PRINTER'S NO. 1866
No. 1511 Session of 2007
INTRODUCED BY SHIMKUS, DERMODY, BELFANTI, BISHOP, BRENNAN,
CURRY, CUTLER, HICKERNELL, JAMES, LENTZ, MAHONEY, MUNDY,
SIPTROTH, MOUL AND FABRIZIO, JUNE 7, 2007
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 7, 2007
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 notice and hearing in juvenile matters.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6336.1 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6336.1. Notice and hearing.
9 (a) General rule.--The court shall direct the county agency
10 or juvenile probation department to provide the child's foster
11 parent, preadoptive parent or relative providing care for the
12 child with timely notice of the hearing. The court shall provide
13 the child's foster parent, preadoptive parent or relative
14 providing care for the child the opportunity to be heard at any
15 hearing under this chapter. Unless a foster parent, preadoptive
16 parent or relative providing care for a child has been awarded
17 legal custody pursuant to section 6357 (relating to rights and
18 duties of legal custodian), nothing in this section shall give
1 the foster parent, preadoptive parent or relative providing care
2 for the child legal standing in the matter being heard by the
3 court.
4 (b) Permanency hearings.--
5 (1) Prior to a permanency hearing under section 6351(e)
6 (relating to disposition of dependent child), a child's
7 foster parent or parents, preadoptive parent or relative
8 providing care for the child may submit to the court a report
9 in regard to the child's adjustment, progress and condition.
10 (2) The county agency shall notify the foster parent or
11 parents, preadoptive parent or relative providing care for
12 the child of the right to submit a report under this
13 subsection to the court on a form under paragraph (3). The
14 county agency shall provide the foster parent or parents,
15 preadoptive parent or relative providing care for the child
16 with information identifying the name of the judge or officer
17 of the court, along with mailing address, to whom the report
18 is to be submitted.
19 (3) The Department of Public Welfare shall develop a
20 form for use by a foster parent or parents, preadoptive
21 parent or relative providing care for the child, including
22 the following information:
23 (i) Date of completion.
24 (ii) Name and address of child.
25 (iii) Name and address of foster parent or parents,
26 preadoptive parent or relative providing care for the
27 child.
28 (iv) Name of primary caseworker and agency.
29 (v) Description of child's adjustment in the home.
30 (vi) Description of child's interaction with foster
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1 parent or parents, preadoptive parent or relative
2 providing care and with family members of individuals
3 referred to in this subparagraph.
4 (vii) Description of child's interaction with
5 others.
6 (viii) Evaluation of child's respect for property.
7 (ix) Description of physical and emotional condition
8 of child.
9 (x) Description of child's interaction with the
10 primary caseworker.
11 (xi) Description of caseworker's interaction with
12 the child and foster parent or parents, preadoptive
13 parent or relative providing care for the child and with
14 family members of individuals referred to in this
15 paragraph.
16 (xii) Description of educational status, grades,
17 attendance and behavior of child in school or child's
18 experience in a child day-care setting or early childhood
19 development program.
20 (xiii) Description of child's experience involving
21 visitation with birth parents, specifying if visitation
22 is supervised or unsupervised and any significant events
23 which occurred.
24 (xiv) Opinion on overall adjustment, progress and
25 condition of the child.
26 (xv) Other concerns or comments.
27 (4) The report shall be confidential and shall be
28 reviewed by the court, the child's guardian ad litem and
29 court-appointed special advocate, if appointed pursuant to
30 section 6342 (relating to court-appointed special advocates).
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1 The court may release the report to a county agency, the
2 Department of Public Welfare, or another individual or agency
3 if the court determines it is in the child's best interests
4 to do so.
5 Section 2. This act shall take effect in 60 days.
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