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Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 5329.1 (2026)

 Consideration of child abuse and involvement with protective services.

✓ current as of May 2026
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§ 5329.1.  Consideration of child abuse and involvement with protective services.

(a)  Information sharing.--In accordance with section 6340(a)(5.1) (relating to release of information in confidential reports), where a party seeks any form of custody, subject to the examination of the parties, the court shall determine:

(1)  With respect to child abuse under Chapter 63 (relating to child protective services) or a child who is a victim of a crime under 18 Pa.C.S. (relating to crimes and offenses) which would constitute abuse under Chapter 63:

(i)  Whether the child is the subject of an indicated or founded report of child abuse.

(ii)  Whether a party or a member of the party's household has been identified as the perpetrator in an indicated or founded report of child abuse.

(iii)  The date and circumstances of the child abuse.

(iv)  The jurisdiction where the child abuse investigation took place.

(2)  With respect to child protective services or general protective services under Chapter 63:

(i)  Whether a party or a member of a party's household has been provided services.

(ii)  The type of services provided.

(iii)  The circumstances surrounding the provision of services.

(iv)  The status of services.

(v)  The date the services were provided.

(vi)  The jurisdiction where the services were provided.

(b)  Cooperation.--The following apply:

(1)  The Department of Public Welfare and the county children and youth social service agency shall fully cooperate with the court and assist the court in fulfilling its duties under this section.

(2)  The Department of Public Welfare and the county children and youth social service agency shall fully cooperate with the governing authority in order to implement the provisions of this section.

(3)  The governing authority shall develop procedures to implement the provisions of this section.

(4)  As used in this subsection, the term "governing authority" shall have the meaning given to it in 42 Pa.C.S. § 102 (relating to definitions).

(Dec. 18, 2013, P.L.1167, No.107, eff. Jan. 1, 2014)

 

2013 Amendment.  Act 107 added section 5329.1. See section 6 of Act 107 in the appendix to this title for special provisions relating to applicability.

References in Text.  The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

Cross References.  Section 5329.1 is referred to in sections 5323, 5328, 6340 of this title; section 6307 of Title 42 (Judiciary and Judicial Procedure).

Notes of Decisions
Cited in 5 cases (4 in the last 5 years), 2018–2025 · leading case: Velasquez, L., Aplt v. Miranda, L. (Pa. 2024).
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Velasquez, L., Aplt v. Miranda, L. (Pa. 2024). · cites it 4× “at 10, citing 23 Pa.C.S. §§5329.1, 5402. 8 According to the court, these statutes apply only in cases of “child abuse where protective services are involved, or where a crime has been committed.”
Walter, F. v. Stoltenberg, C. (Pa. Super. Ct. 2023). · cites it 3× “23 Pa.C.S. § 5329.1(a). -6- J-S01033-23 the appointment of counsel for Mother and ruling that Father’s objections to the motion to quash were moot as they were filed after the court’s rulings on the Motion for Hearing.”
V.D.B. v. J.J.H. (Pa. Super. Ct. 2018). “” 23 Pa.C.S. § 5329.1 provides that where a party seeks custody, the court shall determine whether 1) the child is subject of an indicated report of child abuse; 2) whether a party or a member of the party’s household has been identified as the perpetrator in an indicated report…”
Velasquez, L., Aplt v. Miranda, L. (Pa. 2024). “§ 6303(a) (definition of “serious physical neglect”); and (5) 23 Pa. C.S. § 5329.1 (relating to child abuse and protective services in custody proceedings).”
Talik, K. v. Meals, J. (Pa. Super. Ct. 2025). “23 Pa.C.S. § 5329.1(a)(1); see id. § 5328(a)(2.”
23 Pa. Cons. Stat. § 5329.1(a): 2 cases
Walter, F. v. Stoltenberg, C. (Pa. Super. Ct. 2023). “23 Pa.C.S. § 5329.1(a). -6- J-S01033-23 the appointment of counsel for Mother and ruling that Father’s objections to the motion to quash were moot as they were filed after the court’s rulings on the Motion for Hearing.”
Velasquez, L., Aplt v. Miranda, L. (Pa. 2024). “at 10, citing 23 Pa.C.S. §§5329.1, 5402. 8 According to the court, these statutes apply only in cases of “child abuse where protective services are involved, or where a crime has been committed.”
23 Pa. Cons. Stat. § 5329.1(a)(1): 2 cases
Velasquez, L., Aplt v. Miranda, L. (Pa. 2024). “at 10, citing 23 Pa.C.S. §§5329.1, 5402. 8 According to the court, these statutes apply only in cases of “child abuse where protective services are involved, or where a crime has been committed.”
Talik, K. v. Meals, J. (Pa. Super. Ct. 2025). “23 Pa.C.S. § 5329.1(a)(1); see id. § 5328(a)(2.”
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