Kayden's Law: Proposed Senate Bill Addressing Domestic Violence in Custody Matters
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A new bill has been introduced on the Senate level. SB 868 focuses on the issues of domestic violence and its potential effect on children in child custody situations. Kayden, whose parents never married, lived with her mother and stepfather in Langhorne. She was visiting her father at his Manayunk home as part of a court-approved custody arrangement in August of last year when he fatally beat her with a 35-pound dumbbell, then hanged himself. Jeffrey Mancuso had not been violent with Kayden but had been abusive to others. Bucks County Judge Jeffrey Trauger was aware of Mancuso’s violent or aggressive behavior toward Kayden’s mother, his own mother, and other adults when he granted Mancuso unsupervised weekend visits with his daughter in May 2018.
Under the Kayden’s Law, a court would have to impose “safety conditions” to protect a child, including supervised custody visits in a “therapeutic setting” in cases in which a parent has a history of abuse. The measures would broaden the definition of abuse to include threatening behavior, such as harassment and stalking. And they would recommend education and training programs about child abuse and domestic violence for judges and others involved in custody matters.
The bill further provides for award of custody, for factors to consider when awarding custody, for consideration of criminal conviction, for guardian ad litem for child, for counsel for child and for award of counsel fees, costs and expenses; in Administrative Office of Pennsylvania Courts, providing for child abuse and domestic violence education and training program for judges and court personnel; and, in depositions and witnesses, further providing for rights and services.
This is a proposed bill at this time and will likely have significant revisions. However, if some version of it is implemented there is the potential for the change in law with Kayden’s Bill. For information as to the proposed bill, visit the Pennsylvania General Assembly website at: www.legis.state.pa.us