PRIOR PRINTER'S NO. 549 PRINTER'S NO. 3656
No. 511 Session of 2005
INTRODUCED BY MUNDY, BEBKO-JONES, BLACKWELL, CALTAGIRONE, CAPPELLI, CORRIGAN, CRAHALLA, FREEMAN, GOODMAN, GRUITZA, JOSEPHS, PRESTON, SEMMEL, TANGRETTI, TIGUE, WALKO, BELFANTI, DALEY, CURRY, STABACK, THOMAS, PISTELLA, YOUNGBLOOD, FRANKEL, SHAPIRO AND STETLER, FEBRUARY 14, 2005
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 7, 2006
AN ACT 1 Providing for certain rights of foster children. <-- 2 PROVIDING FOR CERTAIN DUTIES OF COUNTY AND PRIVATE AGENCIES AND <-- 3 RESOURCE PARENTS REGARDING CHILDREN IN SUBSTITUTE CARE. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Short title. 7 This act shall be known and may be cited as the Foster <-- 8 Children Rights CHILDREN IN SUBSTITUTE CARE Act. <-- 9 Section 2. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "CHILD IN SUBSTITUTE CARE." AN INDIVIDUAL WHO WAS <-- 14 ADJUDICATED DEPENDENT BEFORE REACHING 18 YEARS OF AGE AND WHO: 15 (1) HAS NOT REACHED 18 YEARS OF AGE AND IS IN PLACEMENT; 16 OR
1 (2) IS IN PLACEMENT AFTER REACHING 18 YEARS OF AGE AND 2 WHILE ENGAGED IN A COURSE OF INSTRUCTION OR TREATMENT 3 REQUESTS THE COURT TO RETAIN JURISDICTION UNTIL THE COURSE OF 4 INSTRUCTION OR TREATMENT IS COMPLETED, 5 BUT IN NO EVENT SHALL THE INDIVIDUAL REMAIN IN A COURSE OF 6 INSTRUCTION OR TREATMENT AFTER REACHING 21 YEARS OF AGE. 7 "County agency." A county children and youth social service 8 agency established pursuant to section 405 of the act of June 9 24, 1937 (P.L.2017, No.396), known as the County Institution 10 District Law, or its successor, and supervised by the Department 11 of Welfare under Article IX of the act of June 13, 1967 (P.L.31, 12 No.21), known as the Public Welfare Code. 13 "Foster parent." An individual responsible for providing <-- 14 foster family care to a child placed by a foster family care 15 agency. 16 "Members of children and youth services team." The term 17 includes caseworkers, court-appointed special advocates and 18 guardians ad litem. 19 "Private agency." A children and youth social service agency 20 subject to the requirements of 55 Pa. Code Ch. 3680 (relating to 21 administration and operation of a children and youth social 22 service agency). 23 Section 3. Rights of foster children. 24 A foster child has the following rights: 25 (1) To be treated with fairness, dignity and respect and 26 to not be discriminated against because of race, color, 27 religion, disability, sexual orientation, national origin, 28 age or gender. 29 (2) To be free from harassment, corporal punishment, 30 unreasonable restraint and physical, sexual, emotional and 20050H0511B3656 - 2 -
1 other abuse. 2 (3) To live in a safe, healthy and comfortable home. 3 (4) To be properly nourished and clothed with clothing 4 that is clean, seasonal and age and gender appropriate. 5 (5) To receive medical, dental, vision, mental health, 6 behavioral health and drug and alcohol abuse and addiction 7 services that respond to the child's needs. 8 (6) To be free from unreasonable searches of personal 9 belongings and mail, including electronic mail, and to be 10 free to make and receive confidential telephone calls as 11 reasonable under the circumstances unless otherwise provided 12 by law. 13 (7) Provided that the child is given contact information 14 and a means of communication, to be permitted to visit with 15 and contact family members consistent with the family service 16 plan, unless otherwise prohibited by court order and to 17 contact the child's attorney and members of the child's 18 children and youth services team. 19 (8) To be permitted to participate in religious 20 observances and activities and attend religious services of 21 the child's preference or the religion of the child's family 22 of origin or culture as may be reasonably accommodated, or to 23 refrain from such religious practices. 24 (9) To maintain and reflect the child's culture as may 25 be reasonably accommodated. 26 (10) To receive an appropriate education consistent with 27 the laws of this Commonwealth, including the right to have 28 the opportunity to participate in extracurricular, cultural 29 and personal enrichment activities that are reasonably 30 available and accommodated and consistent with the child's 20050H0511B3656 - 3 -
1 age and developmental level. 2 (11) To work and develop job skills at an age- 3 appropriate level, consistent with the laws of this 4 Commonwealth and as may be reasonably accommodated and to 5 receive appropriate life skills training to prepare for 6 independent living. 7 (12) To attend court hearings relating to the child's 8 case and to have the opportunity to be heard. 9 (13) To be permitted to contribute to and receive 10 information about the family service plan, including changes 11 to the plan, and to review the case plan itself if the child 12 is at least 14 years of age. 13 (14) To have confidentiality maintained consistent with 14 the laws of this Commonwealth. 15 (15) To have any kinship resource or previous foster 16 parent of the child be considered as the preferred placement 17 resource if such placement is consistent with the best 18 interest of the child and the needs of other children in the 19 kinship residence or foster parent's home. 20 (16) If the child has a child of his own to be permitted 21 to exercise parental and decision-making authority over his 22 own child and to reside with his own child if appropriate and 23 as may be reasonably accommodated unless prohibited by order 24 of court. 25 (17) To have the opportunity to contact the Department 26 of Public Welfare confidentially and to make complaints 27 regarding alleged violations of the child's rights and to be 28 free from harassment and retaliation regarding such actions. 29 Section 4. Copy of rights to be provided. 30 A county agency or private agency shall provide a copy of the 20050H0511B3656 - 4 -
1 rights enumerated in this act to each foster child and foster 2 parent to whom they provide services. 3 "MEMBERS OF AN INTEGRATED CHILDREN'S SERVICES PLANNING TEAM." <-- 4 THE TERM INCLUDES THE PUBLIC AND PRIVATE CHILDREN AND YOUTH 5 CASEWORKER, JUVENILE PROBATION OFFICER, MENTAL HEALTH 6 CASEWORKER, MENTAL RETARDATION CASEWORKER AND ANY OTHER 7 INDIVIDUAL WHO IS CONSIDERED TO BE A PART OF A SERVICE PLANNING 8 TEAM SPECIFIC TO A CHILD. 9 "PRIVATE AGENCY." A CHILDREN AND YOUTH SOCIAL SERVICE AGENCY 10 SUBJECT TO THE REQUIREMENTS OF 55 PA. CODE CH. 3680 (RELATING TO 11 ADMINISTRATION AND OPERATION OF A CHILDREN AND YOUTH SOCIAL 12 SERVICE AGENCY). 13 "RELATIVE." AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OF AGE 14 AND RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY 15 TO THE PARENT OR STEPPARENT OF A CHILD. 16 "RESOURCE FAMILY." A FAMILY THAT PROVIDES TEMPORARY FOSTER 17 OR KINSHIP CARE FOR A CHILD WHO NEEDS OUT-OF-HOME PLACEMENT AND 18 THAT MAY EVENTUALLY PROVIDE PERMANENCY FOR THE CHILD, INCLUDING 19 AS AN ADOPTIVE FAMILY. 20 "UNREASONABLE RESTRAINT." CONTROLLING BEHAVIOR OR 21 RESTRICTING MOVEMENT THROUGH THE APPLICATION OF PHYSICAL, 22 MECHANICAL OR CHEMICAL INTERVENTION NOT USED FOR COERCION OR 23 PUNISHMENT, EXCEPT FOR SITUATIONS REQUIRING EMERGENCY SAFETY 24 INTERVENTIONS TO PREVENT HARM TO SELF OR TO OTHERS WHERE LESS 25 RESTRICTIVE ALTERNATIVES HAVE FAILED. 26 SECTION 3. CHILDREN IN SUBSTITUTE CARE. 27 COUNTY AND PRIVATE AGENCIES AND RESOURCE PARENTS SHALL 28 PROVIDE THE FOLLOWING TO A CHILD IN SUBSTITUTE CARE: 29 (1) TREATMENT WITH FAIRNESS, DIGNITY AND RESPECT AND 30 FREEDOM FROM DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, 20050H0511B3656 - 5 -
1 DISABILITY, SEXUAL ORIENTATION, NATIONAL ORIGIN, AGE OR 2 GENDER. 3 (2) FREEDOM FROM HARASSMENT, CORPORAL PUNISHMENT, 4 UNREASONABLE RESTRAINT AND PHYSICAL, SEXUAL, EMOTIONAL AND 5 OTHER ABUSE. 6 (3) ABILITY TO LIVE IN THE LEAST RESTRICTIVE, MOST 7 FAMILY-LIKE SETTING THAT IS SAFE, HEALTHY, COMFORTABLE AND 8 MEETS THE CHILD'S NEEDS. 9 (4) PROPER NOURISHMENT AND CLOTHING THAT IS CLEAN, 10 SEASONAL AND AGE AND GENDER APPROPRIATE. 11 (5) MEDICAL, DENTAL, VISION, MENTAL HEALTH, BEHAVIORAL 12 HEALTH AND DRUG AND ALCOHOL ABUSE AND ADDICTION SERVICES 13 CONSISTENT WITH THE LAWS OF THE COMMONWEALTH AND FOR WHICH 14 THE CHILD QUALIFIES. 15 (6) FREEDOM FROM UNREASONABLE SEARCHES OF PERSONAL 16 BELONGINGS AND MAIL, INCLUDING ELECTRONIC MAIL, AND FREEDOM 17 TO MAKE AND RECEIVE CONFIDENTIAL TELEPHONE CALLS AS 18 REASONABLE UNDER THE CIRCUMSTANCES UNLESS OTHERWISE PROVIDED 19 BY LAW OR WHEN THERE IS REASON TO BELIEVE THAT THE CHILD MAY 20 BE IN DANGER OF BEING HARMED BY AN INDIVIDUAL COMMUNICATING 21 WITH THE CHILD THROUGH POSTAL MAIL, ELECTRONIC MAIL OR 22 TELEPHONE CALLS. 23 (7) PERMISSION TO VISIT AND HAVE CONTACT WITH FAMILY 24 MEMBERS, INCLUDING SIBLINGS, AS FREQUENTLY AS POSSIBLE 25 CONSISTENT WITH THE FAMILY SERVICE PLAN AND THE CHILD'S 26 PERMANENCY PLAN, UNLESS PROHIBITED BY COURT ORDER. 27 (8) ABILITY TO CONTACT THE CHILD'S GUARDIAN AD LITEM, 28 ATTORNEY OR COURT-APPOINTED SPECIAL ADVOCATE AND MEMBERS OF 29 THE INTEGRATED CHILDREN'S SERVICES PLANNING TEAM. 30 (9) MAINTAIN AND REFLECT THE CHILD'S CULTURE AS MAY BE 20050H0511B3656 - 6 -
1 REASONABLY ACCOMMODATED. 2 (10) AN APPROPRIATE EDUCATION CONSISTENT WITH THE LAWS 3 OF THIS COMMONWEALTH, INCLUDING THE OPPORTUNITY TO 4 PARTICIPATE IN CULTURALLY APPROPRIATE EXTRACURRICULAR AND 5 CULTURAL AND PERSONAL ENRICHMENT ACTIVITIES THAT ARE 6 REASONABLY AVAILABLE AND ACCOMMODATED AND CONSISTENT WITH THE 7 CHILD'S AGE AND DEVELOPMENTAL LEVEL. 8 (11) ABILITY TO WORK AND DEVELOP JOB SKILLS AT AN AGE- 9 APPROPRIATE LEVEL, CONSISTENT WITH THE LAWS OF THIS 10 COMMONWEALTH AND AS MAY BE REASONABLY ACCOMMODATED. 11 (12) ABILITY TO RECEIVE APPROPRIATE LIFE SKILLS TRAINING 12 TO PREPARE FOR INDEPENDENT LIVING AS CONSISTENT WITH THE LAWS 13 OF THIS COMMONWEALTH. 14 (13) NOTIFICATION OF AND ABILITY TO ATTEND COURT 15 HEARINGS RELATING TO THE CHILD'S CASE AND TO HAVE THE 16 OPPORTUNITY TO BE HEARD. 17 (14) CONTRIBUTE AND RECEIVE INFORMATION ABOUT THE FAMILY 18 SERVICE PLAN AND CHILD'S PERMANENCY PLAN AND REVIEW THOSE 19 PLANS IF THE CHILD IS AT LEAST 14 YEARS OF AGE. 20 (15) CONFIDENTIALITY MAINTAINED CONSISTENT WITH THE LAWS 21 OF THIS COMMONWEALTH. 22 (16) PROVIDE FIRST CONSIDERATION TO PLACEMENT WITH 23 RELATIVES, INCLUDING SIBLINGS. IN THE ABSENCE OF RELATIVES, 24 TO HAVE ANY KINSHIP RESOURCE BE CONSIDERED AS THE PREFERRED 25 PLACEMENT RESOURCE IF SUCH PLACEMENT IS CONSISTENT WITH THE 26 BEST INTEREST OF THE CHILD AND THE NEEDS OF OTHER CHILDREN IN 27 THE KINSHIP RESIDENCE. 28 (17) CONSIDER ANY PREVIOUS RESOURCE FAMILY AS THE 29 PREFERRED PLACEMENT RESOURCE, IF RELATIVE AND KINSHIP 30 RESOURCES ARE UNAVAILABLE AND THE PLACEMENT RESOURCE IS 20050H0511B3656 - 7 -
1 CONSISTENT WITH THE BEST INTEREST OF THE CHILD. 2 (18) IF THE CHILD HAS A CHILD OF HIS OWN, PERMISSION TO 3 EXERCISE PARENTAL AND DECISION-MAKING AUTHORITY OVER HIS OWN 4 CHILD AND TO RESIDE WITH HIS OWN CHILD IF APPROPRIATE AND AS 5 MAY BE REASONABLY ACCOMMODATED UNLESS PROHIBITED BY ORDER OF 6 COURT. 7 (19) THE OPPORTUNITY TO CONTACT THE DEPARTMENT OF PUBLIC 8 WELFARE CONFIDENTIALLY AND TO MAKE COMPLAINTS REGARDING 9 ALLEGED VIOLATIONS OF THE CHILD'S RIGHTS AND TO BE FREE FROM 10 HARASSMENT AND RETALIATION REGARDING SUCH ACTIONS. 11 (20) PERMISSION TO PARTICIPATE IN RELIGIOUS OBSERVANCES 12 AND ACTIVITIES AND ATTEND RELIGIOUS SERVICES OF THE CHILD'S 13 PREFERENCE OR THE RELIGION OF THE CHILD'S FAMILY OF ORIGIN OR 14 CULTURE AS MAY BE REASONABLY ACCOMMODATED. 15 SECTION 4. COPY OF RESPONSIBILITIES TO BE PROVIDED. 16 A COUNTY AGENCY OR PRIVATE AGENCY SHALL PROVIDE A COPY OF THE 17 DUTIES OF COUNTY AND PRIVATE AGENCIES AND RESOURCE PARENTS 18 REQUIRED BY LAW AND REGULATION TO EACH CHILD IN SUBSTITUTE CARE 19 AND RESOURCE FAMILY TO WHOM THEY PROVIDE SERVICES. 20 Section 5. Effective date. 21 This act shall take effect in 60 days. B7L23DMS/20050H0511B3656 - 8 -