Senate Bill 868 (Kayden’s Law), a bill that would revamp the state’s child custody laws, was unanimously voted out of the Senate Judiciary Committee.
Sponsored by Sen. Steve Santarsiero (D-10th dist.), Kayden’s Law is named for Kayden Mancuso, a 7-year-old from Lower Makefield Township who was killed in August 2018 by her biological father during a court-ordered, unsupervised visit granted following a year-long custody dispute.
“Never again. That should be our vow as lawmakers. Never again should one of our children die or be abused because Pennsylvania law does not do enough to protect them. The tragedy of Kayden Mancuso’s death demonstrates that the current child custody law does not, in fact, do enough,” Santarsiero said. “For nearly two years now, I have been working with Reps. Tina Davis (D-141th dist.) and Perry Warren (D-31st dist.), the sponsors of the legislation in the House, as well as with Kayden’s family and experts in the field of child abuse and child custody issues, to craft legislation that would make a fundamental change to Pennsylvania’s child custody law to make it forever clear that the safety of our children is the most important concern.”
“Children should be our No. 1 priority. Their safety should be our No. 1 priority,” said Kathy Sherlock, mother of Kayden Mancuso. “Parental rights supersede children’s rights in our courts, and that’s backwards. We’re hoping that Pennsylvania leads in something we so desperately need.”
The changes proposed in Kayden’s Law will strengthen the current factors that judges consider to decide custody decisions and emphasize which party would ensure the health and safety of the child, and ensure that if there is a finding by the court of a history of abuse or an ongoing risk of abuse, that any custody order includes safety conditions and restrictions necessary to protect the child. The bill would also encourage the Supreme Court of Pennsylvania to implement an annual educational and training program for judges and relevant court personnel on child abuse, adverse childhood experiences, domestic violence and its impact on children.
“The safety of our children is paramount. Kayden’s Law will ensure that the best interest of the child is the top priority in judicial child custody and visitation decisions,” Warren said. “The Senate Judiciary Committee’s unanimous vote is a critical step forward in making this lifesaving bill become law. Thank you to Kathy Sherlock for her courage and to Sen. Santarsiero. Rep. Tina Davis and I join the senator in introducing and advocating for Kayden’s Law in the House.”
“I applaud the Senate Judiciary Committee in moving Kayden’s Law forward today,” Davis said. “This is a great first step towards protecting children by ensuring the courts look at the warning signs of abuse and neglect in child custody cases. My colleagues and I will fight to continue moving this legislation forward and into a law that will save lives and prevent another Kayden Mancuso tragedy.”
