RESOURCE FAMILY AND ADOPTION PROCESS ACT — 2005 Pa. Act 68 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 130, 2212, 2951 PRINTER'S NO. 2996
INTRODUCED BY SATHER, HESS, GEIST, BAKER, BALDWIN, BASTIAN,
BUNT, CAPPELLI, CRAHALLA, DENLINGER, DeWEESE, FABRIZIO,
GINGRICH, HARHART, HARRIS, HENNESSEY, HERMAN, HERSHEY,
HICKERNELL, KIRKLAND, LEACH, LEDERER, MANN, McGILL, METCALFE,
R. MILLER, S. MILLER, MUNDY, O'NEILL, PHILLIPS, PISTELLA,
REICHLEY, ROSS, SAYLOR, SCAVELLO, SCHRODER, E. Z. TAYLOR,
TIGUE, WALKO, WASHINGTON, WATSON, WILT, STERN, HARPER,
SEMMEL, THOMAS, YOUNGBLOOD, PALLONE, JOSEPHS, BROWNE, TRUE,
M. KELLER, SAMUELSON, PICKETT, MYERS AND MELIO,
JANUARY 31, 2005
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 31, 2005
AN ACT
1 Providing for certain rights of foster RESOURCE parents; and <--
2 further providing for duties of county agencies and foster <--
3 family care PRIVATE agencies. <--
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Foster Parent <--
8 Consideration RESOURCE FAMILY AND ADOPTION PROCESS Act. <--
9 Section 2. Legislative findings and declaration of policy. <--
10 (a) Findings.--The General Assembly hereby finds as follows:
11 (1) Foster parents provide an invaluable transitional
12 resource for children whose lives have been disrupted and are
13 in crisis.
14 (2) Foster parents are often an excellent adoptive
1 resource and, if they are interested, should be afforded
2 consideration as an adoptive resource when a child's goal has
3 been changed to adoption.
4 (3) Of the children adopted in Pennsylvania during 2003,
5 63.7% were adopted by their foster parent or parents.
6 (4) Aside from psychological bonding with a foster
7 parent, other critical factors must also be taken into
8 account when placing children for adoption, such as
9 preserving sibling groups in placement and seeking available
10 kin, if any, to provide care for the child or children.
11 (5) Foster parents that are not selected to be the
12 adoptive resource should be informed of the reason for such
13 determination.
14 (6) Although foster families may not always agree with
15 the decision of the county agency or the foster family care
16 agency, all parties with an interest in the child must work
17 together during transition to help to ensure a favorable
18 resolution for the child.
19 (7) Open communication is imperative between all
20 pertinent parties involved with the child.
21 (b) Declaration of policy.--It shall be the policy of this
22 Commonwealth to:
23 (1) Ensure improved communication between all parties
24 involved in a child's well-being during the transition from
25 foster care to adoption, such as the county agency, the
26 foster family care agency, the foster family and the
27 biological family.
28 (2) Always strive to execute decisions that will
29 ultimately result in enhanced outcomes for the child,
30 including emphasis on maintaining sibling groups and placing
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1 children with available kin, if any.
2 SECTION 2. LEGISLATIVE INTENT. <--
3 THE GENERAL ASSEMBLY RECOGNIZES AND VALUES THE IMPORTANT
4 SERVICE PROVIDED BY A RESOURCE FAMILY PARENT OR PARENTS IN <--
5 CARING FOR CHILDREN AND YOUTH WITHIN THE FOSTER CARE SYSTEM. IT
6 IS THE INTENT OF THE GENERAL ASSEMBLY TO ENSURE THAT PERSONS
7 SERVING AS RESOURCE PARENTS ARE TREATED EQUITABLY DURING ALL
8 STAGES OF A FOSTER CHILD'S PLACEMENT, INCLUDING ADOPTION. THE
9 FOREMOST GOAL OF ANY PLACEMENT OF THE CHILD SHALL ENSURE A
10 FAVORABLE RESOLUTION FOR THE CHILD.
11 Section 3. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Child." An individual who: <--
16 (1) is under 18 years of age;
17 (2) is under 21 years of age and who committed an act of
18 delinquency before reaching 18 years of age; or
19 (3) is under 21 years of age and who was adjudicated
20 dependent before reaching 18 years of age and while engaged
21 in a course of instruction or treatment requests the court to
22 retain jurisdiction until the course has been completed.
23 UNDER 18 YEARS OF AGE WHO IS RESIDING WITH A RESOURCE FAMILY. <--
24 "County agency." The county children and youth social
25 service agency established pursuant to section 405 of the act of
26 June 24, 1937 (P.L.2017, No.396), known as the County
27 Institution District Law, or its successor, and supervised by
28 the Department of Public Welfare under Article IX of the act of
29 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
30 "Foster family." The living unit, including the foster <--
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1 family residence and foster parent, approved by a foster family
2 care agency to provide foster family care to a child.
3 "Foster family care." Residential care and supervision
4 provided to a child placed with a foster family.
5 "Foster family care agency." A public or private agency
6 which recruits, approves, supervises and places children with
7 foster families.
8 "Foster parent." An individual approved by a foster family
9 care agency who is responsible for providing foster family care
10 to a child placed by a foster family care agency.
11 "Interview." An interactive process by which a foster family <--
12 care COUNTY OR PRIVATE agency becomes familiar with prospective <--
13 adoptive parents.
14 "PRIVATE AGENCY." A CHILDREN AND YOUTH SOCIAL SERVICE AGENCY <--
15 SUBJECT TO THE REQUIREMENTS OF 55 PA. CODE CH. 3680 (RELATING TO
16 ADMINISTRATION AND OPERATION OF A CHILDREN AND YOUTH SOCIAL
17 SERVICE AGENCY).
18 "RESOURCE FAMILY." A FAMILY WHICH PROVIDES TEMPORARY FOSTER
19 OR KINSHIP CARE FOR CHILDREN WHO NEED OUT-OF-HOME PLACEMENT AND
20 WHICH MAY EVENTUALLY PROVIDE PERMANENCY FOR THOSE CHILDREN,
21 INCLUDING AS AN ADOPTIVE FAMILY.
22 "RESOURCE FAMILY PARENT OR PARENTS." AN INDIVIDUAL OR <--
23 INDIVIDUALS APPROVED BY A COUNTY OR PRIVATE AGENCY WHO IS
24 RESPONSIBLE FOR PROVIDING FOSTER CARE TO A CHILD PLACED WITH A
25 RESOURCE FAMILY.
26 Section 4. Certain rights of foster parents. <--
27 (a) Interview.--
28 (1) In cases where a foster family care agency places a
29 child in the care of a foster family, the child's goal has
30 been changed to adoption and the child has resided with that
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1 approved foster family for six months or more, the foster
2 parent or parents shall have the right to an interview with
3 the foster family care agency in the event that the foster
4 parent or parents are interested in becoming an adoptive
5 resource for the foster child.
6 (2) The foster family care agency shall convey the
7 information obtained from the interview of the foster family,
8 in addition to information obtained from the interviews of
9 other prospective adoptive families, to the county children
10 and youth agency for its consideration when making a
11 determination as to placement of the child.
12 SECTION 4. RESOURCE FAMILY ADOPTION INTERVIEW PROCESS. <--
13 (A) INTERVIEW.--A RESOURCE FAMILY PARENT OR PARENTS SHALL BE
14 GIVEN AN INTERVIEW WITH THE APPROPRIATE COUNTY OR PRIVATE AGENCY
15 WHEN ALL OF THE FOLLOWING OCCUR:
16 (1) THE COUNTY OR PRIVATE AGENCY THAT PLACED THE CHILD
17 WITH THAT RESOURCE FAMILY HAS CHANGED THE CHILD'S GOAL FROM
18 FOSTER CARE TO ADOPTION.
19 (2) THE RESOURCE FAMILY PARENT IS INTERESTED IN BECOMING
20 AN ADOPTIVE RESOURCE FOR THAT CHILD.
21 (3) THE CHILD HAS RESIDED WITH THAT RESOURCE FAMILY FOR
22 SIX MONTHS OR MORE.
23 (B) RESOURCE FAMILY PARENT INTERVIEW.--IN ADDITION TO
24 INFORMATION OBTAINED FROM INTERVIEWS OF OTHER PROSPECTIVE
25 ADOPTIVE FAMILIES, THE INTERVIEWING AGENCY SHALL CONVEY
26 INFORMATION OBTAINED FROM THE INTERVIEW WITH THE RESOURCE FAMILY
27 PARENT, TO THE COUNTY AGENCY RESPONSIBLE FOR MAKING THE
28 DETERMINATION AS TO ADOPTIVE PLACEMENT OF THE CHILD.
29 (b) Consideration of other individuals.--If the county <--
30 agency decides to consider other individuals as potential
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1 adoptive parents for the child, the county agency shall document
2 the reasons for such consideration in the child's case record.
3 (B) (C) CONSIDERATION OF MORE THAN ONE ADOPTIVE RESOURCE.-- <--
4 WHERE WHEN MORE THAN ONE ADOPTIVE RESOURCE IS AVAILABLE AND <--
5 CONSIDERED FOR THE FOR THE PLACEMENT OF A CHILD, THE COUNTY <--
6 AGENCY SHALL DOCUMENT THE REASONS FOR CHOOSING TO PLACE THE <--
7 CHILD WITH PARTICULAR POTENTIAL ITS REASONS FOR PLACING THE <--
8 CHILD WITH THE SELECTED ADOPTIVE PARENTS IN THE CHILD'S CASE
9 RECORD.
10 (c) (D) Certain concerns not to be considered.--No foster <--
11 parent RESOURCE PARENT WHO MEETS THE CONDITIONS SET FORTH IN <--
12 SUBSECTION (A) shall be denied primary consideration as an <--
13 adoptive parent for a child in the foster parent's care for six <--
14 months or more simply because of concerns regarding an SOLELY <--
15 BECAUSE OF THE inability to access that individual as a foster <--
16 parent for other children RESOURCE FAMILY PARENT in the future. <--
17 Section 5. Regulations.
18 The Department of Public Welfare may promulgate regulations <--
19 regarding foster family care agency and county agency
20 responsibilities pursuant to this act. SUCH REGULATIONS AS MAY <--
21 BE NECESSARY TO IMPLEMENT THIS ACT.
22 Section 6. Effective date.
23 This act shall take effect immediately IN 60 DAYS. <--
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