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| PRIOR PRINTER'S NO. 3218 | PRINTER'S NO. 3591 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BRIGGS, PALLONE, BAKER, BELFANTI, BISHOP, BRADFORD, CALTAGIRONE, DALEY, FREEMAN, HALUSKA, HORNAMAN, HOUGHTON, JOSEPHS, KORTZ, McGEEHAN, MUNDY, SANTARSIERO, SIPTROTH, SWANGER AND FLECK, FEBRUARY 16, 2010 |
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| AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 21, 2010 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in juvenile matters, |
3 | providing for sibling placement and visitation further | <-- |
4 | providing for disposition of dependent child. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Title 42 of the Pennsylvania Consolidated | <-- |
8 | Statutes is amended by adding a section to read: |
9 | § 6351.2. Sibling placement and visitation. |
10 | (a) Disposition review hearing findings.--At the disposition |
11 | review hearing, the court must make findings: |
12 | (1) that reasonable efforts have been made to place |
13 | siblings together; or |
14 | (2) the reason why the safety or well-being of any of |
15 | the siblings would be negatively affected because of joint |
16 | placement. |
17 | (b) Disposition review hearing visitation orders.--If a |
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1 | finding has been made that joint placement is contrary to the |
2 | safety or well-being of any of the siblings, the court shall |
3 | enter an order that ensures visitation no less than twice a |
4 | month unless a finding is made that visitation is contrary to |
5 | the safety or well-being of any of the siblings. |
6 | (c) Permanency hearing findings.--At all permanency |
7 | hearings, the court must make findings: |
8 | (1) that reasonable efforts have been made to place |
9 | siblings together; or |
10 | (2) the reason why the safety or well-being of any of |
11 | the siblings would be negatively affected by joint placement. |
12 | (d) Permanency hearing visitation orders.--If a finding has |
13 | been made that joint placement is contrary to the safety or |
14 | well-being of any of the siblings, the court shall enter an |
15 | order that ensures visitation no less than twice a month unless |
16 | a finding is made that visitation is contrary to the safety or |
17 | well-being of any of the siblings. |
18 | Section 1. Section 6351(b) of Title 42 of the Pennsylvania | <-- |
19 | Consolidated Statutes is amended, subsection (f) is amended by |
20 | adding paragraphs and the section is amended by adding a |
21 | subsection to read: |
22 | § 6351. Disposition of dependent child. |
23 | * * * |
24 | (b) Required preplacement findings.--Prior to entering any |
25 | order of disposition under subsection (a) that would remove a |
26 | dependent child from his home, the court shall enter findings on |
27 | the record or in the order of court as follows: |
28 | (1) that continuation of the child in his home would be |
29 | contrary to the welfare, safety or health of the child; and |
30 | (2) whether reasonable efforts were made prior to the |
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1 | placement of the child to prevent or eliminate the need for |
2 | removal of the child from his home, if the child has remained |
3 | in his home pending such disposition; or |
4 | (3) if preventive services were not offered due to the |
5 | necessity for an emergency placement, whether such lack of |
6 | services was reasonable under the circumstances; [or] |
7 | (4) if the court has previously determined pursuant to |
8 | section 6332 (relating to informal hearing) that reasonable |
9 | efforts were not made to prevent the initial removal of the |
10 | child from his home, whether reasonable efforts are under way |
11 | to make it possible for the child to return home[.]; or |
12 | (5) if the child has a sibling who is subject to removal |
13 | from his home, whether reasonable efforts were made prior to |
14 | the placement of the child to place the siblings together or |
15 | whether such joint placement is contrary to the safety or |
16 | well-being of the child or sibling. |
17 | The court shall not enter findings under paragraph (2), (3) or |
18 | (4) if the court previously determined that aggravated |
19 | circumstances exist and no new or additional reasonable efforts |
20 | to prevent or eliminate the need for removing the child from the |
21 | home or to preserve and reunify the family are required. |
22 | (b.1) Visitation for child and sibling.--If a sibling of a |
23 | child has been removed from his home and is in a different |
24 | placement setting than the child, the court shall enter an order |
25 | that ensures visitation between the child and the child's |
26 | sibling no less than twice a month, unless a finding is made |
27 | that visitation is contrary to the safety or well-being of the |
28 | child or sibling. |
29 | * * * |
30 | (f) Matters to be determined at permanency hearing.--At each |
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1 | permanency hearing, a court shall determine all of the |
2 | following: |
3 | * * * |
4 | (10) If a sibling of a child has been removed from his |
5 | home and is in a different placement setting than the child, |
6 | whether reasonable efforts have been made to place the child |
7 | and the sibling of the child together or whether such joint |
8 | placement is contrary to the safety or well-being of the |
9 | child or sibling. |
10 | (11) If the child has a sibling, whether visitation of |
11 | the child with that sibling is occurring no less than twice a |
12 | month, unless a finding is made that visitation is contrary |
13 | to the safety or well-being of the child or sibling. |
14 | * * * |
15 | Section 2. This act shall take effect in 60 days. |
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