THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WASHINGTON, LOGAN, KITCHEN AND HUGHES, JUNE 5, 2009

REFERRED TO JUDICIARY, JUNE 5, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in juvenile matters,

further defining "child" and "dependent child"; and providing

for court review and approval of voluntary foster care

extension agreements.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "child" and "dependent child"

in section 6302 of Title 42 of the Pennsylvania Consolidated

Statutes are amended 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."  An individual who:

(1)  is under the age of 18 years;

(2)  is under the age of 21 years who committed an act of

delinquency before reaching the age of 18 years; [or]

(3)  was adjudicated dependent before reaching the age of

18 years and who, while engaged in a course of instruction or

treatment, requests the court to retain jurisdiction until

the course has been completed, but in no event shall a child

remain in a course of instruction or treatment past the age

of 21 years[.]; or

(4)  was adjudicated dependent before reaching 18 years

of age and who is at least 18 years of age and under 21 years

of age, and who enters into a written agreement with a county

agency for the continuation of foster care placement and

services in accordance with Article VII-A of the act of June

13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

* * *

"Dependent child."  A child who:

(1)  is without proper parental care or control,

subsistence, education as required by law, or other care or

control necessary for his physical, mental, or emotional

health, or morals. A determination that there is a lack of

proper parental care or control may be based upon evidence of

conduct by the parent, guardian or other custodian that

places the health, safety or welfare of the child at risk,

including evidence of the parent's, guardian's or other

custodian's use of alcohol or a controlled substance that

places the health, safety or welfare of the child at risk;

(2)  has been placed for care or adoption in violation of

law;

(3)  has been abandoned by his parents, guardian, or

other custodian;

(4)  is without a parent, guardian, or legal custodian;

(5)  while subject to compulsory school attendance is

habitually and without justification truant from school;

(6)  has committed a specific act or acts of habitual

disobedience of the reasonable and lawful commands of his

parent, guardian or other custodian and who is ungovernable

and found to be in need of care, treatment or supervision;

(7)  is under the age of ten years and has committed a

delinquent act;

(8)  has been formerly adjudicated dependent, and is

under the jurisdiction of the court, subject to its

conditions or placements and who commits an act which is

defined as ungovernable in paragraph (6);

(9)  has been referred pursuant to section 6323 (relating

to informal adjustment), and who commits an act which is

defined as ungovernable in paragraph (6); [or]

(10)  is born to a parent whose parental rights with

regard to another child have been involuntarily terminated

under 23 Pa.C.S. § 2511 (relating to grounds for involuntary

termination) within three years immediately preceding the

date of birth of the child and conduct of the parent poses a

risk to the health, safety or welfare of the child[.]; or

(11)  was adjudicated dependent before reaching 18 years

of age and who is 18 years of age or older and under 21 years

of age, and who enters into a written agreement with a county

agency for the continuation of foster care placement and

services in accordance with Article VII-A of the act of June

13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

* * *

Section 2.  Title 42 is amended by adding a section to read:

§ 6351.2.  Court review and approval of voluntary foster care

extension agreements.

(a)  General rule.--A court shall review a voluntary foster

care extension agreement entered into by a county agency and a

child pursuant to Article VII-A of the act of June 13, 1967

(P.L.31, No.21), known as the Public Welfare Code, where the

child is at least 18 years of age and under 21 years of age and

was declared dependent before reaching 18 years of age, to

extend foster care placement and services.

(b)  Basis for determination.--A court shall approve a

voluntary foster care extension agreement where the terms of the

agreement are in the best interest of the child. This

determination shall include consideration of the safety,

protection, mental and moral welfare of the child.

(c)  Time period of approval.--Court approval of a voluntary

foster care extension agreement shall extend the court's

determination that the child is dependent until the date on

which the agreement expires on its own terms or termination by

the county agency.

Section 3.  This act shall take effect in 180 days.