RESOURCE FAMILY CARE ACT — 2005 Pa. Act 73 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 1980, 2370, 2737, PRINTER'S NO. 2997
2952
INTRODUCED BY HICKERNELL, BIRMELIN, ARMSTRONG, BAKER, BALDWIN,
BASTIAN, BENNINGHOFF, BUNT, CALTAGIRONE, CAPPELLI, CLYMER,
CRUZ, DALLY, DeWEESE, FLEAGLE, GEIST, GERGELY, GINGRICH,
GOOD, HARRIS, HERMAN, HERSHEY, LEACH, MILLARD, O'NEILL,
PICKETT, PYLE, RUBLEY, SAMUELSON, SATHER, SCAVELLO,
E. Z. TAYLOR, THOMAS, TIGUE, TRUE, WATSON, YOUNGBLOOD,
ROHRER, DENLINGER AND HENNESSEY, MAY 12, 2005
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 31, 2005
AN ACT
1 Providing for certain responsibilities of county and private
2 agencies regarding resource families.
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 Resource
7 Family Care Act.
8 SECTION 2. LEGISLATIVE INTENT. <--
9 THE GENERAL ASSEMBLY RECOGNIZES AND VALUES THE IMPORTANT
10 SERVICE PROVIDED BY RESOURCE PARENTS FAMILIES IN CARING FOR <--
11 CHILDREN AND YOUTH WITHIN THE FOSTER CARE SYSTEM. IT IS THE
12 INTENT OF THE GENERAL ASSEMBLY TO ENSURE THAT PERSONS SERVING AS
13 RESOURCE PARENTS FAMILIES ARE TREATED EQUITABLY AND WITH <--
14 CONSIDERATION AND RESPECT AS A MEANS OF REINFORCING PRODUCTIVE
1 AND RESPONSIBLE INTERACTION AMONG ALL PARTIES INVOLVED IN
2 PROTECTING THE SAFETY AND WELL-BEING OF THESE CHILDREN.
3 Section 2 3. Definitions. <--
4 The following words and phrases when used in this act shall
5 have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "County agency." The county children and youth social
8 service agency established pursuant to section 405 (relating to
9 powers and duties of local authorities as to children) of the
10 act of June 24, 1937 (P.L.2017, No.396), known as the County
11 Institution District Law or its successor, and supervised by the
12 Department of Public Welfare under Article IX (relating to
13 departmental powers and duties as to supervision) of the act of
14 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
15 "Private agency." A children and youth social service agency
16 subject to the requirements of 55 Pa. Code Ch. 3680 (relating to
17 administration and operation of a children and youth social
18 service agency).
19 "Resource family." A family which provides temporary foster
20 or kinship care for children who need out-of-home placement and
21 WHICH may eventually provide permanency for those children, <--
22 including AS an adoptive family. <--
23 SECTION 3. LEGISLATIVE INTENT. <--
24 THE GENERAL ASSEMBLY RECOGNIZES AND VALUES THE IMPORTANT
25 SERVICE PROVIDED BY RESOURCE PARENTS IN CARING FOR CHILDREN AND
26 YOUTH WITHIN THE FOSTER CARE SYSTEM. IT IS THE INTENT OF THE
27 GENERAL ASSEMBLY TO ENSURE THAT PERSONS SERVING AS RESOURCE
28 PARENTS ARE TREATED EQUITABLY AND WITH CONSIDERATION AND RESPECT
29 AS A MEANS OF REINFORCING PRODUCTIVE AND RESPONSIBLE INTERACTION
30 AMONG ALL PARTIES INVOLVED IN PROTECTING THE SAFETY AND WELL-
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1 BEING OF THESE CHILDREN.
2 Section 3 4. Responsibilities of county and private agencies. <--
3 County and private agencies shall provide the following to
4 resource families:
5 (1) Treatment with consideration and respect for <--
6 personal dignity.
7 (2) (1) Notification of scheduled meetings concerning <--
8 the child BY THE COUNTY OR PRIVATE AGENCY CONCERNING A CHILD <--
9 RESIDING WITH A RESOURCE FAMILY in order to actively
10 participate and have input into the service and permanency
11 planning process regarding the child.
12 (3) (2) Support services to assist in the care of the <--
13 child, consistent with the child's approved permanency plan.
14 (4) (3) Open, complete and timely responses from the <--
15 county or private agency when contacted by the resource
16 family, regarding the role of the resource family and the
17 care of the child.
18 (5) (4) Information about the child's medical history, <--
19 general behaviors and information regarding the relationships <--
20 between the child and BEHAVIOR AND RELATIONSHIP WITH his or <--
21 her parents shall be provided to the resource family as soon
22 as that information is obtained by the county or private
23 agency. Within a reasonable amount of time the agency shall
24 provide information ALSO PROVIDE INFORMATION TO THE RESOURCE <--
25 FAMILY concerning the educational history, life experiences
26 and PREVIOUS AND PROSPECTIVE placement circumstances of the <--
27 child.
28 (6) (5) Consultation with the resource family in the <--
29 development of the permanency plan.
30 (7) (6) Consultation with the resource family in the <--
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1 decision to release the resource family's address to the
2 child's parent and be informed when such information has been <--
3 shared TO BE INFORMED PRIOR TO SUCH INFORMATION BEING SHARED <--
4 WITH THE CHILD'S PARENT.
5 (8) (7) Assistance with the coordination of services for <--
6 dealing with THAT MAY BE DEEMED NECESSARY DUE TO RESULTING <--
7 family loss and separation when a child leaves UPON A CHILD'S <--
8 DEPARTURE FROM the resource family's home and when WHEN SUCH <--
9 relocation is not the result of an immediate threat to the
10 health and safety of the child caused by the resource family.
11 (9) (8) Information on all county or private agency <--
12 policies and procedures that relate to the role of a resource
13 family.
14 (10) (9) Appropriate training that will ANY APPROPRIATE <--
15 TRAINING DEEMED NECESSARY TO enhance skills and ability THE <--
16 SKILLS AND PERFORMANCE of the resource family.
17 (11) (10) Information on how to receive services and <--
18 reach county or private agency personnel on a 24-hour-a-day,
19 7-day-a-week basis.
20 (12) (11) Confidentiality regarding allegations of abuse <--
21 involving a member of the resource family. The provision of
22 confidentiality shall not interfere with the safety of the
23 child.
24 (13) (12) Opportunity to be heard regarding agency <--
25 decisions or practices INVOLVING A CHILD RESIDING IN WITH THE <--
26 RESOURCE FAMILY'S HOUSE FAMILY. The agency shall not <--
27 discharge, threaten or otherwise discriminate or retaliate
28 against a resource family for questioning AN APPROPRIATE <--
29 INQUIRY REGARDING the decisions or practices of an agency
30 THAT AFFECT A CHILD RESIDING IN WITH THE RESOURCE FAMILY'S <--
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1 HOME FAMILY.
2 Section 4 5. Copy of responsibilities of county or private <--
3 agencies to be provided.
4 Resource ALL RESOURCE families shall be given a copy of the <--
5 responsibilities enumerated in this act by the APPROPRIATE <--
6 county or private agency upon approval as resource families A <--
7 RESOURCE FAMILY.
8 Section 5 6. Effective date. <--
9 This act shall take effect in 60 days.
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