THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MUNDY, EACHUS, TRUE, BELFANTI, BRADFORD, BRIGGS, CALTAGIRONE, CARROLL, CURRY, CUTLER, DALEY, DePASQUALE, DeWEESE, FRANKEL, HARKINS, HICKERNELL, HOUGHTON, JOHNSON, JOSEPHS, KULA, MAHONEY, MANN, McILVAINE SMITH, MURPHY, MURT, PALLONE, PARKER, PASHINSKI, PAYTON, PETRI, PRESTON, SAMUELSON, SANTONI, SHAPIRO, SIPTROTH, K. SMITH, STABACK, STURLA, WAGNER, WILLIAMS AND YOUNGBLOOD, MARCH 17, 2010

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 17, 2010  

AN ACT

Providing for requirements for children in foster care and for

grievance policy and procedure.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Children in

Foster Care Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Child in foster care."  An individual who was adjudicated

dependent before reaching 18 years of age and who:

(1)  has not reached 18 years of age and is in placement;

or

(2)  is in placement after reaching 18 years of age and

while engaged in a course of instruction or treatment

requests the court to retain jurisdiction until the course of

instruction or treatment is completed, but in no event shall

the court maintain jurisdiction after the individual reaches

21 years of age.

"County agency."  A county children and youth social service

agency established under section 405 of the act of June 24, 1937

(P.L.2017, No.396), known as the County Institution District

Law, and supervised by the Department of Public Welfare under

Article IX of the act of June 13, 1967 (P.L.31, No.21), known as

the Public Welfare Code.

"Department."  The Department of Public Welfare of the

Commonwealth.

"Members of an integrated children’s services planning team."

The term includes a public or private children and youth

caseworker, juvenile probation officer, mental health

caseworker, mental retardation caseworker and any other

individual who is considered to be a part of a services planning

team specific to a child.

"Parent."  A biological parent, adoptive parent or legal

guardian.

"Private agency."  A children and youth social service agency

subject to the requirements of 55 Pa. Code Ch. 3680 (relating to

administration and operation of a children and youth social

service agency).

"Relative."  An individual who is at least 21 years of age

and related within the third degree of consanguinity or affinity

to the parent or stepparent of a child.

"Resource family."  A family that provides temporary foster

or kinship care for a child who needs out-of-home placement and

that may eventually provide permanency for the child, including

as an adoptive family.

"Unreasonable restraint."  Controlling behavior or

restricting movement through the application of physical,

mechanical or chemical intervention. Restraint may not be used

for coercion or punishment. Emergency safety interventions

required to prevent harm to self or others where less

restrictive alternatives have failed shall not constitute

unreasonable restraint.

Section 3.  Children in foster care.

Children in foster care shall be provided with the following:

(1)  Treatment with fairness, dignity and respect.

(2)  Freedom from discrimination because of race, color,

religion, disability, national origin, age or gender.

(3)  Freedom from harassment, corporal punishment,

unreasonable restraint and physical, sexual, emotional and

other abuse.

(4)  The ability to live in the least restrictive, most

family-like setting that is safe, healthy, comfortable and

meets the child's needs.

(5)  Proper nourishment.

(6)  Clothing that is clean, seasonal and age and gender

appropriate.

(7)  Access to medical, dental, vision, mental health,

behavioral health and drug and alcohol abuse and addiction

services consistent with the laws of this Commonwealth and

for which the child qualifies.

(8)  Information related to a treatment plan under

paragraph (7), including, but not limited to, medication and

medication options and the opportunity to communicate a

preference regarding a treatment plan, medication or

medication options. If a child objects to a treatment plan,

his or her objection shall be noted in the child's case

record.

(9)  Consent to medical and mental health treatment

consistent with the requirements of 55 Pa. Code § 3130.91

(relating to consent to treatment).

(10)  Permission to visit and have contact with family

members, including siblings, as frequently as possible,

consistent with the family service plan and the child's

permanency plan, unless prohibited by court order, but no

less than that prescribed by regulation in effect on the

effective date of this paragraph.

(11)  The contact information of the child's guardian ad

litem, attorney, court-appointed special advocate and members

of the integrated services planning team and the opportunity

to contact those persons.

(12)  An environment that maintains and reflects the

child's culture as may be reasonably accommodated.

(13)  Education stability and an appropriate education

consistent with the laws of this Commonwealth, including the

opportunity to participate in extracurricular, cultural and

personal enrichment activities that are reasonably available

and accommodated and consistent with the child's age and

developmental level.

(14)  The opportunity to work and develop job skills at

an age-appropriate level, consistent with the laws of this

Commonwealth and as may be reasonably accommodated.

(15)  The ability to receive appropriate life skills

training and independent living services to prepare the child

for the transition to adulthood, as consistent with Federal

and State laws.

(16)  Notice of and the ability to attend court hearings

relating to the child's case and to have the opportunity to

be heard.

(17)  Confidentiality consistent with the laws of this

Commonwealth.

(18)  First consideration for placement with relatives,

including siblings. In the absence of relatives, to have any

kinship resource be considered as the preferred placement

resource if the placement is consistent with the best

interest of the child and the needs of other children in the

kinship residence.

(19)  Consideration of any previous resource family as

the preferred placement resource, if relative and kinship

resources are unavailable and the placement resource is

consistent with the best interest of the child.

(20)  If the child in foster care has a child of his or

her own, and that child has been placed in the same resource

family with the parent, the child in foster care may exercise

parental and decision-making authority over his or her own

child, so long as there are no safety concerns on the part of

the county child welfare agency or determined by the juvenile

court.

(21)  Permission to participate in religious observances

and activities and attend religious services of the child's

preference or the religion of the child's family of origin or

culture as may be reasonably accommodated.

(22)  A permanency plan and transition plan developed in

conjunction with the child, and reviewed with the child, that

provides the child with:

(i)  Safety.

(ii)  Stability.

(iii)  Permanence and well-being, including stable

and safe housing, opportunities for postsecondary

education and training and employment and a stable source

of income, health insurance and a plan for future

treatment.

(iv)  Connections with reliable adults.

(23)  Notification that the child may request to remain

under the court's jurisdiction under paragraph (3) of the

definition of "child" under 42 Pa.C.S. § 6302 (relating to

definitions).

(24)  The grievance policy and procedure from a county

agency or private agency and in accordance with section 4.

(25)  The ability to file a grievance related to any of

the provisions under this section to the appropriate official

overseeing the child's care in accordance with a county or

private agency's grievance policy and procedure.

Section 4.  Grievance policy and procedure.

(a)  Model grievance policy and procedure.--The department

shall develop a model grievance policy and procedure for use by

county and private agencies consistent with the requirements of

55 Pa. Code §§ 3130.88 (relating to children's grievances) and

3680.48 (relating to children's grievances) and incorporating

the provisions of section 3. The model grievance policy and

procedure shall be made available to all county and private

agencies for their use within 30 days of the effective date of

this act.

(b)  County or private agency option.--Each county or private

agency shall adopt the model grievance policy and procedure, or

revise its current grievance policy and procedure to include the

provisions of section 3, no later than 45 days after the

effective date of this act.

Section 5.  Notice of requirements for children in foster care.

(a)  Notice to child.--

(1)  For a child who is placed in foster care on or after

the effective date of this act, a county or private agency

shall explain the requirements for children in substitute

care set forth under section 3 as part of the explanation of

the agency's grievance policy and procedure. A notation shall

be made in the child's record to affirm that the child is

aware of the requirements for children in foster care under

section 3. The explanation of the grievance policy and

procedure shall be consistent with the requirements of 55 Pa.

Code §§ 3130.88 (relating to children's grievances) and

3680.48 (relating to children's grievances).

(2)  For a child who was in placement prior to the

effective date of this act and has already been provided with

an explanation of a county or private agency's grievance

policy and procedure, a county or private agency shall

explain the agency's new grievance policy and procedure that

incorporates the requirements for children in foster care

under section 3. A second notation shall be made in the

child's record to affirm that the child is aware of the new

grievance policy and procedure and the requirements for

children in foster care set forth under section 3. The

explanation of the grievance policy and procedure shall be

consistent with the requirements of 55 Pa. Code §§ 3130.88

and 3680.48.

(b)  Notice to child's parents and resource family.--

(1)  A child's parents shall be provided with a copy of

the requirements for children in foster care under section 3

by the appropriate county or private agency within 30 days of

the child's being put in placement.

(2)  For a parent whose child was in placement prior to

the effective date of this act, a county or private agency

shall provide a copy of the requirements for children in

foster care under section 3 within 30 days of the effective

date of this act.

(3)  A resource family shall be provided with a copy of

the requirements for children in foster care under section 3

by the appropriate county or private agency upon approval as

a resource family.

(4)  For a resource family that was approved by a county

or private agency prior to the effective date of this act, a

county or private agency shall provide a copy of the

requirements for children in foster care under section 3

within 30 days of the effective date of this act.

Section 6.  Private actions.

This act does not establish a private cause of action for

violation of any provision of this act.

Section 7.  Effective date.

This act shall take effect in 120 days.