Bill Summary – FastDemocracy

PRIOR PRINTER'S NO. 2839                           PRINTER'S NO.   3305
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                         HOUSE BILL
                         No. 2175
                                                 Session of
                                                   2024
     INTRODUCED BY SAPPEY, HILL-EVANS, HANBIDGE, BOYD, PROBST,
        FLEMING, KINSEY, OTTEN, SANCHEZ, SHUSTERMAN, BOROWSKI,
        T. DAVIS, HOWARD, MADDEN, DONAHUE, VENKAT, GUENST, DELLOSO,
        SCHLOSSBERG, CURRY, CERRATO, DALEY, CIRESI, BELLMON, CONKLIN,
        MAYES AND BRENNAN, APRIL 3, 2024
     AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF
        REPRESENTATIVES, AS AMENDED, JUNE 11, 2024
                                      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," establishing the Office of
    Child Advocate; and imposing penalties.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    The act of June 13, 1967 (P.L.31, No.21), known
 as the Human Services Code, is amended by adding an article to
 read:
                             ARTICLE VII-A
                        OFFICE OF CHILD ADVOCATE
 Section 701-A.    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:
    "Child Advocate."    The Child Advocate appointed under section
 702-A.
    "Child health, safety and well-being program."    A service or
 program designed to:
        (1)   Prevent neglect, abuse and exploitation of children
    and encourage reporting of suspected child abuse under 23
    Pa.C.S. Ch. 63 (relating to child protective services).
        (2)   Provide temporary, substitute care in foster family
    homes or residential child care facilities for a child in
    need of the care under Article VII and 67 Pa.C.S. Chs. 75
    (relating to family finding and kinship care) and 77
    (relating to adoption opportunities).
        (3)   Provide court-ordered care or supervision to alleged
    or adjudicated dependent or delinquent children under 42
    Pa.C.S. Ch. 63 (relating to juvenile matters).
        (4)   Provide early intervention under the act of December
    19, 1990 (P.L.1372, No.212), known as the Early Intervention
    Services System Act.
        (5)   PROVIDE EDUCATION FOR ALLEGED OR ADJUDICATED           <--
    DEPENDENT OR DELINQUENT CHILDREN UNDER 42 PA.C.S. CH. 63 WHO
    ARE PLACED IN OR ARE TRANSITIONING FROM RESIDENTIAL SETTINGS.
    "County agency."    The county children and youth social
 service agency exercising the powers and duties provided for
 under section 405 of the act of June 24, 1937 (P.L.2017,
 No.396), known as the County Institution District Law, and
 supervised by the department under Article IX.
    "Executive agency."    The term shall mean the same as defined
 under section 102 of the act of October 15, 1980 (P.L.950,
 No.164), known as the Commonwealth Attorneys Act.
    "Executive board."    The Executive Board of the Commonwealth
 established under section 204 of the act of April 9, 1929
 (P.L.177, No.175), known as The Administrative Code of 1929.
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    "Facility."     A residential facility for children operated or
 licensed by the department under Articles IX and X.
    "Local government."     A county, county institution district,
 city, borough, incorporated town, township or any similar,
 general or limited purpose unit of local government or unit
 created by joint action of two or more local government units
 authorized to be created by law.
    "Office."     The Office of Child Advocate established under
 section 702-A.
 Section 702-A.    Office of Child Advocate.
    (a)   Establishment.--The Office of Child Advocate is
 established within the department to INDEPENDENTLY AND               <--
 IMPARTIALLY advocate FOR and advance the interests of children.      <--
 The office shall operate under the direction of the Child
 Advocate. The office shall function independently of the
 department regarding the office's decision-making functions,
 including the powers and duties specified under this article.
    (b)   Appointment and qualifications.--
          (1)   The Child Advocate shall be appointed by the
    Governor, WITH THE ADVICE AND CONSENT OF THE SENATE, and          <--
    shall hold office for a term of four years and until a
    successor is duly appointed, but may not serve more than 90
    days beyond the expiration of the appointed term.
          (2)   A vacancy occurring by expiration of term, death,
    resignation, removal or for any other reasons shall be filled
    in the manner provided by section 8(b) of Article IV of the
    Constitution of Pennsylvania for the remainder of the term.
    THE CHILD ADVOCATE MAY ONLY BE REMOVED FROM OFFICE FOR GOOD       <--
    CAUSE SHOWN.
          (3)   When the term of the Child Advocate expires, the
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    position shall be immediately deemed a vacancy and the
    Governor shall nominate a person to fill that position within
    90 days of the date of expiration, even if the Child Advocate
    continues in office.
          (4)   The Child Advocate may be reappointed for additional
    terms.
          (5)   The Child Advocate shall be an individual who, by
    reason of training and experience, is qualified to represent       <--
    ADVOCATE FOR AND ADVANCE the interests of children.                <--
          (6)   To be eligible to be appointed by the Governor as
    Child Advocate, an individual shall have NO KNOWN CONFLICT OF <--
    INTEREST WITH THE DEPARTMENT OR A COUNTY AGENCY AND at least
    six years of professional experience in child advocacy,
    social work, direct care service to children or related
    areas, including one year in a supervisory or administrative
    capacity regarding the development, implementation or              <--
    evaluation of a human services program, and a bachelor's
    degree. Any equivalent combination of experience and training
    shall be acceptable.
    (c)   Compensation.--Compensation for the Child Advocate shall
 be set by the executive board.
    (d)   Trainings.--Within six months of appointment, the Child
 Advocate and employees of the office shall complete trainings,
 at a minimum, in the following areas:
          (1)   Crisis intervention and behavior management.
          (2)   Trauma-informed care.
          (3)   Sensitive and confidential information.
          (4)   Mandated reporter training.
          (5)   Compliance with the provisions of the Health
    Insurance Portability and Accountability Act of 1996 (Public
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    Law 104-191, 110 Stat. 1936).
    (e)   Mandated reporter.--The Child Advocate and the staff of
 the office are mandated reporters under 23 Pa.C.S. Ch. 63
 (relating to child protective services) and shall make a report
 of suspected child abuse in accordance with 23 Pa.C.S. § 6311
 (relating to persons required to report suspected child abuse).
    (f)   Clearance.--The Child Advocate and the staff of the
 office shall obtain clearance certifications in accordance with
 23 Pa.C.S. § 6344 (relating to employees having contact with
 children; adoptive and foster parents) as a person responsible
 for the child's welfare or having direct contact with children.
 The clearance certifications shall be submitted to the
 department as follows:
          (1)   By the Child Advocate prior to taking office.
          (2)   By staff of the office prior to commencement of
    employment.
    (g)   Limitation RESTRICTED ACTIVITIES.--The Child Advocate      <--
 may not seek election nor accept appointment to a political
 office during tenure as the Child Advocate and for one year
 thereafter.
    (h)   Facilities and staff.--
          (1)   Upon request of the Child Advocate, the department
    shall make available facilities, administrative support and
    other clerical, technical and professional staff as may be
    available within the budget of the department. Positions of
    the office shall be placed under the unclassified service
    provisions of 71 Pa.C.S. Pt. III (relating to civil service
    reform).
          (2)   Legal counsel for the office shall be appointed in
    accordance with the act of October 15, 1980 (P.L.950,
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    No.164), known as the Commonwealth Attorneys Act.
 Section 703-A.       Powers and duties.
    The powers and duties of the Child Advocate OFFICE shall be         <--
 as follows:
        (1)    Advocate for AND ADVANCE THE INTERESTS OF children       <--
    by supporting and enhancing child health, safety and well-
    being programs.
        (2)    Serve as a resource to connect children and families
    with child health, safety and well-being programs.
        (3)    Perform outreach to youth advocates and professional
    organizations involved with facility placements and access.
        (3.1)     CONSULT WITH EXECUTIVE AGENCIES, COUNTY AGENCIES      <--
    AND INDIVIDUALS WITH LIVED EXPERIENCE ON CHILD HEALTH, SAFETY
    AND WELL-BEING PROGRAMS.
        (4)    Conduct visits to a facility as follows:
               (i)    During a visit, the Child Advocate or the Child
        Advocate's authorized designee may conduct voluntary
        interviews of staff and residents of the facility.
               (ii)    The office shall provide reasonable advance
        written notification to the department of a visit under
        this section.
               (iii)    The Child Advocate shall provide written
        notification to the department of findings within 24            <--
        hours 30 BUSINESS DAYS after the visit.                         <--
               (iv)    The Child Advocate or authorized designee may    <--
        not interview staff or a resident involved in a pending
        court proceeding, a criminal investigation or appeal or
        an administrative investigation or appeal.
               (IV)    THE CHILD ADVOCATE OR AUTHORIZED DESIGNEE MAY    <--
        NOT INTERVIEW THE FOLLOWING:
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                (A)   A RESIDENT OR STAFF INVOLVED IN A PENDING
            CRIMINAL INVESTIGATION, PROSECUTION AND RELATED
            APPEAL OR AN ADMINISTRATIVE LICENSURE ACTION AND
            RELATED APPEAL. THIS CLAUSE SHALL NOT APPLY TO THE
            CHILD ADVOCATE'S OR AUTHORIZED DESIGNEE'S SUPPORT OF
            A SUBJECT CHILD UNDER PARAGRAPH (11).
                (B)   A RESIDENT OR STAFF WHO ARE THE SUBJECT OF A
            REPORT UNDER 23 PA.C.S. CH. 63 (RELATING TO CHILD
            PROTECTIVE SERVICES) DURING A CHILD ABUSE
            INVESTIGATION AND RELATED APPEAL. THIS CLAUSE SHALL
            NOT APPLY TO THE CHILD ADVOCATE'S OR AUTHORIZED
            DESIGNEE'S SUPPORT OF A SUBJECT CHILD UNDER PARAGRAPH
            (11).
      (5)   Notwithstanding any other provision of law,
  participate as a member of all child fatality or near
  fatality review teams under 23 Pa.C.S. § 6365 (relating to
  services for prevention, investigation and treatment of child
  abuse). The Child Advocate may authorize a designee to
  participate in a child fatality or near fatality review team
  on the Child Advocate's behalf.
      (6)   Coordinate educational, informational and other
  programs for public awareness and education concerning child
  maltreatment and the role of the community in SUPPORTING AND       <--
  strengthening families and keeping children safe.
      (7)   Promote and advocate the health, safety and well-
  being of children before the General Assembly.
      (8)   Receive and review complaints from the public,
  including receiving complaints from a child, relating to the
  processes or procedures of a child health, safety and well-
  being program. In the Child Advocate's sole discretion, the
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  Child Advocate may make recommendations, referrals, or both,
  to the appropriate executive agency concerning a complaint.
      (9)    Review and evaluate the effectiveness and efficiency
  of the STATE AND LOCAL complaint processes for child health,      <--
  safety and well-being programs and to make recommendations
  for the improvement of these processes.
      (10)   Request, access and review otherwise confidential
  information, records or documents necessary for carrying out
  the duties and responsibility under this article from an
  executive agency or local government in accordance with
  section 704-A(b). Access under this paragraph does not
  include access to criminal investigative or intelligence
  records.
      (11)   As requested, to accompany a child who is a subject
  child under 23 Pa.C.S. Ch. 63 (relating to child protective       <--
  services) to interviews and administrative hearings.
      (12)   Each quarter, send a report to each facility that
  was the subject of a complaint under paragraph (8) during the
  relevant period, listing the complaints involving that
  facility that were received during the past quarter.
      (13)   Meet regularly with the secretary AND OTHER            <--
  EXECUTIVE AGENCY AND COUNTY AGENCY OFFICIALS and report on
  any Statewide trends that the Child Advocate has identified
  with potential solutions.
      (14)   In collaboration with applicable executive
  agencies, coordinate educational, informational and other
  programs for public awareness and education concerning child
  maltreatment and the role of the community in SUPPORTING AND      <--
  strengthening families and keeping children safe.
      (15)   In collaboration with executive agencies and county
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  agencies, CHILDREN AND FAMILIES WITH EXPERIENCE IN CHILD          <--
  HEALTH, SAFETY AND WELL-BEING PROGRAMS AND OTHER INTERESTED
  STAKEHOLDERS, review national trends and promote best             <--
  practices and effective child health, safety and well-being
  programs.
      (16)    In collaboration with executive agencies, county
  agencies and, children and families with experience in child      <--
  health, safety and well-being programs AND OTHER INTERESTED       <--
  STAKEHOLDERS, provide recommendations regarding improvements
  for child health, safety and well-being programs.
      (17)    Consult with executive agencies and provide
  recommendations on regulations, licensure, financing or any
  other responsibilities of the executive agencies to improve
  the safety of and promote better outcomes for children and
  families receiving services in child health, safety and well-
  being programs in the Commonwealth.
      (18)    Notwithstanding any other provision of law, serve
  as a voting member of the Children's Trust Fund Board.
      (19)    Collaborate with local government and executive
  agencies, including the Office of Victim Advocate, regarding
  the coordination of services to children who are victims of
  abuse.
      (19.1)    COLLABORATE WITH LOCAL GOVERNMENT AND EXECUTIVE     <--
  AGENCIES, INCLUDING STATE AND LOCAL EDUCATION AGENCIES,
  REGARDING EDUCATION ISSUES RELATING TO ALLEGED OR ADJUDICATED
  DEPENDENT OR DELINQUENT CHILDREN UNDER 42 PA.C.S. CH. 63
  (RELATING TO JUVENILE MATTERS) WHO ARE PLACED IN OR ARE
  TRANSITIONING FROM RESIDENTIAL SETTINGS.
      (20)    By June 30, 2024, and June 30 each year thereafter,
  provide an annual report summarizing the Child Advocate's
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    activities and accomplishments to the Governor, the
    secretary, the chairperson and minority chairperson of the
    Aging and Youth Committee of the Senate, the chairperson and
    minority chairperson of the Children and Youth Committee of
    the House of Representatives, the chairperson and minority
    chairperson of the Health and Human Services Committee of the
    Senate and the chairperson and minority chairperson of the
    Human Services Committee of the House of Representatives. The
    annual report shall be posted on the office's publicly
    accessible Internet website and may not include confidential
    or personally identifiable information. The report shall
    include, at a minimum, the following:
              (i)    A summary regarding the type of matters handled
          by the Child Advocate during the year.
              (ii)    Recommendations regarding legislation to
          improve the safety of and promote better outcomes for
          children and families receiving services in child health,
          safety and well-being programs in this Commonwealth.
              (iii)    A summary regarding quarterly reports of each
          facility that was the subject of a complaint received
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