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PRIOR PRINTER'S NO. 2321 PRINTER'S NO. 2618
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1873
Session of
2025
INTRODUCED BY McNEILL, KRAJEWSKI, ZIMMERMAN, WAXMAN, HILL-EVANS,
McANDREW, SANCHEZ, SALISBURY, CIRESI, BOYD, GAYDOS AND FRIEL,
SEPTEMBER 19, 2025
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 18, 2025
AN ACT
Amending Titles 18 (Crimes and Offenses), 23 (Domestic
Relations) and 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in offenses against the
family, further providing for the offense of endangering
welfare of children; in child protective services, further
providing for definitions and for exclusions from child
abuse; and, in juvenile matters, further providing for
definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4304(a)(1) and (2) of Title 18 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
§ 4304. Endangering welfare of children.
(a) Offense defined.--
(1) [A] Except as provided in subsection (a.1), a
parent, guardian or other person supervising the welfare of a
child under 18 years of age, or a person that employs or
supervises such a person, commits an offense if he knowingly
endangers the welfare of the child by violating a duty of
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care, protection or support.
(2) [A] Except as provided in subsection (a.1), a person
commits an offense if the person, in an official capacity,
prevents or interferes with the making of a report of
suspected child abuse under 23 Pa.C.S. Ch. 63 (relating to
child protective services).
* * *
(a.1) Exceptions.--It shall not be considered an offense
under subsection (a) if:
(1) the conduct does not constitute abuse as defined in
23 Pa.C.S. § 6102 (relating to definitions); or
(2) the child is not a dependent child as defined in 42
Pa.C.S. § 6302 (relating to definitions).
* * *
Section 2. The definition of "serious physical neglect" in
section 6303(a) of Title 23 is amended to read:
§ 6303. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"Serious physical neglect." Any of the following when
committed by a perpetrator that endangers a child's life or
health, threatens a child's well-being, causes bodily injury or
impairs a child's health, development or functioning:
(1) A repeated, prolonged or egregious failure to
supervise a child in a manner that is [appropriate] necessary
considering the child's developmental age and abilities.
(2) The deliberate failure to provide a child with
[adequate] essentials of life, including food, shelter or
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medical care.
* * *
Section 3. Section 6304 of Title 23 is amended by adding a
subsection to read:
§ 6304. Exclusions from child abuse.
* * *
(d.1) Supervision and independent activities.--
(1) Nothing in this chapter shall be construed to
restrict the rights of a parent to determine the level of
supervision given to a child in a manner that is appropriate
considering the child's development and abilities.
(2) A parent may permit a child of sufficient maturity
to engage in independent activities, including:
(i) Traveling to and from school, including walking,
running or bicycling.
(ii) Tr aveling to and from nearby commercial or
recreational facilities.
(iii) Engaging in outdoor play.
(iv) Notwithstanding 75 Pa.C.S. § 3701.1 (relating
to leaving an unattended child in a motor vehicle),
remaining in a vehicle unattended.
(v) Remaining at home or in a location unattended.
(vi) Providing care for younger siblings or family
members.
(vii) Engaging in a similar independent activity.
(3) A decision by a parent relating to supervision or
independent activities of a child under paragraph (2) shall
not constitute serious physical neglect, child abuse as
defined under section 6303 (relating to definitions) or an
offense under 18 Pa.C.S. § 4304 (relating to endangering
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welfare of children), unless the parent willfully or
recklessly disregards an obvious A FORESEEABLE danger to the
child for which a reasonable and prudent parent would take
precautionary measures to prevent subjecting the child to an
unreasonable risk of serious harm.
* * *
Section 4. Paragraph (1) of the definition of "dependent
child" in section 6302 of Title 42 is amended to read:
§ 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:
* * *
"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] shall 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,] serious and likely risk of harm, 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;] serious and likely
risk of harm, but this paragraph shall not be construed to
restrict the rights of a parent to determine the level of
supervision given to a child in a manner that is appropriate
considering the child's development and abilities;
* * *
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Section 5. All regulations and parts of regulations are
abrogated to the extent of any inconsistency with this act.
Section 6. This act shall take effect in 60 days.
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