Bill Text: PA SB119 | 2009-2010 | Regular Session | Introduced

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Bill Title: Establishing a subsidy guardianship program for grandparent or relative caregivers of children in the custody of children and youth services.

Spectrum: Slight Partisan Bill (Democrat 12-4)

Status: (Introduced - Dead) 2009-01-29 - Referred to AGING AND YOUTH [SB119 Detail]

Download: Pennsylvania-2009-SB119-Introduced.html

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PRINTER'S NO. 91
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 119 Session of2009
INTRODUCED BY MUSTO, MELLOW, BAKER, FONTANA, TARTAGLIONE, O'PAKE, KITCHEN, ERICKSON, BROWNE, LOGAN, RAFFERTY, WASHINGTON, KASUNIC, WILLIAMS AND STACK, JANUARY 29, 2009
REFERRED TO AGING AND YOUTH, JANUARY 29, 2009
AN ACT
Establishing a subsidy guardianship program for grandparent or
relative caregivers of children in the custody of children
and youth services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Subsidy
Guardianship Program Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"CYS agency." The children and youth services agency of a
county.
"Department." The Department of Aging of the Commonwealth.
"Program." The subsidized guardianship program established
under section 3(a).
"Relative caregiver." A person who is caring for a child
that is related to the person and for whom the option of
reunification has been eliminated and termination of parental
rights is not appropriate.
Section 3. Subsidized guardianship program.
(a) Establishment.--The department shall establish a
subsidized guardianship program for the benefit of children in
legal custody of a CYS agency who meet all of the following:
(1) Are living with grandparents or other relative
caregivers who have been appointed the guardian of the child
pursuant to a court order.
(2) Have been in foster care or living with relatives
other than natural parents for at least 12 months.
(3) Are not receiving financial support from their
parents.
(b) Subsidies.--The program shall provide the following
subsidies for a child eligible under subsection (a):
(1) A special need subsidy which shall be a one-time
payment for expenses resulting from the assumption of care of
the child when no other resource is available to pay for the
expense.
(2) A medical subsidy comparable to any medical subsidy
to children receiving subsidy payments for adoption under a
Statewide adoption network program, if any.
(3) A monthly subsidy on behalf of the child payable to
the grandparent or relative caregiver that shall be equal to
the prevailing foster care rate where the income level of the
household is below 300% of the Federal poverty level.
(4) A child care subsidy.
(c) Duration.--A subsidy shall continue until the child
reaches 18 years of age. The grandparent or relative caregiver
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receiving a guardianship subsidy shall submit annually to the
department a sworn statement, on a form provided by the
department, that the child is still living with and receiving
support from the guardian.
Section 4. Physical and legal custody.
(a) Appointment.--Notwithstanding 23 Pa.C.S. § 5313
(relating to when grandparents may petition), a grandparent or
other relative caregiver may request appointment as guardian and
obtain legal custody over a child and receive a guardianship
subsidy from the department.
(b) Counseling.--If adoption of a child by the child's
grandparent or relative caregiver is an option, the department
shall counsel the grandparent or relative caregiver about the
advantages and disadvantages of adoption and subsidized
guardianship so that the decision by the grandparent or relative
caregiver to request a subsidized guardianship may be a fully
informed one.
Section 5. Home study report.
Prior to a guardianship hearing and as a prerequisite for
payment of a guardianship subsidy, a home study report on the
grandparent or relative caregiver shall be filed with the court
having jurisdiction over the child's case within 15 days of the
request for a subsidy.
Section 6. Federal waivers.
The department shall seek any Federal waiver necessary and
appropriate to implement this act.
Section 20. Regulations.
The department shall promulgate regulations necessary to
implement the provisions of this act.
Section 21. Effective date.
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This act shall take effect in 60 days.
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