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| Risk of Harm Hearings are intended to Protect Children |
Pennsylvania has required a Risk of Harm Hearing to address any relevant criminal history in the background of associated adults for all Child Custody actions for many years now, but recent changes in the law, as handed down by court decisions have changed the rubric for many courts.
What you need to know, however, is that in a new custody action, each party is required to submit a 5329 Criminal History Certification for each adult living in the same home as the child or children in question, and that a Risk of Harm Hearing is required to be held to determine if those enumerated convictions represent a continuing Risk of Harm to the child.
In short, if you are living with someone with a criminal history, particularly for general violence, abuse, domestic violence, or any other sort of potential unpredictable and dangerous action listed under the statute, the court is required by law to see if it is appropriate to intervene and thereby guarantee that person will not harm the child or children in the future. This includes grandmothers and grandfathers, boyfriends, girlfriends, or any other adult living in the home with the child.
While some courts look at this as a pro forma requirement, that such convictions really have no bearing on the case, this isn't always the case. If someone has a 20 year old DUI and they don't drink anymore and have had no more problems since then, perhaps the conviction is irrelevant. But if someone was convicted of assault, has temper problems, has never undergone Anger Management courses, and is regularly expected to babysit a young child, this could be a risk not worth taking.
If a conviction shows a propensity for violence, anger, or abuse, and nothing has been done to address the behavior since then, it might be appropriate to hear full testimony on the matter and determine if it is safe for your child to be around that person. That is the purpose of a 5329 Hearing.
This is why it is incredibly important to know the criminal history of anyone you or your child's other parent are associating with and to disclose this information at the start or the case, or if the living situation changes such that a person like this moves into the home.
For a list of offenses that the court is most interested in and requires disclosure for: Click Here
If you are facing a 5329 Risk of Harm Hearing, and you have a genuine concern for your child, I would be happy to discuss your legal options and the facts surrounding the conviction and its relevance to your case.
Call today at (717) 393-3464 for an appointment.
Good Luck!
Disclaimer: This post is meant for informational purposes only and should not be construed as legal advice within the bounds of a professional relationship, and does not create an attorney-client relationship. It is always best to seek counsel with a competent attorney licensed in your state, experienced in your area of issue, and fully informed about the facts of your case.
