Pennsylvania Act 2008-109 — JUDICIAL CODE (42 PA.C.S.) - NOTICE AND HEARING AND OTHER BASIC RIGHTS AND ADJUDICATIONS OF JUVENILES

Act text

JUDICIAL CODE (42 PA.C.S.) - NOTICE AND HEARING AND OTHER BASIC RIGHTS
                      AND ADJUDICATIONS OF JUVENILES
                 Act of Oct. 9, 2008, P.L. 1396, No. 109              Cl. 42
                             Session of 2008
                               No. 2008-109

     HB 1511

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, in juvenile matters,
        adding definitions; further providing for notice and hearing,
        for other basic rights; and for adjudication of juveniles.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 6302 of Title 42 of the Pennsylvania
     Consolidated Statutes is amended by adding definitions to read:
      § 6302.  Definitions.
        The following words and phrases when used in this chapter
     shall have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        * * *
        "Assessment."  An individualized examination of a child to
     determine the child's psychosocial needs and problems, including
     the type and extent of any mental health, substance abuse or co-
     occurring mental health and substance abuse disorders and
     recommendations for treatment. The term includes, but is not
     limited to, a drug and alcohol, psychological and psychiatric
     evaluation, records review, clinical interview and the
     administration of a formal test and instrument.
        * * *
        "Screening."  A process, regardless of whether it includes
     the administration of a formal instrument, that is designed to
     identify a child who is at increased risk of having mental
     health, substance abuse or co-occurring mental health and
     substance abuse disorders that warrant immediate attention,
     intervention or more comprehensive assessment.
        * * *
        Section 2.  Section 6336.1 of Title 42 is amended to read:
      § 6336.1.  Notice and hearing.
        (a)  General rule.--The court shall direct the county agency
     or juvenile probation department to provide the child's foster
     parent, preadoptive parent or relative providing care for the
     child with timely notice of the hearing. The court shall provide
     the child's foster parent, preadoptive parent or relative
     providing care for the child the right to be heard at any
     hearing under this chapter. Unless a foster parent, preadoptive
     parent or relative providing care for a child has been awarded
     legal custody pursuant to section 6357 (relating to rights and
     duties of legal custodian), nothing in this section shall give
     the foster parent, preadoptive parent or relative providing care
     for the child legal standing in the matter being heard by the
     court.
        (b)  Permanency hearings.--
            (1)  Prior to a permanency hearing under section 6351(e)
        (relating to disposition of dependent child), a child's
        foster parent or parents, preadoptive parent or relative
        providing care for the child may submit to the court a report
        in regard to the child's adjustment, progress and condition.
            (2)  The county agency shall notify the foster parent or
        parents, preadoptive parent or relative providing care for
        the child of the right to submit a report under this
        subsection to the court on a form under paragraph (3). The
        county agency shall provide the foster parent or parents,
        preadoptive parent or relative providing care for the child
        with information identifying the name of the judge or officer
        of the court, along with mailing address, to whom the report
        is to be submitted.
            (3)  The Department of Public Welfare shall develop a
        form for use by a foster parent or parents, preadoptive
        parent or relative providing care for the child, including,
        but not limited to, the following information:
                (i)  Date of completion.
                (ii)  Name and address of child.
                (iii)  Name and address of foster parent or parents,
            preadoptive parent or relative providing care for the
            child. The information under this subparagraph shall be
            considered confidential except at the discretion of the
            court.
                (iv)  Name of primary caseworker and agency.
                (v)  Description of child's adjustment in the home.
                (vi)  Description of child's interaction with foster
            parent or parents, preadoptive parent or relative
            providing care and with family members of individuals
            referred to in this subparagraph.
                (vii)  Description of child's interaction with
            others.
                (viii)  Evaluation of child's respect for property.
                (ix)  Description of physical and emotional condition
            of child.
                (x)  Description of child's interaction with the
            primary caseworker.
                (xi)  Description of caseworker's interaction with
            the child and foster parent or parents, preadoptive
            parent or relative providing care for the child and with
            family members of individuals referred to in this
            paragraph.
                (xii)  Description of educational status, grades,
            attendance and behavior of child in school or child's
            experience in a child day-care setting or early childhood
            development program.
                (xiii)  Description of child's experience involving
            visitation with birth parents, specifying if visitation
            is supervised or unsupervised and any significant events
            which occurred.
                (xiv)  Opinion on overall adjustment, progress and
            condition of the child.
                (xv)  Other concerns, comments or recommendations.
            (4)  The report shall be reviewed by the court and is
        subject to review by other persons and agencies under
        sections 6307 (relating to inspection of court files and
        records) and 6342(d)(1) (relating to court-appointed special
        advocates).
            (5)  A county agency or a private agency as defined under
        23 Pa.C.S. § 6303 (relating to definitions) shall not take
        any retaliatory action against a foster parent, preadoptive
        parent or relative for any information, comments or concerns
        provided in good faith in a report under this subsection.
        This paragraph shall not be construed to prevent any agency
        from taking any action if the report contains information
        that the foster parent, preadoptive parent or relative has
        engaged in any conduct that is contrary to any regulation or
        law or is not in the child's best interest.
        Section 3.  Section 6338 of Title 42 is amended by adding a
     subsection to read:
      § 6338.  Other basic rights.
        * * *
        (c)  Statements and information obtained during screening or
     assessment.--
            (1)  No statements, admissions or confessions made by or
        incriminating information obtained from a child in the course
        of a screening or assessment that is undertaken in
        conjunction with any proceedings under this chapter,
        including, but not limited to, that which is court ordered,
        shall be admitted into evidence against the child on the
        issue of whether the child committed a delinquent act under
        this chapter or on the issue of guilt in any criminal
        proceeding.
            (2)  The provisions of paragraph (1) are in addition to
        and do not override any existing statutory and constitutional
        prohibition on the admission into evidence in delinquency and
        criminal proceedings of information obtained during
        screening, assessment or treatment.
        Section 4.  Section 6341(d) of Title 42 is amended and the
     section is amended by adding a subsection to read:
      § 6341.  Adjudication.
        * * *
        (b.2)  Evidence on the finding of delinquency.--
            (1)  No statements, admissions or confessions made by or
        incriminating information obtained from a child in the course
        of a screening or assessment that is undertaken in
        conjunction with any proceedings under this chapter,
        including, but not limited to, that which is court ordered,
        shall be admitted into evidence against the child on the
        issue of whether the child committed a delinquent act under
        this chapter or on the issue of guilt in any criminal
        proceeding.
            (2)  The provisions of paragraph (1) are in addition to
        and do not override any existing statutory and constitutional
        prohibition on the admission into evidence in delinquency and
        criminal proceedings of information obtained during
        screening, assessment or treatment.
        * * *
        (d)  Evidence on issue of disposition.--
            (1)  (i)  In disposition hearings under subsections (b)
            and (c) all evidence helpful in determining the questions
            presented, including oral and written reports, may be
            received by the court and relied upon to the extent of
            its probative value even though not otherwise competent
            in the hearing on the petition.
                (ii)  Subparagraph (i) includes any screening and
            assessment examinations ordered by the court to aid in
            disposition, even though no statements or admissions made
            during the course thereof may be admitted into evidence
            against the child on the issue of whether the child
            committed a delinquent act.
            (2)  The parties or their counsel shall be afforded an
        opportunity to examine and controvert written reports so
        received and to cross-examine individuals making the reports.
        Sources of information given in confidence need not be
        disclosed.
        * * *
        Section 5.  This act shall take effect in 60 days.

     APPROVED--The 9th day of October, A. D. 2008.

     EDWARD G. RENDELL