AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, providing for assessment
3and counseling of chronic runaway children.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1.  Section 6302 of Title 42 of the Pennsylvania
7Consolidated Statutes is amended by adding a definition to read:

8§ 6302.  Definitions.

9The following words and phrases when used in this chapter
10shall have, unless the context clearly indicates otherwise, the
11meanings given to them in this section:

12* * *

13"Chronic runaway child."  A child who comes to the attention 
14of law enforcement officers as a runaway more than once in any 
15month or at least three times in any year.

16* * *

17Section 2.  Sections 6327(f) and 6331 of Title 42 are amended
18to read:

1§ 6327.  Place of detention.

2* * *

3(f)  Development of approved shelter care programs.--

4(1)  The Department Public Welfare shall develop or
5assist in the development in each county of this Commonwealth
6approved programs for the provision of shelter care for
7children needing these services who have been taken into
8custody under section 6324 (relating to taking into custody)
9and for children referred to or under the jurisdiction of the
10court.

11(2)  A county may develop a chronic runaway children
12treatment plan to address problems with chronic runaway
13children in the county. The county must submit the plan to
14the department for approval and may request funding for its
15implementation, and the department may award funding to a
16county to implement an approved county runaway children
17treatment plan. The plan must identify the problems
18associated with chronic runaway children in the county and
19specific solutions the county will implement, including, but
20not limited to, the development and operation of a chronic
21runaway children assessment and counseling center.

22§ 6331.  Release from detention or commencement of proceedings.

23(a)  General rule.--If a child is brought before the court or
24delivered to a detention or shelter care facility designated by
25the court, the intake or other authorized officer of the court
26shall immediately make an investigation and release the child
27unless it appears that his detention or shelter care is
28warranted or required under section 6325 (relating to detention
29of child). The release of the child shall not prevent the
30subsequent filing of a petition as provided in this chapter. If

1he is not so released, a petition shall be promptly made and
2presented to the court within 24 hours or the next court
3business day of the admission of the child to detention or
4shelter care.

5(b)  Chronic runaway children.--

6(1)  Within 24 hours of being detained, either in a
7runaway assessment and treatment center or a detention
8facility, a chronic runaway child shall be assessed by a
9counselor who specializes in runaway profiles to determine
10the following:

11(i)  The reasons why the child is a chronic runaway.

12(ii)  Whether the child should be adjudicated
13dependent.

14(iii)  What treatment procedures should be prescribed
15for the child and for the parent, legal guardian or
16custodian from whom the child ran away.

17(2)  As soon as practicable following the assessment, and
18not later than the informal hearing required under section
196332 (relating to informal hearing), the child, the counselor
20and the child's parent, legal guardian or custodian shall
21meet in an initial counseling session for the purpose of:

22(i)  Identifying the underlying causes for the
23runaway behavior.

24(ii)  Developing a plan to address those causes.

25(3)  A chronic runaway child shall be released from a
26runaway assessment and treatment center to the child's
27parent, legal guardian or custodian after the initial
28counseling session unless the counselor believes that it
29would not be in the best interest of the child to do so.

30(4)  A chronic runaway child may be adjudicated dependent

1if:

2(i)  The child's parent fails to attend this initial
3counseling session.

4(ii)  The child's parent is unwilling to take custody
5of the child at the conclusion of the informal hearing.

6(iii)  The court finds other compelling reasons to do
7so, including, but not limited to, the counselor's
8recommendations.

9Section 3.  This act shall take effect in 60 days.