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PRIOR PRINTER'S NO. 2118
PRINTER'S NO. 2954
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1866
Session of
2021
INTRODUCED BY BOBACK, HILL-EVANS, GUENST, McNEILL, HELM, MOUL
AND WHEELAND, SEPTEMBER 15, 2021
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 11, 2022
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 67
(Public Welfare) of the Pennsylvania Consolidated Statutes,
in juvenile matters, further providing for disposition of
dependent child; and, in family finding and kinship care,
further providing for legislative intent, for definitions,
for family finding required and for discontinuance of family
finding and providing for permanency plan, for transition
plan and services and for data collection to improve
permanency outcomes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6351(f)(8) and (8.2) and (f.1)(5)(i),
(ii) and (iv) of Title 42 of the Pennsylvania Consolidated
Statutes are amended to read:
ยง 6351. Disposition of dependent child.
* * *
(f) Matters to be determined at permanency hearing.--At each
permanency hearing, a court shall determine all of the
following:
* * *
(8) The services needed to assist a child who is 14
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years of age or older to make the transition to successful
adulthood[.] and whether the services are being provided as
required under 67 Pa.C.S. ยง 3104.2 (relating to transition
plan and services).
* * *
(8.2) [That a] If the child is 18 years of age or older,
whether a suitable transition plan has been presented in
accordance with section 475 of the Social Security Act (49
Stat. 620, 42 U.S.C. ยง 675(5)(H)) and 67 Pa.C.S. ยง 3104.2.
* * *
(f.1) Additional determination.--Based upon the
determinations made under subsection (f) and all relevant
evidence presented at the hearing, the court shall determine one
of the following:
* * *
(5) If and when the child will be placed in another
planned permanent living arrangement which is approved by the
court, the following shall apply:
(i) The child must be [16] 18 years of age or older.
(ii) The county agency shall identify at least [one
significant connection with a supportive adult] two
significant connections with supportive adults willing to
be involved in the child's life as the child transitions
to adulthood, or document that efforts have been made to
identify [a supportive adult] supportive adults.
* * *
(iv) The court shall:
(A) Ask the child about the desired permanency
goal for the child.
(B) Make a judicial determination explaining
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why, as of the date of the hearing, another planned
permanent living arrangement is the best permanency
plan for the child.
(C) Provide compelling reasons why it continues
not to be in the best interests of the child to
return to the child's parent, guardian or custodian,
be placed for adoption, be placed with a legal
custodian or be placed with a fit and willing
relative.
(D) Make findings that the significant
[connection is] CONNECTIONS ARE identified in the
permanency plan or that efforts have been made to
identify [a supportive adult] AT LEAST TWO
CONNECTIONS WITH SUPPORTIVE ADULTS, if no one is
currently identified.
(E) Identify the specific planned permanent
living arrangement that the court is approving.
* * *
Section 2. Section 3101 of Title 67 is amended to read:
ยง 3101. Legislative intent.
This chapter is intended to ensure that family finding occurs
on an ongoing basis for all children entering the child welfare
system[. This chapter is also intended], to promote the use of
kinship care when it is necessary to remove a child from the
child's home [in an effort to:
(1) Identify and build positive connections between the
child and the child's relatives and kin.
(2) Support the engagement of relatives and kin in
children and youth social service planning and delivery.
(3) Create a network of extended family support to
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assist in remedying the concerns that led the child to be
involved with the county agency.] and to ensure that each
child leaving foster care at 18 years of age or older is
prepared for the transition to successful adulthood.
Section 3. Section 3102 of Title 67 is amended by adding
definitions to read: THE DEFINITION OF "FAMILY FINDING" IN
SECTION 3102 OF TITLE 67 IS AMENDED AND THE SECTION IS AMENDED
BY ADDING DEFINITIONS TO READ:
ยง 3102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"FAMILY FINDING." [ONGOING DILIGENT EFFORTS BETWEEN A COUNTY
AGENCY, OR ITS CONTRACTED PROVIDERS, AND RELATIVES AND KIN TO:
(1) SEARCH FOR AND IDENTIFY ADULT RELATIVES AND KIN AND
ENGAGE THEM IN CHILDREN AND YOUTH SOCIAL SERVICE PLANNING AND
DELIVERY.
(2) GAIN COMMITMENT FROM RELATIVES AND KIN TO SUPPORT A
CHILD OR PARENT RECEIVING CHILDREN AND YOUTH SOCIAL
SERVICES.] THE ONGOING PROCESS OF IDENTIFYING AND ENGAGING
EXTENDED FAMILY MEMBERS AND ADULTS WHO HAVE OR COULD HAVE
SIGNIFICANT, POSITIVE CONNECTIONS WITH A CHILD OR FAMILY THAT
HAS BEEN ACCEPTED FOR SERVICES IN ORDER TO:
(1) BUILD A NETWORK OF SUPPORT FOR THE CHILD AND THE
CHILD'S FAMILY.
(2) PROMOTE POSITIVE, LONG-TERM CONNECTIONS FOR THE
CHILD.
(3) INCLUDE RELATIVES AND KIN IN SOCIAL SERVICE PLANNING
AND DELIVERY.
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(4) WHEN NECESSARY, IDENTIFY A SAFE AND FAMILIAR
PLACEMENT FOR THE CHILD.
* * *
"Permanency plan." A comprehensive plan for a child in out-
of-home placement that is intended to result in a permanent home
and family relationships for the child.
* * *
"Transition plan." A comprehensive plan for leaving foster
care or another out-of-home placement and successfully
transitioning to independent adulthood.
Section 4. Sections 3103 and 3104 of Title 67 are amended to
read:
ยง 3103. Family finding required.
(a) General rule.--Family finding shall be [conducted for a
child when the] commenced within 30 days from when a child is
accepted for service and at least annually thereafter until the
child's involvement with the county agency is terminated or the
family finding is discontinued in accordance with [section 3104
(relating to discontinuance of family finding)] SUBSECTION (B).
(b) Discontinuation of family finding.--A county agency may
discontinue family finding for a child only under the following
circumstances:
(1) The child has been adjudicated dependent pursuant to
42 Pa.C.S. Ch. 63 (relating to juvenile matters) and a court
has made a specific determination that continued family
finding no longer serves the best interests of the child or
is a threat to the child's safety.
(2) The child is not under the jurisdiction of a court
and the county agency has determined that continued family
finding is a threat to the child's safety. A determination
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that continued family finding is a threat to the child's
safety must be based on credible information about a specific
safety threat, and the county agency shall document the
reasons for the county agency's determination.
(3) The child is in a preadoptive placement, and court
proceedings to adopt the child have been commenced pursuant
to 23 Pa.C.S. Pt. III (relating to adoption).
(c) Resumption of family finding.--Notwithstanding the
provisions of subsection (a) (B) , a county agency shall resume
family finding for a child if:
(1) the child is under the jurisdiction of a court and
the court determines that resuming family finding is best
suited to the safety, protection and physical, mental and
moral welfare of the child and does not pose a threat to the
child's safety; or
(2) the child is not under the jurisdiction of a court
and the county agency determines that resuming family finding
serves the best interests of the child and does not pose a
threat to the child's safety.
(d) Documentation.--The following family finding information
shall be documented in the child's case plan:
(1) The technology and processes used to identify and
engage relatives and kin.
(2) The names of relatives and kin that were identified.
(3) The names of relatives and kin that were contacted.
(4) The child's input and involvement in family finding
efforts.
(5) The manner and extent to which identified relatives
or kin were included in the child's case plan.
(6) If applicable, the reasons for discontinuation of
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family finding.
[ยง 3104. Discontinuance of family finding.
(a) General rule.--A county agency may discontinue family
finding for a child under the following circumstances:
(1) The child has been adjudicated dependent pursuant to
42 Pa.C.S. Ch. 63 (relating to juvenile matters) and a court
has made a specific determination that continued family
finding no longer serves the best interests of the child or
is a threat to the child's safety.
(2) The child is not under the jurisdiction of a court
and the county agency has determined that continued family
finding is a threat to the child's safety. A determination
that continued family finding is a threat to the child's
safety must be based on credible information about a specific
safety threat, and the county agency shall document the
reasons for the county agency's determination.
(3) The child is in a preadoptive placement, and court
proceedings to adopt the child have been commenced pursuant
to 23 Pa.C.S. Pt. III (relating to adoption).
(b) Resuming family finding.--Notwithstanding the provisions
of subsection (a), a county agency shall resume family finding
for a child if:
(1) the child is under the jurisdiction of a court and
the court determines that resuming family finding is best
suited to the safety, protection and physical, mental and
moral welfare of the child and does not pose a threat to the
child's safety; or
(2) the child is not under the jurisdiction of a court and
the county agency determines that resuming family finding serves
the best interests of the child and does not pose a threat to
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the child's safety.]
Section 5. Title 67 is amended by adding sections to read:
ยง 3104.1. Permanency plan.
(a) Permanency plan.--When a child is subject to an order
transferring legal custody under 42 Pa.C.S. ยง 6351(a)(2)
(relating to disposition of dependent child), the county shall
develop a permanency plan, provide, on a continuous basis,
services to support the successful effectuation of the
permanency plan and document in the child's case plan the
services provided. A child 14 years of age or older shall have
the opportunity to participate in the development of the
permanency plan.
(b) Permanency services.--The county agency shall, on an
ongoing basis, provide services to:
(1) Identify potential permanent placements for the
child, including primary and secondary placement options.
(2) Prepare the child cognitively and emotionally for
placement in accordance with the child's identified
permanency goal.
(3) Maintain and strengthen sibling connections through
joint placement or facilitation of visitation and other means
of communication.
(4) Maintain and strengthen other identified supportive
connections.
ยง 3104.2. Transition plan and services.
(a) Transition services required.--If a child is subject to
an order transferring legal custody under 42 Pa.C.S. ยง 6351(a)
(2) (relating to disposition of dependent child), the county
shall:
(1) Beginning when the child is 14 years of age, provide
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age and developmentally appropriate services to help the
child plan and prepare for eventual adulthood.
(2) Beginning no less than 90 days SIX MONTHS before the
child will become 18 years of age, develop a transition plan
in collaboration with the child and, at the child's election,
other supportive adults.
(3) Prior to termination of court jurisdiction of a
child 18 years of age or older, provide the child with all
relevant documents, which may include, but are not limited
to, the child's birth certificate or proof of legal
residency , SOCIAL SECURITY CARD , driver's license or State
identification card, health insurance card and diploma or
general educational development certificate.
(4) Prior to termination of court jurisdiction, provide
the child with a copy of the transition plan.
(b) Transition plan.--A transition plan shall include:
(1) Identification of or detailed options for a suitable
place of intended residence.
(2) A list, with contact information, of supportive
adults and family members.
(3) Identification of local opportunities for
mentorships and continuing social support.
(4) A plan or detailed options for employment, job
training or continuing education.
(5) Documentation of the child's possession of relevant
documents or, if the child does not have possession of the
documents, an explanation of the reasons why the child does
not have the documents and detailed instructions on how the
child may obtain the documents.
(c) Transition document retention.--The county shall
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document the child's transition plan in the child's case plan
and shall retain electronic copies of the transition plan and
all relevant documents for no less than five years after
termination of court jurisdiction.
ยง 3108. Data collection to improve permanency outcomes.
The county agency shall submit to the department the
following data for a child 18 years of age or older at the time
the court terminates jurisdiction over the child:
(1) Age.
(2) Gender.
(3) Race.
(4) Permanency goal.
(5) Whether permanency goal was achieved.
(6) Whether the child requested resumption of
jurisdiction.
(7) Whether the court granted resumption of
jurisdiction.
(8) The number of placements in the prior year.
(9) Whether the child had an identified place of
intended residence.
(10) Whether the child had income through employment.
(11) Whether the child had income through a public
benefit.
(12) Whether the child had at least two identified
supportive adult connections.
(13) Whether the child had contact with siblings.
(14) Whether the child had contact with biological
parents.
(15) Whether the child graduated from high school.
(16) Whether the child received a general educational
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development certification.
(17) Whether the child was a parent or expectant parent.
(18) Whether the child was enrolled in a program of
postsecondary education or training.
(19) Whether the child had completed at least two years
in a program of postsecondary education or training.
(20) Whether the child was enrolled in Medicaid.
(21) Whether the child was given a physical copy of a
transition plan.
(22) Whether the child had possession of a birth
certificate, Social Security card, State identification card
or driver's license, health insurance card and, if not born
in the United States, proof of valid immigration status.
Section 6. This act shall take effect in 60 days.
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