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                                                       PRINTER'S NO. 883

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 792 Session of 1989


        INTRODUCED BY D. R. WRIGHT, J. L. WRIGHT, COHEN, JOSEPHS,
           D. W. SNYDER, ROBINSON, LETTERMAN, MICOZZIE, BISHOP,
           KOSINSKI, FOX, DALEY, McCALL, STEIGHNER, HERMAN, FREEMAN,
           ITKIN, HARPER, BATTISTO, BELARDI, CAWLEY, RYBAK, VAN HORNE,
           STABACK, COY, HALUSKA, BELFANTI, E. Z. TAYLOR, JOHNSON,
           LASHINGER, DeLUCA, MILLER, VEON, KASUNIC, SERAFINI, CORNELL,
           PISTELLA, LAUGHLIN AND RUDY, MARCH 14, 1989

        REFERRED TO COMMITTEE ON YOUTH AND AGING, MARCH 14, 1989

                                     AN ACT

     1  Establishing the Commission for Children; and making an
     2     appropriation.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.
     6     This act shall be known and may be cited as the Commission
     7  for Children Act.
     8  Section 2.  Statement of intent.
     9     The General Assembly, recognizing the often severe and always
    10  sensitive issues surrounding concerns of children, finds that
    11  the many State and local agencies responding to the problems of
    12  children require coordination and interagency communication. The
    13  General Assembly further finds that a need exists for a single,
    14  specific organization responsible for such coordination to
    15  monitor the needs of children, to plan for the meeting of these


     1  needs and to increase the effectiveness and efficiency of the
     2  Commonwealth's capacity to respond to the problems of children.
     3  Section 3.  Commission established.
     4     There is established the Commission for Children consisting
     5  of 15 members as follows:
     6         (1)  The President pro tempore of the Senate and the
     7     Senate Minority Leader shall each appoint one member from the
     8     present membership of the Senate Committee on Aging and
     9     Youth. The Speaker of the House of Representatives and the
    10     House Minority Leader shall each appoint one member from the
    11     present membership of the House Committee on Health and
    12     Welfare.
    13         (2)  The President pro tempore of the Senate and the
    14     Speaker of the House of Representatives shall each appoint
    15     one member of their respective chambers who has demonstrated
    16     concern for children's issues. The chairman of the
    17     Legislative Children's Caucus shall be the appointee of the
    18     leader of the body of which he or she is a member.
    19         (3)  One member shall be appointed by the Speaker of the
    20     House of Representatives and shall be a child psychiatrist or
    21     a child psychologist.
    22         (4)  One member shall be appointed by the President pro
    23     tempore of the Senate and shall be an active classroom
    24     teacher.
    25         (5)  Two members shall be appointed by the Governor, one
    26     a lawyer and one a pediatrician, who are knowledgeable
    27     concerning issues of children.
    28         (6)  One member shall be appointed by the House Majority
    29     Leader and shall represent a Statewide advocacy agency for
    30     children.
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     1         (7)  One member shall be appointed by the Senate Majority
     2     Leader and shall be a private citizen who has demonstrated an
     3     interest in children's issues.
     4         (8)  One member shall be appointed by the President Judge
     5     of the Superior Court and shall be an active judge
     6     knowledgeable on children's issues.
     7         (9)  The Deputy Secretary of the Office of Children,
     8     Youth and Families in the Department of Public Welfare shall
     9     be a member.
    10         (10)  The Deputy Secretary for Public Health Programs in
    11     the Department of Health shall be a member.
    12  Section 4.  Terms.
    13     (a)  Appointment by Governor.--The Governor shall appoint, on
    14  or before July 1, 1989, one member for a term of one year and
    15  one member for a term of two years. Thereafter, the Governor
    16  shall appoint members to succeed those whose terms expire for
    17  terms of three years; however, in any vacancy existing more than
    18  90 calendar days, the Governor forfeits that appointment and the
    19  Speaker of the House of Representatives shall fill the vacancy
    20  in accordance with section 3.
    21     (b)  Appointment by speaker.--The Speaker of the House of
    22  Representatives shall appoint, on or before July 1, 1989, one
    23  member for a term of one year and two members for a term of
    24  three years. Thereafter, he shall appoint members to succeed
    25  those whose terms expire for terms of three years.
    26     (c)  Appointment by President pro tempore.--The President pro
    27  tempore of the Senate shall appoint, on or before July 1, 1989,
    28  one member for a term of one year and two members for a term of
    29  three years. Thereafter, he shall appoint members to succeed
    30  those whose terms expire for a term of three years.
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     1     (d)  Majority Leaders.--The House Majority Leader and the
     2  Senate Majority Leader shall each appoint, on or before July 1,
     3  1989, one member for a term of two years. Thereafter, they shall
     4  appoint a member to succeed the member whose term expires for a
     5  term of three years.
     6     (e)  Minority Leaders.--The House Minority Leader and the
     7  Senate Minority Leader shall each appoint, on or before July 1,
     8  1989, one member for a term of two years. Thereafter, they shall
     9  appoint a member to succeed the member whose term expires for a
    10  term of three years.
    11     (f)  Vacancies.--Vacancies in the appointed membership of the
    12  commission shall be filled by the original appointing authority
    13  for the balance of the unexpired term except in subsection (a).
    14     (g)  Election.--The members shall elect annually from the
    15  membership a chairperson and a vice chairperson.
    16     (h)  Expenses.--The members of the commission shall receive
    17  no compensation for their services but shall be reimbursed for
    18  any necessary expenses incurred in the performance of their
    19  duties.
    20  Section 5.  Review of statutes.
    21     The commission shall review all general statutes and
    22  regulations with regard to matters involving children and shall,
    23  on or before July 1, 1989, and annually thereafter on or before
    24  October 1, make a report of its findings with regard to any
    25  matter before it with specific recommendations for legislation
    26  to the General Assembly and the Governor.
    27  Section 6.  Commission responsibilities.
    28     The commission shall meet regularly to review all matters
    29  concerning children and in furtherance of that responsibility
    30  shall:
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     1         (1)  Meet at least twice a year with the department
     2     secretaries, State agency executive directors, and other
     3     State and local officials and members of advisory committees
     4     to State departments and agencies who have responsibility for
     5     the expenditure of State or Federal funds on behalf of
     6     children.
     7         (2)  Receive from the executive, legislative and judicial
     8     branches requests for review and recommendation by the
     9     commission on any matter related to children.
    10         (3)  Meet at least twice a year with representatives of
    11     the judicial branch, including judges, public defenders,
    12     probation officers and other representatives of the judicial
    13     branch whose responsibilities include children's issues.
    14         (4)  Meet with and be available to representatives of
    15     private providers of services to children, foster parents and
    16     support groups to children for the purpose of understanding
    17     their concerns with regard to the provision of services to
    18     children.
    19         (5)  Receive from individuals and agencies identified in
    20     paragraph (4) requests for review and recommendation by the
    21     commission on any matter related to children and the delivery
    22     of services to children.
    23         (6)  Review coordination and assess programs and
    24     practices in all State agencies as they affect children.
    25         (7)  Establish a system of coordination and communication
    26     between all State and private agencies involved with
    27     children's issues and the commission.
    28         (8)  Inform leaders of the business community, education
    29     community, State and local governments and the communications
    30     media of the nature and scope of problems faced by children,
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     1     in order to enlist their support in improving the statutorily
     2     required services, the State budgeting process and State
     3     policies concerning children.
     4         (9)  Serve as a liaison between government and private
     5     groups concerned with children.
     6         (10)  Coordinate its activities with the Pennsylvania
     7     Commission for Women in areas of mutual concern.
     8         (11)  Administer the Children's Trust Fund.
     9  Section 7.  Commission powers.
    10     The powers of the commission shall include, but not be
    11  limited to, the power to:
    12         (1)  Use such services of private individuals, agencies
    13     and organizations, including voluntary services, as may, from
    14     time to time, be offered and needed.
    15         (2)  Recommend policies, procedures and practices to
    16     agencies and officers of the State and local governments
    17     relative to children. The commission shall forward these
    18     recommendations periodically to the appropriate committees of
    19     the General Assembly.
    20         (3)  Obtain administrative, secretarial, legal and
    21     technical services as it may require for the discharge of its
    22     duties.
    23         (4)  Establish and maintain such offices as it may deem
    24     necessary.
    25         (5)  Hold public hearings.
    26         (6)  Establish temporary or standing committees as
    27     necessary to accomplish the purposes of this act.
    28         (7)  Adopt such procedures as it may deem necessary to
    29     carry out the purposes of this act.
    30  Section 8.  Assistance.
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     1     The Commission for Children may request and shall receive
     2  from the executive, judicial and legislative branches of
     3  government such information and assistance as it may require.
     4  Section 9.  Recognition of the Legislative Children's Caucus.
     5     The General Assembly recognizes the existence of the
     6  Legislative Children's Caucus which is composed of members of
     7  the General Assembly. As long as members of the General Assembly
     8  continue to express interest in the Legislative Children's
     9  Caucus and participate in activities of the caucus, this act
    10  shall recognize the Legislative Children's Caucus.
    11  Section 10.  Appropriation.
    12     The sum of $100,000, or as much thereof as may be necessary,
    13  is hereby appropriated to the Commission for Children for the
    14  fiscal year July 1, 1989, to June 30, 1990, to carry out the
    15  provisions of this act.
    16  Section 11.  Effective date.
    17     This act shall take effect immediately.









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