PRINTER'S NO. 3542
No. 2588 Session of 1998
INTRODUCED BY TRUE, MILLER, EGOLF, STURLA, BENNINGHOFF, GRUPPO,
BARLEY, VANCE, SCHULER, MASLAND, DEMPSEY, GIGLIOTTI, PESCI,
MARKOSEK, NAILOR, CALTAGIRONE, BELARDI, PIPPY, PLATTS, ORIE,
LYNCH, STERN, SATHER, TIGUE, WALKO, E. Z. TAYLOR, GEIST,
MELIO, FAIRCHILD, ZIMMERMAN, LAUGHLIN, STABACK, HARHAI,
TRELLO, BATTISTO, ARMSTRONG, FICHTER, BARD, HERSHEY,
YOUNGBLOOD, BOSCOLA, MAJOR, SAYLOR, ADOLPH, THOMAS, MAHER,
ROSS, SEMMEL, BUNT, JAMES, ROEBUCK, TANGRETTI, WOJNAROSKI,
MARSICO, CAWLEY, BROWNE, STRITTMATTER AND BEBKO-JONES,
MAY 5, 1998
REFERRED TO COMMITTEE ON JUDICIARY, MAY 5, 1998
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further regulating
3 informal hearings and disposition of dependent children.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 6332(a) and 6351 of Title 42 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 6332. Informal hearing.
9 (a) General rule.--An informal hearing shall be held
10 promptly by the court or master and not later than 72 hours
11 after the child is placed in detention or shelter care to
12 determine whether his detention or shelter care is required
13 under section 6325 (relating to detention of child) and if the
14 child is alleged to be delinquent, that probable cause exists
1 that the child has committed a delinquent act. Reasonable notice
2 thereof, either oral or written, stating the time, place, and
3 purpose of the hearing shall be given to the child and if they
4 can be found, to his parents, guardian, or other custodian.
5 Prior to the commencement of the hearing the court or master
6 shall inform the parties of their right to counsel and to
7 appointed counsel if they are needy persons, and of the right of
8 the child to remain silent with respect to any allegations of
9 delinquency. If the child is alleged to be a dependent child,
10 the court or master shall also determine:
11 (1) whether reasonable efforts were made to prevent such
12 placement [or,];
13 (2) in the case of an emergency placement where services
14 were not offered and could not have prevented the necessity
15 of placement, whether such lack of efforts was reasonable[.];
16 or
17 (3) whether reasonable efforts were not necessary prior
18 to the placement of the child outside his home because the
19 court or master finds that an aggravated circumstance as
20 defined in section 6351(j) (relating to disposition of
21 dependent child) exists.
22 * * *
23 § 6351. Disposition of dependent child.
24 (a) General rule.--If the child is found to be a dependent
25 child the court may make any of the following orders of
26 disposition best suited to the protection and physical, mental,
27 and moral welfare of the child:
28 (1) Permit the child to remain with his parents,
29 guardian, or other custodian, subject to conditions and
30 limitations as the court prescribes, including supervision as
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1 directed by the court for the protection of the child.
2 (2) Subject to conditions and limitations as the court
3 prescribes transfer temporary legal custody to any of the
4 following:
5 (i) Any individual resident within or without this
6 Commonwealth who, after study by the probation officer or
7 other person or agency designated by the court, is found
8 by the court to be qualified to receive and care for the
9 child.
10 (ii) An agency or other private organization
11 licensed or otherwise authorized by law to receive and
12 provide care for the child.
13 (iii) A public agency authorized by law to receive
14 and provide care for the child.
15 (3) Without making any of the foregoing orders transfer
16 custody of the child to the juvenile court of another state
17 if authorized by and in accordance with section 6363
18 (relating to ordering foreign supervision).
19 (b) Required preplacement findings.--Prior to entering any
20 order of disposition under subsection (a) that would remove a
21 dependent child from his home, the court shall enter findings on
22 the record or in the order of court as follows:
23 (1) that continuation of the child in his home would be
24 contrary to the welfare of the child; [and]
25 (2) whether reasonable efforts were made prior to the
26 placement of the child to prevent or eliminate the need for
27 removal of the child from his home, if the child has remained
28 in his home pending such disposition; [or]
29 (2.1) whether reasonable efforts were not necessary
30 prior to the placement of the child outside his home because
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1 the court finds that an aggravated circumstance as defined in
2 subsection (j) exists;
3 (3) if preventive services were not offered due to the
4 necessity for an emergency placement, whether such lack of
5 services was reasonable under the circumstances; [or]
6 (4) if the court has previously determined pursuant to
7 section 6332 (relating to informal hearing) that reasonable
8 efforts were not made to prevent the initial removal of the
9 child from his home, whether reasonable efforts are under way
10 to make it possible for the child to return home[.]; or
11 (4.1) if the court has determined that reasonable
12 efforts to prevent the initial removal of the child from his
13 home were unnecessary because an aggravated circumstance as
14 defined in subsection (j) exists, whether reasonable efforts
15 are under way to make it possible for the child to return
16 home.
17 (c) Limitation on confinement.--Unless a child found to be
18 dependent is found also to be delinquent he shall not be
19 committed to or confined in an institution or other facility
20 designed or operated for the benefit of delinquent children.
21 (d) County programs.--Every county of this Commonwealth
22 shall develop programs for children under paragraph (5) or (6)
23 of the definition of "dependent child" in section 6302 (relating
24 to definitions).
25 (e) Disposition review hearings.--Within six months of the
26 removal of a child from the home of his parents, guardian or
27 custodian for placement pursuant to a transfer of temporary
28 legal custody or other disposition under subsection (a)(2), the
29 court shall conduct a disposition review hearing for the purpose
30 of determining whether placement continues to be best suited to
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1 the protection and physical, mental and moral welfare of the
2 child. The court shall conduct a second review hearing not later
3 than six months after the initial hearing, a third hearing not
4 later than six months after the second hearing and subsequent
5 disposition review hearings at least every 12 months until the
6 child is returned home or removed from the jurisdiction of the
7 court.
8 (f) Matters to be determined.--At each disposition review
9 hearing, the court shall:
10 (1) determine the continuing necessity for and
11 appropriateness of the placement;
12 (2) determine the extent of compliance with the service
13 plan developed for the child;
14 (3) determine the extent of progress made toward
15 alleviating the circumstances which necessitated the original
16 placement;
17 (4) determine the appropriateness and feasibility of the
18 current placement goal for the child; and
19 (5) project a likely date by which the goal for the
20 child might be achieved.
21 (g) Court order.--On the basis of the determinations made
22 under subsection (f) and other relevant evidence, the court, in
23 addition, shall:
24 (1) determine whether the child:
25 (i) should be returned to the parents, guardian or
26 other custodian;
27 (ii) should be continued in placement for a
28 specified period; or
29 (iii) because of the child's special needs or
30 circumstances, should remain in placement on a permanent
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1 or long-term basis; and
2 (2) order continuation, modification or termination of
3 placement or other disposition best suited to the protection
4 and physical, mental and moral welfare of the child.
5 (h) Certain hearings discretionary.--At the discretion of
6 the court, disposition review hearings need not be conducted:
7 (1) for a child who the court has determined should
8 remain permanently in foster care with a specified foster
9 family; or
10 (2) for a child who has been placed in an adoptive home
11 pending finalization of adoption pursuant to 23 Pa.C.S. Part
12 III (relating to adoption).
13 (i) Assignment to orphans' court.--A judge who adjudicated
14 the child dependent or who has conducted disposition review
15 hearings or other dependency proceedings involving the child may
16 be assigned to the orphans' court division for the purpose of
17 hearing proceedings relating to any of the following:
18 (1) Involuntary termination of parental rights of a
19 parent of the dependent child under 23 Pa.C.S. Ch. 25 Subch.
20 B (relating to involuntary termination).
21 (2) A petition to adopt the dependent child.
22 (j) Definitions.--As used in this section, the following
23 words and phrases shall have the meanings given to them in this
24 subsection:
25 "Aggravated circumstance." A substantiated drug abuse
26 history by a parent, guardian or other custodian who is
27 receiving services under 23 Pa.C.S. Ch. 63 (relating to child
28 protective services) either voluntarily or pursuant to court
29 order.
30 "Substantiated drug abuse history" means:
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1 (1) the parent, guardian or other custodian has had at
2 least two positive drug tests within a six-month period
3 within the last 12 months; or
4 (2) the court or master is able to determine, by a
5 preponderance of the evidence, that the parent has a current
6 drug abuse problem.
7 Section 2. This act shall take effect in 60 days.
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