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
 

1ongoing basis for all children entering the child welfare 
2system. This article is also intended to promote the use of 
3kinship care when it is necessary to remove a child from the 
4child's home in an effort to:

5(1) Identify and build positive connections between the
6child and the child's relatives and kin.

7(2) Support the engagement of relatives and kin in
8children and youth social service planning and delivery.

9(3) Create a network of extended family support to
10assist in remedying the concerns that led the child to be
11involved with the county agency.

12Section 3. Section 1302 of the act is amended by adding
13definitions to read:

14Section 1302. Definitions.

15The following words and phrases when used in this article
16shall have the meanings given to them in this section unless the
17context clearly indicates otherwise:

18"Accept for service." Decide on the basis of the needs and
19problems of an individual to admit or receive the individual as
20a client of the county agency or as required by a court order
21entered under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).

22* * *

23"Family finding." Ongoing diligent efforts between a county
24agency, or its contracted providers, and relatives and kin to:

25(1) Search for and identify adult <-maternal and paternal
26relatives and kin and engage them in children and youth
27social service planning and delivery.

28(2) Gain commitment from relatives and kin to support a
29child or parent receiving children and youth social services.

30* * *

1Section 4. The act is amended by adding sections to read:

2Section 1302.1. Family finding required.

3Family finding shall be conducted for a child when the child
4is accepted for services and at least annually thereafter, until
5the child's involvement with the county agency is terminated or
6the family finding is discontinued in accordance with section
71302.2.

8Section 1302.2. Discontinuance of family finding.

9(a) General rule.--A county agency may discontinue family
10finding for a child under the following circumstances:

11(1) The child has been adjudicated dependent pursuant to
1242 Pa.C.S. Ch. 63 (relating to juvenile matters) and a court
13has made a specific determination that continued family
14finding no longer serves the best interests of the child or
15is a threat to the child's safety.

16(2) The child is not under the jurisdiction of a court
17and the county agency has determined that continued family
18finding is a threat to the child's safety. A determination
19that continued family finding is a threat to the child's
20safety must be based on credible information about a specific
21safety threat, and the county agency shall document the
22reasons for its determination.

23(3) The child is in a preadoptive placement, and court
24proceedings to adopt the child have been commenced pursuant
25to 23 Pa.C.S. Part III (relating to adoption).

26(b) Resuming family finding.--Notwithstanding the provisions
27of subsection (a), a county agency shall resume family finding
28for a child if:

29(1) the child is under the jurisdiction of a court, and
30the court determines that resuming family finding is best

1suited to the safety, protection and physical, mental and
2moral welfare of the child and does not pose a threat to the
3child's safety; or

4(2) the child is not under the jurisdiction of a court,
5and <-the county agency determines that resuming family finding
6serves the best interest of the child and does not pose a
7threat to the child's safety.

8Section 5. Within one year of the effective date of the
9amendment or addition of sections 1301, 1302, 1302.1 and 1302.2
10of the act, the Department of Public Welfare shall promulgate
11regulations providing for the requirements of county agencies.

12Section 6. This act shall take effect in 60 days.