PRINTER'S NO. 157
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
167
Session of
2023
INTRODUCED BY BAKER, SANTARSIERO, LAUGHLIN, COSTA, HAYWOOD,
ROTHMAN, SCHWANK, COLLETT, KANE, DILLON, TARTAGLIONE,
COMITTA, CAPPELLETTI AND KEARNEY, JANUARY 30, 2023
REFERRED TO AGING AND YOUTH, JANUARY 30, 2023
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in children and youth,
providing for purpose.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Human Services Code, is amended by adding a section to
read:
Section 701.1. Purpose.--(a) The purpose of this article
is:
(1) To protect children from abuse and neglect.
(2) To provide for the care, protection, safety and
wholesome mental and physical development of children coming
within the provision of 42 Pa.C.S. Ch. 63 (relating to juvenile
matters) or children who are receiving services enumerated in
this article.
(3) To preserve the unity of the family whenever possible or
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to provide an alternative permanent family when the unity of the
family cannot be maintained.
(4) Consistent with the protection of the public interest,
to provide for children committing delinquent acts, programs of
supervision, care and rehabilitation which provide balanced
attention to the protection of the community, the imposition of
accountability for offenses committed and the development of
competencies to enable children to become responsible and
productive members of the community.
(5) To achieve the purposes in a family environment whenever
possible, separating the child from the child's parents only
when necessary for the child's welfare, safety or health or in
the best interests of public safety.
(b) In accordance with the purposes specified in subsection
(a) and the mandate of 42 Pa.C.S. Ch. 63, that the court, upon
finding a child to be a dependent child, shall enter an order of
disposition that is best suited to the safety, protection and
physical, mental and moral welfare of the child, the department
shall prioritize the following objectives:
(1) To increase the use of nonplacement services designed to
prevent child abuse and neglect and to strengthen families so
that children's safety is increased and the risk to children is
minimized.
(2) If placement is necessary, to use kinship care as the
first priority. If kinship care is not available or appropriate,
to use family foster care as an alternative.
(3) To reduce the use of congregate-living and institutional
placements.
(4) To improve permanency for children to reduce the
duration of out-of-home placement.
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(c) In accordance with the purposes specified in subsection
(a) and the mandate under 42 Pa.C.S. Ch. 63, that the court,
upon finding a child to be a delinquent child, shall enter an
order of disposition that is consistent with the protection of
the public, 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, the department shall prioritize the following
objectives :
(1) To increase the use of in-home services when consistent
with the protection of the public and the rehabilitation needs
of delinquent children.
(2) With respect to the placement of delinquent children:
(i) To encourage use of the in-home services when consistent
with the protection of the public and the treatment, supervision
and rehabilitation needs of delinquent children.
(ii) To operate and encourage the development of placement
resources that provide for a duration of placement that is
consistent with the protection of the public and the treatment,
supervision and rehabilitation needs of delinquent children.
(iii) To encourage the use of community-based residential
resources as alternatives to institutional placements when
consistent with the protection of the public and the treatment,
supervision and rehabilitation needs of delinquent children.
(iv) To encourage the development of services and
programming to facilitate the successful transition of
delinquent children to communities from periods of residential
placement.
Section 2. This act shall take effect in 60 days.
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