PRINTER'S NO. 2296
No. 1771 Session of 2003
INTRODUCED BY MUNDY, BROWNE, BEBKO-JONES, BELARDI, BELFANTI, BISHOP, BLAUM, BUXTON, CAWLEY, CORRIGAN, COSTA, COY, CRUZ, DALLY, EACHUS, FLICK, FRANKEL, FREEMAN, GORDNER, GRUITZA, HANNA, HORSEY, JAMES, LAUGHLIN, MACKERETH, LEACH, LEVDANSKY, MANN, McCALL, MELIO, NAILOR, PRESTON, ROSS, SAINATO, SANTONI, SEMMEL, SOLOBAY, STABACK, STURLA, TANGRETTI, THOMAS, TIGUE, SAMUELSON, WALKO, WANSACZ, YOUNGBLOOD, YUDICHAK, PISTELLA, JOSEPHS, DeLUCA, GERGELY, SHANER, MANDERINO, CURRY, WASHINGTON AND PALLONE, JUNE 30, 2003
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JUNE 30, 2003
AN ACT 1 Providing for the strengthening and enrichment of children and 2 families by promoting safe, healthy and nurturing home 3 environments, for the educational and supportive services of 4 home visiting programs in this Commonwealth, for the Ounce of 5 Prevention grant program and for integrated community-based 6 delivery of services; specifying program requirements; 7 designating an oversight board; providing for 8 responsibilities of the board and the Department of Public 9 Welfare; specifying criteria for community program grant 10 funding; requiring training and an independent evaluation 11 process; and providing for quality assurance. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Short title. 15 This act shall be known and may be cited as the Ounce of 16 Prevention Act. 17 Section 2. Legislative intent. 18 The General Assembly finds and declares as follows: 19 (a) Funding.--The General Assembly finds that family well-
1 being is critical to a child's health and development, that 2 parenting is a difficult responsibility and that most of the 3 assistance available to Pennsylvania families occurs after there 4 is a problem and often provides too little, too late. Research 5 shows that comprehensive early home visitation programs prevent 6 child abuse, help develop positive parent-child interactions, 7 help brain development of the child, have a long-term savings in 8 both public and private health care costs and help avoid future 9 social problems. In addition to addressing child abuse, such 10 programs help to ensure that families' social and medical needs 11 are met and that children are ready for success in school. The 12 General Assembly finds that Pennsylvania needs broad 13 implementation of a program to provide support for families 14 which need and desire assistance in establishing healthy 15 relationships and environments for their children. 16 (b) Intent.--It is the intent of the General Assembly to 17 establish the Ounce of Prevention Program as a collaborative 18 effort that builds on existing community-based home visiting and 19 family support resources and will not duplicate the existing 20 services. It is further the intent of the General Assembly to 21 provide the needed intensity and duration of services extending 22 beyond those available through Head Start and Early Head Start 23 programs, thus filling a major gap in the existing continuum of 24 early childhood prevention and assistance services. 25 Section 3. Definitions. 26 The following words and phrases when used in this act shall 27 have the meanings given to them in this section unless the 28 context clearly indicates otherwise: 29 "Board." The Children's Trust Fund Board. 30 "Program." The Ounce of Prevention Program established in 20030H1771B2296 - 2 -
1 section 4. 2 Section 4. Ounce of Prevention Program. 3 (a) Establishment.--The Ounce of Prevention Program is 4 established as a voluntary home visiting grant program for 5 expectant mothers and newborn children and their families. 6 (b) Purpose.--The purpose of the program is to strengthen 7 families; promote early childhood growth and development; 8 improve childhood immunization rates and well-child care; 9 improve child health outcomes; improve school readiness; 10 increase family self-sufficiency; increase the involvement of 11 both parents with their children; and reduce the incidence of 12 child abuse and neglect through a primary prevention approach 13 that offers home visits and linkages to family supports for 14 families and their newborn children and continues until the 15 children reach five years of age or begin the Head Start 16 Program. 17 Section 5. Delivery of services. 18 Service delivery under this act shall be community-based and 19 collaborative. Services shall be integrated and coordinated with 20 other services provided under Head Start and Early Head Start 21 programs and by local school districts, as well as with other 22 home visiting and family support service delivery systems 23 currently in place in communities throughout this Commonwealth. 24 Services shall be offered with the intensity and duration 25 required to prevent child abuse and neglect, improve child 26 development and child health outcomes and to promote child 27 school-readiness and educational development. 28 Section 6. Program requirements. 29 The program created under this act shall provide for 30 intensive home visits and include the following critical home 20030H1771B2296 - 3 -
1 visiting elements: 2 (1) Initiation of services. This element provides for: 3 (i) Initiation of services prenatally or at the 4 birth of the first child. 5 (ii) Use of a standardized assessment tool to 6 systematically identify those at-risk families most in 7 need of services. The home visitor shall inform any 8 potential participant that the assessment or 9 participation in the program is purely voluntary. 10 (iii) Offering services on a purely voluntary basis 11 and use of positive, persistent outreach efforts to build 12 family trust. 13 (iv) Working with family members to identify 14 strengths and resources that can be mobilized to help 15 resolve identified family concerns. 16 (2) Service content. This element provides for: 17 (i) Offering services over the long term and 18 intensively, with well-defined criteria for increasing or 19 decreasing the intensity of the service. 20 (ii) Providing services that focus on supporting 21 first-time at-risk expectant parents and families, 22 encouraging the interaction of both parents with their 23 child, and enhancing the development of the child, 24 including school readiness and educational development. 25 (iii) Linking at-risk families to medical providers 26 to ensure optimal health and development of the child, 27 timely childhood immunizations, well-child care that 28 provides for developmental assessment and is consistent 29 with the standards and periodicity schedules of Medicaid 30 and the American Academy of Pediatrics and additional 20030H1771B2296 - 4 -
1 services, as needed. 2 (iv) Ensuring confidentiality and privacy for 3 families. 4 (v) Having periodic evaluations of program 5 effectiveness. 6 (vi) Having established mechanisms in place to refer 7 first-time at-risk expectant parents and families for 8 other intervention services available in the community. 9 (3) Qualifications and training of home visitors. This 10 element provides for: 11 (i) Ensuring that home visitors have basic training 12 in areas, including substance abuse, child abuse, 13 domestic violence, drug-exposed infants and parents, 14 child development, services available in the community, 15 infant care and early childhood development, school 16 readiness and parenting. 17 (ii) Ensuring that home visitors conducting home 18 visits are certified registered nurses or are qualified 19 home visitors under 45 CFR § 1304.52(e) (relating to home 20 visitor qualifications under the Head Start and Early 21 Head Start Programs). 22 (iii) Ensuring that home visitors have preservice 23 and ongoing training that is specific to their job 24 requirements. 25 (iv) Ensuring that home visit providers receive 26 ongoing reviews and direct and intensive supervision. 27 (v) Ensuring that home visitors are qualified 28 community-based private, not-for-profit or public 29 organizations that have strong community support and the 30 social and fiscal capacity to provide the service. 20030H1771B2296 - 5 -
1 Section 7. Children's Trust Fund Board. 2 (a) Designation.--The board is designated as an oversight 3 board. 4 (b) Powers and duties.--The board has the following powers 5 and duties: 6 (1) To develop measurable outcomes consistent with 7 established home visiting programs operating in this 8 Commonwealth. 9 (2) To establish assessment and credentialing standards 10 for home visitation programs receiving grant funding under 11 this act. 12 (3) To review grant applications and award grants for 13 home visiting programs. No nongovernmental member may: 14 (i) Review grant applications or vote to award 15 grants to entities by which they are employed or with 16 which they are directly affiliated. 17 (ii) Be a lobbyist as defined under 65 Pa.C.S. Ch. 18 13 (relating to lobby regulation and disclosure). 19 (4) Grants for home visiting programs shall be awarded 20 on a three-year basis. The board may rescind a portion of the 21 grant not yet allocated if it determines through outcome, 22 expenditure and performance data submitted by the grantees 23 under section 8 that the funds are not being properly 24 utilized. 25 (5) Develop an assessment tool to identify at-risk 26 families who are eligible for home visiting grants under this 27 act. The assessment tool shall be a mechanism to identify 28 risk factors that may lead to child abuse or neglect or other 29 poor childhood outcomes. 30 (6) Establish policies for the development, 20030H1771B2296 - 6 -
1 implementation and administration of the program. 2 Section 8. Implementation. 3 The board shall do all of the following: 4 (1) Implement a community-based home visiting program 5 for first-time at-risk expectant parents and families in this 6 Commonwealth using the criteria set forth in this section. 7 (2) Develop a grant application and award grants under 8 this program in accordance with the following requirements: 9 (i) Grants shall be awarded in accordance with 10 weighted criteria based on population demographics, 11 factors associated with child abuse and neglect and other 12 appropriate criteria developed by the board. 13 (ii) Cash or in-kind matching funds in the amount of 14 25% of the total program cost shall be required. 15 (iii) If a program is not able to meet the 25% match 16 requirement, justification must be included in the grant 17 application providing a detailed explanation of the 18 reasons why this match cannot be met and the percentage 19 of the match that can be met. A determination will be 20 made by the board as to the merit of the justification. 21 (3) Develop a plan of implementation to equitably 22 distribute funds throughout this Commonwealth. 23 (4) Require that, in addition to the program 24 requirements outlined in section 6, the following criteria be 25 used in selecting recipients of grant funds: 26 (i) Preference for grant awards shall be given to 27 community-based entities that have broad representation 28 and have the fiscal and administrative capacity to 29 successfully implement the program. 30 (ii) Home visiting programs that receive grants 20030H1771B2296 - 7 -
1 should collaborate with other home visiting and family 2 support programs in the community to avoid duplication 3 and complement and integrate with existing services. 4 (iii) Each applicant shall use the standardized 5 assessment tool developed by the board under section 7. 6 (iv) Each applicant must provide outcome, 7 expenditure and performance data in the format and the 8 frequency specified by the board. 9 (v) Each applicant must identify local resources 10 available for implementation. 11 (vi) Implementation design must include service 12 delivery strategies which, when appropriate, involve both 13 parents if they have shared parental responsibility, 14 regardless of residential custody arrangements. 15 (5) Evaluate and approve grant applications and local 16 implementation plans for service delivery. 17 (6) Encourage applicants to coordinate service delivery 18 with Head Start, Early Head Start, Parents as Teachers, 19 family centers, school districts and other existing home 20 visiting programs operating in communities in the various 21 regions of this Commonwealth. 22 (7) Identify qualified trainers and training 23 opportunities which will assure adequate opportunities for 24 grantees and their communities to provide preservice and in- 25 service training. Funds for training may be incorporated into 26 the grants. 27 (8) Develop and implement a quality assurance and 28 improvement process for the program. 29 (9) Identify and seek Federal matching funding for the 30 program. 20030H1771B2296 - 8 -
1 (10) Identify existing State funding streams that could 2 be used to fund home visiting programs in this Commonwealth. 3 (11) Provide for an annual independent review which 4 evaluates both the progress and effectiveness of community 5 programs receiving grants and the overall progress and 6 achievement of the designated outcomes of the programs. The 7 board shall provide the review to the Governor, the Senate 8 and the House of Representatives on an annual basis. 9 Section 9. Responsibilities of Department of Public Welfare. 10 The Department of Public Welfare shall allocate the staff and 11 financial resources necessary to assist the board in the 12 implementation and administration of the program. 13 Section 20. Effective date. 14 This act shall take effect immediately. F26L35VDL/20030H1771B2296 - 9 -