Trial Engrossment of Amendment A03750 to House Bill 1767 P.N. 2154, Regular Session 2023-2024

A03750

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1767

Session of

2023

INTRODUCED BY HANBIDGE, HOHENSTEIN, KINSEY, MADDEN, SANCHEZ,

RABB, HILL-EVANS, KINKEAD, SHUSTERMAN, ROZZI, N. NELSON,

CERRATO AND GREEN, OCTOBER 17, 2023

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, OCTOBER 17, 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 State institutions in

the Department of Public Welfare, providing for reporting

allegations of abuse; in departmental powers and duties as to

supervision, further providing for definitions; and, in

departmental powers and duties as to licensing, further

providing for definitions, for fees and for right to enter

and inspect and providing for inspection of out-of-home

placements for youth adjudicated delinquent.

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 a section to

read:

Section 318. Reporting Allegations of Abuse.--(a) The

department shall, in a timely and specific manner, report to all

of the following entities an allegation of child abuse involving

a youth in a State institution , suspected or founded reports of

child abuse involving a youth in a State institution, licensing

actions taken against a department program or facility and an

incident involving law enforcement that was required to be

reported to the department:

(1) Judges of the court.

(2) Public defenders.

(3) The district attorney of the county in which the

incident occurred.

(4) The juvenile probation department.

(5) County commissioners of the county in which the incident

occurred.

(6) County department offices in the county in which the

incident occurred.

(7) Individuals working in department facilities in which

the incident occurred.

(8) School districts participating in department programs in

the county in which the incident occurred.

(9) Youth who are adjudicated delinquent in a county in

which the incident occurred.

(10) The families of youth who are adjudicated delinquent in

a county in which the incident occurred.

(11) The board of managers of houses for the detention and

reception of juveniles awaiting trial, hearing or judicial

investigation under the laws of this Commonwealth in which the

incident occurred.

(b) The department shall expeditiously review all

allegations of abuse made by youth in out-of-home placement, the

guardian of a youth in out-of-home placement and the legal

counsel of a youth in out-of-home placement as a part of the

treatment of a youth in out-of-home placement and shall notify

the parties regarding the result of the review of the

allegation.

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cumulative record of confirmed abuses that have occurred at an

out-of-home placement facility.

Section 2. The definition of "children's institutions" in

section 901 of the act is amended to read:

Section 901. Definitions.--As used in this article--

* * *

"Children's institutions" means any incorporated or

unincorporated organization, society, corporation or agency,

public or private, which may receive or care for children, or

place them in foster family homes, either at board, wages or

free; or any individual who, for hire, gain or reward, receives

for care a child, unless [he] the individual is related to

[such] the child by blood or marriage within the second degree;

or any individual, not in the regular employ of the court or of

an organization, society, association or agency, duly certified

by the department, who in any manner becomes a party to the

placing of children in foster homes, unless [he] the individual

is related to [such] the children by blood or marriage within

the second degree, or is the duly appointed guardian thereof.

The term shall include out-of-home placements for youth

adjudicated delinquent that are managed and operated by the

Bureau of Juvenile Justice Services. The term shall not include

a family child care home or child care center operated for

profit and subject to the provisions of Article X.

* * *

Section 3. The definition of "facility" in section 1001 of

the act is amended to read:

Section 1001. Definitions.--As used in this article--

* * *

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"Facility" means an adult day care center, child care center,

family child care home, boarding home for children, mental

health establishment, personal care home, assisted living

residence, nursing home, hospital or maternity home, as defined

herein, except to the extent that [such] the a facility is

operated by the State or Federal governments or those supervised

by the department or licensed pursuant to the act of July 19,

1979 (P.L.130, No.48), known as the "Health Care Facilities

Act." The term shall include out-of-home placements for youth

adjudicated delinquent that are managed and operated by the

Bureau of Juvenile Justice Services.

* * *

Section 4. Sections 1006 and 1016(a) of the act are amended

to read:

Section 1006. Fees.--Annual licenses shall be issued when

the proper fee, if required, is received by the department and

all the other conditions prescribed in this act are met. For

personal care homes, the fee shall be an application fee. The

fees shall be:

Facility Annual Fee

Adult day care center $ 15

Mental health establishment 50

Personal care home-- 0 - 20 beds 15

-- 21 - 50 beds 20

-- 51 - 100 beds 30

--101 beds and above 50

No fee shall be required for the annual license in the case of

day care centers, family child care homes, boarding homes for

children, out-of-home placements for youth adjudicated

delinquent that are managed and operated by the Bureau of

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Juvenile Justice Services or for public or nonprofit mental

institutions.

Section 1016. Right to Enter and Inspect.--(a) For the

purpose of determining the suitability of the applicants and of

the premises or whether or not any premises in fact qualifies as

a facility as defined in section 1001 of this act or the

continuing conformity of the licensees to this act and to the

applicable regulations of the department, any authorized agent

of the department shall have the right to enter, visit and

inspect any facility licensed or requiring a license under this

act and shall have full and free access to the records of the

facility and to the individuals therein and full opportunity to

interview, inspect or examine such individuals. An authorized

agent of the department entering, visiting and inspecting a

facility licensed or requiring a license under this act shall

not be required to announce the agent's intention to enter,

visit and inspect the facility prior to arriving at the facility

and may enter, visit or inspect the facility at any time of day

or night.

* * *

Section 5. The act is amended by adding a section to read:

Section 1032. Inspection of Out-of-Home Placements for Youth

Adjudicated Delinquent.-- In addition to routine inspections by

authorized agents of the department under this act, the Office

of State Inspector General shall have the power and duty to:

(1) Oversee and investigate the licensing process for out-

of-home placements for youth who are adjudicated delinquent.

(2) Oversee and investigate the process of allegations of

child abuse involving a youth in a residential placement,

suspected or founded reports of child abuse involving a youth in

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a residential placement, licensing actions taken against a

department program or facility and an incident involving law

enforcement that was required to be reported to the department.

Section 6. This act shall take effect in 60 days.

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