PRINTER'S NO. 3540
No. 2542 Session of 2000
INTRODUCED BY ZIMMERMAN, ARMSTRONG, THOMAS, BASTIAN, BELFANTI,
BENNINGHOFF, CAPPABIANCA, CLYMER, M. COHEN, FLICK, GEIST,
HALUSKA, HENNESSEY, HERSHEY, HORSEY, JOSEPHS, MICOZZIE,
S. MILLER, NICKOL, PHILLIPS, PISTELLA, RAMOS, ROBERTS,
ROEBUCK, SATHER, SCHRODER, SEMMEL, SHANER, SOLOBAY, STABACK,
STERN, E. Z. TAYLOR, TIGUE, TRELLO, TRUE, TULLI, WALKO,
WASHINGTON, WILLIAMS, WILT, WOJNAROSKI, YOUNGBLOOD AND
L. I. COHEN, MAY 11, 2000
REFERRED TO COMMITTEE ON AGING AND YOUTH, MAY 11, 2000
AN ACT
1 Requiring county agencies to give first consideration to foster
2 parents in adoption proceedings.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Foster Child
7 Adoption Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Child." An individual who:
13 (1) is under 18 years of age;
14 (2) is under 21 years of age and who committed an act of
15 delinquency before reaching 18 years of age; or
1 (3) is under 21 years of age and who was adjudicated
2 dependent before reaching 18 years of age and while engaged
3 in a course of instruction or treatment requests the court to
4 retain jurisdiction until the course has been completed.
5 "County agency." The county children and youth social
6 service agency established pursuant to section 405 of the act of
7 June 24, 1937 (P.L.2017, No.396), known as the County
8 Institution District Law, or its successor, and supervised by
9 the Department of Public Welfare under Article IX of the act of
10 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
11 "Foster family." The living unit, including the foster
12 family residence and foster parent, approved by a foster family
13 care agency to provide foster family care to a child.
14 "Foster family care." Residential care and supervision
15 provided to a child placed with a foster family.
16 "Foster family care agency." A public or private agency
17 which recruits, approves, supervises and places children with
18 foster families.
19 "Foster parent." An individual approved by a foster family
20 care agency who is responsible for providing foster family care
21 to a child placed by a foster family care agency.
22 Section 3. First consideration of foster parents.
23 (a) General rule.--In cases where a foster family care
24 agency places a child in the care of a foster family and the
25 child's goal has been changed to adoption and the child has
26 resided with that approved foster family for six months or more,
27 the foster parent shall be given first consideration by the
28 county agency as the child's potential adoptive parent. During
29 its decision-making process, the county agency shall give
30 primary consideration to the child's psychological bonding to
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1 the foster parent.
2 (b) Consideration of other individuals.--If the county
3 agency decides to consider other individuals as potential
4 adoptive parents for the child, the county agency shall document
5 the reasons for such consideration in the child's case record.
6 (c) Certain concerns not to be considered.--No foster parent
7 shall be denied primary consideration as an adoptive parent for
8 a child in the foster parent's care for six months or more
9 simply because of concerns regarding an inability to access that
10 individual as a foster parent for other children in the future.
11 Section 4. Regulations.
12 The Department of Public Welfare shall promulgate regulations
13 regarding county agency responsibilities pursuant to this act
14 not later than six months following the effective date of this
15 act. The regulations shall include the ability of foster parents
16 to appeal a relocation of a child from the foster family in
17 cases where the foster parent alleges that the county agency did
18 not act in accordance with this act.
19 Section 5. Effective date.
20 This act shall take effect immediately.
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