PUBLIC WELFARE CODE - OMNIBUS AMENDMENTS — 2012 Pa. Act 80 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 1385, 3646PRINTER'S NO. 3884
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.1261Session of2011
INTRODUCED BY QUIGLEY, AUMENT, BAKER, BARRAR, BENNINGHOFF, BOBACK, BOYD, CAUSER, CHRISTIANA, CLYMER, D. COSTA, COX, CREIGHTON, CUTLER, ELLIS, EVERETT, GABLER, GEIST, GILLEN, GINGRICH, GOODMAN, GRELL, GROVE, HARHART, HARPER, HARRIS, HEFFLEY, HESS, HICKERNELL, KAUFFMAN, M. K. KELLER, KNOWLES, KRIEGER, MAJOR, MARSHALL, MARSICO, MASSER, METCALFE, METZGAR, MILLER, MILNE, MOUL, MURT, MUSTIO, O'NEILL, PERRY, PETRI, PICKETT, PYLE, QUINN, READSHAW, REED, REICHLEY, ROAE, ROCK, SAYLOR, SCAVELLO, SCHRODER, STEVENSON, SWANGER, TALLMAN, TOOHIL, VEREB, VULAKOVICH, ADOLPH, FARRY, DELOZIER, MALONEY, RAPP, KORTZ, STEPHENS, BURNS, CALTAGIRONE, GILLESPIE AND BEAR, APRIL 1, 2011
SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 29, 2012
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," in public assistance, <--
4 further providing for definitions and for determination of <--
5 eligibility in general powers and duties of the Department of <--
Public Welfare, providing for county human services
consolidated planning and reporting; in public assistance,
further providing for definitions, providing for cessation of
the general assistance cash program and the continuation of
the general assistance-related medical assistance programs,
further providing for establishment of RESET, for
determination of eligibility, for failure to comply with
employment and work-related activity requirements and for
14 medically needy and determination of eligibility; in children <--
15 and youth, further providing for definitions; and in Nursing <--
Facility Assessments, further providing for time periods; in
kinship care, further providing for definitions and for
Kinship Care Program, providing for Subsidized Permanent
Legal Custodianship Program and for permanent legal
20 custodianship subsidy and reimbursement; Providing for Human <--
Services Block Grant Pilot Program; and making related
repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
3 Section 1. Section 402 of the act of June 13, 1967 (P.L.31, <--
No.21), known as the Public Welfare Code, is amended by adding
definitions to read:
Section 402. Definitions.--As used in this article, unless
the content clearly indicates otherwise:
"Applicant" means an individual who applies for assistance
under this article.
* * *
"Recipient" means an individual who receives assistance under
this article.
* * *
"Residence" means permanent legal residence.
* * *
Section 2. Section 432.2(b) and (c) of the act, amended or
added July 15, 1976 (P.L.993, No.202) and April 8, 1982
(P.L.231, No.75), are amended to read:
Section 432.2. Determination of Eligibility.--* * *
(b) As a condition of eligibility for assistance, all
applicants and recipients of assistance shall cooperate with the
department in providing and verifying information necessary for
the department to determine initial or continued eligibility in
accordance with the provisions of this act. An individual
applying for assistance shall complete an application containing
such information required to establish eligibility and amount of
grant. The application shall include, but not be limited to, the
following information:
(1) Names of all persons to receive aid;
(2) Birth dates of all persons to receive aid;
(3) Social security numbers of all persons to receive aid,
or proof of application for such social security number;
(4) Place of residence for all persons to receive aid;
(5) The names of any legally responsible relative living
in the home;
(6) Any income or resources as defined in this act or in
regulations promulgated pursuant to this act.
The department shall provide assistance as needed to complete
the application and shall insure that all applicants or
recipients have or promptly obtain a social security number. The
department shall determine all elements of eligibility based
upon the circumstances as exist at the applicant's place of
residence prior to awarding assistance.
(c) The department shall determine all elements of
eligibility periodically based upon the circumstances as exist
at the recipient's place of residence and in accordance with the
provisions of this section: Provided, however, That such
determination shall not be less frequent than every six months.
The department shall require the completion of a continuing
application form at the time of redetermination recertifying the
information required by subsection (b) and the provisions of
section 432.15 shall be applicable to this subsection.
* * *
24 Section 1. Section 432.2(b) of the act of June 13, 1967 <--
(P.L.31, No.21), known as the Public Welfare Code, amended June
30, 2011 (P.L.89, No.22), is amended to read:
27 Section 1. The act of June 13, 1967 (P.L.31, No.21), known <--
as the Public Welfare Code, is amended by adding a section to
read:
Section 205.1. County Human Services Consolidated Planning
and Reporting.--(a) The department shall develop a uniform,
consolidated process for counties to submit plans and reports
regarding all of the following:
(1) Funds allocated to counties under the act of October 5,
1994 (P.L.531, No.78), known as the Human Services Development
Fund Act.
(2) Funds allocated to counties for mental health and
intellectual disability services under the act of October 20,
1966 (3rd Sp.Sess., P.L.96, No.6), known as the Mental Health
and Intellectual Disability Act of 1966.
(3) Funds allocated to counties for behavioral health
services.
(4) Funds allocated to counties for drug and alcohol
addiction treatment services under section 2334 of the act of
April 9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929.
(5) Funds allocated to counties for the provision of
services to the homeless.
(6) Funds allocated to county child welfare agencies as
additional grants under section 704.1(b).
(b) Counties shall submit plans and reports in a form,
containing such information, and by such deadline as the
department may prescribe. The plans and reports shall include at
least all of the following:
(1) Delivery of county-based human services by client
population served, including a detailed description of how each
county intends to use the funds identified in subsection (a) to
provide services to its residents in the least restrictive
setting appropriate to their needs.
(2) The distribution and projected expenditure level of the
funds identified in subsection (a), including block grant funds
for those counties participating in the Human Services Block
Grant Pilot Program pursuant to Article XIV-B.
(3) Public hearings by counties under 65 Pa.C.S. Ch. 7
(relating to open meetings), including the opportunity for
individuals and their families receiving human services to
testify about the county plan.
Section 2. Section 402 introductory paragraph and the
definition of "general assistance" in section 402 of the act,
amended May 16, 1996 (P.L.175, No.35), are amended and the
section is amended by adding a definition to read:
Section 402. Definitions.--As used in this article, unless
the [content] context clearly indicates otherwise:
* * *
["General assistance" means assistance granted under the
provisions of section 432(3) of this act.]
"General assistance-related categorically needy medical
assistance" means medical assistance for persons who meet the
requirements under section 432(3).
* * *
Section 3. The act is amended by adding a section to read:
Section 403.2. General Assistance-Related Categorically
Needy and Medically Needy Only Medical Assistance Programs.--(a)
Subject to subsection (b) and notwithstanding any other
provision of law, the general assistance cash assistance program
shall cease August 1, 2012.
(b) The general assistance-related categorically needy
medical assistance program shall continue, including, but not
limited to, the eligibility and work and work-related
requirements under this article. The general assistance-related
medical assistance program for the medically needy only shall
continue.
Section 4. Section 405.1(a.2)(3) of the act, amended May 16,
1996 (P.L.175, No.35), is amended to read:
Section 405.1. Establishment of RESET.--* * *
(a.2) In accordance with RESET, the following requirements
shall apply:
* * *
(3) [A nonexempt applicant's initial work-related activity
shall be to conduct an independent job search for a period not
to exceed eight weeks. A person who is on the effective date of
this subsection a nonexempt recipient shall be required to
conduct an independent job search within eight weeks of the
recipient's next redetermination of eligibility. The applicant
or recipient must document such efforts and present the
documentation to the appropriate county assistance office upon
request. Failure to comply with the requirements of this section
shall result in the imposition of the sanctions set forth in
section 432.3.] As a condition of eligibility, an applicant
shall apply for at least three positions of unsubsidized
employment each week, unless the applicant establishes good
cause for failure to comply. An applicant shall continue to
apply for unsubsidized employment until paid employment of at
least twenty hours per week is secured. The applicant shall
verify compliance with these requirements in the manner and form
prescribed by the department.
* * *
Section 5. Section 432.2(b) of the act, amended June 30,
2011 (P.L.89, No.22), is amended to read:
Section 432.2. Determination of Eligibility.--* * *
(b) As a condition of eligibility for assistance, all
applicants and recipients of assistance shall cooperate with the
department in providing and verifying information necessary for
the department to determine initial or continued eligibility in
accordance with the provisions of this act. An individual
applying for assistance shall complete an application containing
such information required to establish eligibility and amount of
grant. The application shall include, but not be limited to, the
following information:
(1) Names of all persons to receive aid;
(2) Birth dates of all persons to receive aid;
(3) Social security numbers of all persons to receive aid,
or proof of application for such social security number;
(4) Place of residence for all persons to receive aid;
(5) The names of any legally responsible relative living
in the home;
(6) Any income or resources as defined in this act or in
regulations promulgated pursuant to this act.
The department shall provide assistance as needed to complete
the application and shall [insure] ensure that all applicants or
recipients have or promptly obtain a social security number. The
department shall determine all elements of eligibility based
upon the circumstances that exist at the applicant's or
recipient's place of residence prior to awarding assistance.
* * *
26 Section 6. Sections 432.3(a) and 442.1(a)(3) of the act, <--
amended May 16, 1996 (P.L.175, No.35), are amended to read:
Section 432.3. Failure to Comply with Employment and Work-
Related Activity Requirements.--(a) [An applicant or] A
recipient who is not exempt from participation in the employment
or work-related activity requirements set forth in section
405.1(a.2) and who without good cause: (i) voluntarily
terminates employment or reduces earnings; (ii) fails to apply
for work at such time and in such manner as the department may
prescribe; or (iii) fails or refuses to accept referral to and
participate in a work-related activity, or refuses to accept
referral to and work in and retain employment in which the
[applicant or] recipient is able to engage, provided such
employment conforms to the standards established for a bona fide
offer of employment, shall be disqualified from receiving
assistance as follows:
(1) [A] For the first violation, a minimum of thirty days
[for the first violation] and continuing thereafter until such
time as [he or she is willing to comply] the recipient has
demonstrated and maintained compliance for at least a one-week
period with the requirements of section 405.1[; a minimum of
sixty days for]. After the recipient has been disqualified for
ninety days, the entire assistance group shall be disqualified
until the recipient has demonstrated and maintained compliance
for at least a one-week period with the requirements of section
405.1.
(2) For the second violation, a minimum of sixty days and
continuing thereafter until such time as [he or she is willing
to comply] the recipient has demonstrated and maintained
compliance for at least a one-week period with the requirements
of section 405.1[; and permanently for a third violation]. After
the recipient has been disqualified for sixty days, the entire
assistance group shall be disqualified until the recipient has
demonstrated and maintained compliance for at least a one-week
period with the requirements of section 405.1.
[(2) If the reason for the disqualification occurs during
the first twenty-four months that cash assistance is received,
whether those months are consecutive or interrupted, only the
individual is disqualified. If the reason for the
disqualification occurs after the individual has received
assistance for more than twenty-four months, whether those
months are consecutive or interrupted, the disqualification is
imposed on the entire assistance group.]
(3) For the third violation, the entire assistance group
shall be permanently disqualified.
* * *
Section 442.1. The Medically Needy; Determination of
Eligibility.--(a) A person shall be considered medically needy
if that person meets the requirements of clauses (1), (2) and
(3):
* * *
(3) Complies with [either] subclause [(i) or] (ii):
[(i) Receives general assistance in the form of cash.]
(ii) Is not eligible for cash assistance but is:
(A) a child under twenty-one years of age;
(B) a custodial parent of a dependent child under twenty-one
years of age[;] who verifies employment of at least one hundred
hours per month earning at least the minimum wage;
(C) a person fifty-nine years of age or older;
(D) a refugee for whom Federal financial participation is
available;
(E) a pregnant woman;
(F) a person with a disability who is receiving Social
Security disability benefits, who has been referred to the
Social Security Administration for a determination of
eligibility for Supplemental Security Income or who is under
review for a disability by the department based upon Social
Security disability criteria; or
(G) a person who verifies employment of at least one hundred
hours per month earning at least the minimum wage.
* * *
7 Section 2 7. The definition of "child" in section 772 of the <--
act, added December 30, 1974 (P.L.1039, No.339), is amended to
read:
Section 772. Definitions.--As used in this subdivision:
* * *
"Child" means an individual who:
(1) is under the age of eighteen years[.]; or
(2) is under the age of twenty-one years and who attained
thirteen years of age before the adoption assistance agreement
became effective and who is:
(i) completing secondary education or an equivalent
credential;
(ii) enrolled in an institution which provides postsecondary
or vocational education;
(iii) participating in a program actively designed to
promote or remove barriers to employment;
(iv) employed for at least eighty hours per month; or
(v) incapable of doing any of the activities described in
subclause (i), (ii), (iii) or (iv) due to a medical or
behavioral health condition, which is supported by regularly
updated information in the permanency plan of the child.
* * *
29 Section 8. Section 815-A of the act, amended June 30, 2007 <--
(P.L.49, No.16), is amended to read:
Section 815-A. Time periods.--The assessment authorized in
this article shall not be imposed prior to July 1, 2003, or
after June 30, [2012] 2016.
4 Section 3 9. Section 1302 of the act, added September 30, <--
2003 (P.L.169, No.25), is amended to read:
Section 1302. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Child." An individual who:
(1) is under 18 years of age; or
(2) is under 21 years of age and who attained 13 years
of age before the subsidized permanent legal custodianship
agreement became effective and who is:
(i) completing secondary education or an equivalent
credential;
(ii) enrolled in an institution which provides
postsecondary or vocational education;
(iii) participating in a program actively designed
to promote or remove barriers to employment;
(iv) employed for at least 80 hours per month; or
(v) incapable of doing any of the activities
described in subparagraph (i), (ii), (iii) or (iv) due to
a medical or behavioral health condition, which is
supported by regularly updated information in the
permanency plan of the child.
"County agency." The county children and youth social
service agency exercising the power and duties provided for in
section 405 of the act of June 24, 1937 (P.L.2017, No.396),known
as the County Institution District Law, or its successor, and
supervised by the department under Article IX.
"Eligible child." A child who:
(1) has a court-ordered disposition of placement with a
permanent legal custodian pursuant to 42 Pa.C.S. § 6351(a)
(2.1) (relating to disposition of dependent child);
(2) has lived with an eligible permanent legal custodian
for at least six months, which need not be consecutive; and
(3) is a citizen or an alien lawfully residing in this
Commonwealth.
"Eligible permanent legal custodian." A relative or kin:
(1) whose home is approved pursuant to applicable
regulations for placement of foster children;
(2) with whom an eligible child has resided for at least
six months, which need not be consecutive; and
(3) who meets the requirements for employment in child-
care services pursuant to 23 Pa.C.S. § 6344 (relating to
information relating to prospective child-care personnel).
"Foster parent." An individual approved by a public or
private foster family care agency to provide foster family care
services to a child who is temporarily separated from the
child's legal family and placed in the legal custody of an
agency.
"Kin." An individual 21 years of age or older who is one of
the following:
(1) A godparent of the child as recognized by an
organized church.
(2) A member of the child's tribe, nation or tribal
organization.
(3) An individual with a significant, positive
relationship with the child or family.
"Permanent legal custodian." A person to whom legal custody
of the child has been given by order of a court pursuant to 42
Pa.C.S. § 6351(a)(2.1) (relating to disposition of dependent
child).
"Relative." An individual who is:
(1) Related within the [third] fifth degree of
consanguinity or affinity to the parent or stepparent of a
child.
(2) At least 21 years of age.
"Subsidized permanent legal custodianship." A court-ordered
disposition of a dependent child pursuant to 42 Pa.C.S. §
6351(a)(2.1) (relating to disposition of dependent child) for
which the child's permanent legal custodian receives a monetary
payment from the county agency pursuant to a subsidized
permanent legal custodianship agreement.
"Subsidized permanent legal custodianship agreement." A
written agreement signed by the director of the county agency,
or a designee, and a permanent legal custodian, that sets forth
the terms and subsidy payments for a subsidized permanent legal
custodianship.
21 Section 4 10. Section 1303(b) of the act, added September <--
30, 2003 (P.L.169, No.25), is amended and the section is amended
by adding a subsection to read:
Section 1303. Kinship Care Program.
* * *
(a.1) Relative notification.--Except in situations of family
or domestic violence, the county agency shall exercise due
diligence to identify and notify all grandparents and other
adult relatives to the fifth degree of consanguinity or affinity
to the parent or stepparent of a dependent child within 30 days
of the child's removal from the child's home when temporary
legal and physical custody has been transferred to the county
agency. The notice must explain all of the following:
(1) Any options under Federal and State law available to
the relative to participate in the care and placement of the
child, including any options that would be lost by failing to
respond to the notice.
(2) The requirements to become a foster parent,
permanent legal custodian or adoptive parent.
(3) The additional supports that are available for
children removed from the child's home.
(b) Placement of children.--If a child has been removed from
the child's home under a voluntary placement agreement or is in
the legal custody of the county agency, the county agency shall
give first consideration to placement with relatives or kin. The
county agency shall document that an attempt was made to place
the child with a relative or kin. If the child is not placed
with a relative or kin, the agency shall document the reason why
such placement was not possible.
* * *
21 Section 5 11. The act is amended by adding sections to read: <--
Section 1303.1. Subsidized Permanent Legal Custodianship
Program.
(a) Establishment of program.--The Subsidized Permanent
Legal Custodianship Program is established in the department.
(b) Implementation.--The department shall establish and
develop criteria and promulgate necessary regulations for county
agencies to implement the Subsidized Permanent Legal
Custodianship Program in accordance with the provisions of this
article. The criteria and regulations shall include, but not be
limited to, identification of eligible children and eligible
permanent legal custodians, procedures for implementing the
program and reporting requirements by county agencies.
Section 1303.2. Permanent legal custodianship subsidy and
reimbursement.
(a) Amount.--The amount of permanent legal custodianship
subsidy for maintenance costs to a permanent legal custodian
shall not exceed the monthly payment rate for foster family care
in the county in which the child resides.
(b) County reimbursement.--The department shall reimburse
the county agency for at least 80% of the cost of a permanent
legal custodianship subsidy payment provided by a county agency
in accordance with the provisions of this article, provided that
the county agency complies with the requirements established by
the department.
16 Section 12. The act is amended by adding an article to read: <--
ARTICLE XIV-B
HUMAN SERVICES BLOCK GRANT PILOT PROGRAM
Section 1401-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Block grant." The Human Services Block Grant Pilot Program
established in section 1402-B.
"County-based human services." Programs approved by the
Department of Public Welfare and provided by county governments
through direct or contracted services, supportive services and
service coordination. The term includes services designed to
meet service needs of the following:
(1) Individuals in need of behavioral health services.
(2) Individuals with intellectual disabilities.
(3) Individuals in need of drug and alcohol treatment
services.
(4) Individuals who are homeless or at immediate risk of
becoming homeless.
(5) Dependent and delinquent children as defined in 42
Pa.C.S. § 6302 (relating to definitions).
(6) Low-income adults eligible to receive services under
the act of October 5, 1994 (P.L.531, No.78), known as the
Human Services Development Fund Act.
(7) Older individuals as provided for under section
2206-A of the act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929 and eligible to receive
services under the Human Services Development Fund Act.
"Local collaborative arrangements." Two or more counties
acting in concert to provide county-based human services through
a single public or private entity.
Section 1402-B. Establishment of Human Services Block Grant
Pilot Program.
The Human Services Block Grant Pilot Program is established
for the purpose of allocating block grant funds to county
governments to provide locally identified county-based human
services that will meet the service needs of county residents. A
county's request to participate in the block grant shall be on a
form and contain such information as the department may
prescribe. The department, in its discretion, may approve a
county's request based on criteria determined by the department.
No more than 20 counties may participate in the block grant in
any fiscal year.
Section 1403-B. Powers and duties of the department.
(a) Distribution of funds.--Notwithstanding any other law,
the department may distribute those funds that have been
appropriated to the department for the programs set forth in
section 1405-B(a)(1) as a block grant for county-based human
services.
(b) Administration of pilot program.--The department shall
have the power and duty to:
(1) Monitor county governments' administration of the
block grant to ensure compliance with applicable Federal and
State requirements.
(2) Allocate and disburse block grant funds to counties
on a quarterly basis in accordance with section 1405-B.
(3) Provide technical support and assistance to
counties.
(4) Require counties to submit reports containing such
information pursuant to the implementation of this article
and in the form and by the deadline prescribed by the
department.
(5) Monitor, inspect or audit the financial, operating
and accounting records of any county agency or contracted
entity that receives any block grant funds if deemed
necessary by the department.
(6) Withhold, recover or reduce any block grant funds of
a county agency or contracted entity determined to have been
spent or disbursed in violation of Federal or State
requirements.
(7) Establish procedures for the annual submission,
review and approval process of county block grant plans for
the expenditure of block grant funds and the delivery of
county-based human services submitted under section
1404‑B(5). The department shall not approve a county plan
which proposes the elimination of any of the following
county-based human services:
(i) Community-based mental health services.
(ii) Intellectual disability services.
(iii) Child welfare services.
(iv) Drug and alcohol treatment and prevention
services.
(v) Homeless assistance services.
(vi) Behavioral health services.
(8) Prepare and submit by January 1, 2014, and by
November 30 each year thereafter, a report to the chairman
and minority chairman of the Public Health and Welfare
Committee of the Senate, the chairman and minority chairman
of the Appropriations Committee of the Senate, the chairman
and minority chairman of the Health Committee of the House of
Representatives, the chairman and minority chairman of the
Human Services Committee of the House of Representatives and
the chairman and minority chairman of the Appropriations
Committee of the House of Representatives of the expenditures
of block grant funds by county governments to include:
(i) The allocation levels.
(ii) The expenditure levels.
(iii) The number of individuals served by the human
services provided.
(iv) Any other information deemed necessary by the
department, including any information which would
determine the effectiveness of the block grant.
(9) The annual report under paragraph (8) shall be made
available for public inspection and posted on the
department's publicly accessible Internet website.
(10) Promulgate regulations as may be necessary to carry
out this article.
Section 1404-B. Powers and duties of counties.
The local county officials of each county government
participating in the block grant shall have the power and duty
to:
(1) Administer and disburse block grant funds for the
provision of county-based human services in accordance with
this article and regulations promulgated under section 1403-
B(10) and Federal requirements.
(2) Establish or maintain, in agreement with another
county or counties, local collaborative arrangements for the
delivery of any county-based human service. Counties may
establish new local collaborative arrangements under this
paragraph for the provision of a specific county-based human
service or county-based human services, subject to approval
by the secretary.
(3) Determine and redetermine, when necessary, whether a
person is eligible to participate in a county-based human
service, subject to appeal under 2 Pa.C.S. Ch. 5 Subch. B
(relating to practice and procedures of local agencies).
(4) Submit required reports under section 1403-B(b)(4).
(5) Submit to the department an annual Human Services
Block Grant Pilot Plan to include the intended delivery of
county-based human services by client population to be
served, including a detailed description how the county
intends to serve its residents in the least restrictive
setting appropriate to their needs, and the distribution and
the projected expenditure level of block grant funds by
county-based human services allocated under this article in
such form and containing such information as the department
may require. Prior to submitting the annual Human Services
Block Grant Pilot Plan to the department, the county shall
hold at least two public hearings on the plan under 65
Pa.C.S. Ch. 7 (relating to open meetings), which shall
include an opportunity for individuals and families who
receive services to testify about the plan.
Section 1405-B. Allocation.
(a) Allocation.--The department shall allocate State block
grant funds to counties as follows:
(1) The department shall allocate State block grant
funds according to each county's proportional share of the
aggregate amount of the following State funds allocated for
fiscal year 2011-2012:
(i) Funds allocated to counties under the act of
October 5, 1994 (P.L.531, No.78), known as the Human
Services Development Fund Act.
(ii) Funds allocated to counties for mental health
and intellectual disability services under the act of
October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as
the Mental Health and Intellectual Disability Act of
1966.
(iii) Funds allocated to counties for behavioral
health services.
(iv) Funds allocated to counties for drug and
alcohol services under section 2334 of the act of April
9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929.
(v) Funds allocated to counties for the provision of
services to the homeless.
(vi) Funds allocated to county child welfare
agencies as certain additional grants under section
704.1(b).
(2) The department shall allocate Federal block grant
funds to counties according to each county's fiscal year
2011-2012 proportional share of each Federal appropriation
associated with the funds identified in paragraph (1).
(3) Funds identified in paragraphs (1) and (2) that were
allocated to county local collaborative arrangements shall be
allocated to individual counties based on the individual
county population.
(4) The department may revise the allocation of Federal
funds identified in paragraph (2) as necessary to comply with
applicable Federal requirements.
(b) Expenditure.--Each county participating in the block
grant shall expend its allocated block grant funds as follows:
(1) For State fiscal year 2012-2013, each county shall
expend on each of the following county-based human services
at least 80% of the amount the county is allocated under the
funds identified in subsection (a)(1) for that county-based
human service:
(i) Community-based mental health services.
(ii) Intellectual disability services.
(iii) Child welfare services.
(iv) Drug and alcohol treatment and prevention
services.
(v) Homeless assistance services.
(vi) Behavioral health services.
(2) For State fiscal year 2013-2014, each county shall
expend on each of the following county-based human services
at least 75% of the amount the county was allocated under the
funds identified in subsection (a)(1) for that county-based
human service:
(i) Community-based mental health services.
(ii) Intellectual disability services.
(iii) Child welfare services.
(iv) Drug and alcohol treatment and prevention
services.
(v) Homeless assistance services.
(vi) Behavioral health services.
(3) For State fiscal year 2014-2015, each county shall
expend on each of the following county-based human services
at least 50% of the amount the county is allocated under the
funds identified in subsection (a)(1) for that county-based
human service:
(i) Community-based mental health services.
(ii) Intellectual disability services.
(iii) Child welfare services.
(iv) Drug and alcohol treatment and prevention
services.
(v) Homeless assistance services.
(vi) Behavioral health services.
(4) For State fiscal year 2015-2016, each county shall
expend on each of the following county-based human services
at least 25% of the amount the county is allocated under the
funds identified in subsection (a)(1), for that county-based
human service:
(i) Community-based mental health services.
(ii) Intellectual disability services.
(iii) Child welfare services.
(iv) Drug and alcohol treatment and prevention
services.
(v) Homeless assistance services.
(vi) Behavioral health services.
(5) For State fiscal year 2016-2017 and thereafter,
counties may expend block grant funds on county-based human
services as determined by local need.
(c) Waiver.--A county may request in writing that the
department waive the requirements of subsection (b). The
department may, in its discretion, grant the request upon good
cause shown by the county.
(d) Use of remaining funds.--Except as provided in
subsection (b), counties may expend the remaining block grant
funds on county-based human services needs as determined by
county officials.
(e) Contribution to local collaborative arrangement.--Each
county that is part of a local collaborative arrangement in
accordance with section 1404-B(2) shall contribute at a minimum
the percentage of funds specified in subsection (b) to the local
collaborative arrangement for the provision of the county-based
human services delivered by the local collaborative arrangement.
Section 1406-B. Use of block grant funds.
(a) General rule.--Block grant funds received by counties
under this article shall be used solely for the provision of
county-based human services.
(b) Reinvestment.--A county participating in the block grant
may submit to the department a written plan to reinvest up to 3%
of its block grant allocation for any State fiscal year to be
expended on county-based human services in the next State fiscal
year. The 3% limitation may be waived by the department upon
good cause shown by the county.
(c) Eligibility.--No county shall be required to expend
block grant funds under this article on behalf of an individual
until the individual has exhausted eligibility and receipt of
benefits under all other existing Federal, State, local or
private programs.
(d) Allocation.--For State fiscal year 2012-2013, each
county in expending block grant funds shall provide local
matching funds for block grant funds allocated to it in the same
percentage as that county's aggregate local match percentage for
the State funds identified in section 1405-B(a)(1) in State
fiscal year 2010-2011. For each State fiscal year thereafter,
each county in expending block grant funds shall provide local
matching funds for block grant funds allocated to it in the same
percentage as that county's aggregate local match percentage for
the State funds identified in section 1405-B(a)(1) in State
fiscal year 2011-2012.
(e) County obligation.--Except as provided in subsection
(d), counties shall have no financial obligation to provide
human services under this article in excess of their allocation
of block grant funds for any fiscal year.
Section 1407-B. Applicability of other statutes.
(a) Department.--The department's allocation of block grant
funds to counties participating in the block grant under this
article shall fully discharge its responsibilities and
liabilities with respect to those counties under:
(1) Section 704.1(b).
(2) Sections 201(1) and (7), 503, 509, 510 and 511 of
the act of October 20, 1966 (3rd Sp.Sess., P.L.96, No.6),
known as the Mental Health and Intellectual Disability Act of
1966.
(b) County.--
(1) Except as specified in paragraph (2), each county's
provision of county-based human services through the
expenditure of block grant funds, in combination with
required local matching funds, shall fully discharge the
county's responsibilities and liabilities to provide or fund
county-based human services under:
(i) Section 704.1(b).
(ii) Sections 301(d), 503, 509, 510 and 511 of the
act of October 20, 1966 (3rd Sp.Sess., P.L.96, No.6),
known as the Mental Health and Mental Intellectual
Disability Act of 1966.
(iii) Section 401 of the act of June 24, 1937
(P.L.2017, No.396), known as the County Institution
District Law.
(2) This article shall not be construed to affect the
obligation of any county to provide funds for care in any
county nursing home under sections 443.1 or 472, care in any
State institution as defined by section 901, medical
assistance for inmates pursuant to section 441.1 or Article
XIV-A, or mental health or intellectual disability services
provided by the department under sections 505(b) or 508(c) of
the Mental Health and Intellectual Disability Act of 1966.
Section 1408-B. Appeals.
A county agency or contracted entity aggrieved by a
department determination made under section 1403-B(b)(6) may
file a request for a review with the department's Bureau of
Hearings and Appeals, which shall have exclusive jurisdiction in
such matters. The procedures and requirements of 2 Pa.C.S. Ch. 5
Subch. A (relating to practice and procedure of Commonwealth
agencies) and 1 Pa. Code Pt. II (relating to general rules of
administrative practice and procedure) shall apply to requests
for review filed under this section, except that in a request
for a review, the county agency or contracted entity may not
challenge the block grant funds allocation under section 1405-B.
Section 1409-B. Limitations.
(a) Calculation of State appropriation.--No funds allocated
for the block grant may be considered as part of the base for
the calculation of any State appropriation for any fiscal year,
including the county child welfare needs-based budget.
(b) Non-State match.--No funds allocated for the block grant
may be used as the non-State match for other State funds,
programs or grants.
(c) Other reimbursement.--No funds allocated to the block
grant may be used for services reimbursable pursuant to section
704.1(a) in excess of a county's minimum expenditure for child
welfare services required under section 1405-B(b), until the
county has exhausted its allocation of State funds pursuant to
section 709.3 for the State fiscal year. This provision excludes
congregate care and institutional placements for dependent and
delinquent children which are not reimbursable with block grant
funds.
(d) Certain residential service.--No funds allocated to the
block grant may be used for residential service for dependent or
delinquent children other than foster care.
Section 1410-B. Construction.
(a) Federal moneys.--This article shall be construed so as
to maintain and not decrease or limit the eligibility of any
person or facility or the Commonwealth or any political
subdivision of the Commonwealth to receive any Federal
assistance, grant or funds.
(b) Availability of services.--Nothing in this article
creates or provides an individual with an entitlement to
services or benefits. Services under this article shall only be
available from county governments to the extent that funds are
appropriated.
(c) County child welfare services.--This article applies
notwithstanding the provisions of Article VII.
Section 13. All acts and parts of acts are repealed insofar
as they are inconsistent with this act.
13 Section 3 6 14. All regulations inconsistent with this act <--
are abrogated.
15 Section 4 7 15. This act shall take effect in 60 days July <--
1, 2012, or immediately, whichever is later.