Amendment 3616 to House Bill 477 P.N. 2051, Regular Session 2015-2016

H0477B2051A03616 BIL:JSL 10/15/15 #90 A03616

AMENDMENTS TO HOUSE BILL NO. 477

Sponsor: REPRESENTATIVE HICKERNELL

Printer's No. 2051

Amend Bill, page 2, line 4, by striking out "and" and

inserting

Amend Bill, page 2, line 11, by striking out "and" and

inserting

Amend Bill, page 2, line 19, by inserting after "child's"

county agency or private agency

Amend Bill, page 3, lines 9 through 13, by striking out

"facility licensed under 55 Pa. Code" in line 9 and all of lines

10 through 13 and inserting

county agency or private agency. The resource family is the

caregiver for any child placed with them.

Amend Bill, page 3, lines 22 and 23, by striking out "An out-

of-home placement under 42" in line 22 and all of line 23 and

inserting

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.

Amend Bill, page 3, lines 24 through 27, by striking out "A

children and youth social service agency" in line 24 and all of

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lines 25 through 27 and inserting

An entity that provides out-of-home placement services to

children under a contract with a county agency.

Amend Bill, page 4, line 3, by striking out "FOSTER CARE" and

inserting

an out-of-home placement

Amend Bill, page 4, by inserting between lines 5 and 6

"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.

Amend Bill, page 4, line 8, by striking out "entitled" and

inserting

allowed and afforded an opportunity

Amend Bill, page 4, line 10, by striking out "and" where it

occurs the first time and inserting

Amend Bill, page 4, line 12, by striking out "and" and

inserting

Amend Bill, page 4, line 18, by striking out "and" where it

occurs the second time and inserting

Amend Bill, page 4, line 23, by striking out "and" and

inserting

Amend Bill, page 4, line 26, by inserting after "agency"

where it occurs the second time

or the court

Amend Bill, page 5, line 2, by inserting after "factors"

to the child or to others

Amend Bill, page 5, line 3, by inserting after "enrichment"

, cultural

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Amend Bill, page 5, by inserting between lines 19 and 20

(1) the caregiver has completed the required training

relating to the reasonable and prudent parent standard.

Amend Bill, page 5, line 20, by striking out "(1)" and

inserting

(2)

Amend Bill, page 5, line 20, by striking out "used" and

inserting

made a good faith effort to use

Amend Bill, page 5, line 22, by striking out "(2)" and

inserting

(3)

Amend Bill, page 5, line 23, by striking out "and" and

inserting

Amend Bill, page 6, line 1, by inserting after "for"

county and private

Amend Bill, page 6, by inserting between lines 20 and 21

concerns of the biological parents of a child in

decisions related to participation of the child in

activities, with the understanding that those

concerns should not necessarily determine the

participation of the child in any activity.

Amend Bill, page 6, line 25, by striking out "and" and

inserting

Amend Bill, page 6, by inserting between lines 27 and 28

(iii) Provide and document that the required

training under paragraph (1) has been provided to

caregivers.

Amend Bill, page 7, by inserting between lines 1 and 2

(4) Develop a template for the required training related

to the reasonable and prudent parent standard in accordance

with this act.

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(5) Work with interested parties, including children, to

develop age-appropriate written materials that explain the

requirements under this act.

Amend Bill, page 7, line 4, by inserting after "all"

county-operated

Amend Bill, page 7, line 4, by striking out "facilities" and

inserting

settings other than a resource family home

Amend Bill, page 7, line 8, by striking out "social workers"

and inserting

county agency caseworkers

Amend Bill, page 7, line 8, by striking out "treatment"

Amend Bill, page 7, line 9, by striking out "at the

applicable facility"

Amend Bill, page 7, by inserting between lines 11 and 12

(2) Ensure that contracts for purchased services between

the county and a private agency that operates an out-of-home

placement setting other than a resource family home include a

requirement for the agency to designate an individual to

provide decision-making authority under the reasonable and

prudent parent standard for children residing in their care

in accordance with staffing and supervision requirements

applicable to the setting. The individual designated should

consult with county agency and private agency caseworkers or

staff members who are most familiar with the child in

applying and using the reasonable and prudent parent

standard.

(3) Ensure that contracts for purchased services between

the county and a private agency include a requirement for the

private agency to provide training and monitoring of resource

families regarding the application and use of the reasonable

and prudent parent standard.

(4) Provide training and monitoring of county agency

resource families regarding the application and use of the

reasonable and prudent parent standard.

Amend Bill, page 7, line 12, by striking out "(2)" and

inserting

(5)

Amend Bill, page 7, line 18, by striking out "consistent with

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Federal law and this act"

Amend Bill, page 7, lines 29 and 30; page 8, lines 1 through

7; by striking out all of said lines on said pages

Amend Bill, page 8, line 8, by striking out "8" and inserting

Amend Bill, page 8, line 9, by striking out "provide" and

inserting

ensure that

Amend Bill, page 8, line 10, by striking out "with" and

inserting

is provided with a

Amend Bill, page 8, lines 12 and 13, by striking out "the

caregiver's licensure or court approval" and inserting

a resource family home certification or the designation of a

caregiver by a county agency or private agency

Amend Bill, page 8, lines 15 through 29, by striking out all

of said lines and inserting

county agency shall ensure that children in out-of-home

placement have their opportunities under this act explained to

them in a manner appropriate to the child's age, development and

maturity and that the children are provided with a written

explanation of the requirements of this act at initial

placement, for any subsequent move, and at least annually as

part of the family service and permanency planning process.

Consistent with the act of November 23, 2010 (P.L.1264, No.119),

known as the Children in Foster Care Act, the requirements of

this subsection shall be included in the list of requirements

under section 3 of the Children in Foster Care Act, along with

the explanation of the grievance policy. A notation that these

notifications have been completed must be made in the child's

record.

Section 8. Training.

The reasonable and prudent parent standard training required

under this act must be completed as follows:

(1) A current caregiver must complete the training by

December 31, 2015.

(2) An individual who becomes a caregiver after the

effective date of this section must complete the training

prior to a child's placement, unless there is an emergency

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placement.

(3) If a child is placed in an emergency placement after

the effective date of this section, the caregiver shall

complete the training within 60 days of the emergency

placement.

Amend Bill, page 8, line 30, by striking out "in 60 days" and

inserting

immediately

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