2023 Pennsylvania Consolidated & Unconsolidated Statutes
Act 48 - JUDICIAL CODE (42 PA.C.S.) - NOTICE AND HEARING

Session of 2023

No. 2023-48

HB 1058

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, further providing for definitions and for notice and hearing.

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

Section 1.  Section 6302 of Title 42 of the Pennsylvania Consolidated Statutes 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:

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"Potential kinship care resource."  An individual who meets the requirements to be an emergency caregiver and has expressed a willingness to be a kinship caregiver for a dependent child.

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Section 2.  Section 6336.1(a) of Title 42 is amended to read:

§ 6336.1.  Notice and hearing.

(a)  General rule.--The court shall direct the county agency or juvenile probation department to provide the child's foster parent, preadoptive parent [or], relative providing care for the child or a potential kinship care resource under 67 Pa.C.S. § 7507(c) (relating to Kinship Care Program) with timely notice of the hearing. The court shall provide the child's foster parent, preadoptive parent or relative providing care for the child the right to be heard at any hearing under this chapter. The court shall provide a potential kinship care resource with the right to be heard during a scheduled hearing or at a separate dispositional hearing, but only as to the individual's qualifications to provide kinship care. Once a potential kinship care resource has had an opportunity to address the court, the court shall render a decision as to whether the potential kinship care resource may receive notice or participate in future hearings under this chapter. Unless a foster parent, preadoptive parent [or], relative providing care or a kinship care resource for a child has been awarded legal custody pursuant to section 6357 (relating to rights and duties of legal custodian), nothing in this section shall give the foster parent, preadoptive parent [or], relative providing care or a potential kinship care resource for the child legal standing in the matter being heard by the court.

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Section 3.  This act shall take effect in 60 days.

APPROVED--The 14th day of December, A.D. 2023.

JOSH SHAPIRO