Regular Session 2021-2022 House Bill 2913 P.N. 3622

PRINTER'S NO. 3622

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2913

Session of

2022

INTRODUCED BY DeLISSIO, KINSEY, BOBACK, HANBIDGE, MADDEN, HILL-

EVANS, GUENST, T. DAVIS, HOWARD, SANCHEZ, SAPPEY, CIRESI,

HOHENSTEIN AND DELLOSO, NOVEMBER 2, 2022

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, NOVEMBER 2, 2022

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; providing for judicial administration; and

prescribing the manner in which the number and compensation

of the deputies and all other assistants and employes of

certain departments, boards and commissions shall be

determined," establishing the Office of Child Advocate within

the Department of Health; appointing the Child Advocate; and

providing for their powers and duties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of April 9, 1929 (P.L.177, No.175), known

as The Administrative Code of 1929, is amended by adding an

article to read:

ARTICLE V-C

OFFICE OF CHILD ADVOCATE

Section 501-C. 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:

"Child Advocate." The Child Advocate appointed in accordance

with this article.

"Child health, safety and welfare programs." The term

includes services and programs designed to:

(1) Prevent neglect, abuse and exploitation of children

and encourage reporting of suspected child abuse under 23

Pa.C.S. Ch. 63 (relating to child protective services).

(2) Provide temporary, substitute care in foster family

homes or residential child care facilities for a child in

need of the care under Article VII of the act of June 13,

1967 (P.L.31, No.21), known as the Human Services Code, and

67 Pa.C.S. Chs. 21 (relating to adoption opportunities) and

31 (relating to family finding and kinship care).

(3) Provide court-ordered care or supervision to alleged

or adjudicated dependent or delinquent children under 42

Pa.C.S. Ch. 63 (relating to juvenile matters).

(4) Provide mental health care, substance use disorder

care and childhood trauma and trauma-informed care.

(5) Provide early intervention under the act of December

19, 1990 (P.L.1372, No.212), known as the Early Intervention

Services System Act.

(6) Perform child fatality and near fatality review

under 23 Pa.C.S. Ch. 63 (relating to child protective

services).

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"County agency." The county children and youth social

service agency exercising the powers and duties provided for in

section 405 of the act of June 24, 1937 (P.L.2017, No.396),

known as the County Institution District Law, and supervised by

the Department of Human Services under Article IX of the Human

Services Code.

"Department." The Department of Health of the Commonwealth.

"Executive agency." As defined in section 102 of the act of

October 15, 1980 (P.L.950, No.164), known as the Commonwealth

Attorneys Act.

"Executive Board." The Executive Board of the Commonwealth

established under section 204 .

"Facility." A residential facility for children licensed by

the department.

"Local government." A county, county institution district,

city, borough, incorporated town, township or any similar,

general or limited purpose unit of local government or unit

created by joint action of two or more local government units

authorized to be created by law.

"Office." The Office of Child Advocate established by this

article.

Section 502-C. Office of Child Advocate.

(a) Establishment.--The Office of Child Advocate is

established within the department. Except as otherwise provided

in this article, the office shall be subject to this act.

(b) Appointment.--Within 90 days of the effective date of

this section, the Governor shall appoint a Child Advocate. The

Child Advocate shall be selected on the basis of integrity,

capability for strong leadership and demonstrated ability in

public administration, child advocacy and public policy issues

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impacting children. The Child Advocate shall serve a term of six

years and until a successor is appointed. The Child Advocate may

be reappointed for additional terms.

compensation for the Child Advocate.

(d) Limitation.--The Child Advocate may not seek election

nor accept appointment to a political office during tenure as

the Child Advocate and for one year thereafter.

Section 503-C. Powers and duties.

(a) Specific duties.--The Child Advocate shall:

(1) Serve as a dedicated advocate for children by

supporting and enhancing child health, safety and welfare

programs. The Child Advocate, or the advocate's authorized

designee, may conduct unannounced and announced visits to a

facility. During the visits, the Child Advocate or the

advocate's authorized designee may interview staff and

residents of the facility. The Child Advocate shall provide

written notification to the Department of Human Services of

the unannounced and announced visit within 24 hours after the

visit.

(2) Serve as a resource to connect children and families

with child health, safety and welfare programs.

(3) Represent the health, safety and welfare interest of

children before the General Assembly.

(4) Receive and review complaints from the public,

including receiving complaints from minors, relating to child

health, safety and welfare program processes or procedures

and, in the Child Advocate's discretion, make

recommendations, referrals, or both, to the appropriate

executive agency concerning the complaints.

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(5) Review and evaluate the effectiveness and efficiency

of existing child health, safety and welfare programs

complaint processes and make recommendations for the

improvement of the processes.

(6) Notwithstanding any other provision of law,

participate as a member of a child fatality or near fatality

review team under 23 Pa.C.S. § 6365 (relating to services for

prevention, investigation and treatment of child abuse). The

Child Advocate may authorize a designee to participate in a

child fatality or near fatality review team.

(7) Coordinate educational, informational and other

programs for public awareness and education concerning child

maltreatment and the role of the community in strengthening

families and keeping children safe.

(8) Promote best practices and effective programs

relating to child health, safety and welfare programs and

work collaboratively with executive agencies and county

agencies, when appropriate, regarding improvement of child

health, safety and welfare programs.

(9) Consult with executive agencies and make

recommendations on regulations, licensure, financing or other

responsibilities of the agencies to improve the safety of and

promote better outcomes for children and families receiving

services in child health, safety and welfare programs in this

Commonwealth.

(10) Request, access and review information, records or

documents necessary for carrying out the powers and duties

enumerated in this article from an executive agency or local

government under section 505-C.

(b) Relationship to Department of Human Services and county

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agency powers and duties.--The powers and duties of the Child

Advocate under subsection (a) do not supplant, supersede or

otherwise affect the powers, duties and responsibilities of the

Department of Human Services or a county agency.

construed to prohibit the Department of Human Services, a county

agency or the Child Advocate from working in collaboration with

each other.

Section 504-C. Organization of office.

(a) Staff.--The Child Advocate shall employ staff as may be

necessary to carry out the purposes of this article. Positions

of the office shall be placed under the unclassified service

provisions of 71 Pa.C.S. Pt. III (relating to civil service

reform).

(b) Assistance from department.--Upon request of the Child

Advocate, the department shall make available facilities,

administrative support and other assistance to the office.

appointed in accordance with the act of October 15, 1980

(P.L.950, No.164), known as the Commonwealth Attorneys Act.

Section 505-C. Access to information.

(a) Access.--Notwithstanding any other provision of law,

upon request of the Child Advocate, an executive agency or local

government shall furnish information, records or documents under

a child health, safety and welfare program to the Child

Advocate, or an authorized designee as follows:

(1) Information, records and documents generally. An

executive agency or local government shall furnish existing

information, records or documents in its possession, custody

or control within 10 days of the request. Nothing in this

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article shall be construed to require an executive agency or

local government to create a record that does not currently

exist.

(2) Child protective services reports. Access under this

section includes access to child protective services reports

specified under 23 Pa.C.S. § 6339 (relating to

confidentiality of reports). An executive agency or local

government shall furnish a child protective services report

to the Child Advocate within 10 days of the Child Advocate's

request.

(b) Immunity.--Notwithstanding any other provision of law,

no person providing requested materials under this section may

be found, by reason of having provided the materials specified

in subsection (a), to have violated any criminal law, or to be

civilly liable under any law, unless the materials are false and

the person providing the materials knew or had reason to believe

that the materials were false and was motivated by malice toward

a person directly affected by the action.

Section 506-C. Confidentiality.

(a) General rule.--Confidential, privileged or protected

information, records or documents provided to the office under

section 505-C:

(1) Shall remain confidential, privileged and protected.

(2) Shall not be discoverable or admissible as evidence

in an action or proceeding.

(3) Shall not be accessible for inspection and

duplication in accordance with the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law.

(b) Immunity not applicable.--Information, records or

documents that would otherwise be available from original

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sources may not be construed as immune from discovery or use in

an action or proceeding merely because they were presented to

the office.

Section 507-C. Annual report.

Beginning June 30, 2023, and each June 30 thereafter, the

office shall issue an annual report to the General Assembly. The

annual report shall be posted on the office's publicly

accessible Internet website and include, at a minimum, the

following:

(1) A summary regarding the type of matters handled by

the office during the year.

(2) Recommendations concerning legislative amendments to

improve the safety of and promote better outcomes for

children and families receiving services in child health,

safety and welfare programs in this Commonwealth.

Section 2. This act shall take effect immediately.

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