Bill Text: PA HB595 | 2011-2012 | Regular Session | Introduced

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Bill Title: In juvenile matters, further providing for definitions and for disposition of dependent child; and providing for termination of jurisdiction.

Spectrum: Slight Partisan Bill (Democrat 7-4)

Status: (Introduced - Dead) 2011-02-10 - Referred to JUDICIARY [HB595 Detail]

Download: Pennsylvania-2011-HB595-Introduced.html

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PRINTER'S NO. 579
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 595 Session of2011
INTRODUCED BY BISHOP, TALLMAN, JOHNSON, WHEATLEY, VULAKOVICH, YOUNGBLOOD, BROWNLEE, V. BROWN, BOBACK, MURT AND CRUZ, FEBRUARY 10, 2011
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 10, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
further providing for definitions and for disposition of
dependent child; and providing for termination of
jurisdiction.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "child" in section 6302 of
Title 42 of the Pennsylvania Consolidated Statutes is amended
and the section is amended by adding a definition to read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Child." An individual who:
(1) is under the age of 18 years;
(2) is under the age of 21 years who committed an act of
delinquency before reaching the age of 18 years; or
(3) is under the age of 21 years, was adjudicated
dependent before reaching the age of 18 years and [who, while
engaged in a course of instruction or treatment, requests the
court to retain jurisdiction until the course has been
completed, but in no event shall a child remain in a course
of instruction or treatment past the age of 21 years] for
whom court jurisdiction has been continued or resumed
pursuant to this chapter.
* * *
"Transition plan." A plan that is prepared by a county
agency in accordance with section 6351.2(b) (relating to
termination of jurisdiction) and that is developed by a county
agency in cooperation with the child and other individuals
identified by the county agency, the child and the child's
guardian ad litem or legal counsel to assist the child in making
a transition to independence.
Section 2. Section 6351(e)(3), (f) and (g) of Title 42,
amended November 23, 2010 (P.L. , No.115), are amended and
subsections (e) and (f.1) are amended by adding paragraphs to
read:
§ 6351. Disposition of dependent child.
* * *
(e) Permanency hearings.--
* * *
(3) The court shall conduct permanency hearings as
follows:
(i) Within six months of:
(A) the date of the child's removal from the
child's parent, guardian or custodian for placement
under section 6324 (relating to taking into custody)
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or 6332 or pursuant to a transfer of temporary legal
custody or other disposition under subsection (a)(2),
whichever is the earliest; [or]
(B) each previous permanency hearing until the
child is returned to the child's parent, guardian or
custodian or removed from the jurisdiction of the
court[.]; or
(C) the date on which the child reaches 18 years
of age.
(ii) Within 30 days of:
(A) an adjudication of dependency at which the
court 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;
(B) a permanency hearing at which the court
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 and
the permanency plan for the child is incomplete or
inconsistent with the court's determination;
(C) an allegation that aggravated circumstances
exist regarding a child who has been adjudicated
dependent, filed under section 6334(b) (relating to
petition); or
(D) a petition alleging that the hearing is
necessary to protect the safety or physical, mental
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or moral welfare of a dependent child.
(4) If the court determines that the conditions for
extension of court jurisdiction enumerated in subsection
(f.1)(6) are met, the court shall continue to schedule
permanency hearings in accordance with this section until
court jurisdiction is terminated, but no later than when the
child reaches 21 years of age.
(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, including a transition plan if one is required.
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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) If a sibling of a child has been removed from his
home and is in a different placement setting than the child,
whether reasonable efforts have been made to place the child
and the sibling of the child together or whether such joint
placement is contrary to the safety or well-being of the
child or sibling.
(11) If the child has a sibling, whether visitation of
the child with that sibling is occurring no less than twice a
month, unless a finding is made that visitation is contrary
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to the safety or well-being of the child or sibling.
(12) If the child has:
(i) (A) been informed that the child may request
the court to continue jurisdiction after the child
reaches 18 years of age and that the child may
request the court resume jurisdiction any time prior
to when the child reaches 21 years of age if
discharged from the court's jurisdiction; and
(B) requested that the court's jurisdiction be
continued after the child reaches 18 years of age,
but in no circumstances beyond 21 years of age, on
the basis that the child meets any of the conditions
set forth in subsection (f.1)(6).
(ii) been informed of services available to the
child if the child remains under the jurisdiction of the
court.
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).
(f.1) Additional determination.--Based upon the
determinations made under subsection (f) and all relevant
evidence presented at the hearing, the court shall determine one
of the following:
* * *
(6) Whether the child will remain under the jurisdiction
of the court after the child reaches 18 years of age and the
duration of the court's jurisdiction, which in no case shall
continue once the child reaches 21 years of age, based on a
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determination by the court that the child meets any of the
following conditions:
(i) is completing a secondary education program or a
program leading to an equivalent credential;
(ii) is enrolled in an institution that provides
postsecondary or vocational education;
(iii) is participating in a program or activity
designed to promote employment or remove barriers to
employment;
(iv) is employed for at least 80 hours per month; or
(v) is incapable of doing any of the activities
described in subparagraph (i), (ii), (iii) or (iv) due to
a medical or behavioral health condition, which
incapability is supported by regularly updated
information in the case plan of the child.
* * *
(g) Court order.--On the basis of the determination made
under subsection (f.1), the court shall order the continuation,
modification or termination of placement or other disposition
which is best suited to the safety, protection and physical,
mental and moral welfare of the child, including continuation of
jurisdiction over a child who is determined to meet one of the
conditions enumerated in subsection (f.1)(6).
* * *
Section 3. Title 42 is amended by adding a section to read:
§ 6351.2. Termination of jurisdiction.
(a) Court hearing.--A court hearing shall be held to
terminate the court's jurisdiction over a dependent child who is
18 years of age or older. At the hearing, the court shall
determine if the county agency did the following:
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(1) held a transition plan meeting to develop a
transition plan; and
(2) prepared a transition plan.
(b) Transition plan.--A transition plan shall be
personalized at the direction of the child and shall include
specific plans for housing, health insurance, education,
opportunities for mentors and continuing support services, work
force supports and employment services. The plan shall be
prepared at least 180 days immediately prior to the date on
which the child will reach 18 years of age or, if the court has
extended jurisdiction for a child who is 18 years of age or
older, then 180 days immediately prior to the anticipated
termination of jurisdiction. It shall verify that the following
information, documents and services have been provided to the
child:
(1) Written information concerning the child's
dependency plan, including:
(i) the child's family history and placement
history;
(ii) the whereabouts of any siblings under the
jurisdiction of the juvenile court, unless the court
determines that sibling contact would jeopardize the
safety or welfare of the child or sibling; and
(iii) the date on which the jurisdiction of the
juvenile court would be terminated.
(2) The following documents:
(i) Social Security card.
(ii) Certified birth certificate.
(iii) Immunization and health records.
(iv) Education records.
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(v) Documentation of the dates that the child was
under the jurisdiction of the court.
(vi) If applicable, proof of citizenship or
residence.
(vii) Driver's license or State identification card.
(3) Evidence that the child has received assistance in
completing an application for medical assistance or other
health insurance.
(4) In cases where the county agency is aware that the
child has or may need behavioral health services,
documentation that:
(i) The child has been referred to the county mental
health program established pursuant to the act of October
20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the
Mental Health and Mental Retardation Act of 1966.
(ii) An assessment of current mental health needs
has been completed by a mental health professional.
(iii) If appropriate, a case manager through the
county mental health program has been assigned to the
child.
(iv) If the assessment reveals a need for services,
an interagency meeting has occurred among the child, any
family members or individuals identified as important to
the child, the child's county agency caseworker, the
child's county mental health case manager, if any, a
representative of the county adult mental health system,
any service providers and other individuals with
expertise on relevant systems who can assist in
developing a written plan that identifies appropriate
services for the child's transition from the court's
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jurisdiction.
(v) Services recommended through the assessment and
agreed upon during the interagency meeting described in
subparagraph (iv), and included in the written plan, were
made available on or before the planned discharge date,
unless the services were applied for in a timely manner
and there is an explanation as to why services could not
be made available before discharge.
(5) In cases where the child has been identified as
having mental retardation, documentation that:
(i) The child has been registered with the county
mental retardation program established by the Mental
Health and Mental Retardation Act of 1966.
(ii) A service coordinator has been assigned to the
child by the county mental retardation program.
(iii) A Supports Intensity Scale (SIS) or similar
tool has been completed as developed by the Department of
Public Welfare.
(iv) A current Prioritization of Urgency of Need for
Services (PUNS) or successor form has been completed as
developed by the Department of Public Welfare.
(v) An interagency meeting to plan for the child's
transition from the jurisdiction of the court occurred at
least one year before the planned date of discharge, or
at the earliest time possible if the child's discharge
date is set for less than one year from the date it is
recorded in the child's permanency plan, and that the
meeting included the child, any family members or
individuals identified as important to the child, the
county agency caseworker, a provider of mental
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retardation services familiar with the child, the child's
caseworker from the county mental retardation program,
the child's supports coordinator, a representative from
the Department of Public Welfare's developmental programs
and representatives from appropriate educational
programs.
(6) In cases where the child has autism, documentation
that:
(i) The Bureau of Autism Services in the Department
of Public Welfare was notified of the planned discharge
at least one year prior to the child's planned discharge
date recorded on the child's permanency plan or at the
earliest time possible if the child's discharge date is
set for less than one year from the date it is recorded
in the child's permanency plan.
(ii) The child's needs have been assessed and all
appropriate services and waivers have been applied for.
(iii) An interagency meeting to plan for the child's
transition from the jurisdiction of the court occurred at
least one year before the planned date of discharge, or
at the earliest time possible if the child's discharge
date is set for less than one year from the date it is
recorded in the child's permanency plan, and that the
meeting included the child, any family members or
individuals identified as important to the child, the
county agency caseworker, a representative from the
Department of Public Welfare responsible for
developmental programs and representatives from
appropriate educational programs.
(7) In cases where the child has a physical disability,
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documentation that the county agency has notified appropriate
agencies that administer home-based and community-based
waivers under the medical assistance program for adults with
disabilities of the child's planned discharge and that an
assessment has been made whether the child may be eligible
for any waiver by the county agency and that an appropriate
application has been submitted at least six months prior to
the planned discharge recorded in the child's permanency plan
or the earliest time possible if the child's discharge date
is set for less than six months from the date it is recorded
in the child's permanency plan.
(8) A description of the child's suitable housing plan.
(9) Documentation that the child has a source of income
through employment or other legitimate means, which shall not
include public benefits unless the child has been determined
to be unable to work due to a disability.
(10) Documentation of the child's education plan and
that assistance has been provided in applying for admission
to college, a vocational training program or other
educational institution and in obtaining financial aid.
(11) Documentation that the county agency assisted the
child in identifying individuals who can support the child in
the child's transition to adulthood, including the child's
biological parents and relatives, especially where
appropriate, and adults who can serve as mentors.
(12) Documentation that the county agency has made
reasonable efforts to achieve permanency for the child,
including arranging for all available services and resources.
(13) Documentation that an application for Supplemental
Security Income (SSI) benefits has been submitted for any
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child with a disability 90 days prior to the child's
discharge from the court's jurisdiction.
(14) Documentation that the child has been informed by
the county agency that the child may request the court to
continue jurisdiction and that the child may request that the
court resume jurisdiction prior to when the child attains 21
years of age in accordance with this chapter.
(c) Continued jurisdiction related to plan.--The court shall
continue jurisdiction if the court determines that the county
agency has not met the requirements of subsection (b), in which
case the court shall order continued jurisdiction for a period
of time in order that the county agency meet the requirements.
(d) Petition to resume jurisdiction.--
(1) At any time prior to a child reaching 21 years of
age, a child for whom dependency jurisdiction was terminated
when the child was 18 years of age or older may request that
the court resume dependency jurisdiction if the child meets
any one of the conditions enumerated in section 6351(f.1.)(6)
(relating to disposition of dependent child).
(2) A petition can be filed in the county wherein the
child was formerly adjudicated dependent as follows:
(i) Upon the child's request to the county agency to
resume dependency jurisdiction, the county agency shall
file a petition with the court pursuant to section 6334
(relating to petition) for an adjudication that court
jurisdiction shall be resumed.
(ii) The child's guardian ad litem or legal counsel
appointed prior to the child's discharge from the
jurisdiction of the court may file a petition at the
request of the child.
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(iii) If the child contacts the court directly and
requests that a petition to resume court jurisdiction be
filed, the court shall make available sample petitions to
the child.
(3) A hearing on the petition shall be scheduled in
accordance with section 6335 (relating to release or holding
of hearing).
(4) The court shall appoint a guardian ad litem or legal
counsel for the child pursuant to section 6311 (relating to
guardian ad litem for child in court proceedings) and section
6337 (relating to right to counsel) in any proceeding under
this chapter. If possible, the court shall appoint the
guardian ad litem or legal counsel who represented the child
in a prior dependency proceeding.
(5) If the court resumes jurisdiction of the child,
permanency review hearings shall be scheduled in accordance
with section 6351 until court jurisdiction is terminated, but
no later than when the child attains 21 years of age.
Section 4. This act shall take effect in one year.
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