THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SAMUELSON, BISHOP, BRENNAN, BROWN, CALTAGIRONE, CLYMER, FABRIZIO, FREEMAN, GOODMAN, KORTZ, KOTIK, MANN, MILLER, MURPHY, M. O'BRIEN, PASHINSKI AND SIPTROTH, APRIL 19, 2010

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 19, 2010  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in juvenile matters,

further providing for disposition of dependent child.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6351(f) of Title 42 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

adding subsections to read:

§ 6351.  Disposition of dependent child.

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(b.1)  County agency notice to adult grandparents and other

adult relatives.--If an order of disposition under subsection

(a) has been entered that removes a dependent child from the

child's home and transfers temporary legal custody to a county

agency, the county agency shall, within 30 days of the child's

removal from the child's home, exercise due diligence to

identify and notify the child's adult grandparents and other

adult relatives, subject to exceptions due to family or domestic

violence, and explain options under Federal and State law to

participate in the care and placement of the child, including

becoming a foster parent, permanent legal custodian, adoptive

resource or individual who will participate in the child's

planning and other activities.

* * *

(f)  Matters to be determined at permanency hearing.--At each

permanency hearing, a court shall determine all of the

following:

(1)  The continuing necessity for and appropriateness of

the placement.

(2)  The appropriateness, feasibility and extent of

compliance with the permanency plan developed for the child.

(3)  The extent of progress made toward alleviating the

circumstances which necessitated the original placement.

(4)  The appropriateness and feasibility of the current

placement goal for the child.

(5)  The likely date by which the placement goal for the

child might be achieved.

(5.1)  Whether reasonable efforts were made to finalize

the permanency plan in effect.

(6)  Whether the child is safe.

(7)  If the child has been placed outside the

Commonwealth, whether the placement continues to be best

suited to the safety, protection and physical, mental and

moral welfare of the child.

(8)  The services needed to assist a child who is 16

years of age or older to make the transition to independent

living.

(9)  If the child has been in placement for at least 15

of the last 22 months or the court has determined that

aggravated circumstances exist and that reasonable efforts to

prevent or eliminate the need to remove the child from the

child's parent, guardian or custodian or to preserve and

reunify the family need not be made or continue to be made,

whether the county agency has filed or sought to join a

petition to terminate parental rights and to identify,

recruit, process and approve a qualified family to adopt the

child unless:

(i)  the child is being cared for by a relative best

suited to the physical, mental and moral welfare of the

child;

(ii)  the county agency has documented a compelling

reason for determining that filing a petition to

terminate parental rights would not serve the needs and

welfare of the child; or

(iii)  the child's family has not been provided with

necessary services to achieve the safe return to the

child's parent, guardian or custodian within the time

frames set forth in the permanency plan.

(10)  Whether within 30 days of the child's removal from

the child's home, the county agency has exercised due

diligence to identify and notify the child's adult

grandparents and other adult relatives, subject to exceptions

due to family or domestic violence, and explained options

under Federal and State law to participate in the care and

placement of the child, including becoming a foster parent,

permanent legal custodian, adoptive resource or individual

who will participate in the child's planning and other

activities.

For children placed in foster care on or before November 19,

1997, the county agency shall file or join a petition for

termination of parental rights under this subsection in

accordance with section 103(c)(2) of the Adoption and Safe

Families Act of 1997 (Public Law 105-89, 111 Stat. 2119).

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(j)  Definition.--As used in this section, the term "adult

relative" means an adult who is related within the third degree

of consanguinity or affinity.

Section 2.  This act shall take effect in 60 days.