HB 1873 — An Act amending Titles 18 (Crimes and Offenses), 23 (Domestic Relations) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in offenses against the family, further providing for the offense of endangering welfare of children; in child protective services, further providing for definitions and for exclusions from child abuse; and, in juvenile matters, further providing for definitions.

PRINTER'S NO.   2321

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 1873
                                                 Session of
                                                   2025

     INTRODUCED BY McNEILL, KRAJEWSKI, ZIMMERMAN, WAXMAN, HILL-EVANS,
        McANDREW, SANCHEZ, SALISBURY AND CIRESI, SEPTEMBER 19, 2025

     REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, SEPTEMBER 22, 2025


                                      AN ACT
 1   Amending Titles 18 (Crimes and Offenses), 23 (Domestic
 2      Relations) and 42 (Judiciary and Judicial Procedure) of the
 3      Pennsylvania Consolidated Statutes, in offenses against the
 4      family, further providing for the offense of endangering
 5      welfare of children; in child protective services, further
 6      providing for definitions and for exclusions from child
 7      abuse; and, in juvenile matters, further providing for
 8      definitions.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.     Section 4304(a)(1) and (2) of Title 18 of the
12   Pennsylvania Consolidated Statutes are amended and the section
13   is amended by adding a subsection to read:
14   § 4304.    Endangering welfare of children.
15      (a)    Offense defined.--
16             (1)   [A] Except as provided in subsection (a.1), a
17      parent, guardian or other person supervising the welfare of a
18      child under 18 years of age, or a person that employs or
19      supervises such a person, commits an offense if he knowingly
20      endangers the welfare of the child by violating a duty of
21      care, protection or support.
 1             (2)   [A] Except as provided in subsection (a.1), a person
 2      commits an offense if the person, in an official capacity,
 3      prevents or interferes with the making of a report of
 4      suspected child abuse under 23 Pa.C.S. Ch. 63 (relating to
 5      child protective services).
 6             * * *
 7      (a.1)    Exceptions.--It shall not be considered an offense
 8   under subsection (a) if:
 9             (1)   the conduct does not constitute abuse as defined in
10      23 Pa.C.S. § 6102 (relating to definitions); or
11             (2)   the child is not a dependent child as defined in 42
12      Pa.C.S. § 6302 (relating to definitions).
13      * * *
14      Section 2.     The definition of "serious physical neglect" in
15   section 6303(a) of Title 23 is amended to read:
16   § 6303.    Definitions.
17      (a)    General rule.--The following words and phrases when used
18   in this chapter shall have the meanings given to them in this
19   section unless the context clearly indicates otherwise:
20      * * *
21      "Serious physical neglect."      Any of the following when
22   committed by a perpetrator that endangers a child's life or
23   health, threatens a child's well-being, causes bodily injury or
24   impairs a child's health, development or functioning:
25             (1)   A repeated, prolonged or egregious failure to
26      supervise a child in a manner that is [appropriate] necessary
27      considering the child's developmental age and abilities.
28             (2)   The deliberate failure to provide a child with
29      [adequate] essentials of life, including food, shelter or
30      medical care.

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 1      * * *
 2      Section 3.         Section 6304 of Title 23 is amended by adding a
 3   subsection to read:
 4   § 6304.    Exclusions from child abuse.
 5      * * *
 6      (d.1)    Supervision and independent activities.--
 7             (1)   Nothing in this chapter shall be construed to
 8      restrict the rights of a parent to determine the level of
 9      supervision given to a child in a manner that is appropriate
10      considering the child's development and abilities.
11             (2)   A parent may permit a child of sufficient maturity
12      to engage in independent activities, including:
13                   (i)    Traveling to and from school, including walking,
14             running or bicycling.
15                   (ii)    Traveling to and from nearby commercial or
16             recreational facilities.
17                   (iii)    Engaging in outdoor play.
18                   (iv)    Notwithstanding 75 Pa.C.S. § 3701.1 (relating
19             to leaving an unattended child in a motor vehicle),
20             remaining in a vehicle unattended.
21                   (v)    Remaining at home or in a location unattended.
22                   (vi)    Providing care for younger siblings or family
23             members.
24                   (vii)    Engaging in a similar independent activity.
25             (3)   A decision by a parent relating to supervision or
26      independent activities of a child under paragraph (2) shall
27      not constitute serious physical neglect, child abuse as
28      defined under section 6303 (relating to definitions) or an
29      offense under 18 Pa.C.S. § 4304 (relating to endangering
30      welfare of children), unless the parent willfully or

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 1      recklessly disregards an obvious danger to the child for
 2      which a reasonable and prudent parent would take
 3      precautionary measures to prevent subjecting the child to an
 4      unreasonable risk of serious harm.
 5      * * *
 6      Section 4.   Paragraph (1) of the definition of "dependent
 7   child" in section 6302 of Title 42 is amended to read:
 8   § 6302.    Definitions.
 9      The following words and phrases when used in this chapter
10   shall have, unless the context clearly indicates otherwise, the
11   meanings given to them in this section:
12      * * *
13      "Dependent child."     A child who:
14          (1)   is without [proper] parental care or control,
15      subsistence, education as required by law, or other care or
16      control necessary for his physical, mental, or emotional
17      health[, or morals]. A determination that there is a lack of
18      [proper] parental care or control [may] shall be based upon
19      evidence of conduct by the parent, guardian or other
20      custodian that places the health, safety or welfare of the
21      child at [risk,] serious and likely risk of harm, including
22      evidence of the parent's, guardian's or other custodian's use
23      of alcohol or a controlled substance that places the health,
24      safety or welfare of the child at [risk;] serious and likely
25      risk of harm, but this paragraph shall not be construed to
26      restrict the rights of a parent to determine the level of
27      supervision given to a child in a manner that is appropriate
28      considering the child's development and abilities;
29          * * *
30      Section 5.   All regulations and parts of regulations are

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1   abrogated to the extent of any inconsistency with this act.
2      Section 6.   This act shall take effect in 60 days.




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