Trial Engrossment of Amendment A05233 to House Bill 2175 P.N. 3305, Regular Session 2023-2024

A05233

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 imposing penalties.

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 Children

and Youth Cabinet and providing for duties of Children and

Youth Cabinet.

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:

"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.

"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.

"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.

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"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 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.

(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.

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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

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.

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.

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(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. § 6311

(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. § 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

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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.

The powers and duties of the Child Advocate OFFICE shall be

as follows:

(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

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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

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. § 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,

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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,

safety and well-being programs and to make recommendations

for the improvement of these processes.

(10) 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

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) Meet regularly with the secretary AND OTHER

EXECUTIVE AGENCY AND COUNTY AGENCY OFFICIALS and report on

any Statewide trends that the Child Advocate has identified

with potential solutions.

(14) In collaboration with applicable executive

agencies, coordinate educational, informational and other

programs for public awareness and education concerning child

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maltreatment and the role of the community in SUPPORTING AND

strengthening families and keeping children safe.

(15) In collaboration with executive agencies and county

agencies, CHILDREN AND FAMILIES WITH EXPERIENCE IN CHILD

HEALTH, SAFETY AND WELL-BEING PROGRAMS AND OTHER INTERESTED

STAKEHOLDERS, review national trends and promote best

practices and effective child health, safety and well-being

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) 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.

(18) Notwithstanding any other provision of law, serve

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

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TRANSITIONING FROM RESIDENTIAL SETTINGS.

(20) By June 30, 2024, and June 30 each year thereafter,

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 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

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 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.

(iv) Any other information the office finds

pertinent and beneficial.

Section 704-A. Information, records and documents generally.

(a) Relationship to department and county agency powers and

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duties.--The powers and duties of the Child Advocate under

section 703-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 to the Child Advocate

or an authorized designee as follows:

(1) An executive agency or local government shall

furnish 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. § 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 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

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child abuse, law enforcement records or records prohibited

from disclosure under Federal law or court order.

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,

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shall remain subject to the Right-to-Know Law, provided that

no record or data provides personally identifiable

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.

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

CHILDREN AND YOUTH CABINET

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:

"Cabinet." The Children and Youth Cabinet established under

section 702-A(a).

Section 702-A. Children and Youth Cabinet.

(a) Establishment.--The Children and Youth Cabinet is

established as an independent board within the department to

promote interdepartmental collaboration among all State agencies

tasked with protecting children. The cabinet shall promote the

coordination of programs implemented by State agencies tasked

with protecting children to ensure that the services are

planned, managed and delivered in a holistic and integrated

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manner to improve the self-sufficiency, safety, economic

stability, health and quality of life of children.

(b) Meetings.--The cabinet shall meet at least six times

each year, but no more than 12 times each year, in different

regions of this Commonwealth to solicit input from the public

and any other individual offering testimony relevant to the

issues considered. The cabinet shall include a public comment

session in each meeting.

members:

(1) The secretary or the secretary's designee.

(2) The Secretary of Education or a designee.

(3) A representative of the Office of Children, Youth

and Families, who shall be a nonvoting member.

(4) A representative of the Juvenile Courts Judges'

Commission

(5) A representative of the Pennsylvania Children and

Youth Administrators.

(6) A representative of the Office of Victim Advocate.

(7) A representative of the Office of Children and

Families in the Courts.

(8) A representative of the Pennsylvania Council of

Chief Juvenile Probation Officers.

(9) A representative of the Office of Childhood

Development and Early Learning, who shall be a nonvoting

member.

(10) A guardian ad litem or court-appointed special

advocate, who shall be jointly appointed by the chairperson

and minority chairperson of the Aging and Youth Committee of

the Senate.

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(11) A court-appointed attorney who represents parents

in dependency matters, who shall be jointly appointed by the

chairperson and minority chairperson of the Judiciary

Committee of the Senate.

(12) An elected district attorney, who shall be jointly

appointed by the chairperson and minority chairperson of the

Judiciary Committee of the House of Representatives.

(13) A juvenile court or family court judge appointed by

the Chief Justice of the Supreme Court.

(14) An individual with lived experience as a youth

within the foster care system of this Commonwealth, who shall

be jointly appointed by the chairperson and minority

chairperson of the Children and Youth Committee of the House

of Representatives.

(15) Four members who represent children and youth

advocacy organizations, one of whom shall be selected by each

o f the following:

(i) The chairperson of the Aging and Youth Committee

of the Senate.

(ii) The minority chairperson of the Aging and Youth

Committee of the Senate.

(iii) The chairperson of the Children and Youth

Committee of the House of Representatives.

(iv) The minority chairperson of the Children and

Youth Committee of the House of Representatives.

(16) A member appointed by each of the following:

(i) The Majority Leader of the Senate.

(ii) The Minority Leader of the Senate.

(iii) The Majority Leader of the House of

Representatives.

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(iv) The Minority Leader of the House of

Representatives.

(d) Chair.--The members of the cabinet shall select a member

to serve as chair.

(e) Public officials.--Each member of the cabinet shall be

deemed a public official as defined in 65 Pa.C.S. § 1102

(relating to definitions) and shall be subject to the provisions

of 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial

disclosure ).

(f) Compensation.-- Members of the cabinet shall serve

without compensation, but shall receive reimbursement for

expenses incurred on behalf of the cabinet, which shall be paid

by the department.

Section 703-A. Duties of cabinet.

The cabinet shall have the following duties:

(1) Develop and implement a shared and cohesive vision

using integrated services to improve child, youth and family

outcomes in this Commonwealth.

(2) Develop a strategic plan to achieve the goals of the

shared and cohesive vision under paragraph (1). The cabinet

shall focus the plan on a long-term commitment to children

and youth issues and align all public resources to serve

children and youth and their families in a manner that

supports the healthy growth and development of children. The

cabinet shall include a continuum of services in the plan

that will benefit children from prenatal care through

services for youth in transition to adulthood.

(3) Develop and implement measurable outcomes for each

State agency and program that are consistent with the

strategic plan under paragraph (2). The cabinet shall

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establish a baseline measurement for each outcome and

regularly report on the progress made toward achieving the

desired outcome.

(4) Design and implement actions that will promote

collaboration, creativity, increased efficiency, information

sharing and improved service delivery between and within

State agencies that provide services for children and youth

and their families.

(5) Foster public awareness of children and youth issues

and develop new partners in the effort to serve children and

youth.

(6) Create a children and youth impact statement for

evaluating proposed legislation, requested appropriations and

programs. The cabinet shall share the impact statement with

the General Assembly as the cabinet deems necessary.

(7) Identify existing and potential funding streams and

resources for children's services, including public funding,

foundation and organization grants and other forms of private

funding opportunities, including public-private partnerships.

(8) Engage in other activities that will implement

improved collaboration of State agencies to create, manage

and promote coordinated policies, programs and service

delivery systems that support children and youth.

Section 704-A. Annual report.

By December 31 of each year, the cabinet shall provide an

annual report to the Governor, the General Assembly and the

public concerning the cabinet's activities and accomplishments.

The cabinet may include recommendations in the annual report for

interdepartmental collaboration and program implementation to

ensure that services designed for children and youth are

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planned, managed and delivered in a holistic and integrated

manner to improve the self-sufficiency, safety, economic

stability, health and quality of life of children.

Section 705-A. Dissolution of cabinet and applicability.

The cabinet shall dissolve June 30, 2027. This article shall

not apply on or after June 30, 2027.

Section 2. This act shall take effect immediately.

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