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HOUSE AMENDED
PRIOR PRINTER'S NOS. 0611, 2156
PRINTER'S NO. 2189
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
613
Session of
2015
INTRODUCED BY VANCE, BAKER, MENSCH, AUMENT, HUTCHINSON, ARGALL,
BROOKS, STEFANO, GORDNER, TARTAGLIONE, RAFFERTY, WOZNIAK,
VULAKOVICH AND McGARRIGLE, MARCH 13, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 24, 2016
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 human services block
grant pilot program, further providing for definitions, for
establishment of human services block grant, for powers and
duties of the department and, for powers and duties of
counties, FOR ALLOCATION, FOR USE OF BLOCK GRANT FUNDS, FOR
APPLICABILITY OF OTHER STATUTES, FOR APPEALS, FOR LIMITATIONS
AND FOR CONSTRUCTION and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Article XIV-B OF the act of June
13, 1967 (P.L.31, No.21), known as the Public Welfare Code HUMAN
SERVICES CODE, added June 30, 2012 (P.L.668, No.80), is amended
to read:
Article XIV-B
Human Services Block Grant [Pilot] Program
Section 2. The definitions of "block grant" and "county-
based human services" in section 1401-B of the act, added June
30, 2012 (P.L.668, No.80), are amended to read:
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Section 1401-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:
"Block grant." The Human Services Block Grant [Pilot]
Program established in section 1402-B.
"County-based human services." Programs approved by the
Department of [Public Welfare] Human Services and provided by
county governments through direct or contracted services,
supportive services and service coordination. The term includes
services designed to meet service needs of the following:
(1) Individuals in need of behavioral health services.
(2) Individuals with intellectual disabilities.
(3) Individuals in need of drug and alcohol treatment
services.
(4) Individuals who are homeless or at immediate risk of
becoming homeless.
[(5) Dependent and delinquent children as defined in 42
Pa.C.S. ยง 6302 (relating to definitions).]
(6) Low-income adults eligible to receive services under
the act of October 5, 1994 (P.L.531, No.78), known as the
Human Services Development Fund Act.
(7) Older individuals as provided for under section
2206-A of the act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, and eligible to receive
services under the Human Services Development Fund Act.
* * *
Section 3. Sections 1402-B, 1403-B(b) and 1404-B(5) of the
act, added June 30, 2012 (P.L.668, No.80), are amended to read:
Section 1402-B. Establishment of Human Services Block Grant
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[Pilot] Program.
The following shall apply to the Human Services Block Grant
[Pilot] Program:
(1) The Human Services Block Grant [Pilot] Program is
established for the purpose of allocating block grant funds
to county governments to provide locally identified county-
based human services that will meet the service needs of
county residents. A county's request to participate in the
block grant shall be on a form and contain such information
as the department may prescribe.
(2) The department may approve a county's request based
on the county's plan to provide human services and integrate
its human service programs. A county with a history of
participation or application to participate in the block
grant shall have priority over a county which has not
previously applied for the block grant. The department shall
also consider diversity in representation of counties,
regarding such factors as:
(i) Geographic location.
(ii) Total population.
(iii) Urban, rural and suburban population.
(iv) Proximity to a large urban area.
(v) County class.
(vi) Form of county government.
(vii) Whether the county is part of a local
collaborative arrangement.
(viii) The county's human services administrative
structure.
(3) [No more than 30 counties may participate in the
block grant in any fiscal year.] A county's participation in
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the block grant is voluntary.
SECTION 3. SECTION 1402-B OF THE ACT, AMENDED JULY 9, 2013
(P.L.369, NO.55), IS AMENDED TO READ:
SECTION 1402-B. ESTABLISHMENT OF HUMAN SERVICES BLOCK GRANT
[PILOT] PROGRAM.
THE FOLLOWING SHALL APPLY TO THE HUMAN SERVICES BLOCK GRANT
[PILOT] PROGRAM:
(1) THE HUMAN SERVICES BLOCK GRANT [PILOT] PROGRAM IS
ESTABLISHED FOR THE PURPOSE OF ALLOCATING BLOCK GRANT FUNDS
TO COUNTY GOVERNMENTS TO PROVIDE LOCALLY IDENTIFIED COUNTY-
BASED HUMAN SERVICES THAT WILL MEET THE SERVICE NEEDS OF
COUNTY RESIDENTS. A COUNTY'S REQUEST TO PARTICIPATE IN THE
BLOCK GRANT SHALL BE ON A FORM AND CONTAIN SUCH INFORMATION
AS THE DEPARTMENT MAY PRESCRIBE. THE APPLICATION TO THE
DEPARTMENT SHALL BE ADOPTED BY A MAJORITY VOTE OF THE
GOVERNING BODY AND TRANSMITTED TO THE DEPARTMENT ACCOMPANIED
BY THE SIGNATURE OF THE CHAIR OF THE BOARD OF COMMISSIONERS
AND ATTESTED BY THE CHIEF CLERK OF THE COUNTY OR, IN THE CASE
OF A HOME RULE COUNTY, BY THE EQUIVALENT CONSISTENT WITH THE
PROVISIONS OF THE COUNTY CHARTER.
(2) THE DEPARTMENT MAY APPROVE A COUNTY'S REQUEST BASED
ON THE COUNTY'S PLAN TO PROVIDE HUMAN SERVICES AND INTEGRATE
ITS HUMAN SERVICE PROGRAMS. [A COUNTY WITH A HISTORY OF
PARTICIPATION OR APPLICATION TO PARTICIPATE IN THE BLOCK
GRANT SHALL HAVE PRIORITY OVER A COUNTY WHICH HAS NOT
PREVIOUSLY APPLIED FOR THE BLOCK GRANT. THE DEPARTMENT SHALL
ALSO CONSIDER DIVERSITY IN REPRESENTATION OF COUNTIES,
REGARDING SUCH FACTORS AS] THE DEPARTMENT SHALL CONSIDER SUCH
FACTORS AS:
[(I) GEOGRAPHIC LOCATION.
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(II) TOTAL POPULATION.
(III) URBAN, RURAL AND SUBURBAN POPULATION.
(IV) PROXIMITY TO A LARGE URBAN AREA.
(V) COUNTY CLASS.
(VI) FORM OF COUNTY GOVERNMENT.]
(VII) WHETHER THE COUNTY IS PART OF A LOCAL
COLLABORATIVE ARRANGEMENT.
[(VIII) THE COUNTY'S HUMAN SERVICES ADMINISTRATIVE
STRUCTURE.]
(IX) THE COUNTY'S HISTORY OF HUMAN SERVICES FISCAL
MANAGEMENT.
(X) THE COUNTY'S HISTORY OF COMPLIANCE WITH
STATUTORY AND REGULATORY REQUIREMENTS REGARDING THE
OPERATION OF ITS HUMAN SERVICES PROGRAMS.
(3) [NO MORE THAN 30 COUNTIES MAY PARTICIPATE IN THE
BLOCK GRANT IN ANY FISCAL YEAR.] A COUNTY'S PARTICIPATION IN
THE BLOCK GRANT IS VOLUNTARY.
SECTION 4. SECTION 1403-B(B) OF THE ACT, ADDED JUNE 30, 2012
(P.L.668, NO.80), IS AMENDED TO READ:
Section 1403-B. Powers and duties of the department.
* * *
(b) Administration of [pilot] program.--The department shall
have the power and duty to:
(1) Monitor county governments' administration of the
block grant to ensure compliance with applicable Federal and
State requirements.
(2) Allocate and disburse block grant funds to counties
on a quarterly basis in accordance with section 1405-B.
(3) Provide technical support and assistance to
counties.
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(4) Require counties to submit reports containing such
information pursuant to the implementation of this article
and in the form and by the deadline prescribed by the
department. THE DEPARTMENT SHALL ISSUE INSTRUCTIONS FOR THE
COMPLETION OF COUNTY REPORTS. THE INSTRUCTIONS SHALL BE
ISSUED NO LATER THAN AUGUST 31 OF EACH YEAR FOLLOWING THE
FISCAL YEAR FOR THE REPORT.
(5) Monitor, inspect or audit the financial, operating
and accounting records of any county agency or contracted
entity that receives any block grant funds if deemed
necessary by the department.
(6) Withhold, recover or reduce any block grant funds of
a county agency or contracted entity determined to have been
spent or disbursed in violation of Federal or State
requirements.
(6.1) WITHHOLD, RECOVER OR REDUCE BY NO MORE THAN 5% THE
ALLOCATION OF FUNDS UNDER THIS ARTICLE TO ANY COUNTY THAT
DOES NOT TIMELY FILE A COMPLETE PLAN OR REPORT UNDER SECTION
1404-B(4) AND (5). THE DEPARTMENT MAY WITHHOLD, RECOVER OR
REDUCE THE ALLOCATION OF FUNDS UNTIL A COMPLETE PLAN OR
REPORT IS SUBMITTED.
(6.2) REQUIRE SUBMISSION AND IMPLEMENTATION OF AN
ACCEPTABLE CORRECTIVE ACTION PLAN OR TERMINATE A COUNTY'S
PARTICIPATION IN THE HUMAN SERVICES BLOCK GRANT PROGRAM FOR A
VIOLATION OF THIS ARTICLE.
(7) Establish procedures for the annual submission,
review and approval process of county block grant plans for
the expenditure of block grant funds and the delivery of
county-based human services submitted under section 1404-
B(5). THE DEPARTMENT SHALL ISSUE INSTRUCTIONS FOR COUNTY
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BLOCK GRANT PLANS FOR THE NEXT FISCAL YEAR NO LATER THAN
MARCH 1 OF EACH YEAR. THE DEPARTMENT SHALL ALLOW COUNTIES TO
SUBMIT REVISED BLOCK GRANT PLANS FOLLOWING THE ENACTMENT OF
THE GENERAL APPROPRIATION ACT FOR THE CURRENT FISCAL YEAR.
The department shall not approve a county plan which proposes
the elimination of any of the following county-based human
services:
(i) Community-based mental health services.
(ii) Intellectual disability services.
[(iii) Child welfare services.]
(iv) Drug and alcohol treatment and prevention
services.
(v) Homeless assistance services.
(vi) Behavioral health services.
(7.1) REVIEW AND APPROVE OR DISAPPROVE A COUNTY'S
REQUEST TO REVISE ITS PLAN DURING THE FISCAL YEAR PURSUANT TO
SECTION 1404-B(5.2).
(7.2) CONSULT WITH A STATEWIDE ASSOCIATION REPRESENTING
COUNTIES TO SELECT THE DATA ELEMENTS AND OUTCOME MEASURES TO
BE INCLUDED IN COUNTY PLANS UNDER SECTION 1404-B(5) BEGINNING
WITH THE REPORT FOR FISCAL YEAR 2018-2019. THE DEPARTMENT AND
THE STATEWIDE ASSOCIATION SHALL REVIEW AND UPDATE THE DATA
ELEMENTS AND OUTCOME MEASURES AT LEAST EVERY FOUR YEARS.
(8) Prepare and submit by January 1, 2014, and by
[November 30] DECEMBER 15 each year thereafter, a report to
the chairman and minority chairman of the Public Health and
Welfare Committee of the Senate, the chairman and minority
chairman of the Appropriations Committee of the Senate, the
chairman and minority chairman of the Health Committee of the
House of Representatives, the chairman and minority chairman
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of the Human Services Committee of the House of
Representatives and the chairman and minority chairman of the
Appropriations Committee of the House of Representatives of
the expenditures of block grant funds by county governments
to include:
(i) The allocation levels.
(ii) The expenditure levels.
(iii) The number of individuals served by the human
services provided.
(III.1) THE EFFORTS BETWEEN COUNTIES, STAKEHOLDERS,
ASSOCIATIONS AND THE DEPARTMENT TO DETERMINE THE DATA
ELEMENTS AND OUTCOME MEASURES REQUIRED FOR PLANS UNDER
SECTION 1404-B(5).
(iv) Any other information deemed necessary by the
department, including any information which would
determine the effectiveness of the block grant.
(9) The annual report under paragraph (8) shall be made
available for public inspection and posted on the
department's publicly accessible Internet website.
(10) Promulgate regulations as may be necessary to carry
out this article.
(11) CONSULT WITH A STATEWIDE ASSOCIATION REPRESENTING
COUNTIES TO DEVELOP A METHOD TO INFORMALLY RESOLVE DISPUTES
UNDER PARAGRAPHS (6), (6.1) AND (6.2) OR A DISAPPROVAL OF A
PLAN UNDER PARAGRAPH (7).
SECTION 5. SECTION 1404-B(4), (5) AND (6) OF THE ACT,
AMENDED JULY 9, 2013 (P.L.369, NO.55), ARE AMENDED AND THE
SECTION IS AMENDED BY ADDING PARAGRAPHS TO READ:
Section 1404-B. Powers and duties of counties.
The local county officials of each county government
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participating in the block grant shall have the power and duty
to:
* * *
(4) SUBMIT REQUIRED REPORTS UNDER SECTION 1403-B(B)(4)
NO LATER THAN SEPTEMBER 30 OF EACH YEAR FOLLOWING THE FISCAL
YEAR OF THE REPORT.
(5) Submit to the department an annual Human Services
Block Grant [Pilot] Plan [to] FOR THE NEXT FISCAL YEAR NO
LATER THAN MAY 1 EACH YEAR. THE PLAN SHALL include the
intended delivery of county-based human services by client
population to be served, including a detailed description of
how the county intends to serve its residents in the least
restrictive setting appropriate to their needs and the
distribution and the projected expenditure level of block
grant funds by county-based human services allocated under
this article in such form and containing such information as
the department may require. Prior to submitting the annual
Human Services Block Grant [Pilot] Plan to the department,
the county shall hold at least two public hearings on the
plan under 65 Pa.C.S. Ch. 7 (relating to open meetings),
which shall include an opportunity for individuals and
families who receive services to testify about the plan.
PRIOR TO SUBMITTING ITS PLAN TO THE DEPARTMENT, A COUNTY
SHALL PROVIDE THE PLAN TO ITS HUMAN SERVICES ADVISORY BOARDS
FOR THEIR REVIEW AND COMMENT.
(5.1) FOLLOW AND IMPLEMENT THE PLAN SUBMITTED PURSUANT
TO PARAGRAPH (5).
(5.2) DURING THE FISCAL YEAR, SUBMIT TO THE DEPARTMENT
FOR PRIOR APPROVAL ANY CHANGE IN EXPENDITURE LEVEL OF A
COUNTY-BASED HUMAN SERVICE LISTED UNDER SECTION 1403-B(7.1)
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1403-B(7) OF 10% OR MORE FROM THE PLAN SUBMITTED PURSUANT TO
PARAGRAPH (5).
* * *
(6) SUBMIT TO THE DEPARTMENT A WRITTEN NOTICE IF A
COUNTY INTENDS TO OPT OUT OF THE BLOCK GRANT. SUCH OPT OUT
SHALL BE SUBMITTED AT LEAST 30 DAYS PRIOR TO THE END OF THE
STATE FISCAL YEAR AND TAKE EFFECT AT THE BEGINNING OF THE
NEXT STATE FISCAL YEAR.
SECTION 6. SECTIONS 1405-B(A) AND 1406-B(B) OF THE ACT,
AMENDED JULY 9, 2013 (P.L.369, NO.55), ARE AMENDED TO READ:
SECTION 1405-B. ALLOCATION.
(A) ALLOCATION.--THE DEPARTMENT SHALL ALLOCATE STATE BLOCK
GRANT FUNDS TO COUNTIES AS FOLLOWS:
(1) THE DEPARTMENT SHALL ALLOCATE STATE BLOCK GRANT
FUNDS ACCORDING TO EACH COUNTY'S PROPORTIONAL SHARE OF THE
AGGREGATE AMOUNT OF THE FOLLOWING STATE FUNDS ALLOCATED FOR
[FISCAL YEAR 2011-2012] THE PREVIOUS FISCAL YEAR:
(I) FUNDS ALLOCATED TO COUNTIES UNDER THE ACT OF
OCTOBER 5, 1994 (P.L.531, NO.78), KNOWN AS THE HUMAN
SERVICES DEVELOPMENT FUND ACT.
(II) FUNDS ALLOCATED TO COUNTIES FOR MENTAL HEALTH
AND INTELLECTUAL DISABILITY SERVICES UNDER THE ACT OF
OCTOBER 20, 1966 (3RD SP.SESS., P.L.96, NO.6), KNOWN AS
THE MENTAL HEALTH AND INTELLECTUAL DISABILITY ACT OF
1966.
(III) FUNDS ALLOCATED TO COUNTIES FOR BEHAVIORAL
HEALTH SERVICES.
(IV) FUNDS ALLOCATED TO COUNTIES FOR DRUG AND
ALCOHOL SERVICES UNDER SECTION 2334 OF THE ACT OF APRIL
9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
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CODE OF 1929.
(V) FUNDS ALLOCATED TO COUNTIES FOR THE PROVISION OF
SERVICES TO THE HOMELESS.
[(VI) FUNDS ALLOCATED TO COUNTY CHILD WELFARE
AGENCIES AS CERTAIN ADDITIONAL GRANTS UNDER SECTION
704.1(B).]
(2) THE DEPARTMENT SHALL ALLOCATE FEDERAL BLOCK GRANT
FUNDS TO COUNTIES ACCORDING TO EACH COUNTY'S [FISCAL YEAR
2011-2012] PREVIOUS FISCAL YEAR PROPORTIONAL SHARE OF EACH
FEDERAL APPROPRIATION ASSOCIATED WITH THE FUNDS IDENTIFIED IN
PARAGRAPH (1).
(3) FUNDS IDENTIFIED IN PARAGRAPHS (1) AND (2) THAT WERE
ALLOCATED TO COUNTY LOCAL COLLABORATIVE ARRANGEMENTS SHALL BE
ALLOCATED TO INDIVIDUAL COUNTIES BASED ON THE INDIVIDUAL
COUNTY POPULATION.
(4) THE DEPARTMENT MAY REVISE THE ALLOCATION OF FEDERAL
FUNDS IDENTIFIED IN PARAGRAPH (2) AS NECESSARY TO COMPLY WITH
APPLICABLE FEDERAL REQUIREMENTS.
* * *
SECTION 1406-B. USE OF BLOCK GRANT FUNDS.
* * *
(B) REINVESTMENT.--A COUNTY PARTICIPATING IN THE BLOCK GRANT
MAY SUBMIT TO THE DEPARTMENT A WRITTEN PLAN TO REINVEST UP TO
[3%] 5% OF ITS BLOCK GRANT ALLOCATION FOR ANY STATE FISCAL YEAR
TO BE EXPENDED ON COUNTY-BASED HUMAN SERVICES IN THE NEXT STATE
FISCAL YEAR. [THE 3% LIMITATION MAY BE WAIVED BY THE DEPARTMENT
UPON A SHOWING BY THE COUNTY THAT IT HAS A SPECIFIC AND DETAILED
PLAN TO REINVEST THE FUNDS TO EXPAND ACCESS TO HUMAN SERVICES
BASED ON LOCAL NEED AND THAT ADEQUATE AND AVAILABLE HUMAN
SERVICES WILL REMAIN AVAILABLE IN THE COUNTY. A REQUEST FOR A
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WAIVER UNDER THIS SUBSECTION SHALL INCLUDE ALL OF THE FOLLOWING:
(1) THE SPECIFIC AMOUNT OF FUNDS THE COUNTY SEEKS TO
REINVEST.
(2) AN EXPLANATION WHY THE FUNDS WERE NOT EXPENDED FOR
HUMAN SERVICES DURING THE FISCAL YEAR.
(3) AN EXPLANATION HOW THE REINVESTMENT WILL SUPPORT THE
PLAN SUBMITTED UNDER SECTION 1404-B(5).
(4) THE PROJECTED TIME PERIOD FOR EXPENDITURE OF THE
FUNDS.]
* * *
SECTION 7. SECTIONS 1407-B, 1408-B, 1409-B AND 1410-B OF THE
ACT, ADDED JUNE 30, 2012 (P.L.668, NO.80), ARE AMENDED TO READ:
SECTION 1407-B. APPLICABILITY OF OTHER STATUTES.
(A) DEPARTMENT.--THE DEPARTMENT'S ALLOCATION OF BLOCK GRANT
FUNDS TO COUNTIES PARTICIPATING IN THE BLOCK GRANT UNDER THIS
ARTICLE SHALL FULLY DISCHARGE ITS RESPONSIBILITIES AND
LIABILITIES WITH RESPECT TO THOSE COUNTIES UNDER[:
(1) SECTION 704.1(B).
(2) SECTIONS] SECTIONS 201(1) AND (7), 503, 509, 510 AND
511 OF THE ACT OF OCTOBER 20, 1966 (3RD SP.SESS., P.L.96,
NO.6), KNOWN AS THE MENTAL HEALTH AND INTELLECTUAL DISABILITY
ACT OF 1966.
(B) COUNTY.--
(1) EXCEPT AS SPECIFIED IN PARAGRAPH (2), EACH COUNTY'S
PROVISION OF COUNTY-BASED HUMAN SERVICES THROUGH THE
EXPENDITURE OF BLOCK GRANT FUNDS, IN COMBINATION WITH
REQUIRED LOCAL MATCHING FUNDS, SHALL FULLY DISCHARGE THE
COUNTY'S RESPONSIBILITIES AND LIABILITIES TO PROVIDE OR FUND
COUNTY-BASED HUMAN SERVICES UNDER:
[(I) SECTION 704.1(B).]
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(II) SECTIONS 301(D), 503, 509, 510 AND 511 OF THE
ACT OF OCTOBER 20, 1966 (3RD SP.SESS., P.L.96, NO.6),
KNOWN AS THE MENTAL HEALTH AND MENTAL INTELLECTUAL
DISABILITY ACT OF 1966.
(III) SECTION 401 OF THE ACT OF JUNE 24, 1937
(P.L.2017, NO.396), KNOWN AS THE COUNTY INSTITUTION
DISTRICT LAW.
(2) THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT THE
OBLIGATION OF ANY COUNTY TO PROVIDE FUNDS FOR CARE IN ANY
COUNTY NURSING HOME UNDER SECTION 443.1 OR 472, CARE IN ANY
STATE INSTITUTION AS DEFINED BY SECTION 901, MEDICAL
ASSISTANCE FOR INMATES PURSUANT TO SECTION 441.1 OR ARTICLE
XIV-A OR MENTAL HEALTH OR INTELLECTUAL DISABILITY SERVICES
PROVIDED BY THE DEPARTMENT UNDER SECTION 505(B) OR 508(C) OF
THE MENTAL HEALTH AND INTELLECTUAL DISABILITY ACT OF 1966.
(C) ALLOCATIONS.--THIS ARTICLE SHALL NOT BE CONSTRUED TO
PROHIBIT THE DEPARTMENT FROM MAKING SPECIFIC GRANTS OR
ALLOCATIONS OF FUNDS IDENTIFIED IN SECTION 1405-B(A)(1) TO
COUNTIES FOR SPECIFIC HUMAN SERVICES IN ADDITION TO THEIR
ALLOCATIONS OF BLOCK GRANT FUNDS UNDER THIS ARTICLE.
SECTION 1408-B. APPEALS.
A COUNTY AGENCY OR CONTRACTED ENTITY AGGRIEVED BY A
DEPARTMENT DETERMINATION MADE UNDER SECTION 1403-B(B)(6), (6.1)
OR (6.2) OR A DISAPPROVAL OF A PLAN UNDER SECTION 1403-B(B)(7)
MAY FILE A REQUEST FOR A REVIEW WITH THE DEPARTMENT'S BUREAU OF
HEARINGS AND APPEALS, WHICH SHALL HAVE EXCLUSIVE JURISDICTION IN
SUCH MATTERS. THE PROCEDURES AND REQUIREMENTS OF 2 PA.C.S. CH. 5
SUBCH. A (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH
AGENCIES) AND 1 PA. CODE PT. II (RELATING TO GENERAL RULES OF
ADMINISTRATIVE PRACTICE AND PROCEDURE) SHALL APPLY TO REQUESTS
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FOR REVIEW FILED UNDER THIS SECTION, EXCEPT THAT IN A REQUEST
FOR A REVIEW, THE COUNTY AGENCY OR CONTRACTED ENTITY MAY NOT
CHALLENGE THE BLOCK GRANT FUNDS ALLOCATION UNDER SECTION 1405-B.
SECTION 1409-B. LIMITATIONS.
(A) CALCULATION OF STATE APPROPRIATION.--NO FUNDS ALLOCATED
FOR THE BLOCK GRANT MAY BE CONSIDERED AS PART OF THE BASE FOR
THE CALCULATION OF ANY STATE APPROPRIATION FOR ANY FISCAL YEAR,
INCLUDING THE COUNTY CHILD WELFARE NEEDS-BASED BUDGET.
(B) NON-STATE MATCH.--NO FUNDS ALLOCATED FOR THE BLOCK GRANT
MAY BE USED AS THE NON-STATE MATCH FOR OTHER STATE FUNDS,
PROGRAMS OR GRANTS.
[(C) OTHER REIMBURSEMENT.--NO FUNDS ALLOCATED TO THE BLOCK
GRANT MAY BE USED FOR SERVICES REIMBURSABLE PURSUANT TO SECTION
704.1(A) IN EXCESS OF A COUNTY'S MINIMUM EXPENDITURE FOR CHILD
WELFARE SERVICES REQUIRED UNDER SECTION 1405-B(B) UNTIL THE
COUNTY HAS EXHAUSTED ITS ALLOCATION OF STATE FUNDS PURSUANT TO
SECTION 709.3 FOR THE STATE FISCAL YEAR. THIS PROVISION EXCLUDES
CONGREGATE CARE AND INSTITUTIONAL PLACEMENTS FOR DEPENDENT AND
DELINQUENT CHILDREN WHICH ARE NOT REIMBURSABLE WITH BLOCK GRANT
FUNDS.
(D) CERTAIN RESIDENTIAL SERVICE.--NO FUNDS ALLOCATED TO THE
BLOCK GRANT MAY BE USED FOR RESIDENTIAL SERVICE FOR DEPENDENT OR
DELINQUENT CHILDREN OTHER THAN FOSTER CARE.]
SECTION 1410-B. CONSTRUCTION.
(A) FEDERAL MONEYS.--THIS ARTICLE SHALL BE CONSTRUED SO AS
TO MAINTAIN AND NOT DECREASE OR LIMIT THE ELIGIBILITY OF ANY
PERSON OR FACILITY OR THE COMMONWEALTH OR ANY POLITICAL
SUBDIVISION OF THE COMMONWEALTH TO RECEIVE ANY FEDERAL
ASSISTANCE, GRANT OR FUNDS.
(B) AVAILABILITY OF SERVICES.--NOTHING IN THIS ARTICLE
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CREATES OR PROVIDES AN INDIVIDUAL WITH AN ENTITLEMENT TO
SERVICES OR BENEFITS. SERVICES UNDER THIS ARTICLE SHALL ONLY BE
AVAILABLE FROM COUNTY GOVERNMENTS TO THE EXTENT THAT FUNDS ARE
APPROPRIATED.
[(C) COUNTY CHILD WELFARE SERVICES.--THIS ARTICLE APPLIES
NOTWITHSTANDING THE PROVISIONS OF ARTICLE VII.]
Section 4 8. This act shall take effect in 60 days. AS
FOLLOWS:
(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
IMMEDIATELY:
(I) THIS SECTION.
(II) THE ADDITION OF SECTION 1403-B(B)(7.2) OF THE
ACT.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JULY 1,
2017, OR IMMEDIATELY, WHICHEVER IS LATER.
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