THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BOSCOLA, BROWNE, TARTAGLIONE, FERLO AND FONTANA, FEBRUARY 25, 2011

REFERRED TO JUDICIARY, FEBRUARY 25, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for assessment

and counseling of chronic runaway children.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6302 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding a definition to read:

§ 6302.  Definitions.

The following words and phrases when used in this chapter

shall have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Chronic runaway child."  A child who comes to the attention

of law enforcement officers as a runaway more than once in any

month or at least three times in any year.

* * *

Section 2.  Sections 6327(f) and 6331 of Title 42 are amended

to read:

§ 6327.  Place of detention.

* * *

(f)  Development of approved shelter care programs.--

(1)  The Department Public Welfare shall develop or

assist in the development in each county of this Commonwealth

approved programs for the provision of shelter care for

children needing these services who have been taken into

custody under section 6324 (relating to taking into custody)

and for children referred to or under the jurisdiction of the

court.

(2)  A county may develop a chronic runaway children

treatment plan to address problems with chronic runaway

children in the county. The county must submit the plan to

the department for approval and may request funding for its

implementation, and the department may award funding to a

county to implement an approved county runaway children

treatment plan. The plan must identify the problems

associated with chronic runaway children in the county and

specific solutions the county will implement, including, but

not limited to, the development and operation of a chronic

runaway children assessment and counseling center.

§ 6331.  Release from detention or commencement of proceedings.

(a)  General rule.--If a child is brought before the court or

delivered to a detention or shelter care facility designated by

the court, the intake or other authorized officer of the court

shall immediately make an investigation and release the child

unless it appears that his detention or shelter care is

warranted or required under section 6325 (relating to detention

of child). The release of the child shall not prevent the

subsequent filing of a petition as provided in this chapter. If

he is not so released, a petition shall be promptly made and

presented to the court within 24 hours or the next court

business day of the admission of the child to detention or

shelter care.

(b)  Chronic runaway children.--

(1)  Within 24 hours of being detained, either in a

runaway assessment and treatment center or a detention

facility, a chronic runaway child shall be assessed by a

counselor who specializes in runaway profiles to determine

the following:

(i)  The reasons why the child is a chronic runaway.

(ii)  Whether the child should be adjudicated

dependent.

(iii)  What treatment procedures should be prescribed

for the child and for the parent, legal guardian or

custodian from whom the child ran away.

(2)  As soon as practicable following the assessment, and

not later than the informal hearing required under section

6332 (relating to informal hearing), the child, the counselor

and the child's parent, legal guardian or custodian shall

meet in an initial counseling session for the purpose of:

(i)  Identifying the underlying causes for the

runaway behavior.

(ii)  Developing a plan to address those causes.

(3)  A chronic runaway child shall be released from a

runaway assessment and treatment center to the child's

parent, legal guardian or custodian after the initial

counseling session unless the counselor believes that it

would not be in the best interest of the child to do so.

(4)  A chronic runaway child may be adjudicated dependent

if the child's parent:

(i)  Fails to attend this initial counseling session.

(ii)  Is unwilling to take custody of the child at

the conclusion of the informal hearing.

(iii)  The court finds other compelling reasons to do

so, including, but not limited to, the counselor's

recommendations.

Section 3.  This act shall take effect in 60 days.