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PRINTER'S NO. 535
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
477
Session of
2015
INTRODUCED BY HICKERNELL, TOOHIL, BISHOP, COHEN, DUSH, FEE,
HARHART, HEFFLEY, MENTZER, MILLARD, MURT, PICKETT, ROEBUCK,
ROZZI, YOUNGBLOOD AND ZIMMERMAN, FEBRUARY 17, 2015
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, FEBRUARY 17, 2015
AN ACT
Providing for activities and experiences for children in out-of-
home placements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Activities
and Experiences for Children in Out-of-Home Placements Act.
Section 2. Legislative intent.
The General Assembly finds and declares as follows:
(1) Parents and guardians make important decisions every
day regarding the participation of their children in
activities. Caregivers of children in out-of-home placements
are faced with making the same decisions for children in
their care.
(2) When a caregiver of a child in an out-of-home
placement makes a decision regarding the child's
participation in an activity, the caregiver must consider
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applicable laws and policies designed to safeguard the
child's health and safety. However, these laws and policies
are sometimes interpreted to prohibit a child from
participating in age-appropriate and developmentally
appropriate extracurricular and community activities that are
important to healthy child and adolescent development.
(3) Participation in activities in school and the
community is important to a child's well-being, both
emotionally and in terms of developing valuable life skills
and building healthy supportive relationships with peers and
caring adults. Providing children with age-appropriate and
developmentally appropriate opportunities to experience
freedom and responsibility are central to making a successful
transition to adulthood.
(4) It is the intent of the General Assembly to
recognize the importance of normalizing the lives of children
in out-of-home placements and to empower their caregivers to
approve or disapprove a child's participation in activities
without prior approval of the department, the child's
caseworker or the court.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Age-appropriate and developmentally appropriate." The
following:
(1) activities or items that are generally accepted as
suitable for children of the same chronological age or level
of maturity or that are determined to be developmentally
appropriate for a child, based on the development of
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cognitive, emotional, physical and behavioral capacities that
are typical for an age or age group; or
(2) in the case of a specific child, activities or items
that are suitable for the child based on the developmental
stages attained by the child with respect to the cognitive,
emotional, physical and behavioral capacities of the child.
"Caregiver." A person with whom the child is placed in an
out-of-home placement, including a resource family or an
individual designated by a facility licensed under 55 Pa. Code
Ch. 3800 (relating to child residential and day treatment
facilities) or any other setting in which a dependent child is
placed by a court under 42 Pa.C.S. § 6351 (relating to
disposition of dependent child).
"County agency." The county children and youth social
service agency established in accordance with section 405 of the
act of June 24, 1937 (P.L.2017, No.396), known as the County
Institution District Law, or its successor, and supervised by
the department under Article IX of the act of June 13, 1967
(P.L.31, No.21), known as the Public Welfare Code.
"Department." The Department of Human Services of the
Commonwealth.
"Out-of-home placement." An out-of-home placement under 42
Pa.C.S. 6351.
"Private agency." A children and youth social service agency
subject to the requirements of 55 Pa. Code Ch. 3680 (relating to
administration and operation of a children and youth social
service agency).
"Reasonable and prudent parent standard." The standard
characterized by careful and sensible parental decisions that
maintain the health, safety and best interests of a child while
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encouraging the emotional and developmental growth of the child.
Section 4. Access and standard.
(a) Access to activities and experiences.--Subject to
subsection (b), a child in an out-of-home placement is entitled
to engage in, to the greatest extent possible, age-appropriate
and developmentally appropriate activities and experiences. A
child with a disability or special needs in an out-of-home
placement shall have the same access to age-appropriate and
developmentally appropriate activities and experiences as the
child's nondisabled peers, even if reasonable accommodations are
required.
(b) Caregiver authority.--Caregivers have the authority to
provide or withhold permission for children in their care to
participate in and experience age-appropriate and
developmentally appropriate activities and experiences in
accordance with this section. The authority of a caregiver:
(1) Must be exercised using the reasonable and prudent
parent standard and in accordance with any applicable court
order, individual service plan and family service plan.
(2) May be exercised without the prior approval of a
county agency or private agency.
(c) Reasonable and prudent parent standard.--When using the
reasonable and prudent parent standard, a caregiver must
consider all of the following:
(1) The child's age, maturity and developmental level to
maintain the overall health and safety of the child.
(2) The potential risk factors and the appropriateness
of the extracurricular, enrichment or social activity or
experience.
(3) The best interest of the child, based on information
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known by the caregiver.
(4) The child's wishes.
(5) The importance of encouraging the child's emotional
and developmental growth.
(6) The importance of supporting the child in developing
skills to successfully transition to adulthood.
(7) The importance of providing the child with the most
family-like living experience possible.
(8) Any special needs or accommodations that the child
may need to safely participate in the activity or experience.
(d) Limitation of liability.--A caregiver shall not be
liable for harm caused to a child while engaged in an activity
or experience approved by the caregiver if:
(1) the caregiver has used the reasonable and prudent
parent standard in approving the activity or experience; and
(2) the approval is in accordance with any applicable
court order, individual service plan and family service plan.
(e) Other liability protection.--This section shall not
remove or limit any existing liability protection afforded by
any other law.
Section 5. Obligations of department.
The Office of Children, Youth and Families of the department
shall do all of the following:
(1) Require, as a condition of licensure for foster
family care agencies and child-care facilities, the
development of standards and training relating to the
reasonable and prudent parent standard. The standards and
training shall include, but are not limited to, the
following:
(i) knowledge and skills relating to the
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developmental stages of the cognitive, emotional,
physical and behavioral capacities of a child; and
(ii) knowledge and skills relating to applying the
reasonable and prudent parent standard to:
(A) decisions such as whether to allow a child
to engage in extracurricular, enrichment, cultural
and social activities, including sports, field trips
and overnight activities lasting one or more days;
and
(B) decisions involving the signing of
permission slips and arranging transportation for the
child to and from extracurricular, enrichment,
cultural and social activities.
(2) Verify, at yearly licensure reviews, that county and
private agencies providing out-of-home placement do all of
the following:
(i) Promote and protect the ability of a child to
participate in age-appropriate and developmentally
appropriate activities and experiences.
(ii) Implement policies consistent with this act.
(3) Develop standards and a process by which individuals
employed by child-care facilities are designated to make
decisions for children based on the reasonable and prudent
parent standard.
Section 6. County obligations.
A county agency shall do all of the following:
(1) Ensure that all out-of-home placement facilities
designate an individual to provide decision-making authority
under the reasonable and prudent parent standard for children
residing in their care. The individual designated should
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consult with social workers or treatment staff members who
are most familiar with the child at the applicable facility
in applying and using the reasonable and prudent parent
standard.
(2) Consistent with its case and placement planning
responsibilities under Federal and State law, ensure that the
child's individual service plan provides the opportunity to
participate in age-appropriate and developmentally
appropriate activities and experiences to the greatest extent
possible to promote healthy child and adolescent development
consistent with Federal law and this act. A child's
individual service plan shall include goals and objectives,
and the child's progress toward meeting the goals and
objectives, for the following:
(i) Participation in extracurricular, enrichment,
cultural and social activities.
(ii) For a child who is 16 years of age or older,
providing opportunities to gain experience in mastering
independent living skills and managing freedom and
responsibility.
Section 7. Dispositional review and permanency hearings.
At a dispositional review hearing under 42 Pa.C.S. § 6351
(relating to disposition of dependent child), the court shall
make findings that the child be provided with the opportunity to
participate in age-appropriate and developmentally appropriate
activities and experiences, to the greatest extent possible, to
promote healthy child and adolescent development, consistent
with Federal law and this act.
Section 8. Notifications.
(a) Caregiver.--The appropriate county agency shall provide
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a caregiver with written notification of the caregiver's
responsibilities and rights under this act. The notification
shall be provided at the time of the caregiver's licensure or
court approval and annually thereafter.
(b) Child.--The Office of Children, Youth and Families of
the department shall:
(1) Explain the rights of children under this act at
least annually as part of the family service and permanency
planning process and provide a child in an out-of-home
placement with a written explanation of the requirements of
this act. Consistent with the act of November 23, 2010
(P.L.1264, No.119), known as the Children in Foster Care Act,
the requirements of this paragraph shall be included in the
list of requirements under section 3 of the Children in
Foster Care Act, along with the explanation of the grievance
policy. A notation that these notifications have been
completed must be made in the child's record.
(2) Work with interested parties, including children, to
develop age-appropriate written materials that explain
children's rights under this act.
Section 9. This act shall take effect in 60 days.
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