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        PRIOR PRINTER'S NO. 549                       PRINTER'S NO. 3656

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 511 Session of 2005


        INTRODUCED BY MUNDY, BEBKO-JONES, BLACKWELL, CALTAGIRONE,
           CAPPELLI, CORRIGAN, CRAHALLA, FREEMAN, GOODMAN, GRUITZA,
           JOSEPHS, PRESTON, SEMMEL, TANGRETTI, TIGUE, WALKO, BELFANTI,
           DALEY, CURRY, STABACK, THOMAS, PISTELLA, YOUNGBLOOD, FRANKEL,
           SHAPIRO AND STETLER, FEBRUARY 14, 2005

        AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MARCH 7, 2006

                                     AN ACT

     1  Providing for certain rights of foster children.                  <--
     2  PROVIDING FOR CERTAIN DUTIES OF COUNTY AND PRIVATE AGENCIES AND   <--
     3     RESOURCE PARENTS REGARDING CHILDREN IN SUBSTITUTE CARE.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Foster         <--
     8  Children Rights CHILDREN IN SUBSTITUTE CARE Act.                  <--
     9  Section 2.  Definitions.
    10     The following words and phrases when used in this act shall
    11  have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:
    13     "CHILD IN SUBSTITUTE CARE."  AN INDIVIDUAL WHO WAS             <--
    14  ADJUDICATED DEPENDENT BEFORE REACHING 18 YEARS OF AGE AND WHO:
    15         (1)  HAS NOT REACHED 18 YEARS OF AGE AND IS IN PLACEMENT;
    16     OR


     1         (2)  IS IN PLACEMENT AFTER REACHING 18 YEARS OF AGE AND
     2     WHILE ENGAGED IN A COURSE OF INSTRUCTION OR TREATMENT
     3     REQUESTS THE COURT TO RETAIN JURISDICTION UNTIL THE COURSE OF
     4     INSTRUCTION OR TREATMENT IS COMPLETED,
     5  BUT IN NO EVENT SHALL THE INDIVIDUAL REMAIN IN A COURSE OF
     6  INSTRUCTION OR TREATMENT AFTER REACHING 21 YEARS OF AGE.
     7     "County agency."  A county children and youth social service
     8  agency established pursuant to section 405 of the act of June
     9  24, 1937 (P.L.2017, No.396), known as the County Institution
    10  District Law, or its successor, and supervised by the Department
    11  of Welfare under Article IX of the act of June 13, 1967 (P.L.31,
    12  No.21), known as the Public Welfare Code.
    13     "Foster parent."  An individual responsible for providing      <--
    14  foster family care to a child placed by a foster family care
    15  agency.
    16     "Members of children and youth services team."  The term
    17  includes caseworkers, court-appointed special advocates and
    18  guardians ad litem.
    19     "Private agency."  A children and youth social service agency
    20  subject to the requirements of 55 Pa. Code Ch. 3680 (relating to
    21  administration and operation of a children and youth social
    22  service agency).
    23  Section 3.  Rights of foster children.
    24     A foster child has the following rights:
    25         (1)  To be treated with fairness, dignity and respect and
    26     to not be discriminated against because of race, color,
    27     religion, disability, sexual orientation, national origin,
    28     age or gender.
    29         (2)  To be free from harassment, corporal punishment,
    30     unreasonable restraint and physical, sexual, emotional and
    20050H0511B3656                  - 2 -     

     1     other abuse.
     2         (3)  To live in a safe, healthy and comfortable home.
     3         (4)  To be properly nourished and clothed with clothing
     4     that is clean, seasonal and age and gender appropriate.
     5         (5)  To receive medical, dental, vision, mental health,
     6     behavioral health and drug and alcohol abuse and addiction
     7     services that respond to the child's needs.
     8         (6)  To be free from unreasonable searches of personal
     9     belongings and mail, including electronic mail, and to be
    10     free to make and receive confidential telephone calls as
    11     reasonable under the circumstances unless otherwise provided
    12     by law.
    13         (7)  Provided that the child is given contact information
    14     and a means of communication, to be permitted to visit with
    15     and contact family members consistent with the family service
    16     plan, unless otherwise prohibited by court order and to
    17     contact the child's attorney and members of the child's
    18     children and youth services team.
    19         (8)  To be permitted to participate in religious
    20     observances and activities and attend religious services of
    21     the child's preference or the religion of the child's family
    22     of origin or culture as may be reasonably accommodated, or to
    23     refrain from such religious practices.
    24         (9)  To maintain and reflect the child's culture as may
    25     be reasonably accommodated.
    26         (10)  To receive an appropriate education consistent with
    27     the laws of this Commonwealth, including the right to have
    28     the opportunity to participate in extracurricular, cultural
    29     and personal enrichment activities that are reasonably
    30     available and accommodated and consistent with the child's
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     1     age and developmental level.
     2         (11)  To work and develop job skills at an age-
     3     appropriate level, consistent with the laws of this
     4     Commonwealth and as may be reasonably accommodated and to
     5     receive appropriate life skills training to prepare for
     6     independent living.
     7         (12)  To attend court hearings relating to the child's
     8     case and to have the opportunity to be heard.
     9         (13)  To be permitted to contribute to and receive
    10     information about the family service plan, including changes
    11     to the plan, and to review the case plan itself if the child
    12     is at least 14 years of age.
    13         (14)  To have confidentiality maintained consistent with
    14     the laws of this Commonwealth.
    15         (15)  To have any kinship resource or previous foster
    16     parent of the child be considered as the preferred placement
    17     resource if such placement is consistent with the best
    18     interest of the child and the needs of other children in the
    19     kinship residence or foster parent's home.
    20         (16)  If the child has a child of his own to be permitted
    21     to exercise parental and decision-making authority over his
    22     own child and to reside with his own child if appropriate and
    23     as may be reasonably accommodated unless prohibited by order
    24     of court.
    25         (17)  To have the opportunity to contact the Department
    26     of Public Welfare confidentially and to make complaints
    27     regarding alleged violations of the child's rights and to be
    28     free from harassment and retaliation regarding such actions.
    29  Section 4.  Copy of rights to be provided.
    30     A county agency or private agency shall provide a copy of the
    20050H0511B3656                  - 4 -     

     1  rights enumerated in this act to each foster child and foster
     2  parent to whom they provide services.
     3     "MEMBERS OF AN INTEGRATED CHILDREN'S SERVICES PLANNING TEAM."  <--
     4  THE TERM INCLUDES THE PUBLIC AND PRIVATE CHILDREN AND YOUTH
     5  CASEWORKER, JUVENILE PROBATION OFFICER, MENTAL HEALTH
     6  CASEWORKER, MENTAL RETARDATION CASEWORKER AND ANY OTHER
     7  INDIVIDUAL WHO IS CONSIDERED TO BE A PART OF A SERVICE PLANNING
     8  TEAM SPECIFIC TO A CHILD.
     9     "PRIVATE AGENCY."  A CHILDREN AND YOUTH SOCIAL SERVICE AGENCY
    10  SUBJECT TO THE REQUIREMENTS OF 55 PA. CODE CH. 3680 (RELATING TO
    11  ADMINISTRATION AND OPERATION OF A CHILDREN AND YOUTH SOCIAL
    12  SERVICE AGENCY).
    13     "RELATIVE."  AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OF AGE
    14  AND RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY
    15  TO THE PARENT OR STEPPARENT OF A CHILD.
    16     "RESOURCE FAMILY."  A FAMILY THAT PROVIDES TEMPORARY FOSTER
    17  OR KINSHIP CARE FOR A CHILD WHO NEEDS OUT-OF-HOME PLACEMENT AND
    18  THAT MAY EVENTUALLY PROVIDE PERMANENCY FOR THE CHILD, INCLUDING
    19  AS AN ADOPTIVE FAMILY.
    20     "UNREASONABLE RESTRAINT."  CONTROLLING BEHAVIOR OR
    21  RESTRICTING MOVEMENT THROUGH THE APPLICATION OF PHYSICAL,
    22  MECHANICAL OR CHEMICAL INTERVENTION NOT USED FOR COERCION OR
    23  PUNISHMENT, EXCEPT FOR SITUATIONS REQUIRING EMERGENCY SAFETY
    24  INTERVENTIONS TO PREVENT HARM TO SELF OR TO OTHERS WHERE LESS
    25  RESTRICTIVE ALTERNATIVES HAVE FAILED.
    26  SECTION 3.  CHILDREN IN SUBSTITUTE CARE.
    27     COUNTY AND PRIVATE AGENCIES AND RESOURCE PARENTS SHALL
    28  PROVIDE THE FOLLOWING TO A CHILD IN SUBSTITUTE CARE:
    29         (1)  TREATMENT WITH FAIRNESS, DIGNITY AND RESPECT AND
    30     FREEDOM FROM DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION,
    20050H0511B3656                  - 5 -     

     1     DISABILITY, SEXUAL ORIENTATION, NATIONAL ORIGIN, AGE OR
     2     GENDER.
     3         (2)  FREEDOM FROM HARASSMENT, CORPORAL PUNISHMENT,
     4     UNREASONABLE RESTRAINT AND PHYSICAL, SEXUAL, EMOTIONAL AND
     5     OTHER ABUSE.
     6         (3)  ABILITY TO LIVE IN THE LEAST RESTRICTIVE, MOST
     7     FAMILY-LIKE SETTING THAT IS SAFE, HEALTHY, COMFORTABLE AND
     8     MEETS THE CHILD'S NEEDS.
     9         (4)  PROPER NOURISHMENT AND CLOTHING THAT IS CLEAN,
    10     SEASONAL AND AGE AND GENDER APPROPRIATE.
    11         (5)  MEDICAL, DENTAL, VISION, MENTAL HEALTH, BEHAVIORAL
    12     HEALTH AND DRUG AND ALCOHOL ABUSE AND ADDICTION SERVICES
    13     CONSISTENT WITH THE LAWS OF THE COMMONWEALTH AND FOR WHICH
    14     THE CHILD QUALIFIES.
    15         (6)  FREEDOM FROM UNREASONABLE SEARCHES OF PERSONAL
    16     BELONGINGS AND MAIL, INCLUDING ELECTRONIC MAIL, AND FREEDOM
    17     TO MAKE AND RECEIVE CONFIDENTIAL TELEPHONE CALLS AS
    18     REASONABLE UNDER THE CIRCUMSTANCES UNLESS OTHERWISE PROVIDED
    19     BY LAW OR WHEN THERE IS REASON TO BELIEVE THAT THE CHILD MAY
    20     BE IN DANGER OF BEING HARMED BY AN INDIVIDUAL COMMUNICATING
    21     WITH THE CHILD THROUGH POSTAL MAIL, ELECTRONIC MAIL OR
    22     TELEPHONE CALLS.
    23         (7)  PERMISSION TO VISIT AND HAVE CONTACT WITH FAMILY
    24     MEMBERS, INCLUDING SIBLINGS, AS FREQUENTLY AS POSSIBLE
    25     CONSISTENT WITH THE FAMILY SERVICE PLAN AND THE CHILD'S
    26     PERMANENCY PLAN, UNLESS PROHIBITED BY COURT ORDER.
    27         (8)  ABILITY TO CONTACT THE CHILD'S GUARDIAN AD LITEM,
    28     ATTORNEY OR COURT-APPOINTED SPECIAL ADVOCATE AND MEMBERS OF
    29     THE INTEGRATED CHILDREN'S SERVICES PLANNING TEAM.
    30         (9)  MAINTAIN AND REFLECT THE CHILD'S CULTURE AS MAY BE
    20050H0511B3656                  - 6 -     

     1     REASONABLY ACCOMMODATED.
     2         (10)  AN APPROPRIATE EDUCATION CONSISTENT WITH THE LAWS
     3     OF THIS COMMONWEALTH, INCLUDING THE OPPORTUNITY TO
     4     PARTICIPATE IN CULTURALLY APPROPRIATE EXTRACURRICULAR AND
     5     CULTURAL AND PERSONAL ENRICHMENT ACTIVITIES THAT ARE
     6     REASONABLY AVAILABLE AND ACCOMMODATED AND CONSISTENT WITH THE
     7     CHILD'S AGE AND DEVELOPMENTAL LEVEL.
     8         (11)  ABILITY TO WORK AND DEVELOP JOB SKILLS AT AN AGE-
     9     APPROPRIATE LEVEL, CONSISTENT WITH THE LAWS OF THIS
    10     COMMONWEALTH AND AS MAY BE REASONABLY ACCOMMODATED.
    11         (12)  ABILITY TO RECEIVE APPROPRIATE LIFE SKILLS TRAINING
    12     TO PREPARE FOR INDEPENDENT LIVING AS CONSISTENT WITH THE LAWS
    13     OF THIS COMMONWEALTH.
    14         (13)  NOTIFICATION OF AND ABILITY TO ATTEND COURT
    15     HEARINGS RELATING TO THE CHILD'S CASE AND TO HAVE THE
    16     OPPORTUNITY TO BE HEARD.
    17         (14)  CONTRIBUTE AND RECEIVE INFORMATION ABOUT THE FAMILY
    18     SERVICE PLAN AND CHILD'S PERMANENCY PLAN AND REVIEW THOSE
    19     PLANS IF THE CHILD IS AT LEAST 14 YEARS OF AGE.
    20         (15)  CONFIDENTIALITY MAINTAINED CONSISTENT WITH THE LAWS
    21     OF THIS COMMONWEALTH.
    22         (16)  PROVIDE FIRST CONSIDERATION TO PLACEMENT WITH
    23     RELATIVES, INCLUDING SIBLINGS. IN THE ABSENCE OF RELATIVES,
    24     TO HAVE ANY KINSHIP RESOURCE BE CONSIDERED AS THE PREFERRED
    25     PLACEMENT RESOURCE IF SUCH PLACEMENT IS CONSISTENT WITH THE
    26     BEST INTEREST OF THE CHILD AND THE NEEDS OF OTHER CHILDREN IN
    27     THE KINSHIP RESIDENCE.
    28         (17)  CONSIDER ANY PREVIOUS RESOURCE FAMILY AS THE
    29     PREFERRED PLACEMENT RESOURCE, IF RELATIVE AND KINSHIP
    30     RESOURCES ARE UNAVAILABLE AND THE PLACEMENT RESOURCE IS
    20050H0511B3656                  - 7 -     

     1     CONSISTENT WITH THE BEST INTEREST OF THE CHILD.
     2         (18)  IF THE CHILD HAS A CHILD OF HIS OWN, PERMISSION TO
     3     EXERCISE PARENTAL AND DECISION-MAKING AUTHORITY OVER HIS OWN
     4     CHILD AND TO RESIDE WITH HIS OWN CHILD IF APPROPRIATE AND AS
     5     MAY BE REASONABLY ACCOMMODATED UNLESS PROHIBITED BY ORDER OF
     6     COURT.
     7         (19)  THE OPPORTUNITY TO CONTACT THE DEPARTMENT OF PUBLIC
     8     WELFARE CONFIDENTIALLY AND TO MAKE COMPLAINTS REGARDING
     9     ALLEGED VIOLATIONS OF THE CHILD'S RIGHTS AND TO BE FREE FROM
    10     HARASSMENT AND RETALIATION REGARDING SUCH ACTIONS.
    11         (20)  PERMISSION TO PARTICIPATE IN RELIGIOUS OBSERVANCES
    12     AND ACTIVITIES AND ATTEND RELIGIOUS SERVICES OF THE CHILD'S
    13     PREFERENCE OR THE RELIGION OF THE CHILD'S FAMILY OF ORIGIN OR
    14     CULTURE AS MAY BE REASONABLY ACCOMMODATED.
    15  SECTION 4.  COPY OF RESPONSIBILITIES TO BE PROVIDED.
    16     A COUNTY AGENCY OR PRIVATE AGENCY SHALL PROVIDE A COPY OF THE
    17  DUTIES OF COUNTY AND PRIVATE AGENCIES AND RESOURCE PARENTS
    18  REQUIRED BY LAW AND REGULATION TO EACH CHILD IN SUBSTITUTE CARE
    19  AND RESOURCE FAMILY TO WHOM THEY PROVIDE SERVICES.
    20  Section 5.  Effective date.
    21     This act shall take effect in 60 days.






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