In a 50-0 vote, the Pennsylvania Senate passed Senate Bill No. 55 on December 13, 2023. Upon passage in the Pennsylvania House of Representatives, Senate Bill No. 55 will enact Kayden’s Law, which develops a procedure for custody proceedings that ensures greater protection of children.
KingSpry’s Managing Partner and Family Law Attorney, Jessica F. Moyer, details the proposed legislation and potential impact its passage may have on child custody proceedings.
Background
Sponsors of Senate Bill No. 55 (“SB 55”), Senators Steven J. Santarsiero and Lisa Baker, emphasize the importance of establishing Kayden’s Law in Pennsylvania in their memorandum. The passage of SB 55 and enactment of Kayden’s Law would allow the Commonwealth to better protect children during custody proceedings.
In 2018, seven year old, Kayden Mancus, was murdered by her biological father during a court-ordered visit. According to Senators Santarsiero and Baker’s memorandum, Kayden’s father underwent a psychological evaluation during the child custody proceedings, which found that he had suicidal thoughts, depression and violent tendencies.
Despite such findings, the court granted the father unsupervised visits with Kayden, contingent on the father’s receipt of mental health treatment. Senators Santarsiero and Baker emphasize the fact that the tragedy experienced by Kayden is not a rare occurrence. They note that in every four thousand (4,000) domestic court cases, the abuser wins custody or unsupervised visitation eighty-one percent (81%) of the time.
SB 55 reintroduces Kayden’s Law, which passed in the state Senate previously in 2021 as Senate Bill No. 78.
Purpose of Kayden’s Law
The state Senate unanimously supports SB 55, which will strengthen the factors that judges consider when determining custody and visitation rights during child custody proceedings. Specifically, SB 55 emphasizes that the most important issue during child custody proceedings is the protection of the child.
“The health and safety of all children in this Commonwealth must be the first priority in all decisions concerning child custody.”
Upon passage in the Pennsylvania House of Representatives, SB 55 will ensure that necessary safety conditions and restrictions are implemented during child custody proceedings, particularly when a party involved has a history of abuse or violence.
Further, SB 55 encourages the state Supreme Court to implement an annual training program for judges and court personnel regarding sexual abuse, physical abuse, psychological and emotional abuse, implicit and explicit bias, trauma and neglect, and the impact of child abuse and domestic violence on children.
Safety Conditions
Upon passage, SB 55 would expand the factors that a judge may consider when awarding custody, and further, compel the court to implement safety conditions when a party has a history of abusing the child or another household member.
Factors to Consider When Awarding Custody
SB 55 also proposes that courts consider which party is more likely to ensure the safety of the child, as well as any abusive, violent, or assaultive behavior committed by a party when determining custody arrangements.
Conclusion
SB 55’s bipartisan support in the state Senate proves that the Pennsylvania General Assembly intends to pass legislation that will strengthen protections for children custody proceedings. Although the General Assembly failed to enact Kayden’s Law in the 2021 legislative session, its revisions and current proposal have allowed SB 55 to gain traction.
