Legislation named after a Pennsbury School District student who was tragically murdered is moving forward in Harrisburg.
Senate Bill 78, known as Kayden’s Law, came before the Pennsylvania Senate Judiciary Committee Monday and was voted with bipartisan support out of committee.
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Kayden was killed in Philadelphia by her father during a 2018 unsupervised visit. Her father, who killed himself, had a history of threatening actions and a Bucks County judge had approved unsupervised visits. The death of the student of Pennsbury’s Edgewood Elementary School in Lower Makefield Township brought spotlight locally to the child custody process.
The bill aims to reform the child custody hearing process by strengthening factors that Pennsylvania judges must consider in making custody and visitation decisions, add safety conditions and restrictions to custody orders if there is a finding by the court of a history of abuse or an ongoing risk of abuse, and call on the Pennsylvania Supreme Court to add an annual educational and training program for judges and court staff on child abuse, adverse childhood experiences, domestic violence, and its impact on children.
Last September, Kayden’s Law was voted unanimously out of the Senate Judiciary Committee, but it was not passed by the legislature before the term ended in 2020. With the start of the new session this month, the bill was reintroduced by State Sen. Steve Santarsiero, a Democrat from Lower Makefield Township, and State Sen. Lisa Baker, a Republican who serves Luzerne, Pike, Susquehanna, Wayne, and Wyoming counties.
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Santarsiero told LevittownNow.com in a phone interview Monday that he is confident that the bill will gain bipartisan support in Senate and move onto the gain backing on the House.
“This was a victory and we are by no means across the finish line,” Santarsiero said. “This first and foremost puts the health and safety of the child first.”
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The legislation was crafted over 14 months after discussions with Kayden’s family, families in similar situations, experts in child abuse and child custody issues, and with support from State Rep. Tina Davis, of Bristol Township, and Perry Warren, of Newtown Borough, both Democrats, the state senator said.
“Our current state law failed to ensure the health and safety of Kayden, which was a heartbreaking tragedy, but, unfortunately, not unique. This bill requires a court to consider certain critical factors to ensure that the health and safety of children are weighed before custody of a child is awarded to any party or parties,” Baker said in a statement.
Kayden was the 647th child of a divorced or separated couple to be murdered by a parent since 2008.
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“Kayden’s death was a senseless and avoidable tragedy that shook our community, and together, the legislature can prevent others from experiencing this type of grief and loss. We must ensure the safety of our children is the most important concern in contentious custody battles,” Santarsiero said.
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