Pennsylvania Act 2004-160 — DOMESTIC RELATIONS CODE (23 PA.C.S.) - INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL

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