SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY QUIGLEY, AUMENT, BAKER, BARRAR, BENNINGHOFF, BOBACK, BOYD, CAUSER, CHRISTIANA, CLYMER, D. COSTA, COX, CREIGHTON, CUTLER, ELLIS, EVERETT, GABLER, GEIST, GILLEN, GINGRICH, GOODMAN, GRELL, GROVE, HARHART, HARPER, HARRIS, HEFFLEY, HESS, HICKERNELL, KAUFFMAN, M. K. KELLER, KNOWLES, KRIEGER, MAJOR, MARSHALL, MARSICO, MASSER, METCALFE, METZGAR, MILLER, MILNE, MOUL, MURT, MUSTIO, O'NEILL, PERRY, PETRI, PICKETT, PYLE, QUINN, READSHAW, REED, REICHLEY, ROAE, ROCK, SAYLOR, SCAVELLO, SCHRODER, STEVENSON, SWANGER, TALLMAN, TOOHIL, VEREB, VULAKOVICH, ADOLPH, FARRY, DELOZIER, MALONEY, RAPP, KORTZ, STEPHENS, BURNS, CALTAGIRONE, GILLESPIE AND BEAR, APRIL 1, 2011

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 29, 2012   

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 public assistance,

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further providing for definitions and for determination of

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eligibility in general powers and duties of the Department of

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Public Welfare, providing for county human services

consolidated planning and reporting; in public assistance,

further providing for definitions, providing for cessation of

the general assistance cash program and the continuation of

the general assistance-related medical assistance programs,

further providing for establishment of RESET, for

determination of eligibility, for failure to comply with

employment and work-related activity requirements and for

medically needy and determination of eligibility; in children

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and youth, further providing for definitions; and in Nursing

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Facility Assessments, further providing for time periods; in

kinship care, further providing for definitions and for

Kinship Care Program, providing for Subsidized Permanent

Legal Custodianship Program and for permanent legal

custodianship subsidy and reimbursement; Providing for Human

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Services Block Grant Pilot Program; and making related

repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 402 of the act of June 13, 1967 (P.L.31,

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No.21), known as the Public Welfare Code, is amended by adding

definitions to read:

Section 402.  Definitions.--As used in this article, unless

the content clearly indicates otherwise:

"Applicant" means an individual who applies for assistance

under this article.

* * *

"Recipient" means an individual who receives assistance under

this article.

* * *

"Residence" means permanent legal residence.

* * *

Section 2.  Section 432.2(b) and (c) of the act, amended or

added July 15, 1976 (P.L.993, No.202) and April 8, 1982

(P.L.231, No.75), are amended to read:

Section 432.2.  Determination of Eligibility.--* * *

(b)  As a condition of eligibility for assistance, all

applicants and recipients of assistance shall cooperate with the

department in providing and verifying information necessary for

the department to determine initial or continued eligibility in

accordance with the provisions of this act. An individual

applying for assistance shall complete an application containing

such information required to establish eligibility and amount of

grant. The application shall include, but not be limited to, the

following information:

(1)  Names of all persons to receive aid;

(2)  Birth dates of all persons to receive aid;

(3)  Social security numbers of all persons to receive aid,

or proof of application for such social security number;

(4)  Place of residence for all persons to receive aid;

(5)  The names of any legally responsible relative living

in the home;

(6)  Any income or resources as defined in this act or in

regulations promulgated pursuant to this act.

The department shall provide assistance as needed to complete

the application and shall insure that all applicants or

recipients have or promptly obtain a social security number. The

department shall determine all elements of eligibility based

upon the circumstances as exist at the applicant's place of

residence prior to awarding assistance.

(c)  The department shall determine all elements of

eligibility periodically based upon the circumstances as exist

at the recipient's place of residence and in accordance with the

provisions of this section: Provided, however, That such

determination shall not be less frequent than every six months.

The department shall require the completion of a continuing

application form at the time of redetermination recertifying the

information required by subsection (b) and the provisions of

section 432.15 shall be applicable to this subsection.

* * *

Section 1.  Section 432.2(b) of the act of June 13, 1967

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(P.L.31, No.21), known as the Public Welfare Code, amended June

30, 2011 (P.L.89, No.22), is amended to read:

Section 1.  The act of June 13, 1967 (P.L.31, No.21), known

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as the Public Welfare Code, is amended by adding a section to

read:

Section 205.1.  County Human Services Consolidated Planning

and Reporting.--(a)  The department shall develop a uniform,

consolidated process for counties to submit plans and reports

regarding all of the following:

(1)  Funds allocated to counties under the act of October 5,

1994 (P.L.531, No.78), known as the Human Services Development

Fund Act.

(2)  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.

(3)  Funds allocated to counties for behavioral health

services.

(4)  Funds allocated to counties for drug and alcohol

addiction treatment services under section 2334 of the act of

April 9, 1929 (P.L.177, No.175), known as The Administrative

Code of 1929.

(5)  Funds allocated to counties for the provision of

services to the homeless.

(6)  Funds allocated to county child welfare agencies as

additional grants under section 704.1(b).

(b)  Counties shall submit plans and reports in a form,

containing such information, and by such deadline as the

department may prescribe. The plans and reports shall include at

least all of the following:

(1)  Delivery of county-based human services by client

population served, including a detailed description of how each

county intends to use the funds identified in subsection (a) to

provide services to its residents in the least restrictive

setting appropriate to their needs.

(2)  The distribution and projected expenditure level of the

funds identified in subsection (a), including block grant funds

for those counties participating in the Human Services Block

Grant Pilot Program pursuant to Article XIV-B.

(3)  Public hearings by counties under 65 Pa.C.S. Ch. 7

(relating to open meetings), including the opportunity for

individuals and their families receiving human services to

testify about the county plan.

Section 2.  Section 402 introductory paragraph and the

definition of "general assistance" in section 402 of the act,

amended May 16, 1996 (P.L.175, No.35), are amended and the

section is amended by adding a definition to read:

Section 402.  Definitions.--As used in this article, unless

the [content] context clearly indicates otherwise:

* * *

["General assistance" means assistance granted under the

provisions of section 432(3) of this act.]

"General assistance-related categorically needy medical

assistance" means medical assistance for persons who meet the

requirements under section 432(3).

* * *

Section 3.  The act is amended by adding a section to read:

Section 403.2.  General Assistance-Related Categorically

Needy and Medically Needy Only Medical Assistance Programs.--(a)

Subject to subsection (b) and notwithstanding any other

provision of law, the general assistance cash assistance program

shall cease August 1, 2012.

(b)  The general assistance-related categorically needy

medical assistance program shall continue, including, but not

limited to, the eligibility and work and work-related

requirements under this article. The general assistance-related

medical assistance program for the medically needy only shall

continue.

Section 4.  Section 405.1(a.2)(3) of the act, amended May 16,

1996 (P.L.175, No.35), is amended to read:

Section 405.1.  Establishment of RESET.--* * *

(a.2)  In accordance with RESET, the following requirements

shall apply:

* * *

(3)  [A nonexempt applicant's initial work-related activity

shall be to conduct an independent job search for a period not

to exceed eight weeks. A person who is on the effective date of

this subsection a nonexempt recipient shall be required to

conduct an independent job search within eight weeks of the

recipient's next redetermination of eligibility. The applicant

or recipient must document such efforts and present the

documentation to the appropriate county assistance office upon

request. Failure to comply with the requirements of this section

shall result in the imposition of the sanctions set forth in

section 432.3.] As a condition of eligibility, an applicant

shall apply for at least three positions of unsubsidized

employment each week, unless the applicant establishes good

cause for failure to comply. An applicant shall continue to

apply for unsubsidized employment until paid employment of at

least twenty hours per week is secured. The applicant shall

verify compliance with these requirements in the manner and form

prescribed by the department.

* * *

Section 5.  Section 432.2(b) of the act, amended June 30,

2011 (P.L.89, No.22), is amended to read:

Section 432.2.  Determination of Eligibility.--* * *

(b)  As a condition of eligibility for assistance, all

applicants and recipients of assistance shall cooperate with the

department in providing and verifying information necessary for

the department to determine initial or continued eligibility in

accordance with the provisions of this act. An individual

applying for assistance shall complete an application containing

such information required to establish eligibility and amount of

grant. The application shall include, but not be limited to, the

following information:

(1)  Names of all persons to receive aid;

(2)  Birth dates of all persons to receive aid;

(3)  Social security numbers of all persons to receive aid,

or proof of application for such social security number;

(4)  Place of residence for all persons to receive aid;

(5)  The names of any legally responsible relative living

in the home;

(6)  Any income or resources as defined in this act or in

regulations promulgated pursuant to this act.

The department shall provide assistance as needed to complete

the application and shall [insure] ensure that all applicants or

recipients have or promptly obtain a social security number. The

department shall determine all elements of eligibility based

upon the circumstances that exist at the applicant's or

recipient's place of residence prior to awarding assistance.

* * *

Section 6.  Sections 432.3(a) and 442.1(a)(3) of the act,

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amended May 16, 1996 (P.L.175, No.35), are amended to read:

Section 432.3.  Failure to Comply with Employment and Work-

Related Activity Requirements.--(a)  [An applicant or] A 

recipient who is not exempt from participation in the employment

or work-related activity requirements set forth in section

405.1(a.2) and who without good cause: (i) voluntarily

terminates employment or reduces earnings; (ii) fails to apply

for work at such time and in such manner as the department may

prescribe; or (iii) fails or refuses to accept referral to and

participate in a work-related activity, or refuses to accept

referral to and work in and retain employment in which the

[applicant or] recipient is able to engage, provided such

employment conforms to the standards established for a bona fide

offer of employment, shall be disqualified from receiving

assistance as follows:

(1)  [A] For the first violation, a minimum of thirty days

[for the first violation] and continuing thereafter until such

time as [he or she is willing to comply] the recipient has

demonstrated and maintained compliance for at least a one-week

period with the requirements of section 405.1[; a minimum of

sixty days for]. After the recipient has been disqualified for

ninety days, the entire assistance group shall be disqualified

until the recipient has demonstrated and maintained compliance

for at least a one-week period with the requirements of section

405.1.

(2)  For the second violation, a minimum of sixty days and

continuing thereafter until such time as [he or she is willing

to comply] the recipient has demonstrated and maintained

compliance for at least a one-week period with the requirements

of section 405.1[; and permanently for a third violation]. After

the recipient has been disqualified for sixty days, the entire

assistance group shall be disqualified until the recipient has

demonstrated and maintained compliance for at least a one-week

period with the requirements of section 405.1.

[(2)  If the reason for the disqualification occurs during

the first twenty-four months that cash assistance is received,

whether those months are consecutive or interrupted, only the

individual is disqualified. If the reason for the

disqualification occurs after the individual has received

assistance for more than twenty-four months, whether those

months are consecutive or interrupted, the disqualification is

imposed on the entire assistance group.]

(3)  For the third violation, the entire assistance group

shall be permanently disqualified.

* * *

Section 442.1.  The Medically Needy; Determination of

Eligibility.--(a)  A person shall be considered medically needy

if that person meets the requirements of clauses (1), (2) and

(3):

* * *

(3)  Complies with [either] subclause [(i) or] (ii):

[(i)  Receives general assistance in the form of cash.]

(ii)  Is not eligible for cash assistance but is:

(A)  a child under twenty-one years of age;

(B)  a custodial parent of a dependent child under twenty-one

years of age[;] who verifies employment of at least one hundred

hours per month earning at least the minimum wage;

(C)  a person fifty-nine years of age or older;

(D)  a refugee for whom Federal financial participation is

available;

(E)  a pregnant woman;

(F)  a person with a disability who is receiving Social

Security disability benefits, who has been referred to the

Social Security Administration for a determination of

eligibility for Supplemental Security Income or who is under

review for a disability by the department based upon Social

Security disability criteria; or

(G)  a person who verifies employment of at least one hundred

hours per month earning at least the minimum wage.

* * *

Section 2 7.  The definition of "child" in section 772 of the

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act, added December 30, 1974 (P.L.1039, No.339), is amended to

read:

Section 772.  Definitions.--As used in this subdivision:

* * *

"Child" means an individual who:

(1)  is under the age of eighteen years[.]; or

(2)  is under the age of twenty-one years and who attained

thirteen years of age before the adoption assistance agreement

became effective and who is:

(i)  completing secondary education or an equivalent

credential;

(ii)  enrolled in an institution which provides postsecondary

or vocational education;

(iii)  participating in a program actively designed to

promote or remove barriers to employment;

(iv)  employed for at least eighty hours per month; or

(v)  incapable of doing any of the activities described in

subclause (i), (ii), (iii) or (iv) due to a medical or

behavioral health condition, which is supported by regularly

updated information in the permanency plan of the child.

* * *

Section 8.  Section 815-A of the act, amended June 30, 2007

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(P.L.49, No.16), is amended to read:

Section 815-A.  Time periods.--The assessment authorized in

this article shall not be imposed prior to July 1, 2003, or

after June 30, [2012] 2016.

Section 3 9.  Section 1302 of the act, added September 30,

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2003 (P.L.169, No.25), is amended to read:

Section 1302.  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."  An individual who:

(1)  is under 18 years of age; or

(2)  is under 21 years of age and who attained 13 years

of age before the subsidized permanent legal custodianship

agreement became effective and who is:

(i)  completing secondary education or an equivalent

credential;

(ii)  enrolled in an institution which provides

postsecondary or vocational education;

(iii)  participating in a program actively designed

to promote or remove barriers to employment;

(iv)  employed for at least 80 hours per month; or

(v)  incapable of doing any of the activities

described in subparagraph (i), (ii), (iii) or (iv) due to

a medical or behavioral health condition, which is

supported by regularly updated information in the

permanency plan of the child.

"County agency."  The county children and youth social

service agency exercising the power 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, or its successor, and

supervised by the department under Article IX.

"Eligible child."  A child who:

(1)  has a court-ordered disposition of placement with a

permanent legal custodian pursuant to 42 Pa.C.S. § 6351(a)

(2.1) (relating to disposition of dependent child);

(2)  has lived with an eligible permanent legal custodian

for at least six months, which need not be consecutive; and

(3)  is a citizen or an alien lawfully residing in this

Commonwealth.

"Eligible permanent legal custodian."  A relative or kin:

(1)  whose home is approved pursuant to applicable

regulations for placement of foster children;

(2)  with whom an eligible child has resided for at least

six months, which need not be consecutive; and

(3)  who meets the requirements for employment in child-

care services pursuant to 23 Pa.C.S. § 6344 (relating to

information relating to prospective child-care personnel).

"Foster parent."  An individual approved by a public or

private foster family care agency to provide foster family care

services to a child who is temporarily separated from the

child's legal family and placed in the legal custody of an

agency.

"Kin."  An individual 21 years of age or older who is one of

the following:

(1)  A godparent of the child as recognized by an

organized church.

(2)  A member of the child's tribe, nation or tribal

organization.

(3)  An individual with a significant, positive

relationship with the child or family.

"Permanent legal custodian."  A person to whom legal custody

of the child has been given by order of a court pursuant to 42

Pa.C.S. § 6351(a)(2.1) (relating to disposition of dependent

child).

"Relative."  An individual who is:

(1)  Related within the [third] fifth degree of

consanguinity or affinity to the parent or stepparent of a

child.

(2)  At least 21 years of age.

"Subsidized permanent legal custodianship."  A court-ordered

disposition of a dependent child pursuant to 42 Pa.C.S. §

6351(a)(2.1) (relating to disposition of dependent child) for

which the child's permanent legal custodian receives a monetary

payment from the county agency pursuant to a subsidized

permanent legal custodianship agreement.

"Subsidized permanent legal custodianship agreement."  A

written agreement signed by the director of the county agency,

or a designee, and a permanent legal custodian, that sets forth

the terms and subsidy payments for a subsidized permanent legal

custodianship.

Section 4 10.  Section 1303(b) of the act, added September

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30, 2003 (P.L.169, No.25), is amended and the section is amended

by adding a subsection to read:

Section 1303.  Kinship Care Program.

* * *

(a.1)  Relative notification.--Except in situations of family

or domestic violence, the county agency shall exercise due

diligence to identify and notify all grandparents and other

adult relatives to the fifth degree of consanguinity or affinity

to the parent or stepparent of a dependent child within 30 days

of the child's removal from the child's home when temporary

legal and physical custody has been transferred to the county

agency. The notice must explain all of the following:

(1)  Any options under Federal and State law available to

the relative to participate in the care and placement of the

child, including any options that would be lost by failing to

respond to the notice.

(2)  The requirements to become a foster parent,

permanent legal custodian or adoptive parent.

(3)  The additional supports that are available for

children removed from the child's home.

(b)  Placement of children.--If a child has been removed from

the child's home under a voluntary placement agreement or is in

the legal custody of the county agency, the county agency shall

give first consideration to placement with relatives or kin. The

county agency shall document that an attempt was made to place

the child with a relative or kin. If the child is not placed

with a relative or kin, the agency shall document the reason why

such placement was not possible.

* * *

Section 5 11.  The act is amended by adding sections to read:

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Section 1303.1.  Subsidized Permanent Legal Custodianship

Program.

(a)  Establishment of program.--The Subsidized Permanent

Legal Custodianship Program is established in the department.

(b)  Implementation.--The department shall establish and

develop criteria and promulgate necessary regulations for county

agencies to implement the Subsidized Permanent Legal

Custodianship Program in accordance with the provisions of this

article. The criteria and regulations shall include, but not be

limited to, identification of eligible children and eligible

permanent legal custodians, procedures for implementing the

program and reporting requirements by county agencies.

Section 1303.2.  Permanent legal custodianship subsidy and

reimbursement.

(a)  Amount.--The amount of permanent legal custodianship

subsidy for maintenance costs to a permanent legal custodian

shall not exceed the monthly payment rate for foster family care

in the county in which the child resides.

(b)  County reimbursement.--The department shall reimburse

the county agency for at least 80% of the cost of a permanent

legal custodianship subsidy payment provided by a county agency

in accordance with the provisions of this article, provided that

the county agency complies with the requirements established by

the department.

Section 12.  The act is amended by adding an article to read:

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ARTICLE XIV-B

HUMAN SERVICES BLOCK GRANT PILOT PROGRAM

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 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.

"Local collaborative arrangements."  Two or more counties

acting in concert to provide county-based human services through

a single public or private entity.

Section 1402-B.  Establishment of Human Services Block Grant

Pilot Program.

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 department, in its discretion, may approve a

county's request based on criteria determined by the department.

No more than 20 counties may participate in the block grant in

any fiscal year.

Section 1403-B.  Powers and duties of the department.

(a)  Distribution of funds.--Notwithstanding any other law,

the department may distribute those funds that have been

appropriated to the department for the programs set forth in

section 1405-B(a)(1) as a block grant for county-based human

services.

(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.

(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.

(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.

(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 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.

(8)  Prepare and submit by January 1, 2014, and by

November 30 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 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.

(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.

Section 1404-B.  Powers and duties of counties.

The local county officials of each county government

participating in the block grant shall have the power and duty

to:

(1)  Administer and disburse block grant funds for the

provision of county-based human services in accordance with

this article and regulations promulgated under section 1403-

B(10) and Federal requirements.

(2)  Establish or maintain, in agreement with another

county or counties, local collaborative arrangements for the

delivery of any county-based human service. Counties may

establish new local collaborative arrangements under this

paragraph for the provision of a specific county-based human

service or county-based human services, subject to approval

by the secretary.

(3)  Determine and redetermine, when necessary, whether a

person is eligible to participate in a county-based human

service, subject to appeal under 2 Pa.C.S. Ch. 5 Subch. B

(relating to practice and procedures of local agencies).

(4)  Submit required reports under section 1403-B(b)(4).

(5)  Submit to the department an annual Human Services

Block Grant Pilot Plan to include the intended delivery of

county-based human services by client population to be

served, including a detailed description 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.

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:

(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

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 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.

(b)  Expenditure.--Each county participating in the block

grant shall expend its allocated block grant funds as follows:

(1)  For State fiscal year 2012-2013, each county shall

expend on each of the following county-based human services

at least 80% of the amount the county is allocated under the

funds identified in subsection (a)(1) for that county-based

human service:

(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.

(2)  For State fiscal year 2013-2014, each county shall

expend on each of the following county-based human services

at least 75% of the amount the county was allocated under the

funds identified in subsection (a)(1) for that county-based

human service:

(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.

(3)  For State fiscal year 2014-2015, each county shall

expend on each of the following county-based human services

at least 50% of the amount the county is allocated under the

funds identified in subsection (a)(1) for that county-based

human service:

(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.

(4)  For State fiscal year 2015-2016, each county shall

expend on each of the following county-based human services

at least 25% of the amount the county is allocated under the

funds identified in subsection (a)(1), for that county-based

human service:

(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.

(5)  For State fiscal year 2016-2017 and thereafter,

counties may expend block grant funds on county-based human

services as determined by local need.

(c)  Waiver.--A county may request in writing that the

department waive the requirements of subsection (b). The

department may, in its discretion, grant the request upon good

cause shown by the county.

(d)  Use of remaining funds.--Except as provided in

subsection (b), counties may expend the remaining block grant

funds on county-based human services needs as determined by

county officials.

(e)  Contribution to local collaborative arrangement.--Each

county that is part of a local collaborative arrangement in

accordance with section 1404-B(2) shall contribute at a minimum

the percentage of funds specified in subsection (b) to the local

collaborative arrangement for the provision of the county-based

human services delivered by the local collaborative arrangement.

Section 1406-B.  Use of block grant funds.

(a)  General rule.--Block grant funds received by counties

under this article shall be used solely for the provision of

county-based human services.

(b)  Reinvestment.--A county participating in the block grant

may submit to the department a written plan to reinvest up to 3%

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

good cause shown by the county.

(c)  Eligibility.--No county shall be required to expend

block grant funds under this article on behalf of an individual

until the individual has exhausted eligibility and receipt of

benefits under all other existing Federal, State, local or

private programs.

(d)  Allocation.--For State fiscal year 2012-2013, each

county in expending block grant funds shall provide local

matching funds for block grant funds allocated to it in the same

percentage as that county's aggregate local match percentage for

the State funds identified in section 1405-B(a)(1) in State

fiscal year 2010-2011. For each State fiscal year thereafter,

each county in expending block grant funds shall provide local

matching funds for block grant funds allocated to it in the same

percentage as that county's aggregate local match percentage for

the State funds identified in section 1405-B(a)(1) in State

fiscal year 2011-2012.

(e)  County obligation.--Except as provided in subsection

(d), counties shall have no financial obligation to provide

human services under this article in excess of their allocation

of block grant funds for any fiscal year.

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 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).

(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 sections 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 sections 505(b) or 508(c) of

the Mental Health and Intellectual Disability Act of 1966.

Section 1408-B.  Appeals.

A county agency or contracted entity aggrieved by a

department determination made under section 1403-B(b)(6) 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

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

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 13.  All acts and parts of acts are repealed insofar

as they are inconsistent with this act.

Section 3 6 14.  All regulations inconsistent with this act

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are abrogated.

Section 4 7 15.  This act shall take effect in 60 days July

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1, 2012, or immediately, whichever is later.