An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in general provisions relating to children and minors, providing for contracting and consent by certain minors.

PRINTER'S NO. 1501
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1307
Session of
2025
INTRODUCED BY FLEMING, KRAJEWSKI, GIRAL, KHAN, HILL-EVANS,
McNEILL, CERRATO, SANCHEZ, WAXMAN, D. WILLIAMS, CARROLL,
GREEN, CURRY AND K.HARRIS, APRIL 28, 2025
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 28, 2025
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in general provisions relating to
children and minors, providing for contracting and consent by
certain minors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 23 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5106. Contracting and consent by certain minors.
(a) Requirements to enter contract.--A minor may contract
for housing, employment, purchase of an automobile, receipt of a
student loan, admission to high school or postsecondary school,
obtaining medical care, opening a bank account, admission to a
shelter for victims of domestic violence or a homeless shelter
and receipt of services as a victim of domestic violence or
sexual abuse, including, but not limited to, counseling, court
advocacy, financial assistance and other advocacy services, if:
(1) The minor is at least 16 years of age.
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(2) The minor is a homeless minor.
(3) The minor is self-supporting and is without the
physical or financial support of a parent or legal guardian.
(4) The minor's parent or legal guardian has consented
to the minor living independent of the parent's or legal
guardian's control. Consent may be expressed or implied as
follows:
(i) Expressed consent shall be a verbal or written
statement made by the parent or legal guardian of the
minor displaying approval or agreement that the minor may
live independently of the parent's or legal guardian's
control.
(ii) Implied consent shall be an action made by the
parent or legal guardian of the minor that indicates that
the parent or legal guardian is unwilling or unable to
adequately care for the minor. The actions may include,
but are not limited to:
(A) barring the minor from the home or otherwise
indicating that the minor is not welcome to stay;
(B) refusing to provide any or all financial
support for the minor; or
(C) abusing or neglecting the minor or
committing an act of domestic violence against the
minor.
(b) Contract for automobile insurance.--A homeless minor or
a minor who is 16 years of age or older and who is in the legal
custody of a county agency under an order of a court of
competent jurisdiction may contract for the purchase of
automobile insurance with the consent of the county agency or
the juvenile court. The minor shall be responsible for paying
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the costs of the insurance premiums and shall be liable for
damages caused by the minor's negligent operation of a motor
vehicle. No county agency, foster parent or entity providing
case management of children on behalf of a county agency shall
be responsible for paying insurance premiums nor liable for any
damages of any kind as a result of the operation of a motor
vehicle by the minor.
(c) Contract for checking or savings account.--A homeless
minor or a minor who is 16 years of age or older and who is in
the legal custody of a county agency under an order of a court
of competent jurisdiction may contract for the opening of a
checking or savings bank account with the consent of the county
agency or the juvenile court. The minor shall be responsible for
paying all banking-related costs associated with the checking or
savings bank account and shall be liable for any and all
penalties should the minor violate a banking agreement. No
county agency, foster parent or entity providing case management
of children on behalf of a county agency shall be responsible
for paying bank fees nor liable for any penalties related to
violation of a banking agreement.
(d) Consent for no-cost emergency shelter, housing and
related services.--A homeless minor may consent to no-cost
emergency shelter, housing and related services if the homeless
minor understands the benefits, responsibilities, risks and
limits of the shelter, housing and services and the homeless
minor agrees to adhere to the provider's rules and cooperate and
participate in the services recommended by the provider if:
(1) the provider has not, despite reasonable efforts,
been able to contact the homeless minor's parent, legal
guardian or legal custodian;
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(2) the provider has made contact with the homeless
minor's parent, legal guardian or legal custodian and the
homeless minor's parent, legal guardian or legal custodian
has refused to give consent and, based on the information
available to the provider, the provider reasonably believes
that the homeless minor would incur harm or would be subject
to threatened harm if the homeless minor returned immediately
to the home of the parent, legal guardian or legal custodian;
or
(3) the homeless minor has refused to provide contact
information for the homeless minor's parent, legal guardian
or legal custodian, and the provider reasonably believes that
the homeless minor would incur harm or would be subject to
threatened harm if the homeless minor returned immediately to
the home of the parent, legal guardian or legal custodian.
(e) Duration of consent for no-cost emergency shelter,
housing and related services.--Any consent given under
subsection (d) by a homeless minor shall, for the duration of
the period of shelter or housing and with respect to all
services, including medical services, be valid and binding as if
the homeless minor had reached the age of majority. The
following shall apply:
(1) The consent given under subsection (d) shall not be
subject to later disaffirmance by reason of the homeless
minor's minority.
(2) A provider who renders emergency shelter, housing
and related services to a homeless minor under and can
demonstrate compliance with subsection (d) shall be immune
from civil or criminal liability based on the provider's
determination to provide the emergency shelter, housing and
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related services, provided that, if a provider's assessment
and determination or conduct in providing emergency shelter,
housing and related services is the result of the provider's
gross negligence or willful or wanton acts or omissions, the
provider may be held liable for the provider's gross
negligence or willful or wanton acts or omissions.
(3) A provider who renders emergency shelter, housing
and related services to a homeless minor shall document in
writing the efforts made to contact the homeless minor's
parent, legal guardian or legal custodian.
(4) The provider shall report suspected child abuse or
neglect to the county agency or the local police department
in accordance with this title.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"County agency." As defined in section 6303 (relating to
definitions).
"Homeless minor." An individual who is under 18 years of
age, who lives apart from the individual's parent, legal
guardian or legal custodian and who lacks a fixed and regular
nighttime residence. The term includes the following:
(1) A child or youth who is:
(i) sharing the housing of other individuals due to
loss of housing, economic hardship or other similar
reasons;
(ii) living in a motel, hotel, trailer park or
camping ground due to the lack of alternative adequate
accommodations;
(iii) living in an emergency or transitional
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shelter; or
(iv) abandoned in a hospital.
(2) A child or youth who has a primary nighttime
residence that is a public or private place not designed for
or ordinarily used as a regular sleeping accommodation for
human beings.
(3) A child or youth who is living in a car, park,
public space, abandoned building, substandard housing, bus or
train station or similar setting.
(4) Migratory child, as defined under 20 U.S.C. § 6399
(relating to definitions), living in circumstances under
paragraph (1), (2) or (3).
"Minor." An individual under 18 years of age.
"Provider." An organization established to provide emergency
shelter to minors and to provide related services, health care
or supplies.
Section 2. This act shall take effect in 60 days.
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