SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY QUIGLEY, AUMENT, BAKER, BARRAR, BENNINGHOFF, BOBACK, BOYD, CAUSER, CHRISTIANA, CLYMER, D. COSTA, COX, CREIGHTON, CUTLER, ELLIS, EVERETT, GABLER, GEIST, GILLEN, GINGRICH, GOODMAN, GRELL, GROVE, HARHART, HARPER, HARRIS, HEFFLEY, HESS, HICKERNELL, KAUFFMAN, M. K. KELLER, KNOWLES, KRIEGER, MAJOR, MARSHALL, MARSICO, MASSER, METCALFE, METZGAR, MILLER, MILNE, MOUL, MURT, MUSTIO, O'NEILL, PERRY, PETRI, PICKETT, PYLE, QUINN, READSHAW, REED, REICHLEY, ROAE, ROCK, SAYLOR, SCAVELLO, SCHRODER, STEVENSON, SWANGER, TALLMAN, TOOHIL, VEREB, VULAKOVICH, ADOLPH, FARRY, DELOZIER, MALONEY, RAPP, KORTZ, STEPHENS, BURNS, CALTAGIRONE, GILLESPIE AND BEAR, APRIL 1, 2011

SENATOR VANCE, PUBLIC HEALTH AND WELFARE, IN SENATE, AS AMENDED, JUNE 5, 2012   

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," in public assistance,

further providing for definitions and for determination of

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eligibility; in children and youth, further providing for

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definitions; and in kinship care, further providing for

definitions and for Kinship Care Program, providing for

Subsidized Permanent Legal Custodianship Program and for

permanent legal custodianship subsidy and reimbursement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 402 of the act of June 13, 1967 (P.L.31,

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No.21), known as the Public Welfare Code, is amended by adding

definitions to read:

Section 402.  Definitions.--As used in this article, unless

the content clearly indicates otherwise:

"Applicant" means an individual who applies for assistance

under this article.

* * *

"Recipient" means an individual who receives assistance under

this article.

* * *

"Residence" means permanent legal residence.

* * *

Section 2.  Section 432.2(b) and (c) of the act, amended or

added July 15, 1976 (P.L.993, No.202) and April 8, 1982

(P.L.231, No.75), are amended to read:

Section 432.2.  Determination of Eligibility.--* * *

(b)  As a condition of eligibility for assistance, all

applicants and recipients of assistance shall cooperate with the

department in providing and verifying information necessary for

the department to determine initial or continued eligibility in

accordance with the provisions of this act. An individual

applying for assistance shall complete an application containing

such information required to establish eligibility and amount of

grant. The application shall include, but not be limited to, the

following information:

(1)  Names of all persons to receive aid;

(2)  Birth dates of all persons to receive aid;

(3)  Social security numbers of all persons to receive aid,

or proof of application for such social security number;

(4)  Place of residence for all persons to receive aid;

(5)  The names of any legally responsible relative living

in the home;

(6)  Any income or resources as defined in this act or in

regulations promulgated pursuant to this act.

The department shall provide assistance as needed to complete

the application and shall insure that all applicants or

recipients have or promptly obtain a social security number. The

department shall determine all elements of eligibility based

upon the circumstances as exist at the applicant's place of

residence prior to awarding assistance.

(c)  The department shall determine all elements of

eligibility periodically based upon the circumstances as exist

at the recipient's place of residence and in accordance with the

provisions of this section: Provided, however, That such

determination shall not be less frequent than every six months.

The department shall require the completion of a continuing

application form at the time of redetermination recertifying the

information required by subsection (b) and the provisions of

section 432.15 shall be applicable to this subsection.

* * *

Section 1.  Section 432.2(b) of the act of June 13, 1967

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

30, 2011 (P.L.89, No.22), is amended to read:

Section 432.2.  Determination of Eligibility.--* * *

(b)  As a condition of eligibility for assistance, all

applicants and recipients of assistance shall cooperate with the

department in providing and verifying information necessary for

the department to determine initial or continued eligibility in

accordance with the provisions of this act. An individual

applying for assistance shall complete an application containing

such information required to establish eligibility and amount of

grant. The application shall include, but not be limited to, the

following information:

(1)  Names of all persons to receive aid;

(2)  Birth dates of all persons to receive aid;

(3)  Social security numbers of all persons to receive aid,

or proof of application for such social security number;

(4)  Place of residence for all persons to receive aid;

(5)  The names of any legally responsible relative living

in the home;

(6)  Any income or resources as defined in this act or in

regulations promulgated pursuant to this act.

The department shall provide assistance as needed to complete

the application and shall [insure] ensure that all applicants or

recipients have or promptly obtain a social security number. The

department shall determine all elements of eligibility based

upon the circumstances that exist at the applicant's or

recipient's place of residence prior to awarding assistance.

* * *

Section 2.  The definition of "child" in section 772 of the

act, added December 30, 1974 (P.L.1039, No.339), is amended to

read:

Section 772.  Definitions.--As used in this subdivision:

* * *

"Child" means an individual who:

(1)  is under the age of eighteen years[.]; or

(2)  is under the age of twenty-one years and who attained

thirteen years of age before the adoption assistance agreement

became effective and who is:

(i)  completing secondary education or an equivalent

credential;

(ii)  enrolled in an institution which provides postsecondary

or vocational education;

(iii)  participating in a program actively designed to

promote or remove barriers to employment;

(iv)  employed for at least eighty hours per month; or

(v)  incapable of doing any of the activities described in

subclause (i), (ii), (iii) or (iv) due to a medical or

behavioral health condition, which is supported by regularly

updated information in the permanency plan of the child.

* * *

Section 3.  Section 1302 of the act, added September 30, 2003

(P.L.169, No.25), is amended to read:

Section 1302.  Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Child."  An individual who:

(1)  is under 18 years of age; or

(2)  is under 21 years of age and who attained 13 years

of age before the subsidized permanent legal custodianship

agreement became effective and who is:

(i)  completing secondary education or an equivalent

credential;

(ii)  enrolled in an institution which provides

postsecondary or vocational education;

(iii)  participating in a program actively designed

to promote or remove barriers to employment;

(iv)  employed for at least 80 hours per month; or

(v)  incapable of doing any of the activities

described in subparagraph (i), (ii), (iii) or (iv) due to

a medical or behavioral health condition, which is

supported by regularly updated information in the

permanency plan of the child.

"County agency."  The county children and youth social

service agency exercising the power and duties provided for in

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.

"Eligible child."  A child who:

(1)  has a court-ordered disposition of placement with a

permanent legal custodian pursuant to 42 Pa.C.S. § 6351(a)

(2.1) (relating to disposition of dependent child);

(2)  has lived with an eligible permanent legal custodian

for at least six months, which need not be consecutive; and

(3)  is a citizen or an alien lawfully residing in this

Commonwealth.

"Eligible permanent legal custodian."  A relative or kin:

(1)  whose home is approved pursuant to applicable

regulations for placement of foster children;

(2)  with whom an eligible child has resided for at least

six months, which need not be consecutive; and

(3)  who meets the requirements for employment in child-

care services pursuant to 23 Pa.C.S. § 6344 (relating to

information relating to prospective child-care personnel).

"Foster parent."  An individual approved by a public or

private foster family care agency to provide foster family care

services to a child who is temporarily separated from the

child's legal family and placed in the legal custody of an

agency.

"Kin."  An individual 21 years of age or older who is one of

the following:

(1)  A godparent of the child as recognized by an

organized church.

(2)  A member of the child's tribe, nation or tribal

organization.

(3)  An individual with a significant, positive

relationship with the child or family.

"Permanent legal custodian."  A person to whom legal custody

of the child has been given by order of a court pursuant to 42

Pa.C.S. § 6351(a)(2.1) (relating to disposition of dependent

child).

"Relative."  An individual who is:

(1)  Related within the [third] fifth degree of

consanguinity or affinity to the parent or stepparent of a

child.

(2)  At least 21 years of age.

"Subsidized permanent legal custodianship."  A court-ordered

disposition of a dependent child pursuant to 42 Pa.C.S. §

6351(a)(2.1) (relating to disposition of dependent child) for

which the child's permanent legal custodian receives a monetary

payment from the county agency pursuant to a subsidized

permanent legal custodianship agreement.

"Subsidized permanent legal custodianship agreement."  A

written agreement signed by the director of the county agency,

or a designee, and a permanent legal custodian, that sets forth

the terms and subsidy payments for a subsidized permanent legal

custodianship.

Section 4.  Section 1303(b) of the act, added September 30,

2003 (P.L.169, No.25), is amended and the section is amended by

adding a subsection to read:

Section 1303.  Kinship Care Program.

* * *

(a.1)  Relative notification.--Except in situations of family

or domestic violence, the county agency shall exercise due

diligence to identify and notify all grandparents and other

adult relatives to the fifth degree of consanguinity or affinity

to the parent or stepparent of a dependent child within 30 days

of the child's removal from the child's home when temporary

legal and physical custody has been transferred to the county

agency. The notice must explain all of the following:

(1)  Any options under Federal and State law available to

the relative to participate in the care and placement of the

child, including any options that would be lost by failing to

respond to the notice.

(2)  The requirements to become a foster parent,

permanent legal custodian or adoptive parent.

(3)  The additional supports that are available for

children removed from the child's home.

(b)  Placement of children.--If a child has been removed from

the child's home under a voluntary placement agreement or is in

the legal custody of the county agency, the county agency shall

give first consideration to placement with relatives or kin. The

county agency shall document that an attempt was made to place

the child with a relative or kin. If the child is not placed

with a relative or kin, the agency shall document the reason why

such placement was not possible.

* * *

Section 5.  The act is amended by adding sections to read:

Section 1303.1.  Subsidized Permanent Legal Custodianship

Program.

(a)  Establishment of program.--The Subsidized Permanent

Legal Custodianship Program is established in the department.

(b)  Implementation.--The department shall establish and

develop criteria and promulgate necessary regulations for county

agencies to implement the Subsidized Permanent Legal

Custodianship Program in accordance with the provisions of this

article. The criteria and regulations shall include, but not be

limited to, identification of eligible children and eligible

permanent legal custodians, procedures for implementing the

program and reporting requirements by county agencies.

Section 1303.2.  Permanent legal custodianship subsidy and

reimbursement.

(a)  Amount.--The amount of permanent legal custodianship

subsidy for maintenance costs to a permanent legal custodian

shall not exceed the monthly payment rate for foster family care

in the county in which the child resides.

(b)  County reimbursement.--The department shall reimburse

the county agency for at least 80% of the cost of a permanent

legal custodianship subsidy payment provided by a county agency

in accordance with the provisions of this article, provided that

the county agency complies with the requirements established by

the department.

Section 3 6.  All regulations inconsistent with this act are

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abrogated.

Section 4 7.  This act shall take effect in 60 days July 1,

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2012, or immediately, whichever is later.