Kayden’s Law Passes House, Heads to Governor for Signature

March 25, 2024

HARRISBURG − March 25, 2024 − Critical legislation to save children’s lives is heading to Governor Shapiro’s desk after final passage in the House today.  Senate Bill 55, also known as Kayden’s Law, is legislation that provides urgently needed reform to Pennsylvania’s child custody statute. The bi-partisan legislation is sponsored by Senators Steve Santarsiero (D-10) and Lisa Baker (R-20), and is named for Kayden Mancuso, a seven-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.

“Today is a great day.  Today we are one step closer to protecting children in custody cases,” said Senator Santarsiero.  “This has been a years-long collaborative effort led by the tireless advocacy of Kayden’s mom Kathy Sherlock, along with family law advocates and experts.  Kayden’s Law is finally headed to the Governor for signature and, when signed into law, will save children’s lives by ensuring the safety of the child is paramount in custody cases and that no child will ever again be placed alone in a dangerous environment.”

“Whenever we have a heartbreaking loss such as Kayden, it is our obligation to make sure the circumstances cannot be repeated, to the greatest extent possible under law and human judgment, said Senator Baker.  “Punishment of the perpetrator is not enough.  This bill required a great deal of debate and advocacy to reach the point of passage.  Adding seven crimes judges must take into account is a responsible reaction to the suffering Kayden endured.”

Kayden’s Law will:

  • Strengthen the current factors that judges must consider in making custody and visitation decisions, to make it clear that the most important issue is the protection of the child;
  • Ensure that if there is a finding by the court of an ongoing risk of abuse, that any custody order includes safety conditions and restrictions necessary, including supervised visitation, to protect the child; and
  • 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.

Sen. Santarsiero continued, “I want to thank my colleague, and friend, Sen. Lisa Baker, for her partnership in writing the bill and helping it get through the Senate. I also want to thank my House colleagues Tina Davis and Perry Warren for their work on this issue. Most of all, I want to thank Kayden’s mom Kathy Sherlock for her courage and conviction to educate the public, lawmakers and court personnel on the importance of this issue.  This bill cannot heal the grievous wound that Kathy and her family have suffered, but by protecting our children moving forward, I hope it will give them some measure of solace.”

“More than five years ago I vowed to do whatever it took to protect children, and today, our mission of ‘not one more’ is becoming a reality in Pennsylvania,” said Kathy Sherlock.  “It should never be the case that children are ordered to remain in abusive or unsafe situations. I am grateful for Senators Santarsiero and Baker and Representatives Davis and Warren for their dedication to making sure we got legislation passed that puts commonsense safeguards in place to save children’s lives.  I also want to express my profound appreciation for the advocacy and guidance of Danielle Pollack and the National Family Violence Law Center.”

“The tenacious work of Kathy Sherlock, the Sherlock and Giglio families and their legion of supporters has been rewarded with the passage of this lifesaving legislation,” said Rep. Perry Warren (D-31). “In the wake of unspeakable tragedy Kayden’s family and friends’ dedicated their efforts to ensure that courts have the guidance and resources to make the best interest of the child the top priority in child custody determinations. Thank you to everyone who has worked to make this goal the law in Pennsylvania.”

Rep. Davis added, “Kayden Mancuso’s death was a true tragedy. While the passage of this law cannot undo her untimely death, it can hopefully prevent this from happening to another child and another family.”

Senate Bill 55 now goes to Governor Shapiro for signature.

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State Senate Policy Committee Holds Hearing on Child Custody Issues 

October 17, 2019

LOWER MAKEFIELD − October 17, 2019 – At the request of state Sen. Steve Santarsiero (D-10), the Senate Democratic Policy Committee held a hearing on Santarsiero’s SB 868, or “Kayden’s Law,” which would provide children in the family court system with greater legal protections by adding to the evidence judges consider in making custody and visitation decisions. 

“A child’s safety is too often overlooked in custody mandates, instead focusing primarily on parental rights,” Sen. Santarsiero said. “These proceedings, as we’ve seen, can mean the difference between life and death for children in dangerous situations. Pennsylvania must do more to protect the wellbeing of our children involved in custody disputes and Kayden’s Law is that next step.” 

Kayden’s Law is named after 7-year-old Kayden Mancuso of Lower Makefield Township, who was killed by her biological father last year during a court-mandated unsupervised visit. The father was granted unsupervised visitation despite an extensive history of violent behavior and suicidal thoughts. 

State Representatives Tina Davis (D-141) and Perry Warren (D-31) have introduced a companion bill, HB 1587, also known as Kayden’s Law, in the House. 

Sen. Lisa Boscola (D-18), who chairs the Senate Democratic Policy Committee, added, “The safety of our children – especially in custody proceedings – needs to be a top priority. What is in a child’s best interest is often difficult to determine during these emotionally charged proceedings. Our laws need to make clear that a child’s safety is paramount.” 

A 2017 study conducted by the George Washington University Law School reviewed 4,000 domestic court cases and found that an abuser was given custody or unsupervised visitation 81% of the time. Kayden Mancuso was the 647th child of a divorced or separated parent to be killed in the United States by a parent since 2008. 

“Had the laws protected my child instead of parental rights, she would still be here,” said Kathryn Sherlock, mother of Kayden. “My child was failed by family court.” 

Senate Bill 868 encourages new guidelines for courts in custody and visitation rulings, including establishing an evidentiary hearing to thoroughly vet allegations of abuse, and urging the Administrative Office of Pennsylvania Courts to implement an ongoing, evidence-based training program for judges and other relevant court personnel regarding child abuse and domestic violence. 

Danielle Pollack, an ambassador of Child USA, gave lengthy testimony regarding the many instances when children are forced to live with a violent or sexually abusive parent by court order. She said 58,000 children are ordered into the care of abusive parents annually, in many cases because family courts put more emphasis on “reunification” of families as opposed to listening to the allegations of abuse from both parents and children. 

“It is up to us to create this change, using valid evidence-based approaches and enhanced training for judges and court personnel, not mythologies, personal biases, and theories which have no scientific validity,” Pollack said.  

In conclusion, Santarsiero said, “this is step one.” He said in reference to today’s testimony, and the suggestions made by all organizations about how to further training for those involved in child custody proceedings.  

“We need to build public support throughout the state to get this legislation passed,” Santarsiero said.  

Sens. Sharif Street (D- 3), Maria Collett (D- 12), John Sabatina (D- 5), and Katie Muth (D- 44) attended the hearing, as well as state Reps. Perry Warren (D- 31), Tina Davis (D- 141), and Wendy Ullman (D- 143) 

Those who testified at the policy hearing include:  

  • – Kathryn Sherlock, Child Custody Reform Advocate  
  • – Danielle Pollack, Ambassador, Child USA 
  • – Joyce Lukima, Chief Operating Officer, Pennsylvania Coalition Against Rape 
  • – McKenzie Clark, Legal Services Manager, Pennsylvania Coalition Against Domestic Violence 
  • – Penny Ettinger, Executive Director, NOVA Bucks 

Video of the hearing can be provided to press upon request, and video of the complete hearing will be posted to SenatorBoscola.com/policy after the hearing.  

A copy of SB 868 can be found here. 

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