Bill Text: PA HB295 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for exception for adopted children; providing for sibling visitation; and making an editorial change.

Spectrum: Moderate Partisan Bill (Democrat 24-5)

Status: (Engrossed - Dead) 2009-03-19 - Referred to JUDICIARY [HB295 Detail]

Download: Pennsylvania-2009-HB295-Introduced.html

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PRINTER'S NO. 318
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 295 Session of2009
INTRODUCED BY BRIGGS, BRENNAN, BROWN, CRUZ, FRANKEL, GEORGE, HALUSKA, HORNAMAN, KIRKLAND, KORTZ, LONGIETTI, MAHONEY, McGEEHAN, MILLARD, MUNDY, MURPHY, PALLONE, REICHLEY, SIPTROTH, STERN, STURLA, VULAKOVICH, WALKO, WHITE AND D. COSTA, FEBRUARY 9, 2009
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, FEBRUARY 9, 2009
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, further providing for exception for
adopted children; providing for sibling visitation; and
making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5301 and 5314 of Title 23 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 5301. Declaration of policy.
The General Assembly declares that it is the public policy of
this Commonwealth, when in the best interest of the child, to
[assure] do all of the following:
(1) Assure a reasonable and continuing contact of the
child with both parents after a separation or dissolution of
the marriage and the sharing of the rights and
responsibilities of child rearing by both parents and
continuing contact of the child or children with grandparents
when a parent is deceased, divorced or separated.
(2) Assure reasonable and continuing contact of the
child with a sibling from whom the child has been separated
as a result of divorce, separation, death or court order.
§ 5314. Exception for adopted children.
Sections 5311 (relating to when parent deceased), 5312
(relating to when parents' marriage is dissolved or parents are
separated) [and 5313 (relating to when child has resided with
grandparents)], 5313 (relating to when grandparents may
petition) and 5316 (relating to sibling visitation) shall not
apply if the child has been adopted by a person other than a
stepparent or grandparent. Any visitation rights granted
pursuant to this section prior to the adoption of the child
shall be automatically terminated upon such adoption.
Section 2. Title 23 is amended by adding a section to read:
§ 5316. Sibling visitation.
(a) Petition.--The court may, upon petition of a sibling or
a child, grant reasonable visitation rights to the child if it
determines:
(1) That continuing contact between the petitioner and
the child is in the best interest of the child.
(2) In the case of a petitioner who is a child, that
visitation is in the best interest of the petitioner.
(3) That visitation would not interfere with the parent-
child relationship.
(b) Factors for consideration.--In making a determination of
best interests under subsection (a), the court shall include the
following factors:
(1) The relationship between the child and the
petitioner. This paragraph includes the amount of personal
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contact prior to filing the petition.
(2) The relationship among the petitioner and other
individuals with whom the child resides.
Section 3. This act shall take effect in 60 days.
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