Bill Summary – FastDemocracy

PRINTER'S NO.   158
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                        SENATE BILL
                        No. 168
                                               Session of
                                                 2023
     INTRODUCED BY BAKER, SANTARSIERO, LAUGHLIN, COSTA, HAYWOOD,
        ROTHMAN, SCHWANK, COLLETT, KANE, DILLON, TARTAGLIONE,
        COMITTA, CAPPELLETTI AND KEARNEY, JANUARY 30, 2023
     REFERRED TO AGING AND YOUTH, JANUARY 30, 2023
                                    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 payments to counties for services to
    children and for review of county submissions.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    Sections 704.1(a) and 709.2(b) of the act of June
 13, 1967 (P.L.31, No.21), known as the Human Services Code, are
 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] Human Services
 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
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 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] Human Services 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," and the expenses of the appointment
 of a guardian pendente lite, 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."] Fifty percent of the following costs incurred
 in proceedings under 42 Pa.C.S. Ch. 63:
    (i)    the reasonable cost of medical and other examinations
 and treatment of a child ordered by the court;
    (ii)    the appointment of a guardian ad litem for a child in
 the context of dependency proceedings;
    (iii)    the appointment of counsel for a child in the context
 of dependency proceedings;
    (iv)    the appointment of counsel for an indigent child in the
 context of delinquency proceedings;
    (v)    summons, warrants, notices, subpoenas, travel expenses
 of witnesses and transportation of the child; and
    (vi)    other similar expenses incurred in these proceedings.
    The intent of the reimbursements authorized under subclauses
 (iii) and (iv) is to attempt to supplement, and not supplant,
 necessary funding for required juvenile counsel. Counties shall
 include in their needs-based budgets required by section 709.1
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 the purposes for which the funds to be reimbursed to the
 counties pursuant to subclauses (iii) and (iv) shall be used.
 The counties shall prioritize expenditures of these funds in
 ways that are designed to maintain, enhance or improve the
 quantity or quality of legal services provided to juveniles.
    (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 709.2.    Review of county submissions.--* * *
    (b)    The department determination shall consider whether the
 county's budget is reasonable in relation to past costs,
 projected cost increases, number of children in the county and
 the number of children served, service level trends and
 projections of other sources of revenue. The department
 determination shall also consider whether the county's budget
 prioritizes expenditures of the funds reimbursed to the county
 pursuant to section 704.1(a)(5)(iii) and (iv) in a reasonable
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 attempt to supplement, and not supplant, necessary county
 funding for required juvenile counsel in ways that are designed
 to maintain, enhance or improve the quantity or quality of legal
 services provided to juveniles.
    * * *
    Section 2.   This act shall take effect in 60 days.
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