2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 131 - PUBLIC WELFARE (67 PA.C.S.) - RESOURCE FAMILIES, EDITORIAL CHANGES AND RELATED REPEALS

Session of 2022

No. 2022-131

 

HB 2426

 

AN ACT

 

Amending Title 67 (Public Welfare) of the Pennsylvania Consolidated Statutes, providing for resource families; making editorial changes; and making related repeals.

 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 

Section 1.  The heading of Part IV of Title 67 of the Pennsylvania Consolidated Statutes is amended to read:

PART IV

[MISCELLANEOUS PROVISIONS]

CHILDREN, YOUTH AND FAMILIES

Section 2.  Title 67 is amended by adding chapters to read:

CHAPTER 71

GENERAL PROVISIONS

Sec.

7101.  Definitions.

§ 7101.  Definitions.

The following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"County agency."  The county children and youth social service agency established in accordance with section 405 of the act of June 24, 1937 (P.L.2017, No.396), known as the County Institution District Law, or its successor, and supervised by the department under Article IX of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code.

"Resource family."  A resource family as defined in 23 Pa.C.S. § 6303 (relating to definitions).

CHAPTER 73

RESOURCE FAMILIES

Sec.

7301.  Responsibilities of county and private agencies.

7302.  Retaliation prohibited.

7303.  Resource family adoption interview.

7304.  Regulations.

§ 7301.  Responsibilities of county and private agencies.

The county agency or a private agency that provides foster care services through a contract with a county agency shall provide a resource family with all of the following:

(1)  The opportunity to be heard regarding agency decisions affecting a child placed with a resource family.

(2)  Support services as assessed to meet the needs of the child and resource family.

(3)  Complete and timely responses to inquiries regarding the role of the resource family or the care of the child.

(4)  Information about the child's medical history, general behavior, relationship with the child's parents, educational history, life experiences and previous and prospective placements.

(5)  Consultation in the development of the child's permanency plan.

(6)  Consultation in and prior notice of a decision to release the resource family's address to the child's parent or other family members.

(7)  Assistance with the coordination of services for the resource family or members of the resource family's immediate family that are assessed as necessary due to emotional disturbance resulting from removal of the child from the resource family's home, provided that the removal is not due to the resource family having created or permitted circumstances that constituted a threat to the child's health or safety.

(8)  Written notice of all agency policies and procedures relating to the role of the resource family.

(9)  Appropriate training to enhance the skills and performance of the resource family and maximize the opportunity for successful placements.

(10)  Information on how to reach agency personnel for emergencies on a 24-hour basis.

(11)  Confidentiality regarding allegations of abuse involving the resource family or a member of the resource family's family to the extent consistent with the safety of the child and other members of the resource family's household.

(12)  Prompt written notice of any change to the child's permanency plan.

(13)  A copy of the provisions of this chapter.

§ 7302.  Retaliation prohibited.

No agency shall discharge, threaten or otherwise discriminate or retaliate against a resource family for an inquiry regarding decisions or practices affecting the child or for any communication pursuant to the provisions of 42 Pa.C.S. Ch. 63 (relating to juvenile matters).

§ 7303.  Resource family adoption interview.

(a)  Interview.--The agency that placed the child shall interview the resource family as a potential adoptive family when:

(1)  the resource family has expressed interest in adopting the child;

(2)  the child has resided with the resource family for six months or longer; and

(3)  the child's primary or concurrent permanency goal is adoption; or

(4)  the child has been in out-of-home placement for at least 15 of the preceding 22 months.

(b)  Resource family parent interview.--If the interviewing agency is not the agency responsible for making a recommendation to the court as to adoptive placement of the child, the interviewing agency shall share all information obtained from the interview under subsection (a) with the agency responsible for making the recommendation.

(c)  Consideration of more than one adoptive resource.--If more than one adoptive resource is available, the agency responsible for making a recommendation to the court as to adoptive placement of the child shall document the reasons for the agency's recommendation in the child's case record and, upon request, shall provide that information to the resource family.

§ 7304.  Regulations.

The department shall promulgate regulations as necessary to ensure compliance with this chapter.

Section 3.  Repeals are as follows:

(1)  The General Assembly declares that the repeals under paragraphs (2) and (3) are necessary to effectuate the addition of 67 Pa.C.S. Chs. 71 and 73.

(2)  The act of November 16, 2005 (P.L.376, No.68), known as the Resource Family and Adoption Process Act, is repealed.

(3)  The act of November 22, 2005 (P.L.404, No.73), known as the Resource Family Care Act, is repealed.

Section 4.  The addition of 67 Pa.C.S. Chs. 71 and 73 is a continuation of the act of November 16, 2005 (P.L.376, No.68), known as the Resource Family and Adoption Process Act, and the act of November 22, 2005 (P.L.404, No.73), known as the Resource Family Care Act. The following apply:

(1)  Except as otherwise provided in 67 Pa.C.S. Chs. 71 and 73, all activities initiated under the Resource Family and Adoption Process Act and the Resource Family Care Act shall continue and remain in full force and effect and may be completed under 67 Pa.C.S. Chs. 71 and 73. Orders, regulations, rules and decisions which were made under the Resource Family and Adoption Process Act and the Resource Family Care Act and which are in effect on the effective date of this section shall remain in full force and effect until revoked, vacated or modified under 67 Pa.C.S. Chs. 71 and 73. Contracts, obligations and collective bargaining agreements entered into under the Resource Family and Adoption Process Act and the Resource Family Care Act are not affected nor impaired by the repeal of the Resource Family and Adoption Process Act and the Resource Family Care Act.

(2)  Any difference in language between 67 Pa.C.S. Chs. 71 and 73 and the Resource Family and Adoption Process Act and the Resource Family Care Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Resource Family and Adoption Process Act and the Resource Family Care Act.

Section 5.  This act shall take effect in 60 days.

 

APPROVED--The 3rd day of November, A.D. 2022.

 

TOM WOLF