Regular Session 2023-2024 Senate Bill 1036 P.N. 1313

PRINTER'S NO. 1313

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1036

Session of

2024

INTRODUCED BY BROOKS, SCHWANK, COLLETT, KANE, BARTOLOTTA,

HAYWOOD, HUGHES, PENNYCUICK, COSTA, BOSCOLA, COMITTA,

BREWSTER, TARTAGLIONE, DILLON, KEARNEY, STREET, CAPPELLETTI

AND SANTARSIERO, JANUARY 8, 2024

REFERRED TO HEALTH AND HUMAN SERVICES, JANUARY 8, 2024

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 Office of

Child Advocate, the Coalition of Trauma Prevention and

Intervention and the Statewide Children's Mental Health

Ombudsman; and imposing duties on the Department of Human

Services.

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 VII-A

OFFICE OF CHILD ADVOCATE

Section 701-A. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Child Advocate." The Child Advocate appointed under section

702-A.

"Child health, safety and well-being program." A service or

program designed to:

(1) Prevent neglect, abuse and exploitation of children

and encourage reporting of suspected child abuse under 23

Pa.C.S. Ch. 63 (relating to child protective services).

(2) Provide temporary, substitute care in foster family

homes or residential child care facilities for a child in

need of the care under Article VII and 67 Pa.C.S. Chs. 75

(relating to family finding and kinship care) and 77

(relating to adoption opportunities).

(3) Provide court-ordered care or supervision to alleged

or adjudicated dependent or delinquent children under 42

Pa.C.S. Ch. 63 (relating to juvenile matters).

(4) Provide mental health care, substance use disorder

care and childhood trauma and trauma-informed care.

(5) Provide early intervention under the act of December

19, 1990 (P.L.1372, No.212), known as the Early Intervention

Services System Act.

(6) Perform child fatality and near fatality review

under 23 Pa.C.S. Ch. 63.

"Coalition." The Coalition of Trauma Prevention and

Intervention established under section 704-A.

"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, and supervised by

the department under Article IX.

"Executive agency." As defined in section 102 of the act of

October 15, 1980 (P.L.950, No.164), known as the Commonwealth

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Attorneys Act.

"Executive Board." The Executive Board of the Commonwealth

under section 204 of the act of April 9, 1929 (P.L.177, No.175),

known as The Administrative Code of 1929.

"Facility." A residential facility for children licensed by

the department.

"Local government." A county, county institution district,

city, borough, incorporated town, township or any similar,

general or limited purpose unit of local government or unit

created by joint action of two or more local government units

authorized to be created by law.

"Office." The Office of Child Advocate established under

section 702-A.

"Statewide Children's Mental Health Ombudsman." An

individual appointed by the office who has the authority to

advocate on behalf of a child under 21 years of age in need of

mental health services.

Section 702-A. Office of Child Advocate.

(a) Establishment.--The Office of Child Advocate is

established within the department.

(b) Appointment and qualifications.--

(1) The Child Advocate shall be appointed by the

Governor, by and with the advice and consent of a majority of

all of the members of the Senate, and shall hold office for a

term of six years, and until a successor is duly appointed

and qualified, but in no event more than 90 days beyond the

expiration of the appointed term.

(2) A vacancy occurring by expiration of term, death,

resignation, removal or for any other reasons shall be filled

in the manner provided by section 8 of Article IV of the

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Constitution of Pennsylvania for the remainder of the term.

(3) When the term of the Child Advocate expires, the

position shall be immediately deemed a vacancy and the

Governor shall nominate a person to fill that position within

90 days of the date of expiration, even if the Child Advocate

continues in office.

(4) The Child Advocate may be reappointed for additional

terms.

(5) The Child Advocate shall be an individual who, by

reason of training and experience, is qualified to represent

the interests of children.

(6) To be eligible to be appointed by the Governor as

Child Advocate, an individual shall have at least six years

of professional experience in child advocacy, social work or

related areas, including one year in a supervisory or

administrative capacity, and a bachelor's degree. Any

equivalent combination of experience and training shall be

acceptable.

be set by the Executive Board.

(d) Limitation.--The Child Advocate may not seek election

nor accept appointment to a political office during tenure as

the Child Advocate and for one year thereafter.

(e) Service and employees.--The Child Advocate shall operate

from the central office of the department with the Statewide

Children's Mental Health Ombudsman and clerical and professional

staff as may be available within the budget of the Executive

Board. The compensation of employees of the office shall be set

by the Executive Board.

(f) Powers and duties.-- The Child Advocate shall:

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(1) Serve as a resource to and advocate for children by

supporting and enhancing child health, safety and well-being.

(2) Conduct visits to a facility upon receiving a

complaint. During a visit, the Child Advocate or the

advocate's authorized designee may interview staff and

residents of the facility. The Child Advocate shall provide

written notification to the department of their findings

within 24 hours after the visit.

(3) Notwithstanding any other provision of law,

participate as a member of all child fatality or near

fatality review teams under 23 Pa.C.S. § 6365 (relating to

services for prevention, investigation and treatment of child

abuse). The Child Advocate may authorize a designee to

participate in a child fatality or near fatality review team.

(4) Coordinate educational, informational and other

programs for public awareness and education concerning child

maltreatment and the role of the community in strengthening

families and keeping children safe.

(5) Work with executive agencies to establish

coordinated and consistent trauma-informed training and

practices in State-operated and State-funded programs to make

the Commonwealth a trauma-informed State via the coalition

and the Trauma Informed Pennsylvania Plan under section 703-

(6) Monitor the development and implementation of

Federal, State and local statutes, regulations, policies and

programs regarding services and supports for children with a

mental health diagnosis, including the education of children

with a mental health diagnosis and childhood trauma, and make

recommendations for the improvement of the statutes,

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regulations, policies, programs, licensure, financing or

other responsibilities to improve the safety of and promote

better outcomes for children and families receiving services

in child health, safety and well-being programs in this

Commonwealth.

(7) Each quarter, send a report to each facility that

was the subject of a complaint during the relevant period,

listing the complaints involving that facility that were

received during the past quarter. The Child Advocate shall

meet regularly with the secretary and the Deputy Secretary

for the Office of Mental Health and Substance Abuse Services

and shall report on any Statewide trends that the Child

Advocate has identified and potential solutions.

(8) By June 30, 2024, and June 30 each year thereafter,

provide an annual report summarizing the Child Advocate's

activities and accomplishments to the Governor, the

secretary, the chairperson and minority chairperson of the

Aging and Youth Committee of the Senate, the chairperson and

minority chairperson of the Health and Human Services

Committee of the Senate, the chairperson and minority

chairperson of the Children and Youth Committee of the House

of Representatives and the chairperson and minority

chairperson of the Human Services Committee of the House of

Representatives. The annual report shall be posted on the

office's publicly accessible Internet website and include, at

a minimum, the following:

(i) A summary regarding the type of matters handled

by the Child Advocate, the Statewide Children's Mental

Health Ombudsman and the coalition during the year.

(ii) Recommendations regarding legislation to

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improve the safety of and promote better outcomes for

children and families receiving services in child health,

safety and well-being programs in this Commonwealth.

(iii) The quarterly reports of each facility that

was the subject of a complaint received during the

relevant period, listing the complaints involving that

facility that were received during the past quarter.

(iv) Any other information the office finds

pertinent and beneficial.

(g) Relationship to department and county agency powers and

duties.--The powers and duties of the Child Advocate under

subsection (f) do not supplant, supersede or otherwise affect

the powers, duties and responsibilities of the department or a

county agency. Nothing in this article shall be construed to

prohibit the department, a county agency or the Child Advocate

from working in collaboration with each other.

(h) Access.--Notwithstanding any other provision of law,

upon request of the office, an executive agency or local

government shall furnish information, records or documents under

a child health, safety and welfare program to the Child

Advocate, or an authorized designee, as follows:

(1) Information, records and documents generally. An

executive agency or local government shall furnish existing

information, records or documents in its possession, custody

or control within 10 days of receiving the request. Nothing

in this article shall be construed to require an executive

agency or local government to create a record that does not

currently exist.

(2) Child protective services reports. Access under this

section includes access to child protective services reports

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specified under 23 Pa.C.S. § 6339 (relating to

confidentiality of reports). An executive agency or local

government shall furnish a child protective services report

to the Child Advocate within 10 days of receiving the Child

Advocate's request.

(i) Immunity.--Notwithstanding any other provision of law, a

person providing requested materials under subsection (h) may

not be found, by reason of having provided the materials

specified in subsection (h), to have violated any criminal law,

or to be civilly liable under any law, unless the materials are

false and the person providing the materials knew or had reason

to believe that the materials were false and was motivated by

malice toward a person directly affected by the action.

(j) Confidentiality.--

(1) Confidential, privileged or protected information,

records or documents provided to the Child Advocate under

subsection (h):

(i) Shall remain confidential, privileged and

protected.

(ii) Shall not be discoverable or admissible as

evidence in an action or proceeding.

(iii) Shall not be accessible for inspection and

duplication in accordance with the act of February 14,

2008 (P.L.6, No.3), known as the Right-to-Know Law.

(2) Information, records or documents that would

otherwise be available from original sources may not be

construed as immune from discovery or use in an action or

proceeding merely because they were presented to the Child

Advocate.

Section 703-A. Statewide Children's Mental Health Ombudsman.

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(a) Establishment.--The Statewide Children's Mental Health

Ombudsman is established within the office and shall report to

and be under the direction of the Child Advocate.

(b) Designation.--The office shall designate an individual

to serve as the Statewide Children's Mental Health Ombudsman for

the following purposes:

(1) To advocate on behalf of children with a mental

health diagnosis.

(2) To identify barriers to effective mental health

treatment and proposed solutions.

(3) To monitor and ensure compliance with relevant

statutes, regulations, rules and policies pertaining to

children's behavioral health services.

shall serve for a term of four years and shall continue to hold

office until a successor is appointed. The office may reappoint

the Statewide Children's Mental Health Ombudsman for one

additional term. The office may remove the Statewide Children's

Mental Health Ombudsman only for neglect of duty, misconduct or

inability to perform duties.

(d) Policies and procedures.--The office, in consultation

with the Statewide Children's Mental Health Ombudsman and the

Deputy Secretary for the Office of Mental Health and Substance

Abuse Services, shall establish policies and procedures to

facilitate the purposes of the Statewide Children's Mental

Health Ombudsman. The policies and procedures shall include

procedures for filing complaints, investigating complaints and

taking action to implement resolutions to complaints, including

the use of State agency enforcement authority to resolve

complaints as recommended by the Statewide Children's Mental

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Health Ombudsman.

Section 704-A. Coalition of Trauma Prevention and Intervention.

(a) Establishment.--The Coalition of Trauma Prevention and

Intervention is established within the office and shall be under

the direction of the Child Advocate. Except as otherwise

provided in this article, the coalition shall be subject to this

article.

(b) Purpose.--The purpose of the coalition is to advance the

Trauma Informed Pennsylvania Plan to prevent and respond to

mental health crisis by promoting trauma-informed policies and

practices across all Commonwealth systems.

(1) The coalition shall operate as a multisectoral and

multidisciplinary collaborative sponsored by the office.

(2) The coalition shall consist of the following:

(i) A minimum of one representative from each of the

following:

(A) The Department of Corrections.

(B) The Department of Drug and Alcohol Programs.

(D) The Department of Health.

(E) The Pennsylvania Commission on Crime and

Delinquency.

(F) The Pennsylvania Parole Board.

(G) The Pennsylvania State Police.

(ii) Two members of the Senate, one member from the

majority party and one member from the minority party,

and two members of the House of Representatives, one

member from the majority party and one member from the

minority party.

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(iii) The director from each of the department's

Regional Children, Youth and Families Offices.

(iv) One trauma survivor and one community

stakeholder from each of the following regions of the

Commonwealth:

(A) The northwest region, composed of Cameron,

Clarion, Clearfield, Crawford, Elk, Erie, Forest,

Jefferson, Lawrence, McKean, Mercer, Venango and

Warren Counties.

(B) The southwest region, composed of Allegheny,

Armstrong, Beaver, Butler, Cambria, Fayette, Greene,

Indiana, Somerset, Washington and Westmoreland

Counties.

Bradford, Centre, Clinton, Columbia, Lycoming,

Montour, Northumberland, Potter, Snyder, Sullivan,

Tioga and Union Counties.

(D) The southcentral region, composed of Adams,

Bedford, Blair, Cumberland, Dauphin, Franklin,

Fulton, Huntingdon, Juniata, Lebanon, Mifflin, Perry

and York Counties.

(E) The northeast region, composed of Carbon,

Lackawanna, Lehigh, Luzerne, Monroe, Northampton,

Pike, Susquehanna, Wayne and Wyoming Counties.

(F) The southeast region, composed of Bucks,

Berks, Chester, Delaware, Lancaster, Montgomery,

Philadelphia and Schuylkill Counties.

(d) Meetings.--The coalition shall meet on a regular basis

at such times and places as it may designate, but no less than

six times per year, and report their meeting minutes to the

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secretary, the Child Advocate, the Statewide Children's Mental

Health Ombudsman, the chairperson and minority chairperson of

the Aging and Youth Committee of the Senate, the chairperson and

minority chairperson of the Health and Human Services Committee

of the Senate, the chairperson and minority chairperson of the

Children and Youth Committee of the House of Representatives and

the chairperson and minority chairperson of the Human Services

Committee of the House of Representatives.

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

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