Kayden’s Law: Strengthening Child Safety in Custody Cases

Senate Bill 55, known as Kayden’s Law, took effect in Pennsylvania on August 13th, 2024. This legislation was created in response to the tragic death of seven-year-old Kayden Mancuso and aims to improve child safety in custody cases.

Kayden was killed by her biological father three months after a custody order granted him unsupervised visits. This order was granted despite the father’s violent behavior apparent in a Protection from Abuse Order against him and assault charges. This heartbreaking event highlighted the need for change in custody laws to better protect children.

To address this, Kayden’s Law makes important changes to the way Pennsylvania courts handle custody decisions. One key change is the revision of the custody factors considered by the courts when making custody-related determinations. The first custody factor was changed from stating, “Which party is more likely to support the child spending time with the other party” to “Which party is more likely to keep the child safe.” This amendment places a greater emphasis on the child's safety.

Similarly, the thirteenth factor was changed to recognize that a parent protecting themselves from abuse is not a sign of unwillingness to cooperate with the other party. This adjustment aims to support domestic violence survivors, ensuring their efforts to protect themselves and their children are not used against them.

Moreover, the legislation also introduces new rules about custody. For instance, if a court finds that a party has subjected the child or any household member to abuse, the default order will be supervised physical custody for that party unless they no longer pose a risk.

Additionally, Kayden’s Law expands the list of criminal convictions that courts must consider in custody decisions. Offenses like simple assault, reckless endangerment, strangulation, and cruelty to animals are now included, recognizing that these actions signal potential risks to a child's safety. Overall, Kayden’s Law ensures that child safety is the top priority in custody decisions. This legislation underscores the importance of protecting children and preventing tragedies like Kayden’s from happening again.

The author is a student fellow funded by the Equal Justice Works Crime Victim Advocacy Program. The Crime Victim Advocacy Program is supported by a subaward from Equal Justice Works as part of a Cooperative Agreement No. 15POVC-22-GK-01116-NONF, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, conclusions, or recommendations expressed in this article are those of the author(s) and do not necessarily represent the official position or policies of the U.S. Department of Justice or Equal Justice Works.