HARRISBURG, PA — The Pennsylvania House approved two bipartisan child welfare bills Monday that would create a process for reinstating terminated parental rights and limit the role incarceration can play in decisions to permanently sever parent-child relationships.
House Bill 133, sponsored by state Rep. Rick Krajewski, D-Philadelphia, passed 191-11 and would establish a legal framework allowing parents whose rights have been terminated to petition courts for reinstatement under certain circumstances.
The legislation addresses a gap in Pennsylvania law as federal requirements mandate that child welfare agencies seek termination of parental rights when a child has remained in state custody for more than 15 months, with limited exceptions.
Krajewski argued the measure would create a pathway for parents who have addressed issues that led to the loss of custody.
“Parents can change. They deserve a fair chance to be reunited with their children, and kids deserve to finally go home,” Krajewski said.
State Rep. Sheryl Delozier, R-Cumberland, a co-prime sponsor of the bill, described the measure as balancing the interests of children and families.
“At its core, House Bill 133 is about creating a pathway that represents the best interests of children and families,” Delozier said. “It’s also about offering second chances to parents who’ve turned their lives around.”
Supporters pointed to testimony from a legislative hearing held last year, where advocates and human services officials described cases involving parents who lost custody because of issues such as substance use disorders, poverty, or incarceration but later achieved stability.
The House also approved House Bill 138 by a 200-2 vote. The measure would prohibit courts from using incarceration alone as the basis for terminating parental rights.
Under the proposal, courts would be permitted to consider whether an incarcerated parent is making efforts to comply with family service plans and maintain a meaningful relationship with their child while imprisoned.
“My stepfather was incarcerated, so I understand firsthand how this experience can affect a family,” Krajewski said. “Children and their parents should not needlessly suffer due to an outdated bureaucracy.”
Advocacy groups supporting the legislation argued that the bills would provide additional safeguards for families involved in the child welfare system.
“House Bill 138 is dedicated to protecting the family ties of children facing parental incarceration,” Kathleen Creamer, managing attorney of the Family Law Unit at Community Legal Services of Philadelphia, said in support of the measure.
April Lee, co-founder of Philly Voice for Change, called House Bill 133 “an important step toward keeping families together, promoting reunification and ensuring that children have every opportunity to return home when it is in their best interest.”
Both measures now move to the Pennsylvania Senate for consideration.
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