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PRINTER'S NO. 1988
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1350
Session of
2015
INTRODUCED BY MOUL, BISHOP, PICKETT, A. HARRIS, READSHAW, MURT,
KORTZ AND WATSON, JUNE 29, 2015
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JUNE 29, 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," providing for family
conferencing.
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 an article to
read:
ARTICLE XIII-B
FAMILY CONFERENCING
Section 1301-B. Scope of article.
This article relates to family conferencing.
Section 1302-B. 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:
"Accept for service." Decide on the basis of the needs and
problems of an individual to admit or receive the individual as
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a client of the county agency or as required by a court order
entered under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).
"Child." As defined in section 1302.
"Children and youth social services." Public child welfare
services, including those activities or services designed to:
(1) Prevent neglect, abuse and exploitation and help
overcome problems that result in dependency and delinquency.
(2) Provide services which protect children from
continued harm to families in their own homes.
(3) Provide temporary, substitute care in foster family
homes or residential child care facilities for a child in
need of care.
(4) Reunite children and their families if children are
placed in temporary substitute care.
(5) Provide a permanent, legally assured family for
children in temporary, substitute care who cannot be returned
to their homes.
(6) Provide court-ordered care or supervision to alleged
or adjudicated dependent or delinquent children.
"County agency." As defined in section 1302.
"Family." A child's parents, stepparents, relatives and kin.
"Family conferencing." A child welfare practice where a
child's family, in consultation with a county agency or its
designee, develops a plan to address concerns for the child's
safety, permanency and well-being through meetings sponsored by
a county agency or its designee.
"Kin." As defined in section 1302.
"Relative." As defined in section 1302.
"Service plan." A written plan for a family receiving
children and youth social services that is developed in
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accordance with department regulations.
Section 1303-B. Offer of family conferencing.
(a) General rule.--Within five years of the effective date
of this article, a county agency shall offer all children and
families who are accepted for service an opportunity to engage
in family conferencing. Family conferencing shall be offered at
key decision points that impact the development or revision of
service plans for the child and the family. Family conferencing
shall be offered until the child and the family's involvement
with the county agency is terminated.
(b) Exceptions.--The county agency is not required to offer
family conferencing in the following situations:
(1) The child has been adjudicated dependent under 42
Pa.C.S. Ch. 63 (relating to juvenile matters) and the court
has made a specific determination that family conferencing is
not best suited to the safety, protection and physical,
mental and moral welfare of the child or is a threat to the
safety of the child or another family member.
(2) The child is not under the jurisdiction of the court
and the county agency has determined that continued family
conferencing is a threat to the safety of the child or
another family member. A determination that continued family
conferencing is a threat to the safety of the child or
another family member must be based on credible information
about a specific safety threat, and the county agency shall
document the reasons for its determination.
(3) The child is in a preadoptive placement, and court
proceedings to adopt the child have been commenced under 23
Pa.C.S. Pt. III (relating to adoption).
Section 1304-B. Preparing for the family conference.
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The county agency's responsibilities when preparing for the
family conference shall include, but are not limited to:
(1) Consulting with the child and the child's parents or
legal guardian to determine who the parents or legal guardian
wants to invite to attend the family conference.
(2) Allowing the child and the child's siblings to
participate in the family conference in a manner appropriate
to age and maturity.
(3) Preparing the family and child to safely participate
in the family conference. This preparation includes, but is
not limited to:
(i) Identifying services available to assist the
family with addressing concerns identified by the county
agency or the court.
(ii) Informing the family about the purpose and the
goal of the family conference and the identified services
available to assist them with addressing the concerns for
the child.
(4) Equally promoting maternal and paternal family
involvement in the family conference.
(5) Consulting relevant service providers.
(6) Consulting and engaging the child's guardian ad
litem and the parent's attorney, if applicable.
Section 1305-B. Family responsibilities.
The family shall be responsible for the development of a
plan, which shall be incorporated into the service plan . The
plan shall address the concerns of safety, permanency and well-
being within the family as well as other concerns which have
been identified by the county agency or the court regarding the
child.
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Section 1306-B. Family discussion.
The family conference shall include a discussion by the
family about the available resources within the family, the
community and the county agency. The family shall be responsible
for determining which resources to utilize to address the
concerns of safety, permanency and well-being identified by the
county agency or the court. The family shall determine whether
or not to hold this discussion in private. However, if the child
is under the jurisdiction of the court, the court may require
that the discussion be held in private by the family.
Section 1307-B. Plan requirements.
In order for a plan to take effect, it must be approved by
the county agency. If the child is under the jurisdiction of the
court, the plan must be submitted to the court for approval. If
a family is unable to develop an approved plan through the
family conference, the county agency shall determine other means
to engage the family and the child, if appropriate, in the
development of a plan that addresses the concerns of safety,
permanency and well-being identified by the county agency or the
court. The county agency shall support the implementation of the
plan and attempt to ensure that the implementation of the plan
resolves the safety, permanency and well-being concerns
identified by the county agency or the court. Reasonable efforts
to engage the child's family in decisions regarding the child's
safety, permanency or well-being shall be made by the county
agency on an ongoing basis until the child's involvement with
the county agency is terminated.
Section 1308-B. Implementation of family conferencing.
The department shall require county agencies to gradually
implement family conferencing so that county agencies are
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prepared to comply with this article as follows:
(1) Within three years of the effective date of this
article, a county agency shall offer an opportunity to engage
in family conferencing to all children and families where the
child has been placed outside the home.
(2) Within five years of the effective date of this
article, a county agency shall offer an opportunity to engage
in family conferencing to all children and families who are
accepted for service.
Section 1309-B. Regulations.
Within one year of the effective date of this article, the
department shall promulgate regulations necessary to carry out
the provisions of this article.
Section 2. This act shall take effect in 60 days.
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