Credit: Kayden’s Korner

The Pennsylvania Senate approved a bill Thursday that is designed to reform the child custody process.

Senate Bill 78, known as Kayden’s Law, has bipartisan support. It passed 46 to 4 and next heads to the Pennsylvania House.

The legislation was introduced 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. The two are the chairs of the Pennsylvania Senate Judiciary Committee.

Santarsiero’s office called the bill a piece of “landmark legislation that will save children’s lives.”

Kayden’s Law would 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 recommend the state court system add an annual educational and training a program for judges and court staff.

“Make no mistake, if signed into law, Senate Bill 78 will save children’s lives,” said Santarsiero. “No child in Pennsylvania should ever be left alone with an abuser, period.  Kayden’s Law will help ensure that that never happens again.”

State Sen. Steve Santarsiero talking to reporters.
Credit: PA Internet News Service

Baker stated: “Too many terrible tragedies are explained away with the unacceptable excuse that no system can protect everyone or anticipate the actions of individuals intent on violence. Our responsibility in protecting children is to take every reasonable step available to keep them from harm’s way.”

In 2018, Lower Makefield Township resident and Pennsbury elementary student Kayden Mancuso, 7, was killed in Philadelphia by her father during an unsupervised visit. Her father, who killed himself, had a history of threatening actions, but a county judge had approved unsupervised visits. The death of the girl brought a spotlight to the child custody process, including national press.

State represenatives Tina Davis, a Democrat from Bristol Township, and Perry Warren, a Democrat from Newtown Borough, both worked on issue, along with advocates, Santarsiero said.

In a statement, Kayden mom, Kathy Sherlock reacted to the senate approval.

“We have been working so hard for years now to see this day for justice for Kayden and for all the kids who are put in harms way by family courts every single day,” she said. “Kayden’s Law could have saved my daughter if it had been in place in 2018. Let’s hope it helps other children suffering and at risk right now.”

The American Civil Liberties Union (ACLU) of Pennsylvania opposed the bill earlier this year. The group said the bill could have “unintended consequences” for families.

Kayden’s Law was first introduced in 2019, but was not passed by the legislature before the term ended in 2020.

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