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. The definition of "child" in section 6302 of
9Title 42 of the Pennsylvania Consolidated Statutes, amended July
105, 2012 (P.L.880, No.91), is amended to read:

11§ 6302. Definitions.

12The following words and phrases when used in this chapter
13shall have, unless the context clearly indicates otherwise, the
14meanings given to them in this section:

15* * *

16"Child." An individual who:

17(1) is under the age of 18 years;

18(2) is under the age of 21 years who committed an act of
19delinquency before reaching the age of 18 years; or

1(3) is under the age of 21 years [and], was adjudicated
2dependent before reaching the age of 18 years[, who has 
3requested the court to retain jurisdiction and who remains 
4under the jurisdiction of the court as a dependent child 
5because the court has determined that the child is:

6(i) completing secondary education or an equivalent
7credential;

8(ii) enrolled in an institution which provides
9postsecondary or vocational education;

10(iii) participating in a program actively designed
11to promote or remove barriers to employment;

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

13(v) incapable of doing any of the activities 
14described in subparagraph (i), (ii), (iii) or (iv) due to 
15a medical or behavioral health condition, which is 
16supported by regularly updated information in the 
17permanency plan of the child.] and for whom court 
18jurisdiction has been continued or resumed pursuant to 
19this chapter.

20* * *

21Section 2. Section 6351(e)(3), (f) and (g) of Title 42,
22amended July 5, 2012 (P.L.880, No.91), are amended and
23subsections (e) and (f.1) are amended by adding paragraphs to
24read:

25§ 6351. Disposition of dependent child.

26* * *

27(e) Permanency hearings.--

28* * *

29(3) The court shall conduct permanency hearings as
30follows:

1(i) Within six months of:

2(A) the date of the child's removal from the
3child's parent, guardian or custodian for placement
4under section 6324 (relating to taking into custody)
5or 6332 or pursuant to a transfer of temporary legal
6custody or other disposition under subsection (a)(2),
7whichever is the earliest; [or]

8(B) each previous permanency hearing until the
9child is returned to the child's parent, guardian or
10custodian or removed from the jurisdiction of the
11court[.]; or

12(C) the date on which the child reaches 18 years
13of age.

14(ii) Within 30 days of:

15(A) an adjudication of dependency at which the
16court determined that aggravated circumstances exist
17and that reasonable efforts to prevent or eliminate
18the need to remove the child from the child's parent,
19guardian or custodian or to preserve and reunify the
20family need not be made or continue to be made;

21(B) a permanency hearing at which the court
22determined that aggravated circumstances exist and
23that reasonable efforts to prevent or eliminate the
24need to remove the child from the child's parent,
25guardian or custodian or to preserve and reunify the
26family need not be made or continue to be made and
27the permanency plan for the child is incomplete or
28inconsistent with the court's determination;

29(C) an allegation that aggravated circumstances
30exist regarding a child who has been adjudicated

1dependent, filed under section 6334(b) (relating to
2petition); or

3(D) a petition alleging that the hearing is
4necessary to protect the safety or physical, mental
5or moral welfare of a dependent child.

6(iii) If the court resumes jurisdiction of the child
7pursuant to subsection (j), permanency hearings shall be
8scheduled in accordance with applicable law until court
9jurisdiction is terminated, but no later than when the
10child attains 21 years of age.

11(4) If the court determines that the conditions for
12extension of court jurisdiction enumerated in subsection
13(f.1)(6) are met, the court shall continue to schedule
14permanency hearings in accordance with this section until
15court jurisdiction is terminated, but no later than when the
16child reaches 21 years of age.

17(f) Matters to be determined at permanency hearing.--At each
18permanency hearing, a court shall determine all of the
19following:

20(1) The continuing necessity for and appropriateness of
21the placement.

22(2) The appropriateness, feasibility and extent of
23compliance with the permanency plan developed for the child.

24(3) The extent of progress made toward alleviating the
25circumstances which necessitated the original placement.

26(4) The appropriateness and feasibility of the current
27placement goal for the child.

28(5) The likely date by which the placement goal for the
29child might be achieved.

30(5.1) Whether reasonable efforts were made to finalize

1the permanency plan in effect.

2(6) Whether the child is safe.

3(7) If the child has been placed outside the
4Commonwealth, whether the placement continues to be best
5suited to the safety, protection and physical, mental and
6moral welfare of the child.

7(8) The services needed to assist a child who is 16
8years of age or older to make the transition to independent
9living.

10(8.1) Whether the child continues to meet the definition
11of "child" and has requested that the court continue
12jurisdiction pursuant to section 6302 if the child is between
1318 and 21 years of age.

14(8.2) That a transition plan has been presented in
15accordance with section 475 of the Social Security Act (49
16Stat. 620, 42 U.S.C. § 675(5)(H)).

17(9) If the child has been in placement for at least 15
18of the last 22 months or the court has determined that
19aggravated circumstances exist and that reasonable efforts to
20prevent or eliminate the need to remove the child from the
21child's parent, guardian or custodian or to preserve and
22reunify the family need not be made or continue to be made,
23whether the county agency has filed or sought to join a
24petition to terminate parental rights and to identify,
25recruit, process and approve a qualified family to adopt the
26child unless:

27(i) the child is being cared for by a relative best
28suited to the physical, mental and moral welfare of the
29child;

30(ii) the county agency has documented a compelling

1reason for determining that filing a petition to
2terminate parental rights would not serve the needs and
3welfare of the child; or

4(iii) the child's family has not been provided with
5necessary services to achieve the safe return to the
6child's parent, guardian or custodian within the time
7frames set forth in the permanency plan.

8(10) If a sibling of a child has been removed from his
9home and is in a different placement setting than the child,
10whether reasonable efforts have been made to place the child
11and the sibling of the child together or whether such joint
12placement is contrary to the safety or well-being of the
13child or sibling.

14(11) If the child has a sibling, whether visitation of
15the child with that sibling is occurring no less than twice a
16month, unless a finding is made that visitation is contrary
17to the safety or well-being of the child or sibling.

18(12) If the child who meets the conditions set forth in
19subsection (f.1)(6) has:

20(i) (A) been informed that the child may request
21the court to continue jurisdiction after the child
22reaches 18 years of age and that the child may
23request the court resume jurisdiction any time prior
24to when the child reaches 21 years of age if
25discharged from the court's jurisdiction; and

26(B) requested that the court's jurisdiction be
27continued after the child reaches 18 years of age,
28but in no circumstances beyond 21 years of age, on
29the basis that the child meets any of the conditions
30set forth in subsection (f.1)(6).

1(ii) been informed of services available to the
2child if the child remains under the jurisdiction of the
3court.

4For children placed in foster care on or before November 19,
51997, the county agency shall file or join a petition for
6termination of parental rights under this subsection in
7accordance with section 103(c)(2) of the Adoption and Safe
8Families Act of 1997 (Public Law 105-89, 111 Stat. 2119).

9(f.1) Additional determination.--Based upon the
10determinations made under subsection (f) and all relevant
11evidence presented at the hearing, the court shall determine one
12of the following:

13* * *

14(6) Whether the child will remain under the jurisdiction
15of the court after the child reaches 18 years of age and the
16duration of the court's jurisdiction, which in no case shall
17continue once the child reaches 21 years of age, based on a
18determination by the court that the child meets any of the
19following conditions:

20(i) is completing a secondary education program or a
21program leading to an equivalent credential;

22(ii) is enrolled in an institution that provides 
23postsecondary or vocational education;

24(iii) is participating in a program or activity
25designed to promote employment or remove barriers to
26employment;

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

28(v) is incapable of doing any of the activities
29described in subparagraph (i), (ii), (iii) or (iv) due to
30a medical or behavioral health condition, which

1incapability is supported by regularly updated
2information in the case plan of the child.

3* * *

4(g) Court order.--On the basis of the determination made
5under subsection (f.1), the court shall order the continuation,
6modification or termination of placement or other disposition
7which is best suited to the safety, protection and physical,
8mental and moral welfare of the child, including continuation of 
9jurisdiction over a child who is determined to meet one of the 
10conditions enumerated in subsection (f.1)(6).

11* * *

12Section 3. Title 42 is amended by adding a section to read:

13§ 6351.2. Termination of or continued jurisdiction.

14(a) Court hearing.--A court hearing shall be held to
15terminate the court's jurisdiction over a dependent child who is
1618 years of age or older. At the hearing, the court shall
17determine if the county agency has identified services needed to
18assist the child to make the transition to independent living.

19(b) Continued jurisdiction.--The court shall continue
20jurisdiction if the court determines that the county agency has
21not determined the services that are needed for the child to
22make the transition to independent living. The court shall order
23continued jurisdiction for a period of time in order for the
24county agency to comply with this requirement.

25(c) Petition to resume jurisdiction.--

26(1) At any time prior to a child reaching 21 years of
27age, a child for whom dependency jurisdiction was terminated
28when the child was 18 years of age or older may request that
29the court resume dependency jurisdiction if the child meets
30any one of the conditions enumerated in section 6351(f.1.)(6)

1(relating to disposition of dependent child).

2(2) A petition can be filed in the county wherein the
3child was formerly adjudicated dependent as follows:

4(i) Upon the child's request to the county agency to
5resume dependency jurisdiction, the county agency shall
6file a petition with the court pursuant to section 6334
7(relating to petition) for an adjudication that court
8jurisdiction shall be resumed.

9(ii) The child's guardian ad litem or legal counsel
10appointed prior to the child's discharge from the
11jurisdiction of the court may file a petition at the
12request of the child.

13(iii) If the child contacts the court directly and
14requests that a petition to resume court jurisdiction be
15filed, the court shall make available sample petitions to
16the child.

17(3) A hearing on the petition shall be scheduled in
18accordance with section 6335 (relating to release or holding
19of hearing).

20(4) The court shall appoint a guardian ad litem or legal
21counsel for the child pursuant to section 6311 (relating to
22guardian ad litem for child in court proceedings) and section
236337 (relating to right to counsel) in any proceeding under
24this chapter. If possible, the court shall appoint the
25guardian ad litem or legal counsel who represented the child
26in a prior dependency proceeding.

27(5) If the court resumes jurisdiction of the child,
28permanency review hearings shall be scheduled in accordance
29with section 6351 until court jurisdiction is terminated, but
30no later than when the child attains 21 years of age.

1Section 4. This act shall take effect in one year.