Bill Text: PA SB924 | 2009-2010 | Regular Session | Introduced

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Bill Title: In juvenile matters, further defining "child" and "dependent child"; and providing for court review and approval of voluntary foster care extension agreements.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2009-06-05 - Referred to JUDICIARY [SB924 Detail]

Download: Pennsylvania-2009-SB924-Introduced.html

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PRINTER'S NO. 1114
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 924 Session of2009
INTRODUCED BY WASHINGTON, LOGAN, KITCHEN AND HUGHES, JUNE 5, 2009
REFERRED TO JUDICIARY, JUNE 5, 2009
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
further defining "child" and "dependent child"; and providing
for court review and approval of voluntary foster care
extension agreements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "child" and "dependent child"
in section 6302 of Title 42 of the Pennsylvania Consolidated
Statutes are amended to read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Child." An individual who:
(1) is under the age of 18 years;
(2) is under the age of 21 years who committed an act of
delinquency before reaching the age of 18 years; [or]
(3) was adjudicated dependent before reaching the age of
18 years and who, while engaged in a course of instruction or
treatment, requests the court to retain jurisdiction until
the course has been completed, but in no event shall a child
remain in a course of instruction or treatment past the age
of 21 years[.]; or
(4) was adjudicated dependent before reaching 18 years
of age and who is at least 18 years of age and under 21 years
of age, and who enters into a written agreement with a county
agency for the continuation of foster care placement and
services in accordance with Article VII-A of the act of June
13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
* * *
"Dependent child." A child who:
(1) is without proper parental care or control,
subsistence, education as required by law, or other care or
control necessary for his physical, mental, or emotional
health, or morals. A determination that there is a lack of
proper parental care or control may be based upon evidence of
conduct by the parent, guardian or other custodian that
places the health, safety or welfare of the child at risk,
including evidence of the parent's, guardian's or other
custodian's use of alcohol or a controlled substance that
places the health, safety or welfare of the child at risk;
(2) has been placed for care or adoption in violation of
law;
(3) has been abandoned by his parents, guardian, or
other custodian;
(4) is without a parent, guardian, or legal custodian;
(5) while subject to compulsory school attendance is
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habitually and without justification truant from school;
(6) has committed a specific act or acts of habitual
disobedience of the reasonable and lawful commands of his
parent, guardian or other custodian and who is ungovernable
and found to be in need of care, treatment or supervision;
(7) is under the age of ten years and has committed a
delinquent act;
(8) has been formerly adjudicated dependent, and is
under the jurisdiction of the court, subject to its
conditions or placements and who commits an act which is
defined as ungovernable in paragraph (6);
(9) has been referred pursuant to section 6323 (relating
to informal adjustment), and who commits an act which is
defined as ungovernable in paragraph (6); [or]
(10) is born to a parent whose parental rights with
regard to another child have been involuntarily terminated
under 23 Pa.C.S. § 2511 (relating to grounds for involuntary
termination) within three years immediately preceding the
date of birth of the child and conduct of the parent poses a
risk to the health, safety or welfare of the child[.]; or
(11) was adjudicated dependent before reaching 18 years
of age and who is 18 years of age or older and under 21 years
of age, and who enters into a written agreement with a county
agency for the continuation of foster care placement and
services in accordance with Article VII-A of the act of June
13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
* * *
Section 2. Title 42 is amended by adding a section to read:
§ 6351.2. Court review and approval of voluntary foster care
extension agreements.
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(a) General rule.--A court shall review a voluntary foster
care extension agreement entered into by a county agency and a
child pursuant to Article VII-A of the act of June 13, 1967
(P.L.31, No.21), known as the Public Welfare Code, where the
child is at least 18 years of age and under 21 years of age and
was declared dependent before reaching 18 years of age, to
extend foster care placement and services.
(b) Basis for determination.--A court shall approve a
voluntary foster care extension agreement where the terms of the
agreement are in the best interest of the child. This
determination shall include consideration of the safety,
protection, mental and moral welfare of the child.
(c) Time period of approval.--Court approval of a voluntary
foster care extension agreement shall extend the court's
determination that the child is dependent until the date on
which the agreement expires on its own terms or termination by
the county agency.
Section 3. This act shall take effect in 180 days.
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