Bill Text: PA HB2500 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for family conferencing.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2012-06-22 - Referred to CHILDREN AND YOUTH [HB2500 Detail]

Download: Pennsylvania-2011-HB2500-Introduced.html

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PRINTER'S NO. 3810
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2500 Session of2012
INTRODUCED BY MOUL, BISHOP, CALTAGIRONE, DAVIS, DeLUCA, GEIST, GOODMAN, GROVE, HESS, HORNAMAN, KORTZ, MILLER, MUNDY, MURT, PICKETT, READSHAW, TOOHIL AND WATSON, JUNE 22, 2012
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JUNE 22, 2012
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," providing for family
conferencing.
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 Public Welfare Code, is amended by adding an article to
read:
ARTICLE XIII–B
FAMILY CONFERENCING
Section 1301-B. Scope of article.
This article relates to family conferencing.
Section 1302-B. 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." An individual whose custody has been transferred to
the county agency under 42 Pa.C.S. Ch. 63 (relating to juvenile
matters), or whom the agency has otherwise accepted for service
and who:
(1) is under 18 years of age;
(2) is under 21 years of age and committed an act of
delinquency before reaching 18 years of age; or
(3) is under 21 years of age, was adjudicated dependent
before reaching 18 years of age and, while engaged in a
course of instruction or treatment, requests the court to
retain jurisdiction until the course has been completed.
"Children and youth social services." Public child welfare
services, including those activities or services designed to:
(1) Prevent neglect, abuse and exploitation and help
overcome problems that result in dependency and delinquency.
(2) Provide services which protect children from
continued harm to families in their own homes.
(3) Provide temporary, substitute care in foster family
homes or residential child care facilities for a child in
need of care.
(4) Reunite children and their families if children are
placed in temporary substitute care.
(5) Provide a permanent, legally assured family for
children in temporary, substitute care who cannot be returned
to their homes.
(6) Provide court-ordered care or supervision to alleged
or adjudicated dependent or delinquent children.
"County agency." The county children and youth social
service agency exercising the power and duties provided for in
section 405 of the act of June 24, 1937 (P.L.2017, No.396),
known as the County Institution District Law, or its successor,
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and supervised by the Department of Public Welfare under Article
IX.
"Family." A child's parents, stepparents and relatives.
"Family conferencing." A child welfare practice where a
child's family, in consultation with a county agency or its
designee, develops a service plan to address concerns for the
child's safety, permanency and well-being through meetings
sponsored by a county agency or its designee.
"Relative." An individual who is at least 21 years of age
and meets at least one of the following:
(1) Is related within the fifth degree of consanguinity
or affinity to the parent or stepparent of a child.
(2) Is a godparent of the child as recognized by an
organized church or is a member of the child's tribe or clan.
(3) Has a significant positive relationship with the
child or child's family.
"Service plan." A written plan for a family receiving
children and youth social services that is developed in
accordance with Department of Public Welfare regulations.
Section 1303-B. General rule.
Within five years of the effective date of this article, a
county agency shall offer all children and families who are
receiving children and youth social services an opportunity to
engage in family conferencing. Family conferencing shall be
offered at least once annually as well as at key decision points
that impact the development or revision of service plans for the
child and the family. Family conferencing shall be offered until
the child and the family's involvement with the county agency is
terminated. The county agency is not required to offer family
conferencing when family conferencing threatens the safety of
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the child or another member of the family.
Section 1304-B. Preparing for the family conference.
The county agency shall consult with the family to determine
who it wants to invite to attend the family conference. The
county agency shall allow the child to participate in the family
conference in a manner appropriate to the child's age and
maturity. The county agency is responsible for preparing the
family and child to safely participate in the family conference
and identifying services available to assist the family with
addressing concerns identified by the county agency or a court.
This preparation shall include, but is not limited to, informing
the family and the child about the purpose and the goal of the
family conference and identifying services available to assist
the family with addressing concerns identified by the county
agency or a court. The county agency is responsible for equally
promoting maternal and paternal family involvement in the family
conference.
Section 1305-B. Family responsibilities.
The family shall be responsible for the development of a
service plan during the family conference. The service plan
shall address the concerns of safety, permanency and well-being
within the family as well as other concerns which have been
identified by the county agency or a court regarding the child.
Section 1306-B. Family discussion.
The family conference shall include a private discussion by
the family about the available resources within the family, the
community and the county agency. The family shall be responsible
for determining which resources to utilize to address the
concerns of safety, permanency and well-being identified by the
county agency or a court.
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Section 1307-B. Service plan requirements.
In order for a service plan to take effect, it must be
approved by the county agency or a court. If a family is unable
to develop an approved service plan through the family
conference, the county agency shall determine other means to
engage the family and the child, if appropriate, in the
development of a service plan that addresses the concerns of
safety, permanency and well-being identified by the county
agency or a court. The county agency shall support the
implementation of a service plan and attempt to ensure that the
implementation of the service plan resolves the safety,
permanency and well-being concerns identified by the county
agency or a court. Reasonable efforts to engage the child's
family in decisions regarding the child's safety, permanency or
well-being shall be made by the county agency on an ongoing
basis until the child's involvement with the county agency is
terminated.
Section 1308-B. Implementation of family conferencing.
The department shall require county agencies to gradually
implement family conferencing so that county agencies are
prepared to comply with this article.
Section 1309-B. Regulations.
Within 270 days of the effective date of this article, the
department shall promulgate regulations necessary to carry out
the provisions of this article.
Section 2. This act shall take effect in 60 days.
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