SENATE AMENDED
PRIOR PRINTER'S NOS. 268, 2341, 2454, PRINTER'S NO. 3035
2565
No. 251 Session of 1985
INTRODUCED BY O'DONNELL, SEVENTY, J. L. WRIGHT, HALUSKA,
PETRARCA, BATTISTO, AFFLERBACH, DeWEESE, COHEN, KOSINSKI,
HAGARTY, TRELLO, DeLUCA, DALEY, VAN HORNE, SHOWERS,
E. Z. TAYLOR, RYBAK, SIRIANNI, D. R. WRIGHT, MICOZZIE,
HERMAN, WOGAN, NAHILL, BLAUM, PUNT, JOSEPHS, PISTELLA,
SCHEETZ, SAURMAN, ANGSTADT, DAWIDA, OLIVER, FREEMAN,
COLAFELLA, LINTON, BURD, BELARDI, STABACK, FOX AND PRESSMANN,
FEBRUARY 6, 1985
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
MARCH 11, 1986
AN ACT
1 Amending the act of November 22, 1978 (P.L.1166, No.274),
2 entitled "An act establishing the Pennsylvania Commission on
3 Crime and Delinquency, providing for its powers and duties
4 establishing several advisory committees within the
5 commission and providing for their powers and duties,"
6 further providing for child abuse; further providing for the
7 membership of the Juvenile Advisory Committee; imposing
8 further duties upon the commission and the advisory
9 committee; establishing the Child Abuse CHILDREN'S TRUST Fund <--
10 and providing for its use; and providing for the collection
11 of certain fees.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Sections 1 and 3(1), (2), (6) and (7) SECTION 1 <--
15 of the act of November 22, 1978 (P.L.1166, No.274), referred to
16 as the Pennsylvania Commission on Crime and Delinquency Law, are <--
17 IS amended to read: <--
18 Section 1. Definitions.
1 The following words and phrases when used in this act shall
2 have, unless the context clearly indicates otherwise, the
3 meanings given to them in this section:
4 "CHILD." ANY PERSON UNDER 18 YEARS OF AGE. <--
5 "CHILD ABUSE." AS DEFINED IN THE ACT OF NOVEMBER 26, 1975
6 (P.L.438, NO.124), KNOWN AS THE "CHILD PROTECTIVE SERVICES LAW."
7 "Commission." The Pennsylvania Commission on Crime and
8 Delinquency.
9 "Fund." The Child Abuse Fund. <--
10 "NEGLECT." HARM TO A CHILD'S HEALTH OR WELFARE BY A PERSON <--
11 RESPONSIBLE FOR THE CHILD'S HEALTH OR WELFARE WHICH OCCURS
12 THROUGH NEGLIGENT TREATMENT, INCLUDING THE FAILURE, WHETHER OR
13 NOT INTENTIONAL, TO PROVIDE ADEQUATE FOOD, CLOTHING, SHELTER OR
14 MEDICAL CARE.
15 "PREVENTION PROGRAM." ANY COMMUNITY-BASED PROGRAM OF DIRECT
16 PROVISION OF CHILD ABUSE AND NEGLECT PREVENTION SERVICES,
17 INCLUDING, BUT NOT LIMITED TO, EDUCATIONAL SERVICES IN
18 PARENTING, PRENATAL CARE, PERINATAL BONDING, CHILD DEVELOPMENT,
19 BASIC CHILD CARE, CARE OF CHILDREN WITH SPECIAL NEEDS, COPING
20 WITH FAMILY STRESS, PERSONAL SAFETY AND SEXUAL ABUSE PREVENTION
21 TRAINING FOR CHILDREN, AND SELF-CARE TRAINING FOR LATCH-KEY
22 CHILDREN; AND COMMUNITY-BASED PROGRAMS RELATING TO CRISIS CARE,
23 AID TO PARENTS, CHILD-ABUSE COUNSELING, PEER SUPPORT GROUPS FOR
24 ABUSIVE OR POTENTIALLY ABUSIVE PARENTS AND THEIR CHILDREN, LAY
25 HEALTH VISITORS, RESPITE OR CRISIS CHILD CARE, AND EARLY
26 IDENTIFICATION OF FAMILIES WHERE THE POTENTIAL FOR CHILD ABUSE
27 AND NEGLECT EXISTS; EXCEPT THAT FUNDING FOR EXISTING OR ONGOING
28 SERVICES OR PROGRAMS OF LOCAL OR STATE GOVERNMENT AGENCIES SHALL
29 NOT BE REPLACED BY FUNDS AVAILABLE UNDER THIS ACT.
30 "TRUST FUND." THE CHILDREN'S TRUST FUND ESTABLISHED BY THIS
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1 ACT WHICH IS INTENDED TO BE A FUNDING SOURCE FOR COMMUNITY-BASED
2 CHILD ABUSE AND NEGLECT PREVENTION PROGRAMS AND SERVICES.
3 SECTION 2. SECTION 3 OF THE ACT IS AMENDED BY ADDING A
4 CLAUSE TO READ:
5 Section 3. Powers and duties of the commission.
6 The commission shall have the power and its duty shall be:
7 (1) To prepare and periodically update a comprehensive <--
8 juvenile and criminal justice plan on behalf of the
9 Commonwealth based on an analysis of the Commonwealth's
10 criminal justice needs and problems, including juvenile
11 justice and delinquency prevention. Every two years the
12 commission shall develop a State plan for the distribution of
13 money in the fund.
14 (2) To apply for, contract for, receive, allocate,
15 disburse and account for funds, grants-in-aid, grants of
16 services and property, real and personal, particularly those
17 funds made available pursuant to the Omnibus Crime Control
18 and Safe Streets Act of 1968 (Public Law 90-351), as amended,
19 and the Juvenile Justice and Delinquency Prevention Act of
20 1974 (Public Law 93-415), as amended, Title IV of Public Law
21 98-473 (98 Stat. 2195), and sums collected under section 8.1
22 of this act.
23 * * *
24 (6) To monitor and evaluate program effectiveness,
25 funded in whole or in part by the Commonwealth through the
26 commission aimed at reducing or preventing crime and
27 delinquency, child abuse, and improving the administration of
28 justice as deemed appropriate.
29 (7) To define, develop and correlate programs and
30 projects and establish priorities for crime prevention and
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1 for improvement in law enforcement and criminal justice,
2 including juvenile justice and delinquency prevention, and
3 child abuse prevention throughout the Commonwealth.
4 * * *
5 (17) TO DEVELOP BIENNIALLY A STATE PLAN FOR THE <--
6 DISTRIBUTION OF THE AVAILABLE ASSETS OF THE CHILDREN'S TRUST
7 FUND, AND ASSURE THAT AN EQUAL OPPORTUNITY EXISTS FOR THE
8 ESTABLISHMENT OF CHILD ABUSE AND NEGLECT PREVENTION PROGRAMS
9 AND THE RECEIPT OF TRUST FUND MONEY AMONG ALL GEOGRAPHIC
10 AREAS IN THIS COMMONWEALTH. IN ADDITION, THE COMMISSION
11 SHALL:
12 (I) BE DESIGNATED AS THE AGENCY TO RECEIVE GRANTS
13 FOR CHILD ABUSE PREVENTION UNDER SECTIONS 402 TO 409 OF
14 TITLE IV OF PUBLIC LAW 98-473 (98 STAT. 2197-2199). SUCH
15 FUNDS SHALL NOT BE USED TO PROVIDE A MATCH FOR OTHER
16 FEDERAL FUNDS. THE COMMISSION SHALL ALSO BE EMPOWERED TO
17 ACCEPT STATE FUNDS GRANTED BY THE GENERAL ASSEMBLY TO THE
18 TRUST FUND, AS WELL AS GIFTS AND DONATIONS FROM
19 INDIVIDUALS, PRIVATE ORGANIZATIONS OR FOUNDATIONS. ALL
20 FUNDS RECEIVED SHALL BE TRANSMITTED TO THE STATE TREASURY
21 FOR DEPOSIT IN THE TRUST FUND.
22 (II) DEVELOP AND PUBLISH CRITERIA FOR THE GRANTING
23 OF TRUST FUND MONEY TO ELIGIBLE PREVENTION PROGRAMS.
24 (III) ADMINISTER AND AWARD TRUST FUND MONEY TO AND
25 MONITOR THE EXPENDITURE OF TRUST FUND MONEY BY ELIGIBLE
26 CHILD ABUSE AND NEGLECT PREVENTION PROGRAMS. ELIGIBILITY
27 SHALL BE DETERMINED BY THE COMMISSION, UPON THE
28 RECOMMENDATION OF THE COUNTY CHILDREN AND YOUTH AGENCIES,
29 UTILIZING THE FOLLOWING CRITERIA:
30 (A) THE ORGANIZATION OR AGENCY DEMONSTRATES THE
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1 ABILITY TO MATCH, THROUGH MONEY OR IN-KIND SERVICES,
2 ANY TRUST FUND MONEY RECEIVED, IN SUCH AMOUNTS AS
3 SHALL BE DEEMED APPROPRIATE BY THE COMMISSION, EXCEPT
4 THAT IN-KIND SERVICES MAY BE LIMITED TO A PERCENTAGE
5 OF THE REQUIRED MATCH. THE MONEY MATCH MAY BE DERIVED
6 FROM EITHER PRIVATE OR LOCAL GOVERNMENT SOURCES.
7 (B) THE ORGANIZATION OR AGENCY DEMONSTRATES THE
8 WILLINGNESS AND ABILITY TO PROVIDE PROGRAM MODELS AND
9 CONSULTATION TO OTHER ORGANIZATIONS AND THE COMMUNITY
10 REGARDING PROGRAM DEVELOPMENT AND MAINTENANCE.
11 (C) THE PROPOSAL REPRESENTS NEW AND INNOVATIVE
12 PROGRAMS AND SERVICES WHICH CAN BE COORDINATED WITH
13 BUT DO NOT DUPLICATE EXISTING PREVENTION PROGRAMS AND
14 SERVICES.
15 (IV) OVERSEE THE COORDINATION AND FACILITATE THE
16 EXCHANGE OF INFORMATION ON THE ESTABLISHMENT AND
17 MAINTENANCE OF PREVENTION PROGRAMS.
18 Section 2 3. Section 6(a) and (b) of the act, amended <--
19 December 17, 1981 (P.L.429, No.134), are amended to read:
20 Section 6. Juvenile Advisory Committee.
21 (a) Establishment and membership.--There is hereby
22 established the Juvenile Advisory Committee within the
23 commission. The members of the committee shall be appointed by
24 the Governor and shall include representation of units of local
25 government, law enforcement and juvenile justice agency
26 probation personnel, juvenile court judges, public and private
27 agencies and organizations concerned with delinquency prevention
28 or treatment and services to delinquency prevention or treatment
29 and services to dependent children, community-based prevention
30 in-treatment programs, organizations concerned with the quality
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1 of juvenile justice or that utilize volunteers to work with
2 delinquent or dependent children, businesses employing youth,
3 youth workers involved with alternative youth programs, persons
4 with special experience and competence in addressing the problem
5 of school violence and vandalism and the problem of learning
6 disabilities [and], representatives of public agencies concerned
7 with special education, professional providers of child abuse
8 prevention programs, a representative of the State Office of
9 Children, Youth and Families and a representative of a county
10 Office of Children and Youth Services. Members shall serve for a
11 four-year term, and may be appointed for no more than one
12 additional consecutive term.
13 (b) Number and qualifications.--The committee shall consist
14 of no less than 15 members or more than 33 members, all of whom
15 shall have had training or experience in juvenile justice or
16 child abuse AND NEGLECT prevention PROGRAMS AND SERVICES. A <--
17 majority of the members shall not be full-time employees of the
18 Federal, State or local governments. At least one-fifth of the
19 membership shall be under the age of 24 at the time of
20 appointment. At least three of those members of the committee
21 under 24 years of age at the time of appointment shall have been
22 or are currently under the jurisdiction of the juvenile justice
23 system.
24 * * *
25 Section 3 4. Section 7(1), (3) and (5) of the act are <--
26 amended to read:
27 Section 7. Powers and duties of the Juvenile Advisory
28 Committee.
29 The Juvenile Advisory Committee shall have the power, and its
30 duty shall be:
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1 (1) Serve in an advisory capacity to the commission
2 through the committee's participation in the development of
3 that part of the commission's comprehensive plan relating to
4 juvenile justice and child abuse AND NEGLECT prevention and <--
5 delinquency prevention.
6 * * *
7 (3) To advise the commission on the definition,
8 development and correlation of programs and projects and the
9 establishment of priorities for juvenile justice and child
10 abuse AND NEGLECT prevention and delinquency prevention. <--
11 * * *
12 (5) Upon request provide whatever assistance and advice
13 to the commission on any other matters relating to juvenile
14 justice and child abuse AND NEGLECT prevention and <--
15 delinquency prevention.
16 * * *
17 Section 4 5. The act is amended by adding sections to read: <--
18 Section 8.1. Child Abuse Fund. <--
19 (a) Establishment and appropriation.--There is hereby
20 established a special restricted receipts account in the State
21 Treasury to be known as the Child Abuse Fund. All moneys in the
22 fund are hereby appropriated to the commission on a continuing
23 basis.
24 (b) Collection.--
25 SECTION 8.1. CHILDREN'S TRUST FUND. <--
26 (A) ESTABLISHMENT AND APPROPRIATION.--THERE IS HEREBY
27 ESTABLISHED A SPECIAL NONLAPSING CHILDREN'S TRUST FUND IN THE
28 STATE TREASURY, FROM WHICH, ON AN ANNUAL BASIS, THE STATE
29 TREASURY SHALL MAKE AVAILABLE TO THE COMMISSION FOR ITS USE,
30 CONSISTENT WITH THE PROVISIONS OF SECTION 3(17), AN AMOUNT EQUAL
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1 TO ONLY 75% OF ALL FUNDS RECEIVED BY THE FUND IN THE PREVIOUS
2 FISCAL YEAR UNTIL THE PRINCIPAL OF THE FUND EQUALS $20,000,000.
3 THE FUND SHALL RECEIVE THE FOLLOWING COLLECTIONS ONLY UNTIL SUCH
4 TIME AS THE PRINCIPAL OF THE FUND TOTALS $20,000,000.
5 (1) In addition to any other costs or fees imposed by
6 statute or rule of court, the clerk of orphans' court shall,
7 prior to issuing a marriage license or declaration, collect
8 the sum of $5.
9 (2) In addition to any other costs or fees imposed by
10 statute or rule of court, the prothonotary or the equivalent
11 in home rule counties shall, upon the filing of a divorce or
12 annulment complaint, collect the sum of $10.
13 (3) The amounts so collected under this subsection shall
14 be paid to the Department of Revenue for deposit in the fund.
15 UPON CERTIFICATION BY THE STATE TREASURY THAT THE PRINCIPAL <--
16 OF THE FUND EQUALS $20,000,000, AMOUNTS COLLECTED UNDER
17 CLAUSES (1) AND (2) SHALL THEREAFTER BE DEPOSITED IN THE
18 GENERAL FUND.
19 (B) INTEREST ON FUND.--BEGINNING WITH THE FIRST FISCAL YEAR
20 COMMENCING AFTER THE PRINCIPAL OF THE FUND EQUALS $20,000,000,
21 THE STATE TREASURY SHALL MAKE AVAILABLE TO THE COMMISSION AN
22 AMOUNT EQUAL TO THE TOTAL INTEREST EARNED ON THE PRINCIPAL
23 AMOUNT DURING THE PRIOR 12-MONTH PERIOD.
24 Section 8.2. Distribution. <--
25 (a) Programs.--Moneys in the fund shall be distributed by
26 the commission to develop and implement new and innovative
27 programs for the prevention, reduction and elimination of child
28 abuse and child abductions by a nonparent, including, but not
29 limited to:
30 (1) Programs and service to children and their families
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1 designed to prevent, reduce or eliminate child abuse and
2 child abductions by a nonparent.
3 (2) Instructional, educational and training programs
4 which disseminate information and techniques on the
5 prevention and recognition of child abuse and the prevention
6 of child abductions by a nonparent.
7 (3) The study and evaluation of the causes and effects
8 of child abuse, the effectiveness of programs and services
9 designed to prevent or assist the victims of child abuse and
10 to plan and coordinate the delivery of necessary child abuse
11 services.
12 (b) Audit.--The Auditor General shall conduct an audit of
13 the account as necessary or advisable but no less than once
14 every three years.
15 (c) Administrative costs.--All administrative costs incurred
16 by the commission for the administration of the programs under
17 subsection (a) shall be paid solely from the Child Abuse Fund.
18 Under no circumstances shall these administrative costs in each
19 fiscal year exceed 5% of the total funds to be deposited in each
20 fiscal year into the Child Abuse Fund.
21 Section 8.3. Restrictions.
22 (a) Approval by county children and youth agencies.--All
23 programs receiving grants shall be approved by the respective
24 county children and youth agency. Said agencies shall make
25 annual reports to the commission on the effectiveness of the
26 programs receiving grants.
27 (b) Matching funds.--Political subdivisions, or other
28 organizations, agencies or individuals shall for the first year
29 match with money, 10% of the amount received from the fund.
30 Units of government or other organizations, agencies or
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1 individuals shall in the second year match with money, 25% of
2 the amount received from the fund.
3 (c) Supplantation prohibited.--Funding for existing or
4 ongoing services or programs of local or State agencies shall
5 not be replaced by funds made available under this act.
6 Section 5. One year from the effective date of this act, the
7 commission shall promulgate the initial State plan for the
8 distribution of moneys in the Child Abuse Fund, as provided in
9 section 3(1) of the act.
10 SECTION 8.2. ADMINISTRATIVE COSTS. <--
11 THE COMMISSION MAY USE NO MORE THAN 5% OF THE AMOUNT
12 ALLOCATED BY THE STATE TREASURY UNDER SECTION 8.1 FOR THE COSTS
13 OF ADMINISTERING THE CHILD ABUSE AND NEGLECT PREVENTION PROGRAM.
14 ANY ADDITIONAL AMOUNTS NECESSARY FOR THE ADMINISTRATION OF THIS
15 PROGRAM SHALL BE DERIVED FROM THE GENERAL FUND APPROPRIATION
16 RECEIVED BY THE COMMISSION.
17 Section 6. This act shall take effect in 60 days.
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