AN ACT

 

1Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2act to consolidate, editorially revise, and codify the public
3welfare laws of the Commonwealth," in kinship care, further
4providing for scope and for definitions; and providing for
5family finding.

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

8Section 1. The heading of Article XIII of the act of June
913, 1967 (P.L.31, No.21), known as the Public Welfare Code,
10added September 30, 2003 (P.L.169, No.25), is amended to read:

11ARTICLE XIII

12FAMILY FINDING AND KINSHIP CARE

13Section 2. Section 1301 of the act, added September 30, 2003
14(P.L.169, No.25), is amended to read:

15Section 1301. [Scope] Legislative intent.

16[This article relates to the Kinship Care Program.] This 
17article is intended to ensure that family finding occurs on an 
18ongoing basis for all children entering the child welfare 

1system. This article is also intended to promote the use of 
2kinship care when it is necessary to remove a child from the 
3child's home in an effort to:

4(1) Identify and build positive connections between the
5child and the child's relatives and kin.

6(2) Support the engagement of relatives and kin in
7children and youth social service planning and delivery.

8(3) Create a network of extended family support to
9assist in remedying the concerns that led the child to be
10involved with the county agency.

11Section 3. Section 1302 of the act is amended by adding
12definitions to read:

13Section 1302. Definitions.

14The following words and phrases when used in this article
15shall have the meanings given to them in this section unless the
16context clearly indicates otherwise:

17"Accept for service." Decide on the basis of the needs and
18problems of an individual to admit or receive the individual as
19a client of the county agency or as required by a court order
20entered under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).

21* * *

22"Family finding." Ongoing diligent efforts between a county
23agency, or its contracted providers, and relatives and kin to:

24(1) Search for and identify adult maternal and paternal
25relatives and kin and engage them in children and youth
26social service planning and delivery.

27(2) Gain commitment from relatives and kin to support a
28child or parent receiving children and youth social services.

29* * *

30Section 4. The act is amended by adding sections to read:

1Section 1302.1. Family finding required.

2Family finding shall be conducted for a child when the child
3is accepted for services and at least annually thereafter, until
4the child's involvement with the county agency is terminated or
5the family finding is discontinued in accordance with section
61302.2.

7Section 1302.2. Discontinuance of family finding.

8(a) General rule.--A county agency may discontinue family
9finding for a child under the following circumstances:

10(1) The child has been adjudicated dependent pursuant to
1142 Pa.C.S. Ch. 63 (relating to juvenile matters) and a court
12has made a specific determination that continued family
13finding no longer serves the best interests of the child or
14is a threat to the child's safety.

15(2) The child is not under the jurisdiction of a court
16and the county agency has determined that continued family
17finding is a threat to the child's safety. A determination
18that continued family finding is a threat to the child's
19safety must be based on credible information about a specific
20safety threat, and the county agency shall document the
21reasons for its determination.

22(3) The child is a preadoptive placement, and court
23proceedings to adopt the child have been commenced pursuant
24to 23 Pa.C.S. Part III (relating to adoption).

25(b) Resuming family finding.--Notwithstanding the provisions
26of subsection (a), a county agency shall resume family finding
27for a child if resuming family finding serves the best interest
28of the child and does not pose a threat to the child's safety.

29Section 5. Within one year of the effective date of the
30amendment or addition of sections 1301, 1302, 1302.1 and 1302.2

1of the act, the Department of Public Welfare shall promulgate
2regulations providing for the requirements of county agencies.

3Section 6. This act shall take effect in 60 days.