THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BISHOP, D. O'BRIEN, MURPHY, HARPER, WATERS, QUINN, SIPTROTH, KORTZ, MUNDY, PALLONE, YOUNGBLOOD, COHEN, MOUL, HARKINS, SEIP, KULA, BRIGGS, BELFANTI, VULAKOVICH, REICHLEY, HICKERNELL, PARKER, HENNESSEY, TRUE, MURT, DONATUCCI, HESS, SWANGER AND THOMAS, MARCH 9, 2010

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 9, 2010  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in juvenile matters,

further providing for definitions and for disposition of

dependent child; and providing for termination of

jurisdiction.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "child" in section 6302 of

Title 42 of the Pennsylvania Consolidated Statutes is amended

and the section is amended by adding a definition to read:

§ 6302.  Definitions.

The following words and phrases when used in this chapter

shall have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Child."  An individual who:

(1)  is under the age of 18 years;

(2)  is under the age of 21 years who committed an act of

delinquency before reaching the age of 18 years; or

(3)  is under the age of 21 years, was adjudicated

dependent before reaching the age of 18 years and [who, while

engaged in a course of instruction or treatment, requests the

court to retain jurisdiction until the course has been

completed, but in no event shall a child remain in a course

of instruction or treatment past the age of 21 years] for

whom court jurisdiction has been continued or resumed

pursuant to this chapter.

* * *

"Transition plan."  A plan that is prepared by a county

agency in accordance with section 6351.2(b) (relating to

termination of jurisdiction) and that is developed by a county

agency in cooperation with the child and other individuals

identified by the county agency, the child and the child's

guardian ad litem or legal counsel to assist the child in making

a transition to independence.

Section 2.  Section 6351(e)(3), (f) and (g) of Title 42 are

amended and subsections (e) and (f.1) are amended by adding

paragraphs to read:

§ 6351.  Disposition of dependent child.

* * *

(e)  Permanency hearings.--

* * *

(3)  The court shall conduct permanency hearings as

follows:

(i)  Within six months of:

(A)  the date of the child's removal from the

child's parent, guardian or custodian for placement

under section 6324 (relating to taking into custody)

or 6332 or pursuant to a transfer of temporary legal

custody or other disposition under subsection (a)(2),

whichever is the earliest; [or]

(B)  each previous permanency hearing until the

child is returned to the child's parent, guardian or

custodian or removed from the jurisdiction of the

court[.]; or

(C)  the date on which the child reaches 18 years

of age.

(ii)  Within 30 days of:

(A)  an adjudication of dependency at which the

court determined that aggravated circumstances exist

and that reasonable efforts to prevent or eliminate

the need to remove the child from the child's parent,

guardian or custodian or to preserve and reunify the

family need not be made or continue to be made;

(B)  a permanency hearing at which the court

determined that aggravated circumstances exist and

that reasonable efforts to prevent or eliminate the

need to remove the child from the child's parent,

guardian or custodian or to preserve and reunify the

family need not be made or continue to be made and

the permanency plan for the child is incomplete or

inconsistent with the court's determination;

(C)  an allegation that aggravated circumstances

exist regarding a child who has been adjudicated

dependent, filed under section 6334(b) (relating to

petition); or

(D)  a petition alleging that the hearing is

necessary to protect the safety or physical, mental

or moral welfare of a dependent child.

(4)  If the court determines that the conditions for

extension of court jurisdiction enumerated in subsection

(f.1)(6) are met, the court shall continue to schedule

permanency hearings in accordance with this section until

court jurisdiction is terminated, but no later than when the

child reaches 21 years of age.

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

permanency hearing, a court shall determine all of the

following:

(1)  The continuing necessity for and appropriateness of

the placement.

(2)  The appropriateness, feasibility and extent of

compliance with the permanency plan developed for the child.

(3)  The extent of progress made toward alleviating the

circumstances which necessitated the original placement.

(4)  The appropriateness and feasibility of the current

placement goal for the child.

(5)  The likely date by which the placement goal for the

child might be achieved.

(5.1)  Whether reasonable efforts were made to finalize

the permanency plan in effect.

(6)  Whether the child is safe.

(7)  If the child has been placed outside the

Commonwealth, whether the placement continues to be best

suited to the safety, protection and physical, mental and

moral welfare of the child.

(8)  The services needed to assist a child who is 16

years of age or older to make the transition to independent

living, including a transition plan if one is required.

(9)  If the child has been in placement for at least 15

of the last 22 months or the court has determined that

aggravated circumstances exist and that reasonable efforts to

prevent or eliminate the need to remove the child from the

child's parent, guardian or custodian or to preserve and

reunify the family need not be made or continue to be made,

whether the county agency has filed or sought to join a

petition to terminate parental rights and to identify,

recruit, process and approve a qualified family to adopt the

child unless:

(i)  the child is being cared for by a relative best

suited to the physical, mental and moral welfare of the

child;

(ii)  the county agency has documented a compelling

reason for determining that filing a petition to

terminate parental rights would not serve the needs and

welfare of the child; or

(iii)  the child's family has not been provided with

necessary services to achieve the safe return to the

child's parent, guardian or custodian within the time

frames set forth in the permanency plan.

(10)  If the child has:

(i)  (A)  been informed that the child may request

the court to continue jurisdiction after the child

reaches 18 years of age and that the child may

request the court resume jurisdiction any time prior

to when the child reaches 21 years of age if

discharged from the court's jurisdiction; and

(B)  requested that the court's jurisdiction be

continued after the child reaches 18 years of age,

but in no circumstances beyond 21 years of age, on

the basis that the child meets any of the conditions

set forth in subsection (f.1)(6).

(ii)  been informed of services available to the

child if the child remains under the jurisdiction of the

court.

For children placed in foster care on or before November 19,

1997, the county agency shall file or join a petition for

termination of parental rights under this subsection in

accordance with section 103(c)(2) of the Adoption and Safe

Families Act of 1997 (Public Law 105-89, 111 Stat. 2119).

(f.1)  Additional determination.--Based upon the

determinations made under subsection (f) and all relevant

evidence presented at the hearing, the court shall determine one

of the following:

* * *

(6)  Whether the child will remain under the jurisdiction

of the court after the child reaches 18 years of age and the

duration of the court's jurisdiction, which in no case shall

continue once the child reaches 21 years of age, based on a

determination by the court that the child meets any of the

following conditions:

(i)  is completing a secondary education program or a

program leading to an equivalent credential;

(ii)  is enrolled in an institution that provides

postsecondary or vocation education;

(iii)  is participating in a program or activity

designed to promote employment or remove barriers to

employment;

(iv)  is employed for at least 80 hours per month; or

(v)  is incapable of doing any of the activities

described in subparagraph (i), (ii), (iii) or (iv) due to

a medical or behavioral health condition, which

incapability is supported by regularly updated

information in the case plan of the child.

* * *

(g)  Court order.--On the basis of the determination made

under subsection (f.1), the court shall order the continuation,

modification or termination of placement or other disposition

which is best suited to the safety, protection and physical,

mental and moral welfare of the child, including continuation of

jurisdiction over a child who is determined to meet one of the

conditions enumerated in subsection (f.1)(6).

* * *

Section 3.  Title 42 is amended by adding a section to read:

§ 6351.2.  Termination of jurisdiction.

(a)  Court hearing.--A court hearing shall be held to

terminate the court's jurisdiction over a dependent child who is

18 years of age or older. At the hearing, the court shall

determine if the county agency did the following:

(1)  held a transition plan meeting to develop a

transition plan; and

(2)  prepared a transition plan.

(b)  Transition plan.--A transition plan shall be

personalized at the direction of the child and shall include

specific plans for housing, health insurance, education,

opportunities for mentors and continuing support services, work

force supports and employment services. The plan shall be

prepared at least 180 days immediately prior to the date on

which the child will reach 18 years of age or, if the court has

extended jurisdiction for a child who is 18 years of age or

older, then 180 days immediately prior to the anticipated

termination of jurisdiction. It shall verify that the following

information, documents and services have been provided to the

child:

(1)  Written information concerning the child's

dependency plan, including:

(i)  the child's family history and placement

history;

(ii)  the whereabouts of any siblings under the

jurisdiction of the juvenile court, unless the court

determines that sibling contact would jeopardize the

safety or welfare of the child or sibling; and

(iii)  the date on which the jurisdiction of the

juvenile court would be terminated.

(2)  The following documents:

(i)  Social Security card.

(ii)  Certified birth certificate.

(iii)  Immunization and health records.

(iv)  Education records.

(v)  Documentation of the dates that the child was

under the jurisdiction of the court.

(vi)  If applicable, proof of citizenship or

residence.

(vii)  Driver's license or State identification card.

(3)  Evidence that the child has received assistance in

completing an application for medical assistance or other

health insurance.

(4)  In cases where the county agency is aware that the

child has or may need behavioral health services,

documentation that:

(i)  The child has been referred to the county mental

health program established pursuant to the act of October

20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the

Mental Health and Mental Retardation Act of 1966.

(ii)  An assessment of current mental health needs

has been completed by a mental health professional.

(iii)  If appropriate, a case manager through the

county mental health program has been assigned to the

child.

(iv)  If the assessment reveals a need for services,

an interagency meeting has occurred among the child, any

family members or individuals identified as important to

the child, the child's county agency caseworker, the

child's county mental health case manager, if any, a

representative of the county adult mental health system,

any service providers and other individuals with

expertise on relevant systems who can assist in

developing a written plan that identifies appropriate

services for the child's transition from the court's

jurisdiction.

(v)  Services recommended through the assessment and

agreed upon during the interagency meeting described in

subparagraph (iv), and included in the written plan, were

made available on or before the planned discharge date,

unless the services were applied for in a timely manner

and there is an explanation as to why services could not

be made available before discharge.

(5)  In cases where the child has been identified as

having mental retardation, documentation that:

(i)  The child has been registered with the county

mental retardation program established by the Mental

Health and Mental Retardation Act of 1966.

(ii)  A service coordinator has been assigned to the

child by the county mental retardation program.

(iii)  A Supports Intensity Scale (SIS) or similar

tool has been completed as developed by the Department of

Public Welfare.

(iv)  A current Prioritization of Urgency of Need for

Services (PUNS) or successor form has been completed as

developed by the Department of Public Welfare.

(v)  An interagency meeting to plan for the child's

transition from the jurisdiction of the court occurred at

least one year before the planned date of discharge, or

at the earliest time possible if the child's discharge

date is set for less than one year from the date it is

recorded in the child's permanency plan, and that the

meeting included the child, any family members or

individuals identified as important to the child, the

county agency caseworker, a provider of mental

retardation services familiar with the child, the child's

caseworker from the county mental retardation program,

the child's supports coordinator, a representative from

the Department of Public Welfare's developmental programs

and representatives from appropriate educational

programs.

(6)  In cases where the child has autism, documentation

that:

(i)  The Bureau of Autism Services in the Department

of Public Welfare was notified of the planned discharge

at least one year prior to the child's planned discharge

date recorded on the child's permanency plan or at the

earliest time possible if the child's discharge date is

set for less than one year from the date it is recorded

in the child's permanency plan.

(ii)  The child's needs have been assessed and all

appropriate services and waivers have been applied for.

(iii)  An interagency meeting to plan for the child's

transition from the jurisdiction of the court occurred at

least one year before the planned date of discharge, or

at the earliest time possible if the child's discharge

date is set for less than one year from the date it is

recorded in the child's permanency plan, and that the

meeting included the child, any family members or

individuals identified as important to the child, the

county agency caseworker, a representative from the

Department of Public Welfare responsible for

developmental programs and representatives from

appropriate educational programs.

(7)  In cases where the child has a physical disability,

documentation that the county agency has notified appropriate

agencies that administer home-based and community-based

waivers under the medical assistance program for adults with

disabilities of the child's planned discharge and that an

assessment has been made whether the child may be eligible

for any waiver by the county agency and that an appropriate

application has been submitted at least six months prior to

the planned discharge recorded in the child's permanency plan

or the earliest time possible if the child's discharge date

is set for less than six months from the date it is recorded

in the child's permanency plan.

(8)  A description of the child's suitable housing plan.

(9)  Documentation that the child has a source of income

through employment or other legitimate means, which shall not

include public benefits unless the child has been determined

to be unable to work due to a disability.

(10)  Documentation of the child's education plan and

that assistance has been provided in applying for admission

to college, a vocational training program or other

educational institution and in obtaining financial aid.

(11)  Documentation that the county agency assisted the

child in identifying individuals who can support the child in

the child's transition to adulthood, including the child's

biological parents and relatives, especially where

appropriate, and adults who can serve as mentors.

(12)  Documentation that the county agency has made

reasonable efforts to achieve permanency for the child,

including arranging for all available services and resources.

(13)  Documentation that an application for Supplemental

Security Income (SSI) benefits has been submitted for any

child with a disability 90 days prior to the child's

discharge from the court's jurisdiction.

(14)  Documentation that the child has been informed by

the county agency that the child may request the court to

continue jurisdiction and that the child may request that the

court resume jurisdiction prior to when the child attains 21

years of age in accordance with this chapter.

(c)  Continued jurisdiction related to plan.--The court shall

continue jurisdiction if the court determines that the county

agency has not met the requirements of subsection (b), in which

case the court shall order continued jurisdiction for a period

of time in order that the county agency meet said requirements.

(d)  Petition to resume jurisdiction.--

(1)  At any time prior to a child reaching 21 years of

age, a child for whom dependency jurisdiction was terminated

when the child was 18 years of age or older may request that

the court resume dependency jurisdiction if the child meets

any one of the conditions enumerated in section 6351(f.1.)(6)

(relating to disposition of dependent child).

(2)  A petition can be filed in the county wherein the

child was formerly adjudicated dependent as follows:

(i)  Upon the child's request to the county agency to

resume dependency jurisdiction, the county agency shall

file a petition with the court pursuant to section 6334

(relating to petition) for an adjudication that court

jurisdiction shall be resumed.

(ii)  The child's guardian ad litem or legal counsel

appointed prior to the child's discharge from the

jurisdiction of the court may file a petition at the

request of the child.

(iii)  If the child contacts the court directly and

requests that a petition to resume court jurisdiction be

filed, the court shall make available sample petitions to

the child.

(3)  A hearing on the petition shall be scheduled in

accordance with section 6335 (relating to release or holding

of hearing).

(4)  The court shall appoint a guardian ad litem or legal

counsel for the child pursuant to section 6311 (relating to

guardian ad litem for child in court proceedings) and section

6337 (relating to right to counsel) in any proceeding under

this chapter. If possible, the court shall appoint the

guardian ad litem or legal counsel who represented the child

in a prior dependency proceeding.

(5)  If the court resumes jurisdiction of the child,

permanency review hearings shall be scheduled in accordance

with section 6351 until court jurisdiction is terminated, but

no later than when the child attains 21 years of age.

Section 4.  This act shall take effect in one year.