PRINTER'S NO. 1261
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
978
Session of
2021
INTRODUCED BY BAKER, SCHWANK, MARTIN, COMITTA, FONTANA, KANE,
J. WARD, MUTH, STEFANO, COSTA, SANTARSIERO, HAYWOOD AND
BREWSTER, DECEMBER 10, 2021
REFERRED TO HEALTH AND HUMAN SERVICES, DECEMBER 10, 2021
AN ACT
Establishing a joint legislative, executive and judicial
commission on the child welfare system.
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 Interbranch
Commission on the Child Welfare System Act.
Section 2. Declaration of policy.
The General Assembly finds and declares as follows:
(1) Recent events, including those surrounding the
abusive treatment and ultimate death of a child who was
adopted after having been placed in foster care through the
Commonwealth's child welfare system, require a noncriminal
investigation and review of the operations of the child
welfare system in this Commonwealth.
(2) These events have eroded the trust and confidence in
the Commonwealth's child welfare system.
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(3) The Auditor General identified numerous deficiencies
in the child welfare system in a special report entitled
"State of the Child," dated September 2017. In that report,
the Auditor General stated that the "child-welfare system is
broken" and listed a total of seven report observations on
the state of the child welfare system.
(4) It is not clear what progress has been made
regarding addressing the report's observations or whether
additional or different steps need to be taken.
(5) It is not clear if the funding of child welfare
services in this Commonwealth is consistent with the purpose
and mission of the child welfare system.
(6) Therefore, the legislative, judicial and executive
branches of State government should undertake a joint
noncriminal investigation and review of the child welfare
system. The review should:
(i) Focus on the strengths and challenges of the
child welfare system.
(ii) Restore public confidence in the protection of
children who have been placed in foster care or have been
adopted after having been under the care of the child
welfare system.
(iii) Ensure that children in this Commonwealth's
child welfare system are adequately protected.
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:
"Commission." The Interbranch Commission on the Child
Welfare System established under section 4.
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"Department." The Department of Human Services of the
Commonwealth.
Section 4. Commission.
(a) Establishment.--The Interbranch Commission on the Child
Welfare System is established.
(b) Membership.--The commission shall consist of the
following members, who shall be appointed within 25 days of the
effective date of this section:
(1) Six members appointed by the Chief Justice of the
Supreme Court of Pennsylvania as follows:
(i) Two juvenile court judges.
(ii) One guardian ad litem with experience as such
over at least a five-year period.
(iii) One member of the Juvenile Court Procedural
Rules Committee.
(iv) Two attorneys who have experience representing
parents in dependency hearings.
(2) Four members who are not members of the General
Assembly but who are knowledgeable and experienced in either
foster care or adoption or providing foster care or adoption
services to juveniles. One member shall be appointed by each
of the following:
(i) The President pro tempore of the Senate.
(ii) The Minority Leader of the Senate.
(iii) The Speaker of the House of Representatives.
(iv) The Minority Leader of the House of
Representatives.
(3) Five members appointed by the Governor as follows:
(i) One foster parent.
(ii) One member of a private sector organization
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providing foster or residential care.
(iii) One member of a child welfare or advocacy
group.
(iv) One representative of a county children and
youth agency.
(v) One representative with a background in child
welfare from a school of social work at an institution of
higher learning.
(4) The Auditor General or a designee.
(5) The Deputy Secretary for the Office of Children,
Youth and Families in the department.
(c) Chairperson.--A majority of the members shall select the
chairperson of the commission.
(d) Quorum and voting.--
(1) A majority of the members constitutes a quorum.
(2) Action of the commission shall be authorized or
ratified by majority vote of the members of the commission.
(e) Participation.--A member not physically present may
participate by teleconference or video conference.
(f) Meetings.--
(1) The commission shall meet at least once a month.
Additional meetings may be called by the chairperson as
necessary. The chairperson shall schedule a meeting upon
written request of four members of the commission.
(2) The first meeting shall be convened within 45 days
of the effective date of this section.
(3) The commission shall hold public hearings as
necessary to obtain the information required to conduct the
investigation and review under section 5.
(g) Expenses.--Members may not receive compensation but
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shall be reimbursed for expenses incurred in service of the
commission.
(h) Support.--The department shall provide administrative
services to the commission.
(i) Collaboration.--The Administrative Office of
Pennsylvania Courts and the Juvenile Court Judges' Commission
shall collaborate with the commission.
Section 5. Powers and duties of commission.
(a) Powers.--The commission shall have the following powers:
(1) To investigate and analyze the events, practices,
processes, procedures and other activities surrounding the
treatment of children in foster care, including children who
were adopted and later died from abuse.
(2) To investigate and analyze the events, practices,
processes, procedures and other activities related to the
child welfare system in this Commonwealth.
(3) To review the procedures, practices and rules
relating to the selection of foster parents and potential
adoptive parents.
(4) To review procedures used in responding to the
conduct of foster and adoptive parents and to make
recommendations as necessary.
(5) To review the oversight and licensing of county and
private children and youth agencies, foster care agencies and
adoption agencies.
(6) To hold public hearings for the taking of testimony
and the requesting of documents.
(7) To issue subpoenas under the hand and seal of its
chairperson commanding any person to appear before the
commission and answer questions concerning matters properly
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being inquired into by the commission and to produce any
books, papers, records, documents, data and information
produced and stored by an electronic data processing system
as the commission deems necessary. The subpoenas may be
served upon a person and shall have the force and effect of
subpoenas issued out of the courts of this Commonwealth. A
person who willfully neglects or refuses to testify before
the commission or to produce a book, paper, record, document
or data or information produced and stored by an electronic
data processing system shall be subject to the penalties
provided by the laws of this Commonwealth.
(8) Through the chairperson of the commission, to
administer oaths and affirmations to witnesses appearing
before the commission.
(9) To cause the deposition of witnesses in this
Commonwealth to be taken in the manner prescribed by law for
taking depositions in civil actions.
(b) Duties.--The commission shall have the following duties:
(1) To accept and review written comments from an
individual or organization.
(2) To keep all individually identifiable information
confidential.
(3) To make, within 24 months of the effective date of
this section, recommendations to the Governor, the Supreme
Court, the Senate, the House of Representatives and the
department based on the investigation of issues under
subsection (a). This paragraph includes recommendations:
(i) To improve the child welfare system, including
expanding current successful practices.
(ii) To prevent the reoccurrence of events of abuse
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of children in the child welfare system.
(iii) To change State statutes and State and local
practices, rules, policies and procedures.
(4) To make reports as follows:
(i) The commission may file status reports and
updates with the Governor, the Supreme Court, the Senate,
the House of Representatives and the department as the
commission deems appropriate.
(ii) The commission shall issue a final report
within 24 months of the effective date of this section.
(iii) A report under this paragraph shall be adopted
at a public meeting.
(iv) A report under this paragraph shall be a public
record under the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law.
Section 6. Expiration.
This act shall expire two years from the effective date of
this section.
Section 7. Effective date.
This act shall take effect immediately.
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