Kayden's Mom: 'My Child Was Failed' By Courts

LOWER MAKEFIELD TOWNSHIP, PA — The mother of a 7-year-old Lower Makefield girl killed last year by her father says that, if Pennsylvania's child protection laws were different, her daughter would still be alive.

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

Sherlock was speaking Thursday at a public hearing for Kayden's Law, an effort in the Pennsylvania legislature to strengthen child protections in the court system. Sponsored by state Sen. Steve Santarsiero, who represents Lower Makefield, the legislation would shore up child protections by adding to the list of evidence judges may consider when making custody and visitation decisions.

Under Santarsiero's bill (S.B. 868),histories of abuse and domestic violence must be considered, as must allegations of child abuse or violence.

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In custody cases in which those issues are a factor, a court hearing to consider them would be required before custody can be awarded.

The legislation also calls on Pennsylvania's court system to require training for judges and other court officers to make sure they understand issues surrounding child abuse and domestic violence.

"A child’s safety is too often overlooked in custody mandates, instead focusing primarily on parental rights," Santarsiero said Thursday. "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 well-being of our children involved in custody disputes and Kayden’s Law is that next step."

Local state representatives Tina Davis and Perry Warren have introduced a companion bill, HB 1587, also known as Kayden’s Law, in the House.

Thursday's hearing was of the Senate Democratic Policy Committee, which met in Lower Makefield at Santarsiero's request. Lawmakers heard from Sherlock and other children's rights and safety advocates.

Watch video of Thursday's public hearing here.

Kayden, an Edgewood Elementary student, was killed last August while visiting her father in Philadelphia. Her stepfather and grandfather discovered her body, bludgeoned to death, at the Manayunk home. Her father, Jeff Mancuso, was found dead in his bedroom.

At the time, Kayden's mother had a restraining order against Mancuso because of his violent past and family members have said that Mancuso had made death threats against them.

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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 percent of the time.

According to Santarsiero's office, Kayden Mancuso was the 647th child of a divorced or separated parent to be killed in the United States by a parent since 2008.