PRINTER'S NO. 2791
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2381
Session of
2022
INTRODUCED BY M. MACKENZIE, R. MACKENZIE, BERNSTINE, HEFFLEY,
HENNESSEY, KEEFER, ROWE, RYAN, SILVIS AND ZIMMERMAN,
MARCH 8, 2022
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 8, 2022
AN ACT
Amending Title 67 (Public Welfare) of the Pennsylvania
Consolidated Statutes, in family finding and kinship care,
further providing for definitions, for family finding
required and for Kinship Care Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "kin" in section 3102 of Title
67 of the Pennsylvania Consolidated Statutes is amended to read:
§ 3102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"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
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organization.
(3) An individual with a significant, positive
relationship with the child or family.
(4) A foster parent with whom the child has resided for
at least six months.
* * *
Section 2. Section 3103 of Title 67 is amended to read:
§ 3103. Family finding required.
(a) Requirement.--Family finding shall be [conducted for]
initiated with a diligent search for adult relatives by the
department as described in subsection (b) of a child when the
child is accepted for service and at least annually thereafter
until the child's involvement with the county agency is
terminated or the family finding is discontinued in accordance
with section 3104 (relating to discontinuance of family
finding).
(b) Diligent search.--A diligent search for adult relatives
under subsection (a) shall include:
(1) Interviews conducted by county agency personnel
while the child is provided services with:
(i) The child.
(ii) The child's parents.
(iii) Identified relatives of the child.
(iv) Others who are likely to have information
regarding the identity or location of adult relatives of
the child.
(2) Comprehensive searches of databases available to the
county agency, including searches of employment, residence,
utilities, vehicle registration, child support enforcement,
law enforcement, corrections records and other records likely
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to result in identifying and locating adult relatives.
(3) Appropriate inquiry during the course of hearings.
(4) Other reasonable means that are likely to identify
adult relatives or other persons who have demonstrated an
ongoing commitment to the child.
(c) Continuation of search.--
(1) A diligent search conducted by county agency
personnel for adult relatives under this section shall
continue as long as the child is provided services.
(2) A county agency shall ensure that the diligent
search is conducted within 30 days from the date the child
was first provided services.
(3) A county agency shall file with the court
information regarding attempts to locate adult relatives
under this section within 30 days from the date a child was
removed from a home, or as otherwise required by the court,
and at each periodic review hearing.
Section 3. Section 3105(c) of Title 67 is amended and the
section is amended by adding a subsection to read:
§ 3105. Kinship Care Program.
* * *
(b.1) Relative fails to demonstrate willingness after
notification.--If, within six months from the date an adult
relative received notice under subsection (b), the adult
relative fails to demonstrate an interest in and willingness to
provide a permanent home for a child, the court may excuse the
county agency from considering the adult relative for placement
under subsection (c).
(c) Placement of children.--
(1) If a child has been removed from the child's home
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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 the placement was not possible.
(2) A foster parent or kinship caregiver with whom a
child has resided for at least six months may be presumed to
have a significant relationship with the child and, absent
evidence to the contrary, continuation of the child's
placement with the foster parent or kinship caregiver shall
be presumed to be in the child's best interests.
* * *
Section 4. This act shall take effect in 60 days.
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