PRINTER'S NO. 1951
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1112
Session of
2018
INTRODUCED BY BROWNE, FONTANA, BREWSTER, SCHWANK, REGAN, MENSCH,
FOLMER AND WARD, AUGUST 13, 2018
REFERRED TO JUDICIARY, AUGUST 13, 2018
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
further providing for definitions, for informal hearing and
for disposition of dependent child.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6302 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Child in foster care." Either of the following:
(1) A child who is the care and responsibility of the
Commonwealth and placed in foster care, as defined in 45 CFR
1355.20 (relating to definitions), pursuant to section 6351
(relating to disposition of dependent child) or 6352
(relating to disposition of delinquent child).
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(2) A child placed pursuant to a voluntary placement
agreement under 55 Pa. Code § 3130.65 (relating to voluntary
placement agreement).
* * *
"School stability." The right of a child in foster care to
attend either of the following:
(1) the school the child currently attends; or
(2) the school the child attended when initially placed
by the county agency.
* * *
Section 2. Sections 6332 and 6351 of Title 42 are amended by
adding subsections to read:
§ 6332. Informal hearing.
* * *
(c) School of child while in shelter care.--The following
shall apply to situations in which a child is placed in shelter
care that would otherwise result in the child attending a new
school:
(1) The court shall ensure that the child shall remain
in the school the child attended immediately prior to
placement, unless the court determines that remaining in the
same school would be contrary to the child's safety or well-
being.
(2) In making a determination under paragraph (1), the
court shall consider the wishes of the parent or other
legally authorized education decision maker and, where
appropriate, the wishes of the child.
§ 6351. Disposition of dependent child.
* * *
(b.2) Required preplacement findings regarding school
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stability for children placed in temporary legal custody.--The
following shall apply to situations in which a child is placed
in temporary legal custody that would otherwise result in the
child attending a new school:
(1) Upon any proposed or actual change in placement or
upon request of any party, the court shall determine and make
findings on the record regarding whether school stability is
in the child's best interests. The following apply:
(i) The court's determination may be made during the
initial disposition hearing. The issue of the child's
best interests may also be brought before the court at
any time.
(ii) In making a determination, the presumption
shall be in favor of providing the child school stability
unless the court determines that remaining in a prior
school is contrary to the safety or best interests of the
child.
(2) Transportation to maintain school stability shall be
provided in accordance with all requirements set forth in the
act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, and any applicable contractual
agreement.
* * *
(k) Applicability.--The provisions of subsection (b.2) shall
apply to any child in foster care.
Section 3. This act shall take effect in 60 days.
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