Pennsylvania HB 856: An act amending Title 67 (Public Welfare) of the Pennsylvania Consolidated Statutes, in preliminary provisions, further providing for definitions; in medical assistance hearings and appeals, further providing for definitions; in public welfare generally, providing for adoption opportunities and for family finding and kinship care; establishing the Kinship Care Program and the Subsidized Permanent Legal Custodianship Program; making related repeals; and making editorial changes.

Bill Text

2019-2020 Regular Session HB 856 PN 1333 Bill Text (HTM) 

• 

• 

 See other bills 
under the
same topic 

PRIOR PRINTER'S NO. 970

PRINTER'S NO. 1333

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL 

No.

856 

Session of 

2019 

INTRODUCED BY BOBACK, HOWARD, LONGIETTI, RADER, KORTZ, HELM, 

DeLUCA, PETRARCA, D. MILLER, TOOHIL AND COMITTA, 

MARCH 18, 2019 

AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF 

REPRESENTATIVES, AS AMENDED, APRIL 9, 2019

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," in children and youth, 

further providing for definitions; and, in family finding and 

kinship care, further providing for definitions, for Kinship 

Care Program, for Subsidized Permanent Legal Custodianship 

Program and for permanent legal custodianship subsidy and 

reimbursement.

AMENDING TITLE 67 (PUBLIC WELFARE) OF THE PENNSYLVANIA 

CONSOLIDATED STATUTES, IN PRELIMINARY PROVISIONS, FURTHER 

PROVIDING FOR DEFINITIONS; IN MEDICAL ASSISTANCE HEARINGS AND 

APPEALS, FURTHER PROVIDING FOR DEFINITIONS; IN PUBLIC WELFARE 

GENERALLY, PROVIDING FOR ADOPTION OPPORTUNITIES AND FOR 

FAMILY FINDING AND KINSHIP CARE; ESTABLISHING THE KINSHIP 

CARE PROGRAM AND THE SUBSIDIZED PERMANENT LEGAL CUSTODIANSHIP 

PROGRAM; MAKING RELATED REPEALS; AND MAKING EDITORIAL 

CHANGES.

The General Assembly of the Commonwealth of Pennsylvania 

hereby enacts as follows:

Section 1. Section 772 of the act of June 13, 1967 (P.L.31, 

No.21), known as the Human Services Code, amended June 30, 2012 

(P.L.668, No.80), amendment declared unconstitutional, 188 A.3d 

1135 (Pa. 2018), is reenacted and amended to read:

Section 772. Definitions.--As used in this subdivision:

<--

<--

<--

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

"Adoption opportunity" is a subsidy which may include 

maintenance cost; medical, surgical, and psychological expenses; 

and other costs incident to the adoption.

"Child" means an individual who:

(1) is under the age of eighteen years; or

(2) is under the age of twenty-one years and who attained 

thirteen years of age before the adoption assistance agreement 

became effective and who is:

(i) completing secondary education or an equivalent 

credential;

(ii) enrolled in an institution which provides postsecondary 

or vocational education;

(iii) participating in a program actively designed to 

promote or remove barriers to employment;

(iv) employed for at least eighty hours per month; or

(v) incapable of doing any of the activities described in 

subclause (i), (ii), (iii) or (iv) due to a medical or 

behavioral health condition, which is supported by regularly 

updated information in the permanency plan of the child.

"Eligible child" means a child in the legal custody of local 

authorities where parental rights have been terminated pursuant 

to the procedure set forth in [Article III of the act of July 

24, 1970 (P.L.620, No.208), known as the "Adoption Act,"] 23 

Pa.C.S. Ch. 25 (relating to proceedings prior to petition to 

adopt) and such child has been in foster placement for a period 

of not less than six months and where the child has been shown 

to be a difficult adoption placement because of a physical 

and/or mental handicap, emotional disturbance, or by virtue of 

age, sibling relationship, or ethnicity. A child in the legal 

custody of an agency approved by the department shall be an 

20190HB0856PN1333 - 2 - 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

eligible child if the child is certified as eligible by the 

local authorities.

"Local authorities" means county institution districts or 

their successors.

Section 2. Section 1302 of the act, amended June 30, 2012 

(P.L.668, No.80), amendment declared unconstitutional, 188 A.3d 

1135 (Pa. 2018), the definitions of "accept for service" and 

"family finding," added July 9, 2013 (P.L.369, No.55), and the 

definitions of "eligible permanent legal custodian," "sibling" 

and "successor permanent legal custodian," amended or added 

December 28, 2015 (P.L.500, No.92), is reenacted to read:

Section 1302. Definitions.

The following words and phrases when used in this article 

shall have the meanings given to them in this section unless the 

context clearly indicates otherwise:

"Accept for service." Decide on the basis of the needs and 

problems of an individual to admit or receive the individual as 

a client of the county agency or as required by a court order 

entered under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).

"Child." An individual who:

(1) is under 18 years of age; or

(2) is under 21 years of age and who attained 13 years 

of age before the subsidized permanent legal custodianship 

agreement became effective and who is:

(i) completing secondary e