Bill Text: PA SB924 | 2009-2010 | Regular Session | Introduced


Bill Title: In juvenile matters, further defining "child" and "dependent child"; and providing for court review and approval of voluntary foster care extension agreements.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2009-06-05 - Referred to JUDICIARY [SB924 Detail]

Download: Pennsylvania-2009-SB924-Introduced.html

  

 

    

PRINTER'S NO.  1114

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

924

Session of

2009

  

  

INTRODUCED BY WASHINGTON, LOGAN, KITCHEN AND HUGHES, JUNE 5, 2009

  

  

REFERRED TO JUDICIARY, JUNE 5, 2009  

  

  

  

AN ACT

  

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Amending Title 42 (Judiciary and Judicial Procedure) of the

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Pennsylvania Consolidated Statutes, in juvenile matters,

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further defining "child" and "dependent child"; and providing

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for court review and approval of voluntary foster care

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extension agreements.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  The definitions of "child" and "dependent child"

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in section 6302 of Title 42 of the Pennsylvania Consolidated

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Statutes are amended to read:

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§ 6302.  Definitions.

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The following words and phrases when used in this chapter

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shall have, unless the context clearly indicates otherwise, the

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meanings given to them in this section:

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* * *

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"Child."  An individual who:

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(1)  is under the age of 18 years;

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(2)  is under the age of 21 years who committed an act of

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delinquency before reaching the age of 18 years; [or]

 


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(3)  was adjudicated dependent before reaching the age of

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18 years and who, while engaged in a course of instruction or

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treatment, requests the court to retain jurisdiction until

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the course has been completed, but in no event shall a child

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remain in a course of instruction or treatment past the age

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of 21 years[.]; or

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(4)  was adjudicated dependent before reaching 18 years

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of age and who is at least 18 years of age and under 21 years

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of age, and who enters into a written agreement with a county

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agency for the continuation of foster care placement and

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services in accordance with Article VII-A of the act of June

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13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

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* * *

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"Dependent child."  A child who:

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(1)  is without proper parental care or control,

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subsistence, education as required by law, or other care or

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control necessary for his physical, mental, or emotional

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health, or morals. A determination that there is a lack of

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proper parental care or control may be based upon evidence of

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conduct by the parent, guardian or other custodian that

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places the health, safety or welfare of the child at risk,

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including evidence of the parent's, guardian's or other

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custodian's use of alcohol or a controlled substance that

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places the health, safety or welfare of the child at risk;

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(2)  has been placed for care or adoption in violation of

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law;

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(3)  has been abandoned by his parents, guardian, or

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other custodian;

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(4)  is without a parent, guardian, or legal custodian;

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(5)  while subject to compulsory school attendance is

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habitually and without justification truant from school;

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(6)  has committed a specific act or acts of habitual

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disobedience of the reasonable and lawful commands of his

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parent, guardian or other custodian and who is ungovernable

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and found to be in need of care, treatment or supervision;

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(7)  is under the age of ten years and has committed a

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delinquent act;

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(8)  has been formerly adjudicated dependent, and is

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under the jurisdiction of the court, subject to its

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conditions or placements and who commits an act which is

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defined as ungovernable in paragraph (6);

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(9)  has been referred pursuant to section 6323 (relating

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to informal adjustment), and who commits an act which is

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defined as ungovernable in paragraph (6); [or]

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(10)  is born to a parent whose parental rights with

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regard to another child have been involuntarily terminated

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under 23 Pa.C.S. § 2511 (relating to grounds for involuntary

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termination) within three years immediately preceding the

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date of birth of the child and conduct of the parent poses a

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risk to the health, safety or welfare of the child[.]; or

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(11)  was adjudicated dependent before reaching 18 years

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of age and who is 18 years of age or older and under 21 years

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of age, and who enters into a written agreement with a county

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agency for the continuation of foster care placement and

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services in accordance with Article VII-A of the act of June

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13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

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* * *

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Section 2.  Title 42 is amended by adding a section to read:

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§ 6351.2.  Court review and approval of voluntary foster care

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extension agreements.

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(a)  General rule.--A court shall review a voluntary foster

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care extension agreement entered into by a county agency and a

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child pursuant to Article VII-A of the act of June 13, 1967

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(P.L.31, No.21), known as the Public Welfare Code, where the

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child is at least 18 years of age and under 21 years of age and

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was declared dependent before reaching 18 years of age, to

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extend foster care placement and services.

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(b)  Basis for determination.--A court shall approve a

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voluntary foster care extension agreement where the terms of the

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agreement are in the best interest of the child. This

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determination shall include consideration of the safety,

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protection, mental and moral welfare of the child.

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(c)  Time period of approval.--Court approval of a voluntary

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foster care extension agreement shall extend the court's

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determination that the child is dependent until the date on

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which the agreement expires on its own terms or termination by

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the county agency.

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Section 3.  This act shall take effect in 180 days.

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