PRINTER'S NO. 2120
No. 1773 Session of 1991
INTRODUCED BY PICCOLA, BARLEY, BUNT, CLARK, CORNELL, DEMPSEY,
FAIRCHILD, FARGO, FARMER, FLICK, GEIST, GLADECK, JADLOWIEC,
JOHNSON, LANGTRY, MARSICO, NAILOR, PITTS, RAYMOND, REBER,
RYAN, SAURMAN, SERAFINI, D. W. SNYDER, TOMLINSON, WOGAN AND
R. C. WRIGHT, JUNE 25, 1991
REFERRED TO COMMITTEE ON AGING AND YOUTH, JUNE 25, 1991
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," further providing for
4 children's institutions; providing for youth centers; and
5 making a repeal.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Subarticle (d) of Article III of the act of June
9 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, is
10 repealed.
11 Section 2. Article VII of the act is amended by adding a
12 subarticle to read:
13 ARTICLE VII
14 Children and Youth
15 * * *
16 (f) Youth Centers
17 Section 781. Definitions.--As used in this subarticle:
18 "Youth center" means any incorporated or unincorporated
1 organization, society, corporation or agency, public or private,
2 which may receive or care for delinquent minors, either at
3 board, wages or free; or any individual who for hire, gain or
4 reward, receives for care a child, unless he is related to such
5 child by blood or marriage within second degree. The term shall
6 include, but not be limited to, a youth development center and a
7 youth forestry center. The term shall not include a family day-
8 care home in which care is provided in lieu of parental care to
9 six or less children for part of a twenty-four-hour day.
10 Section 782. Custody and Supervision.--(a) Juveniles
11 committed to a youth center shall be in the custody of the
12 department. The department shall assure that proper care,
13 guidance and control are provided for those minors under the age
14 of eighteen years committed under 42 Pa.C.S. Chapter 63
15 (relating to juvenile matters). Such minors may remain committed
16 until they attain twenty-one years of age.
17 (b) All youth centers shall be supervised by the department.
18 Juveniles committed to a youth center shall remain under the
19 supervision of the court.
20 (c) Whenever, in the judgment of the department, the
21 rehabilitation of a committed minor will be served by his full
22 or partial employment off the grounds of a youth center, the
23 department may consent to such employment, provided, that the
24 terms of the employment do not violate applicable labor or wage
25 laws and that the minor returns to the center or his foster
26 boarding home each day after work.
27 (d) Whenever, in the judgment of the department, a committed
28 minor is ready for release, but is in need of continuing
29 counseling from the youth center, the superintendent shall so
30 advise the court. If the court approves, the minor shall be
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1 released and the youth center shall provide counseling to him
2 until the court approves its discontinuance or discharge.
3 Section 783. Operation of Facilities.--(a) The department
4 shall divest itself of the actual operation of all State-owned
5 and maintained youth development centers, including those
6 centers located at Bensalem, New Castle, Loysville, Danville and
7 Embreeville. The ownership of said facilities may remained with
8 the Commonwealth. However, the department shall contract with
9 private contractors for operation of said facilities.
10 (b) Private contractors operating within this Commonwealth
11 must hold a valid license issued by the department, pursuant to
12 Article IX.
13 Section 784. Contracts.--(a) Contracts executed under this
14 subarticle shall include the following terms:
15 (1) The posting of an adequate performance bond by the
16 private contractor.
17 (2) Proof of adequate insurance.
18 (3) A requirement that the private contractor comply with
19 regulations of the department and with this act.
20 (4) A plan developed by the private contractor detailing all
21 aspects of operations in the youth center.
22 (5) A requirement of annual contract review by the
23 department.
24 (6) Proof that the private contractor holds a license issued
25 by the department.
26 (7) A requirement of access by the department to all records
27 of the private contractor.
28 (8) A requirement that the department provide a contract
29 monitor at the youth center.
30 (9) A requirement for the first year of the contract that
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1 the private contractor shall employ all current Commonwealth
2 youth center employes. Employes may only be dismissed for cause.
3 (10) A requirement that all civil service policies, such as
4 affirmative action and due process, are carried out by the
5 provider.
6 (11) A provision that the determination as to which
7 delinquent minors will be placed at the respective youth centers
8 shall be at the discretion of the court and not the contractor.
9 (12) A provision that youth centers may not accept custody
10 of delinquents placed by a court outside of the Commonwealth.
11 (b) Contracts shall be conditioned upon all of the
12 following:
13 (1) The private contractor's assumption of liability caused
14 by or arising out of all aspects of operation of youth centers.
15 (2) A provision of security services, including, but not
16 limited to, escape or other emergency situations, legal fees and
17 damage awards, involving the private contractor and the
18 department.
19 (3) Liability insurance covering the private contractor and
20 its officers, employes and agents in an amount sufficient to
21 cover liability arising out of the operation of the youth
22 center. A copy of the proposed insurance policy for the first
23 year shall be submitted for approval with the contract.
24 (c) Disapproval of a contract may be based on any reasonable
25 grounds, including, but not limited to, the following:
26 (1) Inadequacy or inappropriateness of the proposed plan of
27 operation.
28 (2) Failure to meet department regulations.
29 (3) Unsuitability of the proposed private contractor or its
30 employes.
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1 (4) Absence of required or desired contract provisions.
2 (5) Unavailability of adequate funds.
3 (6) Lack of proof of appropriate insurance.
4 (7) Absence of licensure by the department.
5 (d) Contracts executed under this act shall provide for
6 termination for cause by the Commonwealth upon ninety days'
7 notice to the private contractor. Termination shall be allowed
8 for reasons which include, but are not limited to, the
9 following:
10 (1) Failure to be licensed or to comply with regulations or
11 the department.
12 (2) Failure to meet other contract provisions.
13 (3) Failure to meet the provisions of this act.
14 Section 785. Contract Monitor.--The contract monitor shall:
15 (1) Monitor compliance of the private contractor with terms
16 of the contract.
17 (2) Supervise the administration, well-being and general
18 welfare of children committed to youth centers.
19 (3) Insure that adequate social services, facilities for
20 rehabilitation, care, guidance and control are maintained.
21 Section 786. Labor Disputes.--(a) (1) A private contractor
22 shall notify the department sixty days prior to the termination
23 of a labor contract.
24 (2) A private contractor shall notify the department
25 immediately upon learning of a potential or impending strike.
26 (b) In the event of a strike, the department shall assume
27 operation of the youth center and shall use Commonwealth
28 resources necessary to operate the facility until the strike has
29 ended. Costs incurred by the Commonwealth or the department
30 shall be reimbursed by the private contractor.
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1 Section 787. Emergencies.--(a) Upon the occurrence of an
2 escape of a delinquent at a secured youth center facility, the
3 facility shall immediately notify the local police within the
4 county.
5 (b) Upon the occurrence of an emergency in a youth center
6 the department shall have the authority to enter and control the
7 facility until the emergency ends.
8 (c) Costs incurred by the Commonwealth or the department
9 shall be reimbursed by the private contractor.
10 Section 788. Rules and Regulations.--The department shall,
11 within six months of the effective date of this subarticle,
12 promulgate rules and regulations for the provisions and
13 operation of youth centers. These regulations shall include, but
14 not be limited to:
15 (1) Staffing levels and emergency plans.
16 (2) Security requirements at a secured youth center.
17 (3) Minimum standards for the care of, guidance and control
18 of children committed to a youth center.
19 Section 3. The definition of "children's institutions" in
20 section 901 of the act, amended December 5, 1980 (P.L.1112,
21 No.193), is amended and the section is amended by adding a
22 definition to read:
23 Section 901. Definitions.--As used in this article--
24 "Children's institutions" means any incorporated or
25 unincorporated organization, society, corporation or agency,
26 public or private, which may receive or care for children, or
27 place them in foster family homes, either at board, wages or
28 free; or any individual who, for hire, gain or reward, receives
29 for care a child, unless he is related to such child by blood or
30 marriage within the second degree; or any individual, not in the
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1 regular employ of the court or of an organization, society,
2 association or agency, duly certified by the department, who in
3 any manner becomes a party to the placing of children in foster
4 homes, unless he is related to such children by blood or
5 marriage within the second degree, or is the duly appointed
6 guardian thereof. The term shall not include a family day care
7 home in which care is provided in lieu of parental care to six
8 or less children for part of a twenty-four hour day.
9 Additionally, the term shall not include a youth center.
10 * * *
11 "Youth center" shall have the meaning given in section 781.
12 Section 4. Sections 902 and 921(b) of the act are amended to
13 read:
14 Section 902. Supervisory Powers.--The department shall have
15 supervision over:
16 (1) All State institutions;
17 (2) All supervised institutions;
18 (3) All children's institutions within this Commonwealth;
19 (4) All maternity homes and hospitals within this
20 Commonwealth;
21 (5) Any labor or system of labor carried on in the penal,
22 correctional or reformatory institutions of the State;
23 (6) Any system of reparation provided by the Commonwealth
24 for relief from conditions caused by mine-caves, fire, flood, or
25 other casualty, and constituting a menace to public safety and
26 welfare;
27 (7) All boarding homes for children which have been licensed
28 by the State;
29 (8) All institutions for adults within this Commonwealth[.];
30 (9) All youth centers.
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1 Section 921. Additional Provisions Respecting Certain
2 Institutions; Purpose; Definitions; Standards; Inspection.--* *
3 *
4 (b) As used in this section, "institution" means an
5 establishment which furnishes (in single or multiple facilities)
6 food and shelter to three or more persons unrelated to the
7 proprietor, and which provides some care or service which meet
8 some need beyond the basic provisions of food, shelter and
9 laundry. The term "institution" shall include, but not be
10 limited to, homes for the aged and infirm, nursing homes,
11 convalescent homes, rehabilitation centers providing living-in
12 facilities, boarding homes for adults which provide personal
13 care and services, hospitals, [and] infirmaries providing
14 living-in arrangements and youth centers.
15 * * *
16 Section 5. Section 1001 of the act is amended by adding a
17 definition to read:
18 Section 1001. Definitions.--As used in this article--
19 * * *
20 "Youth center" shall have the meaning given in section 781.
21 Section 6. Section 1006 of the act, amended December 21,
22 1988 (P.L.1883, No.185), is amended to read:
23 Section 1006. Fees.--(a) Annual licenses shall be issued
24 when the proper fee, if required, is received by the department
25 and all the other conditions prescribed in this act are met. For
26 personal care homes, the fee shall be an application fee. The
27 fees shall be:
28 Facility Annual Fee
29 Adult day care center $ 15
30 Mental health establishment 50
19910H1773B2120 - 8 -
1 Personal care home-- 0 - 20 beds 15
2 -- 21 - 50 beds 20
3 -- 51 - 100 beds 30
4 --101 beds and above 50
5 --youth center 100
6 (b) No fee shall be required for the annual license in the
7 case of day care centers, family day care homes, boarding homes
8 for children or for public or nonprofit mental institutions.
9 Section 7. This act shall take effect in 60 days.
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