THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PASHINSKI, BISHOP, BRIGGS, V. BROWN, CALTAGIRONE, CARROLL, D. COSTA, DAVIS, FABRIZIO, GEIST, HARKINS, HORNAMAN, JOSEPHS, KORTZ, MURT, MYERS, K. SMITH, STABACK, WAGNER AND YOUNGBLOOD, MARCH 1, 2011

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 1, 2011  

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

welfare laws of the Commonwealth," further providing for

payments to counties for services to children; and making

editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 704.1(a) of the act of June 13, 1967

(P.L.31, No.21), known as the Public Welfare Code, amended

August 5, 1991 (P.L.315, No.30), is amended to read:

Section 704.1.  Payments to Counties for Services to

Children.--(a)  The department shall reimburse county

institution districts or their successors for expenditures

incurred by them in the performance of their obligation pursuant

to this act and [the act of December 6, 1972 (P.L.1464, No.333),

known as the "Juvenile Act,"] 42 Pa.C.S. Ch. 63 (relating to

juvenile matters) in the following percentages:

(1)  Eighty percent of the cost of an adoption subsidy paid

pursuant to subdivision (e) of Article VII of this act.

(2)  No less than seventy-five percent and no more than

ninety percent of the reasonable cost including staff costs of

child welfare services, informal adjustment services provided

pursuant to [section 8 of the act of December 6, 1972 (P.L.1464,

No.333), known as the "Juvenile Act,"] 42 Pa.C.S. § 6323

(relating to informal adjustment) and such services approved by

the department, including but not limited to, foster home care,

group home care, shelter care, community residential care, youth

service bureaus, day treatment centers and service to children

in their own home and any other alternative treatment programs

approved by the department.

(3)  Sixty percent of the reasonable administrative costs

approved by the department except for those staff costs included

in clause (2) of this section as necessary for the provision of

child welfare services.

(4)  Fifty percent of the actual cost of care and support of

a child placed by a county child welfare agency or a child

committed by a court pursuant to [the act of December 6, 1972

(P.L.1464, No.333), known as the "Juvenile Act,"] 42 Pa.C.S. Ch.

63 to the legal custody of a public or private agency approved

or operated by the department other than those services

described in clause (2). The Auditor General shall ascertain the

actual expense for fiscal year 1974-1975 and each year

thereafter by the Department of Public Welfare for each of the

several counties and each city of the first class whose children

resident within the county or city of the first class directly

received the benefit of the Commonwealth's expenditure. The

Auditor General shall also ascertain for each Commonwealth

institution or facility rendering services to delinquent or

deprived children the actual average daily cost of providing

said services. The Auditor General shall certify to each county

and city of the first class the allocated Commonwealth

expenditures incurred on behalf of its children and notify the

Secretary of Public Welfare and each county and city of the

first class of same.

(5)  Fifty percent of the reasonable cost of medical and

other examinations and treatment of a child ordered by the court

pursuant to [the act of December 6, 1972 (P.L.1464, No.333),

known as the "Juvenile Act,"] 42 Pa.C.S. Ch. 63 and the expenses

of the appointment of a guardian [pendente lite] ad litem, legal

counsel for a child, summons, warrants, notices, subpoenas,

travel expenses of witnesses, transportation of the child, and

other like expenses incurred in proceedings under [the act of

December 6, 1972 (P.L.1464, No.333), known as the "Juvenile

Act."] 42 Pa.C.S. Ch. 63.

(6)  Effective July 1, 1991, the department shall reimburse

county institution districts or their successors one hundred

percent of the reasonable costs of providing adoption services.

(7)  Effective July 1, 1993, the department shall reimburse

county institution districts or their successors eighty percent

of the reasonable costs of providing foster home care, community

residential care, supervised independent living and community-

based alternative treatment programs.

(8)  The department shall reimburse county institution

districts or their successors for the reasonable costs of

institutional services for dependent and delinquent children

other than detention services for delinquents in accordance with

the following schedule:

(i)  Effective July 1, 1992, fifty-five percent.

(ii)  Effective July 1, 1993, sixty percent.

* * *

Section 2.  This act shall take effect in 60 days.