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," providing for family
4conferencing.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. The act of June 13, 1967 (P.L.31, No.21), known
8as the Public Welfare Code, is amended by adding an article to
9read:

10ARTICLE XIII-B

11FAMILY CONFERENCING

12Section 1301-B. Scope of article.

13This article relates to family conferencing.

14Section 1302-B. 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

1problems of an individual to admit or receive the individual as
2a client of the county agency or as required by a court order
3entered under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).

4"Child." As defined in section 1302.

5"Children and youth social services." Public child welfare
6services, including those activities or services designed to:

7(1) Prevent neglect, abuse and exploitation and help
8overcome problems that result in dependency and delinquency.

9(2) Provide services which protect children from
10continued harm to families in their own homes.

11(3) Provide temporary, substitute care in foster family
12homes or residential child care facilities for a child in
13need of care.

14(4) Reunite children and their families if children are
15placed in temporary substitute care.

16(5) Provide a permanent, legally assured family for
17children in temporary, substitute care who cannot be returned
18to their homes.

19(6) Provide court-ordered care or supervision to alleged
20or adjudicated dependent or delinquent children.

21"County agency." The county children and youth social
22service agency exercising the power and duties provided for in
23section 405 of the act of June 24, 1937 (P.L.2017, No.396),
24known as the County Institution District Law, or its successor,
25and supervised by the Department of Public Welfare under Article
26IX.

27"Family." A child's parents, stepparents, relatives and kin.

28"Family conferencing." A child welfare practice where a
29child's family, in consultation with a county agency or its
30designee, develops a service plan to address concerns for the

1child's safety, permanency and well-being through meetings
2sponsored by a county agency or its designee.

3"Kin." An individual 21 years of age or older who is one of
4the following:

5(1) A godparent of the child as recognized by an
6organized church.

7(2) A member of the child's tribe, nation or tribal
8organization.

9(3) An individual with a significant, positive
10relationship with the child or family.

11"Relative." As defined in section 1302.

12"Service plan." A written plan for a family receiving
13children and youth social services that is developed in
14accordance with Department of Public Welfare regulations.

15Section 1303-B. Offer of family conferencing.

16(a) General rule.--Within five years of the effective date
17of this article, a county agency shall offer all children and
18families who are accepted for service an opportunity to engage
19in family conferencing. Family conferencing shall be offered at
20least once annually as well as at key decision points that
21impact the development or revision of service plans for the
22child and the family. Family conferencing shall be offered until
23the child and the family's involvement with the county agency is
24terminated.

25(b) Exceptions.--The county agency is not required to offer
26family conferencing in the following situations:

27(1) The child has been adjudicated dependent pursuant to
2842 Pa.C.S. Ch. 63 (relating to juvenile matters) and a court
29has made a specific determination that family conferencing
30does not serve the best interests of the child or is a threat

1to the safety of the child or another family member.

2(2) The child is not under the jurisdiction of a court
3and the county agency has determined that continued family
4finding is a threat to the safety of the child or another
5family member. A determination that continued family finding
6is a threat to the safety of the child or another family
7member must be based on credible information about a specific
8safety threat, and the county agency shall document the
9reasons for its determination.

10(3) The child is in a preadoptive placement, and court
11proceedings to adopt the child have been commenced pursuant
12to 23 Pa.C.S. Pt. III (relating to adoption).

13Section 1304-B. Preparing for the family conference.

14The county agency shall consult with the child and the
15child's parents or legal guardian to determine who they want to
16invite to attend the family conference. The county agency shall
17allow the child and the child's siblings to participate in the
18family conference in a manner appropriate to age and maturity.
19The county agency is responsible for preparing the family and
20child to safely participate in the family conference and
21identifying services available to assist the family with
22addressing concerns identified by the county agency or a court.
23This preparation shall include, but is not limited to, informing
24the family and the child about the purpose and the goal of the
25family conference and identifying services available to assist
26the family with addressing concerns identified by the county
27agency or a court. The county agency is responsible for equally
28promoting maternal and paternal family involvement in the family
29conference.

30Section 1305-B. Family responsibilities.

1The family shall be responsible for the development of a
2service plan during the family conference. The service plan
3shall address the concerns of safety, permanency and well-being
4within the family as well as other concerns which have been
5identified by the county agency or a court regarding the child.

6Section 1306-B. Family discussion.

7The family conference shall include a private discussion by
8the family about the available resources within the family, the
9community and the county agency. The family shall be responsible
10for determining which resources to utilize to address the
11concerns of safety, permanency and well-being identified by the
12county agency or a court.

13Section 1307-B. Service plan requirements.

14In order for a service plan to take effect, it must be
15approved by the county agency or a court. If a family is unable
16to develop an approved service plan through the family
17conference, the county agency shall determine other means to
18engage the family and the child, if appropriate, in the
19development of a service plan that addresses the concerns of
20safety, permanency and well-being identified by the county
21agency or a court. The county agency shall support the
22implementation of a service plan and attempt to ensure that the
23implementation of the service plan resolves the safety,
24permanency and well-being concerns identified by the county
25agency or a court. Reasonable efforts to engage the child's
26family in decisions regarding the child's safety, permanency or
27well-being shall be made by the county agency on an ongoing
28basis until the child's involvement with the county agency is
29terminated.

30Section 1308-B. Implementation of family conferencing.

1The department shall require county agencies to gradually
2implement family conferencing so that county agencies are
3prepared to comply with this article as follows:

4(1) Within three years of the effective date of this
5article, a county agency shall offer opportunity to engage in
6family conferencing to all children and families where the
7child has been placed outside the home.

8(2) Within five years of the effective date of this
9article, a county agency shall offer opportunity to engage in
10family conferencing to all children and families who are
11accepted for service.

12Section 1309-B. Regulations.

13Within one year of the effective date of this article, the
14department shall promulgate regulations necessary to carry out
15the provisions of this article.

16Section 2. This act shall take effect in 60 days.