THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BISHOP, TALLMAN, JOHNSON, WHEATLEY, VULAKOVICH, YOUNGBLOOD, BROWNLEE, V. BROWN, BOBACK, MURT AND CRUZ, FEBRUARY 10, 2011

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 10, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in juvenile matters,

further providing for definitions and for disposition of

dependent child; and providing for termination of

jurisdiction.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "child" in section 6302 of

Title 42 of the Pennsylvania Consolidated Statutes is 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)  is under the age of 21 years, 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] for

whom court jurisdiction has been continued or resumed

pursuant to this chapter.

* * *

Section 2.  Section 6351(e)(3), (f) and (g) of Title 42,

amended November 23, 2010 (P.L.  , No.115), are amended and

subsections (e) and (f.1) are amended by adding paragraphs to

read:

§ 6351.  Disposition of dependent child.

* * *

(e)  Permanency hearings.--

* * *

(3)  The court shall conduct permanency hearings as

follows:

(i)  Within six months of:

(A)  the date of the child's removal from the

child's parent, guardian or custodian for placement

under section 6324 (relating to taking into custody)

or 6332 or pursuant to a transfer of temporary legal

custody or other disposition under subsection (a)(2),

whichever is the earliest; [or]

(B)  each previous permanency hearing until the

child is returned to the child's parent, guardian or

custodian or removed from the jurisdiction of the

court[.]; or

(C)  the date on which the child reaches 18 years

of age.

(ii)  Within 30 days of:

(A)  an adjudication of dependency at which the

court determined that aggravated circumstances exist

and that reasonable efforts to prevent or eliminate

the need to remove the child from the child's parent,

guardian or custodian or to preserve and reunify the

family need not be made or continue to be made;

(B)  a permanency hearing at which the court

determined that aggravated circumstances exist and

that reasonable efforts to prevent or eliminate the

need to remove the child from the child's parent,

guardian or custodian or to preserve and reunify the

family need not be made or continue to be made and

the permanency plan for the child is incomplete or

inconsistent with the court's determination;

(C)  an allegation that aggravated circumstances

exist regarding a child who has been adjudicated

dependent, filed under section 6334(b) (relating to

petition); or

(D)  a petition alleging that the hearing is

necessary to protect the safety or physical, mental

or moral welfare of a dependent child.

(4)  If the court determines that the conditions for

extension of court jurisdiction enumerated in subsection

(f.1)(6) are met, the court shall continue to schedule

permanency hearings in accordance with this section until

court jurisdiction is terminated, but no later than when the

child reaches 21 years of age.

(f)  Matters to be determined at permanency hearing.--At each

permanency hearing, a court shall determine all of the

following:

(1)  The continuing necessity for and appropriateness of

the placement.

(2)  The appropriateness, feasibility and extent of

compliance with the permanency plan developed for the child.

(3)  The extent of progress made toward alleviating the

circumstances which necessitated the original placement.

(4)  The appropriateness and feasibility of the current

placement goal for the child.

(5)  The likely date by which the placement goal for the

child might be achieved.

(5.1)  Whether reasonable efforts were made to finalize

the permanency plan in effect.

(6)  Whether the child is safe.

(7)  If the child has been placed outside the

Commonwealth, whether the placement continues to be best

suited to the safety, protection and physical, mental and

moral welfare of the child.

(8)  The services needed to assist a child who is 16

years of age or older to make the transition to independent

living.

(9)  If the child has been in placement for at least 15

of the last 22 months or the court has determined that

aggravated circumstances exist and that reasonable efforts to

prevent or eliminate the need to remove the child from the

child's parent, guardian or custodian or to preserve and

reunify the family need not be made or continue to be made,

whether the county agency has filed or sought to join a

petition to terminate parental rights and to identify,

recruit, process and approve a qualified family to adopt the

child unless:

(i)  the child is being cared for by a relative best

suited to the physical, mental and moral welfare of the

child;

(ii)  the county agency has documented a compelling

reason for determining that filing a petition to

terminate parental rights would not serve the needs and

welfare of the child; or

(iii)  the child's family has not been provided with

necessary services to achieve the safe return to the

child's parent, guardian or custodian within the time

frames set forth in the permanency plan.

(10)  If a sibling of a child has been removed from his

home and is in a different placement setting than the child,

whether reasonable efforts have been made to place the child

and the sibling of the child together or whether such joint

placement is contrary to the safety or well-being of the

child or sibling.

(11)  If the child has a sibling, whether visitation of

the child with that sibling is occurring no less than twice a

month, unless a finding is made that visitation is contrary

to the safety or well-being of the child or sibling.

(12)  If the child who meets the conditions set forth in

subsection (f.1)(6) has:

(i)  (A)  been informed that the child may request

the court to continue jurisdiction after the child

reaches 18 years of age and that the child may

request the court resume jurisdiction any time prior

to when the child reaches 21 years of age if

discharged from the court's jurisdiction; and

(B)  requested that the court's jurisdiction be

continued after the child reaches 18 years of age,

but in no circumstances beyond 21 years of age, on

the basis that the child meets any of the conditions

set forth in subsection (f.1)(6).

(ii)  been informed of services available to the

child if the child remains under the jurisdiction of the

court.

For children placed in foster care on or before November 19,

1997, the county agency shall file or join a petition for

termination of parental rights under this subsection in

accordance with section 103(c)(2) of the Adoption and Safe

Families Act of 1997 (Public Law 105-89, 111 Stat. 2119).

(f.1)  Additional determination.--Based upon the

determinations made under subsection (f) and all relevant

evidence presented at the hearing, the court shall determine one

of the following:

* * *

(6)  Whether the child will remain under the jurisdiction

of the court after the child reaches 18 years of age and the

duration of the court's jurisdiction, which in no case shall

continue once the child reaches 21 years of age, based on a

determination by the court that the child meets any of the

following conditions:

(i)  is completing a secondary education program or a

program leading to an equivalent credential;

(ii)  is enrolled in an institution that provides

postsecondary or vocational education;

(iii)  is participating in a program or activity

designed to promote employment or remove barriers to

employment;

(iv)  is employed for at least 80 hours per month; or

(v)  is incapable of doing any of the activities

described in subparagraph (i), (ii), (iii) or (iv) due to

a medical or behavioral health condition, which

incapability is supported by regularly updated

information in the case plan of the child.

* * *

(g)  Court order.--On the basis of the determination made

under subsection (f.1), the court shall order the continuation,

modification or termination of placement or other disposition

which is best suited to the safety, protection and physical,

mental and moral welfare of the child, including continuation of

jurisdiction over a child who is determined to meet one of the

conditions enumerated in subsection (f.1)(6).

* * *

Section 3.  Title 42 is amended by adding a section to read:

§ 6351.2.  Termination of or continued jurisdiction.

(a)  Court hearing.--A court hearing shall be held to

terminate the court's jurisdiction over a dependent child who is

18 years of age or older. At the hearing, the court shall

determine if the county agency has identified services needed to

assist the child to make the transition to independent living.

(b)  Continued jurisdiction.--The court shall continue

jurisdiction if the court determines that the county agency has

not determined the services that are needed for the child to

make the transition to independent living. The court shall order

continued jurisdiction for a period of time in order for the

county agency to comply with this requirement.

(d)  Petition to resume jurisdiction.--

(1)  At any time prior to a child reaching 21 years of

age, a child for whom dependency jurisdiction was terminated

when the child was 18 years of age or older may request that

the court resume dependency jurisdiction if the child meets

any one of the conditions enumerated in section 6351(f.1.)(6)

(relating to disposition of dependent child).

(2)  A petition can be filed in the county wherein the

child was formerly adjudicated dependent as follows:

(i)  Upon the child's request to the county agency to

resume dependency jurisdiction, the county agency shall

file a petition with the court pursuant to section 6334

(relating to petition) for an adjudication that court

jurisdiction shall be resumed.

(ii)  The child's guardian ad litem or legal counsel

appointed prior to the child's discharge from the

jurisdiction of the court may file a petition at the

request of the child.

(iii)  If the child contacts the court directly and

requests that a petition to resume court jurisdiction be

filed, the court shall make available sample petitions to

the child.

(3)  A hearing on the petition shall be scheduled in

accordance with section 6335 (relating to release or holding

of hearing).

(4)  The court shall appoint a guardian ad litem or legal

counsel for the child pursuant to section 6311 (relating to

guardian ad litem for child in court proceedings) and section

6337 (relating to right to counsel) in any proceeding under

this chapter. If possible, the court shall appoint the

guardian ad litem or legal counsel who represented the child

in a prior dependency proceeding.

(5)  If the court resumes jurisdiction of the child,

permanency review hearings shall be scheduled in accordance

with section 6351 until court jurisdiction is terminated, but

no later than when the child attains 21 years of age.

Section 4.  This act shall take effect in one year.