PRINTER'S NO. 2517
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1691
Session of
2015
INTRODUCED BY MARSICO, REGAN, V. BROWN, BAKER, DRISCOLL, ROZZI,
GREINER, HARHART, THOMAS, SCHLOSSBERG, YOUNGBLOOD, IRVIN,
HICKERNELL, EVERETT, KOTIK, CALTAGIRONE, MILLARD, WHITE,
BARBIN, BOBACK, D. COSTA, BISHOP, O'NEILL, WATSON, PHILLIPS-
HILL, KAUFFMAN, READSHAW, NEILSON, A. HARRIS, PICKETT,
GIBBONS, CUTLER, PETRI, SACCONE, JOZWIAK, GINGRICH, QUINN,
B. MILLER, WARD, VEREB, CORBIN, PASHINSKI, RAPP, HARHAI,
MAJOR, TOOHIL, COHEN AND BENNINGHOFF, NOVEMBER 12, 2015
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 12, 2015
AN ACT
Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, providing for sex trafficking and missing and
abducted children; and, in juvenile matters, further
providing for definitions and for disposition of dependent
child.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 23 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 57
SEX TRAFFICKING AND MISSING AND ABDUCTED CHILDREN
Sec.
5701. Definitions.
5702. County responsibilities.
5703. Law enforcement responsibilities.
ยง 5701. Definitions.
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The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Child." An individual who is under 21 years of age and
meets one of the following:
(1) The county agency is conducting an assessment of the
need for services.
(2) The county agency is conducting an investigation of
suspected child abuse of the child under Chapter 63 (relating
to child protective services).
(3) The county agency is providing services to the
child.
"County agency." As defined in section 6303 (relating to
definitions).
"Department." The Department of Human Services of the
Commonwealth.
"Law enforcement." The law enforcement agency which is
responsible for investigating cases of missing children under 18
Pa.C.S. ยง 2908 (relating to missing children).
"Sex trafficking victim." As defined under section 475 of
the Social Security Act (49 Stat. 620, 42 U.S.C. ยง 675).
ยง 5702. County responsibilities.
(a) Report of possible sex trafficking victims.--A county
agency shall report to law enforcement as soon as practicable,
but in no case later than 24 hours after receiving information
about a child who:
(1) the county agency has reasonable cause to suspect of
being at risk of being a sex trafficking victim; or
(2) the county agency identifies as being a sex
trafficking victim.
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(b) Child missing from residence or abducted.--A county
agency shall report to law enforcement as soon as practicable
but no later than 24 hours after receiving information about a
child who is missing from the child's residence or is abducted.
(c) Report to department.--The county agency shall report
annually to the department the total number of children who are
sex trafficking victims. The report shall be submitted in the
form and by the deadline prescribed by the department.
ยง 5703. Law enforcement responsibilities.
When law enforcement receives information from a county
agency about a child who is missing from the child's residence
or is abducted under section 5702(b) (relating to county
responsibilities), law enforcement shall:
(1) enter the information into the National Crime
Information Center database; and
(2) inform the National Center for Missing and Exploited
Children.
Section 2. Section 6302 of Title 42 is amended by adding
definitions to read:
ยง 6302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Age-appropriate or developmentally appropriate." The
following:
(1) activities or items that are generally accepted as
suitable for children of the same chronological age or level
of maturity or that are determined to be developmentally
appropriate for a child based on the development of
cognitive, emotional, physical and behavioral capacities that
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are typical for an age or age group; and
(2) in the case of a specific child, activities or items
that are suitable for the child based on the developmental
stages attained by the child with respect to the cognitive,
emotional, physical and behavioral capacities of the child.
* * *
"Caregiver." A person with whom the child is placed in an
out-of-home placement, including a resource family or an
individual designated by a county agency or private agency. The
resource family is the caregiver for any child placed with that
family.
* * *
"Out-of-home placement." A setting that provides 24-hour
substitute care for a child away from the child's parents or
guardians and for whom the county agency has placement care and
responsibility. The term includes resource family homes and
supervised settings in which a child is living and, for a child
who has attained 18 years of age, a supervised setting in which
the individual is living independently. The term does not
include secure facilities, facilities operated primarily for the
detention of children who have been adjudicated delinquent,
accredited psychiatric residential treatment facilities or
hospitals.
"Private agency." An entity that provides out-of-home
placement services to children under a contract with a county
agency.
* * *
"Reasonable and prudent parent standard." The standard,
characterized by careful and sensible parental decisions that
maintain the health, safety and best interests of a child while
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encouraging the emotional and developmental growth of the child,
that a caregiver must use when determining whether to allow a
child in an out-of-home placement under the responsibility of
the county agency to participate in extracurricular, enrichment,
cultural and social activities.
"Resource family." As defined under section 3 of the act of
November 22, 2005 (P.L.404, No.73), known as the Resource Family
Care Act.
* * *
Section 3. Section 6351(e)(1), (f)(8) and (f.1)(5) of Title
42 are amended and subsection (f) is amended by adding a
paragraph to read:
ยง 6351. Disposition of dependent child.
* * *
(e) Permanency hearings.--
(1) The court shall conduct a permanency hearing for the
purpose of determining or reviewing the permanency plan of
the child, the date by which the goal of permanency for the
child might be achieved and whether placement continues to be
best suited to the safety, protection and physical, mental
and moral welfare of the child. In any permanency hearing
held with respect to the child, the court shall consult with
the child regarding the child's permanency plan, including
the child's desired permanency goal, in a manner appropriate
to the child's age and maturity. If the court does not
consult personally with the child, the court shall ensure
that the views of the child regarding the permanency plan
have been ascertained to the fullest extent possible and
communicated to the court by the guardian ad litem under
section 6311 (relating to guardian ad litem for child in
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court proceedings) or, as appropriate to the circumstances of
the case by the child's counsel, the court-appointed special
advocate or other person as designated by the court.
* * *
(f) Matters to be determined at permanency hearing.--At each
permanency hearing, a court shall determine all of the
following:
* * *
(8) The services needed to assist a child who is [16] 14
years of age or older to make the transition to [independent
living] successful adulthood.
* * *
(12) If the child has been placed with a caregiver,
whether the child is being provided with regular, ongoing
opportunities to participate in age-appropriate or
developmentally appropriate activities. In order to make its
determination under this paragraph, the county agency shall
document the steps it has taken to ensure that:
(i) the caregiver is following the reasonable and
prudent parent standard; and
(ii) the child has regular, ongoing opportunities to
engage in age-appropriate or developmentally appropriate
activities. The county agency shall consult with the
child regarding opportunities to engage in such
activities.
(f.1) Additional determination.--Based upon the
determinations made under subsection (f) and all relevant
evidence presented at the hearing, the court shall determine one
of the following:
* * *
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(5) If and when the child will be placed in another
planned permanent living arrangement [intended to be
permanent in nature which is approved by the court in cases
where the county agency has documented a compelling reason
that it would not be best suited to the safety, protection
and physical, mental and moral welfare of the child to be
returned to the child's parent, guardian or custodian, to be
placed for adoption, to be placed with a legal custodian or
to be placed with a fit and willing relative.], the following
shall apply:
(i) The child must be 16 years of age or older.
(ii) The county agency shall document:
(A) A compelling reason that it would not be
best suited to the safety, protection and physical,
mental and moral welfare of the child to be returned
to the child's parent, guardian or custodian, to be
placed for adoption, to be placed with a legal
custodian or to be placed with a fit and willing
relative.
(B) Its intensive, ongoing and, as of the date
of the hearing, unsuccessful efforts to return the
child to the child's parent, guardian or custodian or
to secure placement for the child with a fit and
willing relative, including adult siblings, a legal
guardian or an adoptive parent.
(C) Its efforts to utilize search technology to
find biological family members for the child.
(iii) The court shall:
(A) Ask the child about the desired permanency
goal for the child.
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(B) Make a judicial determination explaining
why, as of the date of the hearing, another planned
permanent living arrangement is the best permanency
plan for the child.
(C) Provide compelling reasons why it continues
not to be in the best interests of the child to
return home, be placed for adoption, be placed with a
legal guardian or be placed with a fit and willing
relative.
* * *
Section 4. This act shall take effect January 1, 2016, or
immediately, whichever is later.
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