PRIOR PRINTER'S NOS. 1866, 2559 PRINTER'S NO. 2656
No. 1511 Session of 2007
INTRODUCED BY SHIMKUS, DERMODY, BELFANTI, BISHOP, BRENNAN, CURRY, CUTLER, HICKERNELL, JAMES, LENTZ, MAHONEY, MUNDY, SIPTROTH, MOUL, FABRIZIO AND CALTAGIRONE, JUNE 7, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 16, 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. Sections 6336.1 and 6351(e)(1) of Title 42 of the 7 Pennsylvania Consolidated Statutes are 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] right to be heard 15 at any hearing under this chapter. Unless a foster parent, 16 preadoptive parent or relative providing care for a child has 17 been awarded legal custody pursuant to section 6357 (relating to
1 rights and duties of legal custodian), nothing in this section 2 shall give the foster parent, preadoptive parent or relative 3 providing care for the child legal standing in the matter being 4 heard by the court. 5 (b) Permanency hearings.-- 6 (1) Prior to a permanency hearing under section 6351(e) 7 (relating to disposition of dependent child), a child's 8 foster parent or parents, preadoptive parent or relative 9 providing care for the child may submit to the court a report 10 in regard to the child's adjustment, progress and condition. 11 (2) The county agency shall notify the foster parent or 12 parents, preadoptive parent or relative providing care for 13 the child of the right to submit a report under this 14 subsection to the court on a form under paragraph (3). The 15 county agency shall provide the foster parent or parents, 16 preadoptive parent or relative providing care for the child 17 with information identifying the name of the judge or officer 18 of the court, along with mailing address, to whom the report 19 is to be submitted. 20 (3) The Department of Public Welfare shall develop a 21 form for use by a foster parent or parents, preadoptive 22 parent or relative providing care for the child, including 23 the following information: 24 (i) Date of completion. 25 (ii) Name and address of child. 26 (iii) Name and address of foster parent or parents, 27 preadoptive parent or relative providing care for the 28 child. 29 (iv) Name of primary caseworker and agency. 30 (v) Description of child's adjustment in the home. 20070H1511B2656 - 2 -
1 (vi) Description of child's interaction with foster 2 parent or parents, preadoptive parent or relative 3 providing care and with family members of individuals 4 referred to in this subparagraph. 5 (vii) Description of child's interaction with 6 others. 7 (viii) Evaluation of child's respect for property. 8 (ix) Description of physical and emotional condition 9 of child. 10 (x) Description of child's interaction with the 11 primary caseworker. 12 (xi) Description of caseworker's interaction with 13 the child and foster parent or parents, preadoptive 14 parent or relative providing care for the child and with 15 family members of individuals referred to in this 16 paragraph. 17 (xii) Description of educational status, grades, 18 attendance and behavior of child in school or child's 19 experience in a child day-care setting or early childhood 20 development program. 21 (xiii) Description of child's experience involving 22 visitation with birth parents, specifying if visitation 23 is supervised or unsupervised and any significant events 24 which occurred. 25 (xiv) Opinion on overall adjustment, progress and 26 condition of the child. 27 (xv) Other concerns or comments. 28 (4) The report shall be reviewed by the court, the 29 county agency, the child's guardian ad litem and court- 30 appointed special advocate, if appointed pursuant to section 20070H1511B2656 - 3 -
1 6342 (relating to court-appointed special advocates). The 2 court may release the report to the Department of Public 3 Welfare or another individual or agency if the court 4 determines it is in the child's best interests to do so. 5 (5) A county agency OR A PRIVATE AGENCY AS DEFINED UNDER <-- 6 23 PA.C.S. § 6303 (RELATING TO DEFINITIONS) shall not take 7 any retaliatory action against a foster parent, preadoptive 8 parent or relative for any information, comments or concerns 9 provided in good faith in a report under this subsection. 10 This paragraph shall not be construed to prevent any agency 11 from taking any action if the report contains information 12 that the foster parent, preadoptive parent or relative has 13 engaged in any conduct that is contrary to any regulation or 14 law or is not in the child's best interest. 15 § 6351. Disposition of dependent child. 16 * * * 17 (e) Permanency hearings.-- 18 (1) The court shall conduct a permanency hearing for the 19 purpose of determining or reviewing the permanency plan of 20 the child, the date by which the goal of permanency for the 21 child might be achieved and whether placement continues to be 22 best suited to the safety, protection and physical, mental 23 and moral welfare of the child. In any permanency hearing 24 held with respect to the child, the court shall consult in an <-- 25 age-appropriate manner with the child regarding the proposed 26 permanency plan for the child. The court may consult with a 27 child through a guardian ad litem under section 6311 28 (relating to guardian ad litem for child in court 29 proceedings) or court-appointed special advocate under 30 section 6342 (relating to court-appointed special advocates) 20070H1511B2656 - 4 -
1 and determine if attendance of the child is required at a 2 hearing. HELD WITH RESPECT TO THE CHILD, THE COURT SHALL DO <-- 3 ONE OF THE FOLLOWING: 4 (I) CONSULT WITH THE CHILD REGARDING THE CHILD'S 5 PERMANENCY PLAN IN A MANNER APPROPRIATE TO THE CHILD'S 6 AGE AND MATURITY. 7 (II) ENSURE THAT THE VIEWS OF THE CHILD REGARDING 8 THE PERMANENCY PLAN ARE ASCERTAINED AND COMMUNICATED TO 9 THE COURT BY: 10 (A) THE GUARDIAN AD LITEM OF THE CHILD; 11 (B) THE CHILD'S COUNSEL, AS APPROPRIATE TO THE 12 CIRCUMSTANCES OF THE CASE; 13 (C) THE COURT-APPOINTED SPECIAL ADVOCATE FOR THE 14 CHILD; OR 15 (D) ANOTHER INDIVIDUAL DESIGNATED BY THE COURT. 16 * * * 17 Section 2. This act shall take effect in 60 days. C15L42JKL/20070H1511B2656 - 5 -