PRINTER'S NO. 2015
No. 1706 Session of 1981
INTRODUCED BY WACHOB, LASHINGER, HOEFFEL, POTT, IRVIS,
E. Z. TAYLOR, GREENWOOD, HALUSKA, KUKOVICH, PISTELLA,
MANDERINO, WAMBACH, DeWEESE, WHITE, COLE, MAIALE, DAWIDA,
KOWALYSHYN, GALLAGHER, PRATT, MORRIS, BELFANTI, LEVIN,
BERSON, MICHLOVIC, ITKIN AND VAN HORNE, JUNE 24, 1981
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JUNE 24, 1981
AN ACT
1 Establishing a procedure to periodically review the placement of
2 children temporarily removed from the custody of their
3 parents, providing for certain plans and hearings and
4 imposing duties on certain agencies, advisory committees and
5 the Department of Public Welfare.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the "Foster Care
10 Review Act."
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Agency." Any county children and youth social service
16 agency, a juvenile probation office or a private children and
17 youth social service agency having legal custody of a child.
18 "Child." An unemancipated person under the age of 18 years
1 who has been removed from the care of his parents either through
2 a voluntary agreement with an agency or pursuant to a court
3 order adjudicating the person dependent pursuant to 42 Pa.C.S.
4 Ch. 63 (relating to juvenile matters). The term does not include
5 a child alleged or adjudicated delinquent.
6 "Court." The court of common pleas.
7 "Parents." The natural or adoptive parents of a child,
8 including a legal guardian other than the natural or adoptive
9 parents. The term includes an individual parent who has been
10 granted sole legal custody of the child but does not include a
11 parent whose parental rights have been terminated.
12 "Placement service plan." The written statement developed
13 pursuant to section 3 by the agency having custody of a child
14 which contains the terms of service for the child and his
15 parents and which is developed when the child is removed from
16 the care of his parents.
17 Section 3. Placement service plan.
18 (a) Initial plan contents.--The agency having custody of a
19 child shall develop, within 30 days after the child has been
20 removed from the care of his parents, a placement service plan
21 in consultation with the child's parents or parents' counsel,
22 the child or the child's counsel, and the individual or agency
23 having physical care of the child during placement. The plan
24 shall be in writing and shall include but not be limited to:
25 (1) A description of the specific circumstances which
26 necessitated placement.
27 (2) Identification of the agency responsible for
28 directly providing the services to the child and the parents.
29 (3) The services to be provided to the child and the
30 child's parents while the child is in placement.
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1 (4) The duties and responsibilities of the agency, the
2 parents and the individual or agency having physical care of
3 the child during placement.
4 (5) The anticipated length of placement.
5 (6) The plan for visitation of the child with his
6 parents, including, but not limited to, the frequency,
7 location and participants in the visits.
8 (7) A statement indicating the degree of participation
9 of the child, parents and the individual or agency having
10 physical care of the child in the development of the plan,
11 including identification of areas of agreement and
12 disagreement.
13 (b) Additional elements to be added within 90 days.--Within
14 90 days after a child has been removed from the care of his
15 parents, the plan shall be updated to include, but need not be
16 limited to:
17 (1) The placement goal which will identify the type of
18 permanent placement planned for the child.
19 (2) A statement of the special needs or circumstances
20 that have prevented the child's return to his parents and the
21 appropriateness of the child's continued placement, including
22 specifically what efforts the agency has made to place the
23 child with his parent.
24 (c) Petition to terminate parental rights.--Six months after
25 a child has been removed from the care of his parents and every
26 six months thereafter, the plan shall include a statement on
27 whether the agency shall file a petition to terminate parental
28 rights.
29 (d) Periodic revision of plan.--The agency shall review the
30 plan every three months and shall revise the plan as necessary
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1 in consultation with the child's parents or parents' counsel,
2 the individual or agency having physical care, and the child or
3 the child's counsel.
4 Section 4. Placement review hearings.
5 (a) Hearing required.--Within six months after a child has
6 been removed from the care of his parents, the court shall
7 conduct a hearing to review the status, placement service plan,
8 and services provided to the child and his parents.
9 (b) Periodic hearings.--Until such time that the child is
10 returned to his parents or removed from the jurisdiction of the
11 court, there shall be a hearing every six months to review the
12 status, placement service plan and services provided to the
13 child in placement and to his parents.
14 (c) Additional hearings on motion or petition.--The court
15 may on its own motion, or shall in response to a petition from
16 any party, schedule a hearing any time prior to the required
17 review hearings.
18 (d) Counsel.--The child and his parents are entitled to
19 representation by legal counsel at all stages of any proceeding
20 under this act. If they are without financial resources or
21 otherwise unable to engage counsel, the court shall provide
22 counsel for them.
23 (e) Notice of hearings.--The court shall provide written
24 notice of the date, time and place of each court review hearing
25 to:
26 (1) The agency.
27 (2) The child.
28 (3) Each parent.
29 (4) Legal counsel for the child and the parents.
30 (5) Any other person the court determines has an
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1 interest in, or information relating to, the welfare of the
2 child, which may include the individual or agency having
3 physical care of the child.
4 (f) Matters to be determined at hearing.--All review
5 hearings held pursuant to this section shall include but not be
6 limited to a written determination as to whether:
7 (1) The goals and objectives of the placement service
8 plan are being met and continue to be appropriate.
9 (2) The services specified in the placement service plan
10 have been provided and continue to be appropriate.
11 (3) The conditions necessitating placement continue to
12 exist.
13 (4) The child and parents were consulted in establishing
14 the goals and objectives of the placement service plan.
15 (5) There are obstacles which may hinder or prevent the
16 return of the child to his home or other permanent placement
17 objective.
18 (6) There is an alternative to the continued placement
19 of the child.
20 (7) The parents have been afforded the opportunity and
21 have been encouraged to participate in a program of regular
22 visitation with the child.
23 (g) Court findings.--After each placement review hearing,
24 the court shall make specific written findings of fact
25 concerning the basis for its determinations under subsection (f)
26 and shall either:
27 (1) Order the return of the child to his parents.
28 (2) Order continued placement in accordance with the
29 plan currently in effect.
30 (3) Order continued placement in accordance with a new
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1 plan to be developed by the agency and approved by the court.
2 (4) Order any other service necessary to fulfill the
3 objectives of the plan.
4 (h) Application to children already in placement.--In the
5 case of a child removed from the care of the child's parents
6 before the effective date of this act, the first review hearing
7 concerning such child shall be completed no later than six
8 months after the effective date of this act. Subsequent review
9 hearings shall thereafter be held in accordance with this
10 section.
11 (i) Masters.--This act shall not preclude the use of masters
12 in accordance with the procedures and mandates set forth in 42
13 Pa.C.S. § 6305 (relating to masters). However, a party may
14 petition for a court review hearing presided over by a judge.
15 Section 5. Advisory committees for the county children and
16 youth social service agencies.
17 The advisory committee of each county children and youth
18 social service agency, established pursuant to Article VII of
19 the act of June 13, 1967 (P.L.31, No.21), known as the "Public
20 Welfare Code," and regulations adopted pursuant thereto, shall
21 be responsible for reporting to the agency and the Department of
22 Public Welfare on foster care services in each county. The
23 advisory committee shall submit an annual report to both the
24 agency and department which shall include, at a minimum, its
25 evaluation of and recommendations concerning the following:
26 (1) The agency's development of individual placement
27 service plans for each child in its care that are aimed at
28 providing the child with permanence, either through
29 reunification with his parents or through adoption.
30 (2) The agency's systematic and periodic review of the
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1 placement service plans for children in its care.
2 (3) The adequacy of services for children and parents,
3 including in-home services.
4 (4) Legal staff available to the agency to fulfill its
5 responsibilities pursuant to State laws related to the
6 custody, placement and adoption of children.
7 Section 6. Department of Public Welfare regulations.
8 The Department of Public Welfare shall promulgate and enforce
9 regulations consistent with the provisions of this act and in
10 accordance with its responsibilities under Articles VII, IX and
11 X of the "Public Welfare Code."
12 Section 7. Effective date.
13 This act shall take effect in 90 days.
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