H1866B2954A04074 MSP:CMD 04/25/22 #90 A04074
AMENDMENTS TO HOUSE BILL NO. 1866
Sponsor: REPRESENTATIVE DELOZIER
Printer's No. 2954
Amend Bill, page 1, lines 4 through 9, by striking out "and,
in family finding and kinship care," in line 4 and all of lines
5 through 9 and inserting
in human services generally, reorganizing provisions relating
to adoption opportunities and to family finding and kinship
care; and making editorial changes.
Amend Bill, page 2, line 3, by striking out "3104.2" and
inserting
7505
Amend Bill, page 2, line 9, by striking out "3104.2" and
inserting
7505
Amend Bill, page 3, lines 19 through 30; pages 4 through 10,
lines 1 through 30; page 11, lines 1 through 14; by striking out
all of said lines on said pages and inserting
Section 2. Chapter 1 heading of Title 67 is amended to read:
CHAPTER 1
[PRELIMINARY] GENERAL PROVISIONS
Section 3. Title 67 is amended by adding a chapter to read:
CHAPTER 3
ADMINISTRATION
Sec.
301. (Reserved).
§ 301. (Reserved).
Section 4. Part II heading of Title 67 is amended to read:
PART II
[HUMAN SERVICES GENERALLY] MEDICAL ASSISTANCE
Section 5. Title 67 is amended by adding a chapter
immediately following Part II heading to read:
CHAPTER 7
(Reserved)
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Section 6. Chapters 21 and 31 of Title 67 are repealed:
[CHAPTER 21
ADOPTION OPPORTUNITIES
Sec.
2101. Declaration of purpose.
2102. Definitions.
2103. Regulations.
2104. Adoption opportunity payments and reimbursement.
§ 2101. Declaration of purpose.
This chapter shall be interpreted and construed to effect the
purpose of encouraging and promoting the placement of children
who have disabilities or are hard to place by virtue of age,
sibling relationship or ethnicity in adoptive homes.
§ 2102. 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:
"Adoption opportunity." A subsidy which may include:
(1) maintenance costs;
(2) medical, surgical and psychological expenses; and
(3) other costs incident to the adoption.
"Child." An individual who:
(1) is under the age of 18 years; or
(2) is under the age of 21 years and attained 13 years
of age before the adoption assistance agreement became
effective and is:
(i) completing secondary education or an equivalent
credential;
(ii) enrolled in an institution that 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 that 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 of the act of
June 13, 1967 (P.L.31, No.21), known as the Human Services Code.
"Eligible child." A child in the legal custody of the county
agency where parental rights have been terminated pursuant to
the procedure set forth in 23 Pa.C.S. Pt. III (relating to
adoption) and who has been in foster placement for a period of
not less than six months and shown to be difficult to adopt
because of a disability or by virtue of age, sibling
relationship or ethnicity. A child in the legal custody of an
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agency approved by the department shall be an eligible child if
the child is certified as eligible by the county agency.
§ 2103. Regulations.
(a) Duty of department.--The department may establish and
develop criteria and promulgate necessary regulations for county
agencies to implement an adoption opportunity in accordance with
the provisions of this chapter.
(b) Content.--The regulations shall include, but are not
limited to, the following:
(1) Criteria for identifying eligible children and
adoptive homes.
(2) Procedures for implementing the adoption opportunity
payment.
(3) Reporting requirements by county agencies.
§ 2104. Adoption opportunity payments and reimbursement.
(a) Amount.--The amount of adoption opportunity payment for
maintenance costs to an adoptive family 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
county agencies for at least 80% of the cost of an adoption
opportunity provided by the county agency under this chapter if
the county agency complies with the reporting requirements
established by the department under section 2103 (relating to
regulations).
(c) Limitation.--No public money shall be expended under
this chapter on behalf of an eligible child until all available
benefits under existing or future private, public, local, State
or Federal programs have been exhausted. Notwithstanding any
other provision of law, adoptive families subsidized under the
provisions of this chapter shall not be liable under the
provisions 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, or 23 Pa.C.S. Ch. 46 (relating to support of the
indigent) in the event that the adopted child needs services or
assistance under the provisions of Article IV of the act of June
13, 1967 (P.L.31, No.21), known as the Human Services Code, or
under the provisions of the Mental Health and Intellectual
Disability Act of 1966.
CHAPTER 31
FAMILY FINDING AND KINSHIP CARE
Sec.
3101. Legislative intent.
3102. Definitions.
3103. Family finding required.
3104. Discontinuance of family finding.
3105. Kinship Care Program.
3106. Subsidized Permanent Legal Custodianship Program.
3107. Permanent legal custodianship subsidy and reimbursement.
§ 3101. Legislative intent.
This chapter is intended to ensure that family finding occurs
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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
assist in remedying the concerns that led the child to be
involved with the county agency.
§ 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:
"Accept for service." Decide on the basis of the needs and
problems of an individual to admit or receive the individual as
a client of the county agency or as required by a court order
entered under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).
"Child." An individual who:
(1) is under 18 years of age; or
(2) is under 21 years of age and attained 13 years of
age before the subsidized permanent legal custodianship
agreement became effective and is:
(i) completing secondary education or an equivalent
credential;
(ii) enrolled in an institution that 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 of the act of
June 13, 1967 (P.L.31, No.21), known as the Human Services Code.
"Eligible child." A child who meets all of the following:
(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.
(3) Is a citizen or an alien lawfully residing in this
Commonwealth.
"Eligible permanent legal custodian." A relative or kin who
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meets all of the following:
(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.
(3) Who meets the requirements to be approved as a
foster parent under 23 Pa.C.S. § 6344 (relating to employees
having contact with children; adoptive and foster parents).
"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.
"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).
"Relative." An individual who is:
(1) Related within the fifth degree of consanguinity or
affinity to the parent or stepparent of a child.
(2) At least 21 years of age.
"Sibling." An individual who has at least one parent in
common with another individual, whether by blood, marriage or
adoption, regardless of whether or not there is a termination of
parental rights or parental death. The term includes biological,
adoptive, stepsiblings and half-siblings.
"Subsidized permanent legal custodianship." A court-ordered
disposition of a dependent child pursuant to 42 Pa.C.S. §
6351(a)(2.1) 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.
"Successor permanent legal custodian." A relative or kin who
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meets all of the following:
(1) With whom an eligible child resides for any period
of time.
(2) Who has been named as a successor in a permanent
legal custodianship agreement executed by an eligible child's
previous eligible permanent legal custodian.
(3) Who meets the requirements for employment in child-
care services and approval as a foster or adoptive parent
under 23 Pa.C.S. § 6344.
§ 3103. Family finding required.
Family finding shall be conducted for a child when the 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).
§ 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 the child's safety.
§ 3105. Kinship Care Program.
(a) Establishment of program.--The Kinship Care Program is
established in the department.
(b) 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
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adult relatives to the fifth degree of consanguinity or affinity
to the parent or stepparent of a dependent child and each parent
who has legal custody of a sibling of a dependent child within
30 days of the child's removal from the child's home if
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.
(c) 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
the placement was not possible.
(d) Regulations.--The department is authorized to promulgate
regulations necessary to carry out the provisions of this
chapter. The regulations shall include, but not be limited to,
the following:
(1) Relatives and kin shall receive the same foster care
rate as other foster parents if they comply with the
regulations governing foster parents.
(2) Foster care payments received by a relative or kin
who is a foster parent shall be excluded from consideration
when calculating eligibility for public assistance.
§ 3106. 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 is authorized to promulgate necessary
regulations for county agencies to implement the Subsidized
Permanent Legal Custodianship Program in accordance with the
provisions of this chapter. 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.
§ 3107. Permanent legal custodianship subsidy and
reimbursement.
(a) Amount.--The amount of permanent legal custodianship
subsidy for maintenance costs to a permanent legal custodian or
a successor permanent legal custodian shall not exceed the
monthly payment rate for foster family care in the county in
which the child resides.
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(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 chapter, provided that
the county agency complies with the requirements established by
the department.]
Section 7. Part III heading of Title 67 is amended to read:
PART III
[INSTITUTION DISTRICTS (Reserved)]
MENTAL HEALTH AND INTELLECTUAL DISABILITIES
Section 8. Title 67 is amended by adding a chapter
immediately following Part III heading to read:
CHAPTER 51
(Reserved)
Section 9. Part IV heading of Title 67 is amended to read:
PART IV
[MISCELLANEOUS PROVISIONS] CHILDREN, YOUTH AND FAMILIES
Section 10. Title 67 is amended by adding chapters
immediately following Part IV heading to read:
CHAPTER 71
(Reserved)
CHAPTER 73
(Reserved)
CHAPTER 75
FAMILY FINDING AND KINSHIP CARE
Sec.
7501. Legislative intent.
7502. Definitions.
7503. Family finding required.
7504. Permanency plan.
7505. Transition plan and services.
7506. Data collection to improve permanency outcomes.
7507. Kinship Care Program.
7508. Subsidized Permanent Legal Custodianship Program.
7509. Permanent legal custodianship subsidy and reimbursement.
§ 7501. Legislative intent.
This chapter is intended to ensure that family finding occurs
on an ongoing basis for all children entering the child welfare
system, to promote the use of kinship care when it is necessary
to remove a child from the child's home and to ensure that each
child leaving foster care at 18 years of age or older is
prepared for the transition to successful adulthood.
§ 7502. 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:
"Accept for service." Decide on the basis of the needs and
problems of an individual to admit or receive the individual as
a client of the county agency or as required by a court order
entered under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).
"Child." An individual who:
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(1) is under 18 years of age; or
(2) is under 21 years of age and attained 13 years of
age before the subsidized permanent legal custodianship
agreement became effective and is:
(i) completing secondary education or an equivalent
credential;
(ii) enrolled in an institution that 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 of the act of
June 13, 1967 (P.L.31, No.21), known as the Human Services Code.
"Eligible child." A child who meets all of the following:
(1) Has a court-ordered disposition of placement with a
permanent legal custodian under 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.
(3) Is a citizen or an alien lawfully residing in this
Commonwealth.
"Eligible permanent legal custodian." A relative or kin who
meets all of the following:
(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.
(3) The requirements to be approved as a foster parent
under 23 Pa.C.S. § 6344 (relating to employees having contact
with children; adoptive and foster parents).
"Family finding." 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.
(4) When necessary, identify a safe and familiar
placement for the child.
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"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.
"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.
"Permanent legal custodian." A person to whom legal custody
of the child has been given by order of a court under 42 Pa.C.S.
§ 6351(a)(2.1).
"Relative." An individual who is:
(1) Related within the fifth degree of consanguinity or
affinity to the parent or stepparent of a child.
(2) At least 21 years of age.
"Sibling." An individual who has at least one parent in
common with another individual, whether by blood, marriage or
adoption, regardless of whether or not there is a termination of
parental rights or parental death. The term includes biological,
adoptive, stepsiblings and half-siblings.
"Subsidized permanent legal custodianship." A court-ordered
disposition of a dependent child under 42 Pa.C.S. § 6351(a)(2.1)
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.
"Successor permanent legal custodian." A relative or kin who
meets all of the following:
(1) With whom an eligible child resides for any period
of time.
(2) Who has been named as a successor in a permanent
legal custodianship agreement executed by an eligible child's
previous eligible permanent legal custodian.
(3) The requirements for employment in child-care
services and approval as a foster or adoptive parent under 23
Pa.C.S. § 6344.
"Transition plan." A comprehensive plan for leaving foster
care or another out-of-home placement and successfully
transitioning to independent adulthood.
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§ 7503. Family finding required.
(a) General rule.--Family finding shall be conducted for a
child when the 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 subsection (b).
(b) Discontinuation of family finding.--A county agency may
discontinue family finding for a child under the following
circumstances:
(1) The child has been adjudicated dependent under 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 under 23
Pa.C.S. Pt. III (relating to adoption).
(c) Resumption of family finding.--Notwithstanding the
provisions of subsection (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 kind 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
family finding.
§ 7504. Permanency plan.
(a) Permanency plan.--When a child is subject to an order
transferring legal custody under 42 Pa.C.S. § 6351(a)(2)
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(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.
§ 7505. Transition plan and services.
(a) Transition services required.--If a child is subject to
an order transferring legal custody under 42 Pa.C.S. § 6351(a)
(2) (relating to disposition of dependent child), the county
shall:
(1) Beginning when the child is 14 years of age, provide
age and developmentally appropriate services to help the
child plan and prepare for eventual adulthood.
(2) Beginning no less than 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, 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
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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
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.
§ 7506. 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
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.
§ 7507. Kinship Care Program.
(a) Establishment of program.--The Kinship Care Program is
established in the department.
(b) Relative notification.--Except in situations of family
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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 and each parent
who has legal custody of a sibling of a dependent child within
30 days of the child's removal from the child's home if
temporary legal and physical custody has been transferred to the
county agency. The notice must explain all of the following:
(1) 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.
(c) 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
the placement was not possible.
(d) Regulations.--The department is authorized to promulgate
regulations necessary to carry out the provisions of this
chapter. The regulations shall include, but not be limited to,
the following:
(1) Relatives and kin shall receive the same foster care
rate as other foster parents if they comply with the
regulations governing foster parents.
(2) Foster care payments received by a relative or kin
who is a foster parent shall be excluded from consideration
when calculating eligibility for public assistance.
§ 7508. 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 is authorized to promulgate necessary
regulations for county agencies to implement the Subsidized
Permanent Legal Custodianship Program in accordance with the
provisions of this chapter. 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.
§ 7509. Permanent legal custodianship subsidy and
reimbursement.
(a) Amount.--The amount of permanent legal custodianship
subsidy for maintenance costs to a permanent legal custodian or
a successor permanent legal custodian shall not exceed the
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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 chapter, provided that
the county agency complies with the requirements established by
the department.
CHAPTER 77
ADOPTION OPPORTUNITIES
7701. Declaration of purpose.
7702. Definitions.
7703. Regulations.
7704. Adoption opportunity payments and reimbursement.
§ 7701. Declaration of purpose.
This chapter shall be interpreted and construed to effect the
purpose of encouraging and promoting the placement of children
who have disabilities or are hard to place by virtue of age,
sibling relationship or ethnicity in adoptive homes.
§ 7702. 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:
"Adoption opportunity." A subsidy which may include:
(1) maintenance costs;
(2) medical, surgical and psychological expenses; and
(3) other costs incident to the adoption.
"Child." An individual who:
(1) is under 18 years of age; or
(2) is under 21 years of age and attained 13 years of
age before the adoption assistance agreement became effective
and is:
(i) completing secondary education or an equivalent
credential;
(ii) enrolled in an institution that provides
postsecondary or career and technical 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 that 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 of the act of
June 13, 1967 (P.L.31, No.21), known as the Human Services Code.
"Eligible child." A child in the legal custody of the county
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agency where parental rights have been terminated pursuant to
the procedure set forth in 23 Pa.C.S. Pt. III (relating to
adoption) and who has been in foster placement for a period of
not less than six months and shown to be difficult to adopt
because of a disability or by virtue of age, sibling
relationship or ethnicity. A child in the legal custody of an
agency approved by the department shall be an eligible child if
the child is certified as eligible by the county agency.
§ 7703. Regulations.
(a) Duty of department.--The department may establish and
develop criteria and promulgate necessary regulations for county
agencies to implement an adoption opportunity in accordance with
the provisions of this chapter.
(b) Content.--The regulations shall include, but are not
limited to, the following:
(1) Criteria for identifying eligible children and
adoptive homes.
(2) Procedures for implementing the adoption opportunity
payment.
(3) Reporting requirements by county agencies.
§ 7704. Adoption opportunity payments and reimbursement.
(a) Amount.--The amount of adoption opportunity payment for
maintenance costs to an adoptive family 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
county agencies for at least 80% of the cost of an adoption
opportunity provided by the county agency under this chapter if
the county agency complies with the reporting requirements
established by the department under section 7703 (relating to
regulations).
(c) Limitation.--No public money shall be expended under
this chapter on behalf of an eligible child until all available
benefits under existing or future private, public, Federal,
State or local programs have been exhausted. Notwithstanding any
other provision of law, adoptive families subsidized under the
provisions of this chapter shall not be liable under the
provisions 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, or 23 Pa.C.S. Ch. 46 (relating to support of the
indigent) in the event that the adopted child needs services or
assistance under the provisions of Article IV of the act of June
13, 1967 (P.L.31, No.21), known as the Human Services Code, or
under the provisions of the Mental Health and Intellectual
Disability Act of 1966.
CHAPTER 79
EARLY INTERVENTION SERVICES
Sec.
7901. (Reserved).
§ 7901. (Reserved).
CHAPTER 81
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(Reserved)
Section 11. This act shall take effect in 60 days.
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