THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WASHINGTON, LOGAN, KITCHEN AND HUGHES, JUNE 5, 2009

REFERRED TO PUBLIC HEALTH AND WELFARE, JUNE 5, 2009  

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," in children and youth,

further providing for payment to counties for services to

children; and providing for voluntary foster care extension.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 704.1(a) of the act of June 13, 1967

(P.L.31, No.21), known as the Public Welfare Code, is amended by

adding a paragraph to read:

Section 704.1.  Payments to Counties for Services to

Children.--(a)  The department shall reimburse county

institution districts or their successors for expenditures

incurred by them in the performance of their obligation pursuant

to this act and the act of December 6, 1972 (P.L.1464, No.333),

known as the "Juvenile Act," in the following percentages:

* * *

(2.1)  One hundred percent of the reasonable cost of

department-approved services for extended foster home care for

children who meet all of the following:

(i)  were adjudicated dependent before reaching eighteen

years of age;

(ii)  are at least eighteen years of age and under twenty-one

years of age; and

(iii)  entered into a voluntary written agreement with a

county agency for continuation of foster care placement and

services in accordance with Article VII-A and where the

agreement was approved by the court that adjudicated the child

dependent.

* * *

Section 2.  The act is amended by adding an article to read:

ARTICLE VII-A

VOLUNTARY FOSTER CARE EXTENSION

Section 701-A.  Scope of article.

This article relates to the extension of voluntary foster

care.

Section 702-A.  Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Agreement."  A voluntary foster care extension agreement

pursuant to this article.

"Child."  An individual:

(1)  whose custody has been transferred to the county

agency under 42 Pa.C.S. Ch. 63 (relating to juvenile matters)

or whom the agency has otherwise accepted for service;

(2)  who is at least 18 years of age and under 21 years

of age; and

(3)  who was adjudicated dependent before reaching 18

years of age.

"County agency."  The county children and youth social

service agency exercising the powers and duties provided for in

section 405 of the act of June 24, 1937 (P.L.2017, No.396),

known as the County Institution District Law, or its successor

agency, and supervised by the Department of Public Welfare under

Article IX.

Section 703-A.  Voluntary Foster Care Extension Program.

(a)  Establishment.--The Voluntary Foster Care Extension

Program is established within the department.

(b)  Voluntary foster care agreements.--

(1)  A county agency shall be authorized to enter into a

written voluntary foster care extension agreement with a

child for the continuation of foster care placement and

services commencing at 18 years of age through 21 years of

age or any lesser continuous period of time commencing at 18

years of age as provided by agreement.

(2)  The court that declared the child dependent must

approve the agreement in order for it to take effect.

(c)  Court approval of agreement.--The court shall grant

approval of the agreement if the court determines the agreement

to be in the best interest of the child. This determination

shall include consideration of the safety, protection, mental

and moral welfare of the child.

(d)  Contents of agreement.--An agreement shall include, but

not be limited to, the following:

(1)  A stated intent by the child to comply with the

terms of the agreement.

(2)  Authority for the county agency to petition the

court to discontinue foster care placement and services

resulting from a violation of the agreement by the child.

(3)  Any requirement imposed by a county agency.

(4)  Any requirement as determined by the department and

required by regulation.

(e)  Additional terms of agreement.--An agreement may include

the following:

(1)  Any requirement by the county agency for the child

to seek or obtain one or more of the following:

(i)  a graduate equivalency degree;

(ii)  vocational training;

(iii)  job counseling, training and placement;

(iv)  personal health education and instruction; or

(v)  other support services.

(2)  Other requirements determined by the county agency.

Section 3.  The Department of Public Welfare shall promulgate

regulations necessary to carry out the provisions of this act.

The regulations shall be subject to review pursuant to the act

of June 25, 1982 (P.L.633, No.181), known as the Regulatory

Review Act.

Section 4.  This act shall take effect in 180 days.