Committee advances bill to bar parental incarceration as sole basis for terminating parental rights

House Bill 285, sponsored by Representative Krayjewski, was reported from the House Children and Youth Committee after members adopted an amendment removing arrest-protocol provisions. Committee staff Danielle summarized the bill as amending Titles 23, 42 and 44 of the Pennsylvania Consolidated Statutes to clarify that "the rights of a parent cannot be terminated solely on the basis of parental incarceration." The measure also would allow a county agency to consider parental incarceration exceeding 15 months as a compelling reason in narrow circumstances if the parent has made feasible efforts to comply with a family service plan and maintains a meaningful role in the child's life.

In remarks to the committee, Representative Krayjewski said the bill "is a very simple bill at its core" and argued it seeks to limit collateral damage to children when a parent is incarcerated. She cited research, summarized in a joint state government commission report, that contact with family eases an incarcerated person's transition back into the community and reduces recidivism.

Chairwoman Bullock offered amendment A03052, which Danielle described as removing the bill's arrest-protocol chapter. During debate a committee member noted the Pennsylvania State Police had identified the arrest-protocol language as problematic; members voiced support for the amendment and it was adopted with no negative votes announced.

Representative Curry moved the committee to adopt the bill as amended; Representative McAndrew seconded. The chair announced there were no negative votes and said the bill passed unanimously and was reported from committee.

The committee did not adopt the arrest-protocol language; the bill as reported focuses on limiting the use of incarceration alone as the basis for involuntary termination of parental rights. The committee record shows interested parties including Community Legal Services of Philadelphia, the Pennsylvania Council of Children, Youth, and Family Services, and the Pennsylvania Family Support Alliance supported the legislation; the Pennsylvania Partnerships for Children was recorded as neutral. The bill will next be acted on according to the House calendar.