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PRINTER'S NO. 1838
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1272
Session of
2015
INTRODUCED BY BROWNE, BARTOLOTTA, EICHELBERGER, MENSCH,
VULAKOVICH, COSTA, GREENLEAF, HUGHES, TEPLITZ, FONTANA,
RAFFERTY, TARTAGLIONE, BREWSTER, SCARNATI, WARD AND HAYWOOD,
MAY 18, 2016
REFERRED TO PUBLIC HEALTH AND WELFARE, MAY 18, 2016
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," providing for school
stability of children in foster care; and making an
inconsistent repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Human Services Code, is amended by adding an article to
read:
ARTICLE XIII-B
SCHOOL STABILITY
Section 1301-B. Scope.
This article relates to the educational stability of children
in foster care.
Section 1302-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Change in placement." A situation in which the placement of
a child is changed consistent with Department of Human Services
regulations to achieve the goals of the family service plan or
due to discharge from care as the result of age. The term
includes any placement made under 42 Pa.C.S. ยง 6351 (relating to
disposition of dependent child) and an emergency modification in
placement made under Pa.R.J.C.P. No. 1606 (relating to
modification of dependent child's placement), including a family
foster care or kinship care placement, placement in a child-care
institution or placement resulting from permanent legal
guardianship or reunification.
"Child in foster care." Either of the following:
(1) A child who is the care and responsibility of the
Commonwealth and placed in foster care, as defined in 45 CFR
1355.20 (relating to definitions), under 42 Pa.C.S. ยง 6351
(relating to disposition of dependent child) or 6352
(relating to disposition of delinquent child).
(2) A child placed pursuant to a voluntary placement
agreement under 55 Pa. Code ยง 3130.65 (relating to voluntary
placement agreement).
"County agency." The county children and youth social
service agency exercising the powers and duties provided for in
section 405 of the act of June 24, 1937 (P.L.2017, No.396),
known as the County Institution District Law, or its successor,
and supervised by the Department of Human Services under Article
IX.
"Foster care maintenance payments." As defined under section
475(4) of the Social Security Act (49 Stat. 620, 42 U.S.C. ยง
675(4)).
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"Foster parent." An individual approved by a public or
private foster family care agency to provide foster family care
services to a child who is temporarily separated from the
child's legal family and placed in the legal custody of an
agency.
"Kin." An individual 21 years of age or older who is one of
the following:
(1) A godparent of the child as recognized by an
organized church.
(2) A member of the child's tribe, nation or tribal
organization.
(3) An individual with a significant, positive
relationship with the child or family.
"Kinship care." The full-time nurturing and protection of a
child who is separated from the child's parents and placed in
the home of a caregiver who has an existing relationship with
the child or the child's family.
"Local education agency." As defined in section 9101(26) of
the Elementary and Secondary Education Act of 1965 (Public Law
89-10, 20 U.S.C. ยง 7801(26)).
"Relative." An individual who is at least 21 years of age
and is related within the fifth degree of consanguinity or
affinity to the parent or stepparent of a child.
"School stability." The right of a child to attend either of
the following:
(1) the school the child currently attends; or
(2) the school the child attended when initially placed
by the county agency.
Section 1303-B. Case plan to ensure school stability.
If a child has been removed from the child's home under a
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voluntary placement agreement or is in the legal custody of the
county agency, the county agency shall develop a case plan for
ensuring school stability for the child. The case plan shall be
based on the best interest of the child as determined by a
court. Until a court has made a best-interest determination for
the child, the child shall remain in the same school unless the
county agency determines that remaining in the same school is
contrary to the safety or well-being of the child. The case plan
shall be part of the family service plan and the individual
service plan of the child. The case plan shall include:
(1) Assurances that the placement of the child takes
into account the appropriateness of the current educational
setting and the change in proximity to the school where the
child is enrolled at the time of placement or a change in
placement.
(2) Either:
(i) an assurance that the county agency has
coordinated with the appropriate local education agency
to ensure that the child remains in the school where the
child is enrolled at the time of placement or a change in
placement; or
(ii) if remaining in the school is not in the best
interest of the child, assurances by the county agency
and the local education agency where the child will
attend to provide immediate and appropriate enrollment in
a new school. Enrollment in a new school shall occur even
if the child cannot provide the documentation normally
required for school enrollment.
(3) Assurances that the county agency shall obtain and
maintain the child's education records in the case file as
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required in accordance with Title IV-E of the Social Security
Act (49 Stat. 620, 42 U.S.C. ยง 301 et seq.), that relevant
education records shall be provided directly to the school to
the extent they are available to the county agency and that
the disclosure does not violate applicable confidentiality
laws.
Section 1304-B. Duty of county agency to collaborate.
The county agency shall collaborate with the local education
agency which the child will attend to ensure school stability
and transportation in compliance with requirements set forth in
this article and in the act of March 10, 1949 (P.L.30, No.14),
known as the Public School Code of 1949, including, where
applicable, facilitating immediate enrollment in a new school.
Section 1305-B. Transportation.
If a court or county agency has determined that it is in the
best interest of the child to remain in a prior school under
this article, the child shall be entitled to free and
appropriate transportation to attend the school in accordance
with the following:
(1) If the child needs transportation to a prior school
and is considered homeless under the Stewart B. McKinney
Homeless Assistance Act (Public Law 100-77, 101 Stat. 482),
the cost of transportation shall be paid by a local education
agency in accordance with that act.
(2) If the child needs transportation to the prior
school and does not qualify as homeless under the Stewart B.
McKinney Homeless Assistance Act, transportation to maintain
school stability shall be provided in accordance with the
requirements set forth in the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, and any
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applicable contractual agreement.
(3) When applicable, t he county agency shall provide for
the cost of transportation for the child by:
(i) making a foster care maintenance payment in the
amount of the reasonable cost of transporting the child
to the school to a foster parent, relative or kin
eligible to receive payment under Article XIII;
(ii) making a payment in the amount of the
reasonable cost of transporting the child to the local
education agency that is transporting the child to
school; or
(iii) any other method approved by the county
agency.
Section 1306-B. Regulations.
The department shall promulgate regulations necessary to
carry out the provisions of this article no later than 270 days
from the effective date of this section.
Section 2. Section 1305 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
repealed insofar as it is inconsistent with Article XIII-B of
the act.
Section 3. This act shall take effect in 60 days.
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