THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BISHOP, MANN, MUNDY, K. SMITH, SIPTROTH, TRUE, YOUNGBLOOD AND HENNESSEY, MARCH 31, 2009

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 31, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in juvenile matters,

further providing for disposition of dependent child.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6351 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding subsections to read:

§ 6351.  Disposition of dependent child.

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(g.1)  Termination of jurisdiction.--At the required court

hearing to terminate jurisdiction over a dependent child who is

18 years of age or older, the county agency shall do the

following:

(1)  Ensure that the child is present in court, unless

good cause is shown and accepted by the court. If the child

cannot be located, the county agency must document efforts to

locate the child.

(2)  Submit a report to court verifying that the

following information, documents and services have been

provided to the child:

(i)  Written information concerning the child's

dependency case, including the child's family history and

placement history, the whereabouts of any siblings under

the jurisdiction of the juvenile court, unless the court

determines that sibling contact would jeopardize the

safety or welfare of the sibling and the date on which

the jurisdiction of the juvenile court would be

terminated.

(ii)  The following documents:

(A)  Social Security card.

(B)  Certified birth certificate.

(C)  Immunization and health records.

(D)  Education records.

(E)  Legal documents relating to custody.

(F)  If applicable, proof of citizenship or

residence.

(iii)  Evidence that the child has received

assistance in completing an application for medical

assistance or other health insurance.

(iv)  In cases where the county agency is aware that

the child has or may need mental health services,

documentation that:

(A)  The child has been referred to the local

office of mental health.

(B)  An assessment of current mental health needs

has been completed by a mental health professional.

(C)  If appropriate, a case manager through the

local office of mental health has been assigned to

the child.

(D)  If the assessment reveals a need for

services, an interagency meeting has occurred among

the child, any family members or individuals

identified as important to the child, the county

child welfare agency worker, the child's county

mental health case manager, if any, a representative

of the county adult mental health system and any

involved service providers and relevant systems'

representatives to develop a written plan that

identifies appropriate services and supports for the

child's transition from the child welfare system.

(E)  The services and supports recommended

through the assessment and agreed upon during the

interagency meeting described in clause (D), and

included in the written plan, were made available on

or before the planned discharge date, or the services

were applied for in a timely manner and there is an

explanation as to why the services could not be made

available before discharge.

(v)  In cases where the child has been identified as

having mental retardation, documentation that:

(A)  The child has been registered with the local

office of mental retardation.

(B)  A service coordinator has been assigned to

the child.

(C)  A Supports Intensity Scale (SIS) has been

completed.

(D)  A current Prioritization of Urgency of Need

for Services (PUNS) has been completed.

(E)  An interagency meeting to plan for the

child's transition from the child welfare system

occurred at least one year before the planned date of

discharge, or at the earliest time possible if the

child's discharge date is set for less than one year

from the date it is recorded in the child's

permanency plan, and included the child, any family

members or individuals identified as important to the

child, the county child welfare agency worker, any

involved provider of mental retardation services,

representatives from the county office of mental

retardation, the child's supports coordinator,

representative from the regional office of

developmental programs and representatives from the

education system.

(vi)  In cases where the child has autism,

documentation that:

(A)  The Bureau of Autism Services or its

designee was contacted at least one year prior to the

child's planned discharge date recorded on the

child's permanency plan or at the earliest time

possible if the child's discharge date is set for

less than one year from the date it is recorded in

the child's permanency plan.

(B)  The child's needs have been assessed and all

appropriate services and waivers have been applied

for.

(C)  An interagency meeting to plan for the

child's transition from the child welfare system

occurred at least one year before the planned date of

discharge, or at the earliest time possible if the

child's discharge date is set for less than one year

from the date it is recorded in the child's

permanency plan, and included the child, any family

members or individuals identified as important to the

child, the county child welfare agency worker, a

representative from the regional office of

developmental programs and representatives from the

education system.

(vii)  In cases where the child has a physical

disability, documentation that contact has been made with

the local agencies which administer home-based and

community-based waivers for adults with disabilities and

an assessment has been made as to which waivers the child

may be eligible for and an appropriate application has

been submitted at least six months prior to the planned

discharge recorded in the child's permanency plan or the

earliest time possible if the child's discharge date is

set for less than six months from the date it is recorded

in the child's permanency plan.

(viii)  A description of the child's suitable housing

plan.

(ix)  Documentation that the child has a source of

income through employment or other legitimate means,

which shall not include public benefits unless the child

has been determined to be unable to work due to a

disability.

(x)  Documentation of the child's education plan and

that assistance has been provided in applying for

admission to college, a vocational training program or

other educational institution and in obtaining financial

aid.

(xi)  Documentation that the county agency assisted

the child in identifying individuals who can support the

child in the child's transition to adulthood.

(xii)  Documentation that the child has received

permanency and adoptive services.

(xiii)  Documentation that an application for

Supplemental Security Income (SSI) benefits has been

submitted for any child with a disability.

(3)  Inform the child that the child may request that the

court continue its jurisdiction until the child attains 21

years of age if the child is in a course of treatment or

instruction pursuant to paragraph (3) of the definition of

"child" in section 6302.

(g.2)  Continued jurisdiction.--The court may continue

jurisdiction if it finds that the county agency has not met the

requirements of subsection (g.1)(2) and (3). If the court

determines that continued jurisdiction is warranted pursuant to

this subsection, the continuation shall be ordered for that

period of time necessary for the county agency to meet the

requirements of subsection (g.1)(2) and (3). This subsection

shall not be construed to limit the ability of the juvenile

court to continue jurisdiction pursuant to paragraph (3) of the

definition of "child" in section 6302.

(g.3)  Reentry.--A dependent child whose jurisdiction was

terminated at 18 years of age may petition the court to reenter

the child welfare system at any time prior to attaining 21 years

of age. The petition may be made by the child, the child's

former attorney or guardian ad litem, the child's former agency

or independent living care worker or any interested party. The

court may adjudicate the child dependent if the child meets any

of the criteria listed under the definition of "dependent child"

in section 6302.

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Section 2.  This act shall take effect in 60 days.