PRINTER'S NO. 3540
No. 2542 Session of 2000
INTRODUCED BY ZIMMERMAN, ARMSTRONG, THOMAS, BASTIAN, BELFANTI, BENNINGHOFF, CAPPABIANCA, CLYMER, M. COHEN, FLICK, GEIST, HALUSKA, HENNESSEY, HERSHEY, HORSEY, JOSEPHS, MICOZZIE, S. MILLER, NICKOL, PHILLIPS, PISTELLA, RAMOS, ROBERTS, ROEBUCK, SATHER, SCHRODER, SEMMEL, SHANER, SOLOBAY, STABACK, STERN, E. Z. TAYLOR, TIGUE, TRELLO, TRUE, TULLI, WALKO, WASHINGTON, WILLIAMS, WILT, WOJNAROSKI, YOUNGBLOOD AND L. I. COHEN, MAY 11, 2000
REFERRED TO COMMITTEE ON AGING AND YOUTH, MAY 11, 2000
AN ACT 1 Requiring county agencies to give first consideration to foster 2 parents in adoption proceedings. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Foster Child 7 Adoption Act. 8 Section 2. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Child." An individual who: 13 (1) is under 18 years of age; 14 (2) is under 21 years of age and who committed an act of 15 delinquency before reaching 18 years of age; or
1 (3) is under 21 years of age and who was adjudicated 2 dependent before reaching 18 years of age and while engaged 3 in a course of instruction or treatment requests the court to 4 retain jurisdiction until the course has been completed. 5 "County agency." The county children and youth social 6 service agency established pursuant to section 405 of the act of 7 June 24, 1937 (P.L.2017, No.396), known as the County 8 Institution District Law, or its successor, and supervised by 9 the Department of Public Welfare under Article IX of the act of 10 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code. 11 "Foster family." The living unit, including the foster 12 family residence and foster parent, approved by a foster family 13 care agency to provide foster family care to a child. 14 "Foster family care." Residential care and supervision 15 provided to a child placed with a foster family. 16 "Foster family care agency." A public or private agency 17 which recruits, approves, supervises and places children with 18 foster families. 19 "Foster parent." An individual approved by a foster family 20 care agency who is responsible for providing foster family care 21 to a child placed by a foster family care agency. 22 Section 3. First consideration of foster parents. 23 (a) General rule.--In cases where a foster family care 24 agency places a child in the care of a foster family and the 25 child's goal has been changed to adoption and the child has 26 resided with that approved foster family for six months or more, 27 the foster parent shall be given first consideration by the 28 county agency as the child's potential adoptive parent. During 29 its decision-making process, the county agency shall give 30 primary consideration to the child's psychological bonding to 20000H2542B3540 - 2 -
1 the foster parent. 2 (b) Consideration of other individuals.--If the county 3 agency decides to consider other individuals as potential 4 adoptive parents for the child, the county agency shall document 5 the reasons for such consideration in the child's case record. 6 (c) Certain concerns not to be considered.--No foster parent 7 shall be denied primary consideration as an adoptive parent for 8 a child in the foster parent's care for six months or more 9 simply because of concerns regarding an inability to access that 10 individual as a foster parent for other children in the future. 11 Section 4. Regulations. 12 The Department of Public Welfare shall promulgate regulations 13 regarding county agency responsibilities pursuant to this act 14 not later than six months following the effective date of this 15 act. The regulations shall include the ability of foster parents 16 to appeal a relocation of a child from the foster family in 17 cases where the foster parent alleges that the county agency did 18 not act in accordance with this act. 19 Section 5. Effective date. 20 This act shall take effect immediately. D5L23DMS/20000H2542B3540 - 3 -