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," 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:

1"Accept for service." Decide on the basis of the needs and
2problems of an individual to admit or receive the individual as
3a client of the county agency or as required by a court order
4entered under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).

5"Child." As defined in section 1302.

6"Children and youth social services." Public child welfare
7services, including those activities or services designed to:

8(1) Prevent neglect, abuse and exploitation and help
9overcome problems that result in dependency and delinquency.

10(2) Provide services which protect children from
11continued harm to families in their own homes.

12(3) Provide temporary, substitute care in foster family
13homes or residential child care facilities for a child in
14need of care.

15(4) Reunite children and their families if children are
16placed in temporary substitute care.

17(5) Provide a permanent, legally assured family for
18children in temporary, substitute care who cannot be returned
19to their homes.

20(6) Provide court-ordered care or supervision to alleged
21or adjudicated dependent or delinquent children.

<-22"County agency." The county children and youth social
23service agency exercising the power and duties provided for in
24section 405 of the act of June 24, 1937 (P.L.2017, No.396),
25known as the County Institution District Law, or its successor,
26and supervised by the Department of Public Welfare under Article
27IX.

<-28"County agency." As defined in section 1302.

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

30"Family conferencing." A child welfare practice where a

1child's family, in consultation with a county agency or its
2designee, develops a <-service plan to address concerns for the
3child's safety, permanency and well-being through meetings
4sponsored by a county agency or its designee.

<-5"Kin." An individual 21 years of age or older who is one of
6the following:

7(1) A godparent of the child as recognized by an
8organized church.

9(2) A member of the child's tribe, nation or tribal
10organization.

11(3) An individual with a significant, positive
12relationship with the child or family.

<-13"Kin." As defined in section 1302.

14"Relative." As defined in section 1302.

15"Service plan." A written plan for a family receiving
16children and youth social services that is developed in
17accordance with Department of Public Welfare regulations.

18Section 1303-B. Offer of family conferencing.

19(a) General rule.--Within five years of the effective date
20of this article, a county agency shall offer all children and
21families who are accepted for service an opportunity to engage
22in family conferencing. Family conferencing shall be offered at
<-23least once annually as well as at key decision points that
24impact the development or revision of service plans for the
25child and the family. Family conferencing shall be offered until
26the child and the family's involvement with the county agency is
27terminated.

28(b) Exceptions.--The county agency is not required to offer
29family conferencing in the following situations:

30(1) The child has been adjudicated dependent pursuant to

142 Pa.C.S. Ch. 63 (relating to juvenile matters) and <-a the
2court has made a specific determination that family
3conferencing <-does not serve the best interests of the child
<-4is not best suited to the safety, protection and physical,
5mental and moral welfare of the child or is a threat to the
6safety of the child or another family member.

7(2) The child is not under the jurisdiction of <-a the
8court and the county agency has determined that continued
9family <-finding conferencing is a threat to the safety of the
10child or another family member. A determination that
11continued family finding <-conferencing is a threat to the
12safety of the child or another family member must be based on
13credible information about a specific safety threat, and the
14county agency shall document the reasons for its
15determination.

16(3) The child is in a preadoptive placement, and court
17proceedings to adopt the child have been commenced pursuant
18to 23 Pa.C.S. Pt. III (relating to adoption).

19Section 1304-B. Preparing for the family conference.

<-20The county agency shall consult with the child and the
21child's parents or legal guardian to determine who they want to
22invite to attend the family conference. The county agency shall
23allow the child and the child's siblings to participate in the
24family conference in a manner appropriate to age and maturity.
25The county agency is responsible for preparing the family and
26child to safely participate in the family conference and
27identifying services available to assist the family with
28addressing concerns identified by the county agency or a court.
29This preparation shall include, but is not limited to, informing
30the family and the child about the purpose and the goal of the

1family conference and identifying services available to assist
2the family with addressing concerns identified by the county
3agency or a court. The county agency is responsible for equally
4promoting maternal and paternal family involvement in the family
5conference.

<-6The county agency's responsibilities when preparing for the
7family conference shall include, but are not limited to:

8(1) Consulting with the child and the child's parents or
9legal guardian to determine who they want to invite to attend
10the family conference.

11(2) Allowing the child and the child's siblings to
12participate in the family conference in a manner appropriate
13to age and maturity.

14(3) Preparing the family and child to safely participate
15in the family conference. This preparation includes, but is
16not limited to:

17(i) Identifying services available to assist the
18family with addressing concerns identified by the county
19agency or the court.

20(ii) Informing the family about the purpose and the
21goal of the family conference and the identified services
22available to assist them with addressing the concerns for
23the child.

24(4) Equally promoting maternal and paternal family
25involvement in the family conference.

26(5) Consulting relevant service providers.

27(6) Consulting and engaging the child's guardian ad
28litem and the parent's attorney, if applicable.

29Section 1305-B. Family responsibilities.

30The family shall be responsible for the development of a
<-

1service plan during the family conference plan, which shall be
2incorporated into the service plan. The <-service plan shall
3address the concerns of safety, permanency and well-being within
4the family as well as other concerns which have been identified
5by the county agency or <-a the 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 the court. <-The family shall determine whether
13or not to hold this discussion in private. However, if the child
14is under the jurisdiction of the court, the court may require
15that the discussion be held in private by the family.

16Section 1307-B. <-Service plan Plan requirements.

17In order for a <-service plan to take effect, it must be
18approved by the county agency or a court. <-If the child is under
19the jurisdiction of the court, the plan must be submitted to the
20court for approval. If a family is unable to develop an approved
<-21service plan through the family conference, the county agency
22shall determine other means to engage the family and the child,
23if appropriate, in the development of a <-service plan that
24addresses the concerns of safety, permanency and well-being
25identified by the county agency or <-a the court. The county
26agency shall support the implementation of <-a service the plan
27and attempt to ensure that the implementation of the <-service
28plan resolves the safety, permanency and well-being concerns
29identified by the county agency or <-a the court. Reasonable
30efforts to engage the child's family in decisions regarding the

1child's safety, permanency or well-being shall be made by the
2county agency on an ongoing basis until the child's involvement
3with the county agency is terminated.

4Section 1308-B. Implementation of family conferencing.

5The department shall require county agencies to gradually
6implement family conferencing so that county agencies are
7prepared to comply with this article as follows:

8(1) Within three years of the effective date of this
9article, a county agency shall offer opportunity to engage in
10family conferencing to all children and families where the
11child has been placed outside the home.

12(2) Within five years of the effective date of this
13article, a county agency shall offer opportunity to engage in
14family conferencing to all children and families who are
15accepted for service.

16Section 1309-B. Regulations.

17Within one year of the effective date of this article, the
18department shall promulgate regulations necessary to carry out
19the provisions of this article.

20Section 2. This act shall take effect in 60 days.