6302 - Definitions.
§ 6302. Definitions. The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: "Aggravated circumstances." Any of the following circumstances: (1) The child is in the custody of a county agency and either: (i) the identity or whereabouts of the parents is unknown and cannot be ascertained and the parent does not claim the child within three months of the date the child was taken into custody; or (ii) the identity or whereabouts of the parents is known and the parents have failed to maintain substantial and continuing contact with the child for a period of six months. (2) The child or another child of the parent has been the victim of physical abuse resulting in serious bodily injury, sexual violence or aggravated physical neglect by the parent. (3) The parent of the child has been convicted of any of the following offenses where the victim was a child: (i) criminal homicide under 18 Pa.C.S. Ch. 25 (relating to criminal homicide); (ii) a felony under 18 Pa.C.S. § 2702 (relating to aggravated assault), 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault) or 3125 (relating to aggravated indecent assault). (iii) A misdemeanor under 18 Pa.C.S. § 3126 (relating to indecent assault). (iv) An equivalent crime in another jurisdiction. (4) The attempt, solicitation or conspiracy to commit any of the offenses set forth in paragraph (3). (5) The parental rights of the parent have been involuntarily terminated with respect to a child of the parent. "Aggravated physical neglect." Any omission in the care of a child which results in a life-threatening condition or seriously impairs the child's functioning. "Assessment." An individualized examination of a child to determine the child's psychosocial needs and problems, including the type and extent of any mental health, substance abuse or co- occurring mental health and substance abuse disorders and recommendations for treatment. The term includes, but is not limited to, a drug and alcohol, psychological and psychiatric evaluation, records review, clinical interview and the administration of a formal test and instrument. "Board." The State Sexual Offenders Assessment Board. "Child." An individual who: (1) is under the age of 18 years; (2) is under the age of 21 years who committed an act of delinquency before reaching the age of 18 years; or (3) was adjudicated dependent before reaching the age of 18 years and who, while engaged in a course of instruction or treatment, requests the court to retain jurisdiction until the course has been completed, but in no event shall a child remain in a course of instruction or treatment past the age of 21 years. "County agency." The term as defined in 23 Pa.C.S. § 6303 (relating to definitions). "Court." The court of common pleas. "Court-appointed special advocate" or "CASA." An individual appointed by the court to participate as an advocate for a child who is dependent or alleged to be dependent. "Custodian." A person other than a parent or legal guardian, who stands in loco parentis to the child, or a person to whom legal custody of the child has been given by order of a court. "Delinquent act." (1) The term means an act designated a crime under the law of this Commonwealth, or of another state if the act occurred in that state, or under Federal law, or under local ordinances or an act which constitutes indirect criminal contempt under 23 Pa.C.S. Ch. 61 (relating to protection from abuse). (2) The term shall not include: (i) The crime of murder. (ii) Any of the following prohibited conduct where the child was 15 years of age or older at the time of the alleged conduct and a deadly weapon as defined in 18 Pa.C.S. § 2301 (relating to definitions) was used during the commission of the offense which, if committed by an adult, would be classified as: (A) Rape as defined in 18 Pa.C.S. § 3121 (relating to rape). (B) Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse). (C) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault). (D) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery). (E) Robbery of motor vehicle as defined in 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle). (F) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125 (relating to aggravated indecent assault). (G) Kidnapping as defined in 18 Pa.C.S. § 2901 (relating to kidnapping). (H) Voluntary manslaughter. (I) An attempt, conspiracy or solicitation to commit murder or any of these crimes as provided in 18 Pa.C.S. §§ 901 (relating to criminal attempt), 902 (relating to criminal solicitation) and 903 (relating to criminal conspiracy). (iii) Any of the following prohibited conduct where the child was 15 years of age or older at the time of the alleged conduct and has been previously adjudicated delinquent of any of the following prohibited conduct which, if committed by an adult, would be classified as: (A) Rape as defined in 18 Pa.C.S. § 3121. (B) Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123. (C) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii). (D) Robbery of motor vehicle as defined in 18 Pa.C.S. § 3702. (E) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125. (F) Kidnapping as defined in 18 Pa.C.S. § 2901. (G) Voluntary manslaughter. (H) An attempt, conspiracy or solicitation to commit murder or any of these crimes as provided in 18 Pa.C.S. §§ 901, 902 and 903. (iv) Summary offenses, unless the child fails to comply with a lawful sentence imposed thereunder, in which event notice of such fact shall be certified to the court. (v) A crime committed by a child who has been found guilty in a criminal proceeding for other than a summary offense. "Delinquent child." A child ten years of age or older whom the court has found to have committed a delinquent act and is in need of treatment, supervision or rehabilitation. "Dependent child." A child who: (1) is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health, or morals. A determination that there is a lack of proper parental care or control may be based upon evidence of conduct by the parent, guardian or other custodian that places the health, safety or welfare of the child at risk, including evidence of the parent's, guardian's or other custodian's use of alcohol or a controlled substance that places the health, safety or welfare of the child at risk; (2) has been placed for care or adoption in violation of law; (3) has been abandoned by his parents, guardian, or other custodian; (4) is without a parent, guardian, or legal custodian; (5) while subject to compulsory school attendance is habitually and without justification truant from school; (6) has committed a specific act or acts of habitual disobedience of the reasonable and lawful commands of his parent, guardian or other custodian and who is ungovernable and found to be in need of care, treatment or supervision; (7) is under the age of ten years and has committed a delinquent act; (8) has been formerly adjudicated dependent, and is under the jurisdiction of the court, subject to its conditions or placements and who commits an act which is defined as ungovernable in paragraph (6); (9) has been referred pursuant to section 6323 (relating to informal adjustment), and who commits an act which is defined as ungovernable in paragraph (6); or (10) is born to a parent whose parental rights with regard to another child have been involuntarily terminated under 23 Pa.C.S. § 2511 (relating to grounds for involuntary termination) within three years immediately preceding the date of birth of the child and conduct of the parent poses a risk to the health, safety or welfare of the child. "Facility designed or operated for the benefit of delinquent children." A facility that either identifies itself by charter, articles of incorporation or program description as solely for delinquent children. "Protective supervision." Supervision ordered by the court of children found to be dependent. "Screening." A process, regardless of whether it includes the administration of a formal instrument, that is designed to identify a child who is at increased risk of having mental health, substance abuse or co-occurring mental health and substance abuse disorders that warrant immediate attention, intervention or more comprehensive assessment. "Serious bodily injury." Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. "Sexual violence." Rape, indecent contact as defined in 18 Pa.C.S. § 3101 (relating to definitions), incest or using, causing, permitting, persuading or coercing the child to engage in a prohibited sexual act as defined in 18 Pa.C.S. § 6312(a) (relating to sexual abuse of children) or a simulation of a prohibited sexual act for the purpose of photographing, videotaping, depicting on computer or filming involving the child. "Shelter care." Temporary care of a child in physically unrestricted facilities. A facility approved by the Department of Public Welfare to provide shelter care may be located in the same building as a facility approved to provide secure detention services provided that children receiving shelter care services are segregated from the children receiving secure detention services as required by the department. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Mar. 15, 1995, 1st Sp.Sess., P.L.972, No.6, eff. 60 days; Nov. 17, 1995, 1st Sp.Sess., P.L.1127, No.33, eff. 120 days; June 18, 1998, P.L.640, No.84, eff. 60 days; Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999; Dec. 15, 1998, P.L.978, No.128, eff. 60 days; Dec. 20, 2000, P.L.946, No.129, eff. 60 days; Aug. 14, 2003, P.L.97, No.21, eff. 180 days; Oct. 9, 2008, P.L.1396, No.109, eff. 60 days) 2008 Amendment. Act 109 added the defs. of "assessment" and "screening." 2003 Amendment. Act 21 added the def. of "board." 2000 Amendment. Act 129 amended the def. of "shelter care" and added the def. of "facility designed or operated for the benefit of delinquent children." 1998 Amendments. Act 84 amended par. (1) of the def. of "delinquent act," Act 126 amended the def. of "dependent child" and added the defs. of "aggravated circumstances," "aggravated physical neglect," "county agency," "serious bodily injury" and "sexual violence" and Act 128 added the def. of "court-appointed special advocate" or "CASA." 1995 Amendments. Act 6, 1st Sp.Sess., amended the entire section and Act 33, 1st Sp.Sess., amended the def. of "delinquent act." Section 8 of Act 33, 1st Sp.Sess., provided that Act 33 shall apply to all delinquent acts committed on or after the effective date of Act 33. Care of Dependent Children. Section 31 of Act 53 of 1978 limits the liability of counties for costs of operating new shelter care programs for dependent children classified under paragraph (6) of the definition of "dependent child." Cross References. Section 6302 is referred to in sections 6303, 6311, 6322, 6323, 6327, 6351, 6355, 6402 of this title; sections 6114, 6315 of Title 23 (Domestic Relations).