HB 138 — An Act amending Titles 23 (Domestic Relations) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in proceedings prior to petition to adopt, further providing for grounds for involuntary termination; and, in juvenile matters, further providing for disposition of dependent child.

PRINTER'S NO.   2253

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                             HOUSE BILL
                             No. 138
                                                    Session of
                                                      2025

     INTRODUCED BY KRAJEWSKI, SANCHEZ, CONKLIN, McNEILL, FIEDLER,
        KHAN, HOWARD, CEPEDA-FREYTIZ, HOHENSTEIN, HILL-EVANS,
        ISAACSON, FLEMING, GREEN, BOROWSKI, BOYD, MAYES AND MADDEN,
        SEPTEMBER 3, 2025

     REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, SEPTEMBER 4, 2025


                                         AN ACT
 1   Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
 2      Judicial Procedure) of the Pennsylvania Consolidated
 3      Statutes, in proceedings prior to petition to adopt, further
 4      providing for grounds for involuntary termination; and, in
 5      juvenile matters, further providing for disposition of
 6      dependent child.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.         Section 2511(b) of Title 23 of the Pennsylvania
10   Consolidated Statutes is amended to read:
11   § 2511.    Grounds for involuntary termination.
12      * * *
13      (b)    Other considerations.--
14             (1)   The court in terminating the rights of a parent
15      shall give primary consideration to the developmental,
16      physical and emotional needs and welfare of the child.
17             (2)   The rights of a parent shall not be terminated
18      solely on the basis of:
19                   (i)    environmental factors such as inadequate
 1             housing, furnishings, income, clothing and medical care
 2             if found to be beyond the control of the parent[.]; or
 3                   (ii)    parental incarceration.
 4             (3)     With respect to any petition filed pursuant to
 5      subsection (a)(1), (6) or (8), the court shall not consider
 6      any efforts by the parent to remedy the conditions described
 7      therein which are first initiated subsequent to the giving of
 8      notice of the filing of the petition.
 9      * * *
10      Section 2.         Section 6351(f)(9) of Title 42 is amended to
11   read:
12   § 6351.    Disposition of dependent child.
13      * * *
14      (f)    Matters to be determined at permanency hearing.--At each
15   permanency hearing, a court shall determine all of the
16   following:
17             * * *
18             (9)   If the child has been in placement for at least 15
19      of the last 22 months or the court has determined that
20      aggravated circumstances exist and that reasonable efforts to
21      prevent or eliminate the need to remove the child from the
22      child's parent, guardian or custodian or to preserve and
23      reunify the family need not be made or continue to be made,
24      whether the county agency has filed or sought to join a
25      petition to terminate parental rights and to identify,
26      recruit, process and approve a qualified family to adopt the
27      child unless any of the following provisions apply:
28                   (i)    [the] The child is being cared for by a relative
29             best suited to the physical, mental and moral welfare of
30             the child[;].

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 1             (ii)    [the] The county agency has documented a
 2        compelling reason for determining that filing a petition
 3        to terminate parental rights would not serve the needs
 4        and welfare of the child[; or]. A compelling reason may
 5        include parental incarceration for a period exceeding 15
 6        months, if:
 7                    (A)   the parent makes efforts to the extent
 8             feasible to comply with family service plan
 9             requirements and otherwise maintain a meaningful role
10             in the child's life during the time of incarceration;
11             and
12                    (B)   termination of parental rights is not
13             otherwise necessitated by the needs and welfare of
14             the child.
15             (iii)    [the] The child's family has not been provided
16        with necessary services to achieve the safe return to the
17        child's parent, guardian or custodian within the time
18        frames set forth in the permanency plan.
19        * * *
20    Section 3.     This act shall take effect in 60 days.




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