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PRIOR PRINTER'S NOS. 535, 2051
PRINTER'S NO. 2410
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
477
Session of
2015
INTRODUCED BY HICKERNELL, TOOHIL, BISHOP, COHEN, DUSH, FEE,
HARHART, HEFFLEY, MENTZER, MILLARD, MURT, PICKETT, ROEBUCK,
ROZZI, YOUNGBLOOD AND ZIMMERMAN, FEBRUARY 17, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 20, 2015
AN ACT
Providing for activities and experiences for children in out-of-
home placements.
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 Activities
and Experiences for Children in Out-of-Home Placements Act.
Section 2. Legislative intent.
The General Assembly finds and declares as follows:
(1) Parents and guardians make important decisions every
day regarding the participation of their children in
activities. Caregivers of children in out-of-home placements
are faced with making the same decisions for children in
their care.
(2) When a caregiver of a child in an out-of-home
placement makes a decision regarding the child's
participation in an activity, the caregiver must consider
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applicable laws and policies designed to safeguard the
child's health and safety. However, these laws and policies
are sometimes interpreted to prohibit a child from
participating in age-appropriate and OR developmentally
appropriate extracurricular and community activities that are
important to healthy child and adolescent development.
(3) Participation in activities in school and the
community is important to a child's well-being, both
emotionally and in terms of developing valuable life skills
and building healthy supportive relationships with peers and
caring adults. Providing children with age-appropriate and OR
developmentally appropriate opportunities to experience
freedom and responsibility are central to making a successful
transition to adulthood.
(4) It is the intent of the General Assembly to
recognize the importance of normalizing the lives of children
in out-of-home placements and to empower their caregivers to
approve or disapprove a child's participation in activities
without prior approval of the department, the child's COUNTY
AGENCY OR PRIVATE AGENCY caseworker or the court.
Section 3. 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:
"Age-appropriate or developmentally appropriate." The
following:
(1) activities or items that are generally accepted as
suitable for children of the same chronological age or level
of maturity or that are determined to be developmentally
appropriate for a child, based on the development of
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cognitive, emotional, physical and behavioral capacities that
are typical for an age or age group; and
(2) in the case of a specific child, activities or items
that are suitable for the child based on the developmental
stages attained by the child with respect to the cognitive,
emotional, physical and behavioral capacities of the child.
"Caregiver." A person with whom the child is placed in an
out-of-home placement, including a resource family or an
individual designated by a facility licensed under 55 Pa. Code
Ch. 3800 (relating to child residential and day treatment
facilities) or any other setting in which a dependent child is
placed by a court under 42 Pa.C.S. ยง 6351 (relating to
disposition of dependent child). COUNTY AGENCY OR PRIVATE
AGENCY. THE RESOURCE FAMILY IS THE CAREGIVER FOR ANY CHILD
PLACED WITH THEM.
"County agency." The county children and youth social
service agency established in accordance with section 405 of the
act of June 24, 1937 (P.L.2017, No.396), known as the County
Institution District Law, or its successor, and supervised by
the department 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 Human Services of the
Commonwealth.
"Out-of-home placement." An out-of-home placement under 42
Pa.C.S. 6351. A SETTING THAT PROVIDES 24-HOUR SUBSTITUTE CARE
FOR A CHILD AWAY FROM THE CHILD'S PARENTS OR GUARDIANS AND FOR
WHOM THE COUNTY AGENCY HAS PLACEMENT CARE AND RESPONSIBILITY.
THE TERM INCLUDES RESOURCE FAMILY HOMES AND SUPERVISED SETTINGS
IN WHICH A CHILD IS LIVING, AND, FOR A CHILD WHO HAS ATTAINED 18
YEARS OF AGE, A SUPERVISED SETTING IN WHICH THE INDIVIDUAL IS
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LIVING INDEPENDENTLY. THE TERM DOES NOT INCLUDE SECURE
FACILITIES, FACILITIES OPERATED PRIMARILY FOR THE DETENTION OF
CHILDREN WHO HAVE BEEN ADJUDICATED DELINQUENT, ACCREDITED
PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES OR HOSPITALS.
"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). AN ENTITY THAT PROVIDES OUT-OF-HOME PLACEMENT
SERVICES TO CHILDREN UNDER A CONTRACT WITH A COUNTY AGENCY.
"Reasonable and prudent parent standard." The standard,
characterized by careful and sensible parental decisions that
maintain the health, safety and best interests of a child while
encouraging the emotional and developmental growth of the child,
that a caregiver must use when determining whether to allow a
child in foster care AN OUT-OF-HOME PLACEMENT under the
responsibility of the county agency to participate in
extracurricular, enrichment, cultural and social activities.
"RESOURCE FAMILY." AS DEFINED UNDER SECTION 3 OF THE ACT OF
NOVEMBER 22, 2005 (P.L.404, NO.73), KNOWN AS THE RESOURCE FAMILY
CARE ACT.
Section 4. Access and standard.
(a) Access to activities and experiences.--Subject to
subsection (b), a child in an out-of-home placement is entitled
ALLOWED AND AFFORDED AN OPPORTUNITY to engage in, to the
greatest extent possible, age-appropriate and OR developmentally
appropriate activities and experiences. A child with a
disability or special needs in an out-of-home placement shall
have the same access to age-appropriate and OR developmentally
appropriate activities and experiences as the child's
nondisabled peers, even if reasonable accommodations are
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required.
(b) Caregiver authority.--Caregivers have the authority to
provide or withhold permission for children in their care to
participate in and experience age-appropriate and OR
developmentally appropriate activities and experiences in
accordance with this section. The authority of a caregiver:
(1) Must be exercised using the reasonable and prudent
parent standard and does not conflict with any applicable
court order and OR service plan.
(2) May be exercised without the prior approval of a
county agency or private agency OR THE COURT.
(c) Reasonable and prudent parent standard.--When using the
reasonable and prudent parent standard, a caregiver must
consider all of the following:
(1) The child's age, maturity and developmental level to
maintain the overall health and safety of the child.
(2) The potential risk factors TO THE CHILD OR TO OTHERS
and the appropriateness of the extracurricular, enrichment,
CULTURAL or social activity or experience.
(3) The best interest of the child, based on information
known by the caregiver.
(4) The child's wishes.
(5) The importance of encouraging the child's emotional
and developmental growth.
(6) The importance of supporting the child in developing
skills to successfully transition to adulthood.
(7) The importance of providing the child with the most
family-like living experience possible.
(8) Any special needs or accommodations that the child
may need to safely participate in the activity or experience.
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(d) Limitation of liability.--A caregiver, county agency and
private agency shall not be liable for harm caused to a child
while engaged in an activity or experience approved by the
caregiver if:
(1) THE CAREGIVER HAS COMPLETED THE REQUIRED TRAINING
RELATING TO THE REASONABLE AND PRUDENT PARENT STANDARD;
(1) (2) the caregiver has used MADE A GOOD FAITH EFFORT
TO USE the reasonable and prudent parent standard in
approving the activity or experience; and
(2) (3) the approval does not conflict with any
applicable court order and OR service plan.
(e) Other liability protection.--This section shall not
remove or limit any existing liability protection afforded by
any other law.
Section 5. Obligations of department.
The Office of Children, Youth and Families of the department
shall do all of the following:
(1) Require, as a condition of licensure for COUNTY AND
PRIVATE foster family care agencies and facilities providing
out-of-home placements, the development of standards and
training relating to the reasonable and prudent parent
standard. The standards and training shall include, but are
not limited to, the following:
(i) knowledge and skills relating to the
developmental stages of the cognitive, emotional,
physical and behavioral capacities of a child; and
(ii) knowledge and skills relating to applying the
reasonable and prudent parent standard to:
(A) decisions such as whether to allow a child
to engage in extracurricular, enrichment, cultural
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and social activities, including sports, field trips
and overnight activities lasting one or more days;
and
(B) decisions involving the signing of
permission slips and arranging transportation for the
child to and from extracurricular, enrichment,
cultural and social activities.; AND
(C) METHODS FOR APPROPRIATELY CONSIDERING THE
CONCERNS OF THE BIOLOGICAL PARENTS OF A CHILD IN
DECISIONS RELATED TO PARTICIPATION OF THE CHILD IN
ACTIVITIES, WITH THE UNDERSTANDING THAT THOSE
CONCERNS SHOULD NOT NECESSARILY DETERMINE THE
PARTICIPATION OF THE CHILD IN ANY ACTIVITY.
(2) Verify, at yearly licensure reviews, that county and
private agencies providing out-of-home placement do all of
the following:
(i) Promote and protect the ability of a child to
participate in age-appropriate and OR developmentally
appropriate activities and experiences.
(ii) Implement policies consistent with this act.
(III) PROVIDE AND DOCUMENT THAT THE REQUIRED
TRAINING UNDER PARAGRAPH (1) HAS BEEN PROVIDED TO
CAREGIVERS.
(3) Develop standards and a process by which individuals
employed by facilities providing out-of-home placements are
designated to make decisions for children based on the
reasonable and prudent parent standard.
(4) DEVELOP A TEMPLATE FOR THE REQUIRED TRAINING RELATED
TO THE REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE
WITH THIS ACT.
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(5) WORK WITH INTERESTED PARTIES, INCLUDING CHILDREN, TO
DEVELOP AGE-APPROPRIATE WRITTEN MATERIALS THAT EXPLAIN THE
REQUIREMENTS UNDER THIS ACT.
Section 6. County obligations.
A county agency shall do all of the following:
(1) Ensure that all COUNTY-OPERATED out-of-home
placement facilities SETTINGS OTHER THAN A RESOURCE FAMILY
HOME designate an individual to provide decision-making
authority under the reasonable and prudent parent standard
for children residing in their care. The individual
designated should consult with social workers COUNTY AGENCY
CASEWORKERS or treatment staff members who are most familiar
with the child at the applicable facility in applying and
using the reasonable and prudent parent standard.
(2) ENSURE THAT CONTRACTS FOR PURCHASED SERVICES BETWEEN
THE COUNTY AND A PRIVATE AGENCY THAT OPERATES AN OUT-OF-HOME
PLACEMENT SETTING OTHER THAN A RESOURCE FAMILY HOME INCLUDE A
REQUIREMENT FOR THE AGENCY TO DESIGNATE AN INDIVIDUAL TO
PROVIDE DECISION-MAKING AUTHORITY UNDER THE REASONABLE AND
PRUDENT PARENT STANDARD FOR CHILDREN RESIDING IN THEIR CARE
IN ACCORDANCE WITH STAFFING AND SUPERVISION REQUIREMENTS
APPLICABLE TO THE SETTING. THE INDIVIDUAL DESIGNATED SHOULD
CONSULT WITH COUNTY AGENCY AND PRIVATE AGENCY CASEWORKERS OR
STAFF MEMBERS WHO ARE MOST FAMILIAR WITH THE CHILD IN
APPLYING AND USING THE REASONABLE AND PRUDENT PARENT
STANDARD.
(3) ENSURE THAT CONTRACTS FOR PURCHASED SERVICES BETWEEN
THE COUNTY AND A PRIVATE AGENCY INCLUDE A REQUIREMENT FOR THE
PRIVATE AGENCY TO PROVIDE TRAINING AND MONITORING OF RESOURCE
FAMILIES REGARDING THE APPLICATION AND USE OF THE REASONABLE
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AND PRUDENT PARENT STANDARD.
(4) PROVIDE TRAINING AND MONITORING OF COUNTY AGENCY
RESOURCE FAMILIES REGARDING THE APPLICATION AND USE OF THE
REASONABLE AND PRUDENT PARENT STANDARD.
(2) (5) Consistent with its case and placement planning
responsibilities under Federal and State law, ensure that the
child's service plan provides the opportunity to participate
in age-appropriate or developmentally appropriate activities
and experiences to the greatest extent possible to promote
healthy child and adolescent development consistent with
Federal law and this act. A child's service plan shall
include goals and objectives, and the child's progress toward
meeting the goals and objectives, for the following:
(i) Participation in extracurricular, enrichment,
cultural and social activities.
(ii) For a child who is 14 years of age or older,
providing opportunities to gain experience in mastering
skills needed to transition to successful adulthood and
managing freedom and responsibility.
Section 7. Dispositional review and permanency hearings.
At a permanency hearing under 42 Pa.C.S. ยง 6351 (relating to
disposition of dependent child), the court shall make findings
that the child be provided with the opportunity to participate
in age-appropriate or developmentally appropriate activities and
experiences, to the greatest extent possible, to promote healthy
child and adolescent development, consistent with Federal law
and this act.
Section 8 7. Notifications.
(a) Caregiver.--The appropriate county agency shall provide
ENSURE THAT a caregiver with IS PROVIDED WITH A written
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notification of the caregiver's responsibilities and rights
under this act. The notification shall be provided at the time
of the caregiver's licensure or court approval A RESOURCE FAMILY
HOME CERTIFICATION OR THE DESIGNATION OF A CAREGIVER BY A COUNTY
AGENCY OR PRIVATE AGENCY and annually thereafter.
(b) Child.--The county agency shall:
(1) Explain the rights of children under this act at
least annually as part of the family service and permanency
planning process and provide a child in an out-of-home
placement with a written explanation of the requirements of
this act. Consistent with the act of November 23, 2010
(P.L.1264, No.119), known as the Children in Foster Care Act,
the requirements of this paragraph shall be included in the
list of requirements under section 3 of the Children in
Foster Care Act, along with the explanation of the grievance
policy. A notation that these notifications have been
completed must be made in the child's record.
(2) Work with interested parties, including children, to
develop age-appropriate written materials that explain
children's rights under this act.
COUNTY AGENCY SHALL ENSURE THAT CHILDREN IN OUT-OF-HOME
PLACEMENT HAVE THEIR OPPORTUNITIES UNDER THIS ACT EXPLAINED TO
THEM IN A MANNER APPROPRIATE TO THE CHILD'S AGE, DEVELOPMENT AND
MATURITY AND THAT THE CHILDREN ARE PROVIDED WITH A WRITTEN
EXPLANATION OF THE REQUIREMENTS OF THIS ACT AT INITIAL
PLACEMENT, FOR ANY SUBSEQUENT MOVE, AND AT LEAST ANNUALLY AS
PART OF THE FAMILY SERVICE AND PERMANENCY PLANNING PROCESS.
CONSISTENT WITH THE ACT OF NOVEMBER 23, 2010 (P.L.1264, NO.119),
KNOWN AS THE CHILDREN IN FOSTER CARE ACT, THE REQUIREMENTS OF
THIS SUBSECTION SHALL BE INCLUDED IN THE LIST OF REQUIREMENTS
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UNDER SECTION 3 OF THE CHILDREN IN FOSTER CARE ACT, ALONG WITH
THE EXPLANATION OF THE GRIEVANCE POLICY. A NOTATION THAT THESE
NOTIFICATIONS HAVE BEEN COMPLETED MUST BE MADE IN THE CHILD'S
RECORD.
SECTION 8. TRAINING.
THE REASONABLE AND PRUDENT PARENT STANDARD TRAINING REQUIRED
UNDER THIS ACT MUST BE COMPLETED AS FOLLOWS:
(1) A CURRENT CAREGIVER MUST COMPLETE THE TRAINING BY
DECEMBER 31, 2015.
(2) AN INDIVIDUAL WHO BECOMES A CAREGIVER AFTER THE
EFFECTIVE DATE OF THIS SECTION MUST COMPLETE THE TRAINING
PRIOR TO A CHILD'S PLACEMENT, UNLESS THERE IS AN EMERGENCY
PLACEMENT.
(3) IF A CHILD IS PLACED IN AN EMERGENCY PLACEMENT AFTER
THE EFFECTIVE DATE OF THIS SECTION, THE CAREGIVER SHALL
COMPLETE THE TRAINING WITHIN 60 DAYS OF THE EMERGENCY
PLACEMENT.
Section 9. This act shall take effect in 60 days IMMEDIATELY.
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