PRINTER'S NO. 3528
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2858
Session of
2022
INTRODUCED BY PASHINSKI, BOBACK, SOLOMON, HENNESSEY, HILL-EVANS,
ZABEL, BURGOS, SCHNEE, KENYATTA, SANCHEZ, SCHLOSSBERG,
HOHENSTEIN, MADDEN, KIM, DELLOSO, T. DAVIS, HANBIDGE,
PISCIOTTANO, KINSEY, CURRY, HARKINS, BULLOCK, WELBY,
LONGIETTI, PARKER, McNEILL, SAMUELSON, CEPHAS AND GUENST,
SEPTEMBER 29, 2022
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, SEPTEMBER 29, 2022
AN ACT
Amending Title 67 (Public Welfare) of the Pennsylvania
Consolidated Statutes, in family finding and kinship care,
providing for Legal Services for Kinship Care Families Grant
Program; establishing the Legal Services for Kinship Care
Families Grant Fund; and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 67 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3108. Legal Services for Kinship Care Families Grant Program.
(a) Establishment.--The Legal Services for Kinship Care
Families Grant Program is established within the department.
(b) Grants.--Subject to the availability of funds, the
department shall award grants to qualified legal services
entities to provide legal services to kinship caregivers and
kinship caregivers' families.
(c) Eligibility for grant award.--In order to receive a
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grant award under this section, a legal services entity must:
(1) Be a not-for-profit organization located within this
Commonwealth.
(2) Be tax exempt under section 501(c)(3) of the
Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
501(c)(3)).
(3) Operate primarily in this Commonwealth.
(4) Have at least three years of experience providing
legal services related to kinship care or similar civil legal
services.
(5) Have a primary purpose of providing to individuals
civil legal services without a fee or at a subsidized rate.
(d) Eligibility for legal services.--
(1) Grant money awarded by the department to a legal
services entity may be used for administrative, civil legal
services and other costs associated with a kinship caregiver
to ensure the safety and welfare of the child in kinship
care, including:
(i) Guardianship.
(ii) Adoption.
(iii) Power of attorney for medical and educational
care.
(iv) Mediation.
(v) Custody.
(2) A legal services entity may only use grant money for
the costs associated with a kinship caregiver if:
(i) The kinship caregiver is a resident of this
Commonwealth, regardless of citizenship or length of
residence in this Commonwealth.
(ii) The monthly gross income of the kinship
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caregiver's family does not exceed 250% of the Federal
poverty guidelines, as published annually in the Federal
Register by the United States Department of Health and
Human Services, adjusted according to household size or
the kinship caregiver is currently receiving public
assistance under Medial Assistance or Supplemental
Nutrition Assistance.
(e) Prohibitions.--A legal services entity may not use grant
money for political and lobbying activities, defense of criminal
prosecutions or juvenile delinquency or other proceedings
unrelated to the safety, stability or economic security of
kinship care.
(f) Evaluation of applicants.--The department shall evaluate
applications received under this section for compatibility with
the program's intent, including awarding grants to legal
services entities that demonstrate:
(1) A primary mission to providing civil legal
assistance to kinship caregivers and families.
(2) Sufficient personnel and the expertise necessary to
deliver the services required under this section.
(3) Broad community support and the support and
cooperation of local programs through letters of support or
other evidence.
(g) Duration.--Grants shall be awarded for a one-year term
on an annual basis. The amount of grants available for
distribution may change each year based on the amount of funds
appropriated to the department and the cost of administering the
grants.
(h) Priority of applications.--Priority shall be given to
legal services entities that:
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(1) Serve vulnerable segments of the population.
(2) Expand access to hard-to-reach segments of the
population.
(3) Apply creative and innovative approaches that could
significantly enhance access, increase efficiency or improve
service quality.
(i) Reports.--Legal services entities that are awarded
grants under this section shall prepare and submit a report to
the department on an annual basis, and the department shall
publish the reports on the department's publicly accessible
Internet website. The report shall include:
(1) The total number of individuals provided legal
assistance from the grant award and de-identifiable
information about the individuals, including gender, race,
ethnicity, age, county of residence, household size,
approximate household income and receipt of ongoing public
assistance at the time legal services were initiated.
(2) The outcomes of the cases of individuals provided
legal services.
(3) Legal issues addressed by the legal services entity.
(4) The expenditure of grant money by the recipient to
assist kinship caregivers and families throughout this
Commonwealth.
(5) The number of instances when kinship caregivers
sought legal assistance from a legal services entity grant
recipient under this section, but were not able to obtain
legal services and the reasons why legal services were not
provided.
(6) The amount of unexpended grant money, if applicable.
(7) Recommendations for improvements to access and
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availability of legal assistance to kinship caregivers and
families.
(8) Other information deemed necessary by the
department.
(j) Regulations.--The department may promulgate regulations
as necessary to implement and administer the program.
(k) Fund.--
(1) The Legal Services for Kinship Care Families Grant
Fund is established within the State Treasury. Money in the
fund shall be used for the purpose specified in this section.
(2) Money in the fund is appropriated on a continuing
basis to the department to award grants under this section.
(3) The sum of $750,000 shall be transferred from the
General Fund to the fund.
(l) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Fund." The Legal Services for Kinship Care Families Grant
Fund established under subsection (k).
"Kinship caregiver." An individual who:
(1) Is at least 21 years of age.
(2) Lives with and is responsible for the care of a
child under 18 years of age.
(3) Is related within the fifth degree of consanguinity
or affinity to the parent or stepparent of the child under 18
years of age.
"Legal services entity." An organization that provides
comprehensive and effective legal assistance related to kinship
care to individuals within this Commonwealth.
"Program." The Legal Services for Kinship Care Families
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Grant Program established under subsection (a).
Section 2. This act shall take effect in 180 days.
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