AppendixAPPENDIX TO TITLE 23 DOMESTIC RELATIONS

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Supplementary Provisions of Amendatory Statutes

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1980, OCTOBER 15, P.L.934, NO.163

§ 3.  Applicability.

This act shall apply to all proceedings begun after the effective date of this act. Proceedings in progress and not completed before the effective date of this act may be amended with leave of court after January 1, 1981 to conform to this act; otherwise, the proceedings shall be carried to their conclusion under the act of July 24, 1970 (P.L.620, No.208), known as the "Adoption Act."

Explanatory Note.  Act 163 added Parts III and IX of Title 23.

1990, DECEMBER 19, P.L.1240, NO.206

§ 5.  Construction of Divorce Code.

The provisions of 23 Pa.C.S. Pt. IV (relating to divorce) shall apply to all cases, whether the cause for divorce or annulment arose prior or subsequent to the enactment of this act. The provisions of 23 Pa.C.S. Pt. IV shall not affect any suit or action pending on the effective date of the Divorce Code of 1980, but the suit or action may be proceeded with and concluded either under the laws in existence when the suit or action was instituted, notwithstanding the repeal of such laws, or, upon application granted, under the provisions of 23 Pa.C.S. Pt. IV. The provisions of 23 Pa.C.S. Pt. IV shall not apply to any case in which a decree has been rendered prior to the effective date of the Divorce Code of 1980. The provisions of 23 Pa.C.S. Pt. IV shall not affect any marital agreement executed prior to the effective date of the Divorce Code of 1980 or any amendment or modification thereto.

Explanatory Note.  Act 206 added Parts I, II, IV and VII, Chapters 41, 51 and 55, Subchapter E of Chapter 25 and Subchapter D of Chapter 43 of Title 23.

§ 6.  Repeals.

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(b)  Nothing in this act shall repeal, modify or supplant section 7 of the act of February 12, 1988 (P.L.66, No.13), entitled "An act amending the act of April 2, 1980 (P.L.63, No.26), entitled 'An act consolidating, revising and amending the divorce and annulment laws of the Commonwealth and making certain repeals,' further providing for grounds for divorce, enforcement of foreign decrees, procedure, jurisdiction, marital property, relief and alimony; providing for agreements between parties; making editorial changes; and making a repeal."

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1993, JULY 2, P.L.431, NO.62

Preamble

It is the intention of the General Assembly by enacting 23 Pa.C.S. § 4327 (relating to postsecondary educational costs) to codify the decision of the Superior Court in the case of Ulmer v. Sommerville, 200 Pa. Superior Ct. 640, 190 A.2d 182 (1963), and the subsequent line of cases interpreting Ulmer prior to the decision of the Pennsylvania Supreme Court in Blue v. Blue, 532 Pa. 521, 616 A.2d 628 (1992), decided on November 13, 1992.

Further, the General Assembly finds that it has a rational and legitimate governmental interest in requiring some parental financial assistance for a higher education for children of parents who are separated, divorced, unmarried or otherwise subject to an existing support obligation.

Explanatory Note.  Act 62 amended or added sections 4302, 4306, 4309, 4327, 4342, 4355 and 5103 of Title 23.

1994, DECEMBER 16, P.L.1292, NO.151

§ 9.  Department of Public Welfare Study.

The Department of Public Welfare shall study the advisability of the adoption of a protocol for the screening of anonymous referrals of suspected child abuse which might include requiring some corroboration of the alleged abuse prior to the commencement of an appropriate investigation under 23 Pa.C.S. The Department of Public Welfare shall report its conclusions and recommendations to the General Assembly regarding anonymous referrals no later than June 1, 1996.

Explanatory Note.  Act 151 amended or added sections 6302 and 6303, the heading of Subchapter B of Chapter 63, sections 6311, 6313, 6314, 6315, 6316, 6317, 6318, 6331, 6332, 6333, 6334, 6335, 6336, 6337, 6338, 6339, 6340, 6341, 6343, 6344, 6345, 6346, 6347 and 6349, Subchapters C.1 and C.2 and sections 6361, 6362, 6363, 6364, 6365, 6366, 6367, 6368, 6369, 6370, 6371, 6372, 6373, 6374, 6375, 6376, 6377, 6378, 6381, 6382, 6383 and 6385 of Title 23.

§ 10.  Effective date.

This act shall take effect as follows:

(1)  (i)  The addition of 23 Pa.C.S. §§ 6362(e) and 6375(c)(2) shall take effect upon the effective date of regulations promulgated by the Department of Public Welfare to implement the provisions of this act or within three years from July 1, 1995, whichever is earlier.

(ii)  Subparagraph (i) does not preclude the department from continuing to support the county agencies in the development of risk assessment processes prior to the adoption of regulations, as required under subparagraph (i).

(2)  (i)  The department shall promulgate regulations pertaining to general protective services as provided under this act no later than July 1, 1997.

(ii)  Regulations pertaining to general protective services that have been adopted by the department under 55 Pa. Code Ch. 3480 (relating to Child Protective Services - General) shall remain in effect until regulations have been adopted pursuant to subparagraph (i).

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1998, NOVEMBER 24, P.L.811, NO.103

Preamble

The General Assembly finds and declares as follows:

(1)  Existing law does not provide adequately for the needs of a parent who is terminally ill or who is periodically incapable of caring for the needs of a minor due to the parent's incapacity or debilitation resulting from illness and who desires to make long-term plans for the future of a minor without terminating or limiting in any way the parent's legal rights.

(2)  It is the intent of the General Assembly to create an expeditious procedure which will enable a parent who is terminally ill or periodically incapable or debilitated to make long-term plans for a minor without terminating or limiting in any manner parental rights.

Explanatory Note.  Act 103 added Chapter 56 of Title 23.

2004, NOVEMBER 29, P.L.1357, NO.175

§  5.  Applicability.

This act shall apply as follows:

(1)  The amendment of the definition of "separate and apart" in 23 Pa.C.S. § 3103 shall apply to complaints served before, on or after the effective date of this paragraph.

(2)  The addition of 23 Pa.C.S. § 3106 shall apply to premarital agreements executed on or after the effective date of this paragraph.

(3)  The amendment or addition of 23 Pa.C.S. § 3323(c) and (c.1) shall apply to bifurcation proceedings commenced on or after the effective date of this paragraph.

(4)  The amendment or addition of 20 Pa.C.S. § 2203(a) and (c) and 23 Pa.C.S. § 3323(d.1) shall apply to the death of one of the parties on or after the effective date of this paragraph irrespective of whether the divorce proceeding was commenced before, on or after the effective date of this paragraph.

(5)  The addition of 23 Pa.C.S. § 3323(g) shall apply to bifurcation proceedings commenced on or after the effective date of this paragraph and cases in which one of the parties dies on or after the effective date of this paragraph.

(6)  The amendment or addition of 23 Pa.C.S. § 3501(a)(3) and (a.1) shall apply to all equitable distribution proceedings irrespective of whether the proceeding was commenced before, on or after the effective date of this paragraph.

(7)  (Repealed).

(8)  The amendment or addition of 23 Pa.C.S. § 3502(a) introductory paragraph, (10.1) and (10.2) shall apply to all equitable distribution proceedings irrespective of whether the proceeding was commenced before, on or after the effective date of this paragraph.

(9)  The addition of 23 Pa.C.S. § 3502(f) shall apply to all divorce proceedings irrespective of whether the action was commenced before, on or after the effective date of this paragraph.

(10)  The amendment of 23 Pa.C.S. § 3505(d) shall apply to all equitable distribution proceedings irrespective of whether the proceeding was commenced before, on or after the effective date of this paragraph.

(11)  The amendment of 23 Pa.C.S. § 3506 shall apply to all orders made on or after the effective date of this paragraph.

(June 15, 2005, P.L.7, No.4, eff. imd.)

2005 Repeal Note.  Act 5 repealed par. (7).

Explanatory Note.  Act 175 amended or added sections 3103, 3106, 3323, 3501, 3502, 3505 and 3506 of Title 23.

2004, NOVEMBER 30, P.L.1618, NO.207

§ 28.  Applicability.

This act shall apply as follows:

(1)  Except as otherwise provided in paragraph (2), any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

(2)  Paragraph (1) shall not apply to the provisions of 71 Pa.C.S.

Explanatory Note.  Act 207 amended sections 102, 1503, 6102, 6113, 6113.1, and 6340 of Title 23.

§ 29.  Construction of law.

Nothing in this act shall be construed or deemed to provide magisterial district judges with retirement benefits or rights that are different from those available to district justices or justices of the peace immediately prior to the effective date of this act. Nothing in this act shall be construed or deemed to provide senior magisterial district judges with retirement benefits or rights that are different from those available to senior district justices immediately prior to the effective date of this act.

2005, JULY 7, P.L.196, NO.43

§ 4.  Continuation of prior law.

The addition of 23 Pa.C.S. Ch. 46 is a continuation of the act of June 24, 1937 (P.L.2045, No.397), known as The Support Law. The following apply:

(1)  Except as otherwise provided in 23 Pa.C.S. Ch. 46, all activities initiated under The Support Law shall continue and remain in full force and effect and may be completed under 23 Pa.C.S. Ch. 46. Orders, regulations and decisions which were made under The Support Law and which are in effect on the effective date of section 2 of this act shall remain in full force and effect until revoked, vacated or modified under 23 Pa.C.S. Ch. 46. Contracts, obligations and agreements entered into under The Support Law are not affected nor impaired by the repeal of The Support Law.

(2)  No provision of The Support Law which was suspended by order of the Supreme Court shall be revived by the addition of 23 Pa.C.S. Ch. 46.

(3)  Except as set forth in paragraph (4), any difference in language between 23 Pa.C.S. Ch. 46 and The Support Law is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of The Support Law.

(4)  Paragraph (3) does not apply to the addition of 23 Pa.C.S. § 4604(c) and (d).

(5)  Any reference in a statute or a regulation to The Support Law shall be deemed a reference to 23 Pa.C.S. Ch. 46.

Explanatory Note.  Act 43 amended or added Chapter 46 and section 6334 of Title 23.

2005, NOVEMBER 10, P.L.335, NO.66

Preamble

The General Assembly finds and declares as follows:

(1)  The provisions of 23 Pa.C.S. Ch. 61 (relating to protection from abuse) are necessary and proper in that they further the Commonwealth's compelling State interest to protect victims of domestic violence from abuse.

(2)  The Second Amendment to the Constitution of the United States and section 21 of Article I of the Constitution of Pennsylvania recognize a fundamental right to keep and bear arms.

(3)  The limitation of firearm rights for the duration of a protection from abuse order as authorized by 23 Pa.C.S. Ch. 61 is a reasonable regulation, a valid exercise of the police power of the Commonwealth and furthers the compelling State interest to protect victims from abuse.

(4)  As provided in 23 Pa.C.S. Ch. 61, a court may impose limitations on firearm rights prohibiting someone who has engaged in domestic violence from possessing firearms when the court deems it appropriate to do so in order to protect a victim.

Explanatory Note.  Act 66 amended or added sections 6102, 6105, 6106, 6109 and 6115 of Title 18 and sections 6102, 6103, 6104, 6105, 6106, 6107, 6108, 6108.1, 6108.2, 6108.3, 6108.4, 6108.5, 6110, 6113, 6113.1, 6114, 6117, 6119, 6120, 6121 and 6122 of Title 23.

2008, JULY 9, P.L.276, NO.33

§ 6.  Department of Public Welfare reports.

Within 12 months of the effective date of this section, the Department of Public Welfare shall submit a report to the Governor and General Assembly on implementation of child abuse and criminal history information requirements under the act of December 18, 2007 (P.L.469, No.73), entitled "An act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for information relating to prospective child-care personnel." Information shall include, but not be limited to:

(1)  A summary of the requirements of the act of December 18, 2007 (P.L.469, No.73), entitled "An act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for information relating to prospective child-care personnel."

(2)  The number of applicants for child-care services, day-care providers and foster and adoptive parents and adult persons who reside in their homes who are impacted by the requirements.

(3)  Fees for Federal criminal history record checks.

(4)  A description of the administrative process for the electronic transmission of fingerprints to the Federal Bureau of Investigation for Federal criminal history records.

(5)  Any findings and recommendations.

Explanatory Note.  Act 33 amended or added sections 6303, 6318, 6340, 6342, 6343, 6343.1, 6365 and 6367 of Title 23.

2013, DECEMBER 18, P.L.1167, NO.107

§ 6.  Applicability.

The amendment or addition of 23 Pa.C.S. §§ 5328(a)(2.1), 5329.1, 6340(a)(5.1) and 6375(o) and 42 Pa.C.S. §§ 6307(a)(4.1) and (6.5) and 6308(a)(6) shall apply to:

(1)  Any action regarding custody of a child under 23 Pa.C.S. Ch. 53 that is filed on or after the effective date of this section.

(2)  Any petition to modify a custody order under 23 Pa.C.S. Ch. 53 that is filed on or after the effective date of this section.

Explanatory Note.  Act 107 amended or added sections 5328, 5329.1, 6340 and 6375 of Title 23 and sections 6307 and 6308 of Title 42.

2014, OCTOBER 22, P.L.2529, NO.153

§ 15.  Study by Department of Human Services.

 The Department of Human Services, in conjunction with the Department of Education and the Pennsylvania Commission on Crime and Delinquency, shall conduct a study to analyze and make recommendations on employment bans for those having contact with children in this Commonwealth. The following apply:

(1)  The study shall include recommendations on all of the following:

(i)  Changes in permanent and temporary employment bans, which realign and make uniform the provisions of section 111 of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, and 23 Pa.C.S. Ch. 63 with regard to employment bans, including the offenses relating to the welfare of a child to be included in any ban.

(ii)  An appeals process.

(2)  The Department of Human Services shall, by December 31, 2015, report the study's findings and recommendations to:

(i)  The chairman and minority chairman of the Aging and Youth Committee of the Senate.

(ii)  The chairman and minority chairman of the Public Health and Welfare Committee of the Senate.

(iii)  The chairman and minority chairman of the Children and Youth Committee of the House of Representatives.

(iv)  The chairman and minority chairman of the Health Committee of the House of Representatives.

Explanatory Note.  Act 153 amended or added sections 2530, 6303, 6311, 6313, 6335, 6338.1, 6339, 6340, 6344, 6344.1, 6344.2, 6344.3, 6344.4, 6349, 6383 of Title 23 and section 6351.1 of Title 42.