Regular Session 2015-2016 Senate Bill 0613 P.N. 2189

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. § 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.

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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