THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BRIGGS, PALLONE, BAKER, BELFANTI, BISHOP, BRADFORD, CALTAGIRONE, DALEY, FREEMAN, HALUSKA, HORNAMAN, HOUGHTON, JOSEPHS, KORTZ, McGEEHAN, MUNDY, SANTARSIERO, SIPTROTH, SWANGER AND FLECK, FEBRUARY 16, 2010

AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 21, 2010   

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in juvenile matters,

providing for sibling placement and visitation further

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providing for disposition of dependent child.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

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Statutes is amended by adding a section to read:

§ 6351.2.  Sibling placement and visitation.

(a)  Disposition review hearing findings.--At the disposition

review hearing, the court must make findings:

(1)  that reasonable efforts have been made to place

siblings together; or

(2)  the reason why the safety or well-being of any of

the siblings would be negatively affected because of joint

placement.

(b)  Disposition review hearing visitation orders.--If a

finding has been made that joint placement is contrary to the

safety or well-being of any of the siblings, the court shall

enter an order that ensures visitation no less than twice a

month unless a finding is made that visitation is contrary to

the safety or well-being of any of the siblings.

(c)  Permanency hearing findings.--At all permanency

hearings, the court must make findings:

(1)  that reasonable efforts have been made to place

siblings together; or

(2)  the reason why the safety or well-being of any of

the siblings would be negatively affected by joint placement.

(d)  Permanency hearing visitation orders.--If a finding has

been made that joint placement is contrary to the safety or

well-being of any of the siblings, the court shall enter an

order that ensures visitation no less than twice a month unless

a finding is made that visitation is contrary to the safety or

well-being of any of the siblings.

Section 1.  Section 6351(b) of Title 42 of the Pennsylvania

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Consolidated Statutes is amended, subsection (f) is amended by

adding paragraphs and the section is amended by adding a

subsection to read:

§ 6351.  Disposition of dependent child.

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(b)  Required preplacement findings.--Prior to entering any

order of disposition under subsection (a) that would remove a

dependent child from his home, the court shall enter findings on

the record or in the order of court as follows:

(1)  that continuation of the child in his home would be

contrary to the welfare, safety or health of the child; and

(2)  whether reasonable efforts were made prior to the

placement of the child to prevent or eliminate the need for

removal of the child from his home, if the child has remained

in his home pending such disposition; or

(3)  if preventive services were not offered due to the

necessity for an emergency placement, whether such lack of

services was reasonable under the circumstances; [or]

(4)  if the court has previously determined pursuant to

section 6332 (relating to informal hearing) that reasonable

efforts were not made to prevent the initial removal of the

child from his home, whether reasonable efforts are under way

to make it possible for the child to return home[.]; or

(5)  if the child has a sibling who is subject to removal

from his home, whether reasonable efforts were made prior to

the placement of the child to place the siblings together or

whether such joint placement is contrary to the safety or

well-being of the child or sibling.

The court shall not enter findings under paragraph (2), (3) or

(4) if the court previously determined that aggravated

circumstances exist and no new or additional reasonable efforts

to prevent or eliminate the need for removing the child from the

home or to preserve and reunify the family are required.

(b.1)  Visitation for child and sibling.--If a sibling of a

child has been removed from his home and is in a different

placement setting than the child, the court shall enter an order

that ensures visitation between the child and the child's

sibling no less than twice a month, unless a finding is made

that visitation is contrary to the safety or well-being of the

child or sibling.

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(f)  Matters to be determined at permanency hearing.--At each

permanency hearing, a court shall determine all of the

following:

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(10)  If a sibling of a child has been removed from his

home and is in a different placement setting than the child,

whether reasonable efforts have been made to place the child

and the sibling of the child together or whether such joint

placement is contrary to the safety or well-being of the

child or sibling.

(11)  If the child has a sibling, whether visitation of

the child with that sibling is occurring no less than twice a

month, unless a finding is made that visitation is contrary

to the safety or well-being of the child or sibling.

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Section 2.  This act shall take effect in 60 days.