Understanding Kayden’s Law
In recent months, Pennsylvania enacted Kayden’s Law, also known as Senate Bill 55. Governor Shapiro signed the law on April 15 of this year and it went into effect on August 15, just a few months later. The law was put into motion after the tragic death of seven-year-old Kayden Mancuso, who died at the hands of her father, Jeffrey Mancuso. Kayden’s Law was championed by Kayden’s family and child advocacy groups, who have now changed Pennsylvania family law.
Kayden’s Story
Kayden Mancuso was tragically murdered by her biological father, Jeffrey Mancuso, in 2018. The death occurred during an unsupervised custody visit. Jeffrey Mancuso had a long history of mental health issues and violent behavior. Kayden’s mother repeatedly asked the court to consider only supervised visitation, as she was worried about her child’s health and safety. The court ignored these requests and awarded Kayden’s father unsupervised custody visits, ultimately leading to the child’s death.
The Impact of Kayden’s Law on Family Court Hearings
The Protection from Abuse Act, also known as Kayden’s Law, outlines a legal framework the court system must follow when addressing different types of domestic violence. Physical, psychological, and emotional abuse are all included in Kayden’s Law. The law allows victims of family violence to seek protective orders, which can legally prohibit an offender from approaching a victim or trying to make contact with them. The Act also goes further, encouraging the establishment of support services for victims, such as counseling, shelters, and legal guidance.
Visitation Requirements Under Kayden’s Law
Kayden’s Law made some changes to child custody in Pennsylvania. Kayden’s Law outlines specific methods for assessing factors such as parental capabilities, a child’s emotional needs, as well as any history of neglect or abuse when family law judges make decisions on child custody matters. The law also requires family courts to conduct thorough background checks to determine if there are risk factors for abuse, and expert testimony is also required when abuse is raised in the family courts. When there are concerns regarding a parent’s ability to provide a safe environment for a child, family law judges must consider supervised visitation.
Risk Assessments Under Kayden’s Law
Kayden’s law also outlines many protocols required to examine the background of each parent, including any history of substance abuse, domestic violence, or criminal activity. The ultimate goal is to outline any possible risks to the child. Social workers and psychologists appointed by the court often conduct this risk assessment. These professionals conduct interviews with the child and both parents and they can also review school reports, medical records, and more. They may also assess a child’s living environment.
Speak to a Family Lawyer in Lehighton Today
At The Law Office of Kim M. Gillen, P.C., our Lehighton family lawyer can represent your best interests, and those of your family, when going through a divorce. Call us now at 484-613-0011 or contact us online to schedule an appointment with our experienced attorney and to learn more about how we can help with your case.
Source:
law.cornell.edu/women-and-justice/resource/23_pa._c.s.a._§_6101_protection_from_abuse_act#:~:text=C.S.A.-,§ 6101, Protection from Abuse Act,member who is abusing them.
