PRINTER'S NO. 398
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
451
Session of
2015
INTRODUCED BY BOSCOLA, HUGHES, WILLIAMS, FONTANA, BROWNE,
BREWSTER AND VULAKOVICH, FEBRUARY 12, 2015
REFERRED TO JUDICIARY, FEBRUARY 12, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
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:
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§ 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
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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
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if:
(i) The child's parent fails to attend this initial
counseling session.
(ii) The child's parent 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.
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