See other bills
under the
same topic
PRINTER'S NO. 1297
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
997
Session of
2021
INTRODUCED BY BAKER, SCHWANK, MARTIN, COMITTA, FONTANA, KANE,
J. WARD, MUTH, STEFANO, COSTA, SANTARSIERO, HAYWOOD AND
BREWSTER, DECEMBER 29, 2021
REFERRED TO HEALTH AND HUMAN SERVICES, DECEMBER 29, 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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
(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 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.
20210SB0997PN1297 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"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) Eight members appointed by the Chief Justice of the
Supreme Court of Pennsylvania as follows:
(i) Two juvenile court judges.
(ii) Two guardians 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.
(v) The director of the Office of Children and
Families in the Courts.
(2) Eight members who must not be members of the General
Assembly but who must be knowledgeable and experienced in
either foster care or adoption or providing foster care or
adoption services to juveniles. The members shall be
appointed as follows:
(i) The President pro tempore of the Senate shall
appoint two members.
(ii) The Minority Leader of the Senate shall appoint
two members.
(iii) The Speaker of the House of Representatives
shall appoint two members.
20210SB0997PN1297 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(iv) The Minority Leader of the House of
Representatives shall appoint two members.
(3) Seven members appointed by the Governor as follows:
(i) Two foster parents.
(ii) One member of a private sector organization
providing foster or residential care.
(iii) One member of a child welfare or advocacy
group.
(iv) Two representatives of a county children and
youth agency.
(v) One child or adolescent psychologist or
psychiatrist.
(4) The Deputy Secretary for Children, Youth and
Families in the department.
(c) Geographic diversity.--
(1) Of the seven members appointed under subsection (b)
(1)(i), (ii), (iii) and (iv), at least one shall be from each
of the areas represented by the four regional offices under
the Office of Children, Youth and Families and the remaining
three appointments may be from any part of this Commonwealth.
(2) Of the members appointed under subsection (b)(3), at
least one shall be from each of the areas represented by the
four regional offices under the Office of Children, Youth and
Families and the remaining three appointments may be from any
part of this Commonwealth.
(d) Chairperson.--A majority of the members shall select the
chairperson of the commission. The chairperson may not be an
elected official or an employee of the department.
(e) Quorum and voting.--
(1) A majority of the members constitutes a quorum.
20210SB0997PN1297 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) Action of the commission shall be authorized or
ratified by majority vote of the members of the commission.
(f) Participation.--A member not physically present may
participate by teleconference or video conference.
(g) Meetings.--
(1) The commission shall meet as determined by the
chairperson but 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.
(h) Expenses.--Members may not receive compensation but
shall be reimbursed for expenses incurred in service of the
commission.
(i) Support.--The department shall provide administrative
services to the commission.
(j) 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 power to:
(1) 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) Evaluate the processes used by the department and
20210SB0997PN1297 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
county children and youth agencies.
(3) Review the procedures, services and supports made
available to foster parents and potential adoptive parents.
(4) Review the recruitment, assessment, training and
approval processes, including residence and safety
requirements, for foster and adoptive parents.
(5) Review procedures used in responding to the conduct
of foster and adoptive parents and to make recommendations as
necessary.
(6) Review the oversight and licensing of county and
private children and youth agencies, foster care agencies and
adoption agencies.
(7) Hold public hearings for the taking of testimony and
the requesting of documents.
(8) Issue subpoenas under the hand and seal of the
chairperson of the commission commanding any person to appear
before the commission and answer questions concerning matters
properly under inquiry 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 following apply:
(i) A subpoena may be served upon a person and shall
have the force and effect of a subpoena issued by a court
of this Commonwealth.
(ii) A person who willfully neglects or refuses to
testify before the commission or produce for the
commission 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.
20210SB0997PN1297 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(9) Through the chairperson of the commission,
administer oaths and affirmations to witnesses appearing
before the commission.
(10) 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 duty to:
(1) Accept and review written comments from an
individual or organization.
(2) Keep all individually identifiable information
confidential.
(3) Make, within 18 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 to:
(i) Improve the child welfare systems specifically
related to current successful safety practices.
(ii) Prevent the reoccurrence of abuse and neglect
of children in the child welfare system.
(iii) Change State statutes and State and local
practices, rules, policies and procedures related to
foster care and adoption that ensure the safety of
children.
(4) 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
20210SB0997PN1297 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
available 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.
20210SB0997PN1297 - 8 -
1
2
3
4
5
6
7
8
9
10
11