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SENATE AMENDED
PRIOR PRINTER'S NO. 2836
PRINTER'S NO. 3507
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2426
Session of
2022
INTRODUCED BY HICKERNELL, DELOZIER, BERNSTINE, FEE, HENNESSEY,
MENTZER AND MILLARD, MARCH 16, 2022
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, SEPTEMBER 21, 2022
AN ACT
Amending Title 67 (Public Welfare) of the Pennsylvania
Consolidated Statutes, providing for resource families;
making editorial changes; and making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Part IV of Title 67 of the
Pennsylvania Consolidated Statutes is amended to read:
PART IV
[MISCELLANEOUS PROVISIONS]
CHILDREN, YOUTH AND FAMILIES
Section 2. Title 67 is amended by adding chapters to read:
CHAPTER 71
GENERAL PROVISIONS
Sec.
7101. Definitions.
§ 7101. Definitions.
The following words and phrases when used in this part shall
have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"County agency." The county children and youth social
service agency established in accordance with section 405 of the
act of June 24, 1937 (P.L.2017, No.396), known as the County
Institution District Law, or its successor, and supervised by
the department under Article IX of the act of June 13, 1967
(P.L.31, No.21), known as the Human Services Code.
"Resource parent." An adult who is licensed by the
department to provide foster care, including kinship care, to a
child who is determined to be in need of out-of-home placement.
"RESOURCE FAMILY." A RESOURCE FAMILY AS DEFINED IN 23
PA.C.S. § 6303 (RELATING TO DEFINITIONS).
CHAPTER 73
RESOURCE FAMILIES
Sec.
7301. Responsibilities of county and private agencies.
7302. Retaliation prohibited.
7303. Resource family adoption interview.
7304. Regulations.
§ 7301. Responsibilities of county and private agencies.
The county agency or a private agency that provides foster
care services through a contract with a county agency shall
provide a resource parent FAMILY with all of the following:
(1) The opportunity to be heard regarding agency
decisions affecting a child in the custody of the resource
parent PLACED WITH A RESOURCE FAMILY .
(2) Support services that are appropriate and consistent
with the child's and resource parent's needs and the child's
approved permanency plan.
(2) SUPPORT SERVICES AS ASSESSED TO MEET THE NEEDS OF
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THE CHILD AND RESOURCE FAMILY.
(3) Complete and timely responses to inquiries regarding
the role of the resource parent FAMILY or the care of the
child.
(4) Information about the child's medical history,
general behavior, relationship with the child's parents,
educational history, life experiences and previous and
prospective placements.
(5) Consultation in the development of the child's
permanency plan.
(6) Consultation in and prior notice of a decision to
release the resource parent's FAMILY'S address to the child's
parent or other family members.
(7) Assistance with the coordination of services for the
resource parent FAMILY or members of the resource parent's
FAMILY'S immediate family that may be deemed ARE ASSESSED AS
necessary due to emotional disturbance resulting from removal
of the child from the resource parent's FAMILY'S home,
provided that the removal is not due to the resource parent
FAMILY having created or permitted circumstances that
constituted a threat to the child's health or safety.
(8) Written notice of all agency policies and procedures
relating to the role of the resource parent FAMILY .
(9) Appropriate training to enhance the skills and
performance of the resource parent FAMILY and maximize the
opportunity for successful placements.
(10) Information on how to reach agency personnel for
emergencies on a 24-hour basis.
(11) Confidentiality regarding allegations of abuse
involving the resource parent FAMILY or member of the
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resource parent's FAMILY'S family to the extent consistent
with the safety of the child and other members of the
resource parent's FAMILY'S household.
(12) Prompt written notice of any change to the child's
permanency plan.
(13) A copy of the provisions of this chapter.
§ 7302. Retaliation prohibited.
No agency shall discharge, threaten or otherwise discriminate
or retaliate against a resource parent FAMILY for an appropriate
inquiry regarding decisions or practices affecting the child or
for any appropriate communication pursuant to the provisions of
42 Pa.C.S. Ch. 63 (relating to juvenile matters).
§ 7303 . Resource family adoption interview.
(a) Interview.--The agency that placed the child shall
interview the resource parent FAMILY as a potential adoptive
parent FAMILY when:
(1) the resource parent FAMILY has expressed interest in
adopting the child;
(2) the child has resided with the resource parent
FAMILY for six months or longer; and
(3) the child's primary or concurrent permanency goal is
adoption; or
(4) the child has been in out-of-home placement for at
least 15 of the preceding 22 months.
(b) Resource family parent interview.--If the interviewing
agency is not the agency responsible for making a recommendation
to the court as to adoptive placement of the child, the
interviewing agency shall share all information obtained from
the interview under subsection (a) with the agency responsible
for making the recommendation.
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(c) Consideration of more than one adoptive resource.--If
more than one adoptive resource is available, the agency
responsible for making a recommendation to the court as to
adoptive placement of the child shall document the reasons for
the agency's recommendation in the child's case record and, upon
request, shall provide that information to the resource parent
FAMILY .
§ 7304. Regulations.
The department shall promulgate regulations as necessary to
ensure compliance with this chapter.
Section 3. Repeals are as follows:
(1) The General Assembly declares that the repeals under
paragraphs (2) and (3) are necessary to effectuate the
addition of 67 Pa.C.S. Ch. 71 67 PA.C.S. CHS. 71 AND 73.
(2) The act of November 16, 2005 (P.L.376, No.68), known
as the Resource Family and Adoption Process Act, is repealed.
(3) The act of November 22, 2005 (P.L.404, No.73), known
as the Resource Family Care Act, is repealed.
SECTION 4. THE ADDITION OF 67 PA.C.S. CHS. 71 AND 73 IS A
CONTINUATION OF THE ACT OF NOVEMBER 16, 2005 (P.L.376, NO.68),
KNOWN AS THE RESOURCE FAMILY AND ADOPTION PROCESS ACT, AND THE
ACT OF NOVEMBER 22, 2005 (P.L.404, NO.73), KNOWN AS THE RESOURCE
FAMILY CARE ACT. THE FOLLOWING APPLY:
(1) EXCEPT AS OTHERWISE PROVIDED IN 67 PA.C.S. CHS. 71
AND 73, ALL ACTIVITIES INITIATED UNDER THE RESOURCE FAMILY
AND ADOPTION PROCESS ACT AND THE RESOURCE FAMILY CARE ACT
SHALL CONTINUE AND REMAIN IN FULL FORCE AND EFFECT AND MAY BE
COMPLETED UNDER 67 PA.C.S. CHS. 71 AND 73. ORDERS,
REGULATIONS, RULES AND DECISIONS WHICH WERE MADE UNDER THE
RESOURCE FAMILY AND ADOPTION PROCESS ACT AND THE RESOURCE
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FAMILY CARE ACT AND WHICH ARE IN EFFECT ON THE EFFECTIVE DATE
OF THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL
REVOKED, VACATED OR MODIFIED UNDER 67 PA.C.S. CHS. 71 AND 73.
CONTRACTS, OBLIGATIONS AND COLLECTIVE BARGAINING AGREEMENTS
ENTERED INTO UNDER THE RESOURCE FAMILY AND ADOPTION PROCESS
ACT AND THE RESOURCE FAMILY CARE ACT ARE NOT AFFECTED NOR
IMPAIRED BY THE REPEAL OF THE RESOURCE FAMILY AND ADOPTION
PROCESS ACT AND THE RESOURCE FAMILY CARE ACT.
(2) ANY DIFFERENCE IN LANGUAGE BETWEEN 67 PA.C.S. CHS.
71 AND 73 AND THE RESOURCE FAMILY AND ADOPTION PROCESS ACT
AND THE RESOURCE FAMILY CARE ACT IS INTENDED ONLY TO CONFORM
TO THE STYLE OF THE PENNSYLVANIA CONSOLIDATED STATUTES AND IS
NOT INTENDED TO CHANGE OR AFFECT THE LEGISLATIVE INTENT,
JUDICIAL CONSTRUCTION OR ADMINISTRATION AND IMPLEMENTATION OF
THE RESOURCE FAMILY AND ADOPTION PROCESS ACT AND THE RESOURCE
FAMILY CARE ACT.
Section 4 5. This act shall take effect in 60 days.
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