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        PRIOR PRINTER'S NOS. 1866, 2559               PRINTER'S NO. 2656

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.
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     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
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     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)
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     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.









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