House approves legislation to establish processes for reinstating parental rights, protect the rights of incarcerated parents
Rep. Rick Krajewski June 22, 2026 | 4:28 PM
HARRISBURG, June 22 – Today, the House voted with strong bipartisan support to pass two bills introduced by state Rep. Rick Krajewski, D-Phila., that would establish a legal petition process to reinstate parental rights (H.B. 133) and protect the rights of incarcerated parents (H.B. 138).
Under federal law, when a child has been in the custody of the state for more than 15 months, the Department of Human Services is required to petition for the involuntary termination of parental rights. Krajewski said that Pennsylvania must take measures to provide second chances and support more families.
House Bill 133, which passed 191 to 11, would establish a standard legal framework and procedure for parents whose rights have been terminated to petition to have their rights reinstated.
“Even when parents do the work to address the issues that resulted in the termination of their rights – building a career, finding stable housing, recovering from a substance use disorder or ending a period of incarceration – the loss of the parent-child relationship is a punishment that lasts a lifetime,” Krajewski said. “Parents can change. They deserve a fair chance to be reunited with their children, and kids deserve to finally go home.”???
“At its core, House Bill 133 is about creating a pathway that represents the best interests of children and families,” said?state Rep. Sheryl Delozier, R-Cumberland, the bill’s co-prime sponsor. “It’s?also about offering second chances to parents who’ve turned their lives around. I am proud to work with Rep. Krajewski on this bipartisan bill to?facilitate?parental reunification when?appropriate. I appreciate the strong bipartisan support in the House and am looking forward to consideration by the Senate.”?
At a public hearing on the legislation last year, advocates stressed that many parents lose custody of their children because of factors that may be resolved over time,?like addiction, poverty or incarceration. Krajewski said human services administrators, parents and advocates testified about the need for Pennsylvania to have a standard procedure for rehabilitated parents to have a legal pathway for reinstating their rights.
The House also passed Krajewski’s H.B. 138, voting 200-2, to ensure that incarceration is not the sole basis on which a decision for the involuntary termination of parental rights is made. Under the bill, courts with termination cases before them would be able to consider whether the parent is trying, to the extent feasible, to comply with family service plan requirements and is maintaining a meaningful role in their child's life during the time of incarceration.
“My stepfather was incarcerated, so I understand firsthand how this experience can affect a family. The uncertainty of when you will see them again, the emotional impact on loved ones, the financial setbacks to a family, and the damage done through the unnecessary severance of a child’s connection to their parent are all hardships no one should face,” Krajewski said. “Children and their parents should not needlessly suffer due to an outdated bureaucracy.”
Both bills now go to the Senate for consideration.
“Community Legal Services is grateful to the PA House for passing House Bill 138, which is dedicated to protecting the family ties of children facing parental incarceration,” said?Kathleen Creamer, managing attorney at Community Legal Services of Philadelphia Family Law Unit.?
“This legislation will ensure that children of incarcerated parents receive individualized consideration of their family bonds when courts are considering termination of parental rights. We are so glad to see the work of the 2011 Joint State Government Commission Task Force, which included the leadership and voices of families?impacted?by incarceration, receive meaningful consideration and bipartisan support,” she said. ??
“Philly Voice for Change is ecstatic that House Bill 133 has passed the House and that lawmakers listened to our community’s call for the reinstatement of parental rights in Pennsylvania,” said?April Lee,?co-founder of?Philly Voice for Change. “The bipartisan support in the House demonstrates a commitment to families and a recognition that children should not remain in the system when their parents are ready,?willing?and able to provide safe and loving care.
“This vote is?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. We thank the legislators who supported this measure and look forward to continuing the work needed to make parental rights reinstatement a reality for families across Pennsylvania,” Lee said.