 inclusive are repealed (1949 Rev S 8092–8095; 1959 P.A 28 S 185 204; 1963 P.A 642 S 55; P.A 78-280 S 107 127; P.A 81-410 S 9; P.A 83-581 S 39 40; June Sp Sess P.A 83-29 S 44 82; P.A 84-546. (J P. eff 60 days) 23c2902s § 2902  Requirements and form decree adoption. References in Text  The short title the act J P. known as the Public Welfare Code referred to in this section was amended by the act Decem P. The amended short title is now the Human Services Code 23c6386s § 6386  Mandatory reporting children under one. (Vi)  employment security records; (vii)  records agencies administering public assistance programs; (viii)  motor vehicle registration and operator licensing records; (ix)  probation and parole records; and (E)  Bills.--Copies bills for testing for parentage and for prenatal and postnatal health care the mother and child furnished to the adverse party at least ten days before trial are admissible in evidence to prove the amount the charges billed and that the charges were reasonable necessary and customary (f)  Transmission documentary evidence.--Documentary evidence transmitted to a tribunal by telephone telecopier or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means transmission § 77A06  Registration convention support order (a)  Registration required.--Except as otherwise provided in this chapter a party who is an individual or a support enforcement agency seeking recognition a convention support order shall register the order in this State as provided in Chapter 76 (relating to registration enforcement and modification support order) (B)  Remedies.--A court this Commonwealth may utilize any remedy available under other laws this Commonwealth to enforce a child custody determination made by a court another state The remedies provided in this subchapter are cumulative and do not affect the availability other remedies to enforce a child custody determination 23c5444s § 5444  Temporary visitation.   CHAPTER 21 PRELIMINARY PROVISIONS   Sec. "agency."  Any organization society institution court facility or other entity which provides for the care a child The term does not include a county children and youth social service agency "Child."  An unemancipated individual under 18 years age "Legal custody."  The right to make major decisions on behalf the child including but not limited to medical religious and educational decisions (10)  Any other information required by Federal law or regulation (11)  Any other information that the department requires by regulation (c)  Written reports.--(Deleted by amendment) (d)  Failure to confirm oral report.--(Deleted by amendment) (E)  Compensation experts.--The compensation each expert witness appointed by the court shall be fixed at a reasonable amount It shall be paid as the court shall order Subject to general rules the court may order that it be paid by the parties in such proportions and at such times as it shall prescribe or that the proportion any party be paid by the county and that after payment by the parties or the county or both all or part or none it be taxed as costs in the action Subject to general rules the fee an expert witness called by a party but not appointed by the court shall be paid by the party calling him but shall not be taxed as costs in the action (A)  This chapter.--The following words and phrases when used in this chapter shall have the meanings given to them in this  subsection unless the context clearly indicates otherwise: "Abuse."  As defined in section 6102 (relating to definitions) "Adult."  An individual 18 years age. "employer."  Includes an individual partnership association corporation trust Federal agency Commonwealth agency or political subdivision paying or obligated to pay income "Genetic tests."  Includes any blood or tissue testing processes used to confirm or exclude parentage (C)  Local rules.-- (1)  The court shall adopt local rules for the administration of the mediation program to include rules regarding qualifications of mediators confidentiality and any other matter deemed appropriate by. 76  Enforcement and Modification Support Order After Registration 77  Determination Parentage (Repealed) 77A Support Proceeding Under Convention 78  Interstate Rendition 79  Miscellaneous Provisions 1992 Amendment  Act 87 added section 4308 § 4308.1  Collection overdue support from monetary awards. References in Text  The Department Public Welfare referred to in subsec (d) was redesignated as the Department Human Services by Act 132 2014 Cross References  Section 6106 is referred to in sections 6108 6110 this title 23c6107s § 6107  Hearings. (4)  The defendant shall within the time frame specified in the order and in lieu relinquishment to the sheriff relinquish the firearms other weapons and ammunition specified in the affidavits provided to the sheriff pursuant to paragraph (3) to the third party who has been issued a safekeeping permit pursuant to paragraph (2) Upon relinquishment the firearms to the third party the third party shall sign an acknowledgment receipt on a form prescribed by the Pennsylvania State Police which shall include at a minimum an acknowledgment that the firearms were relinquished to the third party within the time frame specified in. § 5601  Short title chapter § 5602  Definitions § 5603  Scope (1)  The petition or comparable pleading in this State is filed before the expiration the time allowed in the other state or a foreign country for filing a responsive pleading challenging the exercise jurisdiction by the other state or a foreign country (2)  The contesting party timely challenges the exercise jurisdiction in the other state or a foreign country (3)  If relevant this State is the home state. (2)  A victim sexual assault who files an affidavit with the fice Victim Advocate describing the perpetrator's violent actions or threatened violent actions toward the affiant and further stating that the affiant fears future violent acts by the perpetrator the sexual violence (3)  A victim stalking who files an affidavit with the fice Victim Advocate describing the perpetrator's course conduct or repeated actions toward the affiant meeting the criteria enumerated in 18 Pa.C.S § 2709.1 (relating to stalking) and further stating that the affiant fears future violent acts by the perpetrator the stalking (B)  Modification court's order providing for return relinquished firearm other weapon or ammunition.-- (1)  The defendant may petition the court to allow for the return firearms other weapons and ammunition to the defendant prior to the expiration the court's order The petition shall be served upon the plaintiff and the plaintiff shall be a party to the proceedings regarding that petition Sec 52-350e Service process (a) Unless otherwise provided by section 52-351a 52-351b 52-356a 52-356b or 52-361a service process concerning a postjudgment procedure or concerning a determination interest in property pursuant to section 52-356c may be made (1) by a proper ficer sending a true and attested copy there by certified mail return receipt requested to a person at his last-known address or (2) as provided for service process by chapter 896 or (3) as provided by rule court for service on an appearing party if made on a party who has filed a postjudgment appearance or if made within one hundred eighty days rendition judgment on a party who has appeared in the action (b) The provisions this section do not apply to any process issued pursuant to a contempt proceeding (P.A 83-581 S 4 40; P.A 84-527 S 3; P.A 85-346. (E)  Applicability Mental Health Procedures Act.--Notwithstanding any other provision law a mandated reporter enumerated under section 6311 (relating to persons required to report suspected child abuse) who makes a report suspected child abuse pursuant to this section or who makes a report a crime against a child to law enforcement ficials shall not be in violation the act July 9 1976 (P. ) known as the Mental Health Procedures Act by releasing information necessary to complete the report 18 Pa.C.S § 3301 (relating to arson and related fenses) 18 Pa.C.S Ch 37 (relating to robbery) 18 Pa.C.S Ch 49 Subch B (relating to victim and witness intimidation) 75 Pa.C.S § 3732 (relating to homicide by vehicle). ( P. eff 60 days)   1992 Amendment.  Act 34 added section 2504.1 23c2505s § 2505  Counseling. (4)  the agency has adopted a procedure for protecting the confidentiality the actual address the program participant (e)  Form waiver.--Upon granting a request for waiver pursuant to this section the fice Victim Advocate shall provide the State or local government agency receiving the waiver with a form containing: (1)  the program participant's actual address; (12)  (Deleted by amendment) (13)  (Deleted by amendment) (14)  A private school licensed under the act of Decem (P. ) known as the Private Licensed Schools Act (15)  The Hiram G Andrews Center. Chapter 77A SUPPORT PROCEEDING UNDER CONVENTION   Sec 77A01  Definitions. § 8401  Registration of order § 8402  Procedure to register order   Subchapter B  Contest of Validity or Enforcement 2018 Amendment  Act 21 amended subsec (a) intro par 2015 Amendment  Act 40 added subsec (b.1) Section 3 Act 40 provided that subsec (b.1) shall apply to any action regarding custody a child under Chapter 43 or 53 that is filed on or after the effective date section 3 2012 Amendment  Act 32 amended subsec (c) (3)  To ensure the integrity the specimen and that the proper chain custody has been maintained the genetic tests the biological mother the child or children in question and the alleged father should be conducted by an established genetic-testing laboratory in the course its regularly conducted business activity and certified records should be issued The certified records shall be admissible into evidence without further foundation authentication or pro accuracy if no objection is made within ten days prior to trial The laboratory must be certified by either the American Association Blood Banks or the American Association for Histocompatibility and Immunogenetics (5)  An acknowledgment that the firearms other weapons or ammunition will not be returned to the defendant or sold or transferred to a person the dealer knows is a member the defendant's household while the defendant is the subject an active protection from abuse order pursuant to section 6108 which order provides for the relinquishment the firearm other weapon or ammunition being returned sold or transferred (6)  An acknowledgment that the firearms other weapons or ammunition if sold or transferred will be sold or lawfully transferred in compliance with 18 Pa.C.S Ch 61 (relating to firearms and other dangerous articles) (C)  Notification upon release.--The appropriate releasing authority or other ficial as designated by local rule shall use all reasonable means to notify the victim sufficiently in advance the release the fender 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 ficial as designated by local rule advised contact information; failure to do so will constitute waiver any right to notification under this section § 6501  Short title chapter This chapter shall be known and may be cited as the Newborn Protection Act 23c6502s § 6502  Definitions. (2)  Request an appropriate tribunal to set a date time and place for a hearing (3)  Make a reasonable effort to obtain all relevant information including information as to income and property the parties (4)  Within two days exclusive Saturdays Sundays and legal holidays after receipt a written notice from an initiating responding or registering tribunal send a copy the notice by first class mail to the petitioner 6305  Electronic reporting 6306  Regulations 23c6301s § 6301  Short title chapter This chapter shall be known and may be cited as the Child Protective Services Law. (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. "obligor."  An individual or the estate a decedent that: (1)  owes or is alleged to owe a duty support; (2)  is alleged but has not been adjudicated to be a parent a child; or (3)  is liable under a support order. {{Confirm_Text}}Ok" data-audio_reading_progress="You're currently on {{currently_on}} However it looks like you listened to {{listened_to}} on {{device_name}} {{time}}.Jump {{jump_to}}? (O)  Priority attachment.--(Deleted by amendment) (p)  Nonresidents.--Income attachment shall be available to obligees residing outside this Commonwealth where the income the obligor is derived in this Commonwealth § 8413  Contest registration or enforcement § 8414  Confirmed order § 8415  Effect a confirmed order (D)  Use private judgment search companies.--In lieu receiving the statement and written documentation arrears or no arrears provided in subsections (b) (c) and (f) an attorney or insurer may use the services a private judgment search company approved by the department or an insurer may use the services the child support enforcement lien program operated through a central reporting agency approved by the department An attorney or insurer may deduct the fee for such a judgment search from any payment to the prevailing party or beneficiary (Apr 7 2014 P. eff )   2014 Amendment  Act 29 added section 6305 Cross References  Section 6305 is referred to in section 6313. (5)  request determination the controlling child support order "Support order."  A judgment decree order decision or directive whether temporary final or subject to modification issued in a state or a foreign country for the benefit a child spouse or former spouse which provides for monetary support health care arrearages retroactive support or reimbursement for financial assistance provided to an individual obligee in place child support The term may include related costs and fees interest income automatic adjustment reasonable attorney fees and other relief (C.1)  Founded reports.--A person named as a perpetrator in a founded report child abuse must provide to the department a court order indicating that the underlying adjudication that formed the basis the founded report has been reversed or vacated (c.2)  Hearing.--A person making an appeal under subsection (a)(2) or (c) shall have the right to a timely hearing to determine the merits the appeal A hearing shall be scheduled according to the following procedures: The short title the act J P. known as the Public Welfare Code referred to in subsections (a) and (d.3) was amended by the act Decem P. The amended short title is now the Human Services Code Subsec (h) referred to in subsec (h.1) was repealed by the act October 30. (2)  The issuing tribunal lacked personal jurisdiction consistent with section 7201 (relating to bases for jurisdiction over nonresident) (3)  The order is not enforceable in the issuing country (4)  The order was obtained by fraud in connection with a matter procedure. (4)  Upon receipt an order or directive from a court the domestic relations section or the department authorizing the Department Transportation to suspend the operating privilege an obligor or other individual the Department Transportation shall immediately suspend the operating privilege that obligor or other individual Upon receipt an order from the court or the domestic relations section or a directive from the department authorizing the Department Transportation to restore the operating privilege an obligor or other individual the Department Transportation shall immediately restore the operating privilege that obligor or other individual if the person complies with the provisions 75 Pa.C.S § 1960 (relating to reinstatement operating privilege or vehicle registration) (C)  Decree.--After hearing which shall be private the court may enter a decree termination parental rights in the case their relinquishment to an adult or a decree termination parental rights and duties including the obligation support in the case their relinquishment to an agency (F)  A plain-language summary 18 Pa.C.S § 6105(a.1)(2) and (c)(6) (relating to persons not to possess use manufacture control sell or transfer firearms) (G)  A plain-language summary 18 U.S.C § 922(g)(8) (relating to unlawful acts). (7)  A birth sibling an adoptee if both the birth sibling and adoptee are at least 21 years age and: (i)  the birth sibling remained in the custody the birth parent and the birth parent consents is deceased or adjudicated incapacitated; (ii)  both the birth sibling and adoptee were adopted out the same birth family; or 1994 Amendment  Act 150 amended subsecs (g) (h) (i) (j) (k) and (l) and added subsec (h.1) Section 5 Act 150 provided that the amendment section 4326 shall apply to all actions pending on the effective date Act 150 1992 Amendment  Act 114 added section 4326 Section 4(1) Act 114 provided that section 4326 shall apply to all support orders entered reviewed or modified on or after the effective date Act 114 and section 4(2) provided that section 4326(j) shall apply to support orders entered prior to the effective. 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. (July 2 2014 P. eff 60 days; P. eff 60 days)   2017 Amendment  Act 68 amended subsec (b) 2014 Amendment  Act 91 amended the section heading and subsecs (a)(1) and (b) § 3506  Statement reasons for distribution In an order made under this chapter for the distribution property the court shall set forth the percentage distribution for each marital asset or group assets and the reason for the distribution ordered 23c3506v ( P. eff. Sec 52-367a Execution against debts due from financial institution Judgment debtor other than natural person (a) As used in this section and section 52-367b “financial institution” means any bank savings bank savings and loan association or credit union organized chartered or licensed under the laws this state or the United States and having its main fice in this state or any similar out--state institution having a branch fice in. (3)  If the suspected child abuse is alleged to have been committed by a person who is not a perpetrator and the behavior constituting the suspected child abuse may include a violation a criminal fense law enforcement ficials where the suspected child abuse is alleged to have occurred shall be solely responsible for investigating the allegation (4)  If a child is alleged to be in need other protective services the appropriate county agency shall assess the needs the child as provided in this chapter (B)  Compilation list.--The court shall compile a list qualified counselors and counseling services (including all adoption agencies) which are available to counsel natural parents within the county who are contemplating relinquishment or termination parental rights pursuant to this part Such list shall be distributed to every agency hospital or other facility providing maternity care within the county and shall be made available upon request to any intermediary or licensed health care pressional Subchapter C RECONCILIATION MULTIPLE ORDERS   Sec 7207     Determination controlling child support order. (I)  The ability to provide care nurturing and supervision to children (ii)  Mental and emotional well-being If there is a question regarding the mental or emotional stability a family member which might have a negative effect on a foster child the foster family care agency shall require a psychological evaluation that person before approving the foster family home (iii)  Supportive community ties with family friends and neighbors. (2)  a court the state otherwise having jurisdiction under sections 5421 (relating to initial child custody jurisdiction) through 5423 (relating to jurisdiction to modify determination) determines that this Commonwealth is a more appropriate forum under section 5427 (relating to inconvenient forum); or (3)  no court any other state would have jurisdiction under the criteria specified in sections 5421 through 5423 (Oct 6 1994 P. eff 60 days; 1st P. eff 60 days; J P. eff 60 days; P. eff 60 days; P. eff 180 days; Oct 9 2008 P. eff 60 days)   (A)  Certified medical practitioners.--In circumstances which negatively affect the medical health a child a certified medical practitioner shall in a timely manner provide the county agency with the following information when an assessment for general protective services or a child abuse investigation is being conducted or when the family has been accepted for services by a county agency: (1)  Relevant medical information known to the certified medical practitioner regarding the child's prior and current health (2)  The person acted in good faith in making or causing the report suspected child abuse to be made (3)  As a result making the report suspected child abuse the person is discharged from employment or is discriminated against with respect to compensation hire tenure terms conditions or privileges employment "sale or lawful transfer."  Any sale or transfer to a person other than the defendant or a member the defendant's household which is conducted in accordance with 18 Pa.C.S Ch 61 (relating to firearms and other dangerous articles) ( P. eff 180 days)   Suspension by Court Rule   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support 23c4391s § 4391  Definitions. 7601  Registration order for enforcement 7602  Procedure to register order for enforcement 7603  Effect registration for enforcement 7604  Choice law   (D)  Application for counseling.--Any parent who has filed a petition to relinquish his or her parental rights or has executed a consent to adoption and is in need counseling concerning the relinquishment or consent and the alternatives thereto may apply to the court for referral to an agency or qualified counselor listed by a court pursuant to subsection (b) for the purpose receiving such counseling The court in its discretion may make such a referral where it is satisfied that this counseling would be benefit to the parent The entry a general appearance by or in behalf a defendant does not constitute collusion Collusion shall be found to exist only where the parties conspired to fabricate grounds for divorce or agreed to and did commit perjury or perpetrated fraud on the court Negotiation and discussion terms property settlement and other matters arising by reason contemplated divorce or do not constitute collusion 23c3321h   Section 4342(f) was suspended by Pennsylvania Rule Civil Procedure No (4) as amended insar as it is inconsistent with Rule as it relates to record hearings in support actions 23c4343s § 4343  Paternity. (4)  State that the failure to contest the validity or enforcement the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order (c)  Employer.--Upon registration an income- order for enforcement the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to section 4348 (relating to attachment income) Explanatory Note  Act 175 amended or added sections 3103 3106 3323 3501 3502 3505 and 3506 Title 23     2004 NOVEMBER 30 P.   1102  Definitions 1103  Common-law 1104  Forms 1105  Fees 1106  Records and statistics. 5211  Uniformity application and construction 5212  Relation to Electronic Signatures in Global and National Commerce Act   Enactment  Chapter 52 was added Janu P.L.8 No.5 effective in. (1)  Require as a condition eligibility for assistance that an applicant or recipient: (i)  Furnish his or her Social Security account number or to the extent permitted by Federal law pro making application for a Social Security account number if the applicant or recipient has no Social Security account number (ii)  Assign to the department on forms provided by the department such support rights as the applicant or recipient may have individually or on behalf any family member who is a part the assistance group ( P. eff imd.) 23c7209s § 7209  Credit for payments Amounts collected and credited for a particular period pursuant to a child support order issued by a tribunal another state or a foreign country must be credited against the amounts accruing or accrued for the same period under a child support order for the same child issued by the tribunal. (1949 Rev S 8131.) Cited 48 C 413 Interpleader will not lie for successive garnishments 94 C 194 Premature bringing scire facias; successive garnishments same debt 99 C 676 Cited 121 C 315 Ordinarily garnishees cannot maintain actions interpleader as they are protected under provisions section 146 C 37 Scire facias proceeding discussed 1 CA 291 Cited. Sec 52-400 Costs examination The costs such examination shall be taxed by the judge ordering the same and may include an attorney fee not exceeding ten dollars and the fees the committee not exceeding eight dollars a day if the judge is the opinion that such fees or either them should be taxed or if the examination is before a judge his necessary traveling expenses If the examination results in the discovery property or means paying the judgment in full or to the extent fifty dollars such judge may order such costs to be added to and become a part the sums collectible in such execution The costs service process shall be taxed as part the costs the examination (1949 Rev S 8144; P.A 93-207 S 2.) History: P.A 93-207 specified that costs service process shall be taxed as part costs examination. ( P. eff 60 days; P. eff 180 days) 23c1303s § 1303  Waiting period after application (a)  General rule.--No license shall be issued prior to the third day following the making application therefor Cross References  Section 5412 is referred to in section 5203 this title 23c5421h     SUBCHAPTER B § 5447  Simultaneous proceedings § 5448  Expedited enforcement child custody determination § 5449  Service petition. § 6505  Reporting acceptance newborns. Sec 52-389 Attachment lien on debt due from solvent estate When any debt due or which may become due from the estate a deceased person which is settled as a solvent estate is attached the lien created by such attachment shall not continue unless demand is made the garnishee upon the execution within sixty days after the rendition the judgment or within sixty days after the expiration the time limited for the defendant to present his claim against the estate (1949 Rev S 8133.) Cited. (2)  the maximum amount permitted to be withheld from the obligor's income; and (3)  the times within which the employer must implement the order and forward the child support payment ( P. eff Jan 1 1998)   (I)  abandoning employment; (ii)  selling a primary residence; (iii)  terminating a lease; (iv)  closing bank or other financial management accounts liquidating assets hiding or destroying financial documents or conducting any unusual financial activities; (2)  Any person named as a perpetrator and any school employee named in an indicated report child abuse may within 90 days being notified the status the report request an administrative review by or appeal and request a hearing before the secretary to amend or expunge an indicated report on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this chapter The request shall be in writing in a manner prescribed by the department (3)  Within 60 days a request under paragraph (1) or a request for administrative review under paragraph (2) the department shall send notice the secretary's decision (D)  Foreign forum.--After the dissolution or a in a foreign forum where a matter under subsection (a) has not been decided a court this Commonwealth shall have jurisdiction to determine a matter under subsection (a) to the fullest extent allowed under the Constitution the United States (e)  Venue.--A proceeding for divorce or may be brought in the county: (1)  where the defendant resides; (2)  the child custody determination sought to be registered has been vacated stayed or modified by a court having jurisdiction to do so under Subchapter B; or (3)  the person contesting registration was entitled to notice but notice was not given in accordance with the standards section 5408 (relating to notice to persons outside Commonwealth) in the proceedings before the court that issued the order for which registration is sought (4)  to permit the enrollment children under court order upon application the custodial parent domestic relations section or the department within 30 days receipt by the insurer the order; (4.1)  not to disenroll or eliminate coverage any child unless the insurer is provided satisfactory written evidence that a court order requiring coverage is no longer in effect or that the child is or will be enrolled in comparable health coverage through another insurer which will take effect no later than the effective date such disenrollment; (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 (B)  Manner suit.--A suit under subsection (a) shall be brought in the name the person for the use the public body or public agency Pro that the person to whom the money is due became a public charge or was publicly assisted shall be conclusive pro 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 a court the public body or public agency shall have the right to recover the amount (A)  General rule.--Upon the filing a petition seeking enforcement a child custody determination the petitioner may file a verified application for the issuance a warrant to take physical custody the child if the child is immediately likely to suffer serious physical harm or be removed from this Commonwealth § 6312  Persons encouraged to report suspected child abuse  Any person may make an oral or written report suspected child abuse which may be submitted electronically or cause a report 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. § 1105  Fees § 1106  Records and statistics   (P.a 93-329 S 6; P.A 01-91 S 26; P.A 11-214 S 33; P.A 16-13 S 23.) History: P.A 01-91 added references to Support Enforcement Services and made a technical change; P.A 11-214 substituted “Bureau Child Support Enforcement” for “Connecticut Child Support Enforcement Bureau”; P.A 16-13 replaced “Bureau Child Support Enforcement” with “fice Child Support Services” and made a conforming change effective May 6 2016 Cited. (E)  Transfer.--The Department Health shall transfer to the Department Public Welfare all acknowledgments or claims paternity filed with the Department Health under prior statutes (f)  Certifications.--The Department Public Welfare shall provide necessary certifications under Part III (relating to adoption) as to whether any acknowledgment or claim paternity has been filed in regard to any child who is a prospective adoptive child (g)  Rescission.-- Subchapter Heading  The heading Subchapter C was amended Decem P. effective January 1 1998 23c7207s § 7207  Determination controlling child support order (a)  Single child support order.--If a proceeding is brought under this part and only one tribunal has issued a child support order the order that tribunal controls and must be so recognized (C.1)  Dismissal.--If the information obtained pursuant to subsection (b) reveals that the applicant is disqualified from employment or approval pursuant to subsection (c) the applicant shall be immediately dismissed from employment or approval (d)  Prospective adoptive or foster parents.--With regard to prospective adoptive or prospective foster parents the following. Easter Sunday (4)  The investigation shall include interviews with all subjects the report including the alleged perpetrator If a subject the report is not able to be interviewed or cannot be located the county agency shall document its reasonable efforts to interview the subject and the reasons for its inability to interview the subject The interview may be reasonably delayed if notice the investigation has been delayed pursuant to subsection (m) (e)  Review indicated reports.--A final determination that a report suspected child abuse is indicated shall be approved by: (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 23c7315s § 7315  Nonparentage as defense. (6)  An acknowledged father as provided by applicable state law (7)  The mother the child (8)  An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated (Xii)  An individual representing parents (xiii)  Any individual whom the county agency or child fatality or near fatality review team determines is necessary to assist the team in performing its duties (2)  Members the team shall be responsible for all the following: (Oct 1 2015 P. eff 60 days)   2015 Amendment  Act 40 added par (2.1) Section 3 Act 40 provided that par (2.1) shall apply to any action regarding custody a child under Chapter 43 or 53 that is filed on or after the effective date section 3 (E)  Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection: "License."  A license certificate permit or other authorization to: (1)  engage in a pression trade or business in this Commonwealth or a political subdivision or agency there; or A person who willfully fails or refuses to appear in response to a duly served order or other process under this chapter may as prescribed by general rule be adjudged in contempt Contempt shall be punishable by any one or more the following: (1)  Imprisonment for a period not to exceed six months (2)  A fine not to exceed $500. § 4345  Contempt for noncompliance with support order (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 obligor to appear) may as prescribed by general rule be adjudged in contempt Contempt shall be punishable by any one or more the following: (1)  Imprisonment for a period not to exceed six months. § 2907  Certificate adoption 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 any natural parent or the original name the person adopted The certificate shall be accepted in any legal proceedings in this Commonwealth as evidence the fact that the adoption has been granted 23c2907v   (C)  Use force for supervision control and safety purposes.--Subject to subsection (d) the use reasonable force on or against a child by the child's own parent or person responsible for the child's welfare shall not be considered child abuse if any the following conditions apply: (1)  The use reasonable force constitutes incidental minor or reasonable physical contact with the child or other actions that are designed to maintain order and control (2)  The use reasonable force is necessary: (2)  Notwithstanding any other provision law the federally mandated $25 annual fee collected from the custodial parent as required under section 4351(a.1) shall be retained by the department (e)  Child support foster care children.--Notwithstanding the preceding provisions this section amounts collected by the department as child support for months in any period on behalf a child for whom a public agency is making foster care maintenance payments under Part E the Social Security Act (49 Stat 620 42 U.S.C § 301 et seq.) shall: (2)  If the court awards custody to a party who committed an fense under subsection (a) or who shares a household with an individual who committed an fense under subsection (a) the court may require subsequent evaluations on the rehabilitation the fending individual and the well-being the child subsequent to the order If upon review a subsequent evaluation the court determines that the fending individual poses a threat physical emotional or psychological harm to the child the court may schedule a hearing to modify the custody order 1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support References in Text  The act Decem (P. ) known as the Fraternal Benefit Societies Code referred to in the def "insurer," was repealed by the act J (P. ) The subject matter is now contained in Article XXIV The Insurance Company. (C)  Retention information.--The Statewide database shall indefinitely retain the names perpetrators child abuse and school employees who are subjects founded or indicated reports only if the individual's Social Security number or date birth is known to the department The entry in the Statewide database shall not include identifying information regarding other subjects the report (1)  Subject to paragraphs (2) and (3) a report child abuse made pursuant to this chapter if an investigation by the department or county agency determines that substantial evidence the alleged abuse by a perpetrator exists based on any the following: (i)  Available medical evidence (ii)  The child protective service investigation.     SUBCHAPTER D VOLUNTARY AGREEMENT FOR CONTINUING CONTACT (A)  General rule.--Notwithstanding any other provision law a defendant who is the subject a final protection from abuse order which order provides for the relinquishment firearms other weapons or ammunition during the period time the order is in effect may within the time frame specified in the order and in lieu relinquishment to the sheriff relinquish to a dealer licensed pursuant to 18 Pa.C.S § 6113 (relating to licensing dealers) any firearms other weapons or ammunition for consignment sale lawful transfer or safekeeping (2)  when the program participant is any the following: (i)  a released fender complying with State or county probation or parole requirements; or (ii)  a convicted sexual fender who has fulfilled the fender's sentence but must register the fender's community residence as required under 42 Pa.C.S Ch 97 Subch H (relating to registration sexual fenders) or I (relating to continued registration sexual fenders) or any similar registration requirement imposed by any other jurisdiction (2)  An order providing for a periodic payment schedule shall also provide that failure to comply with the schedule shall result in the immediate suspension nonrenewal or denial the obligor's license (3)  Subject to section 4377(c) (relating to appeals) to contest the order the obligor or other individual must appear before the domestic relations section not later than ten days after issuance the order The grounds for contesting shall be limited to mistakes fact If as determined by the domestic relations section a mistake fact has occurred the action shall be modified accordingly within. § 6375  County agency requirements for general protective services § 6376  Appeals with respect to general protective services § 6377  Caseloads (A)  the individual did not know and could not reasonably have known the relocation in sufficient time to comply with the 60-day notice; and (B)  it is not reasonably possible to delay the date relocation so as to comply with the 60-day notice (3)  Except as provided by section 5336 (relating to access to records and information) the following information if available must be included with the notice the proposed relocation: (3)  cease to use and dispose the program participant's actual address upon the expiration the waiver; and (4)  except as otherwise set forth in the waiver maintain the confidentiality a program participant's actual address (11)  Designated county ficials in reviewing the competence the county agency or its employees pursuant to this chapter ficials under this paragraph are limited to the following: (i)  The board commissioners in counties other than counties the first class (ii)  Mayor in a city the first class under the act Ap (P. ) known as the First Class City Home. 5409  Appearance and limited immunity 5410  Communication between courts 5411  Taking testimony in another state 5412  Cooperation between courts; preservation records. (3)  A legal guardian an adoptee who is under 18 years age or adjudicated incapacitated (4)  A descendant a deceased adoptee (5)  The birth parent an adoptee who is at least 21 years age (6)  A parent a birth parent an adoptee who is at least 21 years age if the birth parent consents is adjudicated incapacitated or is deceased (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 protection orders provided for in section 6105 (3)  The defendant shall not have a right to a jury trial on a charge indirect criminal contempt However the defendant shall be entitled to counsel (1)  A registered order is enforceable as the date registration in the same manner as an order issued by a tribunal (2)  A hearing to contest the validity the registered order must be requested within 20 days after the date mailing or personal service the notice (Ii)  Statutory sexual assault as defined in 18 Pa.C.S § 3122.1 (relating to statutory sexual assault) (iii)  Involuntary deviate sexual intercourse as defined in 18 Pa.C.S § 3123 (relating to involuntary deviate sexual intercourse) (iv)  Sexual assault as defined in 18 Pa.C.S. § 3124.1 (relating to sexual assault). No petitioner is entitled to receive an award alimony where the petitioner subsequent to the divorce pursuant to which alimony is being sought has entered into cohabitation with a person the opposite sex who is not a member the family the petitioner within the degrees consanguinity 23c3707s § 3707  Effect death either party. § 2740  Procedures for facilitating and resolving agreements involving a county child welfare agency § 2741  Counsel § 2742  Costs (1)  Compile and maintain a current list including addresses the tribunals in this State which have jurisdiction under this part and any support enforcement agencies in this State and transmit a copy to the state information agency every other state (2)  Maintain a register tribunals and support enforcement agencies received from other states § 5424  Temporary emergency jurisdiction (a)  General rule.--A court this Commonwealth has temporary emergency jurisdiction if the child is present in this Commonwealth and the child has been abandoned or it is necessary in an emergency to protect the child because the child or a sibling or parent the child is subjected to or threatened with mistreatment. (3)  Prothonotaries and their agents and employees 23c6105v (Oct 6 1994 P. eff 60 days; P. eff 60 days; J P. eff 60 days; P. eff 180 days)   (2)  Committed adultery (3)  By cruel and barbarous treatment endangered the life or health the injured and innocent spouse (4)  Knowingly entered into a bigamous while a former is still subsisting (5)  Been sentenced to imprisonment for a term two or more years upon conviction having committed. An appeal from an order support entered pursuant to this chapter shall not operate as a supersedeas unless so ordered by the court 23c4351s § 4351  Costs. 82  Jurisdiction 83  Civil Provisions General Application 84  Enforcement and Modification Support Order After Registration   Enactment  Part VIII-A was added April 4 1996 P. effective immediately (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. "income- order."  An order or other legal process directed to an obligor's employer or other debtor in accordance with section 4348 (relating to attachment income) to withhold support from the income the obligor "Initiating tribunal."  The tribunal a state or a foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country (I)  interferes with any parent-child relationship; and (ii)  is in the best interest the child 23c5328v ( P. eff Jan 1 2014)   (J)  Enforcement order.--The employee's share if any premiums for health coverage shall be deducted by the employer and paid to the insurer or other entity providing health care coverage If an obligated parent fails to comply with the order to provide health care coverage for a child fails to pay medical expenses for a child or receives payment from a third party for the cost medical services provided to such child and fails to reimburse the custodial parent or provider services the. (4)  To issue administrative subpoenas for the records public utilities and cable television companies with respect to individuals who owe or are owed support or against whom or with respect to whom a support obligation is sought consisting the names and addresses such individuals and the names and addresses their employers (5)  To issue administrative subpoenas for the records held by financial institutions with respect to individuals who owe or are owed support or against whom or with respect to whom a support obligation is sought (1)  a letter or other document requesting registration; (2)  two copies including one certified copy the determination sought to be registered and a statement under penalty perjury that to the best the knowledge and belief the person seeking registration the order has not been modified; and § 6108  Relief § 6108.1 Return relinquished firearms other weapons and ammunition and additional relief § 5430  Appearance parties and child   Subchapter C  Enforcement   E  Pennsylvania Adoption Cooperative Exchange   Enactment  Chapter 25 was added Octo P. effective January 1 1981 Cross References  Chapter 25 is referred to in section 2102 this title   (B)  Costs fees and expenses.--The court shall award the costs fees and expenses authorized under section 5452 (relating to costs fees and expenses) and may grant additional relief including a request for the assistance law enforcement ficials and set a further hearing to determine whether additional relief is appropriate (c)  Refusal to testify.--If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating the court may draw an adverse inference from the refusal (B)  Assumption responsibility by department.--When the suspected abuse has been committed by the county agency or any its agents or employees the department shall assume the role the agency with regard to the investigation and directly refer the child for services (c)  Action by agencies for abuse by agents or employees.--Where suspected child abuse has occurred and an employee or agent the department or the county agency or a private or public institution is a subject the report the department agency or institution shall be informed the investigation so that it may take appropriate action (B)  Limitation on use.--A county agency may only request and receive information pursuant to this subsection either on its own behalf because it has received a report suspected child abuse or on behalf a physician examining or treating a child or on behalf the director or a person specifically designated in writing by the director any hospital or other medical institution where a child is being treated where the physician or the director or a person specifically designated in writing by the director suspects the child being an abused child (C)  Form.--If the court orders the parties to propose a parenting plan it shall be submitted to the court in substantially the following form: CAPTION PARENTING PLAN This parenting plan involves the following child/children: (A)  Types award.--After considering the factors set forth in section 5328 (relating to factors to consider when awarding custody) the court may award any the following types custody if it is in the best interest the child: (1)  Shared physical custody (2)  Primary physical custody (3)  Partial physical custody. ( P. eff July 1 1995; P. eff ; Apr 7 2014 P. eff ; P. eff )   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. (Iii)  That the grounds for contesting the notice shall be limited to mistakes fact Mistakes fact shall be limited to errors in the amount arrears owed or mistaken identity the obligor (iv)  That an order to the licensing authority to automatically suspend nonrenew or deny the license will occur in all cases 30 days after issuance the notice unless the arrearage is paid a periodic payment schedule is approved by the court or the individual is excused from the failure to comply with the warrant or subpoena (6)  that the requester and the requester's agency agree to dispose the program participant's actual address as soon as practicable after the circumstances surrounding the stated reason for the request no longer require emergency disclosure pursuant to this section 23c6710v   Cross References.  Section 6710 is referred to in section 6708.   Chapter 11  Preliminary Provisions   § 1101  Short. § 3702  Alimony pendente lite counsel fees and expenses In proper cases upon petition the court may allow a spouse reasonable alimony pendente lite spousal support and reasonable counsel fees and expenses Reasonable counsel fees and expenses may be allowed pendente lite and the court shall also have authority to direct that adequate health and hospitalization insurance coverage be maintained for the dependent spouse pendente lite (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. (C)  Commencement.--An individual petitioner or a support enforcement agency may commence a proceeding authorized under this part by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal another state or a foreign country which has or can obtain personal jurisdiction over the respondent 23c7301v ( P. . (Ii)  Subparagraph (i) does not preclude the department from continuing to support the county agencies in the development risk assessment processes prior to the adoption 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. Cross References  Section 2530 is referred to in sections 2531 2701 this title 23c2531s § 2531  Report intention. § 8414  Confirmed order Confirmation a registered order whether by operation law or after notice and hearing precludes further contest the order with respect to any matter that could have been asserted at the time registration 23c8415s § 8415  Effect a confirmed order. Enactment.  chapter 17 was added Decem P. effective in 90 days 23c1701s § 1701  Decree that spouse applicant is presumed decedent. (B)  Expiration order.--An order issued under subsection (a) shall expire at the end the next business day the court deems itself available The court shall schedule hearings on protection orders entered by hearing ficers under subsection (a) and shall review and continue in effect protection orders that are necessary to protect the plaintiff or minor children from abuse until the hearing at which time the plaintiff may seek a temporary order from. § 6331  Establishment Statewide database § 6332  Establishment Statewide toll-free telephone number § 6333  Continuous availability department 2005 JULY 7 P.   § 4  Continuation prior law The addition 23 Pa.C.S Ch 46 is a continuation the act J (P. ) known as The Support Law The following apply: (C) The court may issue a turnover order against a judgment debtor without notice or hearing upon affidavit by the judgment creditor or another competent affiant stating facts from which the court concludes that there is a reasonable likelihood that the judgment debtor is about to remove the property from the state or is about to fraudulently dispose the property with intent to hinder delay or defraud his creditors The court shall expeditiously hear and determine any motion by the judgment debtor to dissolve such an ex parte order (d) Unless directed to a person who is before the court any turnover order shall be personally served and shall contain a notice that failure to comply therewith may subject the person served to being held in contempt court (P.A 83-581 S 10 40; P.A 84-527 S 7; P.A 97-86 S 2; P.A 05-288. (12)  To respond to a request for assistance received from another state The response which may be transmitted electronically or by other methods shall confirm the receipt the request the action taken and the amount support collected and specify any additional information or action required the requesting tribunal to obtain enforcement the child support obligation (13)  To prohibit the issuance or renewal a license an obligor or other individual under section 4355(a) (relating to denial or suspension licenses) or to require the suspension the license an obligor or other individual pursuant to section 4355(d.1) § 1305  Examination and tests for syphilis (Repealed) § 1306  Oral examination § 1307  Issuance license ( P. eff 60 days; P. eff 60 days)   2016 Amendment  Act 24 added the defs "convicted" and "personal injury crime." (C)  Relief.--Upon finding after notice and opportunity to be heard that an obligor owes a duty support the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 7305 (relating to duties and powers responding tribunal) 23c7401v ( P. . (B)  Identifying information.-- (1)  If an authorization form is on file the department shall notify the requester within 30 days the request whether information may be released (2)  If there is no authorization on file the department shall designate an authorized representative to: (i)  Use reasonable efforts to locate the subject the request. (B)  Staff and organization.--The county agency shall have a sufficient staff sufficient qualifications to fulfill the purposes this chapter and be organized in a way to maximize the continuity responsibility care and services individual workers toward individual children and families The department by regulation shall set forth staff-to-family ratios for the various activities required the county agency under this chapter including reports and investigations suspected child abuse risk assessment and the provision or monitoring services to abused children and their families § 4352  Continuing jurisdiction over support orders. (1)  has been guilty like conduct; (2)  has admitted the defendant into conjugal society or embraces after the plaintiff knew the fact; (3)  allowed the defendant's prostitution or received hire from it; or (4)  exposed the defendant to lewd company whereby the defendant became involved in the adultery (D.1)  Notification.--No financial institution shall be required to notify an obligor a request for information by the department or the court under this section "department."  The Department Public Welfare the Commonwealth "PACE."  The Pennsylvania Adoption Cooperative Exchange 23c2551v   § 2552  Pennsylvania Adoption Cooperative Exchange § 2553  Registration children § 2554  Responsibilities PACE (1949 Rev S 8106; March 1958 P.A 27 S 72; P.A 83-581 S 39 40; P.A 84-546 S 127 173.) (Return to ChapterTable Contents) (Return toList Chapters) (Return toList Titles) Sec 52-364 Levy against partnership No execution upon a judgment rendered against copartners shall be levied upon any other than the partnership property or the individual property such defendants as are particularly named in the complaint (1949 Rev S 8107.) Cited 21 C 60;. Further the General Assembly finds that it has a rational and legitimate governmental interest in requiring some parental financial assistance for a higher education for children parents who are separated divorced unmarried or otherwise subject to an existing support obligation   Explanatory Note  Act 62 amended or added sections 4302 4306 4309 4327 4342 4355 and 5103 Title 23   § 5340  Court-appointed child custody health care or behavioral health practitioners   Chapter 54  Uniform Child Custody Jurisdiction and Enforcement   Sec 52-400 Costs examination Sec 52-400a Protective order by court Execution against specified property Sec 52-400b Penalty for failure to comply with certain court orders Sec 52-400c Attorney's fees Sec 52-400d Appeal certain court decisions Sec 52-400e Failure to pay judgment as basis for revocation suspension or refusal to grant or renew license licensed business Sec 52-400f Priority claims for deposits for consumer goods and services. "school."  A facility providing elementary secondary or postsecondary educational services The term includes the following: (1)  Any school a school district (2)  An area vocational-technical school (3)  A joint school. § 4301  Scope chapter § 4302  Definitions § 4303  Information to consumer reporting agency     SUBCHAPTER C.2 BACKGROUND CHECKS FOR EMPLOYMENT IN SCHOOLS (Repealed) (2)  If an employer is ordered to withhold income from more than one obligor to pay child support and employs 15 or more persons the employer shall make payments to the State disbursement unit through electronic payment methods (3)  If an employer has a history two or more checks returned for nonsufficient funds the employer shall make payments to the State disbursement unit through electronic funds transfer (C)  Father not identified.--If the petition does not identify the father the child it shall state whether a claim paternity has been filed under section 8303 (relating to claim paternity) 23c2512v ( P. eff 60 days)   (1)  An employee child-care services (2)  A foster parent (3)  A prospective adoptive parent (4)  A self-employed provider child-care services in a family child-care home. (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 the adopting parents as parents I hereby revoke all former wills and codicils to the extent that there is a conflict between those formerly executed documents and this my duly executed standby guardian designation I am the (insert designator's relationship to minor(s)) (insert name(s) minor(s)) (Insert name(s) minor(s)'s other parent(s)) is the father/mother (insert name(s) minor(s)) (1)  Married persons are liable for the support each other according to their respective abilities to provide support as provided by law (2)  Parents are liable for the support their children who are unemancipated and 18 years age or younger (2.1)  Paragraph (2) applies whether or not parental rights the parent have been terminated due to a conviction for any the following where the other parent is the victim and a child has been conceived as a result. (A)  General rule.--Whenever married persons holding property as tenants by entireties are divorced they shall except as otherwise provided by an order made under this chapter thereafter hold the property as tenants in common equal one-half shares in value and either them may bring an action against the other to have the property sold and the proceeds divided between them (b)  Division proceeds.--Except as provided in subsection (c) the proceeds a sale under this section after the payment the expenses sale shall be equally divided between the parties "parent."  Includes adoptive parent 23c2102v (J P. eff 60 days; P. eff 60 days; P. eff 60 days)   The report the intermediary shall have attached to it the following exhibits: (1)  A birth certificate or certification registration birth the child if it can be obtained (2)  All consents to adoption required by section 2711 (relating to consents necessary to adoption) (E)  Transfer upon entry final order.--Upon entry a final protection from abuse order issued pursuant to section 6108 which order provides for the relinquishment firearms other weapons or ammunition during the period time the order is in effect a defendant who had relinquished firearms other weapons or ammunition to the sheriff pursuant to a temporary order may request that the firearms other weapons or ammunition be relinquished to a dealer for consignment sale lawful transfer or safekeeping pursuant to this section If the defendant can identify a licensed dealer willing to accept the firearms other weapons or ammunition in compliance with this section the court shall order the sheriff to transport the firearms other weapons or ammunition to the licensed dealer at no cost to the defendant or the licensed dealer (1)  If an individual liable for support under this section fails to comply with an order under this section the court shall schedule a contempt hearing At the hearing if the court determines that the individual liable for support has intentionally failed to comply with the order the court may hold the individual in contempt court and may sentence the individual to up to six months' imprisonment (2)  This subsection applies regardless whether the indigent person is confined in a public institution (Oct 6 1994 P. eff 60 days; J P. eff 60 days; P. eff 60 days; P. eff 180 days)   2004 Amendment See section 29 Act 207 in the appendix to this title for special provisions relating to construction law Memorial Day Child's Birthday (B)  Assessment against a state.--The court may not assess fees costs or expenses against a state unless authorized by law other than this chapter 23c5452v   Cross References.  Section 5452 is referred to in sections 5448 5450. (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 private and public hospitals on the basis medical need and shall not be refused or deprived in any way proper medical treatment. (1)  In the case an action for divorce under section 3301(a) or (b) (relating to grounds for divorce) the court adopts a report the master or makes its own findings that grounds for divorce exist (2)  In the case an action for divorce under section 3301(c) both parties have filed affidavits consent or if the presumption in section 3301(c)(2) is established one party has filed an affidavit consent Except for gross negligence recklessness or intentional misconduct the fice Victim Advocate law enforcement agencies and all agents contractors and employees the fice Victim Advocate or a law enforcement agency shall be immune from civil liability in any action arising in connection with this chapter 23c7101h     Cross References  Section 6343.1 is referred to in sections 6335 6340 this title 23c6344s § 6344  Employees having contact with children; adoptive and foster parents (a)  Applicability.--Beginning Decem this section applies to the following individuals: § 2312  Who may adopt Any individual may become an adopting parent 23c2313s § 2313  Representation. (I)  The name Social Security number date birth sex marital status race and ethnicity the applicants (ii)  The date or dates the resource family application (iii)  The current and previous home addresses the applicants (iv)  The county residence the applicants. (1)  A person responsible for the selection volunteers under this chapter shall require an applicable prospective volunteer prior to the commencement service to submit only the information under section 6344(b)(1) and (2) if the following apply: (i)  The position the prospective volunteer is applying for is unpaid. (B)  Guardians ad litem for siblings adoptees.--Where siblings have been freed for adoption through the termination parental rights following a dependency proceeding and the prospective adoptive parent is not adopting all the siblings each such sibling who is under 18 years age shall be represented by a guardian ad litem in the development an agreement (1)  A perpetrator who is the subject a founded report child abuse (2)  A sexually violent delinquent child as defined in 42 Pa.C.S § (relating to definitions) who meets all the following: (i)  Is required to register under 42 Pa.C.S Ch 97 Subch H (relating to registration sexual fenders) Cited 234 C 194 (Return to ChapterTable Contents) (Return toList Chapters) (Return toList Titles) Sec 52-362f Enforcement child support orders by income (a) As used in this section unless the context requires otherwise: (1) “Agency” means the fice Child Support Services within the Department Social Services this state and when the context requires means either the court or agency any other jurisdiction with functions similar to those defined in this section including the issuance and enforcement support orders (2) “Child” means any child whether above or below the age majority with respect to whom a support order exists. Sec 52-400b Penalty for failure to comply with certain court orders (a) On the continued and wilful failure a person to comply with a discovery order pursuant to section 52-351b or to comply with a turnover order pursuant to section 52-356b or to comply with a protection order pursuant to section 52-400a the court may after hearing commit the person for contempt and may further find such person personally liable for such damages as may have been sustained as a result the contempt (b) No capias shall issue against a person who has failed to comply with a discovery turnover or protection order unless the court finds that such person has been served with a subpoena ordering him to appear in court and he has failed to so appear (P.A 83-581 S 21 40; P.A 84-527. Sec 52-352a Definitions for exempt property provisions For the purposes this section and sections 52-352b and 52-353 the following terms shall have the following meanings: (a) “Value” means fair market value the exemptioner's equity or unencumbered interest in the property; (b) “Necessary” means reasonably required to meet the needs the exemptioner and his or her dependents including any special needs by reason health or physical infirmity; (c) “Exempt” means unless otherwise specified not subject to any form process or court order for the purpose debt collection; (d) “Exemptioner” means the natural person entitled to an exemption under this section or section 52-352b; (2)  Upon determination by the sheriff that the third party is not prohibited from possessing firearms other weapons or ammunition pursuant to any Federal or State law and after the defendant and third party have executed the affidavits required under paragraph (3) the sheriff shall issue a safekeeping permit to the third party which shall include at a minimum a list the firearms other weapons and ammunition which will be relinquished to the third party The permit shall be issued at no cost to the third party or defendant The permit shall require the third party to possess the defendant's firearms other weapons and ammunition until the. (1)  Establishment or modification a support order or determination parentage a child In the proceeding the determination parentage a child under the law this State applies (4)  Upon conviction for indirect criminal contempt and at the request the plaintiff the court shall also grant an extension the protection order for an additional term (5)  Upon conviction for indirect criminal contempt the court shall notify the sheriff the jurisdiction which issued the protection order the conviction (1)  Exercise continuing exclusive jurisdiction to issue or enforce a support order modify a support order or render a judgment to determine parentage (2)  Order an obligor to comply with a support order specifying the amount and the manner compliance (3)  Order income (4)  Determine the amount any arrearages and specify a method payment. (A)  General rule.--Except as otherwise provided in this part consent to an adoption shall be required the following: (1)  The adoptee if over 12 years age (2)  The spouse the adopting parent unless they join in the adoption petition (3)  The parents or surviving parent an adoptee who has not reached the age. (E)  Default.--The court shall enter a default order establishing paternity and enforcing support upon a showing that the defendant has been properly served and has not appeared (f)  Hearsay exception.--For proceedings pursuant to this section a verified petition affidavit or document and a document incorporated by reference in any them which would not be excluded under the hearsay rule if given in person is admissible in evidence if given under oath by a party or witness 2010 Repeal  Section 2905 was repealed Octo P. effective in 180 days 23c2906s § 2906  Docket entries Upon the filing any decree under this part the clerk shall enter on the docket an entry showing the date the decree Information identifying the natural parents shall not be entered on the docket 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 the victim Neither the domestic violence counselor/advocate nor the victim shall waive the privilege confidential communications by reporting facts 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 ( P. eff Jan 1 1998; P. eff imd.)   1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support ( P. eff imd.)   2015 Amendment  Act 94 added section 7210 23c7211s § 7211  Continuing exclusive jurisdiction to modify spousal support order. (A)  Access to information.--The domestic relations sections and the department shall have access to all information required under this subchapter for purposes locating individuals establishing paternity and establishing modifying and enforcing child support obligations The domestic relations sections and the department may disclose such information to its employees agents and contractors solely for the purposes set forth in this subsection (b)  Department access to information.--The department shall have access to the information received by the Commonwealth directory new hires for purposes verifying eligibility for programs administered by the department (5)  Transportation arrangements (6)  A procedure by which proposed changes disputes and alleged breaches the custody order may be adjudicated or otherwise resolved through mediation arbitration or other means (7)  Any matter specified by the court (8)  Any other matter that serves the best interest. (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) * * *     § 7605  Notice registration order § 7606  Procedure to contest validity or enforcement registered support order (E)  Noninterference with decisions.--Nothing in this chapter shall be construed to otherwise interfere with the ability an employer or person responsible for a program activity or service to make employment discipline or termination decisions or from establishing additional standards as part the hiring or selection process for employees or volunteers (f)  Portability certification.-- § 3333  Res judicata and estoppel   Chapter 35  Property Rights   § 5448  Expedited enforcement child custody determination (a)  Verification.--A petition under this subchapter must be verified Certified copies all orders sought to be enforced and any order confirming registration must be attached to the petition A copy a certified copy an order may be attached instead the original (b)  Petition.--A petition for enforcement a child custody determination. (4)  The guardian an incapacitated adoptee (5)  The guardian the person an adoptee under the age 18 years if any there be or the person or persons having the custody the adoptee if any such person can be found whenever the adoptee has no parent whose consent is required (B)  Reports unavailable persons.--Whenever a person required to report under this chapter is unavailable due to death or from the jurisdiction the court the written report that person shall be admissible in evidence in any proceedings arising out child abuse other than proceedings under Title 18 (relating to crimes and fenses) Any hearsay contained in the reports shall be given such weight if any as the court determines to be appropriate under all the circumstances However any hearsay contained in a written report shall not itself be sufficient to support an adjudication based. (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 § 6343.1 Citizen review panels § 6344  Employees having contact with children; adoptive and foster parents (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 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 which may be used to pay for the reasonable expenses recovery the child including reasonable attorney fees and costs if there is an abduction; and (D)  Notice joint referrals.--When a report is referred to the county agency under subsection (b) and is also referred to a law enforcement ficial under subsection (c) the notice shall include information as to the name and contact information any persons receiving the referral if known (e)  Jurisdictional overlap.--If the residency any subject a report is a factor that requires the cooperation more than one county agency the department shall develop procedures to ensure the cooperation those agencies in carrying out the requirements this chapter § 2916  Attorney records An attorney representing a party to an adoption proceeding or acting as counsel or guardian ad litem for a child in a proceeding under this part may forward records and information relating to the child the child's birth family and the adoptive family to the court which finalized the adoption as established by general rule by the Supreme Court Such records and information shall be treated as court records for purposes this chapter (B)  Authority Governor.--The Governor this State may do either the following: (1)  Demand that the Governor another state surrender an individual found in the other state who is charged criminally in this State with having failed to provide for the support an obligee (2)  On the demand by the Governor another state surrender an individual found in this State who is charged criminally in the other state with having failed to provide for the support an obligee (3)  the program participant's mail is returned to the fice Victim Advocate as nondeliverable (b)  Expiration.--Certification as a program participant shall expire three years from the date on which an applicant was certified as a program participant The fice Victim Advocate shall send written notification pending expiration to a program participant's last known actual address 30 days prior to the expiration certification (D)  Expunction valid general protective services reports.--Information concerning valid general protective services reports shall be maintained in the Statewide database as follows: (4)  The issuing tribunal has stayed the order pending appeal (5)  Full payment has been made and there is no continuing support obligation (b)  Relief.--If a party presents evidence establishing a full or partial defense under subsection (a) a tribunal may stay enforcement the registered order continue the proceeding to permit production additional relevant evidence and issue other appropriate orders An uncontested portion the registered order may be enforced by all remedies available (D)  Contest over validity custody determination.--An order issued under subsection (c) must state the time and place the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody the child and the payment fees costs and expenses under section 5452 (relating to costs fees and expenses) and may schedule a hearing to determine whether further relief is appropriate unless the respondent appears and establishes that: (1)  the child custody determination has not been registered and confirmed under section 5445. § 6702  Definitions § 6703  Address Confidentiality Program § 6704  Persons eligible. (11)  Initiate judicial proceedings to void a fraudulent transfer or obtain a settlement from the transferee in the best interests the child support obligee (b)  Additional powers.--Subject to the supervision and direction the court but without the need for prior judicial order the domestic relations section shall have the power to expedite the establishment and enforcement support to: (1)  Order genetic testing for the purpose paternity establishment pursuant to section 4343 (relating to paternity) (O) Good faith immunity Except as provided in subsection (n) this section no financial institution or any ficer director or employee such financial institution shall be liable to any person with respect to any act done or omitted in good faith or through the commission a bona fide error that occurred despite reasonable procedures maintained by the financial institution to prevent such errors in complying with the provisions this section (p) Rights judgment debtor and secured party Nothing in this section shall in any way restrict the rights and remedies otherwise available to a judgment debtor or any such secured party at law or in equity. § 3308  Action where defendant suffering from mental disorder If a spouse is insane or suffering from serious mental disorder an action may be commenced under this part against that spouse upon any ground for divorce or 23c3309s § 3309  General appearance and collusion. Chapter 13   License   § 1301   license required § 4304.1  Cooperation government and nongovernment agencies (a)  Cooperation government agencies.--Notwithstanding any other provision law including the provisions section 731 the act April 9 1929 (P. ) known as The Fiscal Code all government agencies shall: (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 other persons named in the report (7)  Factors contributing to the need for protective services. Chapter 52  Uniform Child Abduction Prevention   § 5201  Scope chapter (C)  Payment investigation costs.--The court may establish a procedure for the payment investigation costs by the petitioners or by such other persons as the court may direct 23c2725s § 2725  Religious belief. (9)  A peace ficer or law enforcement ficial (10)  An emergency medical services provider certified by the Department Health (11)  An employee a public library who has direct contact with children in the course employment § 6101  Short title chapter This chapter shall be known and may be cited as the Protection from Abuse Act 23c6101v   Cross References  Section 6101 is referred to in section 8127 Title 42 (Judiciary and Judicial Procedure)   CHAPTER 37 ALIMONY AND SUPPORT   Sec. § 5452  Costs fees and expenses (a)  General rule.--The court shall award the prevailing party including a state necessary and reasonable expenses incurred by or on behalf the party including costs communication expenses attorney fees investigative fees expenses for witnesses travel expenses and child care during the course the proceedings unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate A  General Provisions B  Records and Access to Information C  Information Registry D  Release Information   (D)  Due process and judicial review procedures.--Subject to general rules which may be promulgated by the Supreme Court each court shall establish due process and judicial review procedures for domestic relations sections exercising powers under this section (e)  Transmission information.--All information transmitted to this Commonwealth from another state for purposes establishing or enforcing an order support under this chapter may be transmitted electronically or by other methods 18 Pa.C.S § 3301 (relating to arson and related fenses) 18 Pa.C.S § 4302 (relating to incest) 18 Pa.C.S § 4303 (relating to concealing death child) 18 Pa.C.S § 4304 (relating to endangering welfare children). (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. (4)  If the court orders the defendant to temporarily relinquish any firearm other weapon or ammunition pursuant to paragraph (3) the defendant shall decide in what manner the defendant is going to relinquish any firearm other weapon or ammunition listed in the order Relinquishment may be to the sheriff pursuant to section 6108(a)(7) or to a third party for safekeeping pursuant to section 6108.3 (relating to relinquishment to third party for safekeeping) (c)  Continued hearings.--If a hearing under subsection (a) is continued and no temporary order is issued the court may make ex parte temporary orders under subsection (b) as it deems necessary (1)  The applicant meets the eligibility requirements under section 6704 (relating to persons eligible to apply) (2)  The applicant designates the fice Victim Advocate as an agent for the purpose receiving service process (3)  The application contains the applicant's actual address and telephone number where the applicant can be contacted § 5444  Temporary visitation § 5445  Registration child custody determination § 5446  Enforcement registered determination 2931  Access to information 2932  Nonidentifying information 2933  Identifying information 2934  Statement medical and social history information 2935  Confidentiality. Subchapter E MISCELLANEOUS PROVISIONS   Sec 6381  Evidence in court proceedings.     CHAPTER 73 CIVIL PROVISIONS GENERAL APPLICATION   (4)  Preparation and distribution a photographic listing service on children registered with PACE (5)  Preparation annual reports concerning functions PACE regarding the children and the prospective parents listed with PACE The reports shall be submitted annually to the Health and Welfare and Judiciary Committees the House Representatives to the Public Health and Welfare and Judiciary Committees the Senate and to the Governor (E)  Identifying information.--If a party alleges in an affidavit or a pleading under oath that the health safety or liberty a party or child would be jeopardized by disclosure identifying information the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health safety or liberty the party or child and determines that the disclosure is in the interest justice 23c5429v   (3)  In the case an action for divorce under section 3301(d) an affidavit has been filed and no counter-affidavit has been filed or if a counter-affidavit has been filed denying the affidavit's averments the court determines that the is irretrievably broken and the parties have lived separate and apart for at least one year at the time the filing the affidavit 23c3323v ( P. eff 60 days; P. eff 60 days; Oct 4 2016 P. eff. § 4377  Power to expedite support cases § 4378  Assistance recipients to seek support § 4379  Cooperation required (4)  That the attachment order is binding upon the employer until further notice (5)  That the employer may combine attachment payments into a single payment to the domestic relations section and separately identify the portions attributable to each obligor (6)  That the employer must notify the domestic relations section when the obligor terminates employment and provide his last known address and the new employer's name and address. (G)  Annual report.--The Pennsylvania State Police shall annually compile and analyze the incident report data received and publish a Statewide report which includes aggregate county and department-based statistical priles The Pennsylvania State Police shall transmit a copy the annual report to the Governor the General Assembly and each domestic violence program in this Commonwealth (h)  Enforcement foreign protection orders.-- (1)  Names addresses and telephone numbers the victim the accused any witnesses and the caller (2)  A second permanent address and telephone number for the victim such as a close family member or a friend (3)  A statement the relationship between the victim and the accused. 2015 Amendment  Act 94 amended subsec (b) 23c7802s § 7802  Conditions rendition. (5)  Information contained in the Statewide registry shall not be subject to access under the act J (P. ) referred to as the Right-to-Know Law (f)  Information concerning crimes violence.--Each police department in a city borough or township and the Pennsylvania State Police shall transmit to the Pennsylvania State Police in a manner prescribed by the Pennsylvania State Police the information specified in subsection (c) related to crimes violence between family or household members 2004 Amendment  Act 175 amended the def "separate and apart." Section 5(1) Act 175 provided that the amendment shall apply to complaints served before on or after the effective date par (1) Cross References  Section 3103 is referred to in section 5948 Title 42 (Judiciary and Judicial Procedure) 23c3104s § 3104  Bases jurisdiction. 3 ( P. eff imd.; P. eff Jan 1 1998)   1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support (B)  Performance audit.--Notwithstanding any other provision this chapter the secretary or a designee the secretary may direct at their discretion and after reasonable notice to the county agency a performance audit any activity engaged in pursuant to this chapter (c)  Department reviews and reports child fatalities and near fatalities.--   § 5471  Intrastate application   Subchapter E  Miscellaneous Provisions   (P) All orders issued under this section shall be payable to the state disbursement unit established and maintained by the Commissioner Social Services in accordance with subsection (j) section 17b-179 The state disbursement unit shall insure distribution all money collected under this section to the dependent the state and the support enforcement agencies other states as their interests may appear within two business days Each dependent who is not receiving child support enforcement services as defined in subsection (b) section 46b-231 shall be notified upon the issuance a order pursuant to this section that such services are fered free charge by the State Connecticut upon application to the fice Child Support Services within the Department Social Services. "separate and apart."  Cessation cohabitation whether living in the same residence or not In the event a complaint in divorce is filed and served it shall be presumed that the parties commenced to live separate and apart not later than the date that the complaint was served "Spousal support."  Care maintenance and financial assistance   Cross References.  Section 6705 is referred to in section 6711 this title 23c6706s § 6706  Cancellation expiration and voluntary withdrawal. § 7208  Multiple child support orders for two or more obligees § 7209  Credit for payments § 7210  Application part to nonresident subject to personal jurisdiction A party whose parentage a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this part 23c7316s § 7316  Special rules evidence and procedure. ( P. eff July 1 1995; July 3 2008 P. eff 180 days; P. eff )   2014 Amendment  Act 44 amended subsec (c)(3) 2008 Amendment  Act 33 added subsec (c) Sec 7301  Proceedings under this part 7302  Action by minor parent 7303  Application law this State 7304  Duties initiating tribunal. (E)  Construction.--(Deleted by amendment) (f)  Nonresident volunteer certification.--Employers administrators supervisors or other persons responsible for selection volunteers may allow a volunteer to serve on a provisional basis not to exceed a total 30 days in a calendar year if the volunteer is in compliance with the clearance standards under the law the jurisdiction where the volunteer is domiciled The nonresident volunteer must provide the employer administrator supervisor or other person responsible for selection volunteers with documentation certifications Physical Custody (where the child/children live) The child's/children's residence is with Describe which days and which times the day the child/children will be with each person: (D)  Filing copy order.--Within 30 days after issuance an order determining the identity the controlling order the party obtaining the determining order shall file a certified copy it with each tribunal that issued or registered an earlier order child support A party or support enforcement agency that obtains a determining order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue failure to file arises Failure to file a copy the determining order does not affect the validity or enforceability the controlling order § 8311  Special rules evidence and procedure § 8312  Assistance with discovery § 8313  Costs. (C)  Genetic tests.-- (1)  Upon the request any party to an action to establish paternity supported by a sworn statement from the party the court or domestic relations section shall require the child and the parties to submit to genetic tests The domestic relations section shall obtain an additional genetic test upon the request and advance payment by any party who contests the initial test (H)  Child abuse in another state where the victim child and the alleged perpetrator are residents the Commonwealth.--A report 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 suspected child abuse by a perpetrator if the other state's child protective services agency cannot or will not investigate the report § 6108  Relief (a)  General rule.--The court may grant any protection order or approve any consent agreement to bring about a cessation abuse the plaintiff or minor children The order or agreement may include: (1)  Directing the defendant to refrain from abusing the plaintiff or minor children. Secs 52-366 and 52-367 Levy execution against oyster-bed association Levy on corporate stock Sections 52-366 and 52-367 are repealed (1949 Rev S 8109 8110; 1959 P.A 574 S 6; P.A 83-581 S 39 40; P.A 84-546. (A)  General rule.--Except as provided in subsection (d.1) where the domestic relations section or the department has been unable to attach the income an obligor and the obligor owes support in an amount equal to or greater than three months the monthly support obligation or where an individual has failed to comply with a visitation or partial custody order pursuant to section 4346 (relating to contempt for noncompliance with visitation or partial custody order) or an individual has failed after appropriate notice to comply with subpoenas or warrants relating to paternity or child support proceedings the court the domestic relations section or the department shall issue an order directing any licensing authority to: (1)  In no case shall an administrator hire or approve an applicant where the department has verified that the applicant is named in the Statewide database as the perpetrator a founded report committed within the five-year period immediately preceding verification pursuant to this section (2)  In no case shall an administrator hire an applicant if the applicant's criminal history record information indicates the applicant has been convicted one or more the following fenses under Title 18 (relating to crimes and fenses) or an equivalent crime under Federal law or the law another state: § 6381  Evidence in court proceedings § 6382  Guardian ad litem for child in court proceedings (Repealed) § 6383  Education and training (A)  Child.--The court shall appoint counsel to represent the child in an involuntary termination proceeding when the proceeding is being contested by one or both the parents The court may appoint counsel or a guardian ad litem to represent any child who has not reached the age 18 years and is subject to any other proceeding under this part whenever it is in the best interests the child No attorney or law firm shall represent both the child and the adopting parent or parents (1)  the basis for the court's exercise jurisdiction; (2)  the manner in which notice and opportunity to be heard were given to the persons entitled to notice the proceeding; (3)  a detailed description each party's custody and visitation rights and residential arrangements for. (3)  Where there is reasonable cause to suspect that there is a history prior or current abuse the medical practitioner has the authority to arrange for further medical tests or the county agency has the authority to request further medical tests (A)  Confidentiality.--Information retained to ensure compliance with this chapter and to document the return firearms shall not be subject to access under the act J (P. ) 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 either or any other person or entity to create maintain or operate a database or registry firearm ownership within this Commonwealth However information may be retained to ensure compliance with this chapter and to document the return firearms This book will also be removed from all your remove from Saved" data-change_library_state="{{confirm_text}}

(C)  Joinder Department Public Welfare.--Whenever the record in any support action or proceeding indicates that the persons for whom support is sought have received public assistance from the Department Public Welfare at any time since the initiation the matter the department may become a party to the action or proceeding by filing an entry appearance This entry appearance may be entered without leave court at any time and at any stage the action or proceeding (G) Employer responsibilities Any employer served with a wage execution including the state and any municipality shall upon expiration the automatic stay execution and subject to any further stay pursuant to a claim pay over to the levying ficer such portion the judgment debtor's nonexempt earnings as the execution prescribes until the judgment is satisfied or the execution modified or set aside The payments to the levying ficer in compliance with the execution shall bar any action against the employer for such payments If the employer fails or refuses to pay the earnings levied against to the levying ficer the employer may be subjected to a turnover order pursuant to section 52-356b and on a finding contempt may be held liable to the judgment creditor for any amounts which he has so failed or refused to pay over Any amount so recovered by the judgment creditor shall be applied toward payment the judgment. Chapter 33 DISSOLUTION MARITAL STATUS   Subchapter A  General Provisions § 3701  Alimony (a)  General rule.--Where a divorce decree has been entered the court may allow alimony as it deems reasonable to either party only if it finds that alimony is necessary (b)  Factors relevant.--In determining whether alimony is necessary and in determining the nature amount duration and manner payment alimony the court shall consider all relevant factors including: (1)  Prior to the issuance an order to suspend nonrenew or deny a license the obligor or other individual shall be given advance notice The notice shall specify: (i)  The amount arrears owed if applicable (ii)  How when and where the notice can be contested. (1)  The relative earnings and earning capacities the parties (2)  The ages and the physical mental and emotional conditions the parties (3)  The sources income both parties including but not limited to medical retirement insurance or other benefits (4)  The expectancies and inheritances the parties. (A)  Factors.--In ordering any form custody the court shall determine the best interest the child by considering all relevant factors giving weighted consideration to those factors which affect the safety the child including the following: (1)  Which party is more likely to encourage and permit frequent and continuing contact between the child and another party Cross References.  Subchapter B is referred to in section 2504.1 this title; section 6351 Title 42 (Judiciary and Judicial Procedure) 23c2511s § 2511  Grounds for involuntary termination (a)  General rule.--The rights a parent in regard to a child may be terminated after a petition filed on any the following grounds: ( P. eff 60 days)   2014 Amendment  Act 32 added section 6311.1 Effective Date  Section 17 provided that notwithstanding section 4 section 6311.1 shall take effect December. 2014 Amendments  Act 32 amended subsec (a) and deleted subsec (b) Act 33 amended subsecs (a) and (c) and added subsec (b) Act 34 deleted subsec (d) Act 44 amended subsec (c) and Act 153 amended subsec (b)(1) intro par and added subsec (a)(15) Act 33 overlooked the amendment by Act 32 but the amendments do not conflict in substance and have both been given effect in setting forth the text subsec (b) Act 44 overlooked the amendment by Act 33 but the amendments do not conflict in substance (except for the deletion "assume the responsibility and," as to which Act 44 has been given effect) and have both been given effect in setting forth the text subsec (c) (I)  If the alleged perpetrator is a school employee or child-care service employee school administrators and child-care service employers shall receive notice a pending allegation and the final status the report following the investigation as to whether the report is indicated founded or unfounded (ii)  Information disclosed pursuant to this paragraph shall be provided to the school administrator or child-care service employer within ten days the completion the investigation (B)  Time.--A party contesting a registered convention support order must file a contest: (1)  Not later than 30 days after notice the registration if the contesting party resides in the United States (2)  Not later than 60 days after notice the registration if the contesting party does not reside in the United States (C)  Assessment penalty.--The court may impose a penalty not more than 10% on any amount in arrears for 30 days or more if the court determines that the arrearage was willful (d)  Arrearages.--If support arrearages exist at the time the entry the order the order shall specify all the following: (1)  To whom an arrearage is owed and the amount the arrearage. 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 23c8307v ( P. eff Jan 1 1998)   (8)  The attempts a parent to turn the child against the other parent except in cases domestic violence where reasonable safety measures are necessary to protect the child from harm (9)  Which party is more likely to maintain a loving stable consistent and nurturing relationship with the child adequate for the child's emotional needs (10)  Which party is more likely to attend to the daily physical emotional developmental educational and special needs. (B)  Seizure firearms other weapons and ammunition.--Subsequent to an arrest the police ficer or sheriff shall seize all firearms other weapons and ammunition used or threatened to be used during the violation the protection order or during prior incidents abuse and any other firearms in the defendant's possession As soon as it is reasonably possible the arresting ficer shall deliver the confiscated firearms other weapons and ammunition to the fice the sheriff The sheriff shall maintain possession the firearms other weapons and ammunition until the court issues an order specifying the firearms other weapons and ammunition to be relinquished and the persons to whom the firearms other weapons and ammunition shall be relinquished   Chapter 76  Registration Enforcement and Modification Support Order   Subchapter A  Registration for Enforcement Support Order (I)  is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child; (ii)  is a party to the Hague Convention on the Civil Aspects of International Child Abduction but: (A)  the Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country;   Sec 7615  Jurisdiction to modify child support order a foreign country 7616  Procedure to register child support order a foreign country for modification   (A)  General rule.--Except as otherwise provided in section 77A06 (relating to registration convention support order) a support order or income- order another state or a foreign support order may be registered in this State by sending all the following records to the appropriate tribunal in this State: (1)  A letter transmittal to the tribunal requesting registration and enforcement (2)  Two copies including one certified copy the order to be registered including any modification. 1997 Amendment  Act 58 amended the defs "income" and "order support" and added the defs "department," "obligee," "obligor" and "State disbursement unit." was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support 1996 Amendments  Act 20 added the def "consumer reporting agency" and Act 124 amended the def "income" and added the defs "government agency" and "labor organization." § 6114.1  Civil contempt or modification for violation 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 an order or court-approved agreement issued under this chapter or a foreign protection order (J)  Agency appeal final determination.--Within 30 days after notification that the fice Victim Advocate has made a final determination affirming the denial a State or local government agency's request for waiver an agency may file a petition for review or any such other document as permitted or required by general court rules The fice Victim Advocate shall be given notice any action commenced in accordance with this subsection or general rule and shall be afforded an opportunity to respond as permitted or required by general. 2004 Amendment.  Act 21 amended subsecs (c) and (d)(1) Section 2 Act 21 provided that the amendment subsecs (c) and (d)(1) shall apply to adoptions which are initiated on or after the effective date section 2 1992 Amendments.  Act 24 amended subsec (a) and Act 34 amended subsecs (c) and (d) Cross References.  Section 2711 is referred to in sections 2504 2533 2534 2701 2702. (10.1)  The Federal State and local tax ramifications associated with each asset to be divided distributed or assigned which ramifications need not be immediate and certain (10.2)  The expense sale transfer or liquidation associated with a particular asset which expense need not be immediate and certain (11)  Whether the party will be serving as the custodian any dependent minor children.   2004 Amendment  See section 29 Act 207 in the appendix to this title for special provisions relating to construction law Cross References  Section 6113 is referred to in sections 6105 6108 6121. 1993 Amendment  Act 62 added the def "genetic tests." 1988 Amendment  Act 35 added the def "judgment by operation law." References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services. § 5209  Warrant to take physical custody child (a)  Ex parte.--If a petition under this chapter contains allegations and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed the court may issue an ex parte warrant to take physical custody. (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 investigating a crime involving harm or threatened harm to a child an alleged violation section 6319 (relating to penalties for failure to report or to refer) or 6349 (relating to penalties) or an alleged violation 18 Pa.C.S § 4906.1 (relating to false reports child abuse) or 4958 (relating to intimidation retaliation or obstruction in child. ( P. eff imd.) 23c7610s § 7610  Effect registration for modification. (C)  Abuse.--If substantial allegations abuse the child are made the court shall appoint a guardian ad litem for the child if: (1)  counsel for the child is not appointed under section 5335 (relating to counsel for child); or (2)  the court is satisfied that the relevant information will be presented to the court only with such appointment (1)  This act shall apply to transfers made or obligations incurred on or after the effective date this act (2)  This act shall not apply to transfers made or obligations incurred before the effective date this act (3)  This act shall not apply to rights action that have accrued before the effective date the enacting legislation (A)  Administrative powers.--The department shall have Statewide jurisdiction to issue the following administrative orders to expedite the establishment and enforcement support on behalf any assistance recipient or nonrecipient receiving Title IV-D services: (1)  To order any individual to submit to genetic testing for the purpose paternity establishment (B)  Documentation required.--An application or direct request for recognition and enforcement a foreign support agreement must be accompanied by the following: (1)  A complete text the foreign support agreement (2)  A record stating that the foreign support agreement is enforceable as an order support in the issuing country (A)  award supervised visitation in a secure visitation facility; or (B)  deny the defendant custodial access to. Enactment.  subchapter E was added Decem P. effective in 90 days 23c2551s § 2551  Definitions 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: (C)  Title purchaser.--The sale real property under this section conveys to the purchaser or purchasers there a good and valid title to the property and vests in the purchaser or purchasers the entire title both the married persons in the same manner and with the same effect as if both married persons had joined in the conveyance the property 23c4362s § 4362  Plaintiff's share proceeds sale. His/her address is:                                                                                            (Check all. (4)  The educational experiences the adoptee including the name schools attended and dates enrollment academic performance extracurricular activities and special interests (5)  The current functioning the adoptee including behavioral patterns and relationships (6)  The circumstances surrounding the adoption. Chapter 63 CHILD PROTECTIVE SERVICES   Subchapter A  Preliminary Provisions (B)  Persons in institutions and foster homes.--Matters relating to the support persons living in public or private institutions or receiving foster home care and who are otherwise entitled to support under this chapter shall be determined by the court under the statutes pertaining to those institutions or foster homes 23c4302s § 4302  Definitions. 18 Pa.C.S § 3124.1 where the fense involved sexual intercourse 18 Pa.C.S § 3124.2 (relating to institutional sexual assault) where the fense involved sexual intercourse 18 Pa.C.S § 4302 (2)  A court may award any type custody set forth in section 5323 to a parent who has been convicted an fense under paragraph (1) if: (H.1)  Obligations employers.--Every employer doing business within this Commonwealth shall be obligated as follows: (1)  in any case in which a parent is required by a court order to provide health coverage for a child and the parent is eligible for family health coverage the employer shall permit the insured parent to enroll any child who is otherwise eligible without regard to any enrollment season restrictions; (3)  Notwithstanding paragraphs (1) and (2) if the court finds that exigent circumstances exist the court may approve the relocation pending an expedited full hearing (4)  If the court approves the proposed relocation it shall: (i)  modify any existing custody order; or (ii)  establish the terms and conditions a custody order. § 7211  Continuing exclusive jurisdiction to modify spousal support order   Chapter 73  Civil Provisions General Application   (F) After hearing the court shall render judgment determining the respective interests the parties and may order the disposition the property or its proceeds in accordance therewith (g) This section does not affect any interest in property any person who is not a party to a determination pursuant to the provisions this section (P.A 83-581 S 11 40; P.A 84-527 S 8.) History: P.A 84-527 amended Subsec (a) to allow making claim “upon application by the judgment creditor for a turnover order” Cited 205 C 604; 217 C 507; 222 C 793; 240 C 343 Cited 1 CA 291;. (H)  Escrow.--In the event that there is a dispute as to the amount arrears owed by the prevailing party beneficiary or claimant based on a mistake fact the amount in dispute shall be placed in escrow in the department's State disbursement unit by the prevailing party's or beneficiary's attorney and the escrowed funds shall not be distributed until the dispute is resolved In such event the distribution the remaining net proceeds the monetary award shall not be stayed A mistake fact as used in this subsection shall be limited to errors in the amount arrearage or mistaken identity Upon resolution the dispute the amount arrears shall be paid to the department's State disbursement unit Upon a finding which may be made ex parte that the health safety or liberty a party or child would be unreasonably put at risk by the disclosure identifying information or if an existing order so provides a tribunal shall order that the address the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this part 23c8310s § 8310  Nonparentage not a defense. Chapter 82  Jurisdiction   § 8201  Continuing exclusive jurisdiction 1994 Amendment  Act 150 amended subsecs (a) and (b) and added subsecs (d) (e) and (f) Section 5 Act 150 provided that the amendment section 5103 shall apply to all actions pending on the effective date Act 150 References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services by Act 132 2014 Cross References  Section 5103 is referred to in sections 2503 2504 2513 7201. (I)  first pay the family up to the amount arrearages that accrued after the family ceased to receive cash assistance from the Commonwealth; (II)  second treat the balance as reimbursement assistance in an amount not to exceed the total amount unreimbursed cash assistance paid to the family and: (a)  pay an amount equal to the Federal share the reimbursed amount to the Federal Government; and (4)  The record submitted under subsection (b) lacks authenticity or integrity (e)  Suspension during appeal.--A proceeding for recognition and enforcement a foreign support agreement must be suspended during the pendency a challenge to or appeal the agreement before a tribunal another state or a foreign country (3)  Upon failure the obligated parent to make this payment or reimburse the custodial parent and after compliance with due process requirements treat the amount as arrearages (k)  Enforcement against insurers.--Any insurer or other entity which violates the obligations imposed upon it under subsection (g) or (h) shall be civilly liable for damages and may be adjudicated in contempt and fined by. § 1902  Actions for breach promise to marry abolished § 1903  Purpose chapter § 1904  Filing or threatening to file actions prohibited (3)  The age and sex each subject the report (4)  The nature and extent the suspected child abuse including any evidence prior abuse to the child or any sibling the child (5)  The name and relationship each individual responsible for causing the suspected abuse and any evidence prior abuse by each individual (6)  Family composition. (C)  The name address date birth and the Social Security number the third party (D)  A list the firearms other weapons and ammunition which will be relinquished to the third party including if applicable the manufacturer model and serial number (E)  An acknowledgment that no firearm other weapon or ammunition relinquished to the third party will be returned to the defendant until the sheriff accepts return the safekeeping permit pursuant to subsection (d) Enforcement SUPPORT ORDER WITHOUT REGISTRATION   Sec 7501  Employer's receipt income- order another state. Christmas Vacation (1)  The individual has been a resident this Commonwealth during the entirety the previous 10-year period or if not a resident this Commonwealth during the entirety the previous 10-year period has received certification under subsection (b)(3) at any time since establishing residency in this Commonwealth and provides a copy the certification to the employer Within 12 months the effective date this section the Department Public Welfare shall submit a report to the Governor and General Assembly on implementation child abuse and criminal history information requirements under the act Decem (P. ) entitled "An act amending Title 23 (Domestic Relations) the Pennsylvania Consolidated Statutes further providing for information relating to prospective child-care personnel." Information shall include but not be limited to: I acknowledge that I have been advised or know and understand that the birth father or putative father may revoke the consent to the adoption this child within 30 days after the later the birth the child or the date he has executed the consent to an adoption and that the birth mother may revoke the consent to an adoption this child within 30 days after the date she has executed the consent (7)  A copy the preplacement report prepared pursuant to section 2530 (relating to home study and preplacement report) (3)  knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of or visitation with the child and if so the names and addresses of those persons (b)  Stay.--If the information required by subsection (a) is not furnished the court upon motion of a party or its own motion may stay the proceeding until the information is furnished ( P. eff imd.)   Cross References  Section 7602 is referred to in section 77A06 this title 23c7603s § 7603  Effect registration for enforcement. 2713  When other consents not required 2714  When consent parent not required 23c2711s § 2711  Consents necessary to adoption. (2)  In addition this act shall apply to all pending actions for support This section shall not supersede or modify the express terms 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. (7) “Obligee” means any person or entity which is entitled to receive support under an order support and shall include an agency another jurisdiction to which a person has assigned his or her right to support (8) “Obligor” means any person required to make payments under the terms a support order for a child spouse or former spouse (9) “Payer” means any payer income (10) “Support order” means any order decree or judgment for the support or for the payment arrearages on such support a child spouse or former spouse issued by a court or agency another jurisdiction whether interlocutory or final whether or not prospectively or retroactively modifiable whether incidental to a proceeding for divorce judicial or legal separation separate maintenance paternity guardianship civil protection or otherwise. (4)  If the information obtained pursuant to subsection (b) reveals that the applicant is disqualified from employment pursuant to subsection (c) the applicant shall be immediately dismissed by the employer administrator supervisor or other person responsible for employment decisions (5)  The employer administrator supervisor or other person responsible for employment decisions requires that the applicant not be permitted to work alone with children and that the applicant work in the immediate vicinity a permanent employee   Cross References.  Section 5428 is referred to in section 5421 this title 23c5429s § 5429  Information to be submitted. (5)  A name redaction request form removed from an adoption file shall be destroyed (6)  The Department Health shall include on its Internet website information about birth parents' name redaction request forms All the following information shall be provided: (i)  The purpose. (1)  whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and if so what the basis was; (2)  whether the determination for which enforcement is sought has been vacated stayed or modified by a court whose decision must be enforced under this chapter and if so identify the court the case number and the nature the proceeding; Whenever married persons have acquired real estate as tenants by entireties and thereafter are divorced either former spouse except as otherwise provided by an order made under this chapter may convey to the other without the joinder the other the grantor's interest in the real estate so that the grantee holds the real estate in fee simple freed from all right title and interest which the grantor had in the real estate as a tenant by the entireties 23c3701h   "weapon."  Anything readily capable lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have The term includes a firearm which is not loaded or lacks a magazine clip or other components to render it immediately operable and components which can readily be assembled into a weapon as defined by 18 Pa.C.S § 907 (relating to possessing instruments crime) (b)  Other terms.--Terms not otherwise defined in this chapter shall have the meaning given to them in 18 Pa.C.S (relating to crimes and fenses) 4343  Paternity 4344  Contempt for failure obligor to appear 4345  Contempt for noncompliance with support order 4346  Contempt for noncompliance with visitation or partial custody order (Repealed). (Vi)  Directing the sheriff to levy and sell other real or personal property (11)  Transmit to another state a request for assistance in a case involving the enforcement a support order and sufficient information to enable the state to which the request is transmitted to compare the information to the information in the data bases the state The transmittal shall serve as a certification arrears and a certification that the state has complied with all procedural due process requirements applicable to.   (Telephone number)" 6382  Guardian ad litem for child in court proceedings (Repealed) 6383  Education and training 6384  Legislative oversight 6385  Reimbursement to county agencies. (1)  Apply to a situation involving child abuse (2)  Relieve the mandated reporter the duty to make a report suspected child abuse (b)  Confidential communications.--The following protections. (A)  General duty.--In a proceeding under this part a support enforcement agency this State upon request: (1)  Shall provide services to a petitioner residing in a state (2)  Shall provide services to a petitioner requesting services through a central authority a foreign country as defined in paragraph (1) or (4) the definition "foreign country" in section 7101.1 (relating to definitions) (D)  Putative father.--If a putative father will not file a petition to voluntarily relinquish his parental rights pursuant to section 2501 (relating to relinquishment to agency) or 2502 (relating to relinquishment to adult intending to adopt child) has been given notice the hearing being held pursuant to this section and fails to either appear at that hearing for the purpose objecting to termination his parental rights or file a written objection to such termination with the court prior to the hearing and has not filed an acknowledgment paternity or claim paternity pursuant to section 5103 the court may enter a decree terminating the parental rights the putative father pursuant to subsection (c) (I) An applicant for employment or an employee subject to an order for issued pursuant to this section shall have the same protection from discipline suspension or discharge by an employer as provided in section 52-361a (j) There shall be a fine not more than one thousand dollars imposed on any employer who discharges from employment refuses to employ takes disciplinary action against or discriminates against an employee subject to an order for issued pursuant to this section because the existence such order for and the obligations or additional obligations which it imposes upon the employer. § 4601  Scope chapter § 4602  Definitions § 4603  Relatives' liability; procedure § 4326  Mandatory inclusion child medical support (a)  General rule.--In every proceeding to establish or modify an order which requires the payment child support the court shall ascertain the ability each parent to provide medical support for the children the parties and the order shall include a requirement for medical support to be provided by either or both parents provided that such medical support is accessible to the children Enactment  Chapter 27 was added Octo P. effective January 1 1981     SUBCHAPTER A PETITION "child custody determination."  A judgment decree or other order 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 an individual     CHAPTER 1 PRELIMINARY PROVISIONS   Sec. (B)  Notice.--At least ten days' notice shall be given to the parent or parents putative father or parent a minor parent whose rights are to be terminated by personal service or by registered mail to his or their last known address or by such other means as the court may require A copy the notice shall be given in the same manner to the other parent putative father or parent or guardian a minor parent whose rights are to be terminated A putative father shall include one who has filed a claim paternity as provided in section 5103 (relating to acknowledgment and claim paternity) prior to the institution proceedings The notice shall state the following: (6)  A clergyman priest rabbi minister Christian Science practitioner religious healer or spiritual leader any regularly established church or other religious organization (7)  An individual paid or unpaid who on the basis the individual's role as an integral part a regularly scheduled program activity or service is a person responsible for the child's welfare or has direct contact with children (8)  An employee a social services agency who has direct contact with children in the course employment Sec 52-362a Welfare support executions Section 52-362a is repealed (1969 P.A 551 S 1 2; 1971 P.A 195; P.A 85-548 S 11.) (Return to ChapterTable Contents) (Return toList Chapters) (Return toList Titles) Sec 52-362b Priority voluntary wage deduction authorization for support over wage executions A voluntary wage deduction authorization for payment amounts due for support in public welfare cases shall have the same priority over executions issued under section 52-361a as is provided for executions issued under section 52-362 (1969 P.A 220; P.A 83-581. (D)  Record divorce decree.--No decree divorce shall be effective to change the existing law relating to liens upon property held by tenants by the entireties except a decree divorce that is valid in this Commonwealth and not until the decree divorce or a certified copy the decree is recorded in the fice the recorder deeds the county where the property is situate The decree shall be indexed in the grantor's index against each the tenants by the entireties 23c3507v   (C)  Tribunal.--A tribunal this State that has continuing exclusive jurisdiction over a spousal support order may serve as: (1)  an initiating tribunal to request a tribunal another state to enforce the spousal support order issued in this State; or (2)  a responding tribunal to enforce or modify the  spousal support order issued by the tribunal. 2013 Amendment  Act 107 added section 5329.1 See section 6 Act 107 in the appendix to this title for special provisions relating to applicability References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services by Act 132 2014 Cross References  Section 5329.1 is referred to in sections 5328 6340 this title; section 6307 Title 42 (Judiciary and Judicial Procedure) (Viii)  A representative a children's advocacy center that provides services to children in the county The individual under this subparagraph must not be an employee the county agency (ix)  The county coroner or forensic pathologist (x)  A representative a local domestic violence program (xi)  A representative a local drug and alcohol program. (2)  A first fense under paragraph (1) shall be graded as a felony the third degree if it is committed by any person who has previously been convicted a crime violence involving the program participant under paragraph (1) or the program participant's family or household member as defined in section 6102 (relating to definitions) including: 18 Pa.C.S § 2701 (relating to simple assault); 18 Pa.C.S § 2702 (relating to aggravated assault); "court."  The court common pleas "Intermediary."  Any person or persons or agency acting between the parent or parents and the proposed adoptive parent or parents in arranging an adoption placement "Medical history information."  Medical records and other information concerning an adoptee or an adoptee's natural family which is relevant to the adoptee's present or future health care or medical treatment The term includes: If a petition complaint or comparable pleading is received by an inappropriate tribunal it shall forward the pleading and accompanying documents to an appropriate tribunal and notify the petitioner by first class mail where and when the pleading was sent 23c8306s § 8306  Duties support enforcement agency. (J P. eff imd.; Oct 6 1994 P. eff 60 days; P. eff 60 days; P. eff imd.; Dec 9 2002 P. eff 60 days; P. eff 180 days)   References in Text  Chapter 45 referred to in subsec (a)(5) was repealed by the act April 4 1996 P. The subject matter is now contained in Parts VIII and VIII-A. (Witness's signature)         (Witness's signature) _________________________    ___________________________ (Number and Street)           (Number and Street) __________________________   ___________________________ Cross References.  Section 2553 is referred to in section 2555 this title 23c2554s § 2554  Responsibilities PACE PACE shall be responsible for the following: 2926  Rules and regulations   Enactment  Subchapter C was added Octo P. effective in 180 days Cross References  Subchapter C is referred to in sections 2933 2934. (D)  Reasons for award.--The court shall delineate the reasons for its decision on the record in open court or in a written opinion or order (e)  Safety conditions.--After considering the factors under section 5328(a)(2) if the court finds that there is an ongoing risk harm to the child or an abused party and awards any form custody to a party who committed the abuse or who has a household member who committed the abuse the court shall include in the custody order safety conditions designed to protect the child or the abused party § 2530  Home study and preplacement report (a)  General rule.--No intermediary shall place a child in the physical care or custody a prospective adoptive parent or parents unless a home study containing a favorable recommendation for placement 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. § 6347  Reports to Governor and General Assembly. (6)  To issue administrative subpoenas for financial or other information needed to establish modify or enforce a support order (7)  To issue orders directing an obligor or other payor to change the payee a support order (8)  To order income (2) An income order issued in another state and received directly by an employer in this state shall be subject to the procedures in sections 46b-358 to 46b-364 inclusive Such employer shall in addition to following the procedures in said sections immediately provide to the obligor a copy the notice and claim form provided by the Department Social Services pursuant to subparagraph (A) this subdivision. Sections 5410 (relating to communication between courts) 5411 (relating to taking testimony in another state) and 5412 (relating to cooperation between courts; preservation records) apply to cooperation and communication among courts in proceedings under this chapter 23c5204s § 5204  Actions for abduction prevention measures. Attacks UPON DECREES   Sec 3331.  Limitations on attacks upon decrees 3332.  Opening or vacating decrees. (A)  Examinations and tests for syphilis.--(Repealed) (b)  Minors.-- (1)  No license may be issued if either the applicants for a license is under 16 years age unless the court decides that it is to the best interest the applicant and authorizes the issuance the license (Iv)  A person 14 years age or older and responsible for the child's welfare or having direct contact with children as an employee child-care services a school or through a program activity or service (v)  An individual 14 years age or older who resides in the same home as the child (vi)  An individual 18 years age or older who does not reside in the same home as the child but is related within the third degree consanguinity or affinity by birth or adoption to.   Sec 7901  Uniformity application and construction   Enactment  Chapter 79 was added April 4 1996 P. effective immediately § 6114  Contempt for violation order or agreement (a)  General rule.--Where the police sheriff or the plaintiff have filed charges indirect criminal contempt against a defendant for violation 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. (I)  An acknowledgment that the third party is not subject to an active protection from abuse order (J)  An acknowledgment that the defendant has never been the subject a protection from abuse order issued on behalf the. 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: "Application."  A request under the convention by an obligee or obligor or on behalf a child made through a central authority for assistance from another central authority This subchapter shall not be construed to limit or delay actions by agencies or institutions to arrange for adoptions or other related matters on their own initiative and shall not alter or restrict the duties authority and confidentiality the agencies and institutions in those matters 23c2557s § 2557  Regulations. (5) Levy under this section on property held by or a debt due from a third person shall bar an action for such property against the third person provided the third person acted in compliance with the execution (6) If the levying ficer cannot remove any property on which he seeks to levy without the danger injury thereto he may levy on and take possession the property by posting on or adjacent to the property a conspicuous notice the levy (7) Subject to the provisions section 52-328 if the property to be executed against is already subject to an attachment garnishment or judgment lien the judgment creditor as security for that judgment the priority the execution shall hold from the date perfecting the attachment garnishment or other lien A sale pursuant to the execution forecloses any interest acquired as a result the attachment garnishment or judgment lien. 1998 Amendment.  Act 127 amended subsec (b) 23c6303s § 6303  Definitions (a)  General rule.--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:   Chapter 61  Protection from Abuse   § 6101  Short title chapter 6344.2 Volunteers having contact with children 6344.3 Continued employment or participation in program activity or service 6344.4 Recertification 6345  Audits by Attorney General 6346  Cooperation other agencies. (2)  With respect to child protective services or general protective services under Chapter 63: (i)  Whether a party or a member a party's household has been provided services (ii)  The type services provided (iii)  The circumstances surrounding the provision services. (4.1)  requires that if health care coverage is provided through the noncustodial parent's employer and that parent changes employment the provisions the order will remain in effect for the duration the order and will automatically apply to the new employer The new employer shall enroll the child in health care coverage without need for an amended order unless the noncustodial parent contests the enrollment; and (5)  includes the name and address the custodial parent. "labor organization."  The term shall have the meaning given the term in section 2(5) the National Labor Relations Act (49 Stat 449 29 U.S.C § 151 et seq.) and shall include an entity used by the organization and an employer to carry out requirements an agreement between the organization and the employer as set forth in section 8(f)(3) the National Labor Relations Act "Net income."  Gross income minus taxes and any other deductions mandated by the employer as a condition employment Cited 178 C 675; 222 C 361; 238 C 778 Cited 22 CA 260; 33 CA 365 Trial court improperly created an exemption not provided by statute 49 CA 503 Subdiv (t): Trial court lacked subject matter jurisdiction to act on homestead exemption claim to protect proceeds from voluntary sale from a judgment lien creditor 130 CA 115 Once a foreclosure sale is confirmed and reduced to proceeds homestead exemption rights attach to the proceeds the sale 156 CA 778 If prejudgment remedies are possible only to extent equity in family home the homestead exemption attachment as means debt collection would be limited use. (1)  The obligee submits to the jurisdiction a tribunal this State either expressly or by defending on the merits the case without objecting to the jurisdiction at the first available opportunity (2)  The foreign tribunal lacks or refuses to exercise jurisdiction to modify the support order or issue a new support order Registration AND MODIFICATION CHILD SUPPORT ORDER ANOTHER STATE   Sec 7609  Procedure to register child support order another state for modification. 2008 Amendment  Act 16 added subsec (a.1) retroactive to Ma 1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support Cross References  Section 4351 is referred to in section 4374. (C)  Hearing and decree.--After notice and hearing the court shall make such decree as shall be proper At the hearing both spouses shall be competent witnesses 23c4362v   Cross References.  Section 4362 is referred to in section 4365. Sec 52-367b Execution against debts due from financial institution Natural person as judgment debtor (a) Exempt debts Execution may be granted pursuant to this section against any debts due from any financial institution to a judgment debtor who is a natural person except to the extent such debts are protected from execution by sections 52-352a 52-352b 52-352c the general statutes revision 1958 revised to 1983 52-354 the general statutes revision 1958 revised to 1983 52-361 the general statutes revision 1958 revised to 1983 and section 52-361a as well as by any other laws or regulations this state or the United States which exempt such debts from execution. 1997 Amendment   was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support 23c8308s § 8308  Private counsel. § 6301  Short title chapter § 6302  Findings and purpose chapter § 6303  Definitions (P.a 83-581 S 7 40; P.A 84-527 S 5; P.A 85-346 S 2; P.A 97-86 S 1; P.A 01-186. (C)  Irretrievable breakdown.--Whenever the court orders a continuation period as provided for irretrievable breakdown in section 3301(d)(2) the court shall require up to a maximum three counseling sessions within the time period where either the parties requests it or may require such counseling where the parties have at least one child under 16. ( P. eff imd.)   Cross References  Section 7206 is referred to in sections 7202.1 7207 this title 23c7207h     1905  Instruments executed in satisfaction abolished claims prohibited   Enactment  Chapter 19 was added Decem P. effective in 90 days 23c1901s § 1901  Actions for alienation affections abolished. (7)  Make effective the orders support entered (8)  Furnish the court with such information and assistance as it may require and generally perform such services as it may direct relating to support proceedings (9)  Inform both parties to a support action that guidelines as specified in section 4322 (relating to support guidelines) are available in the domestic relations section § 7616  Procedure to register child support order a foreign country for modification   Chapter 77  Determination Parentage (Repealed)   (4)  A report suspected child abuse to law enforcement or the appropriate county agency by a mandated reporter made in lieu a report to the department shall not constitute an fense under this subsection provided that the report was made in a good faith effort to comply with the requirements this chapter (2)  The prothonotary shall send on a form prescribed by the Pennsylvania State Police a copy the protection order or approved consent agreement to the Statewide registry protection orders so that it is received within 24 hours the entry the order Likewise amendments to or revocation an order shall be transmitted by the prothonotary within 24 hours the entry the order for modification or revocation The Pennsylvania State Police shall enter orders amendments and revocations in the Statewide registry protection orders within eight hours receipt Vacated or expired orders shall be purged from the registry "support."  Care maintenance and financial assistance 23c4302v ( P. eff imd.; July 2 1993 P. eff imd.; Apr 4 1996 P. eff imd.; P. eff 60 days; P. eff Jan 1 1998; P. eff imd.)   Subchapter B PROCEEDINGS INVOLVING TWO OR MORE STATES OR A FOREIGN COUNTRY   Sec.   SUBCHAPTER B RECORDS AND ACCESS TO INFORMATION   Sec. § 4605  Recovery money (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 money which is due the person (V)  Any portion any order or any petition or other paper which includes a list any firearm other weapon or ammunition ordered relinquished shall be kept in the files the court as a permanent record there and withheld from public inspection except: (A)  upon an order the court granted upon cause shown; (B)  as necessary by law enforcement and court personnel; or (A)  General rule.--A support order may be registered by sending the following documents and information to the appropriate tribunal: (1)  A letter transmittal to the tribunal requesting registration and enforcement (2)  Two copies including one certified copy the order to be registered including any modification. (C)  Restriction.--A tribunal this State may not modify any aspect a child support order that may not be modified under the law the issuing state including the duration the obligation support If two or more tribunals have issued child support orders for the same obligor and child the order that controls and must be so recognized under section 7207 (relating to determination controlling child support order) establishes the aspects the support order which are not modifiable § 7603  Effect registration for enforcement § 7604  Choice law   Subchapter B  Contest Validity or Enforcement § 2101  Short title part This part shall be known and may be cited as the "Adoption Act." 23c2102s § 2102  Definitions. "person."  An individual corporation business trust estate trust partnership limited liability company association joint venture public corporation government or governmental subdivision or agency or instrumentality or any other legal or commercial entity "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 (2)  a money judgment for arrears support and interest on the order that accrued before a determination that an order a tribunal another state is the controlling order (b)  Responding tribunal.--A tribunal this State having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order (c)  Lack jurisdiction.--(Deleted by amendment) (2)  The present and past abuse committed by a party or member the party's household whether there is a continued risk harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision the child (2.1)  The information set forth in section 5329.1(a) (relating to consideration child abuse and involvement with protective services) (3)  The parental duties performed by each party on behalf. (E) The Commissioner Social Services shall adopt regulations in accordance with chapter 54 setting forth procedures in compliance with federal law and regulations under Title IV-D the Social Security Act providing for adequate notice (1) the right to a review by Support Enforcement Services the Superior Court (2) the right to a fair hearing before a hearing ficer (3) a list available defenses including the defense described in section 52-362h and (4) procedures for a fair hearing for any person who is alleged to owe past-due support and is subject to the provisions this section (P.A 85-548 S 10; P.A 86-359 S 39 44; P.A 90-213 S 41 56; P.A 91-391 S 11; P.A 92-253 S 5; P.A 93-262 S 1 87; 93-396 S 19; May Sp Sess P.A 94-5 S 10 30; P.A 95-305 S 4 6; June 18 Sp Sess P.A 97-2 S 110 165; June 18 Sp Sess P.A 97-7 S 30 38; P.A 01-91 S 24; P.A 03-109 S 2; P.A 07-247. 2004 Amendment See section 29 Act 207 in the appendix to this title for special provisions relating to construction law 2001 Amendment  Act 39 added the defs "certified copy," "comparable court" and "foreign protection order" in subsec (a) 1995 Amendment  Act 10 1st amended the def "abuse" in subsec (a) (A)  Evidence supporting risk.--In determining whether there is a credible risk abduction a child the court shall consider any evidence that the petitioner or respondent: (1)  has previously abducted or attempted to abduct the child; (2)  has threatened to abduct the child; (3)  has recently engaged in activities that may indicate a planned abduction including: 2014 Amendment  Act 29 amended subsec (a) Cross References  Section 6342 is referred to in sections 6335 6336 this title 23c6343s § 6343  Investigating performance county agency. No later than 12 hours 24 hours 1 week 1 month The parent being asked for a change will reply in person by letter/mail by phone No. Sec 52-352d Exempt property farm partnership Sec 52-353 Levy on and sale personal property exempt to a certain amount Secs 52-354 and 52-355 Exemption sick benefits and insurance moneys Exemption body from execution Sec 52-355a Judgment lien on personal property Sec 52-356 Levy on personal estate Sec 52-356a Execution against certain nonexempt personal property Fees Sec 52-356b Court order for transfer specified property or evidence Sec 52-356c Determination interests in disputed property. (A)  General rule.--Upon the request either party in an action for divorce or the court shall equitably divide distribute or assign in kind or otherwise the marital property between the parties without regard to marital misconduct in such percentages and in such manner as the court deems just after considering all relevant factors The court may consider each marital asset or group assets independently and apply a different percentage to each marital asset or group assets Factors which are relevant to the equitable division marital property include the following: (1)  The length the (Q) The judges the Superior Court may adopt any rules they deem necessary to implement the provisions this section and sections 46b-69a 46b-178 and 52-361a and such judges or their designee shall prescribe any forms required to implement such provisions. § 5412  Cooperation between courts; preservation records   Subchapter B  Jurisdiction   Sec 52-399 Commitment debtor for contempt Any judge before whom any such examination is ordered may commit the judgment debtor for contempt in case his neglect or refusal to attend or be sworn at the examination or to answer any question put to him during the examination and any such neglect or refusal if the examination is ordered or had before a committee may be by such committee reported to the judge by whom he was appointed which judge may thereupon proceed for the contempt as fully as if the examination had been ordered or had before himself (1949 Rev S 8143.) Cited. (1)  renders a child chronically and severely anxious agitated depressed socially withdrawn psychotic or in reasonable fear that the child's life or safety is threatened; or (2)  seriously interferes with a child's ability to accomplish age-appropriate developmental and social tasks "Serious physical injury."  (Deleted by amendment) Cross References  Section 6344.3 is referred to in section 6340 this title § 6344.4  Recertification New certifications shall be obtained in accordance with the following: (1)  School employees governed by the provisions the act Ma (P. ) known as the Public School Code 1949 shall be subject to the provisions section 111 the Public School Code 1949 except that this section shall apply with regard to the certification required under subsection (b)(2) (2)  (i)  School employees not governed by the provisions the Public School Code 1949 shall be governed by this section Cross References  Section 3323 is referred to in sections  2106 2203 2507 6111.1 6111.2 Title 20 (Decedents Estates and Fiduciaries) 23c3331h     SUBCHAPTER C 5455.  role prosecutor or public ficial 5456.  Role law enforcement 5457.  Costs and expenses   Cross References.  Subchapter C is referred to in sections 5402 5404 5405. (I)  the travel itinerary the child; (ii)  a list physical addresses and telephone numbers at which the child can be reached at specified times; and (iii)  copies all travel documents; (2)  a prohibition the respondent directly or indirectly: (I)  The date the lien for purposes determining priority shall be determined separately for each unpaid overdue support payment The date shall be the later : (A)  the date the obligor obtains a real property interest which may be subject to a lien; (B)  the date the overdue support becomes a lien under paragraph (1); or (C)  January. "determination incapacity."  A written finding made by an attending physician which states the nature extent and probable duration the designator's mental or organic incapacity "Incapacity."  A chronic and substantial inability resulting from a mental or organic impairment to understand the nature and consequences decisions concerning the care the designator's dependent minor and a consequent inability to care for. (B)  Court.-- (1)  If a court is satisfied that a request could cause physical or emotional harm to the requesting individual or others the court receiving a request for identifying information or contact may decline to perform a search (2)  A court that declines to conduct a search shall inform the requesting individual its decision in writing and the procedures for appeal that decision The department shall establish procedures regarding the following different responses to address suspected child abuse and protective services depending on the person's allegedly committing the suspected child abuse or causing a child to be in need protective services: (1)  If the suspected child abuse is alleged to have been committed by a perpetrator the appropriate county agency shall investigate the allegation as provided in this chapter 2016 Amendment  Act 127 added the def "noncertified copy original birth record" and deleted the def "summary original birth record." References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services by Act 132 2014 23c2912s § 2912  Combined request for information. (A)  Primacy Indian Child Welfare Act.--A child custody proceeding that pertains to a Native American child as defined in the Indian Child Welfare Act 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 1978 (b)  Tribe treated as state.--A court this Commonwealth shall treat a tribe as if it were a state the United States for the purpose applying Subchapter B (relating to jurisdiction) and this subchapter (Iii)  Any information received from states with reciprocal enforcement child support relative to arrearages court-ordered child support (2)  Furnish the Department Revenue with the following information: (i)  The department identifier (ii)  The obligor's full name and Social Security number. Choice School Both parents decide together / Plaintiff / Defendant Choice Study Both parents decide together / Plaintiff / Defendant School Activities Both parents decide together / Plaintiff / Defendant Sports Activities Both parents decide together / Plaintiff / Defendant ( P. eff 60 days)   Cross References.  Section 4345 is referred to in sections 4326 4353 this title 23c4346s § 4346  Contempt for noncompliance with visitation or partial custody order (Repealed). (3)  The receipt educational loans and other financial assistance by the student (4)  The ability willingness and desire the student to pursue and complete the course study (5)  Any willful estrangement between parent and student caused by the student after attaining majority Cross References.  Section 5505 is referred to in sections 5503 5504 this title 23c5506s § 5506  Double recovery for same injury prohibited 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 (5)  Whether there is an established pattern conduct either party to promote or thwart the relationship the child and the other party (6)  Whether the relocation will enhance the general quality life for the party seeking the relocation including but not limited to financial or emotional benefit or educational opportunity (7)  Whether the relocation will enhance the general quality life for the child including but not limited to financial or emotional benefit or educational opportunity (2)  a court this Commonwealth or a court the other state determines that the child the child's parents and any person acting as a parent do not presently reside in the other state 23c5423v   Cross References  Section 5423 is referred to in sections 5210 5422 5424 5428. § 6108.1  Return relinquished firearms other weapons and ammunition and additional relief. (B) In the case a consumer judgment the court may provide that compliance with the installment payment order other than with an order for nominal payments pursuant to subsection (c) this section shall stay any property execution or foreclosure pursuant to that judgment provided such a stay is reasonable considering the nature the debt and the financial circumstances the judgment debtor In the case a judgment arising out services provided at a hospital the court shall provide that compliance with the installment payment order shall stay any property execution or foreclosure pursuant to that judgment including but not limited to execution on wages execution on bank accounts and execution on or foreclosure real property. § 6705  Application and certification process § 6706  Cancellation expiration and voluntary withdrawal § 6707  Agency use designated address § 4501 - § 4540 (Repealed)   Chapter 46  Support the Indigent   (B)  Good faith.--In the hearing on a petition under this chapter the court shall consider any evidence that the respondent believed in good faith that the respondent's conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child 23c5207v   5207  Factors to determine risk abduction 5208  Provisions and measures to prevent abduction 5209  Warrant to take physical custody child 5210  Duration abduction prevention order. (4)  The need for stability and continuity in the child's education family life and community life (5)  The availability extended family (6)  The child's sibling relationships (7)  The well-reasoned preference the child based on the child's maturity and judgment. (1)  The final status any assessment general protective services or an investigation child abuse if the report child abuse is indicated or founded (2)  Information on an unfounded report child abuse if the certified medical practitioner made the report as a mandated reporter under section 6311 (3)  If accepted for services any service provided arranged for or to be provided by the county agency ( P. eff 60 days; P. eff 60 days)   References in Text  The Department Public Welfare referred to in this section was redesignated as the Department Human Services by Act 132 2014 23c2911h   (2)  Petitioning to have his paternity adjudicated (3)  Identified as the father the child through genetic testing (4)  An alleged father who has declined to submit to genetic testing (5)  Shown by clear and convincing evidence to be the father. (D)  Definition.--As used in this section the term "active military service" means active service in any the armed services or forces the United States or this Commonwealth 23c1306v ( P. eff 60 days) 23c1307s § 1307  Issuance license.   Chapter 1  Preliminary Provisions   Enactment  Part I was added Decem P. effective in. (I)  shall satisfy the lien promptly upon payment but no later than 60 days following receipt the payment; (ii)  may charge a fee not to exceed the lesser its estimated cost producing the report or $20 for the issuance a lien certification or other written report the overdue support obligations an obligor; (Iv)  The willingness and ability the birth relative to respect and appreciate the bond between the child and prospective adoptive parent (v)  The willingness and ability the prospective adoptive parent to respect and appreciate the bond between the child and the birth relative (vi)  Any evidence abuse or neglect. § 3332  Opening or vacating decrees. Cross References  Section 6343 is referred to in sections 6335 6340 6368 of this title § 6343.1  Citizen review panels. (K)  Adjudication dependency.--The county agency shall maintain its responsibility for petitioning the court when necessary for the adjudication dependency 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 a court proceeding in accordance with the purposes this chapter (8)  An itemized accounting moneys and consideration paid or to be paid to or received by the intermediary or to or by any other person or persons to the knowledge the intermediary by reason the adoption placement (9)  A full description and statement the value all property owned or possessed by the child (10)  A statement that no provision any statute regulating the interstate placement children has been violated with respect to the placement. Temporary changes to this parenting schedule From time to time one you might want or need to rearrange the parenting time schedule due to work family or other events You can attempt to agree on these changes If you cannot agree the parent receiving the request will make the final decision The parent asking for the change will ask in person by letter/mail. ( P. eff Jan 1 1998; P. eff imd.)   1997 Amendment  Act 58 amended the defs "income- order," "initiating state," "responding state" and "state" in subsec (b) was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support Subchapter D INTRASTATE APPLICATION   Sec 5471.  Intrastate application. 1989 Amendment  Act 81 amended subsecs (a) and (b) Cross References  Section 4348 is referred to in sections 4305 4326 7101.1 7605 8101 this title 23c4349s § 4349  Consolidation proceedings. 5702  County responsibilities 5703  Law enforcement responsibilities   Enactment  Chapter 57 was added Decem P. effective January. The following persons shall be eligible to apply to become program participants: (1)  A victim domestic violence who files an affidavit with the fice Victim Advocate stating the affiant's eligibility for a protection from abuse order and further stating that the affiant fears future violent acts by the perpetrator. Subchapter Heading  The heading Subchapter A was amended Decem P. effective immediately Cross References  Subchapter A is referred to in sections 7609 7616 this title 23c7601s § 7601  Registration order for enforcement. (2)  Set forth sanctions for administrators who willfully hire applicants in violation this section or in violation the regulations promulgated under this section (h)  Fees.--(Repealed) (h.1)  Form payment.--Payment the fee authorized under subsection (h) may be made by an individual or organization by check money order credit card or. § 77A07  Contest registered convention support order (a)  Applicability.--Except as otherwise provided in this chapter sections 7605 (relating to notice registration order) 7606 (relating to procedure to contest validity or enforcement registered support order) 7607 (relating to contest registration or enforcement) and 7608 (relating to confirmed order) apply to a contest a registered convention support order "cooperation with an investigation or assessment."  Includes but is not limited to a school or school district which permits authorized personnel from the department or county agency to interview a student while the student is in attendance at school "County agency."  The county children and youth social service agency established pursuant to section 405 the act J (P. ) known as the County Institution District Law or its successor and supervised by the department under Article IX the act J (P. ) known as the Public Welfare Code § 6365  Services for prevention investigation and treatment.     Will both you attend? (C)  Standing.--An applicant or recipient shall have standing to commence an action to obtain support for any child with respect to whom the applicant or recipient claims assistance 23c4378v ( P. eff Oct 1 2009)   (E)  Definition.--As used in this section the term "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form 23c5410v   Cross References  Section 5410 is referred to in section 5203. § 4363  Trustee to distribute proceeds sale (a)  Appointment trustee.--The court shall at the time the hearing or thereafter appoint a trustee who shall receive from the sheriff the proceeds the sale the property after the costs have. (7)  Explain the proceedings to the child to the extent appropriate given the child's age mental condition and emotional condition (8)  Advise the court the child's wishes to the extent that they can be ascertained and present to the court whatever evidence exists to support the child's wishes When appropriate because the age or mental and emotional condition the child determine to the fullest extent possible the wishes the child and communicate this information to the court A difference between the child's wishes under this paragraph and the recommendations under paragraph (6) shall not be considered a conflict interest for the guardian. (2)  Any petition to modify a custody order under 23 Pa.C.S Ch 53 that is filed on or after the effective date this section   Explanatory Note  Act 107 amended or added sections 5328 5329.1 6340 and 6375 Title 23 and sections 6307 and 6308 Title 42   Cross References.  Chapter 78 is referred to in section 7613 this title 23c7801s § 7801  Grounds for rendition (a)  Definition Governor.--For purposes this chapter "Governor" includes an individual performing the functions Governor or the executive authority a state covered by. (5)  If there is no intermediary or if no report the intermediary has been filed or if the adoptee is over the age 18 years all vital statistics and other information enumerated and required to be stated record by section 2533 so far as applicable (6)  If a change in name 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 (F)  Equity power and jurisdiction the court.--In all matrimonial causes the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests the parties or to effectuate the purposes this part and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition the cause (g)  Grounds established.--For purposes subsections (c.1) and (d.1) grounds are established as follows:   Cross References  Section 5702 is referred to in section 5703 this title 23c5703s § 5703  Law enforcement responsibilities. § 5421  Initial child custody jurisdiction § 5422  Exclusive continuing jurisdiction § 5423  Jurisdiction to modify determination § 6119  Immunity (a)  General rule.--Law enforcement agencies and their employees including police ficers 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 firearms other weapons and ammunition as provided for in this chapter except for gross negligence intentional misconduct or reckless willful or wanton misconduct (2)  If the information obtained pursuant to section 6344(b) reveals that the prospective volunteer applicant is disqualified from service pursuant to section 6344(c) the applicant shall not be approved for service (3)  If all the following apply an individual shall not be required to obtain the certifications required under subsection (b): (i)  The individual is currently enrolled in a school. (A)  General rule.--A child may be taken into protective custody: (1)  As provided by 42 Pa.C.S § 6324 (relating to taking into custody) (2)  By a physician examining or treating the child or by the director or a person specifically designated in writing by the director any hospital or other medical institution where the child is being treated if protective custody is immediately necessary to protect the child under this chapter (B)  Parent convicted murder.--No court shall award custody partial custody or supervised physical custody to a parent who has been convicted murder under 18 Pa.C.S § 2502(a) (relating to murder) the other parent the child who is the subject the order unless the child is suitable age and consents to the order (b.1)  Parent convicted certain sexual fenses.-- (B)  Procedure.--Upon receipt the documents the support enforcement agency without initially seeking to register the order shall consider and if appropriate use any administrative procedure authorized by the law this State to enforce a support order or an income- order or both If the obligor does not contest administrative enforcement the order need not be registered If the obligor contests the validity or administrative enforcement the order the support enforcement agency shall register the order pursuant to. § 4352  Continuing jurisdiction over support orders § 4353  Duty to report § 4354  Willful failure to pay support order "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 identifying information pursuant to the requirements 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 (I)  the parent who is a victim had an opportunity to address the court; (ii)  the child is suitable age and consents to the custody order; and (iii)  the court determines the award is in the best interest. 18 Pa.C.S § 2902 (relating to unlawful restraint) 18 Pa.C.S § 2903 (relating to false imprisonment) 18 Pa.C.S § 2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S § 3121 (relating. § 7501.1 Employer's compliance with income- order another state § 7501.2 Compliance with multiple income- orders § 7501.3 Immunity from civil liability (1)  has subject matter jurisdiction and is authorized to issue ex parte emergency temporary or final protection orders in that jurisdiction; and (2)  possessed jurisdiction over the parties when the protection order was issued in that jurisdiction § 4372  Establishment Title IV-D program (a)  Designation Title IV-D agency.--The department is the Title IV-D State agency The department shall create a single and separate organizational unit which shall be responsible for developing and implementing subject to the approval the secretary a federally approved State plan for child support (A)  General rule.--After the divorce any spouse who is a tenant by the entireties real property with the former spouse the divorced spouse is entitled to all the rights and remedies provided in this subchapter for the collection any sums money ordered by a court to be paid to the divorced spouse for the support the children the former spouse as fully as if no divorce had occurred (V)  Institutional sexual assault as defined in 18 Pa.C.S § 3124.2 (relating to institutional sexual assault) (vi)  Aggravated indecent assault as defined in 18 Pa.C.S § 3125 (relating to aggravated indecent assault) (vii)  Indecent assault as defined in 18 Pa.C.S. § 3126 (relating to indecent assault). 4301  Scope chapter 4302  Definitions 4303  Information to consumer reporting agency 4304  Cooperation Commonwealth agencies (Repealed) 4304.1 Cooperation government and nongovernment agencies. (C)   license needed to ficiate.--No person or religious organization qualified to perform s shall ficiate at a ceremony without the parties having obtained a license issued under this part 23c1503v (J P. eff imd.; P. eff 60 days; Dec 1 2004 P. eff 60 days; J P. eff imd.)     2013 Amendment  Act 108 added subsec (e) 1994 Amendment  Act 151 amended subsecs (a) and (d) 23c6382s § 6382  Guardian ad litem for child in court proceedings (Repealed). (A)  List counselors.--Any hospital or other facility providing maternity care shall provide a list available counselors and counseling services compiled pursuant to subsection (b) to its maternity patients who are known to be considering relinquishment or termination parental rights pursuant to this part The patient shall sign an acknowledgment receipt such list prior to discharge a copy which receipt shall be provided to the patient (3)  is liable under a support order; or (4)  is a debtor in a proceeding under Chapter 77A (relating to support proceeding under convention) "Outside this State."  A location in another state or a country other than the United States whether or not the country is a foreign country (B)  Contact preference.--The Department Health shall develop and upon request make available to each birth parent named on the original birth certificate a contact preference form on which the birth parent may state a preference regarding contact by an adoptee who is the birth child the birth parent Upon such request the Department Health shall also provide the birth parent with an updated medical history form which shall be completed and returned together with the completed contact preference form by the birth parent to the Department Health The contact preference form shall provide the birth parent with options in substantially the following form from which the birth parent shall select one: § 5441  Definitions § 5442  Enforcement under Hague Convention § 5443  Duty to enforce (K)  Existing or transferred employees.--(Deleted by amendment) (l)  Temporary employees under special programs.--(Deleted by amendment) (m)  Provisional employees for limited periods.--Notwithstanding subsection (b) employers administrators supervisors or other persons responsible for employment decisions may employ applicants on a provisional basis for a single period not to exceed 90 days if all the following conditions. § 3304  Grounds for void s § 3305  Grounds for voidable s § 3306  Proceedings to determine marital status (1)  Establishment an order for spousal support or child support (2)  Registration an order for spousal support or child support another county for enforcement or modification pursuant to Chapter 84 (relating to enforcement and modification support order after registration) (3)  A list the liabilities either or both them as 30 days prior to the date hearing on equitable distribution whether or not the liabilities are related to the property set forth in the inventory and appraisement (c)  Discovery.--Discovery under this part shall be as provided for all other civil actions under the Pennsylvania Rules Civil Procedure (A)  General rule.--All civil causes action for alienation affections husband or wife are abolished (b)  Exception.--Subsection (a) does not apply to cases where the defendant is a parent brother or sister or a person formerly in loco parentis to the spouse plaintiff 23c1902s § 1902  Actions for breach promise to marry abolished. (I)  Recognition the signs abuse and reporting requirements for suspected abuse in this Commonwealth (ii)  For institutions facilities and agencies under paragraph (1)(i) their policies related to reporting suspected abuse (5)  A person may be exempted from the requirements this subsection if all the following apply: (1)  the agency has a bona fide statutory or administrative need for the actual address; (2)  the actual address will only be used for the purpose stated in the request; (3)  other methods to locate the program participant or the program participant's actual address have been tried and have failed or such methods reasonably appear to be unlikely to succeed; and (Iv)  The status services (v)  The date the services were provided (vi)  The jurisdiction where the services were provided (b)  Cooperation.--The following apply: "sexual abuse or exploitation."  Any the following: (1)  The employment use persuasion inducement enticement or coercion a child to engage in or assist another individual to engage in sexually explicit conduct which includes but is not limited to the following: (i)  Looking at the sexual or other intimate parts a child or another individual for the purpose arousing or gratifying sexual desire in any individual (1)  The authorized representative shall use reasonable efforts to locate the subject the search (2)  If the subject the search is located the authorized representative shall obtain written authorization from the subject before any identifying information is released or contact between the parties is made (3)  If the requester is an adoptee seeking the identity a birth parent the identity a deceased birth parent may be disclosed 21  Preliminary Provisions 23  Jurisdiction and Parties 25  Proceedings Prior to Petition to Adopt 27  Petition for Adoption 29  Decrees and Records (H)  Relocation factors.--In determining whether to grant a proposed relocation the court shall consider the following factors giving weighted consideration to those factors which affect the safety the child: (1)  The nature quality extent involvement and duration the child's relationship with the party proposing to relocate and with the nonrelocating party siblings and other significant persons in the child's life (2)  $50 shall be retained by the county and shall be used to carry out the provisions this chapter as follows: (i)  $25 shall be used by the sheriff (ii)  $25 shall be used by. Cross References  Section 7608 is referred to in section 77A07 this title 23c7609h     SUBCHAPTER C "safekeeping."  The secure custody a firearm other weapon or ammunition ordered relinquished by an active protection from abuse order ( P. eff 180 days)   2005 Amendment.  Act 66 added section 6108.1 (I)  removing the child from this Commonwealth the United States or another geographic area without permission the court or the petitioner's written consent; (ii)  removing or retaining the child in violation a child custody determination; (iii)  removing the child from school or a child-care or similar facility; or § 6338  Disposition founded and indicated reports § 6338.1 Expunction information perpetrator who was under 18 years age when child abuse was committed (C)  Membership.--The panels shall be composed volunteer members who represent the community including members who have expertise in the prevention and treatment child abuse and neglect (d)  Meetings.--Each citizen review panel shall meet not less than once every three months (e)  Reports.--The department shall issue an annual report summarizing the activities and recommendations the panels and summarizing the department response to the recommendations § 2725  Religious belief   Subchapter D  Voluntary Agreement for Continuing Contact   (3)  who is willing and able to make and carry out the day-to-day child-care decisions concerning the minor (b)  Exception where other parent consents.--Notwithstanding subsection (a) a parent legal custodian or legal guardian may designate a standby guardian with the consent the other parent (c)  Contents.-- (D)  Advice to county agency.--Whenever a report suspected child abuse is referred from a county agency to a law enforcement ficial pursuant to section 6340(a)(9) and (10) (relating to release information in confidential reports) as soon as possible and without jeopardizing the criminal investigation or prosecution the law enforcement ficial shall advise the county agency as to whether a criminal investigation has been undertaken and the results the investigation and any criminal prosecution The county agency shall ensure that the information is referred to the Statewide database § 4366  Other enforcement remedies preserved   Subchapter E  Title IV-D Program and Related Matters       SUBCHAPTER C INFORMATION REGISTRY   Sec. (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 § 6349  Penalties (a)  Failure to amend or expunge information.--   CHAPTER 55 LIABILITY FOR TORTIOUS ACTS CHILDREN   Sec.   Chapter 39  Mediation   § 3901  Mediation programs ( P. eff 60 days; P. eff Jan 1 1998; P. eff imd.)   1998 Amendment  Act 127 amended subsec (a)(2) and (3) Act 127 1998 was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support (Name) (Address) (Nov 3 2016 P. )   2016 Amendment  Act 127 amended the entire section effective immediately as to subsec (e) and in one year as to the remainder the section 23c2938s § 2938  Rules and regulations. 5323  Award custody 5324  Standing for any form physical custody or legal custody 5325  Standing for partial physical custody and supervised physical custody 5326  Effect adoption. (B)  (Reserved) (c)  (Reserved) (d)  (Reserved). (3)  The child abuse which resulted in the inclusion the perpetrator's name in the database did not involve the use a deadly weapon as defined under 18 Pa.C.S § 2301 (relating to definitions) (b)  Mandated expunction.--If the perpetrator meets all the requirements under subsection (a) the expunction shall be mandated and guaranteed by the department (c)  Nonapplicability.--The provisions this section shall not apply to any the following cases: (6)  In the case a newborn child the parent knows or has reason to know the child's birth does not reside with the child has not married the child's other parent has failed for a period four months immediately preceding the filing the petition to make reasonable efforts to maintain substantial and continuing contact with the child and has failed during the same four-month period to provide substantial financial support for the child (7)  The parent is the father a child conceived as a result a rape or incest. (2)  a court another state does not have jurisdiction under paragraph (1) or a court the home state the child has declined to exercise jurisdiction on the ground that this Commonwealth is the more appropriate forum under section 5427 (relating to inconvenient forum) or 5428 (relating to jurisdiction declined by reason conduct) and: (i)  the child and the child's parents or the child and at least one parent or a person acting as a parent have a significant connection with this Commonwealth other than mere physical presence; and We hereby certify that on (date) we united ourselves in at (city borough or town) County (name) Pennsylvania having first obtained from the Court Common Pleas (name) a declaration numbered that the court was satisfied that there was no existing legal impediment to our. (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 persons convicted a violation under 18 Pa.C.S § 4906.1 (relating to false reports child abuse) or the names persons who made a false report the need for general protective services No information other than that permitted in this subsection shall be retained in the Statewide database "order support."  Includes assistance imposed or imposable by law or by any court order or by an agency administering a State Title IV-D program whether temporary final or subject to modification and whether incidental to a proceeding for divorce separate maintenance action for failure to support a child born out wedlock or otherwise The term includes an order for the support and maintenance a child including a child who has attained the age majority or for the parent with whom the child is living which provides for monetary support health care arrearages or reimbursement and which may include related costs and fees interest and penalties income attorneys' fees and other relief (E)   to relatives.--No license may be issued to applicants within the prohibited degrees consanguinity which are as follows: A man may not marry his mother A man may not marry the sister his father A man may not marry the sister his mother. 1994 Amendment.  Act 151 amended the entire section effective July 1 1996 as to subsec (b) and July 1 1995 as to the remainder the section Cross References.  Section 6361 is referred to in sections 6362 6364 6375 this title 23c6362s § 6362  Responsibilities county agency for child protective services. (E)  Self-employed family child-care providers.--Self-employed family child-care providers who apply for a license with the department shall submit with their licensure application the information set forth under subsection (b) for review in accordance with this section (f)  Submissions by operators child-care services.--The department shall require persons seeking to operate child-care services to submit the information set forth in subsection (b) for review in accordance with this section A woman may not marry the brother her father A woman may not marry the brother her mother A woman may not marry her brother A woman may not marry her son A woman may not marry the son her son or daughter. § 7701 (Repealed)   Chapter 77A  Support Proceeding Under Convention   (7)  Provide to the petitioner and respondent a copy all recommendations and court orders including findings fact within two days exclusive Saturdays Sundays and legal holidays issuing the recommendations or court order (8)  Provide to the petitioner and respondent a copy the court's procedure to file a demand for a de novo hearing or to file exception to the recommendation the hearing ficer (9)  Notify the petitioner if jurisdiction over the respondent cannot be obtained. ( P. eff imd.; P. eff Jan 1 1998)   1997 Amendment  Act 58 amended subsec (a) and added subsecs (a.1) and (a.2) was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support (2)  Procedures for notice suspension nonrenewal or denial issuance the appropriate order and reinstatement a recreational license shall be in accordance with subsections (b) (c) and (d) (I)  under the care a prescribing medical pressional; and (ii)  in compliance with the directions for the administration a prescription drug as directed by the prescribing medical pressional (3)  A Fetal Alcohol Spectrum Disorder. Sec 8411.  Notice registration order 8412.  Procedure to contest validity registered order 8413.  Contest registration or enforcement 8414.  Confirmed order. (B)  Representation complainant.--The district attorney upon the request the court or a Commonwealth or local public welfare ficial shall represent any complainant in any proceeding under this subchapter (b.1)  Representation Commonwealth.--In matters relating to the establishment and enforcement child support and child and spousal support the Title IV-D interests the Commonwealth shall be represented where appropriate by the county Title IV-D attorney in a proceeding for child support and child and spousal support Subchapter A  Petition   § 2701  Contents petition for adoption § 2702  Exhibits (Ii)  Persons classified as mandated reporters (iii)  Reporting requirements and procedures (iv)  The basis for making a report suspected child abuse (v)  Penalties for failure to report. (3)  Require the Social Security number any individual subject to a divorce decree support order paternity determination or acknowledgment paternity in all records relating to the matter Collection the Social Security number shall be kept confidential (4)  Require the Social Security number a deceased individual in records relating to the death including the death certificate (B)  Exclusive jurisdiction.--The tribunal that issued the controlling order under subsection (a) (a.1) or (a.2) is the tribunal that has continuing jurisdiction under section 7205 (relating to continuing exclusive jurisdiction to modify child support orders) or 7206 (relating to continuing jurisdiction to enforce child support orders) (c)  Basis order.--A tribunal this State which determines by order the identity the controlling order under subsection (a.1)(1) or (2) or (a.2) or which issues a new controlling order under subsection (a.1)(3) shall state all the following in. Cited 210 C 221; 219 C 620; Id 810; 220 C 643 Where judgment lien certificate included information to allow a party acting with common prudence and ordinary diligence to ascertain original amount the judgment secured judgment lien was not rendered invalid or unenforceable because it did not contain such original amount; statute not subject to strict construction 289 C 692 Cited 8 CA 512; 28 CA 809; 30 CA 52; 39 CA 518 Legislative intent section is to achieve the conformity necessary to make procedures for recording state judgment liens applicable to in-state federal judgment liens under 28 USC 1962 78 CA 305 Subsec (b): Creditor seeking to assert priority rights pursuant to section and Sec 52-328(b) must file a judgment lien within 4 months a trial court's final judgment in creditor's favor regardless the possible pendency an appeal. (11)  has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport a visa travel documents a Social Security card a driver's license or other government-issued identification card or has made a misrepresentation to the United States Government; (12)  has used multiple names to attempt to mislead or defraud; or (13)  has engaged in any other conduct the court considers relevant to the risk abduction. Cross References  Section 77A04 is referred to in section 77A08 this title 23c77A05s § 77A05  Direct request (a)  General rule.--A petitioner may file a direct request seeking: (1)  A mandated reporter enumerated in subsection (a) shall make a report suspected child abuse in accordance with section 6313 (relating to reporting procedure) if the mandated reporter has reasonable cause to suspect that a child is a victim child abuse under any the following circumstances: (i)  The mandated reporter comes into contact with the child in the course employment occupation and practice a pression or through a regularly scheduled program activity or service (Iii)  An individual serving as a county chief executive as designated by a county home rule charter or optional plan form government pursuant to the act Ap (P. ) known as the Home Rule Charter and Optional Plans Law (12)  A mandated reporter suspected child abuse under section 6311 (relating to persons required to report suspected child abuse) who made a report abuse involving the subject child shall be limited to the following: (3)  Any support or assistance which shall be paid for the benefit any children the or purported (4)  Any property settlement involving any the matters set forth in paragraphs (1) (2) and (3) as submitted by the parties (5)  Any other matters pertaining to the and divorce or authorized by law and which fairly and expeditiously may be determined and disposed in such action This subchapter and other provisions this chapter do not remove from the plaintiff the rights to any other existing remedies to enforce a support order including but not limited to the right the plaintiff to institute proceedings against the real or personal property the defendant 23c4371h     § 3303   void and voidable s (a)  General rule.--In all cases where a supposed or alleged has been contracted which is void or voidable under this title or under applicable law either party to the supposed or alleged may bring an action in to have it declared void in accordance with the procedures provided by this part and prescribed by general rules (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 filing a copy the foreign decree adoption and a certified English translation if necessary the child's visa and either the child's birth certificate or some form birth identification shall be attached to the foreign registration form and submitted to the. (A)  General rule.--No liability may be imposed upon a parent under this chapter if at the time commission the tortious act the parent has neither custody the child nor is entitled to custody the child or if the child is institutionalized or emancipated (b)  Exception.--No parent is absolved liability due to the desertion the child by the parent § 4306  Duties Title IV-D attorney (a)  General rule.--The county Title IV-D attorney shall at all times aid in the enforcement the duty child support and child and spousal support and shall cooperate with the domestic relations section in the presentation complaints or in any proceeding designed to obtain compliance with any order. § 2713  When other consents not required The court in its discretion may dispense with consents other than that the adoptee to a petition for adoption when: (1)  the adoptee is over 18 years age; or (2)  the adoptee is under 18 years age and has no parent living whose consent is required. Although second phrase definition does not apply to defendant because she is an independent contractor and not an employee the commissions defendant receive as real estate salesperson are earnings because they are debts accruing by reason her personal service 50 CS 460 Subdiv (13): Marital dissolution judgment regarding child's educational expenses did not order payment a sum certain and cannot be characterized as a money judgment. (6)  The amendment or addition 23 Pa.C.S § 3501(a)(3) and (a.1) shall apply to all equitable distribution proceedings irrespective whether the proceeding was commenced before on or after the effective date this paragraph (7)  (Repealed) (8)  The amendment or addition 23 Pa.C.S § 3502(a) introductory paragraph (10.1) and (10.2) shall apply to all equitable distribution proceedings irrespective whether the proceeding was commenced before on or after the effective date this paragraph 1997 Amendment  Act 58 amended the section heading and subsecs (a) (b) heading (1) intro par (i) and (iv) and (2) (c)(1) and (3) (d) and (e) and added subsecs (d.1) (d.2) (d.3) (d.4) (d.5) and (d.6) was suspended by Pennsylvania Rule Civil Procedure No (3) as amended insar as it is inconsistent with Rule No relating to the availability remedies for collection past due and overdue support 1993 Amendment  Act 62 added section 4355 (3)  A sworn statement by the person requesting registration or a certified statement by the custodian the records showing the amount any arrearage (4)  The name the obligor and if known: (i)  the obligor's address and Social Security number; (ii)  the name and address the obligor's employer and any other source income the obligor; and (Dec 4 1992 P. eff 90 days; P. eff imd.; P. eff Jan 1 1998; P. eff imd.; P. eff imd.)   2008 Amendment  Act 16 amended subsecs (a) (b) (c) (d) and (l) retroactive. (Iii)  An admission the acts abuse by the perpetrator (2)  A report may be indicated under paragraph (1)(i) or (ii) for any child who is the victim child abuse regardless the number alleged perpetrators (3)  A report may be indicated under paragraph (1)(i) or (ii) listing the perpetrator as "unknown" if substantial evidence abuse by a perpetrator exists but the department or county agency is unable to identify the specific perpetrator (P.a 83-581 S 9 40; P.A 84-527 S 15; P.A 85-613 S 131 154; May Sp Sess P.A 92-6 S 79 117; May 9 Sp Sess P.A 02-1 S 106; P.A 03-2 S 46; 03-266 S 9; June Sp Sess P.A 09-3 S 137; P.A 12-89 S 4 11; P.A 14-217 S 260; P.A 16-26. (Ii)  Required pursuant to paragraph (1)(iii) or (iv) the sheriff shall maintain possession the firearms other weapons and ammunition until the defendant is no longer prohibited from possessing firearms other weapons and ammunition pursuant to any Federal or State law unless: (A)  the defendant has the firearms other weapons and ammunition relinquished to a licensed dealer pursuant to section 6108.2; or (3)  The registry the Pennsylvania State Police shall be available at all times to inform courts dispatchers and law enforcement ficers any valid protection order involving any defendant (4)  When an order granting relief under section 6108(a)(7) has been entered by a court such information shall be available to the Pennsylvania State Police for the purpose conducting a criminal history records check in compliance with the applicable provisions 18 Pa.C.S Ch 61 Subch A (relating to Uniform Firearms Act) ( P. eff July 1 1995; Apr 7 2014 P. eff ; P. eff )   2014 Amendments  Act 29 amended subsecs (a) and (b) added subsec (b.1) and carried without amendment subsec (c) and Act 153 amended subsec (c) (Iii)  Third pay the Federal Government's share and retain the remainder the amount collected to reimburse the Commonwealth until the amount equals the amount unreimbursed cash assistance paid to the assistance group (iv)  Fourth pay to the assistance group any amounts collected in excess the amounts distributed or retained under subparagraphs (i) (ii) and (iii) (2)  In the case a family that formerly received cash assistance from the Commonwealth: (P.a 93-314 S 3; June 11 Sp Sess P.A 08-2 S 6.) History: June 11 Sp Sess P.A 08-2 deleted $900 amount allowed for certain deposits inserted 11 USC 507(a)(7) and 104 references and added definition “deposit made in connection with the purchase lease or rental goods” effective. (A)  General rule.--In addition to the requirements section 6344 (relating to employees having contact with children; adoptive and foster parents) an individual who applies to the department for a certificate compliance or a license to provide child day care in a residence shall include criminal history record and child abuse record information required under section 6344(b) for every individual 18 years age or older who resides in the home for at least 30 days in a calendar year Cited 22 CA 260; 33 CA 365; 34 CA 816 Subsec (h): Power to modify pursuant to section does not include the power to vacate. History: P.A 84-527 rephrased section and deleted reference to “section 52-257” with respect to the allowance statutory costs and fees; P.A 92-94 added reference to Sec 52-352d Cited 204 C 17; 211 C 485; 220 C 643 An execution is to be used to enforce payment a valid and specific court judgment 260 C 766 Cited 15 CA 718; 34 CA 816 Section does not mandate the award postjudgment interest as such an award is discretionary 112 CA 837 Although facial inconsistencies exist between this section and Secs 46b-84(a) and 52-350a P.A 03-130 was intended to enable a party to address the default a final order for child support or alimony through use the postjudgment procedures in Ch 906. (3)  The number cases which have been closed by the agency (4)  The services provided to children and their families (5)  A summary the findings with nonidentifying information about each case child abuse or neglect which has resulted in a child fatality or near fatality (3)  Prior to completing its report the department may release the following information to the public concerning a child who died or nearly died as a result suspected or substantiated child abuse: (i)  The identity the child only in the case a child's fatality (ii)  If the child was in the custody a public or private agency the identity the agency (1)  A defendant wishing to relinquish firearms other weapons or ammunition to a third party pursuant to subsection (a) shall within the time frame specified in the order for relinquishing firearms other weapons and ammunition report to the sheriff's fice in the county where the order was entered along with the. § 2901.  Time entry decree adoption Unless the court for cause shown determines otherwise no decree adoption shall be entered unless the natural parent or parents' rights have been terminated the investigation required by section 2535 (relating to investigation) has been completed the report the intermediary has been filed pursuant to section 2533 (relating to report intermediary) and all other legal requirements have been met If all legal requirements have been met the court may enter a decree adoption at. (5)  An order directing the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so." (c)  Mandatory report.--Each law enforcement agency shall make an incident report on a form prescribed by the Pennsylvania State Police consistent with the report required by the Federal National Incident-Based Reporting System (NIBRS) The mandate for incident report completion shall not be operative until the Pennsylvania State Police have implemented NIBRS The incident report may include the following: § 6502  Definitions § 6503  Nonliability § 6504  Health care providers accepting newborns (A)  General rule.--Existing common-law defenses are retained as to the grounds enumerated in section 3301(a) and (b) (relating to grounds for divorce) The defenses condonation connivance collusion recrimination and provocation are abolished as to the grounds enumerated in section 3301(c) and (d) (b)  Adultery.--In an action for divorce on the ground adultery it is a good defense and a perpetual bar against the action if the defendant alleges and proves or if it appears in the evidence that the plaintiff: § 7616  Procedure to register child support order a foreign country for modification A party or support enforcement agency seeking to modify or to modify and enforce a foreign child support order not under the convention may register that order in this State under Subchapter A (relating to registration for enforcement support order) or B (relating to contest validity or enforcement) if the order has not been registered A petition for modification may be filed at the same time as a request for registration or at another time The petition must specify the grounds for modification (1955 S 3204d; 1959 P.A 655; 1963 P.A 33; 1969 P.A 447 S 3; P.A 73-373 S 38; P.A 76-66; 76-436 S 142 681; P.A 77-389; 77-594 S 6 7; 77-614 S 70 610; P.A 78-217 S 1; P.A 80-149 S 2 3; P.A 81-266 S 1 2; P.A 82-433 S 2; P.A 83-295 S 17; 83-400 S 1; 83-581 S 34 40; P.A 84-455 S 4 5; 84-527 S 17 18; 84-546 S 115 116 173; P.A 85-548 S 1; P.A 86-359 S 36 44; P.A 87-483 S 1 3; P.A 89-302 S 1 7; P.A 90-213 S 38 56; P.A 91-391 S 10; P.A 92-253 S 4; P.A 93-262 S 1 87; P.A 96-268 S 9 34; June 18 Sp Sess P.A 97-1 S 71 75; June 18 Sp Sess P.A 97-7 S 28 38; P.A 99-193 S 6; P.A 00-68 S 4 5; 00-196 S 35; P.A 01-91 S 19–22; June Sp Sess P.A 01-2 S 27 28 69; June Sp Sess P.A 01-9 S 129 131; P.A 03-89 S 6 7; P.A 07-247 S 62 63; P.A 11-214 S 31; 11-219 S 9 10; 11-233 S 13 14; P.A 15-71 S 91 92; P.A 16-13 S 16–20.) (I)  Child abuse in another state where only the alleged perpetrator is a resident this Commonwealth.--If suspected child abuse occurs in a jurisdiction other than this Commonwealth and only the alleged perpetrator is a resident this Commonwealth the report suspected child abuse shall be referred to the county agency where the alleged perpetrator resides The county agency shall do all the following: (1)  Notify the children and youth social service agency the jurisdiction in which the suspected child abuse occurred (2)  Each licensing board with jurisdiction over pressional licensees identified as mandated reporters under this chapter shall promulgate regulations within one year the effective date this subsection on the responsibilities mandated reporters These regulations shall clarify that the provisions this chapter take precedence over any pressional standard that might otherwise apply in order to protect children from abuse (3)  Each licensing board with jurisdiction over pressional licensees identified as mandated reporters under this chapter shall: (8) If the judgment debtor has left the state prior to service the execution or if he cannot otherwise be found with reasonable effort at his last-known address in this state the levying ficer shall proceed with the levy after (A) making demand for payment at such last-known address and on any agent or attorney the judgment debtor record with the clerk the Superior Court and (B) making a reasonable effort to ascertain and provide notice the execution at any forwarding address. (A)  General rule.--Liability the parents under this chapter shall be limited to: (1)  The sum $1,000 for injuries suffered by any one person as a result one tortious act or continuous series tortious acts (2)  The sum $2,500 regardless the number persons who suffer injury as a result one tortious act or continuous series tortious acts § 6384  Legislative oversight § 6385  Reimbursement to county agencies § 6386  Mandatory reporting children under one. (B)  Failure hospital to admit child or newborn.--The failure 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 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 (K)  An acknowledgment that any firearms other weapons and ammunition relinquished to the third party will be stored using a locking device as defined in paragraph (1) the definition "locking device" in 18 Pa.C.S § 6142(f) (relating to locking device for firearms) or in a secure location to which the defendant does not have access (L)  A detailed description the third party liability pursuant to this section relating to civil liability (C.4)  Notice decision.--Notice the decision shall be made to the Statewide database the appropriate county agency any appropriate law enforcement ficials and all subjects the report except for the abused child (d)  Stay proceedings.--Any administrative appeal proceeding pursuant to subsection (b) shall be automatically stayed upon notice to the department by either the parties when there is a pending criminal proceeding or a dependency or delinquency proceeding pursuant to 42 Pa.C.S Ch 63 (relating to juvenile matters) including any appeal there involving the same factual circumstances as the administrative appeal (V)  Nothing in this paragraph shall bar either party from filing a petition for custody under Chapter 53 (relating to custody) or under the Pennsylvania Rules Civil Procedure (vi)  In order to prevent further abuse during periods access to the plaintiff and child during the exercise custodial rights the court shall consider and may impose on a custody award conditions necessary to assure the safety the plaintiff and minor children. (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 form.-- (1)  The form shall include statements indicating that the foreign adoption may not be a full and final adoption if: (D)  Notice arrest.--All law enforcement agencies shall make reasonable efforts to notify any adult or emancipated minor protected by an order issued under this chapter the arrest the defendant for violation an order as soon as possible Unless the person cannot be located notice the arrest shall be provided not more than 24 hours after preliminary arraignment (e)  Statewide registry.-- Sec 52-392 Execution; payment by executor administrator or trustee When demand is made the garnishee upon the execution in any the cases mentioned in sections 52-389 52-390 and 52-391 within the periods therein specified the garnishee may pay the debt or deliver the legacy or distributive share so attached to the ficer making the demand to be applied on such execution; and if at the time such payment or delivery the garnishee would have been required by law to make such payment or delivery to the defendant if there had been no attachment or would have been justified in so doing he shall be credited for such payment or delivery to the ficer in his administration account (1949 Rev S 8136.) Cited.   Subchapter B  Provisions and Responsibilities for Reporting Suspected Child Abuse   § 6311  Persons required to report suspected. 2734  Consent a child 2735  Filing and approval an agreement 2736  Failure to comply 2737  Modification agreement 2738  Enforcement agreement. (B)  Party outside this Commonwealth.--If a party to a child custody proceeding whose presence is desired by the court is outside this Commonwealth the court may order that a notice given pursuant to section 5408 (relating to notice to persons outside Commonwealth) include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party (c)  Personal safety.--The court may enter any orders necessary to ensure the safety the child and any person ordered to appear under this section Sec 52-356 Levy on personal estate Section 52-356 is repealed (1949 Rev S 8097; P.A 81-410 S 10; P.A 83-581 S 39 40; P.A 84-546. (2)  It is the intent 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 Title 23   (C) A release a judgment lien filed on personal property pursuant to section 52-355a is sufficient if it contains a description the property released the name and address the judgment creditor and judgment debtor and the file number the judgment lien certificate in the fice the Secretary the State On presentation such a statement release to the filing ficer in the fice the Secretary the State the filing ficer shall mark the statement with the hour and date filing and shall note the same on the index The release shall be on a form prescribed by the Secretary the State On filing the Secretary the State may charge the fee prescribed by section 42a-9-525 for filing and indexing a termination statement (1967 P.A 120 S 2; P.A 78-280 S 63 127; P.A 79-602 S 105; P.A 83-581 S 15 40; P.A 96-180 S 161 166; P.A 01-132 S 175; P.A 07-252. (B)  Commencement.--An individual petitioner or a support enforcement agency must commence a proceeding authorized under this part by filing a petition or complaint in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or complaint directly in a tribunal another county which has or can obtain personal jurisdiction over the respondent 23c8301v     Chapter 72  Jurisdiction   Subchapter A  Extended Personal Jurisdiction   " license" or "license."  A license to marry issued under this part 23c1102v ( P. eff 60 days)   1996 Amendment.  Act 124 added. (A)  General rule.--Upon presentation a petition prepared pursuant to section 2501 (relating to relinquishment to agency) or section 2502 (relating to relinquishment to adult intending to adopt child) the court shall fix a time for hearing which shall not be less than ten days after filing the petition The petitioner must appear at the hearing (b)  Notice.-- § 5441  Definitions 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: "Petitioner."  A person who seeks enforcement an order for return a child under the Hague Convention on the Civil Aspects International Child Abduction or enforcement a child custody determination 11  Preliminary Provisions 13   License 15   Ceremony 17  Miscellaneous Provisions Relating to 19  Abolition Actions for Alienation Affections and Breach Promise. (D)  Evidence subject to examination.--A guardian ad litem may not testify except as authorized by Rule 3.7 the Rules Pressional Conduct but may make legal argument based on relevant evidence that shall be subject to examination by the parties (e)  Costs.--The court may order a party to pay all or part the costs appointing a guardian ad litem under this section "police station."  The station or headquarters a police department or a Pennsylvania State Police station or headquarters 23c6502v (July 2 2014 P. eff 60 days; P. eff 60 days)   (B) Exceptions.--The court may authorize a license to be issued at any time after the making the application in the following cases: (1)  In case emergency or extraordinary circumstances (2)  If an applicant is a member the Pennsylvania National Guard or other reserve component the armed forces the United States and is called or ordered to active duty with the armed forces the United States   § 4321  Liability for support § 4322  Support guideline (B)  according to the most recent compliance report issued by the United States Department State is noncompliant; or (C)  lacks legal mechanisms for immediately and effectively enforcing a return order under the Hague Convention on the Civil Aspects International Child Abduction; (iii)  poses a risk that the child's physical or emotional health or safety would be endangered in the country because specific circumstances relating to the child or because human rights violations committed against children; (B)  General rule.--No relocation shall occur unless: (1)  every individual who has custody rights to the child consents to the proposed relocation; or (2)  the court approves the proposed relocation (c)  Notice.-- Sec 52-352c Additional exempt property Section 52-352c is repealed (P.A 77-466 S 3; P.A 78-331 S 26 58; P.A 83-581 S 39 40; P.A 84-546 S 127 173.) (Return to ChapterTable Contents) (Return toList Chapters) (Return toList Titles) Sec 52-352d Exempt property farm partnership (a) As used in this section “exempt” has the same meaning as provided in section 52-352a and “farm partnership” means any partnership primarily engaged in the occupation farming in which at least fifty per cent the partners are members the same family.   PART II   Chapter Cross References  Section 6334 is referred to in sections 6304 6335 6368 this title § 6334.1  Responsibility for investigation. (D)  Permissible reimbursement expenses.--Payments made by the adoptive parents to an intermediary or a third party for reimbursement the following expenses calculated without regard to the income the adoptive parents are permissible and are not in violation 18 Pa.C.S § 4305 (relating to dealing in infant children): (1)  Medical and hospital expenses incurred by the natural mother for prenatal care and those medical and hospital expenses incurred by the natural mother and child incident. 2014 Amendments  Act 31 added subsecs (b)(3) (4) (5) and (6) (c) and (d) Act 33 added subsec (a.2) and Act 153 amended subsec (a.2)(3) Section 2 Act 31 provided that the amendment shall apply to persons applying for a license certification approval or registration or for the renewal a license certification approval or registration on or after January 1 2015 2002 Amendment  Act 201 amended subsec (a) (Ii)  The procedures to be followed and requirements to be met for the Department Health to accept the form (iii)  The date when birth parents may begin to file the form with the Department Health (iv)  The procedures to be followed and requirements to be met for having the form removed from an adoption file § 3322  Jury trial § 3323  Decree court   Subchapter C  Attacks Upon Decrees (1)  Where the domestic relations section or the department has been unable to attach the income an obligor and the obligor owes support in an amount equal to or greater than three months the monthly support obligation or where an individual has failed after appropriate notice to comply with subpoenas or warrants relating to paternity or child support proceedings the court may issue an order directing the Pennsylvania Game Commission to prohibit the issuance or renewal a recreational license the obligor or other individual or to require the suspension the recreational license the obligor or other individual § 8308  Private counsel § 8309  Nondisclosure of information in exceptional circumstances § 8310  Nonparentage not a defense § 5456  Role law enforcement At the request a prosecutor or other appropriate public ficial acting under section 5455 (relating to role prosecutor or public ficial) a law enforcement ficer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public ficial with responsibilities under section 5455 23c5456v   § 7313  Costs and fees § 7314  Limited immunity petitioner § 7315  Nonparentage as defense (Iii)  shall provide to the prothonotary the county the identity obligors and amount overdue support to be used to make the information available to the public The information shall be updated at least monthly and shall be provided by a paper listing diskette or any other electronic means until the Statewide system under subsection (d) is implemented; and (iv)  shall transmit at least every 60 days to credit bureaus directly or through the department reports and updates regarding the liens for overdue support (D.1)  Special procedures for operating privilege.-- (1)  Where the domestic relations section or the department has been unable to attach the income an obligor and the obligor owes support in an amount equal to or greater than three months the monthly support obligation or where an individual has failed after appropriate notice to comply with subpoenas or warrants relating to paternity or child support proceedings the court the domestic relations section or the department may issue an order directing the Department Transportation to: § 5202  Definitions § 5203  Cooperation and communication among courts § 5204  Actions for abduction prevention measures (Ii)  Has not completed the period registration required under 42 Pa.C.S Subch H or I ( P. eff ; P. eff ; P. eff ; P. eff imd.)   Father's Day Unpaid taxes not a “first charge” within meaning statute 112 C 652 Cited 120 C 671 Where plaintiff brought action to recover principal and interest notes secured by mortgage but did not seek to foreclose section did not apply and contention defendants that cash value mortgaged premises must be determined by court and applied to amount indebtedness was without merit 157 C 44 Cited. § 3101  Short title part This part shall be known and may be cited as the Divorce Code 23c3102s § 3102  Legislative findings and intent. (1)  The county agency shall provide or arrange for services necessary to protect the child while the agency is making a determination under this section (2)  If the investigation indicates bodily injury the county agency may require that a medical examination by a certified medical practitioner be performed on. (3)  Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series such acts or failures to act (4)  Causing sexual abuse or exploitation a child through any act or failure to act (5)  Creating a reasonable likelihood bodily injury to a child through any recent act or failure. (Iii)  to the petitioner pro 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 International Child Abduction if that convention is in effect between the United States and the destination country unless one 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 Sec 52-350e Service process Sec 52-350f Enforcement money judgment Costs fees and interest Sec 52-351 New judgment to include unsatisfied costs execution Sec 52-351a Notice enforcement action to be given judgment debtor Sec 52-351b Discovery by judgment creditor Sec 52-352 Property exempt from attachment and execution Sec 52-352a Definitions for exempt property provisions Sec 52-352b Exempt property Sec 52-352c Additional exempt property. § 5449  Service petition and order Except as otherwise provided in section 5451 (relating to warrant to take physical custody child) the petition and order must be served by any method authorized by the laws this Commonwealth upon respondent and any person who has physical custody the child 23c5450s § 5450  Hearing. (I)  Immunity.--The following entities shall be immune from civil liability for good faith conduct in any action arising in connection with a court's finding that the foreign order is invalid or unenforceable: (1)  Law enforcement agencies and their agents and employees (2)  County correctional and detention facilities and their agents and employees. (A)  Modification.--A tribunal this State issuing a spousal support order consistent with the law this State has continuing exclusive jurisdiction to modify the spousal support order throughout the existence the support obligation (b)  Prohibition.--A tribunal this State may not modify a spousal support order issued by a tribunal another state or a foreign country having continuing exclusive jurisdiction over that order under the law that state or foreign country (I)  laid f furloughed separated or granted leave without pay for more than 30 days; or (ii)  terminated from employment 23c4392s § 4392  Employer reporting. (Ii)  shall retain its priority without renewal or revival; (iii)  shall continue to encumber the property upon sale or other transfer; (iv)  shall not be divested upon a judicial sale or execution by a person with a lien with less priority; (v)  shall not attach to the interest any other co-owner in the property; § 5401  Short title chapter This chapter shall be known and may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act 23c5402s § 5402  Definitions. § 2712  Consents not naming adopting parents § 2713  When other consents not required § 2714  When consent parent not required Support MATTERS GENERALLY   Subchapter A  General Provisions B  Support ( P. eff July 1 1995; Dec 9 2002 P. eff 60 days; July 2 2014 P. eff 60 days)   2014 Amendment  Act 91 amended subsec (a.1) 2002 Amendment  Act 201 amended subsec (b) and added subsec (a.1) ( P. eff July 1 1995; P. eff July 1 2014; Apr 7 2014 P. eff ; P. eff )   2014 Amendments  Act 29 amended the entire section and Act 45 amended par (11) Cross References  Section 6331 is referred to in section 6334. (J P. eff 60 days; P. No.7 eff imd.)   1988 Amendment.  Act 7 added subsec (d) Section 2 Act 7 provided that Act 7 shall apply to expenses incurred for adoption decrees made after the effective date Act 7 regardless whether the expenses were incurred prior to or after the effective. (A)  Court.--A court on its own motion may order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk abduction the child (b)  Party.--A party to a child custody determination or another individual or entity having a right under the laws this Commonwealth or any other state to seek a child custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this chapter § 6711  Penalties § 6712  Rules and regulations § 6713  Civil immunity (Iii)  each unemancipated child the indigent person (2)  Paragraph (1) applies to personal property if: (i)  the property was owned during the time the expenses were incurred; or (ii)  during the time the expenses were incurred there existed a cause action which resulted in the ownership the property § 7401  Establishment support order § 7402  Proceeding to determine parentage   (I)  First from the amount current support collected pass through to the assistance group the first $100 per month for one child or the first $200 per month for two or more children or the first $50 per month for spousal support without decreasing the amount cash assistance provided however that in no event may any assistance group be paid more than one support pass-through payment per month (ii)  Second calculate the Federal Government's share the remaining amount collected. (2)  if the defendant resides outside this Commonwealth where the plaintiff resides; (3)   matrimonial domicile if the plaintiff has continuously resided in the county; (4)  prior to six months after the date final separation and with agreement the defendant where the plaintiff resides or if neither party continues to reside in the county matrimonial domicile where either party resides; or 2001 Amendment.  Act 39 amended subsecs (a) and (b) 1994 Amendment.  Act 85 added section 6114.1 23c6115s § 6115  Reporting abuse and immunity. (1)  otherwise confidential or privileged information provided that identifying contents have been removed pursuant to section 2909 (relating to medical history information); and (2)  information about the natural parents which may be relevant to a potential hereditary or congenital medical problem "Newborn child."  A child who is six months age or younger at the time the filing any petition pursuant to Chapter 25 (relating to proceedings prior to petition. (B) An obligor may contest the validity or enforcement an income order issued in another state and received directly by an employer in this state by following the procedures in section 46b-363 or by mailing to Support Enforcement Services the claim form delivered to the obligor pursuant to this subdivision Such form shall be signed by the obligor and contain the obligor's address A copy the income order shall be included. (A)  General rule.--A court this Commonwealth may grant any relief normally available under the laws this Commonwealth to enforce a registered child custody determination made by a court another state (b)  Modification.--A court this Commonwealth shall recognize and enforce but may not modify except in accordance with Subchapter B (relating to jurisdiction) a registered child custody determination a court another state (B)  Multidisciplinary review team.--The county agency shall make available among its services a multidisciplinary review team for the prevention investigation and treatment child abuse and shall convene the multidisciplinary review team at any time but not less than annually: (1)  To review substantiated cases child abuse including responses by the county agency and other agencies providing services to the child (2)  Where appropriate to assist in the development a family service plan for. History: June 18 Sp Sess P.A 97-7 effective July 1 1997; P.A 03-258 amended Subdiv (1) defining “past-due support” by deleting “ provided such amounts are based upon the obligor's ability to pay during the prior periods if known or if not known on the obligor's current ability to pay if known or if not known upon assistance rendered to the obligor's child” in Subpara (C) (Return to ChapterTable Contents) (Return toList Chapters) (Return toList Titles) Sec 52-363 Levy on machinery implements and crops Section 52-363 is repealed. (B)  Hearing.--The respondent on a petition under subsection (a) must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed but not later than the next judicial day unless a hearing on that date is impossible In that event the court shall hold the hearing on the first judicial day possible (c)  Requirements.--An ex parte warrant under subsection (a) to take physical custody a. (B)  Notice services and rights.--Each law enforcement agency shall provide the abused person with oral and written notice the availability safe shelter and domestic violence services in the community including the hotline number for domestic violence services The written notice which shall be in English and Spanish and any additional language required by local rule court shall include the following statement: "If you are the victim domestic violence you have the right to go to court and file a petition requesting an order for protection from domestic abuse pursuant to the Protection From Abuse Act (23 Pa.C.S Ch 61) which could include the following: § 3301  Grounds for divorce (a)  Fault.--The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has: (1)  Committed willful and malicious desertion and absence from the habitation the injured and innocent spouse without a reasonable cause for the period one or. (3)  Indicated and founded reports child abuse (4)  Unfounded reports child abuse awaiting expunction (5)  Unf