SENATE AMENDED
PRIOR PRINTER'S NOS. 1131, 1138, 1237,
1330
PRINTER'S NO. 1946
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
934
Session of
2015
INTRODUCED BY CHRISTIANA, V. BROWN, MILLARD, HELM, KOTIK,
MUSTIO, DRISCOLL, McNEILL, LONGIETTI, COHEN, QUIGLEY,
A. HARRIS, ORTITAY, MARSHALL, SIMMONS, SCHREIBER, GRELL,
SAYLOR, STEPHENS, GROVE, MURT, WATSON, GABLER, KAUFER,
GIBBONS, JOZWIAK, M. DALEY AND DAVIS, APRIL 8, 2015
SENATOR VANCE, PUBLIC HEALTH AND WELFARE, IN SENATE, AS AMENDED,
JUNE 26, 2015
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in public assistance,
providing for the establishment of KEYS.; IN CHILDREN AND
YOUTH, FURTHER PROVIDING FOR PROVIDER SUBMISSIONS; IN
DEPARTMENTAL POWERS AND DUTIES AS TO SUPERVISION, FURTHER
PROVIDING FOR DEFINITIONS; IN DEPARTMENTAL POWERS AND DUTIES
AS TO LICENSING, FURTHER PROVIDING FOR DEFINITIONS, FOR FEES
AND FOR PROVISIONAL LICENSE; REPEALING PROVISIONS RELATING TO
REGISTRATION PROVISIONS; AND, IN FAMILY FINDING AND KINSHIP
CARE, FURTHER PROVIDING FOR DEFINITIONS, FOR KINSHIP CARE
PROGRAM AND FOR PERMANENT LEGAL CUSTODIANSHIP SUBSIDY AND
REIMBURSEMENT; ABROGATING A REGULATION; AND MAKING EDITORIAL
CHANGES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Public Welfare Code, is amended by adding a section to
read:
Section 405.1B. Establishment of KEYS.--(a) There is
established in the department a program which shall be known as
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Keystone Education Yields Success (KEYS). KEYS shall be designed
to enable and to assist eligible individuals receiving TANF or
SNAP benefits to enroll in and pursue a certificate or degree
program within one of the Commonwealth's community colleges , a
career or technical school registered with the Department of
Education or university within the Pennsylvania State System of
Higher Education .
(b) A KEYS recipient shall be permitted to count vocational
education, including class time, clinicals, labs and study time
as set by the community college, university or school, toward
the recipient's core TANF work requirement for twenty-four
months.
(c) In accordance with KEYS and notwithstanding section
405.1, the following requirements shall apply:
(1) A recipient shall be enrolled in an approved degree
or certificate program that will assist the recipient in
securing a job that pays a family-sustaining wage.
(2) A KEYS recipient may be granted extensions for six-
month periods to complete the certificate or degree program,
provided:
(i) the recipient is enrolled in a program that will
lead to a high-priority occupation, as defined in section
1301 of the act of December 18, 2001 (P.L.949, No.114),
known as the Workforce Development Act or a program the
community college has certified meets the same criteria
as a high-priority occupation;
(ii) The recipient has maintained a 2.0 grade point
average; and
(iii) the recipient has made satisfactory progress
toward completing the program, including, but not limited
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to, completing all required developmental course work and
successfully completing an average of eight credits per
semester.
(d) A person who, without good cause, fails or refuses to
comply with the terms and conditions of the KEYS program shall
be terminated from the program.
(e) The department is authorized to promulgate regulations
to implement this section.
(f) The department shall implement this section in
conformity with Federal law.
(G) NOTHING IN THIS SECTION CREATES OR PROVIDES AN
INDIVIDUAL WITH AN ENTITLEMENT TO SERVICES OR BENEFITS. SERVICES
UNDER THIS SECTION SHALL ONLY BE AVAILABLE TO INDIVIDUALS
ENROLLED IN THE KEYS PROGRAM TO THE EXTENT THAT FUNDS ARE
AVAILABLE.
SECTION 2. SECTION 704.3(A) OF THE ACT, ADDED JULY 9, 2013
(P.L.369, NO.55), IS AMENDED TO READ:
SECTION 704.3. PROVIDER SUBMISSIONS.--(A) FOR FISCAL [YEAR]
YEARS 2013-2014, 2014-2015 AND 2015-2016, A PROVIDER SHALL
SUBMIT DOCUMENTATION OF ITS COSTS OF PROVIDING SERVICES; AND THE
DEPARTMENT SHALL USE SUCH DOCUMENTATION, TO THE EXTENT
NECESSARY, TO SUPPORT THE DEPARTMENT'S CLAIM FOR FEDERAL FUNDING
AND FOR STATE REIMBURSEMENT FOR ALLOWABLE DIRECT AND INDIRECT
COSTS INCURRED IN THE PROVISION OF OUT-OF-HOME PLACEMENT
SERVICES.
* * *
SECTION 3. THE DEFINITION OF "CHILDREN'S INSTITUTIONS" IN
SECTION 901 OF THE ACT, AMENDED DECEMBER 5, 1980 (P.L.1112,
NO.193), IS AMENDED AND THE SECTION IS AMENDED BY ADDING A
DEFINITION TO READ:
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SECTION 901. DEFINITIONS.--AS USED IN THIS ARTICLE--
"CHILD DAY CARE" MEANS CARE IN LIEU OF PARENTAL CARE GIVEN
FOR PART OF THE TWENTY-FOUR HOUR DAY TO A CHILD UNDER SIXTEEN
YEARS OF AGE, AWAY FROM THE CHILD'S HOME, BUT DOES NOT INCLUDE
CHILD DAY CARE FURNISHED IN A PLACE OF WORSHIP DURING RELIGIOUS
SERVICES.
"CHILDREN'S INSTITUTIONS" MEANS ANY INCORPORATED OR
UNINCORPORATED ORGANIZATION, SOCIETY, CORPORATION OR AGENCY,
PUBLIC OR PRIVATE, WHICH MAY RECEIVE OR CARE FOR CHILDREN, OR
PLACE THEM IN FOSTER FAMILY HOMES, EITHER AT BOARD, WAGES OR
FREE; OR ANY INDIVIDUAL WHO, FOR HIRE, GAIN OR REWARD, RECEIVES
FOR CARE A CHILD, UNLESS HE IS RELATED TO SUCH CHILD BY BLOOD OR
MARRIAGE WITHIN THE SECOND DEGREE; OR ANY INDIVIDUAL, NOT IN THE
REGULAR EMPLOY OF THE COURT OR OF AN ORGANIZATION, SOCIETY,
ASSOCIATION OR AGENCY, DULY CERTIFIED BY THE DEPARTMENT, WHO IN
ANY MANNER BECOMES A PARTY TO THE PLACING OF CHILDREN IN FOSTER
HOMES, UNLESS HE IS RELATED TO SUCH CHILDREN BY BLOOD OR
MARRIAGE WITHIN THE SECOND DEGREE, OR IS THE DULY APPOINTED
GUARDIAN THEREOF. THE TERM SHALL NOT INCLUDE A FAMILY [DAY]
CHILD CARE HOME [IN WHICH CARE IS PROVIDED IN LIEU OF PARENTAL
CARE TO SIX OR LESS CHILDREN FOR PART OF A TWENTY-FOUR HOUR DAY]
OR CHILD DAY CARE CENTER OPERATED FOR PROFIT AND SUBJECT TO THE
PROVISIONS OF ARTICLE X.
* * *
SECTION 4. THE DEFINITION OF "FACILITY" IN SECTION 1001 OF
THE ACT, AMENDED JULY 25, 2007 (P.L.402, NO.56), IS AMENDED AND
THE SECTION IS AMENDED BY ADDING A DEFINITION TO READ:
SECTION 1001. DEFINITIONS.--AS USED IN THIS ARTICLE--
* * *
"FACILITY" MEANS AN ADULT DAY CARE CENTER, CHILD DAY CARE
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CENTER, FAMILY [DAY] CHILD CARE HOME, BOARDING HOME FOR
CHILDREN, MENTAL HEALTH ESTABLISHMENT, PERSONAL CARE HOME,
ASSISTED LIVING RESIDENCE, NURSING HOME, HOSPITAL OR MATERNITY
HOME, AS DEFINED HEREIN, EXCEPT TO THE EXTENT THAT SUCH A
FACILITY IS OPERATED BY THE STATE OR FEDERAL GOVERNMENTS OR
THOSE SUPERVISED BY THE DEPARTMENT, OR LICENSED PURSUANT TO THE
ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE "HEALTH CARE
FACILITIES ACT."
"FAMILY CHILD CARE HOME" MEANS A HOME WHERE CHILD DAY CARE IS
PROVIDED AT ANY TIME TO NO LESS THAN FOUR CHILDREN AND NO MORE
THAN SIX CHILDREN WHO ARE NOT RELATIVES OF THE CAREGIVER.
* * *
SECTION 5. SECTION 1006 OF THE ACT, AMENDED DECEMBER 21,
1988 (P.L.1883, NO.185), IS AMENDED TO READ:
SECTION 1006. FEES.--ANNUAL LICENSES SHALL BE ISSUED WHEN
THE PROPER FEE, IF REQUIRED, IS RECEIVED BY THE DEPARTMENT AND
ALL THE OTHER CONDITIONS PRESCRIBED IN THIS ACT ARE MET. FOR
PERSONAL CARE HOMES, THE FEE SHALL BE AN APPLICATION FEE. THE
FEES SHALL BE:
FACILITY ANNUAL FEE
ADULT DAY CARE CENTER $ 15
MENTAL HEALTH ESTABLISHMENT 50
PERSONAL CARE HOME-- 0 - 20 BEDS 15
-- 21 - 50 BEDS 20
-- 51 - 100 BEDS 30
--101 BEDS AND ABOVE 50
NO FEE SHALL BE REQUIRED FOR THE ANNUAL LICENSE IN THE CASE
OF DAY CARE CENTERS, FAMILY [DAY] CHILD CARE HOMES, BOARDING
HOMES FOR CHILDREN OR FOR PUBLIC OR NONPROFIT MENTAL
INSTITUTIONS.
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SECTION 6. SECTION 1008 OF THE ACT IS AMENDED TO READ:
SECTION 1008. PROVISIONAL LICENSE.--(A) WHEN THERE HAS BEEN
SUBSTANTIAL BUT NOT COMPLETE COMPLIANCE WITH ALL THE APPLICABLE
STATUTES, ORDINANCES AND REGULATIONS AND WHEN THE APPLICANT HAS
TAKEN APPROPRIATE STEPS TO CORRECT DEFICIENCIES, THE DEPARTMENT
SHALL ISSUE A PROVISIONAL LICENSE [FOR A SPECIFIED PERIOD OF NOT
MORE THAN SIX MONTHS WHICH MAY BE RENEWED THREE TIMES. UPON FULL
COMPLIANCE, A REGULAR LICENSE SHALL BE ISSUED IMMEDIATELY].
(B) THE DEPARTMENT MAY ISSUE A PROVISIONAL LICENSE UNDER
THIS SECTION WHEN IT IS UNABLE TO ASSESS COMPLIANCE WITH ALL
STATUTES, ORDINANCES AND REGULATIONS BECAUSE THE FACILITY HAS
NOT YET BEGUN TO OPERATE.
(C) A PROVISIONAL LICENSE SHALL BE FOR A SPECIFIED PERIOD OF
NOT MORE THAN SIX MONTHS WHICH MAY BE RENEWED NO MORE THAN THREE
TIMES.
(D) UPON FULL COMPLIANCE BY THE FACILITY, THE DEPARTMENT
SHALL ISSUE A REGULAR LICENSE IMMEDIATELY.
SECTION 7. SUBARTICLE (C) OF ARTICLE X OF THE ACT IS
REPEALED:
[(C) REGISTRATION PROVISIONS
SECTION 1070. DEFINITIONS.--AS USED IN THIS ARTICLE.--
"CHILD DAY CARE" MEANS CARE IN LIEU OF PARENTAL CARE GIVEN
FOR PART OF THE TWENTY-FOUR HOUR DAY TO CHILDREN AWAY FROM THEIR
OWN HOMES.
"FAMILY DAY CARE HOME" MEANS ANY HOME IN WHICH CHILD DAY CARE
IS PROVIDED AT ANY ONE TIME TO FOUR THROUGH SIX CHILDREN WHO ARE
NOT RELATIVES OF THE CAREGIVER.
SECTION 1071. OPERATION WITHOUT REGISTRATION CERTIFICATE
PROHIBITED.--NO INDIVIDUAL SHALL OPERATE A FAMILY DAY CARE HOME
WITHOUT A REGISTRATION CERTIFICATE ISSUED THEREFOR BY THE
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DEPARTMENT.
SECTION 1072. APPLICATION FOR REGISTRATION CERTIFICATE
(A) ANY INDIVIDUAL DESIRING TO SECURE A REGISTRATION
CERTIFICATE SHALL SUBMIT AN APPLICATION THEREFOR TO THE
DEPARTMENT UPON FORMS PREPARED AND FURNISHED BY THE DEPARTMENT,
AND, AT THE SAME TIME, SHALL CERTIFY IN WRITING THAT HE/SHE AND
THE FACILITY NAMED IN THE APPLICATION ARE IN COMPLIANCE WITH
APPLICABLE DEPARTMENT REGULATIONS.
(B) APPLICATION FOR RENEWAL OF THE REGISTRATION CERTIFICATE
SHALL BE MADE EVERY TWO YEARS IN THE SAME MANNER AS APPLICATION
FOR THE ORIGINAL REGISTRATION CERTIFICATE.
(C) NO APPLICATION FEE SHALL BE REQUIRED TO REGISTER A
FAMILY DAY CARE HOME.
SECTION 1073. ISSUANCE OF REGISTRATION CERTIFICATE.--UPON
RECEIPT OF AN APPLICATION AND THE APPLICANT'S WRITTEN
CERTIFICATION OF COMPLIANCE WITH APPLICABLE DEPARTMENT
REGULATIONS, THE DEPARTMENT SHALL ISSUE A REGISTRATION
CERTIFICATE TO THE APPLICANT FOR THE PREMISES NAMED IN THE
APPLICATION. A REGISTRATION CERTIFICATE SHALL BE ISSUED FOR A
PERIOD OF TWO YEARS.
SECTION 1074. VISITATION AND INSPECTION.--THE DEPARTMENT OR
AUTHORIZED AGENT OF THE DEPARTMENT SHALL HAVE THE RIGHT TO
ENTER, VISIT AND INSPECT ON A RANDOM SAMPLE BASIS, UPON
COMPLAINT, OR UPON REQUEST OF THE CAREGIVER, ANY FAMILY DAY CARE
HOME REGISTERED OR REQUIRING REGISTRATION UNDER THIS ARTICLE AND
SHALL HAVE FREE AND FULL ACCESS TO THE PREMISES, WHERE CHILDREN
ARE CARED FOR, ALL RECORDS OF THE PREMISES WHICH RELATE TO THE
CHILDREN'S CARE, AND TO THE CHILDREN CARED FOR THEREIN AND FULL
OPPORTUNITY TO SPEAK WITH OR OBSERVE SUCH CHILDREN.
SECTION 1075. RECORDS.--EVERY INDIVIDUAL WHO OPERATES A
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FAMILY DAY CARE HOME REGISTERED UNDER THIS ARTICLE SHALL KEEP
AND MAINTAIN SUCH RECORDS AS REQUIRED BY THE DEPARTMENT.
SECTION 1076. REGULATIONS.--THE DEPARTMENT IS HEREBY
AUTHORIZED AND EMPOWERED TO ADOPT REGULATIONS ESTABLISHING
MINIMUM AND REASONABLE STANDARDS FOR THE OPERATION OF FAMILY DAY
CARE HOMES AND THE ISSUANCE OF REGISTRATION CERTIFICATES. THESE
REGULATIONS WILL ESTABLISH THE MINIMUM STANDARDS OF SAFETY AND
CARE WHICH WILL BE REQUIRED IN FAMILY DAY CARE HOMES AND WILL
RECOGNIZE THE VITAL ROLE WHICH PARENTS AND GUARDIANS PLAY IN
MONITORING THE CARE PROVIDED IN FAMILY DAY CARE HOMES.
SECTION 1077. TECHNICAL ASSISTANCE.--THE DEPARTMENT MAY
OFFER AND PROVIDE UPON REQUEST TECHNICAL ASSISTANCE TO
CAREGIVERS TO ASSIST THEM IN COMPLYING WITH DEPARTMENT
REGULATIONS.
SECTION 1078. OPERATION WITHOUT REGISTRATION CERTIFICATE.--
NO INDIVIDUAL SHALL OPERATE A FAMILY DAY CARE HOME WITHOUT
HAVING A REGISTRATION CERTIFICATE. ANY INDIVIDUAL OPERATING A
FAMILY DAY CARE HOME WITHOUT A REGISTRATION CERTIFICATE, AFTER
BEING NOTIFIED THAT SUCH A REGISTRATION IS REQUIRED, SHALL UPON
CONVICTION PAY A FINE OF NOT LESS THAN TWENTY DOLLARS ($20) NOR
MORE THAN ONE HUNDRED DOLLARS ($100) AND COSTS OF PROSECUTION.
EACH DAY OF OPERATING WITHOUT A REGISTRATION CERTIFICATE SHALL
CONSTITUTE A SEPARATE OFFENSE.
SECTION 1079. DENIAL, NONRENEWAL, OR REVOCATION
(A) WHENEVER A CAREGIVER DOES NOT CERTIFY COMPLIANCE OR
WHENEVER UPON INSPECTION THE DEPARTMENT OBSERVES NONCOMPLIANCE
WITH APPLICABLE DEPARTMENT REGULATIONS, THE DEPARTMENT SHALL
GIVE WRITTEN NOTICE THEREOF TO THE OFFENDING PERSON. SUCH NOTICE
SHALL DENY ISSUANCE OF A REGISTRATION CERTIFICATE, DENY RENEWAL
OF A REGISTRATION CERTIFICATE, OR SHALL REQUIRE THE OFFENDING
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PERSON TO TAKE ACTION TO BRING THE FACILITY INTO COMPLIANCE WITH
REGULATIONS.
(B) THE DEPARTMENT SHALL REFUSE TO ISSUE OR RENEW A
REGISTRATION CERTIFICATE OR SHALL REVOKE A REGISTRATION
CERTIFICATE FOR ANY OF THE FOLLOWING REASONS:
(1) NONCOMPLIANCE WITH DEPARTMENT REGULATIONS.
(2) FRAUD OR DECEIT IN THE SELF-CERTIFICATION PROCESS.
(3) LENDING, BORROWING, OR USING THE REGISTRATION
CERTIFICATE OF ANOTHER CAREGIVER, OR IN ANY WAY KNOWINGLY AIDING
THE IMPROPER ISSUANCE OF A REGISTRATION CERTIFICATE.
(4) GROSS INCOMPETENCE, NEGLIGENCE, OR MISCONDUCT IN
OPERATING THE FACILITY.
(5) MISTREATING OR ABUSING CHILDREN CARED FOR IN THE
FACILITY.
SECTION 1080. EMERGENCY CLOSURE.--IF THE DEPARTMENT, OR
AUTHORIZED AGENT OF THE DEPARTMENT OBSERVES A CONDITION AT A
FAMILY DAY CARE HOME WHICH PLACES THE CHILDREN CARED FOR THEREIN
IN IMMEDIATE LIFE-THREATENING DANGER, THE DEPARTMENT SHALL
MAINTAIN AN ACTION IN THE NAME OF THE COMMONWEALTH FOR AN
INJUNCTION OR OTHER PROCESS RESTRAINING OR PROHIBITING THE
OPERATION OF THE FACILITY.]
SECTION 8. SECTION 1302 OF THE ACT IS AMENDED BY ADDING
DEFINITIONS TO READ:
SECTION 1302. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"SIBLING." AN INDIVIDUAL WHO HAS AT LEAST ONE PARENT IN
COMMON WITH ANOTHER, WHETHER BY BLOOD, MARRIAGE OR ADOPTION,
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REGARDLESS OF WHETHER OR NOT THERE IS A TERMINATION OF PARENTAL
RIGHTS OR PARENTAL DEATH. THE TERM INCLUDES BIOLOGICAL,
ADOPTIVE, STEP AND HALF SIBLINGS.
* * *
"SUCCESSOR PERMANENT LEGAL CUSTODIAN." A RELATIVE OR KIN:
(1) WITH WHOM AN ELIGIBLE CHILD RESIDES FOR ANY PERIOD
OF TIME;
(2) WHO HAS BEEN NAMED AS A SUCCESSOR IN A PERMANENT
LEGAL CUSTODIANSHIP AGREEMENT EXECUTED BY AN ELIGIBLE CHILD'S
PREVIOUS ELIGIBLE PERMANENT LEGAL CUSTODIAN; AND
(3) WHO MEETS THE REQUIREMENTS FOR EMPLOYMENT IN CHILD-
CARE SERVICES AND APPROVAL AS A FOSTER OR ADOPTIVE PARENT
UNDER 23 PA.C.S. § 6344 (RELATING TO EMPLOYEES HAVING CONTACT
WITH CHILDREN; ADOPTIVE AND FOSTER PARENTS).
SECTION 9. SECTIONS 1303(A.1) INTRODUCTORY PARAGRAPH AND
1303.2(A) OF THE ACT, ADDED JUNE 30, 2012 (P.L.668, NO.80), ARE
AMENDED TO READ:
SECTION 1303. KINSHIP CARE PROGRAM.
* * *
(A.1) RELATIVE NOTIFICATION.--EXCEPT IN SITUATIONS OF FAMILY
OR DOMESTIC VIOLENCE, THE COUNTY AGENCY SHALL EXERCISE DUE
DILIGENCE TO IDENTIFY AND NOTIFY ALL GRANDPARENTS AND OTHER
ADULT RELATIVES TO THE FIFTH DEGREE OF CONSANGUINITY OR AFFINITY
TO THE PARENT OR STEPPARENT OF A DEPENDENT CHILD AND EACH PARENT
WHO HAS LEGAL CUSTODY OF A SIBLING OF A DEPENDENT CHILD WITHIN
30 DAYS OF THE CHILD'S REMOVAL FROM THE CHILD'S HOME WHEN
TEMPORARY LEGAL AND PHYSICAL CUSTODY HAS BEEN TRANSFERRED TO THE
COUNTY AGENCY. THE NOTICE MUST EXPLAIN ALL OF THE FOLLOWING:
* * *
SECTION 1303.2. PERMANENT LEGAL CUSTODIANSHIP SUBSIDY AND
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REIMBURSEMENT.
(A) AMOUNT.--THE AMOUNT OF PERMANENT LEGAL CUSTODIANSHIP
SUBSIDY FOR MAINTENANCE COSTS TO A PERMANENT LEGAL CUSTODIAN OR
A SUCCESSOR PERMANENT LEGAL CUSTODIAN SHALL NOT EXCEED THE
MONTHLY PAYMENT RATE FOR FOSTER FAMILY CARE IN THE COUNTY IN
WHICH THE CHILD RESIDES.
* * *
SECTION 10. THE APPLICATION, INSPECTION AND REGISTRATION
PROVISIONS UNDER 55 PA. CODE § 3290.11 ARE ABROGATED INSOFAR AS
THEY ARE INCONSISTENT WITH THIS ACT.
Section 2. This act shall take effect in 60 days.
SECTION 11. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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