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                                                      PRINTER'S NO. 2296

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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
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     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
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     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.
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     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,
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     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.











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