AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in juvenile matters,
3further providing for definitions and for disposition of
4dependent child; and providing for termination of
5jurisdiction.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Section 6302 of Title 42 of the Pennsylvania
9Consolidated Statutes is amended by adding a definition to read:

10§ 6302. Definitions.

11The following words and phrases when used in this chapter
12shall have, unless the context clearly indicates otherwise, the
13meanings given to them in this section:

14* * *

15"Transition plan." A plan that is prepared by a county
16agency in accordance with section 6351.2(b) (relating to
17termination of jurisdiction) and that is developed by a county
18agency in cooperation with the child and other individuals
19identified by the county agency, the child and the child's

1guardian ad litem or legal counsel to assist the child in making
2a transition to independence.

3Section 2. Section 6351(e)(3) and (f)(8) of Title 42,
4amended July 5, 2012 (P.L.880, No.91), are amended and
5subsections (e) and (f.1) are amended by adding paragraphs to
6read:

7§ 6351. Disposition of dependent child.

8* * *

9(e) Permanency hearings.--

10* * *

11(3) The court shall conduct permanency hearings as
12follows:

13(i) Within six months of:

14(A) the date of the child's removal from the
15child's parent, guardian or custodian for placement
16under section 6324 (relating to taking into custody)
17or 6332 or pursuant to a transfer of temporary legal
18custody or other disposition under subsection (a)(2),
19whichever is the earliest; [or]

20(B) each previous permanency hearing until the
21child is returned to the child's parent, guardian or
22custodian or removed from the jurisdiction of the
23court[.]; or

24(C) the date on which the child reaches 18 years
25of age.

26(ii) Within 30 days of:

27(A) an adjudication of dependency at which the
28court determined that aggravated circumstances exist
29and that reasonable efforts to prevent or eliminate
30the need to remove the child from the child's parent,

1guardian or custodian or to preserve and reunify the
2family need not be made or continue to be made;

3(B) a permanency hearing at which the court
4determined that aggravated circumstances exist and
5that reasonable efforts to prevent or eliminate the
6need to remove the child from the child's parent,
7guardian or custodian or to preserve and reunify the
8family need not be made or continue to be made and
9the permanency plan for the child is incomplete or
10inconsistent with the court's determination;

11(C) an allegation that aggravated circumstances
12exist regarding a child who has been adjudicated
13dependent, filed under section 6334(b) (relating to
14petition); or

15(D) a petition alleging that the hearing is
16necessary to protect the safety or physical, mental
17or moral welfare of a dependent child.

18(iii) If the court resumes jurisdiction of the child
19pursuant to subsection (j), permanency hearings shall be
20scheduled in accordance with applicable law until court
21jurisdiction is terminated, but no later than when the
22child attains 21 years of age.

23(4) If the court determines that a child shall remain
24under the jurisdiction of the court pursuant to the
25definition of "child" in section 6302, the court shall
26continue to schedule permanency hearings in accordance with
27this section until court jurisdiction is terminated, but no
28later than when the child reaches 21 years of age.

29(f) Matters to be determined at permanency hearing.--At each
30permanency hearing, a court shall determine all of the

1following:

2* * *

3(8) The services needed to assist a child who is 16
4years of age or older to make the transition to independent
5living, including a transition plan if one is required.

6* * *

7(f.1) Additional determination.--Based upon the
8determinations made under subsection (f) and all relevant
9evidence presented at the hearing, the court shall determine one
10of the following:

11* * *

12(6) Whether the child will remain under the jurisdiction
13of the court after the child reaches 18 years of age and the
14duration of the court's jurisdiction, which in no case shall
15continue once the child reaches 21 years of age.

16* * *

17Section 3. Title 42 is amended by adding a section to read:

18§ 6351.2. Termination of jurisdiction.

19(a) Court hearing.--A court hearing shall be held to
20terminate the court's jurisdiction over a dependent child who is
2118 years of age or older. At the hearing, the court shall
22determine if the county agency did the following:

23(1) held a transition plan meeting to develop a
24transition plan; and

25(2) prepared a transition plan.

26(b) Transition plan.--A transition plan shall be
27personalized at the direction of the child and shall include
28specific plans for housing, health insurance, education,
29opportunities for mentors and continuing support services, work
30force supports and employment services. The plan shall be

1prepared at least 180 days immediately prior to the date on
2which the child will reach 18 years of age or, if the court has
3extended jurisdiction for a child who is 18 years of age or
4older, then 180 days immediately prior to the anticipated
5termination of jurisdiction. It shall verify that the following
6information, documents and services have been provided to the
7child:

8(1) Written information concerning the child's
9dependency plan, including:

10(i) the child's family history and placement
11history;

12(ii) the whereabouts of any siblings under the
13jurisdiction of the juvenile court, unless the court
14determines that sibling contact would jeopardize the
15safety or welfare of the child or sibling; and

16(iii) the date on which the jurisdiction of the
17juvenile court would be terminated.

18(2) The following documents:

19(i) Social Security card.

20(ii) Certified birth certificate.

21(iii) Immunization and health records.

22(iv) Education records.

23(v) Documentation of the dates that the child was
24under the jurisdiction of the court.

25(vi) If applicable, proof of citizenship or
26residence.

27(vii) Driver's license or State identification card.

28(3) Evidence that the child has received assistance in
29completing an application for medical assistance or other
30health insurance.

1(4) In cases where the county agency is aware that the
2child has or may need behavioral health services,
3documentation that:

4(i) The child has been referred to the county mental
5health program established pursuant to the act of October
620, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the
7Mental Health and Mental Retardation Act of 1966.

8(ii) An assessment of current mental health needs
9has been completed by a mental health professional.

10(iii) If appropriate, a case manager through the
11county mental health program has been assigned to the
12child.

13(iv) If the assessment reveals a need for services,
14an interagency meeting has occurred among the child, any
15family members or individuals identified as important to
16the child, the child's county agency caseworker, the
17child's county mental health case manager, if any, a
18representative of the county adult mental health system,
19any service providers and other individuals with
20expertise on relevant systems who can assist in
21developing a written plan that identifies appropriate
22services for the child's transition from the court's
23jurisdiction.

24(v) Services recommended through the assessment and
25agreed upon during the interagency meeting described in
26subparagraph (iv), and included in the written plan, were
27made available on or before the planned discharge date,
28unless the services were applied for in a timely manner
29and there is an explanation as to why services could not
30be made available before discharge.

1(5) In cases where the child has been identified as
2having mental retardation, documentation that:

3(i) The child has been registered with the county
4mental retardation program established by the Mental
5Health and Mental Retardation Act of 1966.

6(ii) A service coordinator has been assigned to the
7child by the county mental retardation program.

8(iii) A Supports Intensity Scale (SIS) or similar
9tool has been completed as developed by the Department of
10Public Welfare.

11(iv) A current Prioritization of Urgency of Need for
12Services (PUNS) or successor form has been completed as
13developed by the Department of Public Welfare.

14(v) An interagency meeting to plan for the child's
15transition from the jurisdiction of the court occurred at
16least one year before the planned date of discharge, or
17at the earliest time possible if the child's discharge
18date is set for less than one year from the date it is
19recorded in the child's permanency plan, and that the
20meeting included the child, any family members or
21individuals identified as important to the child, the
22county agency caseworker, a provider of mental
23retardation services familiar with the child, the child's
24caseworker from the county mental retardation program,
25the child's supports coordinator, a representative from
26the Department of Public Welfare's developmental programs
27and representatives from appropriate educational
28programs.

29(6) In cases where the child has autism, documentation
30that:

1(i) The Bureau of Autism Services in the Department
2of Public Welfare was notified of the planned discharge
3at least one year prior to the child's planned discharge
4date recorded on the child's permanency plan or at the
5earliest time possible if the child's discharge date is
6set for less than one year from the date it is recorded
7in the child's permanency plan.

8(ii) The child's needs have been assessed and all
9appropriate services and waivers have been applied for.

10(iii) An interagency meeting to plan for the child's
11transition from the jurisdiction of the court occurred at
12least one year before the planned date of discharge, or
13at the earliest time possible if the child's discharge
14date is set for less than one year from the date it is
15recorded in the child's permanency plan, and that the
16meeting included the child, any family members or
17individuals identified as important to the child, the
18county agency caseworker, a representative from the
19Department of Public Welfare responsible for
20developmental programs and representatives from
21appropriate educational programs.

22(7) In cases where the child has a physical disability,
23documentation that the county agency has notified appropriate
24agencies that administer home-based and community-based
25waivers under the medical assistance program for adults with
26disabilities of the child's planned discharge and that an
27assessment has been made whether the child may be eligible
28for any waiver by the county agency and that an appropriate
29application has been submitted at least six months prior to
30the planned discharge recorded in the child's permanency plan

1or the earliest time possible if the child's discharge date
2is set for less than six months from the date it is recorded
3in the child's permanency plan.

4(8) A description of the child's suitable housing plan.

5(9) Documentation that the child has a source of income
6through employment or other legitimate means, which shall not
7include public benefits unless the child has been determined
8to be unable to work due to a disability.

9(10) Documentation of the child's education plan and
10that assistance has been provided in applying for admission
11to college, a vocational training program or other
12educational institution and in obtaining financial aid.

13(11) Documentation that the county agency assisted the
14child in identifying individuals who can support the child in
15the child's transition to adulthood, including the child's
16biological parents and relatives, especially where
17appropriate, and adults who can serve as mentors.

18(12) Documentation that the county agency has made
19reasonable efforts to achieve permanency for the child,
20including arranging for all available services and resources.

21(13) Documentation that an application for Supplemental
22Security Income (SSI) benefits has been submitted for any
23child with a disability 90 days prior to the child's
24discharge from the court's jurisdiction.

25(14) Documentation that the child has been informed by
26the county agency that the child may request the court to
27continue jurisdiction and that the child may request that the
28court resume jurisdiction prior to when the child attains 21
29years of age in accordance with this chapter.

30(c) Continued jurisdiction related to plan.--The court shall

1continue jurisdiction if the court determines that the county
2agency has not met the requirements of subsection (b), in which
3case the court shall order continued jurisdiction for a period
4of time in order that the county agency meet the requirements.

5Section 4. This act shall take effect in one year.