HB 1307 — An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in general provisions relating to children and minors, providing for contracting and consent by certain minors.

PRINTER'S NO.   1501

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 1307
                                                 Session of
                                                   2025

     INTRODUCED BY FLEMING, KRAJEWSKI, GIRAL, KHAN, HILL-EVANS,
        McNEILL, CERRATO, SANCHEZ, WAXMAN, D. WILLIAMS, CARROLL,
        GREEN, CURRY AND K.HARRIS, APRIL 28, 2025

     REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 28, 2025


                                      AN ACT
 1   Amending Title 23 (Domestic Relations) of the Pennsylvania
 2      Consolidated Statutes, in general provisions relating to
 3      children and minors, providing for contracting and consent by
 4      certain minors.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.     Title 23 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a section to read:
 9   § 5106.    Contracting and consent by certain minors.
10      (a)    Requirements to enter contract.--A minor may contract
11   for housing, employment, purchase of an automobile, receipt of a
12   student loan, admission to high school or postsecondary school,
13   obtaining medical care, opening a bank account, admission to a
14   shelter for victims of domestic violence or a homeless shelter
15   and receipt of services as a victim of domestic violence or
16   sexual abuse, including, but not limited to, counseling, court
17   advocacy, financial assistance and other advocacy services, if:
18             (1)   The minor is at least 16 years of age.
 1            (2)   The minor is a homeless minor.
 2            (3)   The minor is self-supporting and is without the
 3      physical or financial support of a parent or legal guardian.
 4            (4)   The minor's parent or legal guardian has consented
 5      to the minor living independent of the parent's or legal
 6      guardian's control. Consent may be expressed or implied as
 7      follows:
 8                  (i)    Expressed consent shall be a verbal or written
 9            statement made by the parent or legal guardian of the
10            minor displaying approval or agreement that the minor may
11            live independently of the parent's or legal guardian's
12            control.
13                  (ii)    Implied consent shall be an action made by the
14            parent or legal guardian of the minor that indicates that
15            the parent or legal guardian is unwilling or unable to
16            adequately care for the minor. The actions may include,
17            but are not limited to:
18                         (A)   barring the minor from the home or otherwise
19                  indicating that the minor is not welcome to stay;
20                         (B)   refusing to provide any or all financial
21                  support for the minor; or
22                         (C)   abusing or neglecting the minor or
23                  committing an act of domestic violence against the
24                  minor.
25      (b)   Contract for automobile insurance.--A homeless minor or
26   a minor who is 16 years of age or older and who is in the legal
27   custody of a county agency under an order of a court of
28   competent jurisdiction may contract for the purchase of
29   automobile insurance with the consent of the county agency or
30   the juvenile court. The minor shall be responsible for paying

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 1   the costs of the insurance premiums and shall be liable for
 2   damages caused by the minor's negligent operation of a motor
 3   vehicle. No county agency, foster parent or entity providing
 4   case management of children on behalf of a county agency shall
 5   be responsible for paying insurance premiums nor liable for any
 6   damages of any kind as a result of the operation of a motor
 7   vehicle by the minor.
 8      (c)   Contract for checking or savings account.--A homeless
 9   minor or a minor who is 16 years of age or older and who is in
10   the legal custody of a county agency under an order of a court
11   of competent jurisdiction may contract for the opening of a
12   checking or savings bank account with the consent of the county
13   agency or the juvenile court. The minor shall be responsible for
14   paying all banking-related costs associated with the checking or
15   savings bank account and shall be liable for any and all
16   penalties should the minor violate a banking agreement. No
17   county agency, foster parent or entity providing case management
18   of children on behalf of a county agency shall be responsible
19   for paying bank fees nor liable for any penalties related to
20   violation of a banking agreement.
21      (d)   Consent for no-cost emergency shelter, housing and
22   related services.--A homeless minor may consent to no-cost
23   emergency shelter, housing and related services if the homeless
24   minor understands the benefits, responsibilities, risks and
25   limits of the shelter, housing and services and the homeless
26   minor agrees to adhere to the provider's rules and cooperate and
27   participate in the services recommended by the provider if:
28            (1)   the provider has not, despite reasonable efforts,
29      been able to contact the homeless minor's parent, legal
30      guardian or legal custodian;

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 1            (2)   the provider has made contact with the homeless
 2      minor's parent, legal guardian or legal custodian and the
 3      homeless minor's parent, legal guardian or legal custodian
 4      has refused to give consent and, based on the information
 5      available to the provider, the provider reasonably believes
 6      that the homeless minor would incur harm or would be subject
 7      to threatened harm if the homeless minor returned immediately
 8      to the home of the parent, legal guardian or legal custodian;
 9      or
10            (3)   the homeless minor has refused to provide contact
11      information for the homeless minor's parent, legal guardian
12      or legal custodian, and the provider reasonably believes that
13      the homeless minor would incur harm or would be subject to
14      threatened harm if the homeless minor returned immediately to
15      the home of the parent, legal guardian or legal custodian.
16      (e)   Duration of consent for no-cost emergency shelter,
17   housing and related services.--Any consent given under
18   subsection (d) by a homeless minor shall, for the duration of
19   the period of shelter or housing and with respect to all
20   services, including medical services, be valid and binding as if
21   the homeless minor had reached the age of majority. The
22   following shall apply:
23            (1)   The consent given under subsection (d) shall not be
24      subject to later disaffirmance by reason of the homeless
25      minor's minority.
26            (2)   A provider who renders emergency shelter, housing
27      and related services to a homeless minor under and can
28      demonstrate compliance with subsection (d) shall be immune
29      from civil or criminal liability based on the provider's
30      determination to provide the emergency shelter, housing and

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 1      related services, provided that, if a provider's assessment
 2      and determination or conduct in providing emergency shelter,
 3      housing and related services is the result of the provider's
 4      gross negligence or willful or wanton acts or omissions, the
 5      provider may be held liable for the provider's gross
 6      negligence or willful or wanton acts or omissions.
 7            (3)   A provider who renders emergency shelter, housing
 8      and related services to a homeless minor shall document in
 9      writing the efforts made to contact the homeless minor's
10      parent, legal guardian or legal custodian.
11            (4)   The provider shall report suspected child abuse or
12      neglect to the county agency or the local police department
13      in accordance with this title.
14      (f)   Definitions.--As used in this section, the following
15   words and phrases shall have the meanings given to them in this
16   subsection unless the context clearly indicates otherwise:
17      "County agency."       As defined in section 6303 (relating to
18   definitions).
19      "Homeless minor."       An individual who is under 18 years of
20   age, who lives apart from the individual's parent, legal
21   guardian or legal custodian and who lacks a fixed and regular
22   nighttime residence. The term includes the following:
23            (1)   A child or youth who is:
24                  (i)    sharing the housing of other individuals due to
25            loss of housing, economic hardship or other similar
26            reasons;
27                  (ii)    living in a motel, hotel, trailer park or
28            camping ground due to the lack of alternative adequate
29            accommodations;
30                  (iii)    living in an emergency or transitional

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 1          shelter; or
 2                 (iv)    abandoned in a hospital.
 3          (2)     A child or youth who has a primary nighttime
 4      residence that is a public or private place not designed for
 5      or ordinarily used as a regular sleeping accommodation for
 6      human beings.
 7          (3)     A child or youth who is living in a car, park,
 8      public space, abandoned building, substandard housing, bus or
 9      train station or similar setting.
10          (4)     Migratory child, as defined under 20 U.S.C. § 6399
11      (relating to definitions), living in circumstances under
12      paragraph (1), (2) or (3).
13      "Minor."    An individual under 18 years of age.
14      "Provider."       An organization established to provide emergency
15   shelter to minors and to provide related services, health care
16   or supplies.
17      Section 2.    This act shall take effect in 60 days.




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