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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BOSCOLA, BROWNE, TARTAGLIONE, FERLO AND FONTANA, FEBRUARY 25, 2011 |
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| REFERRED TO JUDICIARY, FEBRUARY 25, 2011 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, providing for assessment |
3 | and counseling of chronic runaway children. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 6302 of Title 42 of the Pennsylvania |
7 | Consolidated Statutes is amended by adding a definition to read: |
8 | § 6302. Definitions. |
9 | The following words and phrases when used in this chapter |
10 | shall have, unless the context clearly indicates otherwise, the |
11 | meanings given to them in this section: |
12 | * * * |
13 | "Chronic runaway child." A child who comes to the attention |
14 | of law enforcement officers as a runaway more than once in any |
15 | month or at least three times in any year. |
16 | * * * |
17 | Section 2. Sections 6327(f) and 6331 of Title 42 are amended |
18 | to read: |
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1 | § 6327. Place of detention. |
2 | * * * |
3 | (f) Development of approved shelter care programs.-- |
4 | (1) The Department Public Welfare shall develop or |
5 | assist in the development in each county of this Commonwealth |
6 | approved programs for the provision of shelter care for |
7 | children needing these services who have been taken into |
8 | custody under section 6324 (relating to taking into custody) |
9 | and for children referred to or under the jurisdiction of the |
10 | court. |
11 | (2) A county may develop a chronic runaway children |
12 | treatment plan to address problems with chronic runaway |
13 | children in the county. The county must submit the plan to |
14 | the department for approval and may request funding for its |
15 | implementation, and the department may award funding to a |
16 | county to implement an approved county runaway children |
17 | treatment plan. The plan must identify the problems |
18 | associated with chronic runaway children in the county and |
19 | specific solutions the county will implement, including, but |
20 | not limited to, the development and operation of a chronic |
21 | runaway children assessment and counseling center. |
22 | § 6331. Release from detention or commencement of proceedings. |
23 | (a) General rule.--If a child is brought before the court or |
24 | delivered to a detention or shelter care facility designated by |
25 | the court, the intake or other authorized officer of the court |
26 | shall immediately make an investigation and release the child |
27 | unless it appears that his detention or shelter care is |
28 | warranted or required under section 6325 (relating to detention |
29 | of child). The release of the child shall not prevent the |
30 | subsequent filing of a petition as provided in this chapter. If |
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1 | he is not so released, a petition shall be promptly made and |
2 | presented to the court within 24 hours or the next court |
3 | business day of the admission of the child to detention or |
4 | shelter care. |
5 | (b) Chronic runaway children.-- |
6 | (1) Within 24 hours of being detained, either in a |
7 | runaway assessment and treatment center or a detention |
8 | facility, a chronic runaway child shall be assessed by a |
9 | counselor who specializes in runaway profiles to determine |
10 | the following: |
11 | (i) The reasons why the child is a chronic runaway. |
12 | (ii) Whether the child should be adjudicated |
13 | dependent. |
14 | (iii) What treatment procedures should be prescribed |
15 | for the child and for the parent, legal guardian or |
16 | custodian from whom the child ran away. |
17 | (2) As soon as practicable following the assessment, and |
18 | not later than the informal hearing required under section |
19 | 6332 (relating to informal hearing), the child, the counselor |
20 | and the child's parent, legal guardian or custodian shall |
21 | meet in an initial counseling session for the purpose of: |
22 | (i) Identifying the underlying causes for the |
23 | runaway behavior. |
24 | (ii) Developing a plan to address those causes. |
25 | (3) A chronic runaway child shall be released from a |
26 | runaway assessment and treatment center to the child's |
27 | parent, legal guardian or custodian after the initial |
28 | counseling session unless the counselor believes that it |
29 | would not be in the best interest of the child to do so. |
30 | (4) A chronic runaway child may be adjudicated dependent |
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1 | if the child's parent: |
2 | (i) Fails to attend this initial counseling session. |
3 | (ii) Is unwilling to take custody of the child at |
4 | the conclusion of the informal hearing. |
5 | (iii) The court finds other compelling reasons to do |
6 | so, including, but not limited to, the counselor's |
7 | recommendations. |
8 | Section 3. This act shall take effect in 60 days. |
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