PRINTER'S NO. 817
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
746
Session of
2015
INTRODUCED BY HUGHES, EICHELBERGER, BREWSTER, RAFFERTY,
VULAKOVICH, FONTANA, GREENLEAF, SCHWANK, COSTA AND MENSCH,
APRIL 23, 2015
REFERRED TO PUBLIC HEALTH AND WELFARE, APRIL 23, 2015
AN ACT
Amending Titles 18 (Crimes and Offenses), 23 (Domestic
Relations) and 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, making editorial changes
by replacing references to the former Department of Public
Welfare with the Department of Human Services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2713(c) and 3124.2(b) of Title 18 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 2713. Neglect of care-dependent person.
* * *
(c) Report during investigation.--When in the course of
conducting any regulatory or investigative responsibility, the
Department of Aging, the Department of Health or the Department
of [Public Welfare] Human Services has a reasonable cause to
believe that a care-dependent person or care-dependent persons
residing in a facility have suffered bodily injury or been
unlawfully restrained in violation of subsection (a)(1) or (2),
a report shall be made immediately to the local law enforcement
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agency or to the Office of Attorney General.
* * *
§ 3124.2. Institutional sexual assault.
* * *
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Agent." A person who is assigned to work in a State or
county correctional or juvenile detention facility, a youth
development center, youth forestry camp, other licensed
residential facility serving children and youth or mental health
or mental retardation facility or institution, who is employed
by any State or county agency or any person employed by an
entity providing contract services to the agency.
"Center for children." Includes a child day-care center,
group and family day-care home, boarding home for children, a
center providing early intervention and drug and alcohol
services for children or other facility which provides child-
care services which are subject to approval, licensure,
registration or certification by the Department of [Public
Welfare] Human Services or a county social services agency or
which are provided pursuant to a contract with the department or
a county social services agency. The term does not include a
youth development center, youth forestry camp, State or county
juvenile detention facility and other licensed residential
facility serving children and youth.
Section 2. The definition of "criminal justice agency" in
section 9102 of Title 18 is amended to read:
§ 9102. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Criminal justice agency." Any court, including the minor
judiciary, with criminal jurisdiction or any other governmental
agency, or subunit thereof, created by statute or by the State
or Federal constitutions, specifically authorized to perform as
its principal function the administration of criminal justice,
and which allocates a substantial portion of its annual budget
to such function. Criminal justice agencies include, but are not
limited to: organized State and municipal police departments,
local detention facilities, county, regional and State
correctional facilities, probation agencies, district or
prosecuting attorneys, parole boards, pardon boards, the
facilities and administrative offices of the Department of
[Public Welfare] Human Services that provide care, guidance and
control to adjudicated delinquents, and such agencies or
subunits thereof, as are declared by the Attorney General to be
criminal justice agencies as determined by a review of
applicable statutes and the State and Federal Constitutions or
both.
* * *
Section 3. Section 9121(b.1) of Title 18 is amended to read:
§ 9121. General regulations.
* * *
(b.1) Exception.--Subsection (b)(1) and (2) shall not apply
if the request is made by a county children and youth agency or
the Department of [Public Welfare] Human Services in the
performance of duties relating to children and youth under the
act of June 24, 1937 (P.L.2017, No.396), known as the County
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Institution District Law, section 2168 of the act of August 9,
1955 (P.L.323, No.130), known as The County Code, the act of
June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code,
23 Pa.C.S. Ch. 63 (relating to child protective services) or 42
Pa.C.S. Ch. 63 (relating to juvenile matters).
* * *
Section 4. The definition of "agency" in section 2102 of
Title 23 is amended to read:
§ 2102. Definitions.
The following words and phrases when used in this part shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Agency." Any incorporated or unincorporated organization,
society, institution or other entity, public or voluntary, which
may receive or provide for the care of children, supervised by
the Department of [Public Welfare] Human Services and providing
adoption services in accordance with standards established by
the department.
* * *
Section 5. Sections 2503(e), 2504(d), 2505(e) and 2511(c) of
Title 23 are amended to read:
§ 2503. Hearing.
* * *
(e) Right to file personal and medical history
information.--At the time the decree of termination is
transmitted to the parent whose rights are terminated, the court
shall advise that parent, in writing, of his or her continuing
right to place and update personal and medical history
information, whether or not the medical condition is in
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existence or discoverable at the time of adoption, on file with
the court and with the Department of [Public Welfare] Human
Services pursuant to Subchapter B of Chapter 29 (relating to
records and access to information).
§ 2504. Alternative procedure for relinquishment.
* * *
(d) Right to file personal and medical history
information.--At the time the decree of termination is
transmitted to the parent, the court shall also advise, in
writing, the parent whose rights have been terminated of his or
her continuing right to place and update personal and medical
history information, whether or not the medical condition is in
existence or discoverable at the time of adoption, on file with
the court and with the Department of [Public Welfare] Human
Services pursuant to Subchapter B of Chapter 29 (relating to
records and access to information).
§ 2505. Counseling.
* * *
(e) Counseling fund.--Except as hereinafter provided, each
report of intention to adopt filed pursuant to section 2531
(relating to report of intention to adopt) shall be accompanied
by a filing fee in the amount of $75 which shall be paid into a
segregated fund established by the county. The county may also
make supplemental appropriations to the fund. All costs of
counseling provided pursuant to subsection (c) or (d) to
individuals who are unable to pay for such counseling shall be
paid from the fund. No filing fee may be exacted under this
subsection with respect to the adoption of a special needs child
who would be eligible for adoption assistance pursuant to
regulations promulgated by the Department of [Public Welfare]
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Human Services. In addition, the court may reduce or waive the
fee in cases of demonstrated financial hardship.
§ 2511. Grounds for involuntary termination.
* * *
(c) Right to file personal and medical history
information.--At the time the decree of termination is
transmitted to the parent whose rights have been terminated, the
court shall advise the parent, in writing, of his or her
continuing right to place and update personal and medical
history information, whether or not the medical condition is in
existence or discoverable at the time of adoption, on file with
the court and with the Department of [Public Welfare] Human
Services pursuant to Subchapter B of Chapter 29 (relating to
records and access to information).
Section 6. The definition of "department" in section 2551 of
Title 23 is amended to read:
§ 2551. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
Section 7. Section 2552 of Title 23 is amended to read:
§ 2552. Pennsylvania Adoption Cooperative Exchange.
There shall be a Pennsylvania Adoption Cooperative Exchange
in the Office of Children, Youth and Families of the Department
of [Public Welfare] Human Services.
Section 8. The definitions of "agency," "county agency" and
"department" in section 2732 of Title 23 are amended to read:
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§ 2732. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." A public or private entity, including a county
agency, that:
(1) is licensed, supervised or regulated by the
Department of [Public Welfare] Human Services; and
(2) provides adoption services.
* * *
"County agency." A county children and youth social service
agency established under 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 of
[Public Welfare] Human Services 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 [Public Welfare] Human
Services of the Commonwealth.
Section 9. Section 2910 of Title 23 is amended to read:
§ 2910. Penalty for unauthorized disclosure.
Any officer or employee of the court, other than a judge
thereof, the Department of Health, the Department of [Public
Welfare] Human Services or any agency who willfully discloses
impounded or otherwise confidential information relating to an
adoption, other than as expressly authorized and provided in
this chapter, commits a misdemeanor of the third degree.
Section 10. The definition of "department" in section 2911
of Title 23 is amended to read:
§ 2911. Definitions.
The following words and phrases when used in this subchapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
Section 11. The definitions of "department" and "State
disbursement unit" in section 4302 of Title 23 are amended to
read:
§ 4302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
"State disbursement unit." The organizational unit
established within the Department of [Public Welfare] Human
Services responsible for collecting and disbursing support as
provided in section 4374 (relating to State disbursement unit).
* * *
Section 12. Sections 4306(c), 4343(c)(6) and 4355(d.6) of
Title 23 are amended to read:
§ 4306. Duties of Title IV-D attorney.
* * *
(c) Joinder of Department of [Public Welfare] Human
Services.--Whenever the record in any support action or
proceeding indicates that the persons for whom support is sought
have received public assistance from the Department of [Public
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Welfare] Human Services at any time since the initiation of the
matter, the department may become a party to the action or
proceeding by filing an entry of appearance. This entry of
appearance may be entered without leave of court at any time and
at any stage of the action or proceeding.
§ 4343. Paternity.
* * *
(c) Genetic tests.--
* * *
(6) A determination of nonpaternity made by another
state with respect to a public assistance recipient shall not
be binding upon the Department of [Public Welfare] Human
Services unless the defendant shows that the department had
actual notice of the proceedings, including the date and time
of any trial, and a fair opportunity to participate in all
material proceedings through counsel of its own choice.
§ 4355. Denial or suspension of licenses.
* * *
(d.6) Immunity.--The court, the domestic relations section,
the Department of [Public Welfare] Human Services, the
Department of Transportation, the Pennsylvania Game Commission,
the Pennsylvania Fish and Boat Commission or any employee of any
of these entities or any person appointed by the Pennsylvania
Game Commission or the Pennsylvania Fish and Boat Commission to
issue licenses and permits pursuant to the applicable provisions
of 30 Pa.C.S. (relating to fish) and 34 Pa.C.S. (relating to
game) shall not be subject to civil or criminal liability for
carrying out their duties under this section.
* * *
Section 13. The definition of "department" in section 4602
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of Title 23 is amended to read:
§ 4602. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
Section 14. Sections 5103(a), (b), (c)(1), (e) and (f),
5329.1(b)(1) and (2), 6106(d)(3) and 6114(b)(2)(iii) of Title 23
are amended to read:
§ 5103. Acknowledgment and claim of paternity.
(a) Acknowledgment of paternity.--The father of a child born
to an unmarried woman may file with the Department of [Public
Welfare] Human Services, on forms prescribed by the department,
an acknowledgment of paternity of the child which shall include
the consent of the mother of the child, supported by her
witnessed statement subject to 18 Pa.C.S. § 4904 (relating to
unsworn falsification to authorities). In such case, the father
shall have all the rights and duties as to the child which he
would have had if he had been married to the mother at the time
of the birth of the child, and the child shall have all the
rights and duties as to the father which the child would have
had if the father had been married to the mother at the time of
birth. The hospital or other person accepting an acknowledgment
of paternity shall provide written and oral notice, which may be
through the use of video or audio equipment, to the birth mother
and birth father of the alternatives to, the legal consequences
of and the rights and responsibilities that arise from, signing
the acknowledgment.
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(b) Claim of paternity.--If the mother of the child fails or
refuses to join in the acknowledgment of paternity provided for
in subsection (a), the Department of [Public Welfare] Human
Services shall index it as a claim of paternity. The filing and
indexing of a claim of paternity shall not confer upon the
putative father any rights as to the child except that the
putative father shall be entitled to notice of any proceeding
brought to terminate any parental rights as to the child.
(c) Duty of hospital or birthing center.--Upon the birth of
a child to an unmarried woman, an agent of the hospital or
birthing center where the birth occurred shall:
(1) Provide the newborn's birth parents with an
opportunity to complete an acknowledgment of paternity. The
completed, signed and witnessed acknowledgment shall be sent
to the Department of [Public Welfare] Human Services. A copy
shall be given to each of the birth parents. This
acknowledgment shall contain:
(i) A signed, witnessed statement subject to 18
Pa.C.S. § 4904 (relating to unsworn falsification to
authorities) by the birth mother consenting to the
acknowledgment of paternity.
(ii) A signed, witnessed statement subject to 18
Pa.C.S. § 4904 by the birth father acknowledging his
paternity.
(iii) A written explanation of the parental duties
and parental rights which arise from signing such a
statement.
(iv) The Social Security numbers and addresses of
both birth parents.
* * *
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(e) Transfer.--The Department of Health shall transfer to
the Department of [Public Welfare] Human Services all
acknowledgments or claims of paternity filed with the Department
of Health under prior statutes.
(f) Certifications.--The Department of [Public Welfare]
Human Services shall provide necessary certifications under Part
III (relating to adoption) as to whether any acknowledgment or
claim of paternity has been filed in regard to any child who is
a prospective adoptive child.
* * *
§ 5329.1. Consideration of child abuse and involvement with
protective services.
* * *
(b) Cooperation.--The following apply:
(1) The Department of [Public Welfare] Human Services
and the county children and youth social service agency shall
fully cooperate with the court and assist the court in
fulfilling its duties under this section.
(2) The Department of [Public Welfare] Human Services
and the county children and youth social service agency shall
fully cooperate with the governing authority in order to
implement the provisions of this section.
* * *
§ 6106. Commencement of proceedings.
* * *
(d) Surcharge on order.--When a protection order is granted
under section 6107(a) (relating to hearings), other than
pursuant to an agreement of the parties, a surcharge of $100
shall be assessed against the defendant. All moneys received
from surcharges shall be distributed in the following order of
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priority:
* * *
(3) $25 shall be forwarded to the Department of [Public
Welfare] Human Services for use for victims of domestic
violence in accordance with the provisions of section 2333 of
the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929.
* * *
§ 6114. Contempt for violation of order or agreement.
* * *
(b) Trial and punishment.--
* * *
(2) All money received under this section shall be
distributed in the following order of priority:
* * *
(iii) $100 shall be forwarded to the Department of
[Public Welfare] Human Services for use for victims of
domestic violence in accordance with the provisions of
section 2333 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
* * *
Section 15. The definition of "department" in section 6502
of Title 23 is amended to read:
§ 6502. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
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* * *
Section 16. The definitions of "department," "obligee" and
"secretary" in section 7101(b) of Title 23 are amended to read:
§ 7101. Short title of part and definitions.
* * *
(b) Definitions.--Subject to additional definitions
contained in subsequent provisions of this part which are
applicable to specific provisions of this part, the following
words and phrases when used in this part shall have the meanings
given to them in this section unless the context clearly
indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
"Obligee." Any of the following:
(1) An individual to whom a duty of support is or is
alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered.
(2) A state or political subdivision to which the rights
under a duty of support or support order have been assigned
or which has independent claims based on financial assistance
provided to an individual obligee.
(3) An individual seeking a judgment determining
parentage of the individual's child.
(4) The Department of [Public Welfare] Human Services.
* * *
"Secretary." The Secretary of [Public Welfare] Human
Services of the Commonwealth.
* * *
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Section 17. The definitions of "department," "obligee" and
"secretary" in section 8101(b) of Title 23 are amended to read:
§ 8101. Short title of part and definitions.
* * *
(b) Definitions.--Subject to additional definitions
contained in subsequent provisions of this part which are
applicable to specific provisions of this part, the following
words and phrases when used in this part shall have the meanings
given to them in this section unless the context clearly
indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
"Obligee." Any of the following:
(1) An individual to whom a duty of support is or is
alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered.
(2) A political subdivision to which the rights under a
duty of support or support order have been assigned or which
has independent claims based on financial assistance provided
to an individual obligee.
(3) An individual seeking a judgment determining
parentage of the individual's child.
(4) The Department of [Public Welfare] Human Services.
* * *
"Secretary." The Secretary of [Public Welfare] Human
Services of the Commonwealth.
* * *
Section 18. Sections 3721(c)(2)(i) and 4521.1(a)(1) of Title
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42 are amended to read:
§ 3721. County judicial center or courthouse.
* * *
(c) Child-care facilities.--
* * *
(2) If a child-care facility is provided under paragraph
(1):
(i) The child-care facility shall be licensed and
operated pursuant to Articles IX and X of the act of June
13, 1967 (P.L.31, No.21), known as the Public Welfare
Code, and regulations of the Department of [Public
Welfare] Human Services.
* * *
§ 4521.1. Statewide jury information system.
(a) General rule.--Notwithstanding any prohibition found in
any other law, regulation or rule to the contrary, the following
departments shall submit to the Court Administrator of
Pennsylvania, in a format provided herein, a list of individuals
as designated for that department to be included in a Statewide
jury information system on or before October 31 of each year:
(1) The Department of [Public Welfare] Human Services -
every individual resident in this Commonwealth who receives
cash assistance or food stamps pursuant to a Federal or State
program through the department except as prohibited by
Federal law or regulation.
* * *
Section 19. The definition of "eligible legal services
provider" in section 4903 of Title 42 is amended to read:
§ 4903. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Eligible legal services provider." A not-for-profit entity
incorporated in this Commonwealth, tax exempt under section
501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-
514, 26 U.S.C. § 501(c)(3)) or any successor provision, which
operates within this Commonwealth for the primary purpose of
providing civil legal services without charge and which operates
to provide such civil legal services to eligible clients and
victims of abuse under contract or subcontract with the
Department of [Public Welfare] Human Services for the
expenditure of funds appropriated by the General Assembly for
the provision of legal services.
* * *
Section 20. Sections 62A05(c.1)(3) and (d)(5) and 62A14(d)
(5)(iii) of Title 42 are amended to read:
§ 62A05. Commencement of proceedings.
* * *
(c.1) Surcharge on order.--When an order is granted under
section 62A06 (relating to hearings), a surcharge of $100 shall
be assessed against the defendant. All moneys received from
surcharges shall be distributed in the following order of
priority:
* * *
(3) Twenty-five dollars shall be forwarded to the
Department of [Public Welfare] Human Services for use for
victims of sexual assault in accordance with the provisions
of section 2333 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
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* * *
(d) Service.--
* * *
(5) In the case of a minor victim of sexual violence, a
copy of the petition and order shall be served upon the
county agency and the Department of [Public Welfare] Human
Services. For purposes of this subparagraph, the term "county
agency" shall be as defined in 23 Pa.C.S. § 6303 (relating to
definitions).
* * *
§ 62A14. Contempt for violation of order.
* * *
(d) Trial and punishment.--
* * *
(5) All moneys received under this section shall be
distributed in the following order of priority:
* * *
(iii) One hundred dollars shall be forwarded to the
Department of [Public Welfare] Human Services for use for
victims of sexual assault in accordance with the
provisions of section 2333 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of
1929.
* * *
Section 21. The definition of "shelter care" in section 6302
of Title 42 is amended 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:
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"Shelter care." Temporary care of a child in physically
unrestricted facilities. A facility approved by the Department
of [Public Welfare] Human Services to provide shelter care may
be located in the same building as a facility approved to
provide secure detention services provided that children
receiving shelter care services are segregated from the children
receiving secure detention services as required by the
department.
Section 22. Sections 6307(a)(6.5), 6308(a)(6), 6327(a)(3)
and (4), (c.1)(1), (e) and (f), 6336.1(b)(3), 6352(a)(3) and (4)
and 6353(c) of Title 42 are amended to read:
§ 6307. Inspection of court files and records.
(a) General rule.--All files and records of the court in a
proceeding under this chapter are open to inspection only by:
* * *
(6.5) The Department of [Public Welfare] Human Services
for use in determining whether an individual named as the
perpetrator of an indicated report of child abuse should be
expunged from the Statewide database.
* * *
§ 6308. Law enforcement records.
(a) General rule.--Law enforcement records and files
concerning a child shall be kept separate from the records and
files of arrests of adults. Unless a charge of delinquency is
transferred for criminal prosecution under section 6355
(relating to transfer to criminal proceedings), the interest of
national security requires, or the court otherwise orders in the
interest of the child, the records and files shall not be open
to public inspection or their contents disclosed to the public
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except as provided in subsection (b); but inspection of the
records and files is permitted by:
* * *
(6) The Department of [Public Welfare] Human Services
for use in determining whether an individual named as the
perpetrator of an indicated report of child abuse should be
expunged from the Statewide database.
* * *
§ 6327. Place of detention.
(a) General rule.--A child alleged to be delinquent may be
detained only in:
* * *
(3) A detention home, camp, center or other facility for
delinquent children which is under the direction or
supervision of the court or other public authority or private
agency, and is approved by the Department of [Public Welfare]
Human Services.
(4) Any other suitable place or facility, designated or
operated by the court and approved by the Department of
[Public Welfare] Human Services.
Under no circumstances shall a child be detained in any facility
with adults, or where the child is apt to be abused by other
children.
* * *
(c.1) Detention of child.--
(1) A child who is subject to criminal proceedings
having been charged with an act set forth under paragraph
(2)(i), (ii) or (iii) of the definition of "delinquent act"
in section 6302, who has not been released on bail and who
may seek or is seeking transfer to juvenile proceedings under
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section 6322 (relating to transfer from criminal proceedings)
may be detained in a secure detention facility approved by
the Department of [Public Welfare] Human Services for the
detention of alleged and adjudicated delinquent children if
the attorney for the Commonwealth has consented to and the
court has ordered the detention.
* * *
(e) Detention of dependent child.--A child alleged to be
dependent may be detained or placed only in a Department of
[Public Welfare] Human Services approved shelter care facility
as stated in subsection (a)(1), (2) and (4), and shall not be
detained in a jail or other facility intended or used for the
detention of adults charged with criminal offenses, but may be
detained in the same shelter care facilities with alleged or
adjudicated delinquent children.
(f) Development of approved shelter care programs.--The
Department of [Public Welfare] Human Services 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.
§ 6336.1. Notice and hearing.
* * *
(b) Permanency hearings.--
* * *
(3) The Department of [Public Welfare] Human Services
shall develop a form for use by a foster parent or parents,
preadoptive parent or relative providing care for the child,
including, but not limited to, the following information:
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(i) Date of completion.
(ii) Name and address of child.
(iii) Name and address of foster parent or parents,
preadoptive parent or relative providing care for the
child. The information under this subparagraph shall be
considered confidential except at the discretion of the
court.
(iv) Name of primary caseworker and agency.
(v) Description of child's adjustment in the home.
(vi) Description of child's interaction with foster
parent or parents, preadoptive parent or relative
providing care and with family members of individuals
referred to in this subparagraph.
(vii) Description of child's interaction with
others.
(viii) Evaluation of child's respect for property.
(ix) Description of physical and emotional condition
of child.
(x) Description of child's interaction with the
primary caseworker.
(xi) Description of caseworker's interaction with
the child and foster parent or parents, preadoptive
parent or relative providing care for the child and with
family members of individuals referred to in this
paragraph.
(xii) Description of educational status, grades,
attendance and behavior of child in school or child's
experience in a child day-care setting or early childhood
development program.
(xiii) Description of child's experience involving
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visitation with birth parents, specifying if visitation
is supervised or unsupervised and any significant events
which occurred.
(xiv) Opinion on overall adjustment, progress and
condition of the child.
(xv) Other concerns, comments or recommendations.
* * *
§ 6352. Disposition of delinquent child.
(a) General rule.--If the child is found to be a delinquent
child the court may make any of the following orders of
disposition determined to be consistent with the protection of
the public interest and best suited to the child's treatment,
supervision, rehabilitation and welfare, which disposition
shall, as appropriate to the individual circumstances of the
child's case, provide balanced attention to the protection of
the community, the imposition of accountability for offenses
committed and the development of competencies to enable the
child to become a responsible and productive member of the
community:
* * *
(3) Committing the child to an institution, youth
development center, camp, or other facility for delinquent
children operated under the direction or supervision of the
court or other public authority and approved by the
Department of [Public Welfare] Human Services.
(4) If the child is 12 years of age or older, committing
the child to an institution operated by the Department of
[Public Welfare] Human Services.
* * *
§ 6353. Limitation on and change in place of commitment.
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* * *
(c) Notice of available facilities and services.--
Immediately after the Commonwealth adopts its budget, the
Department of [Public Welfare] Human Services shall notify the
courts and the General Assembly, for each Department of [Public
Welfare] Human Services region, of the available:
(1) Secure beds for the serious juvenile offenders.
(2) General residential beds for the adjudicated
delinquent child.
(3) The community-based programs for the adjudicated
delinquent child.
If the population at a particular institution or program exceeds
110% of capacity, the department shall notify the courts and the
General Assembly that intake to that institution or program is
temporarily closed and shall make available equivalent services
to children in equivalent facilities.
Section 23. The definition of "department" in section 6402
of Title 42 is amended to read:
§ 6402. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
Section 24. Sections 6403(b)(3), 6406 heading, 9727(b)(1),
(c) and (f)(3), 9777(d)(2), 9799.16(d), 9799.20, 9799.22(d) and
9799.31(13) of Title 42 are amended to read:
§ 6403. Court-ordered involuntary treatment.
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* * *
(b) Procedures for initiating court-ordered involuntary
commitment.--
* * *
(3) The court shall set a date for the hearing which
shall be held within 30 days of the filing of the petition
pursuant to paragraph (1) and direct the person to appear for
the hearing. A copy of the petition and notice of the hearing
date shall be served on the person, the attorney who
represented the person at the most recent dispositional
review hearing pursuant to section 6358(e) and the county
solicitor or a designee. A copy of the petition, the
assessment and notice of the hearing date shall also be
provided to the director of the facility operated by the
department pursuant to section 6406(a) (relating to duty of
Department of [Public Welfare] Human Services). The person
and the attorney who represented the person shall, along with
copies of the petition, also be provided with written notice
advising that the person has the right to counsel and that,
if he cannot afford one, counsel shall be appointed for the
person.
* * *
§ 6406. Duty of Department of [Public Welfare] Human Services.
* * *
§ 9727. Disposition of persons found guilty but mentally ill.
* * *
(b) Treatment.--
(1) An offender who is severely mentally disabled and in
need of treatment at the time of sentencing shall, consistent
with available resources, be provided such treatment as is
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psychiatrically or psychologically indicated for his mental
illness. Treatment may be provided by the Bureau of
Correction, by the county or by the Department of [Public
Welfare] Human Services in accordance with the "Mental Health
Procedures Act."
* * *
(c) Discharge report.--When a treating facility designated
by either the Bureau of Correction or the Department of [Public
Welfare] Human Services discharges such a defendant from
treatment prior to the expiration of his maximum sentence, that
treating facility shall transmit to the Pennsylvania Board of
Probation and Parole, the correctional facility or county jail
to which the offender is being returned and the sentencing judge
a report on the condition of the offender together with the
reasons for its judgments, which describes:
(1) The defendant's behavior.
(2) The course of treatment.
(3) The potential for recurrence of the behavior.
(4) The potential for danger to himself or the public.
(5) Recommendations for future treatment.
* * *
(f) Probation.--
* * *
(3) Treatment shall be provided by an agency approved by
the Department of [Public Welfare] Human Services or, with
the approval of the sentencing court and at individual
expense, by private agencies, private physicians or other
mental health personnel. A mental health status report,
containing the information set forth in subsection (c), shall
be filed with the probation officer and the sentencing court
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every three months during the period of probation. If a
motion on a petition to discontinue probation is made by the
defendant, the probation officer shall request a report as
specified from the treating facility.
§ 9777. Transfer of inmates in need of medical treatment.
* * *
(d) Notice.--
* * *
(2) The sentencing court shall forward notice of any
order entered under this section placing an inmate in a
hospital, long-term care nursing facility or hospice care
location to the hospital, long-term care nursing facility or
hospice care location and to the Department of [Public
Welfare] Human Services.
* * *
§ 9799.16. Registry.
* * *
(d) Cooperation.--There shall be cooperation between the
Pennsylvania State Police, State and county correctional
institutions, the Pennsylvania Board of Probation and Parole,
the county office of probation and parole, any court with
jurisdiction over a sexual offender, the chief juvenile
probation officer of the court, juvenile probation and parole
and the Department of [Public Welfare] Human Services to ensure
that the information set forth in subsections (b) and (c) is
provided and placed in the registry.
§ 9799.20. Duty to inform.
In order to implement the provisions of section 9799.19
(relating to initial registration), as appropriate, the
Pennsylvania State Police, the court having jurisdiction over
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the sexual offender, the chief juvenile probation officer of the
court and the appropriate official of the Pennsylvania Board of
Probation and Parole, county office of probation and parole, the
Department of [Public Welfare] Human Services or a State or
county correctional institution shall:
(1) Inform the individual required to register of the
individual's duties under this subchapter.
(2) Require the individual to read and sign a form
stating that the duty to register has been explained and that
the individual understands the registration requirement.
(3) Collect the information required under section
9799.16 (b) and (c) (relating to registry) and forward the
information to the Pennsylvania State Police for inclusion in
the registry as set forth in this subchapter.
§ 9799.22. Enforcement.
* * *
(d) Duty to inform Pennsylvania State Police.--In order to
implement this subchapter, the court with jurisdiction over the
sexual offender, the chief juvenile probation officer of the
court and the appropriate official of the Pennsylvania Board of
Probation and Parole, the county office of probation and parole,
the Department of [Public Welfare] Human Services or a State or
county correctional institution shall inform the Pennsylvania
State Police if the individual refuses to provide the
information required by this subchapter so that the Pennsylvania
State Police may comply with this section.
§ 9799.31. Immunity for good faith conduct.
The following entities shall be immune from liability for
good faith conduct under this subchapter:
* * *
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(13) The Department of [Public Welfare] Human Services
and its agents and employees.
* * *
Section 25. This act shall take effect immediately.
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