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        PRIOR PRINTER'S NOS. 343, 809, 1837           PRINTER'S NO. 1879

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 302 Session of 2007


        INTRODUCED BY MUNDY, BELFANTI, CALTAGIRONE, CARROLL, COHEN,
           DERMODY, FRANKEL, FREEMAN, GOODMAN, JAMES, JOSEPHS, LEACH,
           MAHONEY, MANN, PALLONE, PARKER, SOLOBAY, STABACK, THOMAS,
           YOUNGBLOOD, CURRY, DALEY, SIPTROTH AND GALLOWAY,
           FEBRUARY 7, 2007

        AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JUNE 11, 2007

                                     AN ACT

     1  Providing for certain duties of county and private agencies and   <--
     2     resource families regarding PRINCIPLES CONCERNING children in  <--
     3     substitute care and for enforcement.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Children in
     8  Substitute Care Act.
     9  SECTION 2.  PURPOSE.                                              <--
    10     THE PURPOSE OF THIS ACT IS TO SET FORTH A COMPREHENSIVE SET
    11  OF PRINCIPLES FOR CHILDREN IN SUBSTITUTE CARE TO ENSURE THAT
    12  THEY ARE TREATED WITH COMPASSION, DIGNITY AND RESPECT.
    13  Section 2 3.  Definitions.                                        <--
    14     The following words and phrases when used in this act shall
    15  have the meanings given to them in this section unless the
    16  context clearly indicates otherwise:


     1     "Child in substitute care."  An individual who was
     2  adjudicated dependent before reaching 18 years of age and who:
     3         (1)  has not reached 18 years of age and is in placement;
     4     or
     5         (2)  is in placement after reaching 18 years of age and
     6     while engaged in a course of instruction or treatment
     7     requests the court to retain jurisdiction until the course of
     8     instruction or treatment is completed, but in no event shall
     9     the court maintain jurisdiction after the individual reaches
    10     21 years of age.
    11     "County agency."  A county children and youth social service
    12  agency established pursuant to section 405 of the act of June
    13  24, 1937 (P.L.2017, No.396), known as the County Institution
    14  District Law, or its successor, and supervised by the Department
    15  of Welfare under Article IX of the act of June 13, 1967 (P.L.31,
    16  No.21), known as the Public Welfare Code.
    17     "Members of an integrated children's services planning team."
    18  The term includes the public and private children and youth
    19  caseworker, juvenile probation officer, mental health
    20  caseworker, mental retardation caseworker and any other
    21  individual who is considered to be a part of a service planning
    22  team specific to a child.
    23     "Private agency."  A children and youth social service agency
    24  subject to the requirements of 55 Pa. Code Ch. 3680 (relating to
    25  administration and operation of a children and youth social
    26  service agency).
    27     "Relative."  An individual who is at least 21 years of age
    28  and related within the third degree of consanguinity or affinity
    29  to the parent or stepparent of a child.
    30     "Resource family."  A family that provides temporary foster
    20070H0302B1879                  - 2 -     

     1  or kinship care for a child who needs out-of-home placement and
     2  that may eventually provide permanency for the child, including
     3  as an adoptive family.
     4     "Unreasonable restraint."  Controlling behavior or
     5  restricting movement through the application of physical,
     6  mechanical or chemical intervention. Restraint may not be used
     7  for coercion or punishment. Emergency safety interventions
     8  required to prevent harm to self or others where less
     9  restrictive alternatives have failed shall not constitute
    10  unreasonable restraint.
    11  Section 3.  Children in substitute care.                          <--
    12     County and private agencies and resource families shall
    13  provide the following to a child in substitute care:
    14  SECTION 4.  PROTECTIONS FOR CHILDREN IN SUBSTITUTE CARE.          <--
    15     CHILDREN IN SUBSTITUTE CARE SHALL RECEIVE THE FOLLOWING
    16  PROTECTIONS:
    17         (1)  Treatment with fairness, dignity and respect.
    18         (2)  Freedom from discrimination because of race, color,   <--
    19     religion, disability, sexual orientation, national origin,
    20     age or gender.
    21         (2)  PROTECTION FROM ANY CONDUCT PROHIBITED BY ANY         <--
    22     APPLICABLE PROVISION OF THE CONSTITUTION OF THE UNITED STATES
    23     OR THE CONSTITUTION OF PENNSYLVANIA OR ANY APPLICABLE
    24     PROVISION OF ANY STATUTE OF THE UNITED STATES OR THE
    25     COMMONWEALTH.
    26         (3)  Freedom from harassment, corporal punishment,
    27     unreasonable restraint and physical, sexual, emotional and
    28     other abuse.
    29         (4)  The ability to live in the least restrictive, most
    30     family-like setting that is safe, healthy, comfortable and
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     1     meets the child's needs.
     2         (5)  Proper nourishment.
     3         (6)  Clothing that is clean, seasonal and age and gender
     4     appropriate.
     5         (7)  Access to medical, dental, vision, mental health,
     6     behavioral health and drug and alcohol abuse and addiction
     7     services consistent with the laws of this Commonwealth and
     8     for which the child qualifies.
     9         (8)  Freedom from unreasonable searches of personal        <--
    10     belongings and mail, including electronic mail, and freedom
    11     to make and receive confidential telephone calls as
    12     reasonable under the circumstances unless otherwise provided
    13     by law or when there is reason to believe that the child may
    14     be in danger of being harmed by an individual communicating
    15     with the child through postal mail, electronic mail or
    16     telephone calls.
    17         (9) (8)  Permission to visit and have contact with family  <--
    18     members, including siblings, as frequently as possible
    19     consistent with the family service plan and the child's
    20     permanency plan, unless prohibited by court order, but no
    21     less than that prescribed by regulation in effect on the
    22     effective date of this paragraph.
    23         (10) (9)  The ability to contact the child's guardian ad   <--
    24     litem, attorney or court-appointed special advocate and
    25     members of the integrated children's services planning team.
    26         (11) (10)  An environment that maintains and reflects the  <--
    27     child's culture as may be reasonably accommodated.
    28         (12) (11)  Education stability and an appropriate          <--
    29     education consistent with the laws of this Commonwealth,
    30     including the opportunity to participate in extracurricular
    20070H0302B1879                  - 4 -     

     1     and cultural and personal enrichment activities that are
     2     reasonably available and accommodated and consistent with the
     3     child's age and developmental level.
     4         (13) (12)  The ability to work and develop job skills at   <--
     5     an age-appropriate level, consistent with the laws of this
     6     Commonwealth and as may be reasonably accommodated.
     7         (14) (13)  The ability to receive appropriate life skills  <--
     8     training and independent living services to prepare the child
     9     for the transition to adulthood, as consistent with Federal
    10     laws and the laws of this Commonwealth.
    11         (15) (14)  Notification of and ability to attend court     <--
    12     hearings relating to the child's case and to have the
    13     opportunity to be heard.
    14         (16) (15)  Information about the family service plan and   <--
    15     child's permanency plan and review those plans with the
    16     child, who shall have an opportunity to review and contribute
    17     to them, if the child is at least 14 years of age.
    18         (17) (16)  Confidentiality maintained consistent with the  <--
    19     laws of this Commonwealth.
    20         (18) (17)  First consideration for placement with          <--
    21     relatives, including siblings. In the absence of relatives,
    22     to have any kinship resource be considered as the preferred
    23     placement resource if such placement is consistent with the
    24     best interest of the child and the needs of other children in
    25     the kinship residence.
    26         (19) (18)  Consideration of any previous resource family   <--
    27     as the preferred placement resource, if relative and kinship
    28     resources are unavailable and the placement resource is
    29     consistent with the best interest of the child.
    30         (20)  If the child has a child of his or her own,          <--
    20070H0302B1879                  - 5 -     

     1     assurance of the child's right to exercise parental and
     2     decision-making authority over his or her own child and to
     3     reside with the child, unless prohibited by order of court.
     4         (21)  Notification of the child's ability to file a
     5     grievance regarding the violation of the responsibilities
     6     under this act to be free from harassment and retaliation
     7     regarding that action.
     8         (22)  The grievance policy by the children and youth
     9         (19)  IF THE CHILD IN SUBSTITUTE CARE HAS A CHILD OF HIS   <--
    10     OR HER OWN, AND THAT CHILD HAS BEEN PLACED IN THE SAME
    11     RESOURCE FAMILY WITH THE PARENT, THE CHILD IN SUBSTITUTE CARE
    12     MAY EXERCISE PARENTAL AND DECISION-MAKING AUTHORITY OVER HIS
    13     OR HER OWN CHILD, SO LONG AS SAFETY CONCERNS ARE NOT AN
    14     ISSUE, UNLESS DETERMINED OTHERWISE BY THE JUVENILE COURT.
    15         (20)  THE ABILITY TO FILE A GRIEVANCE REGARDING A DENIAL
    16     OF THE PROTECTIONS PROVIDED UNDER THIS SECTION.
    17         (21)  RECEIPT OF INFORMATION ABOUT THE GRIEVANCE POLICY
    18     FROM THE CHILDREN AND YOUTH agency.
    19         (23) (22)  Permission to participate in religious          <--
    20     observances and activities and attend religious services of
    21     the child's preference or the religion of the child's family
    22     of origin or culture as may be reasonably accommodated.
    23         (24) (23)  A permanency and transition plan developed in   <--
    24     conjunction with the child that provides the child with:
    25             (i)  Safety.
    26             (ii)  Stability.
    27             (iii)  Permanence and well-being, including stable
    28         and safe housing, opportunities for postsecondary
    29         education and training and employment and a stable source
    30         of income, health insurance and a plan for future
    20070H0302B1879                  - 6 -     

     1         treatment.
     2             (iv)  Connections with reliable adults.
     3             (v)  Notification that they may request to remain
     4         under the court's jurisdiction under paragraph (3) of the
     5         definition of "child" under 42 Pa.C.S. § 6302 (relating
     6         to definitions).
     7  Section 4.  Copy of responsibilities to be provided.              <--
     8     (a)  Notification.--
     9  SECTION 5.  COPY OF LIST OF PROTECTIONS TO BE PROVIDED.           <--
    10     A county agency or private agency shall provide a copy of the
    11  duties of county and private agencies and resource parents        <--
    12  required by law and regulation LIST OF PROTECTIONS PROVIDED       <--
    13  UNDER SECTION 4 to each child in substitute care and each
    14  resource family and shall post a copy AT THE AGENCY in areas      <--
    15  frequented by youth.
    16     (b)  Prohibition.--County and private agencies and resource    <--
    17  parents shall not use a duty under section 3 as a punishment or
    18  reward.
    19  Section 5 6.  Enforcement.                                        <--
    20     (a)  Juvenile Act.--This act shall ONLY be enforceable in a    <--
    21  proceeding under 42 Pa.C.S. Ch. 63 (relating to juvenile
    22  matters).
    23     (b)  Private actions.--This act does not establish a private
    24  cause of action for monetary damages.                             <--
    25  Section 10.  Effective date.
    26     This act shall take effect in 60 days.



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