PRINTER'S NO. 158
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
168
Session of
2023
INTRODUCED BY BAKER, SANTARSIERO, LAUGHLIN, COSTA, HAYWOOD,
ROTHMAN, SCHWANK, COLLETT, KANE, DILLON, TARTAGLIONE,
COMITTA, CAPPELLETTI AND KEARNEY, JANUARY 30, 2023
REFERRED TO AGING AND YOUTH, JANUARY 30, 2023
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," in children and youth,
further providing for payments to counties for services to
children and for review of county submissions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 704.1(a) and 709.2(b) of the act of June
13, 1967 (P.L.31, No.21), known as the Human Services Code, are
amended to read:
Section 704.1. Payments to Counties for Services to
Children.--(a) The department shall reimburse county
institution districts or their successors for expenditures
incurred by them in the performance of their obligation pursuant
to this act and [the act of December 6, 1972 (P.L.1464, No.333),
known as the "Juvenile Act,"] 42 Pa.C.S. Ch. 63 (relating to
juvenile matters) in the following percentages:
(1) Eighty percent of the cost of an adoption subsidy paid
pursuant to subdivision (e) of Article VII of this act.
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(2) No less than seventy-five percent and no more than
ninety percent of the reasonable cost including staff costs of
child welfare services, informal adjustment services provided
pursuant to [section 8 of the act of December 6, 1972 (P.L.1464,
No.333), known as the "Juvenile Act,"] 42 Pa.C.S. ยง 6323
(relating to informal adjustment) and such services approved by
the department, including but not limited to, foster home care,
group home care, shelter care, community residential care, youth
service bureaus, day treatment centers and service to children
in their own home and any other alternative treatment programs
approved by the department.
(3) Sixty percent of the reasonable administrative costs
approved by the department except for those staff costs included
in clause (2) of this section as necessary for the provision of
child welfare services.
(4) Fifty percent of the actual cost of care and support of
a child placed by a county child welfare agency or a child
committed by a court pursuant to [the act of December 6, 1972
(P.L.1464, No.333), known as the "Juvenile Act,"] 42 Pa.C.S. Ch.
63 to the legal custody of a public or private agency approved
or operated by the department other than those services
described in clause (2). The Auditor General shall ascertain the
actual expense for fiscal year 1974-1975 and each year
thereafter by the Department of [Public Welfare] Human Services
for each of the several counties and each city of the first
class whose children resident within the county or city of the
first class directly received the benefit of the Commonwealth's
expenditure. The Auditor General shall also ascertain for each
Commonwealth institution or facility rendering services to
delinquent or deprived children the actual average daily cost of
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providing said services. The Auditor General shall certify to
each county and city of the first class the allocated
Commonwealth expenditures incurred on behalf of its children and
notify the Secretary of [Public Welfare] Human Services and each
county and city of the first class of same.
(5) [Fifty percent of the reasonable cost of medical and
other examinations and treatment of a child ordered by the court
pursuant to the act of December 6, 1972 (P.L.1464, No.333),
known as the "Juvenile Act," and the expenses of the appointment
of a guardian pendente lite, summons, warrants, notices,
subpoenas, travel expenses of witnesses, transportation of the
child, and other like expenses incurred in proceedings under the
act of December 6, 1972 (P.L.1464, No.333), known as the
"Juvenile Act."] Fifty percent of the following costs incurred
in proceedings under 42 Pa.C.S. Ch. 63:
(i) the reasonable cost of medical and other examinations
and treatment of a child ordered by the court;
(ii) the appointment of a guardian ad litem for a child in
the context of dependency proceedings;
(iii) the appointment of counsel for a child in the context
of dependency proceedings;
(iv) the appointment of counsel for an indigent child in the
context of delinquency proceedings;
(v) summons, warrants, notices, subpoenas, travel expenses
of witnesses and transportation of the child; and
(vi) other similar expenses inc urred in these proceedings.
The intent of the reimbursements authorized under subclauses
(iii) and (iv) is to attempt to supplement, and not supplant,
necessary funding for required juvenile counsel. Counties shall
include in their needs-based budgets required by section 709.1
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the purposes for which the funds to be reimbursed to the
counties pursuant to subclauses (iii) and (iv) shall be used.
The counties shall prioritize expenditures of these funds in
ways that are designed to maintain, enhance or improve the
quantity or quality of legal services provided to juveniles.
(6) Effective July 1, 1991, the department shall reimburse
county institution districts or their successors one hundred
percent of the reasonable costs of providing adoption services.
(7) Effective July 1, 1993, the department shall reimburse
county institution districts or their successors eighty percent
of the reasonable costs of providing foster home care, community
residential care, supervised independent living and community-
based alternative treatment programs.
(8) The department shall reimburse county institution
districts or their successors for the reasonable costs of
institutional services for dependent and delinquent children
other than detention services for delinquents in accordance with
the following schedule:
(i) Effective July 1, 1992, fifty-five percent.
(ii) Effective July 1, 1993, sixty percent.
* * *
Section 709.2. Review of county submissions.--* * *
(b) The department determination shall consider whether the
county's budget is reasonable in relation to past costs,
projected cost increases, number of children in the county and
the number of children served, service level trends and
projections of other sources of revenue. The department
determination shall also consider whether the county's budget
prioritizes expenditures of the funds reimbursed to the county
pursuant to section 704.1(a)(5)(iii) and (iv) in a reasonable
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attempt to supplement, and not supplant, necessary county
funding for required juvenile counsel in ways that are designed
to maintain, enhance or improve the quantity or quality of legal
services provided to juveniles.
* * *
Section 2. This act shall take effect in 60 days.
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