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

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

  

 

    

PRINTER'S NO.  3553

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2429

Session of

2010

  

  

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

  

1

Amending Title 42 (Judiciary and Judicial Procedure) of the

2

Pennsylvania Consolidated Statutes, in juvenile matters,

3

further providing for disposition of dependent child.

4

The General Assembly of the Commonwealth of Pennsylvania

5

hereby enacts as follows:

6

Section 1.  Section 6351(f) of Title 42 of the Pennsylvania

7

Consolidated Statutes is amended and the section is amended by

8

adding subsections to read:

9

§ 6351.  Disposition of dependent child.

10

* * *

11

(b.1)  County agency notice to adult grandparents and other

12

adult relatives.--If an order of disposition under subsection

13

(a) has been entered that removes a dependent child from the

14

child's home and transfers temporary legal custody to a county

15

agency, the county agency shall, within 30 days of the child's

16

removal from the child's home, exercise due diligence to

17

identify and notify the child's adult grandparents and other

 


1

adult relatives, subject to exceptions due to family or domestic

2

violence, and explain options under Federal and State law to

3

participate in the care and placement of the child, including

4

becoming a foster parent, permanent legal custodian, adoptive

5

resource or individual who will participate in the child's

6

planning and other activities.

7

* * *

8

(f)  Matters to be determined at permanency hearing.--At each

9

permanency hearing, a court shall determine all of the

10

following:

11

(1)  The continuing necessity for and appropriateness of

12

the placement.

13

(2)  The appropriateness, feasibility and extent of

14

compliance with the permanency plan developed for the child.

15

(3)  The extent of progress made toward alleviating the

16

circumstances which necessitated the original placement.

17

(4)  The appropriateness and feasibility of the current

18

placement goal for the child.

19

(5)  The likely date by which the placement goal for the

20

child might be achieved.

21

(5.1)  Whether reasonable efforts were made to finalize

22

the permanency plan in effect.

23

(6)  Whether the child is safe.

24

(7)  If the child has been placed outside the

25

Commonwealth, whether the placement continues to be best

26

suited to the safety, protection and physical, mental and

27

moral welfare of the child.

28

(8)  The services needed to assist a child who is 16

29

years of age or older to make the transition to independent

30

living.

- 2 -

 


1

(9)  If the child has been in placement for at least 15

2

of the last 22 months or the court has determined that

3

aggravated circumstances exist and that reasonable efforts to

4

prevent or eliminate the need to remove the child from the

5

child's parent, guardian or custodian or to preserve and

6

reunify the family need not be made or continue to be made,

7

whether the county agency has filed or sought to join a

8

petition to terminate parental rights and to identify,

9

recruit, process and approve a qualified family to adopt the

10

child unless:

11

(i)  the child is being cared for by a relative best

12

suited to the physical, mental and moral welfare of the

13

child;

14

(ii)  the county agency has documented a compelling

15

reason for determining that filing a petition to

16

terminate parental rights would not serve the needs and

17

welfare of the child; or

18

(iii)  the child's family has not been provided with

19

necessary services to achieve the safe return to the

20

child's parent, guardian or custodian within the time

21

frames set forth in the permanency plan.

22

(10)  Whether within 30 days of the child's removal from

23

the child's home, the county agency has exercised due

24

diligence to identify and notify the child's adult

25

grandparents and other adult relatives, subject to exceptions

26

due to family or domestic violence, and explained options

27

under Federal and State law to participate in the care and

28

placement of the child, including becoming a foster parent,

29

permanent legal custodian, adoptive resource or individual

30

who will participate in the child's planning and other

- 3 -

 


1

activities.

2

For children placed in foster care on or before November 19,

3

1997, the county agency shall file or join a petition for

4

termination of parental rights under this subsection in

5

accordance with section 103(c)(2) of the Adoption and Safe

6

Families Act of 1997 (Public Law 105-89, 111 Stat. 2119).

7

* * *

8

(j)  Definition.--As used in this section, the term "adult

9

relative" means an adult who is related within the third degree

10

of consanguinity or affinity.

11

Section 2.  This act shall take effect in 60 days.

- 4 -

 


feedback