A05232
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2175
Session of
2024
INTRODUCED BY SAPPEY, HILL-EVANS, HANBIDGE, BOYD, PROBST,
FLEMING, KINSEY, OTTEN, SANCHEZ, SHUSTERMAN, BOROWSKI,
T. DAVIS, HOWARD, MADDEN, DONAHUE, VENKAT, GUENST, DELLOSO,
SCHLOSSBERG, CURRY, CERRATO, DALEY, CIRESI, BELLMON, CONKLIN,
MAYES AND BRENNAN, APRIL 3, 2024
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 11, 2024
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," establishing the Office of
Child Advocate and the Child Advocate Advisory Board; and
imposing penalties.
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 an article to
read:
ARTICLE VII-A
OFFICE OF CHILD ADVOCATE
Section 701-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Ad visory board." The Child Advocate Advisory Board
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established under section 702-A.
"Child Advocate." The Child Advocate appointed under section
702-A.
"Child health, safety and well-being program." A service or
program designed to:
(1) Prevent neglect, abuse and exploitation of children
and encourage reporting of suspected child abuse under 23
Pa.C.S. Ch. 63 (relating to child protective services).
(2) Provide temporary, substitute care in foster family
homes or residential child care facilities for a child in
need of the care under Article VII and 67 Pa.C.S. Chs. 75
(relating to family finding and kinship care) and 77
(relating to adoption opportunities).
(3) Provide court-ordered care or supervision to alleged
or adjudicated dependent or delinquent children under 42
Pa.C.S. Ch. 63 (relating to juvenile matters).
(4) Provide early intervention under the act of December
19, 1990 (P.L.1372, No.212), known as the Early Intervention
Services System Act.
(5) PROVIDE EDUCATION FOR ALLEGED OR ADJUDICATED
DEPENDENT OR DELINQUENT CHILDREN UNDER 42 PA.C.S. CH. 63 WHO
ARE PLACED IN OR ARE TRANSITIONING FROM RESIDENTIAL SETTINGS.
"Child servi ng program." A program, entity or organization
operating within this Commonwealth that receives State funding
to provide services to children or families.
"County agency." The county children and youth social
service agency exercising the powers and duties provided for
under section 405 of the act of June 24, 1937 (P.L.2017,
No.396), known as the County Institution District Law, and
supervised by the department under Article IX.
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"Executive agency." The term shall mean the same as defined
under section 102 of the act of October 15, 1980 (P.L.950,
No.164), known as the Commonwealth Attorneys Act.
"Executive board." The Executive Board of the Commonwealth
established under section 204 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929.
"Facility." A residential facility for children operated or
licensed by the department under Articles IX and X.
"Local government." A county, county institution district,
city, borough, incorporated town, township or any similar,
general or limited purpose unit of local government or unit
created by joint action of two or more local government units
authorized to be created by law.
"Office." The Office of Child Advocate established under
section 702-A.
Section 702-A. Office of Child Advocate.
(a) Establishment.--The Office of Child Advocate is
established within the department to INDEPENDENTLY AND
IMPARTIALLY ADVOCATE FOR AND ADVANCE ( a) Establishment.--
(1) The Office of Child Advocate is established within
the department to analyze issues brought before the office
for the purpose of advocating and advancing the interests of
children. The office shall operate under the direction of the
Child Advocate. The office shall function independently of
the department regarding the office's decision-making
functions, including the powers and duties specified under
this article.
(2) The Child Advocate Advisory Board is established
within the office to provide advice and counsel to the office
and the Child Advocate. The advisory board shall be comprised
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of the following members:
(i) The Child Advocate, who shall act as chair of
the advisory board.
(ii) The Deputy Secretary of the Office of Children,
Youth and Families.
(iii) The Deputy Secretary of the Office of Medical
Assistance Programs.
(iv) The Deputy Secretary of the Office of
Developmental Programs.
(v) The Deputy Secretary of the Office of Child
Development and Early Learning.
(vi) A representative of the Office of Victim
Advocate.
(vii) A representative of the Department of Health.
(viii) A member of the designated disability rights
advocacy entity for this Commonwealth.
(ix) A county commissioner appointed by the County
Commissioners Association of Pennsylvania.
(x) A representative of the Pennsylvania Children
and Youth Administrators.
(xi) A representative of the Pennsylvania of
Children, Youth and Family Services.
(xii) A representative of an organization that
provides mental health treatment services for youth
appointed by the Pennsylvania Council of Children, Youth
and Family Services.
(xiii) A representative of the Pennsylvania District
Attorneys Association.
(xiv) A representative from an organization engaged
in child advocacy.
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(xv) An attorney who regularly acts as a guardian ad
litem in dependency proceedings appointed by the Chief
Justice of the Supreme Court.
(xvi) At least two members of the community with
lived experience relative to child welfare, juvenile
delinquency or the mental health treatment of children.
(xvii) A juvenile court or family court judge
appointed by the Chief Justice of the Supreme Court.
(xviii) A representative of the Office of Children
and Families in the Courts.
(xix) A representative of the Juvenile Court Judges'
Commission.
(b) Appointment and qualifications.--
(1) The Child Advocate shall be appointed by the
Governor , WITH THE ADVICE AND CONSENT OF THE SENATE, and
shall hold office for a term of four years and until a
successor is duly appointed, but may not serve more than 90
days beyond the expiration of the appointed term.
(2) A vacancy occurring by expiration of term, death,
resignation, removal or for any other reasons shall be filled
in the manner provided by section 8(b) of Article IV of the
Constitution of Pennsylvania for the remainder of the term.
THE CHILD ADVOCATE MAY ONLY BE REMOVED FROM OFFICE FOR GOOD
CAUSE SHOWN.
(3) When the term of the Child Advocate expires, the
position shall be immediately deemed a vacancy and the
Governor shall nominate a person to fill that position within
90 days of the date of expiration, even if the Child Advocate
continues in office.
(4) The Child Advocate may be reappointed for additional
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terms.
(5) The Child Advocate shall be an individual who, by
reason of training and experience, is qualified to represent
ADVOCATE FOR AND ADVANCE the interests of children.
(6) To be eligible to be appointed by the Governor as
Child Advocate, an individual shall have NO KNOWN CONFLICT OF
INTEREST WITH THE DEPARTMENT OR A COUNTY AGENCY AND at least
six years of professional experience in child advocacy,
social work, direct care service to children or related
areas, including one year in a supervisory or administrative
capacity regarding the development, implementation or
evaluation of a human services program , and a bachelor's
degree. Any equivalent combination of experience and training
shall be acceptable.
(c) Compensation.--Compensation for the Child Advocate shall
be set by the executive board.
(d) Trainings.--Within six months of appointment, the Child
Advocate and employees of the office shall complete trainings,
at a minimum, in the following areas:
(1) Crisis intervention and behavior management.
(2) Trauma-informed care.
(3) Sensitive and confidential information.
(4) Mandated reporter training.
(5) Compliance with the provisions of the Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191, 110 Stat. 1936).
(e) Mandated reporter.--The Child Advocate and the staff of
the office are mandated reporters under 23 Pa.C.S. Ch. 63
(relating to child protective services) and shall make a report
of suspected child abuse in accordance with 23 Pa.C.S. ยง 6311
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(relating to persons required to report suspected child abuse).
(f) Clearance.--The Child Advocate and the staff of the
office shall obtain clearance certifications in accordance with
23 Pa.C.S. ยง 6344 (relating to employees having contact with
children; adoptive and foster parents) as a person responsible
for the child's welfare or having direct contact with children.
The clearance certifications shall be submitted to the
department as follows:
(1) By the Child Advocate prior to taking office.
(2) By staff of the office prior to commencement of
employment.
(g) Limitation RESTRICTED ACTIVITIES .--The Child Advocate
may not seek election nor accept appointment to a political
office during tenure as the Child Advocate and for one year
thereafter.
(h) Facilities and staff.--
(1) Upon request of the Child Advocate, the department
shall make available facilities, administrative support and
other clerical, technical and professional staff as may be
available within the budget of the department. Positions of
the office shall be placed under the unclassified service
provisions of 71 Pa.C.S. Pt. III (relating to civil service
reform).
(2) Legal counsel for the office shall be appointed in
accordance with the act of October 15, 1980 (P.L.950,
No.164), known as the Commonwealth Attorneys Act.
Section 703-A. Powers and duties of Child Advocate and advisory
board .
(a) Duties of Child Advocate.-- The powers and duties of the
Child Advocate OFFICE Child Advocate shall be as follows:
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(1) Advocate for AND ADVANCE THE INTERESTS OF children
by supporting and enhancing child health, safety and well-
being programs.
(2) Serve as a resource to connect children and families
with child health, safety and well-being programs.
(3) Perform outreach to youth advocates and professional
organizations involved with facility placements and access.
(3.1) CONSULT WITH EXECUTIVE AGENCIES, COUNTY AGENCIES
AND INDIVIDUALS WITH LIVED EXPERIENCE ON CHILD HEALTH, SAFETY
AND WELL-BEING PROGRAMS.
(4) Conduct visits to a facility as follows:
(i) During a visit, the Child Advocate or the Child
Advocate's authorized designee may conduct voluntary
interviews of staff and residents of the facility.
(ii) The office shall provide reasonable advance
written notification to the department of a visit under
this section.
(iii) The Child Advocate shall provide written
notification to the department of findings within 24
hours 30 BUSINESS DAYS after the visit.
(iv) The Child Advocate or authorized designee may
not interview staff or a resident involved in a pending
court proceeding, a criminal investigation or appeal or
an administrative investigation or appeal.
(IV) THE CHILD ADVOCATE OR AUTHORIZED DESIGNEE MAY
NOT INTERVIEW THE FOLLOWING:
(A) A RESIDENT OR STAFF INVOLVED IN A PENDING
CRIMINAL INVESTIGATION, PROSECUTION AND RELATED
APPEAL OR AN ADMINISTRATIVE LICENSURE ACTION AND
RELATED APPEAL. THIS CLAUSE SHALL NOT APPLY TO THE
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CHILD ADVOCATE'S OR AUTHORIZED DESIGNEE'S SUPPORT OF
A SUBJECT CHILD UNDER PARAGRAPH (11).
(B) A RESIDENT OR STAFF WHO ARE THE SUBJECT OF A
REPORT UNDER 23 PA.C.S. CH. 63 (RELATING TO CHILD
PROTECTIVE SERVICES) DURING A CHILD ABUSE
INVESTIGATION AND RELATED APPEAL. THIS CLAUSE SHALL
NOT APPLY TO THE CHILD ADVOCATE'S OR AUTHORIZED
DESIGNEE'S SUPPORT OF A SUBJECT CHILD UNDER PARAGRAPH
(11).
(5) Notwithstanding any other provision of law,
participate as a member of all child fatality or near
fatality review teams under 23 Pa.C.S. ยง 6365 (relating to
services for prevention, investigation and treatment of child
abuse). The Child Advocate may authorize a designee to
participate in a child fatality or near fatality review team
on the Child Advocate's behalf.
(6) Coordinate educational, informational and other
programs for public awareness and education concerning child
maltreatment and the role of the community in SUPPORTING AND
strengthening families and keeping children safe.
(7) Promote and advocate the health, safety and well-
being of children before the General Assembly.
(8) Receive and review complaints from the public,
including receiving complaints from a child, relating to the
processes or procedures of a child health, safety and well-
being program. In the Child Advocate's sole discretion, the
Child Advocate may make recommendations, referrals, or both,
to the appropriate executive agency concerning a complaint.
(9) Review and evaluate the effectiveness and efficiency
of the STATE AND LOCAL complaint processes for child health,
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safety and well-being programs and to make recommendations
for the improvement of these processes.
(1) Study and evaluate the following:
(i) Access to services for youth in child serving
programs.
(ii) Availability of services for youth in need of
services.
(iii) Duplication of services for youth accessing
programs.
(iv) Funding of services available for youth in
child serving programs.
(v) Barriers to service for youth in need of child
serving programs.
(vi) Communication and cooperation by agencies
concerning youth in child serving programs.
(vii) Implementation of State programs or laws
concerning vulnerable youth.
(viii) Data from executive agencies relevant to
evaluating progress, targeting efforts and demonstrating
outcomes.
(2) Prepare agendas, deadlines and meeting schedules for
the advisory board, convene and attend all meetings of the
advisory board and assist the advisory board with
implementing the advisory board's duties.
(3) Serve as a resource to connect children and families
with child serving programs.
(4) Consult with executive agencies, county agencies and
individuals with lived experience on child serving programs.
(5) Promote information sharing concerning child serving
programs across this Commonwealth.
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(6) Identify and promote best practices, policies and
programs for child serving programs.
(7) Cooperate with other child-focused commissions, the
unified judicial system, executive agencies, stakeholders and
members of the community for the purposes of this article.
(8) Coordinate educational, informational and other
programs for public awareness and education concerning child
maltreatment and the role of the community in supporting and
strengthening families and keeping children safe.
(9) Promote and advocate for the health, safety and
well-being of children before the General Assembly.
(10) Receive and review complaints from the public,
including receiving complaints from a child, regarding the
processes or procedures of child serving programs. The Child
Advocate shall ensure that referrals are made to the
appropriate executive agencies and county agencies regarding
complaints received by the office. The Child Advocate shall
observe trends or themes regarding complaints and address the
trends or themes with the advisory board.
(10) (11) Request, access and review otherwise
confidential information, records or documents necessary for
carrying out the duties and responsibility under this article
from an executive agency or local government in accordance
with section 704-A(b). Access under this paragraph does not
include access to criminal investigative or intelligence
records.
(11) As requested, to accompany a child who is a subject
child under 23 Pa.C.S. Ch. 63 (relating to child protective
services) to interviews and administrative hearings.
(12) Each quarter, send a report to each facility that
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was the subject of a complaint under paragraph (8) during the
relevant period, listing the complaints involving that
facility that were received during the past quarter.
(13) (12) Meet regularly with the secretary AND OTHER
EXECUTIVE AGENCY AND COUNTY AGENCY OFFICIALS and the advisory
board to report on any Statewide trends that the Child
Advocate has identified with and sugg est potential solutions.
(14) In collaboration with applicable executive
agencies, coordinate educational, informational and other
programs for public awareness and education concerning child
maltreatment and the role of the community in SUPPORTING AND
strengthening families and keeping children safe.
(15) (13) In collaboration with executive agencies and
county agencies , and CHILDREN AND FAMILIES WITH EXPERIENCE IN
CHILD HEALTH, SAFETY AND WELL-BEING serving PROGRAMS AND
OTHER INTERESTED STAKEHOLDERS, review national trends and
promote best practices and effective child health, safety and
well-being serving programs.
(16) In collaboration with executive agencies, county
agencies and , children and families with experience in child
health, safety and well-being programs AND OTHER INTERESTED
STAKEHOLDERS , provide recommendations regarding improvements
for child health, safety and well-being programs.
(17) (14) Consult with executive agencies and provide
recommendations on regulations, licensure, financing or any
other responsibilities of the executive agencies to improve
the safety of and promote better outcomes for children and
families receiving services in child health, safety and well-
being programs in the Commonwealth serving programs .
(18) Notwithstanding any other provision of law, serve
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as a voting member of the Children's Trust Fund Board.
(19) Collaborate with local government and executive
agencies, including the Office of Victim Advocate, regarding
the coordination of services to children who are victims of
abuse.
(19.1) COLLABORATE WITH LOCAL GOVERNMENT AND EXECUTIVE
AGENCIES, INCLUDING STATE AND LOCAL EDUCATION AGENCIES,
REGARDING EDUCATION ISSUES RELATING TO ALLEGED OR ADJUDICATED
DEPENDENT OR DELINQUENT CHILDREN UNDER 42 PA.C.S. CH. 63
(RELATING TO JUVENILE MATTERS) WHO ARE PLACED IN OR ARE
TRANSITIONING FROM RESIDENTIAL SETTINGS.
(15) Consult with executive agencies and provide
recommendations on regulations, licensure, financing or any
other responsibilities of the executive agencies to improve
the safety of and promote better outcomes for children and
families receiving services in child serving programs in this
Commonwealth.
(16) Notwithstanding any other provision of law, serve
as a voting member of the Children's Trust Fund Board.
(17) Collaborate with executive agencies and local
government, including the Office of Victim Advocate,
regarding the coordination of services to children who are
victims of abuse.
(20) (18) By June 30 , 2024, and June 30 each year
thereafter of each year , provide an annual report summarizing
the Child Advocate's activities and accomplishments to the
Governor, the secretary, the chairperson and minority
chairperson of the Aging and Youth Committee of the Senate,
the chairperson and minority chairperson of the Children and
Youth Committee of the House of Representatives, the
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chairperson and minority chairperson of the Health and Human
Services Committee of the Senate and the chairperson and
minority chairperson of the Human Services Committee of the
House of Representatives. The annual report shall be posted
on the office's publicly accessible Internet website and may
not include confidential or personally identifiable
information. The report shall include, at a minimum, the
following:
(i) A summary regarding the type of matters handled
trends and challenges identified by the Child Advocate
during the year.
(ii) Recommendations regarding legislation to
improve the safety of and promote better outcomes for
children and families receiving services in child health,
safety and well-being programs or in need of services
from child serving programs in this Commonwealth.
(iii) A summary regarding quarterly reports of each
facility that was the subject of a complaint received
during the relevant period, listing the complaints
involving that facility that were received during the
past quarter.
(iii) Recommendations regarding regulatory or
procedural improvements that could be made to improve the
services of child serving programs.
(iv) A summary of the agendas and discussion of
advisory board meetings, action plans identified and
goals of the advisory board.
(v) Topics of agreement and disagreements between
the advisory board and the Child Advocate.
(iv) (vi) Any other information the office finds
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pertinent and beneficial.
(b) Duties of advisory board.--The advisory board shall
convene no less than four times per year to review trends and
themes identified by the Child Advocate and discuss action plans
for addressing identified needs. The attendance of three-fourths
of the members of the advisory board shall be required to vote.
Members of the advisory board shall vote in person and not by
proxy. Before the completion of an annual report of the Child
Advocate under subsection (a)(18), the advisory board shall
discuss the proposed conclusions or recommendations in the
report and detail the advisory board's concurrence or
disagreement with the conclusions or recommendations. If there
is a disagreement within the advisory board, the Child Advocate
shall specify the disagreement in the report, including an
explanation for the disagreement. For each meeting of the
advisory board, the Child Advocate shall keep a record of
attendance of the members.
Section 704-A. Information, records and documents generally.
(a) Relationship to department and county agency powers and
duties.--The powers and duties of the Child Advocate under
section 703-A 703-A(a) do not supplant, supersede or otherwise
affect the powers, duties and responsibilities of the department
or a county agency. Nothing in this article shall be construed
to prohibit the department, a county agency or the Child
Advocate from working in collaboration with each other.
(b) Access.--Notwithstanding any other provision of law,
upon request of the office, an executive agency or local
government shall furnish information, records or documents under
a child health, safety and welfare program regarding a child
serving program to the Child Advocate or an authorized designee
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as follows in accordance with the following :
(1) An executive agency or local government shall
furnish make available for review existing information,
records or documents in the executive agency's or local
government's possession, custody or control within 10 days of
receiving a request. Nothing in this article shall be
construed to require an executive agency or local government
to create a record that does not currently exist or provide
access to information, records or documents in a pending
investigation.
(2) Access to child protective services information,
records and documents may be made available to the Child
Advocate after the issuance of a final determination under 23
Pa.C.S. ยง 6368(f) (relating to investigation of reports) or
the expiration of related litigation and the applicable
pending appeal periods, whichever is later. After the
expiration of this time period, the requested information,
records or documents shall be furnished made available for
review to the Child Advocate within 10 days of receiving the
Child Advocate's request.
(3) Access under this subsection does not include access
to the identity of the person who makes a report of suspected
child abuse, law enforcement records or records prohibited
from disclosure under Federal law or court order.
(4) The Child Advocate shall comply with the expunction
of a child welfare record to the extent the Office of
Children, Youth and Families is required to comply with the
expunction in accordance with the laws of this Commonwealth.
The Office of Children, Youth and Families shall notify the
office when a child welfare record has been expunged.
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(c) Immunity.--Notwithstanding any other provision of law, a
person providing requested materials under subsection (b) may
not be found, by reason of having provided the materials, to
have violated any criminal law or to be civilly liable under any
law, unless the materials are false and the person providing the
materials knew or had reason to believe that the materials were
false and was motivated by malice toward a person directly
affected by the action.
(d) Confidentiality.--
(1) Confidential, privileged or protected information,
records or documents provided to the Child Advocate under
subsection (b):
(i) Shall remain confidential, privileged and
protected.
(ii) May not be discoverable or admissible as
evidence in an action or proceeding.
(iii) May not be accessible for inspection and
duplication in accordance with the act of February 14,
2008 (P.L.6, No.3), known as the Right-to-Know Law.
(2) Information, records or documents that would
otherwise be available from original sources may not be
construed as immune from discovery or use in an action or
proceeding merely because they were presented to the Child
Advocate.
(3) The home address of the Child Advocate and employees
of the office is not a public record under the Right-to-Know
Law. The office's NONEXEMPT financial records and aggregated
data, as defined in section 102 of the Right-to-Know Law,
shall remain subject to the Right-to-Know Law, provided that
no record or data provides personally identifiable
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information SHALL BE REDACTED .
(e) Unauthorized access.--A person who divulges confidential
information, records or documents received under this article to
an unauthorized person commits a misdemeanor of the second
degree. A person who violates the provisions of this section
shall, in addition to other civil or criminal penalties provided
by law, be denied access to the information, records or
documents provided under this article.
Section 2. This act shall take effect in 60 days.
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