act-2004-0-160•Pennsylvania Act 2004-160 — DOMESTIC RELATIONS CODE (23 PA.C.S.) - INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL
Pennsylvania Act 2004-160 — DOMESTIC RELATIONS CODE (23 PA.C.S.) - INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL
act-2004-0-1602004 Pa. Act 160Law
Act text
DOMESTIC RELATIONS CODE (23 PA.C.S.) - INFORMATION RELATING TO
PROSPECTIVE CHILD-CARE PERSONNEL
Act of Nov. 29, 2004, P.L. 1291, No. 160 Cl. 23
Session of 2004
No. 2004-160
HB 2308
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, further providing for information
relating to prospective child-care personnel.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6303(a) of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 6303. Definitions.
(a) General rule.--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:
* * *
"Private agency." A children and youth social service agency
subject to the requirements of 55 Pa. Code Ch. 3680 (relating to
administration and operation of a children and youth social
service agency).
* * *
"Resource family." A family which provides temporary foster
or kinship care for children who need out-of-home placement and
may eventually provide permanency for those children, including
an adoptive family.
* * *
Section 2. Section 6344(d) and (g) of Title 23 are amended
and the section is amended by adding subsections to read:
§ 6344. Information relating to prospective child-care
personnel.
* * *
(d) Prospective adoptive or foster parents.--With regard to
prospective adoptive or prospective foster parents, the
following shall apply:
(1) In the course of causing an investigation to be made
pursuant to section 2535(a) (relating to investigation), an
agency or person designated by the court to conduct the
investigation shall require prospective adoptive parents and
any individual over the age of 18 years residing in the home
to submit the information set forth in subsection (b)(1) and
(2) for review in accordance with this section.
(2) In the course of approving a prospective foster
parent, a foster family care agency shall require prospective
foster parents and any individual over the age of 18 years
residing in the home to submit the information set forth in
subsection (b)(1) and (2) for review by the foster family
care agency in accordance with this section. In addition, the
foster family care agency shall consider the following when
assessing the ability of applicants for approval as foster
parents:
(i) The ability to provide care, nurturing and
supervision to children.
(ii) Mental and emotional well-being. If there is a
question regarding the mental or emotional stability of a
family member which might have a negative effect on a
foster child, the foster family care agency shall require
a psychological evaluation of that person before
approving the foster family home.
(iii) Supportive community ties with family, friends
and neighbors.
(iv) Existing family relationships, attitudes and
expectations regarding the applicant's own children and
parent/child relationships, especially as they might
affect a foster child.
(v) Ability of the applicant to accept a foster
child's relationship with his own parents.
(vi) The applicant's ability to care for children
with special needs.
(vii) Number and characteristics of foster children
best suited to the foster family.
(viii) Ability of the applicant to work in
partnership with a foster family care agency. This
subparagraph shall not be construed to preclude an
applicant from advocating on the part of a child.
(3) Foster parents and any individual over 18 years of
age residing in the home shall be required to submit the
information set forth in subsection (b)(1) and (2) every 24
months following approval for review by the foster family
care agency in accordance with subsection (c).
(4) Foster parents shall be required to report, within
48 hours, any change in information required pursuant to
subsection (b)(1) and (2) about themselves and any
individuals over the age of 18 years residing in the home for
review by the foster family care agency in accordance with
subsection (c).
(5) Foster parents shall be required to report any other
change in the foster family household composition within 30
days of the change for review by the foster family care
agency.
(6) In cases where foster parents knowingly fail to
submit the material information required in paragraphs (3),
(4) and (5) such that it would disqualify them as foster
parents, the child shall immediately be removed from the home
without a hearing.
(7) An approved foster parent shall not be considered an
employee for any purpose, including, but not limited to,
liability, unemployment compensation, workers' compensation
or other employee benefits provided by the county agency.
(8) The department shall require information based upon
certain criteria for foster and adoptive parent applications.
The criteria shall include, but not be limited to,
information provided by the applicant or other sources in the
following areas:
(i) Previous addresses within the last ten years.
(ii) Criminal history background clearance generated
by the process outlined in this section.
(iii) Child abuse clearance generated by the process
outlined in this section.
(iv) Composition of the resident family unit.
(v) Protection from abuse orders filed by or against
either parent, provided that such orders are accessible
to the county or private agency.
(vi) Details of any proceedings brought in family
court, provided that such records in such proceedings are
accessible to the county or private agency.
(vii) Drug-related or alcohol-related arrests, if
criminal charges or judicial proceedings are pending and
any convictions or hospitalizations within the last five
years. If the applicant provides information regarding
convictions or hospitalizations in that five-year period,
then information on the prior five years shall be
requested related to any additional convictions or
hospitalizations.
(viii) Evidence of financial stability, including
income verification, employment history, current liens
and bankruptcy findings within the last ten years.
(ix) Number of and ages of foster children and other
dependents currently placed in the home.
(x) Detailed information regarding children with
special needs currently living in the home.
(xi) Previous history as a foster parent, including
number and types of children served.
(xii) Related education, training or personal
experience working with foster children or the child
welfare system.
(d.1) Establishment of a resource family registry.--
(1) The department shall establish a registry of
resource family applicants.
(2) The foster family care agency or adoption agency
shall register all resource family applicants on the resource
family registry in accordance with subsection (d.2).
(3) The foster family care agency or adoption agency
shall register all resource families that are approved on the
effective date of this subsection within six months of the
effective date of this subsection.
(4) Any resource family that is voluntarily registered
on the foster parent registry shall be maintained on the
resource family registry mandated under this section.
(d.2) Information in the resource family registry.--
(1) The resource family registry shall include, but not
be limited to, the following:
(i) The name, Social Security number, date of birth,
sex, marital status, race and ethnicity of the
applicants.
(ii) The date or dates of the resource family
application.
(iii) The current and previous home addresses of the
applicants.
(iv) The county of residence of the applicants.
(v) The name, date of birth, Social Security number
and relationship of all household members.
(vi) The name, address and telephone number of all
current and previous foster family care agency or
adoption agency affiliations.
(vii) The foster family care agency or adoption
agency disposition related to the approval or disapproval
of the applicants and the date and basis for the
disposition.
(viii) The type of care the resource family will
provide.
(ix) The number of children that may be placed in
the resource family home.
(x) The age, race, gender and level of special needs
of children that may be placed in the resource family
home.
(xi) The ability of the resource family to provide
care for sibling groups.
(xii) The date and reason for any closure of the
resource family home.
(xiii) The appeal activity initiated by a resource
family applicant or an approved resource family and the
basis for the appeal. This subparagraph shall not be
construed to limit legitimate appeals.
(xiv) The status and disposition of all appeal-
related activities. This subparagraph shall not be
construed to limit legitimate appeals.
(2) The information maintained in the resource family
registry may be released to the following individuals when
the department has positively identified the individual
requesting the information and the department, except in the
case of subparagraphs (iii) and (iv), has inquired into
whether and if it is satisfied that the individual has a
legitimate need within the scope of the individual's official
duties to obtain the information:
(i) An authorized official of a county or private
agency, a Federal agency or an agency of another state
who performs resource family approvals or the department
in the course of the official's duties.
(ii) A guardian ad litem or court-designated
advocate for a child. The information is limited to the
information related to the resource family with whom the
child resides.
(iii) A court of competent jurisdiction, including a
district justice, a judge of the Municipal Court of
Philadelphia or a judge of the Pittsburgh Magistrates
Court, pursuant to court order or subpoena in a criminal
matter involving a charge of child abuse under Chapter 63
(relating to child protective services).
(iv) A court of competent jurisdiction in connection
with any matter involving custody of a child. The
department shall provide to the court any files that the
court considers relevant.
(v) The Attorney General.
(vi) Federal auditors, if required for Federal
financial participation in funding of agencies, except
that Federal auditors may not remove identifiable
information or copies thereof from the department or
county or private agencies.
(vii) Law enforcement agents of any jurisdiction, as
long as the information is relevant in the course of
investigating crimes involving the resource family.
(viii) Appropriate officials of a private agency or
another county or state regarding a resource family that
has applied to become a resource family for that agency,
county or state.
(3) At any time and upon written request, a resource
family may receive a copy of all information pertaining to
that resource family contained in the resource family
registry.
* * *
(g) Regulations.--The department shall promulgate the
regulations necessary to carry out this section. These
regulations shall:
(1) Set forth criteria for unsuitability for employment
in a child-care service in relation to criminal history
record information which may include criminal history record
information in addition to that set forth above. The criteria
shall be reasonably related to the prevention of child abuse.
(2) Set forth sanctions for administrators who willfully
hire applicants in violation of this section or in violation
of the regulations promulgated under this section.
[(3) Provide for the confidentiality of information
obtained pursuant to subsection (b).]
* * *
(n) Confidentiality.--The information provided and compiled
under this section, including, but not limited to, the names,
addresses and telephone numbers of applicants and foster and
adoptive parents, shall be confidential and shall not be subject
to the act of June 21, 1957 (P.L.390, No.212), referred to as
the Right-to-Know Law. This information shall not be released
except as permitted by the department through regulation.
Section 3. This act shall take effect in 60 days.
APPROVED--The 29th day of November, A. D. 2004.
EDWARD G. RENDELL
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