Bill Text: PA HB2429 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: In juvenile matters, further providing for disposition of dependent child.

Spectrum: Slight Partisan Bill (Democrat 20-11)

Status: (Engrossed - Dead) 2010-10-14 - Laid on the table [HB2429 Detail]

Download: Pennsylvania-2009-HB2429-Introduced.html

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PRINTER'S NO. 3553
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2429 Session of2010
INTRODUCED BY SAMUELSON, BISHOP, BRENNAN, BROWN, CALTAGIRONE, CLYMER, FABRIZIO, FREEMAN, GOODMAN, KORTZ, KOTIK, MANN, MILLER, MURPHY, M. O'BRIEN, PASHINSKI AND SIPTROTH, APRIL 19, 2010
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 19, 2010
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
further providing for disposition of dependent child.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6351(f) of Title 42 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding subsections to read:
§ 6351. Disposition of dependent child.
* * *
(b.1) County agency notice to adult grandparents and other
adult relatives.--If an order of disposition under subsection
(a) has been entered that removes a dependent child from the
child's home and transfers temporary legal custody to a county
agency, the county agency shall, within 30 days of the child's
removal from the child's home, exercise due diligence to
identify and notify the child's adult grandparents and other
adult relatives, subject to exceptions due to family or domestic
violence, and explain options under Federal and State law to
participate in the care and placement of the child, including
becoming a foster parent, permanent legal custodian, adoptive
resource or individual who will participate in the child's
planning and other activities.
* * *
(f) Matters to be determined at permanency hearing.--At each
permanency hearing, a court shall determine all of the
following:
(1) The continuing necessity for and appropriateness of
the placement.
(2) The appropriateness, feasibility and extent of
compliance with the permanency plan developed for the child.
(3) The extent of progress made toward alleviating the
circumstances which necessitated the original placement.
(4) The appropriateness and feasibility of the current
placement goal for the child.
(5) The likely date by which the placement goal for the
child might be achieved.
(5.1) Whether reasonable efforts were made to finalize
the permanency plan in effect.
(6) Whether the child is safe.
(7) If the child has been placed outside the
Commonwealth, whether the placement continues to be best
suited to the safety, protection and physical, mental and
moral welfare of the child.
(8) The services needed to assist a child who is 16
years of age or older to make the transition to independent
living.
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(9) If the child has been in placement for at least 15
of the last 22 months or the court has determined that
aggravated circumstances exist and that reasonable efforts to
prevent or eliminate the need to remove the child from the
child's parent, guardian or custodian or to preserve and
reunify the family need not be made or continue to be made,
whether the county agency has filed or sought to join a
petition to terminate parental rights and to identify,
recruit, process and approve a qualified family to adopt the
child unless:
(i) the child is being cared for by a relative best
suited to the physical, mental and moral welfare of the
child;
(ii) the county agency has documented a compelling
reason for determining that filing a petition to
terminate parental rights would not serve the needs and
welfare of the child; or
(iii) the child's family has not been provided with
necessary services to achieve the safe return to the
child's parent, guardian or custodian within the time
frames set forth in the permanency plan.
(10) Whether within 30 days of the child's removal from
the child's home, the county agency has exercised due
diligence to identify and notify the child's adult
grandparents and other adult relatives, subject to exceptions
due to family or domestic violence, and explained options
under Federal and State law to participate in the care and
placement of the child, including becoming a foster parent,
permanent legal custodian, adoptive resource or individual
who will participate in the child's planning and other
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activities.
For children placed in foster care on or before November 19,
1997, the county agency shall file or join a petition for
termination of parental rights under this subsection in
accordance with section 103(c)(2) of the Adoption and Safe
Families Act of 1997 (Public Law 105-89, 111 Stat. 2119).
* * *
(j) Definition.--As used in this section, the term "adult
relative" means an adult who is related within the third degree
of consanguinity or affinity.
Section 2. This act shall take effect in 60 days.
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