Pennsylvania Act 2007-76 — JUDICIAL CODE (42 PA.C.S.) - NOTICE AND HEARING AND DISPOSITION OF DEPENDENT CHILD

Act text

JUDICIAL CODE (42 PA.C.S.) - NOTICE AND HEARING AND DISPOSITION OF
                             DEPENDENT CHILD
                  Act of Dec. 18, 2007, P.L. 484, No. 76              Cl. 42
                             Session of 2007
                               No. 2007-76

     SB 1156

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        notice and hearing and for disposition of dependent child.

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

        Section 1.  Sections 6336.1 and 6351(e)(1) of Title 42 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 6336.1.  Notice and hearing.
        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 [opportunity] 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.
      § 6351.  Disposition of dependent child.
        * * *
        (e)  Permanency hearings.--
            (1)  The court shall conduct a permanency hearing for the
        purpose of determining or reviewing the permanency plan of
        the child, the date by which the goal of permanency for the
        child might be achieved and whether placement continues to be
        best suited to the safety, protection and physical, mental
        and moral welfare of the child. In any permanency hearing
        held with respect to the child, the court shall consult with
        the child regarding the child's permanency plan in a manner
        appropriate to the child's age and maturity. If the court
        does not consult personally with the child, the court shall
        ensure that the views of the child regarding the permanency
        plan have been ascertained to the fullest extent possible and
        communicated to the court by the guardian ad litem under
        section 6311 (relating to guardian ad litem for child in
        court proceedings) or, as appropriate to the circumstances of
        the case by the child's counsel, the court-appointed special
        advocate or other person as designated by the court.
            * * *
        Section 2.  This act shall take effect January 1, 2008, or
     immediately, whichever is later.

     APPROVED--The 18th day of December, A. D. 2007.

     EDWARD G. RENDELL