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| PRIOR PRINTER'S NOS. 3218, 3591 | PRINTER'S NO. 3849 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BRIGGS, PALLONE, BAKER, BELFANTI, BISHOP, BRADFORD, CALTAGIRONE, DALEY, FREEMAN, HALUSKA, HORNAMAN, HOUGHTON, JOSEPHS, KORTZ, McGEEHAN, MUNDY, SANTARSIERO, SIPTROTH, SWANGER, FLECK AND BARBIN, FEBRUARY 16, 2010 |
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| AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 7, 2010 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in juvenile matters, |
3 | further providing for disposition of dependent child. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 6351(b) of Title 42 of the Pennsylvania |
7 | Consolidated Statutes is amended, subsection (f) is amended by |
8 | adding paragraphs and the section is amended by adding a |
9 | subsection to read: |
10 | § 6351. Disposition of dependent child. |
11 | * * * |
12 | (b) Required preplacement findings.--Prior to entering any |
13 | order of disposition under subsection (a) that would remove a |
14 | dependent child from his home, the court shall enter findings on |
15 | the record or in the order of court as follows: |
16 | (1) that continuation of the child in his home would be |
17 | contrary to the welfare, safety or health of the child; and |
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1 | (2) whether reasonable efforts were made prior to the |
2 | placement of the child to prevent or eliminate the need for |
3 | removal of the child from his home, if the child has remained |
4 | in his home pending such disposition; or |
5 | (3) if preventive services were not offered due to the |
6 | necessity for an emergency placement, whether such lack of |
7 | services was reasonable under the circumstances; [or] | <-- |
8 | (4) if the court has previously determined pursuant to |
9 | section 6332 (relating to informal hearing) that reasonable |
10 | efforts were not made to prevent the initial removal of the |
11 | child from his home, whether reasonable efforts are under way |
12 | to make it possible for the child to return home[.]; or and | <-- |
13 | (5) if the child has a sibling who is subject to removal |
14 | from his home, whether reasonable efforts were made prior to |
15 | the placement of the child to place the siblings together or |
16 | whether such joint placement is contrary to the safety or |
17 | well-being of the child or sibling. |
18 | The court shall not enter findings under paragraph (2), (3) or |
19 | (4) if the court previously determined that aggravated |
20 | circumstances exist and no new or additional reasonable efforts |
21 | to prevent or eliminate the need for removing the child from the |
22 | home or to preserve and reunify the family are required. |
23 | (b.1) Visitation for child and sibling.--If a sibling of a |
24 | child has been removed from his home and is in a different |
25 | placement setting than the child, the court shall enter an order |
26 | that ensures visitation between the child and the child's |
27 | sibling no less than twice a month, unless a finding is made |
28 | that visitation is contrary to the safety or well-being of the |
29 | child or sibling. |
30 | * * * |
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1 | (f) Matters to be determined at permanency hearing.--At each |
2 | permanency hearing, a court shall determine all of the |
3 | following: |
4 | * * * |
5 | (10) If a sibling of a child has been removed from his |
6 | home and is in a different placement setting than the child, |
7 | whether reasonable efforts have been made to place the child |
8 | and the sibling of the child together or whether such joint |
9 | placement is contrary to the safety or well-being of the |
10 | child or sibling. |
11 | (11) If the child has a sibling, whether visitation of |
12 | the child with that sibling is occurring no less than twice a |
13 | month, unless a finding is made that visitation is contrary |
14 | to the safety or well-being of the child or sibling. |
15 | * * * |
16 | Section 2. This act shall take effect in 60 days. |
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