Gov. Josh Shapiro is expected to sign a law reform bill named after Kayden Mancuso, the Lower Makefield girl who was murdered during an unsupervised visit with her father in 2018, a crime that drew national attention to the family court system.
The bill, known as “Kayden’s Law,” is named after seven-year-old Kayden, who lived with her mother and family in Bucks County before she was killed by her biological father on August 5, 2018.
Kayden's parents sued him for deathKayden Mancuso's mother is suing Bucks County judge, others say she failed to prevent her daughter's death
The House of Representatives on Monday passed the final version of Senate Bill 55 to reform the state's child custody laws, which now heads to Shapiro's desk. The bill was first presented in 2019.
“Today we are one step closer to protecting children in custody cases,” said State Senator Steven Santarsiero. D-10 of Lower Makefield, one of the lead sponsors of the bipartisan legislation bill.
More about Kayden Mancuso“I can't let Kayden die in vain.” “I Must Do It”: A Mother's Vow to Protect Children
What happened to Kayden Mancuso??
Kayden died after her father, Jeffrey Mancuso, struck her in the head at least three times with a 35-pound dumbbell during a court-ordered weekend visit to his Manayunk home. Mancuso left a two-page note on her body that read, “You all get what you deserve,” and then killed herself.
The murder-suicide came three months after Bucks County Common Pleas Judge Jeffrey Trauger issued a final custody order that limited Mancuso's visitation rights but allowed unsupervised visits.
After Kayden's murder, it was revealed that Mancuso had been diagnosed by a court-ordered psychiatrist as narcissistic, depressed, antisocial and suicidal. He also had a history of assault, erratic behavior, threats, alcohol and prescription drug abuse, but he had no allegations related to violence against Kayden.
A court-ordered evaluation recommended that Mancuso be granted unsupervised visitation only “subject to” his admission to psychiatric treatment, but Trauger did not order it. It was also learned that Trauger, who has served as a judge since 2016, had no experience in family law before taking office, although new judges are often assigned to family court first.
After the murder, Kayden's mother, Kathy Sherlock, dedicated herself to changing custody laws and advocating for family court reform and tightening laws to protect children in situations similar to her late daughter. She had fought in family court to restrict Mancuso's access to her child, saying he was dangerous. Her family founded the nonprofit organization Kayden's Korner to advocate for legislative change across the country.
What will Kayden's Law do?
It requires courts to conduct an evidentiary hearing and, in making their decision, first consider criminal convictions, criminal charges, child abuse and involvement in protective services for household members, as well as certain custody factors, and to ensure that any custody order includes security conditions and restrictions, if needed.
If the court finds that a child continues to be at risk of abuse or violence, any custody order must contain safety conditions and restrictions, which may include only supervised visitation.
The bill also requires, but does not require, the Supreme Court of Pennsylvania to conduct an annual education and training program for judges and relevant court personnel on child abuse, adverse childhood experiences, family violence, domestic violence, and their effects on children.
The law adds new offenses that the court must consider in custody proceedings against a parent or household member. These new crimes are:
- Simple attack
- Recklessly endangering another person
- animal cruelty
- Animal fights
- Possession of animal fighting paraphernalia
- Interference with child custody
How the Bucks County Court responded
The documents related to the Mancuso custody case are publicly available and can be accessed here: https://www.dropbox.com/sh/3wt0ctdax39o0r8/AACS629JWdZHRzJ_V2MgIIGra?dl=0
On behalf of Judge Jeffrey G. Trauger, the Bucks County Court of Common Pleas previously issued a statement that the court's decision in the Mancuso case was made in accordance with Pennsylvania law and based on the facts of the case and by none of the parties was contested.
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